[Rev. 2/12/2019 1:19:51 PM]
κ1989 Statutes of Nevada, Page 1993 (CHAPTER 826, SB 222)κ
Sec. 7. This act becomes effective on June 30, 1989.
________
Senate Bill No. 241Committee on Commerce and Labor
CHAPTER 827
AN ACT relating to industrial insurance; providing an additional remedy if an employee willfully misrepresents or conceals a material fact to obtain industrial insurance benefits; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an insurer determines that an employee has willfully misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of this chapter, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the willful misrepresentation or concealment of a material fact.
2. An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616.5412 to 616.544, inclusive. If the final decision by an appeals officer is favorable to the employee, the administrator shall order the insurer to pay $2,000 to that employee, in addition to any benefits or payments the employee is entitled to receive.
3. This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616.675.
Sec. 2. Chapter 617 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an insurer determines that an employee has willfully misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of this chapter, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the willful misrepresentation or concealment of a material fact.
2. An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616.5412 to 616.544, inclusive. If the final decision by an appeals officer is favorable to the employee, the administrator shall order the insurer to pay $2,000 to the employee, in addition to any benefits or payments the employee is entitled to receive.
κ1989 Statutes of Nevada, Page 1994 (CHAPTER 827, SB 241)κ
3. This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616.675.
________
Senate Bill No. 332Committee on Judiciary
CHAPTER 828
AN ACT relating to missing children; requiring the acceptance of certain reports and the classification of missing children by law enforcement agencies; requiring notice of the disappearance of children to be given to the National Crime Information Center; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432.200 is hereby amended to read as follows:
432.200 1. [Any law enforcement agency that receives a report of a missing child shall:] A law enforcement agency shall accept every report of a missing child which is submitted to the agency, including a report made by telephone. Upon receipt of such a report, the agency shall immediately conduct a preliminary investigation and classify the cause of the disappearance of the child as runaway, abducted by his parent, abducted by a stranger or cause of disappearance unknown, and shall:
(a) Transmit all available information about the child to the division within 36 hours after the report is received; [and]
(b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary [.] ; and
(c) Within 15 days after receiving a report in which the child is classified as a runaway, and within 24 hours after receiving the report in all other cases, notify the National Crime Information Center of the childs disappearance.
2. If a missing child has not been located within 30 days after a report is filed, the law enforcement agency that received the initial report shall, and the division may , ask the childs parent or guardian to consent to the release of the childs dental records . [to that agency.] The law enforcement agency shall transmit [any] all dental records so [received] released to it to the division . [for comparison] The division shall, upon its receipt of the dental records of the missing child, compare those records with the dental records of unidentified deceased children. This subsection does not preclude the voluntary release of the missing childs dental records by his parent or guardian at any time.
3. The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency when he is found or returned. The law enforcement agency shall then transmit the fact to the National Crime Information Center.
________
κ1989 Statutes of Nevada, Page 1995κ
Senate Bill No. 374Committee on Human Resources and Facilities
CHAPTER 829
AN ACT relating to dangerous drugs; authorizing physicians assistants to prescribe poisons, dangerous drugs and devices under certain conditions; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 454.00958 is hereby amended to read as follows:
454.00958 Practitioner means:
1. A physician, dentist, veterinarian or podiatrist who holds a valid license to practice his profession in this state.
2. A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a dangerous drug in the course of professional practice in this state.
3. When relating to the prescription of poisons, dangerous drugs and devices, a [registered] :
(a) Registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him so to prescribe [.] ; or
(b) Physicians assistant who holds a license from the state board of medical examiners and a certificate from the state board of pharmacy permitting him so to prescribe.
Sec. 2. NRS 639.1373 is hereby amended to read as follows:
639.1373 1. A physicians assistant may, if authorized by the board, possess, administer or dispense controlled substances, or possess, administer, prescribe or dispense poisons, dangerous drugs or devices in or out of the presence of his supervising physician only to the extent and subject to the limitations specified in the physicians assistants certificate as issued by the board.
2. Each physicians assistant who is authorized by his physicians assistants certificate issued by the board of medical examiners or the state board of osteopathic medicine to possess, [or] administer or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, [or] dangerous drugs or devices must apply for and obtain a registration certificate from the board and pay a fee to be set by regulations adopted by the board before he can possess, administer or dispense controlled substances, or possess, administer, prescribe or dispense poisons, dangerous drugs or devices.
3. The board shall consider each application separately and may, even though the physicians assistants certificate issued by the board of medical examiners or the state board of osteopathic medicine authorizes the physicians assistant to possess, administer or dispense, controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs and devices:
(a) Refuse to issue a registration certificate;
κ1989 Statutes of Nevada, Page 1996 (CHAPTER 829, SB 374)κ
(b) Issue a registration certificate limiting the physicians assistants authority to possess, administer or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs or devices, the area in which the physicians assistant may possess controlled substances, poisons, dangerous drugs and devices, or the kind and amount of controlled substances, poisons, dangerous drugs and devices; or
(c) Issue a registration certificate imposing other limitations or restrictions which the board feels are necessary and required to protect the health, safety and welfare of the public.
4. If the registration of the physicians assistant is suspended or revoked, the physicians controlled substance registration may also be suspended or revoked.
5. The board shall adopt regulations controlling the maximum amount to be administered, possessed and dispensed, and the storage, security, recordkeeping and transportation of controlled substances [,] and the maximum amount to be administered, possessed, prescribed and dispensed and the storage, security, recordkeeping and transportation of poisons, dangerous drugs and devices by physicians assistants. In the adoption of such regulations, the board shall consider, but is not limited to, the following:
(a) The area in which the physicians assistant is to operate;
(b) The population of that area;
(c) The experience and training of the physicians assistant;
(d) The distance to the nearest hospital and physician; and
(e) The effect on the health, safety and welfare of the public.
6. For the purposes of this section, the term physicians assistant includes an osteopathic physicians assistant and the [terms] term supervising physician includes an employing osteopathic physician as defined in chapter 633 of NRS.
________
Senate Bill No. 380Senator Jacobsen
CHAPTER 830
AN ACT making an appropriation to Douglas County for the restoration of the original Douglas County High School; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to Douglas County the sum of $20,000 for the restoration of the original Douglas County High School.
κ1989 Statutes of Nevada, Page 1997 (CHAPTER 830, SB 380)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on June 30, 1989.
________
Senate Bill No. 457Committee on Commerce and Labor
CHAPTER 831
AN ACT relating to contractors; providing a classification of licensing for certain persons who construct or improve community antenna television systems; requiring such persons to be licensed in that classification; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board shall adopt by regulation a classification of licensing for persons who construct or improve community antenna television systems. Except as otherwise provided in subsection 2, a person who engages in such construction, alteration or improvement must be licensed in this classification and may not be required to be licensed in any other classification.
2. The licensing requirements adopted pursuant to subsection 1 do no apply to a person who is engaged solely in the alteration or repair of antennae used by a community antenna television system.
Sec. 2. A person who is licensed by the state contractors board to construct or improve community antenna television systems on October 1, 1989, shall be deemed to be licensed in the classification established by section 1 of this act. Upon the renewal of that license, he must be licensed in the classification required by section 1 of this act in order to continue to engage in such construction or improvement.
________
κ1989 Statutes of Nevada, Page 1998κ
Senate Bill No. 495Committee on Human Resources and Facilities
CHAPTER 832
AN ACT making an appropriation to the Safe Key Program in Clark County for carrying out the purposes of the program; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Safe Key Program in Clark County the sum of $10,000 for carrying out the purposes of the program.
Sec. 2. The program shall not expend money from the appropriation made by section 1 of this act unless at least $10,000 is committed for expenditure from a source other than the State of Nevada to support the program.
Sec. 3. 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. 4. This act becomes effective on June 30, 1989.
________
Senate Bill No. 521Committee on Commerce and Labor
CHAPTER 833
AN ACT relating to the department of commerce; clarifying that the director of the department of commerce may be considered a member of the staff of each of the divisions of the department for the purpose of carrying out his administrative duties; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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 1999 (CHAPTER 833, SB 521)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, 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. The director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division of the department for the purpose of budget administration or for the performance of any duty or the exercise of any power with respect to the division.
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.
________
Senate Bill No. 446Committee on Natural Resources
CHAPTER 834
AN ACT relating to wild horses; increasing the number of members on the commission for the preservation of wild horses; increasing the compensation of members of the commission; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 504.440 is hereby amended to read as follows:
504.440 1. There is hereby created the commission for the preservation of wild horses. The commission consists of [three] five members appointed by the governor as follows:
(a) A representative of an organization whose purpose is to preserve wild horses and whose headquarters are in Nevada;
(b) An owner or manager of property used for ranching; and
(c) [A member] Three members of the general public who:
κ1989 Statutes of Nevada, Page 2000 (CHAPTER 834, SB 446)κ
(1) [Is] Are not engaged in ranching or farming; and
(2) [Has] Have not been previously engaged in efforts to protect wild horses.
2. After the initial terms, the members shall serve terms of 3 years. Any vacancy in the membership must be filled for the unexpired term.
3. Each member of the commission for the preservation of wild horses is entitled to receive [$60] $80 for each day he is engaged in the business of the commission.
4. The commission for the preservation of wild horses shall meet at least quarterly each year and on the call of the executive director or any two members.
________
Assembly Bill No. 74Assemblymen Swain, Dini, Adler, DuBois, Gaston, Wisdom, Myrna Williams, Sader, Schofield, Chowning, Diamond, Garner, Evans, Regan, Callister, Price, Carpenter, Bergevin, Gibbons, Freeman, Porter, Kerns, Marvel, Spinello, Nevin, Wendell Williams, McGaughey, Arberry, Kissam and Sedway
CHAPTER 835
AN ACT relating to historic preservation; increasing the penalties for the defacement of prehistoric or historic sites; authorizing the agency designated to issue permits for prehistoric and historic sites to adopt regulations relating to those permits; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 381.201 is hereby amended to read as follows:
381.201 The director may designate any state board, state department , division of a state department or state institution as an agent for the purpose of issuing permits. The agency so designated may adopt regulations relating to investigations, explorations or excavations carried out pursuant to any permit issued by that agency.
Sec. 2. NRS 381.225 is hereby amended to read as follows:
381.225 1. It is unlawful for any person to commit vandalism upon any historic or prehistoric sites, natural monuments, speleological sites and objects of antiquity, or to write or paint or carve initials or words, or in any other way deface, any [such] of those objects, Indian paintings or historic buildings.
2. Unless a greater penalty is provided in section 6 of [this act,] Assembly Bill No. 629 of this session, a person violating the provisions of subsection 1 is guilty of a [misdemeanor.] public offense proportionate to the value of the property damaged or destroyed as set forth in NRS 193.155.
κ1989 Statutes of Nevada, Page 2001 (CHAPTER 835, AB 74)κ
Sec. 3. NRS 381.227 is hereby amended to read as follows:
381.227 [Any] Except as otherwise provided in NRS 381.225, any person violating any of the provisions of NRS 381.195 to 381.227, inclusive, [shall be] is guilty of a misdemeanor.
Sec. 4. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
Assembly Bill No. 957Committee on Labor and Management
CHAPTER 836
AN ACT relating to industrial insurance; revising provisions previously approved this session concerning the payment of certain claims for industrial insurance benefits; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.607 is hereby amended to read as follows:
616.607 1. Except as otherwise provided in section 2 of [this act,] chapter 330, Statutes of Nevada 1989, an award for a permanent partial disability may be paid in a lump sum under the following conditions:
(a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.
(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimants undisbursed award for a permanent partial disability.
(c) Any claimant injured on or after July 1, 1987, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 25 percent.
2. If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:
(a) His right to reopen his claim according to the provisions of NRS 616.545; and
κ1989 Statutes of Nevada, Page 2002 (CHAPTER 836, AB 957)κ
(b) Any services for counseling, training or rehabilitation provided by the insurer.
The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.
3. Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.
4. The total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability.
5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 4 of NRS 616.605 [,] and actuarial annuity tables adopted by the department . [and a rate of interest equal to the rate provided for civil judgments in NRS 17.130.] The tables must be reviewed annually by a consulting actuary.
6. If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump sum payment.
Sec. 2. Section 3 of chapter 330, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 3. If a contested claim for compensation is decided in favor of the claimant, he is entitled to an award of interest at the rate [provided for civil judgments in NRS 17.130,] of 9 percent on the amount of compensation due him, from the date the payment on the claim would be due until the date that payment is made.
Sec. 3. Section 1 of Assembly Bill No. 790 of this session is hereby amended to read as follows:
Section 1. NRS 616.607 is hereby amended to read as follows:
616.607 1. Except as otherwise provided in section 2 of chapter 330, Statutes of Nevada 1989, an award for a permanent partial disability may be paid in a lump sum under the following conditions:
(a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.
(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimants undisbursed award for a permanent partial disability.
(c) Any claimant injured on or after July 1, [1987,] 1981, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 25 percent.
κ1989 Statutes of Nevada, Page 2003 (CHAPTER 836, AB 957)κ
this paragraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 25 percent.
2. If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:
(a) His right to reopen his claim according to the provisions of NRS 616.545; and
(b) Any services for counseling, training or rehabilitation provided by the insurer.
The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.
3. Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.
4. [The] Except as otherwise provided in this subsection, the total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum, the lump sum payment must be calculated for the remaining payment of compensation.
5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 4 of NRS 616.605 and actuarial annuity tables adopted by the department. The tables must be reviewed annually by a consulting actuary.
6. If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump sum payment.
Sec. 4. This act becomes effective at 12:01 a.m. on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 2004κ
Senate Bill No. 16Senators Horn, Beyer, Getto, Shaffer, Coffin, Neal, Hickey, Raggio, Vergiels, Rawson, Smith, Titus, Malone, Mello, ODonnell and Jacobsen
CHAPTER 837
AN ACT relating to historic preservation; providing for the election of the chairman of the advisory board for historic preservation and archeology; providing that the administrator of the division of historic preservation and archeology of the state department of conservation and natural resources is the secretary of the advisory board but may not vote; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 383.051 is hereby amended to read as follows:
383.051 1. The advisory board for historic preservation and archeology is hereby created.
2. The advisory board consists of:
(a) One member who is a historian.
(b) One member who is an archeologist qualified in prehistoric and historic archeology, or one member who is qualified in prehistoric archeology and one member who is qualified in historic archeology.
(c) One member who is an architect and who is qualified in architectural history, or one member who is an architect and one member who is an architectural historian.
(d) One member who is a representative of the general public.
(e) If four members have been appointed under paragraphs (a) to (d), inclusive, of this subsection, one member who is qualified under any of those paragraphs.
3. The governor shall appoint the members of the advisory board from a list submitted by the director. After the expiration of the initial terms, the term of each member is 4 years.
4. The advisory board shall annually elect one of its members to serve as chairman.
5. The administrator shall serve [as chairman] as the secretary of the advisory board, but may not vote . [except in the event of a tie.]
________
κ1989 Statutes of Nevada, Page 2005κ
Senate Bill No. 45Senator Beyer
CHAPTER 838
AN ACT relating to cosmetology; exempting certain persons engaging in the practice of cosmetology from licensing requirements; authorizing the maintenance of an aquarium on the premises of a cosmetological establishment; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 644.190 is hereby amended to read as follows:
644.190 1. It is unlawful for any person to conduct or operate a cosmetological establishment, school of cosmetology, facility for demonstrations or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced until licensed under the provisions of this chapter.
2. [It] Except as otherwise provided in subsection 4, it is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless he is licensed under the provisions of this chapter.
3. This chapter does not prohibit:
(a) Any student in any school of cosmetology, legally established under the provisions of this chapter, from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.
(b) An electrologists apprentice from participating in a course of practical training and study.
(c) The rendering of incidental cosmetological services by a person who is not licensed under the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.
4. A person employed to render cosmetological services in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing requirements of this chapter if he:
(a) Is licensed as a cosmetologist in another state;
(b) Entered into his contract of employment outside this state; and
(c) Renders cosmetological services only to persons who will appear in that motion picture, television program, commercial or advertisement.
Sec. 2. NRS 644.472 is hereby amended to read as follows:
644.472 [It] 1. Except as otherwise provided in subsection 2, it is unlawful for any animal to be on the premises of a licensed cosmetological establishment.
2. An aquarium may be maintained on the premises of a licensed cosmetological establishment.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2006κ
Senate Bill No. 59Committee on Commerce and Labor
CHAPTER 839
AN ACT relating to the legislature; clarifying that the title to property acquired for the legislature or its staff is not required to be held by the division of state lands of the state department of conservation and natural resources; clarifying the provisions governing the control by the legislature of the legislative building and grounds; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 321.001 is hereby amended to read as follows:
321.001 1. The division of state lands shall acquire and hold in the name of the State of Nevada all lands and interests in land owned or required by the state except:
(a) Lands or interests used or acquired for highway purposes;
(b) Lands or interests the title to which is vested in the board of regents of the University of Nevada; [or]
(c) Offices outside state buildings leased by the chief of the buildings and grounds division of the department of general services for the use of state officers and employees [,] ; or
(d) Lands or interests used or acquired for the legislature or its staff,
and shall administer all lands it holds which are not assigned for administration to another state agency.
2. If additional land or an interest in land is required for the use of any state agency except the department of transportation or the University of Nevada, the agency shall select a site approved by the state public works board, obtain an appraisal of the land to be acquired, and obtain the approval of the legislature if required by law. The division of state lands shall then obtain the land or interest by negotiation or if necessary by exercising the states power of eminent domain. Title must be taken in the name of the State of Nevada.
3. The division of state lands may acquire and hold land and interests in land required for any public purpose, including the production of public revenue. Title must be taken in the name of the State of Nevada.
Sec. 2. NRS 331.135 is hereby amended to read as follows:
331.335 1. The legislature reserves the supervision and control, both during and between legislative sessions, of:
(a) The entire legislative building, including its chambers, offices and other rooms, and its furnishings and equipment . [;]
(b) The entire parcel of land bounded on the west by Carson Street, on the south by Fifth Street, on the east by Fall Street, and on the north by the sidewalk along the south fence of the capitol grounds . [;]
(c) The entire parcel of land bounded on the west by Fall Street, on the south by Fifth Street, on the east by Stewart Street, and on the north by Fourth Street . [;]
(d) The entire parcel of land situated in Carson City, Nevada, described as:
κ1989 Statutes of Nevada, Page 2007 (CHAPTER 839, SB 59)κ
All of block 39 of Sears, Thompson and Sears subdivision of Carson City; and the west 30.00 feet of the abandoned right of way of Valley Street abutting block 39 of Sears, Thompson and Sears subdivision.
Excepting therefrom that portion of Stewart and Fifth Streets deeded to the State of Nevada through its department of transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.
(e) Any other property acquired for the use of the legislature or its staff.
2. The director of the legislative counsel bureau:
(a) Shall provide an individual office for each legislator whose position as an officer or as a chairman of a committee does not otherwise entitle him to occupy an assigned office.
(b) May assign the use of all space in the legislative building during the interim between sessions of the legislature, and establish and charge reasonable fees for any use by the public of the auditorium on the first floor.
3. The director of the legislative counsel bureau shall cause the legislative building, chambers and grounds to be kept in good repair, clean, orderly and presentable as befits public property and the dignity of the legislature. For this purpose he may, in addition to his general power to employ or contract for the services of personnel, contract with any private enterprise or governmental agency for the provision of appropriate services.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 85Committee on Human Resources and Facilities
CHAPTER 840
AN ACT relating to nursing; requiring the certification of nursing assistants; requiring certain training and qualifications for nursing assistants; providing for their regulation; requiring certain cooperation among state agencies which regulate facilities which employ nursing assistants; providing a penalty; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.
Sec. 2. Agency to provide nursing in the home has the meaning ascribed to it in NRS 449.0015.
Sec. 3. Basic nursing services means the performance of acts designated by the board which are within the practice of nursing under the direction of a registered nurse or a licensed practical nurse that do not require the substantial specialized skill, judgment and knowledge required of a registered nurse or licensed practical nurse.
Sec. 4. Certificate means a document which authorizes a person to practice as a nursing assistant.
κ1989 Statutes of Nevada, Page 2008 (CHAPTER 840, SB 85)κ
Sec. 5. Facility for long-term care means a facility for intermediate care, as defined in NRS 449.0038, or a facility for skilled nursing, as defined in NRS 449.0039.
Sec. 6. Medical facility has the meaning ascribed to it in NRS 449.0151.
Sec. 7. Nursing assistant means a person who, under the direction of a licensed nurse in a medical facility and for compensation, performs basic restorative services and basic nursing services which are directed at the safety, comfort, personal hygiene, basic mental health and protection of patients and the protection of patients rights.
Sec. 8. Nursing assistant trainee means a person who is:
1. Enrolled in a training program required for certification as a nursing assistant; or
2. Awaiting the results of a certification examination.
Sec. 8.3. The board may:
1. Accept gifts or grants of money to pay for the costs of administering the provisions of this chapter.
2. Enter into contracts with other public agencies and accept payment from those agencies to pay the expenses incurred by the board in carrying out the provisions of this chapter relating to nursing assistant trainees and nursing assistants.
Sec. 8.5. The board may adopt such regulations, not inconsistent with state or federal law, as may be necessary to carry out the provisions of this chapter relating to nursing assistant trainees and nursing assistants.
Sec. 9. 1. The advisory committee on nursing assistants, consisting of 10 members appointed by the board, is hereby created.
2. The board shall appoint to the advisory committee:
(a) One representative of facilities for long-term care;
(b) One representative of medical facilities which provide acute care;
(c) One representative of agencies to provide nursing in the home;
(d) One representative of the health division of the department of human resources;
(e) One representative of the welfare division of the department of human resources;
(f) One representative of the aging services division of the department of human resources;
(g) One representative of the American Association of Retired Persons or a similar organization;
(h) A nursing assistant;
(i) A registered nurse; and
(j) A licensed practical nurse.
3. The advisory committee shall advise the board with regard to matters relating to nursing assistants.
Sec. 10. 1. Any person, except a nursing assistant trainee, who for compensation practices or offers to practice as a nursing assistant in this state is required to submit evidence that he is qualified so to practice and must be certified as provided in this chapter.
2. It is unlawful for any person:
κ1989 Statutes of Nevada, Page 2009 (CHAPTER 840, SB 85)κ
(a) To practice or to offer to practice as a nursing assistant in this state or to use any title, abbreviation, sign, card or device to indicate that he is practicing as a nursing assistant in this state unless he has been certified pursuant to the provisions of this chapter.
(b) Who does not hold a certificate authorizing him to practice as a nursing assistant issued pursuant to the provisions of this chapter to perform or offer to perform basic nursing services in this state, unless the person is a nursing assistant trainee.
(c) To be employed as a nursing assistant trainee for more than 4 months unless he has successfully completed a training program and is awaiting the results of a certification examination.
Sec. 11. 1. An applicant for a certificate to practice as a nursing assistant must submit to the board written evidence under oath that he:
(a) Is of good moral character;
(b) Is in good physical and mental health;
(c) Is at least 16 years of age; and
(d) Meets such other reasonable requirements as the board prescribes.
2. An applicant may be certified by examination if he:
(a) Submits a completed written application and the fee required by this chapter;
(b) Completes a training program approved by the board and supplies a certificate of completion from the program;
(c) Passes the certification examination approved by the board; and
(d) Has not committed any acts which would be grounds for disciplinary action if committed by a nursing assistant, unless the board determines that sufficient restitution has been made or the act was not substantially related to nursing.
3. An applicant who is licensed or certified as a nursing assistant in another state may be certified by endorsement if he:
(a) Submits a completed written application and the fee required by this chapter;
(b) Submits proof of successful completion of a training program approved by the appropriate agency of another state;
(c) Has passed a certification examination approved by the board to be equivalent to the examination required in this state;
(d) Has not committed any acts which would be grounds for disciplinary action if committed by a nursing assistant, unless the board determines that sufficient restitution has been made or the act was not substantially related to nursing; and
(e) Submits documentation of employment as a nursing assistant for the 2 years preceding the date of the application.
4. The board shall issue a certificate to practice as a nursing assistant to each applicant who meets the requirements of this section.
Sec. 12. 1. The training program required for certification as a nursing assistant must consist of 75 hours of instruction. The program must include no less than 60 hours of theory and learning skills in a laboratory setting. The program must be completed within 3 months after the nursing assistant trainee begins employment.
κ1989 Statutes of Nevada, Page 2010 (CHAPTER 840, SB 85)κ
2. Except as otherwise provided in this subsection, the instructor of the program must be a registered nurse with:
(a) Three years of nursing experience which includes direct care of patients and supervision and education of members of the staff; and
(b) Proof of successful completion of training for instructors which has been approved by the board.
The board may approve a licensed practical nurse as an instructor if the board determines that requiring instruction by a registered nurse would create a hardship.
3. Upon completion of the program, a nursing assistant trainee must pass a test in theory with an overall score of 80 percent and a test of skills on a pass or fail basis. The test of skills must be given by a registered nurse. If the nursing assistant trainee fails either of the tests, he must repeat the training in the areas in which he was deficient before taking the certification examination.
4. In a program which is based in a facility, a nursing assistant trainee may only perform those tasks he has successfully completed in the training program, and must perform those tasks under the direct supervision of a registered nurse or a licensed practical nurse.
5. The board shall adopt regulations not inconsistent with law:
(a) Specifying the scope of the training program and the required components of the program;
(b) Establishing standards for the approval of programs and instructors; and
(c) Designating the basic nursing services which a nursing assistant may provide upon certification.
6. Any medical facility, educational institution or other organization may provide a training program if the program meets the requirements set forth in this chapter and in the regulations of the board, and is approved by the board. Such a program must be administered through:
(a) The University of Nevada System;
(b) A program for occupational education approved by the state board for occupational education;
(c) A public school in this state; or
(d) Any other nationally recognized body or agency authorized by law to accredit or approve such programs.
Sec. 13. 1. The board shall authorize the administration of the examination of applicants for certification as nursing assistants.
2. The board may employ, contract with or cooperate with any person in the preparation, administration and grading of a uniform national examination, but shall retain sole discretion and responsibility for determining the standards of successful completion of the examination.
3. The board shall determine whether an examination may be repeated and the frequency of authorized re-examinations.
4. If an applicant fails the examination twice, he must repeat the training program prescribed in section 12 of this act.
Sec. 14. 1. The board may certify a nursing assistant to perform designated acts in medical facilities which provide acute care in addition to basic nursing services if the nursing assistant:
κ1989 Statutes of Nevada, Page 2011 (CHAPTER 840, SB 85)κ
(a) Has 1,500 hours of experience;
(b) Has completed an additional training program approved by the board; and
(c) Performs only those acts which are approved by the board and included in the policies and procedures of the facility in which the nursing assistant is working.
2. The board shall adopt regulations:
(a) Specifying the training necessary for certification to perform additional acts pursuant to this section;
(b) Delineating the authorized scope of practice for nursing assistants who are certified pursuant to this section; and
(c) Establishing the procedure for application for certification pursuant to this section.
Sec. 15. 1. The certificate of a nursing assistant must be renewed biennially on the date of the certificate holders birthday.
2. The board shall renew a certificate if the applicant:
(a) Submits a completed written application and the fee required by this chapter;
(b) Submits documentation of completion of continuing training, as required by the board, in the previous 24 months in the type of facility in which he works;
(c) Has not committed any acts which are grounds for disciplinary action, unless the board determines that sufficient restitution has been made or the act was not substantially related to nursing; and
(d) Submits documentation of employment as a nursing assistant during the 2 years immediately preceding the date of the renewal.
The training program completed pursuant to paragraph (b) must be approved by the board.
3. Failure to renew the certificate results in forfeiture of the right to practice unless the nursing assistant qualifies for the issuance of a new certificate.
4. Renewal of a certificate becomes effective on the date on which the application is filed or the date on which the renewal fee is paid, whichever is the later.
Sec. 16. A suspended certificate is subject to expiration and must be renewed as provided in section 15 of this act. Renewal does not entitle the nursing assistant to engage in activity which requires certification until the completion of the suspension.
Sec. 17. The board may deny, revoke or suspend any certificate to practice as a nursing assistant applied for or issued pursuant to this chapter, or otherwise discipline a holder of a certificate upon proof that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a certificate to practice as a nursing assistant.
2. Has been convicted of a felony or any offense substantially related to the qualifications, functions and duties of a nursing assistant.
3. Is unfit or incompetent by reason of gross negligence or a pattern of unsafe conduct in carrying out usual nursing functions.
4. Uses any controlled substance, dangerous drug, as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his ability to conduct the practice authorized by his certificate.
κ1989 Statutes of Nevada, Page 2012 (CHAPTER 840, SB 85)κ
dangerous or injurious to any other person or which impairs his ability to conduct the practice authorized by his certificate.
5. Is mentally incompetent.
6. Is guilty of unprofessional conduct, which includes but is not limited to the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS.
(b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.
(c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a certificate.
(d) Impersonating or representing himself as another nursing assistant, a licensed practical nurse, a registered nurse or a physician.
(e) Permitting or allowing another person to use his certificate for the purpose of practicing as a nursing assistant.
(f) Repeated negligence in performing the duties of a nursing assistant, which may be evidenced by claims settled against him.
(g) Conviction for the use or unlawful possession of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.
(h) Physical, verbal or psychological abuse of a patient.
7. Has willfully or repeatedly violated the provisions of this chapter.
8. Is guilty of aiding or abetting anyone in a violation of this chapter.
9. Has been disciplined in another state in connection with a certificate to practice as a nursing assistant or has committed acts in another state which would constitute a violation of this chapter.
10. Has acted in a fraudulent or deceitful manner in the course of his practice.
For the purposes of this section, a plea or verdict of guilty or a plea of nolo contendere constitutes a conviction of an offense. The board may take disciplinary action pending the appeal of a conviction and regardless of any order entered pursuant to NRS 176.225 dismissing an indictment or information.
Sec. 18. 1. The following persons shall report to the board any conduct by a nursing assistant which constitutes grounds for the denial, suspension or revocation of a certificate:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatrist, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state.
(b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.
(c) A coroner.
(d) Every clergyman, unless he acquired the knowledge of the conduct from the offender during a confession, or a social worker.
κ1989 Statutes of Nevada, Page 2013 (CHAPTER 840, SB 85)κ
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of the conduct from a client who has been or may be accused of the conduct.
(g) Any employee of the welfare or aging services division of the department of human resources.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
2. Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.
3. A report may be filed by any other person.
Sec. 18.5. A medical facility shall, before hiring a nursing assistant or nursing assistant trainee, obtain validation from the board that the prospective employee has a current certificate, is enrolled in a training program required for certification or is awaiting the results of a certification examination.
Sec. 19. The board may delegate its authority to conduct hearings pursuant to NRS 632.350 concerning the discipline of a holder of a certificate to a hearing officer. The hearing officer has the powers of the board in connection with the hearings, and shall report back to the board with findings of fact and conclusions of law within 30 days after the final hearing on the matter. The board may take action based upon the report of the hearing officer, refer the matter back to the hearing officer for further hearings, or conduct its own hearings on the matter.
Sec. 20. 1. The board shall supply the health division of the department of human resources upon request with a list of each training program approved by the board.
2. The board shall share with each state agency which regulates medical facilities and facilities for the dependent any information the board receives concerning disciplinary action taken against nursing assistants who work in the facilities.
Sec. 21. NRS 632.010 is hereby amended to read as follows:
632.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 632.011 to 632.019, inclusive, and sections 2 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.
κ1989 Statutes of Nevada, Page 2014 (CHAPTER 840, SB 85)κ
Sec. 22. NRS 632.100 is hereby amended to read as follows:
632.100 1. The board shall make and keep a full and complete record of all its proceedings, including a file of all applications for licenses and certificates under this chapter, together with the action of the board upon each application, and including a register of all nurses licensed [to practice nursing] and all nursing assistants certified in this state.
2. The board shall maintain in its main office a public docket or other record in which it shall record, from time to time as made, the rulings or decisions upon all complaints filed with it, and all investigations instituted by it in the first instance, upon or in connection with which any hearing has been had, or in which the licensee or holder of a certificate charged has made no defense.
3. At least semiannually, the board shall publish a list of the names and addresses of persons licensed or certified by it under the provisions of this chapter, and of all applicants , [and] licensees and holders of certificates whose licenses or certificates have been refused, suspended or revoked within 1 year, together with such other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public.
Sec. 23. NRS 632.125 is hereby amended to read as follows:
632.125 Each hospital or agency in the state employing professional or practical nurses or nursing assistants shall submit a list of such nursing personnel to the board at least three times annually as directed by the board.
Sec. 24. NRS 632.250 is hereby amended to read as follows:
632.250 None of the provisions of NRS 632.130 to 632.240, inclusive, and sections 2 to 20, inclusive, of this act shall be construed as prohibiting:
1. The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him to accompany or care for a patient temporarily residing in this state during the period of one such engagement not to exceed 6 months in length, provided such person does not represent or hold himself out as a nurse licensed to practice in this state.
2. The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division or agency thereof, while in the discharge of his official duties in this state.
3. Gratuitous nursing by friends or by members of the family of the patient.
4. Nursing assistance in the case of an emergency.
5. The practice of nursing by students enrolled in accredited schools of professional nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following such graduation.
6. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers if they do not practice nursing within the meaning of this chapter.
7. Nonmedical nursing for the care of the sick, with or without compensation, when done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, so long as such nursing does not amount to the practice of professional nursing as defined in NRS 632.010.
κ1989 Statutes of Nevada, Page 2015 (CHAPTER 840, SB 85)κ
Sec. 25. NRS 632.345 is hereby amended to read as follows:
632.345 1. The board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:
Not less Not more
than than
Application for license to practice professional nursing (registered nurse).......................................................................... $45 $100
Application for license as a practical nurse.................. 30 90
Application for temporary license to practice professional nursing (registered nurse) which fee must be credited toward the fee required for a regular license, if the applicant applies for a license......................................................................... 15 50
Application for temporary license as a practical nurse, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license............................... 10 45
Application for a certificate as a nursing assistant... 5 15
Biennial fee for renewal of a license.............................. 15 50
Biennial fee for renewal of a certificate....................... 10 20
Fee for reinstatement of a license................................... 10 100
Application for recognition as an advanced practitioner of nursing ..................................................................................... 30 100
Biennial fee for renewal of recognition......................... 15 50
Examination fee for registered nurses license............. 20 100
Examination fee for practical nurses license.............. 10 90
Rewriting examination for registered nurses license.. 20 100
Rewriting examination for practical nurses license.... 10 90
Duplicate license................................................................ 5 30
Duplicate certificate......................................................... 3 5
Proctoring examination for candidate from another state 25..................................................................................... 150
Fee for approving one continuing education course... 10 50
Fee for reviewing one continuing education course which has been changed since approval.......................................... 5 30
Annual fee for approval of all continuing education courses offered ..................................................................................... 100 500
Annual fee for review of training program.................. 25 60
Certification examination............................................... 10 90
Approval of instructors of training programs............. 20 50
Approval of proctors for certification examinations. 20 50
Approval of training programs...................................... 50 150
Validation of licensure or certification........................ 5 25
κ1989 Statutes of Nevada, Page 2016 (CHAPTER 840, SB 85)κ
2. The board may collect the fees and charges established pursuant to this section, and those fees or charges may not be refunded.
Sec. 26. NRS 632.350 is hereby amended to read as follows:
632.350 1. Before suspending or revoking any license or certificate the board shall notify the licensee or holder of the certificate in writing of the charges against him, accompanying the notice with a copy of the complaint, if any is filed.
2. Written notice may be served by delivery of it personally to the licensee [,] or holder of the certificate, or by mailing it by registered or certified mail to [the] his last known residence address . [of the licensee.]
3. If the licensee or holder of the certificate desires, the board shall:
(a) Grant a hearing upon the charges, which hearing must be held not less than 10 days after prior notice in writing to the licensee or holder of the certificate nor more than 30 days after the filing of any complaint; and
(b) Furnish the licensee [,] or holder of the certificate, at the time of giving the notice, copies of any communications, reports and affidavits in possession of the board, touching upon or relating to the matter in question.
4. The hearing on the charges may be held by the board, or a majority thereof, at such time and place as the board prescribes. The hearing must be held, if the licensee or the holder of the certificate desires, within the county where he resides.
Sec. 27. NRS 632.400 is hereby amended to read as follows:
632.400 1. The board shall render a decision on any complaint within 60 days [from] after the final hearing thereon. For the purposes of this subsection, the final hearing on a matter delegated to a hearing officer pursuant to section 19 of this act is the final hearing conducted by the hearing officer unless the board conducts a hearing with regard to the complaint.
2. The board shall give immediate notice in writing of the ruling or decision to:
(a) The applicant , [or] licensee or holder of the certificate affected thereby.
(b) The party or parties by whom the complaint was made where the investigation or hearing was instituted by a complaint.
Written notice [shall] must be given by registered or certified mail addressed to the last known address of the applicant [or licensee,] , licensee or holder of the certificate and party by whom the complain was made.
3. If the ruling [shall be] is to the prejudice of, or [shall injuriously affect, the licensee,] injuriously affects, the licensee or holder of the certificate, the board shall also state in the notice the date upon which the ruling or the decision [shall become] becomes effective, which date [shall] must not be less than 30 days from and after the date of the notice.
4. The decision of the board [shall] does not take effect until 30 days after its date, and if notice of appeal and a demand for the transcript are served upon the board in accordance with the provisions of this chapter, then [such stay shall remain] the stay remains in force and effect until the decision of the district court after hearing the appeal. If the aggrieved party [shall fail] fails to perfect his appeal, the stay [shall automatically terminate.] automatically terminates.
κ1989 Statutes of Nevada, Page 2017 (CHAPTER 840, SB 85)κ
Sec. 28. NRS 632.420 is hereby amended to read as follows:
632.420 The decision of the board in refusing to grant a license [,] or certificate, or in suspending or revoking any license of a professional nurse or a practical nurse [, shall be] or certificate of a nursing assistant, is subject to review in accordance with the provisions of NRS 34.010 to 34.140, inclusive.
Sec. 29. NRS 632.475 is hereby amended to read as follows:
632.475 1. An employer shall not require a registered nurse, a licensed [vocational] practical nurse , a nursing assistant or any other person employed to furnish direct personal health service to a patient to participate directly in the induction or performance of an abortion if [such] the employee has filed a written statement with the employer indicating a moral, ethical or religious basis for refusal to participate in the abortion.
2. If the statement provided for in subsection 1 [of this section] is filed with the employer, the employer shall not penalize or discipline [such] the employee for declining to participate directly in the induction or performance of an abortion.
3. The provisions of subsections 1 and 2 [of this section] do not apply to medical emergency situations.
4. Any person violating the provisions of this section is guilty of a misdemeanor.
Sec. 30. NRS 632.480 is hereby amended to read as follows:
632.480 Whenever the board believes from evidence satisfactory to it that any person has violated or is about to violate any of the provisions of this chapter, or any order, license, certificate, permit, decision, demand or requirement, or any part or provision thereof, it may bring an action, in the name of the board, in the district court in and for the county [wherein such] in which the person resides, against [such] the person to enjoin [that person] him from continuing the violation or engaging therein or doing any act or acts in furtherance thereof. In the action an order or judgment may be entered awarding such preliminary or final injunction as may be proper, but no preliminary injunction or temporary restraining order [shall] may be granted without at least 5 days notice to the opposite party.
Sec. 31. NRS 632.500 is hereby amended to read as follows:
632.500 1. Any person violating any of the provisions of this chapter [shall be] is guilty of a misdemeanor.
2. A court of competent jurisdiction [shall have] has full power to try any violations of this chapter, and upon conviction may, at its discretion, revoke the license or certificate of the person so convicted, in addition to imposing the other penalties [herein provided.] provided in this chapter.
Sec. 32. (Deleted by amendment.)
Sec. 33. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The health division may review the personnel files of a medical facility or facility for the dependent to determine that each nursing assistant employed by the facility has a current certificate.
2. The health division shall review the qualifications of instructors of nursing assistants for each program of which the division is notified pursuant to section 20 of this act.
κ1989 Statutes of Nevada, Page 2018 (CHAPTER 840, SB 85)κ
3. The health division may conduct the review of training programs for nursing assistants in facilities for long-term care.
4. The health division and any other state agency which regulates medical facilities and facilities for the dependent shall provide to the state board of nursing any information it discovers concerning:
(a) Programs and instructors for training nursing assistants which do not comply with the requirements established by the state board of nursing.
(b) The failure of a nursing assistant to perform consistently at a safe level.
(c) The results of any investigation of a facility if the investigation concerns a nursing assistant or instructor or training program for nursing assistants.
5. The state board of nursing shall investigate any report submitted pursuant to subsection 4 and may revoke approval of a program or instructor if the allegations of the report are true.
Sec. 34. 1. A person who is working as a nursing assistant on the effective date of this act is entitled to continue working as a nursing assistant if he:
(a) Has successfully completed a training program approved in another state;
(b) Has been employed for at least 1 continuous year before the effective date of this act as a nursing assistant at a medical facility;
(c) Has been employed as a nursing assistant for 2 or more years in the 5 years preceding the effective date of this act as a nursing assistant at one or more medical facilities;
(d) Has completed a course in nursing fundamentals in an accredited program of nursing education;
(e) Has completed a training program for nursing assistants which has been approved by the board; or
(f) Submits documentation on a form provided by the board and signed by his employer that he has adequate knowledge and skill to provide safe care while performing basic restorative and nursing services which are directed at the safety, comfort, personal hygiene, basic mental health and protection of patients and the protection of patients rights.
2. A person who is entitled to work as a nursing assistant pursuant to subsection 1 must submit an application for certification to the state board of nursing on or before March 1, 1990, with documentation of compliance with the appropriate requirement for certification and the fee for an application. If a person does not submit an application before March 1, 1990, he is not entitled to continue to work as a nursing assistant after that date.
3. The state board of nursing shall adopt standards for training programs, instructors and certification examinations for nursing assistants as soon as possible after the effective date of this act. A person who is certified pursuant to this section must pass the examination within 6 months after the effective date of the regulations. A person who fails the test may retake the test one time within the 6-month period. A person who fails the test twice or does not pass the test within the 6-month period forfeits his certification on the date of the second test or the end of the 6-month period, whichever occurs first.
4. A certificate issued pursuant to this section must be renewed in the same manner and is subject to the same requirements as a certificate issued pursuant to section 11 of this act.
κ1989 Statutes of Nevada, Page 2019 (CHAPTER 840, SB 85)κ
5. As used in this section, medical facility has the meanings ascribed to it in NRS 449.0151.
Sec. 35. 1. Section 10 of this act becomes effective on January 1, 1990.
2. The remaining sections of this act become effective upon passage and approval.
________
Senate Bill No. 130Committee on Natural Resources
CHAPTER 841
AN ACT relating to wildlife; authorizing the department of wildlife to prevent and mitigate damage and compensate for certain losses caused by elk or game animals not native to this state; making an appropriation; and providing other matters properly relating thereto.
[Approved July 5, 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 [.] other than an elk tag. A fee of $10 must be charged for processing an application for an elk tag, $5 of which must be deposited with the state treasurer for credit to the wildlife account in the state general fund and used for the prevention and mitigation of damage caused by elk or game animals not native to this state.
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. Chapter 504 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.
κ1989 Statutes of Nevada, Page 2020 (CHAPTER 841, SB 130)κ
Sec. 3. All gifts, grants, fees and appropriations of money received by the department for the prevention and mitigation of damage caused by elk or game animals not native to this state, and the interest and income earned on the money, less any applicable charges, must be accounted for separately within the wildlife account and may only be disbursed as provided in the regulations adopted pursuant to section 4 of this act.
Sec. 4. 1. The commission shall adopt regulations governing the disbursement of money to:
(a) Prevent or mitigate damage to private property and privately maintained improvements; and
(b) Compensate persons for grazing reductions and the loss of stored and standing crops,
caused by elk or game animals not native to this state.
2. The regulations must contain:
(a) Requirements for the eligibility of those persons claiming damage to private property or privately maintained improvements to receive money or materials from the department, including a requirement that such a person enter into a cooperative agreement with the director for purposes related to this Title.
(b) Procedures for the formation of local panels to assess damage caused by elk or game animals not native to this state and to determine the value of a loss claimed if the person claiming the loss and the department do not agree on the value of the loss.
(c) Procedures for the use on private property of materials purchased by the state to prevent damage caused by elk or game animals not native to this state.
(d) Any other regulations necessary to carry out the provisions of sections 3, 4 and 5 of this act.
3. Money may not be disbursed to a claimant pursuant to this section unless the claimant shows by a preponderance of the evidence that the damage for which he is seeking compensation was caused solely by elk or game animals not native to this state.
Sec. 5. The director shall, on or before the fifth calendar day of each regular session of the legislature, submit to the legislature a report summarizing the actions taken by the department to prevent or mitigate damage caused by elk or game animals not native to this state. The report must include a list of the expenditures made pursuant to sections 3, 4 and 5 of this act during the preceding biennium and a determination of the amount of money remaining for those purposes.
Sec. 5.5. Section 2 of Assembly Bill No. 825 of this session is hereby amended to read as follows:
Sec. 2. This act becomes effective on June 30, 1989.
Sec. 6. 1. There is hereby appropriated from the state general fund to the department of wildlife for the prevention and mitigation of damage and compensation for losses caused by elk or game animals not native to this state:
For the fiscal year 1989-90........................................................................... $25,000
For the fiscal year 1990-91........................................................................... $25,000
κ1989 Statutes of Nevada, Page 2021 (CHAPTER 841, SB 130)κ
2. The director of the department of wildlife shall not expend or allocate to another agency for expenditure, money from the appropriations made by subsection 1 unless at least an equal amount of money from the wildlife account created pursuant to NRS 501.356 is committed for expenditure for the same purpose.
Sec. 7. 1. Except as otherwise provided in subsection 2, any balance of the sums appropriated by section 6 of this act remaining at the end of the respective fiscal years must be carried forward to the next fiscal year for use only pursuant to sections 3, 4 and 5 of this act.
2. If matching money from the wildlife account is not committed for expenditure pursuant to subsection 2 of section 6 of this act for the total amounts appropriated, any remaining balance of the appropriations made by section 6 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. 8. 1. This section and section 5.5 of this act become effective on June 30, 1989.
2. Sections 1 to 5, inclusive, 6 and 7 of this act become effective on July 1, 1989.
3. This act expires by limitation on July 1, 1991, if matching money from the wildlife account is not committed for expenditure pursuant to subsection 2 of section 6 of this act before that date.
________
Senate Bill No. 229Committee on Finance
CHAPTER 842
AN ACT relating to pensions for judicial service; increasing the amount of benefits for the surviving spouse of a justice of the supreme court or district judge; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.070 is hereby amended to read as follows:
2.070 1. If a justice of the supreme court at the time of his death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, the surviving spouse, if the spouse had attained the age of 60 years, is entitled, until his death or remarriage, to receive payments of [$1,150] $1,300 per month.
2. If a surviving spouse of a justice is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive [such] those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees retirement system.
κ1989 Statutes of Nevada, Page 2022 (CHAPTER 842, SB 229)κ
equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees retirement system.
3. To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
4. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to justices of the supreme court.
Sec. 2. NRS 3.095 is hereby amended to read as follows:
3.095 1. If a district judge at the time of his death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive payments of [$1,150] $1,300 per month.
2. If a surviving spouse of a judge is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive [such] those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees retirement system.
3. To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
4. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to district judges.
Sec. 3. Any surviving spouse of a former judge or justice who, on July 1, 1989, is receiving a benefit pursuant to NRS 2.070 or 3.095 is automatically entitled to receive the increased payments provided in this act beginning on that date.
Sec. 4. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 2023κ
Senate Bill No. 252Senators Mello, Rhoads, Raggio, Vergiels, Jacobsen, Hickey and Townsend
CHAPTER 843
AN ACT relating to automobile repair; allowing for the collection of annual fees for licensure of body shops and salvage pools; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 487.070 is hereby amended to read as follows:
487.070 1. The department may approve or reject the application and, if approved, shall issue to the applicant:
[1.] (a) A license containing the applicants name, address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
[2.] (b) A card which:
[(a)] (1) Contains the information specified in [subsection 1;
(b)] paragraph (a);
(2) Includes a picture of the licensee; and
[(c)] (3) Clearly identifies the holder of the card as a licensed automobile wrecker.
2. A licensee may obtain one or two cards for his business. The department shall charge a fee of $50 for each card issued. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops.
3. A license expires on December 31 of the year for which it is issued.
4. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in NRS 487.080.
Sec. 2. NRS 487.080 is hereby amended to read as follows:
487.080 1. The fee for issuance or renewal of an automobile wreckers license is $300 . [annually.]
2. Fees collected must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops.
Sec. 3. NRS 487.430 is hereby amended to read as follows:
487.430 1. The department may approve or reject the application and, if approved, shall issue to the applicant a license containing the applicants name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
2. A license expires on December 31 of the year for which it was issued.
3. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in NRS 487.450.
κ1989 Statutes of Nevada, Page 2024 (CHAPTER 843, SB 252)κ
Sec. 4. NRS 487.450 is hereby amended to read as follows:
487.450 1. The department shall charge and collect a fee of $300 for the issuance or renewal of a license to operate a salvage pool.
2. Fees collected by the department pursuant to this section must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops, which is hereby created as a special revenue fund. Money in the fund may be used only for the administration of NRS 487.050 to 487.200, inclusive, and NRS 487.400 to 487.680, inclusive.
Sec. 5. NRS 487.630 is hereby amended to read as follows:
487.630 1. An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must be accompanied by [:
(a) Such] such proof as the department may require to evidence that the applicant meets the statutory requirements to become an operator of a body shop.
[(b) A]
2. The department shall charge a fee of $300 [.] for the issuance or renewal of a license to operate a body shop. Fees collected by the department pursuant to this [paragraph] subsection must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops.
[2.] 3. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.
4. A license expires on December 31 of the year for which it is issued.
5. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in subsection 2.
Sec. 6. Section 2 of Assembly Bill No. 400 of this session is hereby amended to read as follows:
Sec. 2. NRS 487.630 is hereby amended to read as follows:
487.630 1. An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must be accompanied by such proof as the department may require to evidence that the applicant meets the statutory requirements to become an operator of a body shop.
2. The department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops.
3. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.
κ1989 Statutes of Nevada, Page 2025 (CHAPTER 843, SB 252)κ
4. Upon receipt of the license, the operator shall display the license number prominently in the body shop and include the license number on all estimates and invoices for repairs.
5. A license expires on December 31 of the year for which it is issued.
[5.] 6. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in subsection 2.
Sec. 7. This act becomes effective upon passage and approval and applies retroactively to the renewal of all licenses in effect on December 31, 1988.
________
Senate Bill No. 255Senator Joerg
CHAPTER 844
AN ACT relating to airports; creating the Airport Authority of Carson City; making legislative findings; defining certain words and terms; providing for the appointment, number, terms, compensation, duties and powers of a board of trustees; specifying the powers of the authority, including the power, subject to the approval of the board of supervisors, to set the rate for a tax ad valorem, borrow money and issue securities to evidence such borrowing; requiring the transfer of airport properties, functions and outstanding obligations of Carson City to the Authority; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. As used in this act, unless the context otherwise requires:
1. Airport means any airport or heliport and related facilities and equipment.
2. Authority means the Airport Authority of Carson City.
3. Board means the board of trustees of the authority.
4. Board of supervisors means the board of supervisors of Carson City.
Sec. 2. 1. The Airport Authority of Carson City is hereby created.
2. The property and revenues of the authority, or any interest therein, are exempt from all state and local taxation.
Sec. 3. The legislature finds that:
1. The Airport Authority of Carson City is a body corporate and politic, the geographical boundaries of which are the boundaries of Carson City.
2. The provisions of this act must be broadly construed to accomplish its purposes.
Sec. 4. 1. The authority is governed by the board, which is composed of seven members appointed by the board of supervisors.
2. The board of supervisors shall appoint:
κ1989 Statutes of Nevada, Page 2026 (CHAPTER 844, SB 255)κ
(a) Three members who represent the general public, but not including any person described in paragraph (b) or (c). At least one of these members must be a city official selected by the board of supervisors and one must be a pilot who, at the time of his appointment, owns and operates an aircraft based at the airport.
(b) Two members who are manufacturers in the Carson City industrial airpark, but not including any person described in paragraph (c).
(c) Two members who are fixed based operators at the airport.
3. After the initial terms, the term of office of each member of the board is 4 years. A former member is eligible for reappointment to the board 4 years after the expiration of his prior term.
Sec. 5. 1. Each member of the board shall file with the clerk of Carson City his oath of office.
2. The members of the board serve without compensation, but any member may be reimbursed for expenses actually incurred by him for travel authorized by the board.
Sec. 6. 1. The board shall elect a chairman, vice chairman, secretary and treasurer from its members. The secretary and the treasurer may be one person. The terms of the officers expire on July 1 of each odd-numbered year.
2. The secretary shall keep a record of all of the proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the board. The records must be open to the inspection of all interested persons, at a reasonable time and place.
3. The treasurer shall keep an accurate account of all money received by and disbursed on behalf of the board and the authority. He shall file with the clerk of Carson City, at the expense of the authority, a fidelity bond in an amount not less than $10,000, conditioned for the faithful performance of his duties.
Sec. 7. 1. The board shall meet regularly at a time and in a place designated by the board. Special meetings in an emergency may be held after notice to each member.
2. A majority of the members constitute a quorum at any meeting.
3. The board shall adopt a seal.
Sec. 8. The board shall comply with the provisions of the Nevada Ethics in Government Law, NRS 241.020, the Local Government Purchasing Act and the Local Government Budget Act.
Sec. 9. The board may:
1. Acquire real and personal property by gift or devise for the purposes provided in this act.
2. With the approval of the board of supervisors:
(a) Acquire real and personal property by purchase or lease for the purposes provided in this act.
(b) Lease, sell or otherwise dispose of any property.
3. Recommend to the board of supervisors any changes in the laws governing zoning necessary to comply with the regulations of the Federal Aviation Administration or to limit the uses of the area near the airport to those least affected by the noise.
4. Use, in the performance of its functions, the officers, employees, facilities and equipment of Carson City, with the consent of Carson City and subject to such terms and conditions as may be agreed upon by the board and the board of supervisors.
κ1989 Statutes of Nevada, Page 2027 (CHAPTER 844, SB 255)κ
subject to such terms and conditions as may be agreed upon by the board and the board of supervisors.
5. Provide emergency services for the authority.
6. Contract with any person, including any person who transports passengers or cargo by air, to provide goods and services as necessary or desirable to the operation of the airport. Any contract between the board and a fixed base operator must be submitted for approval by the board of supervisors.
7. Employ a manager of the airport, fiscal advisers, engineers, attorneys and other personnel necessary to the discharge of its duties.
8. Apply to any public or private source for loans, grants, guarantees or other financial assistance.
9. Establish fees, rates and other charges for the use of the airport.
10. Regulate vehicular traffic at the airport.
11. Adopt, enforce, amend and repeal any rules and regulations necessary for the administration and use of the airport.
12. Take such other action as is necessary to comply with any statute or regulation of this state or of the Federal Government.
Sec. 9.5. The board shall not, without the approval of the board of supervisors, change the boundaries of the airport or the location of any runway or taxiway.
Sec. 10. In addition to the other means for providing revenue for the authority, all taxable property in Carson City is subject to the levy of a tax ad valorem.
Sec. 11. 1. The board shall determine annually the amount of money necessary to be raised by taxation, after considering other sources of revenue, and shall, subject to the approval of the board of supervisors, fix a rate that, when levied upon every dollar of assessed valuation of taxable property in Carson City, and together with other revenues, will raise the amount necessary to operate the authority, and to pay, when due, all interest on and principal of the general obligation bonds and other general obligations, including deficiencies and defaults of prior years. In the event of accruing deficiencies or defaults, an additional tax may be levied as provided in subsection 3.
2. The board shall certify to the board of supervisors, at the same time as fixed by law for certifying other tax levies, the rate it fixes. If the board of supervisors approves the rate, it shall levy and collect the tax upon the assessed valuation of all taxable property in Carson City, in the same manner, at the same time and in addition to other taxes levied by the board of supervisors.
3. If the money produced from these levies, together with other revenues of the authority, are not sufficient to pay punctually the annual installments of the general obligations of the authority, the board shall fix, with the approval of the board of supervisors, another rate that will provide the necessary amount. Notwithstanding any limitations, the board of supervisors shall levy a tax at that rate until the general obligation indebtedness of the authority is fully paid.
Sec. 12. 1. Any officer charged with the duty of collecting taxes shall collect the taxes levied pursuant to this act at the same time and in the same manner, and with like interest and penalties, as other taxes are collected.
κ1989 Statutes of Nevada, Page 2028 (CHAPTER 844, SB 255)κ
When the tax is collected, he shall pay it to the same body, which shall pay it to the treasurer of the board each month for deposit.
2. The tax levies pursuant to this act, with any interest or penalties, and the cost of collecting the unpaid tax, penalty or interest, are a lien on the property until they are paid. The lien must be executed, and has the same priority, as a lien for general taxes.
Sec. 13. The authority may, pursuant to the Local Government Securities Law and with the approval of the board of supervisors, borrow money and issue the following securities:
1. Short-term notes, warrants and interim debentures.
2. General obligation bonds.
3. Revenue bonds.
Sec. 14. (Deleted by amendment.)
Sec. 15. 1. Subject to the approval of the board of supervisors and the provisions of NRS 350.001 to 350.006, inclusive, whenever the board determines, by resolution, that the public interest or necessity requires the issuance of general obligation bonds to purchase, construct, acquire, maintain, improve or equip an airport, the board shall submit the proposition to the voters at an election held pursuant to NRS 350.020 to 350.070, inclusive.
2. Any such election may be held separately, or may be consolidated or held concurrently with any other election.
3. The declaration of public interest or necessity required by this section and the provision for holding the election may be included in one resolution which, in addition to the declaration of public interest or necessity, must:
(a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, the maximum amount of principal of the indebtedness, and the maximum rate of interest to be paid.
(b) Fix the date upon which the election will be held and the method of voting for or against the proposed indebtedness.
(c) Fix the compensation to be paid the officers of the election, designate the polling place and appoint, for each polling place from the registered voters of Carson City, three officers of the election, one of whom shall act as clerk.
Sec. 16. 1. The election board shall conduct the election in the manner prescribed by law for the holding of general elections, and shall make its returns to the secretary of the board.
2. The board of supervisors shall, within 5 days after the election, canvass the returns and declare the results of the election.
Sec. 17. 1. If the proposition is approved, the board may issue and sell bonds of the authority for the purpose recited in the proposition and in the resolution in the amount so provided and at a rate of interest not exceeding the rate of interest recited in the resolution.
2. Submission of the proposition to incur bonded indebtedness at an election does not prevent or prohibit submission of the proposition at any subsequent election called for that purpose.
Sec. 18. 1. The board may, with the affirmative vote of at least five trustees and the approval of the board of supervisors, borrow money without an election, if it is in anticipation of the collection of revenue, and may issue warrants and interim debentures to evidence the loan.
κ1989 Statutes of Nevada, Page 2029 (CHAPTER 844, SB 255)κ
an election, if it is in anticipation of the collection of revenue, and may issue warrants and interim debentures to evidence the loan.
2. The authority may, with the approval of the board of supervisors, issue bonds without the necessity of holding an election to acquire or improve an airport. The bonds must be made payable solely out of the net revenues derived from the operation of the airport or the furnishing of services at the airport. A single bond issue may be had for more than one airport or service, and the revenues from any airport or service provided by the authority may be pledged to pay for any other airport or service. A single utility fund for any number of airports and services may be established and maintained.
Sec. 19. 1. The board may, with the approval of the board of supervisors, issue the following types of securities pursuant to the Local Government Securities Law, subject to the limitations in subsections 3, 4 and 5:
(a) General obligation bonds and other general obligation securities payable from general ad valorem property taxes;
(b) General obligation bonds and other general obligation securities payable from general ad valorem property taxes, the payment of which is additionally secured by a lien on net revenues;
(c) Revenue bonds and other securities constituting special obligations payable from net revenues, excluding the proceeds of any general ad valorem property taxes, which are secured by a pledge of and lien on such net revenues; or
(d) Any combination of such securities.
2. Nothing in this act prevents the authority from funding, refunding or reissuing any outstanding securities of the authority of a type designated in subsection 1 as provided in the Local Government Securities Law.
3. General obligation or revenue bonds may be sold for not less than 90 percent of their face amount and for an effective rate which must not exceed by more than 3 percent:
(a) For general obligations, the Index of Twenty Bonds; and
(b) For special obligations, the Index of Revenue Bonds,
most recently published before the bids are received or a negotiated offer is accepted.
4. General obligation bonds, regardless of whether their payment is additionally secured by a pledge of and lien on net revenues, must be sold as provided in the Local Government Securities Law.
5. Revenue bonds may be sold at public sale as provided in the Local Government Securities Law or sold at private sale.
Sec. 20. The board may appoint a bank possessing trust powers to act in a fiduciary capacity, not as a depository, as its agent in relation to general obligation or revenue bonds, and may:
1. Provide for the powers, duties and compensation of the agent.
2. Limit the liabilities of the agent.
3. Prescribe a method for the resignation and removal of the agent, and the merger or consolidation of agents.
4. Prescribe a method for the appointment of a successor to the agent.
Sec. 21. 1. Bonds issued pursuant to this act, and the income therefrom, are exempt from all state and local taxation.
κ1989 Statutes of Nevada, Page 2030 (CHAPTER 844, SB 255)κ
2. All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees and all other fiduciaries in the state may invest money within their control in bonds of the authority.
Sec. 22. (Deleted by amendment.)
Sec. 23. The authority is a public employer for the purposes of chapter 286 of NRS.
Sec. 24. The board may adopt procedures, to be administered by the board, for hiring, promoting and discharging its employees, which must include but are not limited to the following:
1. Employment on the basis of open, publicly announced, competition.
2. Promotions and remuneration on the basis of merit, efficiency, competitive examinations and seniority.
3. Classifications of the positions.
4. The maintenance of lists of eligible candidates for a position.
5. Employment of candidates from the lists in the highest qualified rating.
6. Probationary periods not to exceed 6 months.
7. Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review.
8. Schedules of compensation and increases in pay prepared by the board.
9. Maintenance of personnel records on all employees.
10. Regulations for hours of work, attendance, holidays, leaves of absence and transfers.
11. Procedures for layoffs, discharge, suspension, discipline and reinstatement.
12. The exemption from the procedures of persons employed for scientific, technical or expert service of a temporary or exceptional character, persons employed on projects from the proceeds of bonds issued by the authority and persons employed for a period of not less than 3 months in any 12-month period.
13. Review by the board, at the request of the employee in question and after notice and public hearing, of any disciplinary action, suspension or discharge of any employee, which may be affirmed, modified or reversed by the board. Findings of fact by the board are not subject to review by any court except for illegality or want of jurisdiction.
Sec. 25. Nothing contained in this act limits any power of Carson City to regulate by zoning hazards of the airport.
Sec. 26. 1. The board and the board of supervisors shall, on or before January 1, 1990, enter into an agreement for the orderly transfer to the authority of the airport properties, functions and outstanding obligations of Carson City, consistent with the rights of existing bondholders, effective January 1, 1990. The agreement may include provisions for the transfer of employees of the airport to the authority and the retention by the employees of any status of employment.
2. On January 1, 1990:
(a) Any money on hand or to become available to Carson City for the airport must be paid directly to the authority.
κ1989 Statutes of Nevada, Page 2031 (CHAPTER 844, SB 255)κ
(b) Carson City shall deliver to the authority all property ordinarily and appropriately used in the operation and maintenance of the airport.
(c) The authority shall assume the obligations issued and accounts payable by Carson City for the airport.
(d) The authority shall assume any duty previously imposed upon Carson City by the Federal Aviation Agency.
3. The board first appointed pursuant to the provisions of this act shall:
(a) Meet promptly after its appointment and organize.
(b) Execute the mandatory agreement specified in subsection 1.
(c) Prepare the necessary budgets for the authority for the fiscal year ending June 30, 1990.
(d) Assume full control, operation and maintenance of the airport in Carson City of January 1, 1990, and exercise fully thereafter all of the powers and assume all the duties granted to and imposed upon it by this act.
Sec. 27. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, the invalidity does not affect the provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 28. If any action is brought to have this act or any of its provisions declared invalid or to contest the legal status of the authority, before the authority has received money sufficient to employ an attorney, the district attorney of Carson City shall defend the action on behalf of the authority.
Sec. 29. As soon as practicable after October 1, 1989, the board of supervisors shall appoint to the board:
1. Two persons to terms that expire on October 1, 1991.
2. Two persons to terms that expire on October 1, 1992.
3. Three persons to terms that expire on October 1, 1993.
________
Senate Bill No. 292Committee on Commerce and Labor
CHAPTER 845
AN ACT relating to financial institutions; clarifying certain terms; excluding the extension of credit to nonresidents from the application of certain statutes; requiring banks to pay fees on an annual basis; authorizing the commissioner of financial institutions to require a bank to submit an audited financial statement; allowing a trust company to acquire the fiduciary rights and obligations of various financial institutions; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 657.016 is hereby amended to read as follows:
657.016 Bank, commercial bank or banking corporation refers to corporations , whether chartered by the state or Federal Government, conducting the business of receiving money as demand deposits or otherwise carrying on a banking or banking and trust business.
κ1989 Statutes of Nevada, Page 2032 (CHAPTER 845, SB 292)κ
conducting the business of receiving money as demand deposits or otherwise carrying on a banking or banking and trust business.
Sec. 2. NRS 657.037 is hereby amended to read as follows:
657.037 Depository institution means any bank, savings and loan association, savings bank, thrift company, credit union or other institution , whether chartered by the state or Federal Government, which:
1. Holds or receives deposits, savings or share accounts;
2. Issues certificates of deposit; or
3. Provides to its customers other depository accounts which are subject to withdrawal by checks, drafts or other instruments or by electronic means to effect payment to a third party.
Sec. 3. NRS 657.105 is hereby amended to read as follows:
657.105 1. The powers, privileges, duties and restrictions conferred and imposed upon any corporation, association or individual, existing and doing business under the laws of this state, are hereby abridged, enlarged or modified, as each particular case may require, to conform to the provisions of this Title, notwithstanding anything to the contrary in its respective articles of incorporation or charter.
2. As used in this section, doing business under the laws of this state does not include the lending of money to a person who is not a resident of this state, whether or not the bank which extended the credit or serviced the loan is located in this state.
Sec. 4. NRS 658.096 is hereby amended to read as follows:
658.096 1. The commissioner shall charge and collect the following fees in connection with his official duties:
(a) For licensing of state banks:
(1) A fee of $200 for each parent bank, payable on June 30 [and December 31] of each year.
(2) A fee of $100 for each branch bank, payable on June 30 [and December 31] of each year.
The fees must accompany the application for renewal of the license. A penalty of 10 percent of the fee must be charged for each month or part of a month that the fees are not paid after June 30 of each year.
(b) For applications for new branch banks, a nonrefundable fee of $200 for the application and survey to be paid by the applicant at the time of making the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative fund created by NRS 232.285.
(c) For examinations and the examination of trust departments of state banks, a fee for conducting the examination and in preparing and typing the report of the examination at the rate established pursuant to NRS 658.101.
2. Except as otherwise provided in paragraph (b) of subsection 1, all money collected under this section must be paid into the state general fund.
Sec. 5. NRS 658.105 is hereby amended to read as follows:
658.105 In addition to the other powers conferred upon him by this Title, the commissioner [shall:
1. Be] :
κ1989 Statutes of Nevada, Page 2033 (CHAPTER 845, SB 292)κ
1. Is charged with the enforcement of the provisions of this Title, subject to administrative supervision by the director of the department of commerce; [and
2. Have the power to]
2. May make and publish regulations for the governing of banks doing business under the provisions of this Title [.] ; and
3. May require banks to furnish him with an audited financial statement prepared by an independent certified public accountant licensed to do business in Nevada.
Sec. 6. NRS 669.210 is hereby amended to read as follows:
669.210 1. Each licensed trust company may:
(a) Act as trustee under any mortgage or bond of any person [, firm or corporation,] or of any municipality or body politic.
(b) Accept and execute any municipal or corporate or individual trust not inconsistent with the laws of this state.
(c) Act under the order or appointment of any court as guardian, administrator, receiver or trustee.
(d) Act as executor or trustee under any will.
(e) Act as fiscal or transfer agent of any state, municipality, body politic or corporation, and in such capacity receive and disburse money and register, transfer and countersign certificates of stock, bonds and other evidences of indebtedness.
(f) Act as local or resident agent of foreign corporations.
(g) Accept and execute any trust business permitted by any law.
(h) Acquire the fiduciary rights, powers, duties and liabilities of a bank, savings and loan association, thrift company, trust company or credit union licensed pursuant to Titles 55 and 56 of NRS, and upon the effective date of such an acquisition, the fiduciary rights, powers, duties and liabilities of the bank, savings and loan association, thrift company, trust company or credit union vest in and must be performed by the acquiring trust company.
(i) Do and perform all acts necessary to exercise the powers enumerated in this subsection and authorized by this chapter and any other applicable laws of this state.
2. [Such] A trust company may not engage in any banking business by accepting deposits or making loans.
Sec. 7. This section and section 6 of this act become effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2034κ
Senate Bill No. 323Senator Jacobsen
CHAPTER 846
AN ACT relating to collection agencies; creating the collection agency advisory board; specifying the duties and powers of the board; making various changes relating to the conduct of the business of a collection agency; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 649 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 collection agency advisory board, consisting of three members appointed by the governor, is hereby created. The members appointed must be residents of this state and represent collection agencies.
2. After the initial terms, each member of the board serves a term of 4 years. No member may serve more than two consecutive terms.
3. The governor shall designate the chairman of the board from its members.
4. Two members of the board constitute a quorum, and a quorum may exercise all the powers conferred on the board.
5. The board shall meet regularly at least quarterly and may meet at other times upon the call of the chairman. While he is engaged in the business of the board, each member is entitled to the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 3. The board may make recommendations to the legislature concerning the enactment of any legislation it deems necessary or appropriate relating to collection agencies.
Sec. 4. 1. The terms and conditions of any written agreement between a collection agency and a customer must be specific, intelligible and unambiguous. In the absence of a written agreement, unless the conduct of the parties indicates a different mutual understanding, the understanding of the customer concerning the terms of the agreement must govern in any dispute between the customer and the collection agency.
2. Unless a written agreement between the parties otherwise provides, any money collected on a claim, after court costs have been recovered, must first be credited to the principal amount of the claim. Any interest charged and collected on the claim must be allocated pursuant to the agreement between the customer and the collection agency.
3. Except with the consent of its customer, a collection agency shall not accept less than the full amount of a claim in settlement of an assigned claim.
4. A collection agency shall, at the time it remits to the customer the money it collected on behalf of the customer, give each customer an accounting in writing of the money it collected on behalf of the customer in connection with a claim.
Sec. 5. 1. Unless a written agreement between the parties otherwise provides, a customer may withdraw, without obligation, any claim assigned to a collection agency at any time 6 months after the date of the assignment if:
κ1989 Statutes of Nevada, Page 2035 (CHAPTER 846, SB 323)κ
(a) The customer gives written notice of the withdrawal to the collection agency not less than 60 days before the effective date of the withdrawal; and
(b) The claim is not in the process of being collected.
2. As used in this section, in the process of being collected, means that:
(a) A payment on the claim has been received after the date of the assignment;
(b) An action on the claim has been filed by or on behalf of the collection agency;
(c) The claim has been forwarded to another collection agency for collection;
(d) A lawful and sufficient claim or notice of lien has been filed by the collection agency on behalf of the customer to ensure payment from money distributed in connection with the probate of an estate, proceeding in bankruptcy, assignment for the benefit of creditors or any similar proceeding; or
(e) The collection agency has obtained from the debtor an enforceable written promise to make payment.
3. Upon the withdrawal of any claim, the collection agency shall return to the customer any documents, records or other items relating to the claim that have been supplied by him.
Sec. 6. NRS 649.035 is hereby amended to read as follows:
649.035 Manager means [the] a person who [is most responsible for the] :
1. Holds a managers certificate;
2. Is designated as the manager of a collection agency;
3. Shares equally with the holder of a license to conduct a collection agency the responsibility for the operation of the collection agency; and
4. Devotes a majority of the hours he works as an employee of the agency to the actual management, operation and administration of [a] that collection agency.
Sec. 7. NRS 649.335 is hereby amended to read as follows:
649.335 1. Every collection agency shall keep all records concerning each of its accounts for at least 6 years following the completion of the last transaction concerning [such] the account.
2. The commissioner shall [inspect and] conduct an examination of the [books, records and accounts] trust accounts and the records relating to debtors and customers of each collection agency licensed [under] pursuant to this chapter at least once [every 3 years.] each year.
3. If there is evidence that a collection agency is not complying with the provisions of this chapter, the commissioner may conduct an additional examination to determine whether a violation has occurred.
4. During the first year a collection agency is licensed, the commissioner may conduct as many examinations as he deems necessary to ensure compliance with the provisions of this chapter.
Sec. 8. NRS 649.333 is hereby repealed.
Sec. 9. As soon as practicable after July 1, 1989, the governor shall appoint to the collection agency advisory board:
1. Two members to terms that expire on July 1, 1993.
2. One member to a term that expires on July 1, 1992.
κ1989 Statutes of Nevada, Page 2036 (CHAPTER 846, SB 323)κ
Sec. 10. This act becomes effective on July 1, 1989.
________
Senate Bill No. 340Committee on Commerce and Labor
CHAPTER 847
AN ACT relating to the state board of pharmacy; revising the composition of and requirements for membership on the board; establishing terms of office for members of the board; prohibiting membership for more than three consecutive terms; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 639.020 is hereby amended to read as follows:
639.020 The state board of pharmacy, consisting of [six] seven members appointed by the governor, is hereby created.
Sec. 2. NRS 639.030 is hereby amended to read as follows:
639.030 1. The governor shall appoint:
(a) [Five] Six members who are registered pharmacists in the State of Nevada, are actively engaged in the practice of pharmacy in the State of Nevada and have had at least 5 years experience as a registered pharmacists preceding the appointment.
(b) One member who is a representative of the general public [.
2. Not more than two members who are registered pharmacists may be appointed from any one county.
3.] and is not related to a pharmacist registered in the State of Nevada by consanguinity or affinity within the third degree.
2. Appointments of registered pharmacists must be representative of [community practice and hospital] the practice of pharmacy.
[4.] 3. Within 30 days after his appointment, each member of the board shall take and subscribe an oath to discharge faithfully and impartially the duties prescribed by this chapter.
4. After the initial terms, the members of the board must be appointed to terms of 3 years. A person may not serve as a member of the board for more than three consecutive terms. 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.
5. The governor shall remove from the board any member, after a hearing, for neglect of duty or other just cause.
Sec. 3. NRS 639.040 is hereby amended to read as follows:
639.040 1. The board shall elect a president [, a secretary] and a treasurer [.] from among its members.
2. The board shall employ a secretary [may] , who must not be a member of the board. The secretary shall keep a complete record of all proceedings of the board and of all certificates issued, and shall perform such other duties as the board may from time to time require, for which services he is entitled to receive a salary to be determined by the board.
κ1989 Statutes of Nevada, Page 2037 (CHAPTER 847, SB 340)κ
receive a salary to be determined by the board. The secretary is entitled to receive his necessary expenses while engaged in the business of the board, to be paid from money received by the board.
3. The secretary and the treasurer shall each give a satisfactory bond running to the board in the sum of not less than $2,000, and such a greater sum as the board may from time to time require, for the faithful discharge of their respective duties. The premium or costs of such bonds must be paid out of money received by the board.
Sec. 4. NRS 639.050 is hereby amended to read as follows:
639.050 1. The board shall hold a meeting at least once in every 6 months.
2. [Three] Four members of the board constitute a quorum.
3. Meetings of the board which are held to deliberate on the decision in an administrative action or to prepare, grade or administer examinations are closed to the public.
4. Each member of the board is entitled to receive:
(a) A salary of not more than [$60] $80 per day, as fixed by the board, while engaged in the business of the board.
(b) Expenses for subsistence and lodging, not to exceed the amount provided by law for state employees, and expenses for transportation while traveling on business of the board.
Sec. 5. 1. Any person holding office as a member of the board of pharmacy on July 1, 1989, who no longer qualifies to be a member of the board on that date because of the amendatory provisions of section 2 of this act, may continue to serve for the remainder of his term.
2. The governor shall, as soon as practicable, appoint to the board one member who qualifies pursuant to paragraph (a) of subsection 1 of NRS 639.030, as amended by section 2 of this act, to a term which expires on July 1, 1992.
Sec. 6. This act becomes effective on July 1, 1989.
________
Senate Bill No. 341Committee on Commerce and Labor
CHAPTER 848
AN ACT relating to trade practices; establishing trade practices for certain clubs requiring dues from their members in return for goods, services, advice, equipment, usage or any discount privilege; expanding the scope of the provisions relating to athletic clubs; providing a penalty; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. As used in sections 2 to 15, inclusive, of this act, unless the context otherwise requires:
κ1989 Statutes of Nevada, Page 2038 (CHAPTER 848, SB 341)κ
1. Buyer means any person who purchases by contract a membership in a membership club.
2. Commissioner means the commissioner of the division.
3. Division means the consumer affairs division of the department of commerce.
4. Membership club means any club, business, association, organization, partnership or corporation that requires the payment of a membership fee or membership dues from its members in return for goods, services, advice, equipment, usage or any discount privilege, except:
(a) A nonprofit public or private school, college or university.
(b) A nonprofit religious, charitable, fraternal, ethnic or any other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).
(c) A golf, tennis or swimming club in which engaging in one of those sports is the principal activity offered by the club.
(d) Any other club, business, association, organization, partnership or corporation required to be licensed or certified by a state agency.
5. Pre-sale means the sale of memberships in a membership club before all amenities, facilities or benefits identified in the contract or sales presentation are available to the buyer.
Sec. 3. The provisions of sections 2 to 15, inclusive, of this act, apply to contracts for membership in a membership club only if the membership is intended for use by the buyer or for the buyer and the members of his family and:
1. The buyer purchases or becomes obligated to purchase the membership for more than 3 months and the membership club requires the payment of any membership fee or dues more than 3 months in advance; or
2. The membership club requires the payment of a fee for initiation or membership in an amount greater than $75.
Sec. 4. 1. Each owner of a membership club shall register with the division, listing the full name and address of the club and any other description of its facilities or activities the division requires.
2. At least one member of the governing body of the membership club must live in the county where the club is located. He is the agent of the club and its owner for receipt of process served.
Sec. 5. 1. Except as otherwise provided in subsection 9, before contracting with a buyer, the owner of a membership club shall deposit with the division:
(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 of which the owner of the membership club is the obligor and issued by a bank whose deposits are federally insured; or
(c) A certificate of deposit in a federally insured financial institution that may be withdrawn only on the order of the commissioner, except that the interest may accrue to the owner,
conditioned on compliance by the owner with the provisions of sections 2 to 15, inclusive, of this act, and the terms of the contract with a buyer.
κ1989 Statutes of Nevada, Page 2039 (CHAPTER 848, SB 341)κ
2. Except as otherwise provided in subsection 7, the amount of the bond, letter of credit or certificate of deposit must be:
(a) Ten thousand dollars, if the membership club has less than 400 members;
(b) Fifteen thousand dollars, if the membership club has 400 members or more but less than 800 members;
(c) Twenty thousand dollars, if the membership club has 800 members or more but less than 1,200 members;
(d) Twenty-five thousand dollars, if the membership club has 1,200 members or more but less than 1,500 members;
(e) Thirty-five thousand dollars, if the membership club has 1,500 members or more but less than 4,000 members; and
(f) Fifty thousand dollars, if the membership club has 4,000 or more members.
3. Except as otherwise provided in subsection 9, any buyer who is injured because of breach of contract or bankruptcy may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.
4. Except as otherwise provided in subsection 9, the liability of the surety does not exceed the amount of the bond regardless of the number of claims filed for the aggregate amount claimed. If the amount claimed exceeds the amount of the bond, the surety deposit the amount of the bond with the division that will distribute the money to claimants entitled to restitution. The surety is then relieved of all liability under the bond.
5. Except as otherwise provided in subsection 9, the membership club shall maintain the bond in full force while it is doing business and shall keep accurate records of the bond and the payments made on the premium. These records must be open to inspection by the division during business hours. It shall notify the division no later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.
6. Except as otherwise provided in subsection 9, the division may apply for a writ of mandate to require the membership club to register or to deposit and maintain the security required by subsection 1.
7. If a membership club conducts any pre-sale of memberships, the amount of the bond required by subsection 2 must be $100,000.
8. A membership club shall report to the division on a quarterly basis the size of its membership and shall, on the basis of any change in the size of that membership, adjust accordingly the amount of the bond, certificate of deposit or letter of credit deposited with the division.
9. If a membership club has actively conducted business for not less than 4 consecutive years and has not changed ownership or, in the case of a corporation, not more than 25 percent of its authorized shares have been transferred, it is not required to deposit a bond, letter of credit or certificate of deposit with the division pursuant to subsection 1. If a membership club does not deposit a bond, letter of credit or certificate of deposit, it shall obtain a written acknowledgment from each member and prominently post a notice on its premises stating that no security for refunds or reimbursement has been deposited with the State of Nevada.
Sec. 6. Each contract for membership in a membership club must:
κ1989 Statutes of Nevada, Page 2040 (CHAPTER 848, SB 341)κ
1. Be in writing, legible and have all spaces filled in before the buyer signs it;
2. Be in the language in which the sales presentation was given;
3. Contain the addresses of the buyer and the club;
4. Be given to the buyer when he signs it;
5. Disclose whether security has been obtained and deposited with the division pursuant to section 5 of this act;
6. Specify the term of membership of the buyer, which must not be measured by the life of the buyer;
7. Clearly specify the right of the buyer to cancel the contract pursuant to section 7 of this act; and
8. Not contain a clause by which the contract is automatically renewed.
Sec. 7. A buyer may cancel a contract for membership in a membership club within 3 business days after he receives a copy of the contract by notifying the club in writing. The notice must be delivered in person or by mail postmarked by midnight of the third business day. The club shall return all money paid by the buyer within 15 days after it receives the notice of cancellation.
Sec. 8. A membership club shall not make any false or misleading representation to the buyer or in its advertising. A contract for membership in a club is void and unenforceable if any false or misleading representation was made to the buyer.
Sec. 9. If a buyer becomes disabled during the term of a contract, and a physician confirms in writing to the membership club that:
1. The buyer is not physically able to use the facilities of the club; and
2. The disability will continue for more than 3 months,
the buyer is entitled to suspend the contract for the duration of the disability. After he recovers, he is entitled to an extension of the contract for a period equal to the time of the disability. If he is permanently disabled, he may cancel the contract and receive a refund pro rata of the amount paid pursuant to it.
Sec. 10. 1. If a membership club is closed for more than 1 month, through no fault of the buyer, he is entitled to:
(a) Extend the contract for a period equal to the time the club is closed; or
(b) Receive a refund pro rata of the amount paid pursuant to the contract.
2. If the club is closed without fault of its owner or management, the election of remedies under subsection 1 must be made by the club. If the club is closed because of the fault of its owner or management, the election must be made by the buyer.
Sec. 11. 1. If a membership club transfers its obligations to provide goods or services to a buyer to another club that provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure of the goods and services provided by the new club. If the buyer does not consent, his contract is rescinded and he must be given a refund pro rata upon the amount of time he was a member of the membership club.
2. If a membership club moves its place of business that is geographically closest to the residence of the buyer as set forth in the contract, more than 20 miles farther away from the residence of the buyer than it was when the contract for membership was signed, the buyer may rescind the contract and the membership club shall provide a refund pro rata based upon the amount of time he was a member.
κ1989 Statutes of Nevada, Page 2041 (CHAPTER 848, SB 341)κ
the membership club shall provide a refund pro rata based upon the amount of time he was a member.
Sec. 12. If a membership club does not comply with the provisions of sections 2 to 7, inclusive, or sections 9 to 15, inclusive, of this act, the buyer may agree in writing, after a full disclosure, to any correction of the defect if the correction is made within 30 days after he signs a contract for membership. If the buyer does not consent, or if the correction is not made within the 30-day period, the contract is rescinded and the buyer must be given a full refund.
Sec. 13. Any waiver by the buyer of the provisions of sections 2 to 15, inclusive, of this act, is contrary to public policy and void.
Sec. 14. Any person who violates the provisions of section 2 to 15, inclusive, of this act, is guilty of a misdemeanor.
Sec. 15. The remedies, duties and prohibitions of sections 2 to 15, inclusive, of this act, are not exclusive and are in addition to any other remedies provided by law.
Sec. 16. NRS 598.805 is hereby amended to read as follows:
598.805 The provisions of NRS 598.800 to 598.835, inclusive, apply to contracts for the use of the facilities at an athletic club only if [:] the use of the facilities is intended for the buyer or for the buyer and the members of his family and:
1. The buyer purchases or becomes obligated to purchase the use of the facilities for more than 3 months [;
2. The use of the facilities is intended for the buyer or for the buyer and members of his family; and
3. The] and the club requires the payment of the amount due under the contract more than 3 months in advance [.] ; or
2. The club requires the payment of a fee for initiation or membership in an amount greater than $75.
________
Senate Bill No. 343Committee on Government Affairs
CHAPTER 849
AN ACT relating to public utilities; allowing a public utility to provide a list of customers to a court for the selection of a jury; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In a county whose population is less than 400,000, a public utility, other than a public utility furnishing telephone services, shall provide a list of the names and addresses of the customers of the public utility upon the request of any:
κ1989 Statutes of Nevada, Page 2042 (CHAPTER 849, SB 343)κ
(a) District judge; or
(b) Jury commissioner,
for use in the selection of jurors.
2. The court or jury commissioner that requests the list of customers shall reimburse the public utility for the reasonable cost of compiling the list.
3. A disclosure made in good faith pursuant to subsection 1 does not give rise to any action for damages for the disclosure of the name and address of a customer by a public utility.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 378Committee on Transportation
CHAPTER 850
AN ACT relating to the repair of automobiles; creating an advisory board on automotive affairs within the insurance division of the department of commerce; permitting the operator of a body shop to operate an unregistered vehicle on the highway for certain purposes; providing a penalty for the violation of certain provisions relating to body shops; requiring the commissioner of insurance to perform a survey of rates charged by body shops in this state; prohibiting certain practices of insurers of motor vehicles; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. As used in this section:
(a) Commissioner means the commissioner of insurance.
(b) Department means the department of motor vehicles and public safety.
(c) Division means the insurance division of the department of commerce.
2. The advisory board on automotive affairs, consisting of seven members appointed by the governor, is hereby created within the division.
3. The governor shall appoint to the board one representative of:
(a) The division;
(b) The department;
(c) Licensed operators of body shops;
(d) Licensed automobile wreckers;
(e) Insurers of motor vehicles;
(f) Automobile manufacturers; and
(g) The general public.
4. After the initial terms, each member of the board serves a term of 4 years. The members of the board shall annually elect from among their number a chairman and a vice chairman. The commissioner shall provide secretarial services for the board.
κ1989 Statutes of Nevada, Page 2043 (CHAPTER 850, SB 378)κ
5. The board shall meet regularly at least twice each year and may meet at other times upon the call of the chairman. Each member of the board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally.
6. Not less than 30 days before the adoption by the commissioner or the department of any regulation pursuant to subsection 7 or otherwise relating to the operation of body shops or auto wreckers, the commissioner or the director, as appropriate, shall submit the proposed regulation to the board for its review and comment.
7. The commissioner and the department, jointly, shall adopt and the board may propose, pursuant to NRS 233B.100, regulations to the appropriate agency concerning:
(a) The use of new or used parts for the repair of motor vehicles and parts that are not manufactured by the manufacturers of the motor vehicles for which they are used.
(b) The survey methodology that may be used by an insurer to ascertain prevailing charges for the repair of a motor vehicle.
(c) The preferred use of a business which repairs motor vehicles by an insurer of motor vehicles.
Sec. 3. 1. Any licensed operator of a body shop who owns or controls any vehicle of a type required to be registered pursuant to the laws of this state may operate or move that vehicle upon the highways without subjecting the vehicle to registration if the operation or movement is for the sole purpose of moving the vehicle:
(a) From its location to the established place of business of the licensee; or
(b) From the place of business of the licensee to the established place of business of a person with whom the licensee has contracted for the performance of specialized repairs.
2. The operator shall obtain license plates from the department for the movement of such vehicles. The fees charged for such plates must be the same as those fees listed in NRS 482.490.
Sec. 4. Any person who violates any of the provisions of NRS 487.610 to 487.680, inclusive, and section 3 of this act, is guilty of a misdemeanor.
Sec. 5. NRS 487.450 is hereby amended to read as follows:
487.450 1. The department shall charge and collect a fee of $300 for a license to operate a salvage pool.
2. Fees collected by the department pursuant to this section must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops, which is hereby created as a special revenue fund. Money in the fund may be used only for the administration of section 2 of this act, NRS 487.050 to 487.200, inclusive, and NRS 487.400 to 487.680, inclusive.
Sec. 6. NRS 487.600 is hereby amended to read as follows:
487.600 As used in NRS 487.610 to 487.680, inclusive, and sections 3 and 4 of this act, body shop means any place where the body of a motor vehicle is fixed, repaired or replaced for compensation.
Sec. 7. NRS 487.640 is hereby amended to read as follows:
487.640 1. No license may be issued to an operator of a body shop until he procures and files with the department a good and sufficient bond in the amount of $10,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as an operator of a body shop without fraud or fraudulent representation, and in compliance with the provisions of NRS 487.035, 487.610 to 487.680, inclusive, and sections 3 and 4 of this act, and 598.690 to 598.745, inclusive.
κ1989 Statutes of Nevada, Page 2044 (CHAPTER 850, SB 378)κ
amount of $10,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as an operator of a body shop without fraud or fraudulent representation, and in compliance with the provisions of NRS 487.035, 487.610 to 487.680, inclusive, and sections 3 and 4 of this act, and 598.690 to 598.745, inclusive. The department may, by agreement with any operator of a body shop who has been licensed by the department for 5 years or more, allow a reduction in the amount of the bond of the operator, if the business of the operator has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $1,000.
2. The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.
3. The bond must provide that any person injured by the action of the operator of the body shop in violation of any of the provisions of NRS 487.035, 487.610 to 487.680, inclusive, and sections 3 and 4 of this act, and 598.690 to 598.745, inclusive, may bring an action on the bond.
4. In lieu of a bond an operator of a body shop may deposit with the department, under the terms prescribed by the department:
(a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.
5. A deposit made pursuant to subsection 4 may be released upon receipt of:
(a) An order of a court requiring the director to release all or a specified portion of the deposit; or
(b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
6. When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:
(a) Files an additional bond pursuant to subsection 1;
(b) Restores the deposit with the department to the original amount required under this section; or
(c) Satisfies the outstanding judgment for which he is liable under the deposit.
7. A deposit made pursuant to subsection 4 may be refunded:
κ1989 Statutes of Nevada, Page 2045 (CHAPTER 850, SB 378)κ
(a) By order of the director, 3 years after the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
8. Any money received by the department pursuant to subsection 4 must be deposited with the state treasurer for credit to the motor vehicle fund.
Sec. 8. NRS 487.650 is hereby amended to read as follows:
487.650 The department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license to operate a body shop upon any of the following grounds:
1. Failure of the applicant or licensee to have or maintain an established place of business in this state.
2. Conviction of the operator of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.
3. Any material misstatement in the application for the license.
4. Willful failure of the applicant or operator to comply with the motor vehicle laws of this state, NRS 487.035, 487.610 to 487.680, inclusive, and sections 3 and 4 of this act, or 598.690 to 598.745, inclusive.
5. Failure or refusal by the licensee to pay or otherwise discharge any final judgment against him arising out of the operation of the body shop.
Sec. 9. Chapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.
Sec. 10. (Deleted by amendment.)
Sec. 11. 1. The commissioner shall annually conduct a survey of licensed operators of body shops in this state to determine:
(a) The rates charged by such operators for painting and other repairs; and
(b) The difference, if any, between the amount paid by the operators for new and used parts acquired for repairs and the amount charged to customers for those parts.
2. The information obtained by the survey must be compiled in a written report, which must set forth information relating to:
(a) Each county separately whose population is more than 35,000; and
(b) The remaining counties of the state.
The report is a public record for the purposes of NRS 239.010.
Sec. 12. Section 1 of Assembly Bill No. 400 of this session is hereby amended to read as follows:
Section 1. Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer of motor vehicles shall not [knowingly] :
(a) Knowingly recommend to an insured, or direct an insured to, a body shop in this state which is not licensed pursuant to NRS 487.630 [.] ; or
(b) Require an insured to patronize any licensed body shop in this state in preference to another such business, except in accordance with the regulations adopted pursuant to paragraph (c) of subsection 7 of section 2 of Senate Bill No. 378 of this session.
κ1989 Statutes of Nevada, Page 2046 (CHAPTER 850, SB 378)κ
2. For the purposes of this section, an insurer is entitled to rely upon the validity of the license number included by the body shop on its estimates and invoices for repairs.
Sec. 13. As soon as practicable after July 1, 1989, the governor shall appoint to the advisory board on automotive affairs:
1. Two persons to terms that expire on June 30, 1991.
2. Two persons to terms that expire on June 30, 1992
3. Three persons to terms that expire on June 30, 1993.
Sec. 14. 1. Section 12 of this act becomes effective as 12:01 a.m. on October 1, 1989.
2. The remaining sections become effective on July 1, 1989, for the purposes of making the appointments required by sections 2 and 13 of this act, and on October 1, 1989, for all other purposes.
________
Senate Bill No. 396Committee on Judiciary
CHAPTER 851
AN ACT relating to traffic laws; clarifying that similar prior offenses in other jurisdictions enhance the penalty for driving under the influence of intoxicating liquor or a controlled substance; authorizing police officers to obtain blood samples from persons with prior convictions in other jurisdictions suspected of driving under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. Any person who violates the provisions of NRS 484.379;
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.3794, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 48 hours of work for the community while dressed in distinctive garb which identifies him as having violated the provisions of NRS 484.379; and
(3) Fine him not less than $200 nor more than $1,000.
The teacher of the educational course shall evaluate the offender and, if he finds the offender is an abuser of alcohol or controlled substances, he shall promptly report his findings to the court for its use.
κ1989 Statutes of Nevada, Page 2047 (CHAPTER 851, SB 396)κ
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court shall sentence to him to imprisonment for not less than 10 days nor more than 6 months in jail and fine him not less than $500 nor more than $1,000.
(c) For a third or subsequent offense within 7 years, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must be segregated insofar as practicable from offenders whose crimes were violent, and must be assigned to an institution of minimum security or, if space is available, to an honor camp, restitution center or similar facility.
2. Any offense which occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. No person convicted of violating the provisions of NRS 484.379 may be released on probation, and no sentence imposed for violating those provisions may be suspended except, as provided in NRS 4.373, 5.055 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. No prosecuting attorney may dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a drivers license issued by a state other than Nevada and does not reside in Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
κ1989 Statutes of Nevada, Page 2048 (CHAPTER 851, SB 396)κ
approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. As used in this section, unless the context otherwise requires, offense means a violation of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same or similar conduct.
Sec. 2. NRS 484.383 is hereby amended to read as follows:
484.383 1. Except as provided in subsections 4 and 5, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.
2. The person to be tested must be informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.
3. Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.
4. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but may be required to submit to a breath or urine test.
5. If the alcoholic content of the blood of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath test. If the person requests a blood test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.
6. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test. The officer shall inform him that his failure to submit to either or both of the blood and urine tests, as required, will result in the revocation of his privilege to drive a vehicle. A failure to submit to either or both of these tests constitutes a failure to submit to one test under this section.
7. Except as provided in subsections 4 and 6, a police officer shall not direct a person to submit to a urine test.
κ1989 Statutes of Nevada, Page 2049 (CHAPTER 851, SB 396)κ
8. If a person to be tested fails to submit to a required test as directed by a police officer under this section, none may be given, except that if the officer has reasonable cause to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance, and that the person:
(a) Thereby caused death or substantial bodily harm to another; or
(b) Has been convicted of [a violation of NRS 484.379] an offense, as defined in subsection 7 of NRS 484.3792, within the previous 7 years,
the officer may direct that reasonable force be used to the extent necessary to obtain a sample of blood from the person to be tested.
Sec. 3. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
Senate Bill No. 405Committee on Commerce and Labor
CHAPTER 852
AN ACT relating to health care; expanding the class of persons to whom records of health care must be provided; making various changes regarding the practice of nursing; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 629.061 is hereby amended to read as follows:
629.061 1. Each provider of health care shall make the health care records of a patient available for physical inspection by:
(a) The patient or a representative with written authorization from the patient; or
(b) Any authorized representative or investigator of [the board which issued the license to the provider of health care,] a state licensing board during the course of any [authorized investigation of that person.] investigation authorized by law.
The records must be made available at a place within the depository convenient for physical inspection , and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to each person described in paragraphs (a) and (b) of this subsection who requests it and pays the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health and care records produced by similar processes.
2. Records made available to a representative or investigator of such a board must not be used at any public hearing unless:
(a) The patient named in the records has consented in writing to their use; or
κ1989 Statutes of Nevada, Page 2050 (CHAPTER 852, SB 405)κ
(b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.
This subsection does not prohibit that board from providing to a provider of health care against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care and his attorney shall keep the information confidential.
3. A provider of health care, his agents and employees are immune from and civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
Sec. 2. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.
Sec. 3. Licensee means a person licensed pursuant to this chapter.
Sec. 4. Practice of nursing means the general observation, diagnosis and treatment of changes in a persons health. The term does not include acts of medical diagnosis or prescription of therapeutic or corrective measures, except as authorized by specific statute.
Sec. 5. 1. If the board determines that a licensee has committed any of the acts set forth in NRS 632.320, it may take any one or more of the following disciplinary actions:
(a) Deny, suspend or revoke his license.
(b) Place conditions, limitations or restrictions on his license.
(c) Impose and collect an administrative fine of not more than $1,000.
2. If the board determines that:
(a) A person whose license is suspended or voluntarily surrendered, or has been placed on an inactive list pursuant to NRS 632.341, has committed, during the period his license was valid, inactive or would have been valid if not for the suspension or surrender; or
(b) An applicant for the renewal or reinstatement of a license has committed, at any time after the most recent renewal of his license or the issuance of his original license if it has not been renewed,
any of the acts set forth in NRS 632.320, the board may take any one or more of the disciplinary actions set forth in subsection 1.
Sec. 6. NRS 632.010 is hereby amended to read as follows:
632.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 632.011 to 632.019, inclusive, and sections 3 and 4 of this act, have the meanings ascribed to them in those sections.
Sec. 7. NRS 632.120 is hereby amended to read as follows:
632.120 1. The board shall:
(a) Adopt regulations establishing reasonable standards:
(1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to practice professional or practical nursing.
(2) Of professional conduct for the practice of nursing.
(b) Prepare and administer examinations for the issuance of a license under this chapter.
(c) Investigate and determine the eligibility of an applicant for a license under this chapter.
κ1989 Statutes of Nevada, Page 2051 (CHAPTER 852, SB 405)κ
(d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.
2. The board may adopt regulations establishing reasonable:
(a) Qualifications for the issuance of a license under this chapter.
(b) Standards for the continuing professional competence of licensees. The board may evaluate licensees periodically for compliance with those standards.
3. The board may adopt regulations establishing a schedule of reasonable fees and charges, in addition to those set forth in NRS 632.345, for:
(a) Investigating licensees and applicants for a license under this chapter;
(b) Evaluating the professional competence of licensees;
(c) Conducting hearings pursuant to this chapter;
(d) Duplicating and verifying records of the board; and
(e) Surveying, evaluating and accrediting schools of practical nursing, and schools and courses of professional nursing,
and collect the fees established pursuant to this subsection.
4. The board may adopt such other regulations, not inconsistent with law, as [may be] are necessary to enable it to administer the provisions of this chapter.
Sec. 8. NRS 632.240 is hereby amended to read as follows:
632.240 1. The provision of nursing services in any system for the delivery of health care [delivery system shall] must be under the direction and supervision of a chief administrative nurse who is a registered nurse.
2. As used in this section, system for the delivery of health care means a licensed medical facility as defined in NRS 449.0151, or other organization which provides organized nursing services.
3. The provisions of this section do not apply to a county school district whose enrollment is fewer than 35,000 pupils.
Sec. 9. NRS 632.270 is hereby amended to read as follows:
632.270 Each applicant for a license to practice as a practical nurse shall submit to the board written evidence, under oath, that he:
1. Is of good moral character.
2. Has a high school diploma or its equivalent as determined by the state board of education.
3. Is at least 18 years of age.
4. [Is qualified by having:] Has:
(a) Successfully completed the prescribed course of study in an accredited school of practical nursing or professional nursing [;] , and been awarded a diploma by the school; or
(b) Been registered or licensed as a registered nurse under the laws of another jurisdiction.
5. Meets any other qualifications prescribed in regulations of the board.
Sec. 10. NRS 632.300 is hereby amended to read as follows:
632.300 Upon application and payment of the required fee, the board may without examination grant a temporary license to practice professional nursing or practical nursing to a person whose corresponding license from another jurisdiction is in good standing. Only one temporary license may be issued pursuant to this section to any one person during any 12-month period.
κ1989 Statutes of Nevada, Page 2052 (CHAPTER 852, SB 405)κ
Sec. 11. NRS 632.305 is hereby amended to read as follows:
632.305 1. The board may, after verifying that [the] an applicant meets the requirements of :
(a) NRS 632.140, issue an interim permit authorizing the applicant to practice professional nursing until the results of the examination required by NRS 632.150 are received.
(b) NRS 632.270, issue an interim permit authorizing the applicant to practice as a practical nurse until the results of the examination required by NRS 632.280 are received.
2. If the applicant does not pass the examination, the interim permit expires upon notification by the board. The interim permit is not renewable.
3. The board may adopt regulations for the re-examination of an applicant who does not pass the examination.
Sec. 12. NRS 632.310 is hereby amended to read as follows:
632.310 The board may, upon its own motion, and shall, upon the verified complaint in writing of any person, provided that such a complaint, or such a complaint together with evidence, documentary or otherwise, presented in connection therewith, [shall make] makes out a prima facie case, investigate the actions of any [person licensed to practice nursing as a practical nurse under this chapter] licensee or any person who [shall assume] assumes to act as a licensee [to practice nursing as a practical nurse] within the State of Nevada.
Sec. 13. NRS 632.320 is hereby amended to read as follows:
632.320 The board may deny, revoke or suspend any license [to practice nursing as a practical nurse] applied for or issued pursuant to this chapter, or [otherwise to discipline] take other disciplinary action against a licensee , upon [proof] determining that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license [to practice nursing as a practical nurse.] pursuant to this chapter.
2. Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction is conclusive evidence thereof.
3. If unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.
4. Is habitually intemperate or is addicted to the use of any controlled substance.
5. Is mentally incompetent.
6. Is guilty of unprofessional conduct, which includes but is not limited to the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.
(b) Procuring, or aiding, abetting, attempting, agreeing or offering to procure or assist at, a criminal abortion.
(c) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license.
(d) Impersonating another licensed practitioner.
(e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.
κ1989 Statutes of Nevada, Page 2053 (CHAPTER 852, SB 405)κ
(f) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.
7. Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license issued pursuant to this chapter is prima facie evidence that the licensee has committed or expects to commit a violation of this chapter.
8. Is guilty of aiding or abetting anyone in a violation of this chapter.
9. Has falsified an entry on a patients medical chart concerning a controlled substance.
10. Has falsified information which was given to a physician, pharmacist or dentist to obtain a controlled substance.
11. Has had a license to practice nursing suspended or revoked in another jurisdiction. A certified copy of the order of suspension or revocation is prima facie evidence of the suspension or revocation.
12. Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.
Sec. 14. NRS 632.330 is hereby amended to read as follows:
632.330 After the revocation of any license [of a practical nurse] by the board as provided in this chapter, no new license [shall] may be issued to the same licensee within a period of 1 year from and after the date of revocation, nor at any time thereafter except in the sole discretion of the board.
Sec. 15. NRS 632.340 is hereby amended to read as follows:
632.340 None of the provisions of NRS [632.260] 632.130 to 632.330, inclusive, [shall] may be construed as prohibiting:
1. Gratuitous nursing by friends or by members of the family [.] of a patient.
2. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.
3. Nursing assistance in the case of an emergency.
4. The practice of nursing by students enrolled in accredited schools of [practical] nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following [such] graduation.
5. The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed 6 months in length, provided [such] the person does not represent or hold himself out as a nurse licensed to practice in this state.
6. The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division [,] or agency thereof, while in the discharge of his official duties in this state.
7. Nonmedical nursing for the care of the sick, with or without compensation, when done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, so long as such nursing does not amount to the practice of practical or professional nursing as defined in NRS [632.010.] 632.017 and 632.018, respectively.
κ1989 Statutes of Nevada, Page 2054 (CHAPTER 852, SB 405)κ
Sec. 16. NRS 632.341 is hereby amended to read as follows:
632.341 1. [The license of every] Every nurse licensed under the provisions of this chapter must [be renewed] renew his license biennially on a date or according to a schedule of dates prescribed by regulation of the board. If the date or schedule is changed, the board may prorate the required fee.
2. A licensee who fails to renew his license may have his license reinstated by completing an application for renewal and payment of the reinstatement fee in addition to the renewal fee.
3. Upon written request to the board, a licensee in good standing may cause his name and license to be transferred to an inactive list, and the licensee may not practice nursing during the time the license is inactive and no renewal fee accrues. If an inactive licensee desires to resume the practice of nursing, the board , except as otherwise provided in subsection 4, shall renew the license upon demonstration, if deemed necessary by the board, that the licensee is then qualified and competent to practice, and upon completion of an application and payment of the current fee for biennial renewal of the license.
4. The board may:
(a) Issue a temporary license to an applicant for the renewal or reinstatement of his license pending final action by the board upon the application.
(b) After a hearing, refuse to renew or reinstate the license of any person who, at any time since the most recent renewal of his license or the issuance of his original license if it has not been renewed, has been out of compliance with requirements of this chapter.
Sec. 17. NRS 632.345 is hereby amended to read as follows:
632.345 1. The board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:
Not less Not more
than than
Application for license to practice professional nursing (registered nurse) ......................................................................................... $45 $100
Application for license [as a practical nurse] to practice practical nursing........................................................................... 30 90
Application for temporary license [to practice professional nursing (registered nurse)] pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license................................... 15 50
[Application for temporary license as a practical nurse, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license................................... 10 45]
Biennial fee for renewal of a license.................................. 15 50
Fee for reinstatement of a license....................................... 10 100
κ1989 Statutes of Nevada, Page 2055 (CHAPTER 852, SB 405)κ
Not less Not more
than than
Application for recognition as an advanced practitioner of nursing [$30......................................................................................... $100]
......... ......................................................................................... 50 200
Application for recognition as a certified registered nurse anesthetist ......................................................................................... 50 200
Biennial fee for renewal of recognition as an advanced practitioner of nursing or certified registered nurse anesthetist.. [15 50]
......... ......................................................................................... 50 200
Examination fee for [registered nurses] license to practice professional nursing........................................................................... 20 100
Examination fee for [practical nurses] license to practice practical nursing........................................................................... 10 90
Rewriting examination for [registered nurses] license to practice professional nursing................................................... 20 100
Rewriting examination for [practical nurses] license to practice practical nursing......................................................... 10 90
Duplicate license.................................................................... 5 30
Proctoring examination for candidate from another state 25......................................................................................... 150
Fee for approving one course of continuing education [course] 10......................................................................................... 50
Fee for reviewing one course of continuing education [course] which has been changed since approval.................................... 5 30
Annual fee for approval of all courses of continuing education [courses] offered........................................................................... 100 500
2. The board may collect the fees and charges established pursuant to this section, and those fees or charges may not be refunded.
Sec. 18. NRS 632.350 is hereby amended to read as follows:
632.350 1. Before suspending or revoking any license or taking other disciplinary action against a licensee, the board shall notify the licensee in writing of the charges against him, accompanying the notice with a copy of the complaint, if any is filed.
2. Written notice may be served by delivery of it personally to the licensee, or by mailing it by registered or certified mail to the last known [residence] residential address of the licensee.
3. If the licensee desires, the board shall:
(a) Grant a hearing upon the charges, which hearing must be held not less than 10 days after [prior] notice in writing to the licensee nor more than 30 days after the filing of any complaint; and
κ1989 Statutes of Nevada, Page 2056 (CHAPTER 852, SB 405)κ
(b) Furnish the licensee, at the time of giving the notice, copies of any communications, reports and affidavits in possession of the board, touching upon or relating to the matter in question.
4. The hearing on the charges may be held by the board, or a majority thereof, at such time and place as the board prescribes. The hearing must be held, if the licensee desires, within the county where he resides.
Sec. 19. NRS 433A.360 is hereby amended to read as follows:
433A.360 1. A clinical record for each client must be diligently maintained by any division facility or private institution or facility offering mental health services. The record must include information pertaining to the clients admission, legal status, treatment and individualized plan for habilitation. The clinical record is not a public record and no part of it may be released, except:
(a) The record must be released to physicians, attorneys and social agencies as specifically authorized in writing by the client, his parent, guardian or attorney.
(b) The record must be released to persons authorized by the order of a court of competent jurisdiction.
(c) The record or any part thereof may be disclosed to a qualified member of the staff of a division facility, an employee of the division or a member of the staff of an agency in Nevada which has been established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. §§ 6041 et seq.) or the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. §§ 10801 et seq.) when the administrator deems it necessary for the proper care of the client.
(d) Information from the clinical records may be used for statistical and evaluative purposes if the information is abstracted in such a way as to protect the identity of individual clients.
(e) To the extent necessary for a client to make a claim, or for a claim to be made on behalf of a client for aid, insurance or medical assistance to which he may be entitled, information from the records may be released with the written authorization of the client or his guardian.
(f) The record must be released without charge to any member of the staff of an agency in Nevada which has been established pursuant to 42 U.S.C. §§ 6041 et seq. or 42 U.S.C. §§ 10801 et seq. if:
(1) The client is a client of that office and he or his legal representative or guardian authorizes the release of the record; or
(2) A complaint regarding a client was received by the office or there is probable cause to believe that the client has been abused or neglected and the client:
(I) Is unable to authorize the release of the record because of his mental or physical condition; and
(II) Does not have a guardian or other legal representative or is a ward of the state.
(g) The record must be released as provided in chapter 629 of NRS.
2. As used in this section, client includes any person who seeks, on his own or others initiative, and can benefit from care, treatment and training in a private institution or facility offering mental health services.
κ1989 Statutes of Nevada, Page 2057 (CHAPTER 852, SB 405)κ
Sec. 20. NRS 449.720 is hereby amended to read as follows:
449.720 Every patient of a medical facility or facility for the dependent has the right to:
1. Receive considerate and respectful care.
2. Refuse treatment to the extent permitted by law and to be informed of the consequences of that refusal.
3. Refuse to participate in any medical experiments conducted at the facility.
4. Retain his privacy concerning his program of medical care. Discussions of a patients care, consultation with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient , except as otherwise provided in NRS 108.640 and chapter 629 of NRS, are confidential. The patient must consent to the presence of any person who is not directly involved with his care during any examination, consultation or treatment.
5. Have any reasonable request for services reasonably satisfied by the facility considering its ability to do so.
6. Receive continuous care from the facility. The patient must be informed:
(a) Of his appointments for treatment and the names of the persons available at the facility for those treatments; and
(b) By his physician or an authorized representative of the physician, of his need for continuing care.
Sec. 21. NRS 458.280 is hereby amended to read as follows:
458.280 1. Except as otherwise provided in subsection 2 [,] and in chapter 629 of NRS, the registration and other records of a treatment facility are confidential and [shall] must not be disclosed to any person not connected with the treatment facility without the consent of the patient.
2. The provisions of subsection 1 do not restrict the use of a patients records for the purpose of research into the causes and treatment of alcoholism if such information is not published in a way that discloses the patients name or other identifying information.
Sec. 22. NRS 632.200, 632.205, 632.210, 632.220, 632.230 and 632.250 are hereby repealed.
Sec. 23. Each county school district whose enrollment is fewer than 35,000 pupils shall, on or before January 31, 1990, submit to the state board of nursing, for its approval, a copy of its procedures and protocol for the delivery of nursing services to pupils in the district.
________
κ1989 Statutes of Nevada, Page 2058κ
Senate Bill No. 419Committee on Judiciary
CHAPTER 853
AN ACT relating to gaming; requiring the Nevada gaming commission to charge and collect a fee based on the value of any unpaid collectible credit instruments of a licensee who concludes a gaming operation; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 463.386, the commission shall charge and collect from each licensee who concludes a gaming operation, a fee based on the value of any collectible credit instrument received as a result of that gaming operation which is held by the licensee or any affiliate of the licensee and remains unpaid on the last tax day.
2. The fee must be:
(a) Calculated by using the rates and monetary limits set forth in NRS 463.370; and
(b) Collected and refunded pursuant to the regulations adopted by the commission.
3. As used in this section, last tax day means the last day for which a licensee is legally obligated to pay the fees imposed pursuant to NRS 463.370.
Sec. 2. This act becomes effective on July 1, 1989.
________
Senate Bill No. 499Senators Mello, Wagner and Townsend
CHAPTER 854
AN ACT relating to local government; clarifying certain provisions in certain city charters to authorize the appointment of a person to fill a prospective vacancy in the governing body of the city; authorizing every member of the governing body to participate in the selection of that person; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.060 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as amended by chapter 71, Statutes of Nevada 1975, at page 82, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
1. A vacancy in the city council or in the office of mayor [shall] must be filled by a majority vote of the members of the city council [, or the remaining members, in the case of a vacancy in the city council,] within 30 days after the occurrence of [such] the vacancy. A person may be selected to fill a prospective vacancy in the council before the vacancy occurs.
κ1989 Statutes of Nevada, Page 2059 (CHAPTER 854, SB 499)κ
selected to fill a prospective vacancy in the council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. The appointee [shall] must have the same qualifications as are required of the elected official.
2. The appointee shall serve until the next municipal election and his successor is [duly] elected and qualified. At the time of [such] the election , if a balance remains in the term of office to which the appointee was appointed, the successor [shall] may be elected only for the balance of that term.
Sec. 2. Section 1.060 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 603, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
1. A vacancy in the board of councilmen or in the office of mayor [shall] must be filled by a majority vote of the members of the board of councilmen [, or the remaining members in the case of a vacancy in the board of councilmen.] within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee [shall] must have the same qualifications as are required of the elective official.
2. No such appointment [shall] may extend beyond the [1st] first Monday in July after the next municipal election, at which election the office [shall] must be filled for the remaining unexpired term.
Sec. 3. Section 2.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 294, is hereby amended to read as follows:
Sec. 2.030 Board of supervisors: Vacancies.
1. A vacancy in the office of supervisor [shall] must be filled by appointment by a majority of the [remaining] members of the board within 30 days after the occurrence of [such] the vacancy or after three regular or special meetings, whichever is the shorter period of time. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee [shall] must have the qualifications required by section 2.010.
2. No such appointment [shall] may extend beyond the [1st] first Monday in January after the next general election, at which election a new supervisor [shall] must be elected to fill the unexpired term.
Sec. 4. Section 1.060 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 475, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
κ1989 Statutes of Nevada, Page 2060 (CHAPTER 854, SB 499)κ
1. A vacancy in the board of supervisors [shall] must be filled by a majority vote of the [remaining] members within 30 days after the occurrence of [such] the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee [shall] must have the same qualifications as are required of the elective official.
2. No such appointment [shall] may extend beyond the [1st] first Monday in July after the next municipal election, at which election the office [shall] must be filled.
Sec. 5. Section 1.070 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 386, is hereby amended to read as follows:
Sec. 1.070 Elective offices: Vacancies.
1. A vacancy in the board of councilmen or in the office of mayor [shall] must be filled by a majority vote of the members of the board of councilmen [, or the remaining members in the case of a vacancy in the board of councilmen,] within 30 days after the occurrence of [such] the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee [shall] must have the same qualifications as are required of the elective official.
2. No such appointment [shall] may extend beyond the [1st] first Monday in July after the next municipal election, at which election the office [shall] must be filled.
Sec. 6. Section 1.160 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1393, is hereby amended to read as follows:
Sec. 1.160 Elective offices: Vacancies.
1. A vacancy in the office of mayor, councilman or municipal judge must be filled by the majority vote of the entire city council [or the majority vote of all of the remaining members, in the case of a vacancy on the city council,] within 30 days after the occurrence of that vacancy. A person may be selected to fill a prospective vacancy in the city council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
2. No appointment may extend beyond the first regular meeting of the city council which follows the next general municipal election, at which election the office must be filled for the remainder of the unexpired term, or beyond the first regular meeting of the city council after the Tuesday after the first Monday in the next succeeding June in an odd-numbered year, if no general municipal election is held in that year.
κ1989 Statutes of Nevada, Page 2061 (CHAPTER 854, SB 499)κ
an odd-numbered year, if no general municipal election is held in that year.
Sec. 7. Section 1.060 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 301, Statutes of Nevada 1979, at page 451, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
1. A vacancy in the city council or in the office of mayor or municipal judge [shall] must be filled by a majority vote of the members of the city council [, or the remaining members in the case of a vacancy in the city council,] within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the city council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. The appointee [shall] must have the same qualifications as are required of the elective official.
2. No such appointment may extend beyond the [1st] first day of July after the next municipal election, at which election the office [shall] must be filled for the remaining unexpired term.
Sec. 8. Section 1.070 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1963, is hereby amended to read as follows:
Sec. 1.070 Elective offices: Vacancies.
1. A vacancy in the city council or in the office of city attorney or municipal judge [shall] must be filled by a majority vote of the members of the city council [, or the remaining members in the case of a vacancy in the city council,] within 30 days after the occurrence of [such] the vacancy. A person may be selected to fill a prospective vacancy in the city council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. The appointee [shall] must have the same qualifications as are required of the elective official.
2. The appointee shall serve the balance of the term of office to which he is appointed and until his successor is [duly] elected and qualified.
Sec. 9. Section 1.070 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by Assembly Bill No. 416 of this session, is hereby amended to read as follows:
Sec. 1.070 Elective offices; vacancies.
1. A vacancy in the city council, or in the office of city attorney or municipal judge must be filled by appointment of the mayor, subject to confirmation by the city council, [or by the remaining members of the city council in case of vacancy in the council,] within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the city council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. If the majority of the council is unable or refuses for any reason to confirm any appointment made by the mayor within 30 days after the vacancy [occurred,] occurs, the city council shall present to the mayor the names of two qualified persons to fill the vacancy.
κ1989 Statutes of Nevada, Page 2062 (CHAPTER 854, SB 499)κ
council is unable or refuses for any reason to confirm any appointment made by the mayor within 30 days after the vacancy [occurred,] occurs, the city council shall present to the mayor the names of two qualified persons to fill the vacancy. The mayor shall , within 15 days after the presentation , select one of the two qualified persons to fill the vacancy. The appointee must have the same qualification required of the elected official.
2. A vacancy in the office of the mayor must be filled by the mayor pro tempore. The resulting vacancy in the city council must be filled as provided in subsection 1.
3. The appointee or mayor pro tempore, in case of a vacancy in the office of mayor, shall serve until his successor is elected and qualified at the next municipal election to serve the remainder of the unexpired term.
Sec. 10. Section 1.060 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 458, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
1. A vacancy in the board of councilmen or in the office of mayor [shall] must be filled by a majority vote of the members of the board of councilmen [, or the remaining members in the case of a vacancy in the board of councilmen,] within 30 days after the occurrence of [such] the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee [shall] must have the same qualifications as are required of the elective official.
2. No such appointment [shall] may extend beyond the [1st] first Monday in July after the next municipal election, at which election the office [shall] must be filled for the remaining unexpired term.
Sec. 11. Section 9 of this act becomes effective at 12:01 a.m. on October 1, 1989.
________
κ1989 Statutes of Nevada, Page 2063κ
Senate Bill No. 549Committee on Taxation
CHAPTER 855
AN ACT relating to mining reclamation; making technical corrections to Assembly Bill No. 958 of this session to provide that the program for the abatement of hazardous conditions existing at abandoned mine sites must be administered by the department of minerals; and providing other matters properly relating thereto.
[Approved July 5, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 26 of Assembly Bill No. 958 of this session is hereby amended to read as follows:
Sec. 26. 1. An operator who is required by federal law to file a plan of operation, an amended plan of operation or a notice of intent with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after approval of the plan or amended plan, or within 30 days after filing a notice, provide the department of minerals with a copy of the filing and pay the following fee to the department of minerals:
(a) For a plan of operation or an amended plan of operation filed with the United States Bureau of Land Management or the United States Forest Service, the operator shall pay a fee of $20 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed under an amended plan.
(b) For a notice of intent filed with the United States Bureau of Land Management or the United States Forest Service, the operator shall pay a fee of $20.
2. The department of minerals shall adopt by regulation a method of refunding a portion of the fees required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed under the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.
3. All money received by the department of minerals pursuant to subsection 1 must be accounted for separately and used by the department of minerals to create and administer a program for the abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the department of minerals. All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the fund for the department of minerals.
4. On or before February 1 of each odd-numbered year, the department of minerals shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.
κ1989 Statutes of Nevada, Page 2064 (CHAPTER 855, SB 549)κ
Sec. 2. Section 35 of Assembly Bill No. 958 of this session is hereby amended to read as follows:
Sec. 35. 1. This section and sections 17, 26 and 30 to 34, inclusive, of this act, become effective upon passage and approval.
2. The remaining sections of this act become effective on October 1, 1990.
3. The provisions of section 26 of this act expire by limitation on July 1, 1994. Any money in the account for the abatement of hazardous conditions must not be committed for expenditure after June 30, 1994, and must be transferred to the fund for the department of minerals as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 1Assemblymen Dini, Banner, Sedway, Jeffrey and Thompson
CHAPTER 856
AN ACT relating to workmens compensation; requiring the legislative auditor to conduct an operational audit of the states program of workmens compensation; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The legislative auditor shall conduct an operational audit of the program of workmens compensation established pursuant to chapter 616 of NRS.
2. The provisions of NRS 218.737 to 218.890, inclusive, apply to the audit conducted pursuant to subsection 1.
Sec. 2. 1. The department of industrial relations shall transfer from the fund for workers compensation and safety to the audit division of the legislative counsel bureau the sum of $125,000 to carry out the provisions of section 1 of this act.
2. Any remaining balance of the sum transferred pursuant to subsection 1 must not be committed for expenditure after July 30, 1991, and reverts to the fund for workers compensation and safety as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 2065κ
Assembly Bill No. 30Assemblymen Wendell Williams, Arberry, Porter, Jeffrey, Humke, Lambert and Triggs
CHAPTER 857
AN ACT relating to controlled substances; establishing an additional penalty for procuring or soliciting a minor in the commission of certain crimes related to controlled substances; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who procures or solicits a minor as an agent to violate NRS 453.321 or 453.323 shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime committed by the person who procures or solicits the minor and any other additional penalty imposed by statute.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 31Assemblymen Wendell Williams, Swain, Arberry, Porter, Jeffrey, Humke, Lambert and Triggs
CHAPTER 858
AN ACT relating to crimes; establishing an additional penalty for certain crimes; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who commits a felony on a school bus while the bus is engaged in its official duties shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime.
2. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
κ1989 Statutes of Nevada, Page 2066 (CHAPTER 858, AB 31)κ
3. For the purposes of this section, school bus has the meaning ascribed to it in NRS 483.160.
Sec. 2. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless a greater penalty is provided in NRS 453.333 or 453.334, any person who violates NRS 453.321 or 453.323:
(a) On the grounds of a public or private school, a playground, public swimming pool, recreational center for youths or a video arcade;
(b) On a campus of the University of Nevada System;
(c) Within 1,000 feet of the perimeter of such a school ground or campus, playground, pool, recreational center or arcade; or
(d) Within 1,000 feet of a school bus stop from 1 hour before school begins until 1 hour after school ends during scheduled school days,
shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime and any other additional penalty imposed by statute.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. For the purposes of this section:
(a) Playground means any outdoor facility, intended for recreation, open to the public and in any portion thereof containing one or more apparatus intended for the recreation of children, such as a sliding board, teeterboard, sandbox or swingset.
(b) Recreational center for youths means a recreational facility or gymnasium, which regularly provides athletic, civic or cultural activities for persons under 18 years of age.
(c) School bus has the meaning ascribed to it in NRS 483.160.
(d) Video arcade means a facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement which contains a minimum of 10 such machines.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2067κ
Assembly Bill No. 107Assemblymen Arberry, Wendell Williams, Price, Brookman, McGinness, Wisdom, Schofield, Gaston, Sedway, Callister, Bogaert, Chowning, Regan, Triggs, Marvel, Gibbons, Dini, Myrna Williams, Bergevin, DuBois, Adler, Diamond, McGaughey, Freeman, Lambert, Sheerin, Thompson, Evans, Spinello and Jeffrey
CHAPTER 859
AN ACT making an appropriation to the City of North Las Vegas from the reserve fund for the supplemental city-county relief tax for the costs of relocating residents of Windsor Park whose homes are sinking; and providing other matters properly relating thereto.
[Approved July 6, 1989]
whereas, The homes of certain residents in the Windsor Park subdivision in the City of North Las Vegas are sinking; and
whereas, Those residents need financial assistance with the costs associated with relocating; and
whereas, As a result, the City of North Las Vegas is facing an existing and uncontrollable condition which will substantially impair its financial capacity to provide the basic services for which it was created; and
whereas, NRS 354.5988 authorizes special distributions to be made from the reserve fund for the supplemental city-county relief tax if unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the reserve fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 to the City of North Las Vegas the sum of $250,000 for the direct costs of relocating residents of Windsor Park whose homes are sinking.
2. Except as otherwise provided in subsection 3, as soon as practicable after the effective date of this act, the state controller shall transfer the money appropriated by subsection 1 to the city treasurer of the City of North Las Vegas.
3. The state controller shall not transfer money from this appropriation unless the director of the department of taxation informs him that the City of North Las Vegas has presented to the director, on or before June 30, 1990, evidence satisfactory to the director that at least an equal amount is committed for expenditure from a source other than the State of Nevada to support the relocation.
Sec. 2. Any remaining balance of the appropriation made by subsection 1 of section 1 of this act must not be committed for expenditure after the relocation of the residents of Windsor Park whose homes are sinking is completed, and reverts to the reserve fund for the supplemental city-county relief tax as soon as all payments of money committed have been made.
κ1989 Statutes of Nevada, Page 2068 (CHAPTER 859, AB 107)κ
Sec. 3. The City of North Las Vegas shall allocate the money appropriated in section 1 of this act based upon the severity of the need of the residents who must be relocated.
Sec. 4. This act becomes effective on June 30, 1989.
________
Assembly Bill No. 363Assemblymen Triggs, Dini, Jeffrey, Sader, Thompson, Bogaert, Evans, Brookman, Garner, Carpenter, Nevin, Myrna Williams, McGaughey, Diamond, DuBois, Regan, Adler, Callister, Sheerin, Bergevin, Kerns, Gaston, Swain, Humke, Wendell Williams, Freeman, Arberry, Wisdom, Kissam, Price, Spinello, Marvel, Lambert, Spriggs, Porter, Gibbons, McGinness, Fay, Sedway, Chowning and Schofield
CHAPTER 860
AN ACT relating to public welfare; creating the commission on substance abuse education, prevention, enforcement and treatment; creating the office of the coordinator of the program for substance abuse education, prevention, enforcement and treatment; authorizing the department of human resources to accept gifts and grants to establish a program for child care; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires:
1. Commission means the commission on substance abuse education, prevention, enforcement and treatment.
2. Coordinator means the coordinator of the program for substance abuse education, prevention, enforcement and treatment.
Sec. 3. 1. The commission on substance abuse education, prevention, enforcement and treatment is hereby created.
2. The governor shall appoint:
(a) Three members who represent law enforcement and are knowledgeable in the areas of the penal system, parole and probation and the judicial system;
(b) Three members who represent the state board of education, local school districts, teachers and programs for the prevention of abuse of drugs and alcohol;
(c) Three members who are managers of programs which are accredited by the state to treat persons who abuse drugs and alcohol; and
(d) Four members who represent the general public.
3. At least three of the members of the commission must be representatives of northern Nevada, three must be representatives of southern Nevada and three must be representatives of rural Nevada.
κ1989 Statutes of Nevada, Page 2069 (CHAPTER 860, AB 363)κ
4. The director of the department of human resources, superintendent of public instruction, attorney general and director of the department of motor vehicles and public safety are ex officio nonvoting members of the commission. An ex officio member may designate a representative to serve in his place on the commission or to attend a meeting of the commission in his place. Each ex officio member or his representative shall attend each meeting of the commission and provide any information which the commission requests.
5. The term of office of each appointed member of the commission is 2 years.
6. The governor shall appoint one member who is not an elected official to serve as chairman of the commission.
7. Each member of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 4. 1. The commission shall meet at least quarterly or by a call of the chairman or majority of the members of the commission.
2. Seven members of the commission, including at least one member who is a representative of southern Nevada, one member who is a representative of northern Nevada and one member who is a representative of rural Nevada, constitute a quorum.
3. A quorum may exercise all of the powers conferred on the commission.
4. The chairman of the commission may divide the commission into subcommittees. The commission may delegate one or more of the powers conferred on the commission to a subcommittee of the commission.
5. The commission shall prescribe rules for its own management and government.
Sec. 5. 1. The commission may accept gifts, grants, appropriations and donations if its acceptance does not reduce, limit or cause it to be in competition for money normally available to local agencies and community programs, unless otherwise provided by a specific statute.
2. All money received by the commission must be deposited in the fund for substance abuse education, prevention, enforcement and treatment which is hereby created as a special revenue fund.
3. The money in the fund may be used only to:
(a) Make grants to programs for substance abuse education, prevention, enforcement and treatment; and
(b) Carry out the provisions of sections 2 to 9, inclusive, of this act.
4. All claims against the fund must be paid as other claims against the state are paid.
5. Any money received by the commission on the condition that it be expended for a specific purpose must be accounted for separately in the fund.
Sec. 6. The commission shall:
1. Recommend policies and priorities for the use of the money which the state receives from the United States Department of Justice, United States Department of Education or United States Department of Health and Human Services for programs for substance abuse education, prevention, enforcement and treatment.
κ1989 Statutes of Nevada, Page 2070 (CHAPTER 860, AB 363)κ
2. Make grants of available money to programs for substance abuse education, prevention, enforcement and treatment.
Sec. 7. The commission shall:
1. Develop and coordinate a state master plan which must include:
(a) All existing and future plans and reports developed by state and local agencies, task forces, councils, committees and community programs for substance abuse education, prevention, enforcement and treatment;
(b) A summary of the current activities of the commission;
(c) The goals and objectives of the commission;
(d) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and
(e) A statement of the roles of state and local governmental agencies and the private sector in the achievement of the goals and objectives of the commission.
2. Prepare and deliver to the governor on or before September 1 of each year a report which summarizes the status of the state master plan and of the commissions efforts to achieve its goals and objectives.
3. Hold and coordinate public hearings throughout the state as necessary to receive information from the public relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and the enforcement of laws relating to drugs and alcohol.
4. Encourage the creation of state and local task forces, councils and committees relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol and develop procedures to receive information and recommendations from the task forces, councils and committees on a regular basis.
5. Recommend to the governor in its annual report any proposed legislation relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol.
6. Collect, evaluate and disseminate information concerning the performance of the programs for substance abuse education, prevention, enforcement and treatment.
7. Disseminate information concerning any new developments in research or programs for substance abuse education, prevention, enforcement and treatment.
8. Establish a program to recognize publicly persons and programs that have helped to prevent and treat the abuse of drugs and alcohol and enforce laws relating to drugs and alcohol in this state.
Sec. 8. 1. The office of the coordinator of the program for substance abuse education, prevention, enforcement and treatment is hereby created.
2. The governor shall appoint as coordinator a person who has 5 years of experience working in the area of substance abuse education, prevention, enforcement or treatment or administration.
3. The coordinator shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit.
κ1989 Statutes of Nevada, Page 2071 (CHAPTER 860, AB 363)κ
4. The coordinator may employ, within limits of legislative appropriations, such staff as is necessary to the performance of his duties.
5. The coordinator shall:
(a) Provide administrative services for the commission;
(b) Analyze, evaluate and make recommendations for the programs of state agencies, local governments and private organizations relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol according to the goals and objectives of the commission;
(c) Assist local governments and private organizations in coordinating with state agencies and in developing and carrying out programs for substance abuse education, prevention, enforcement and treatment according to the goals and objectives of the commission;
(d) Assist in updating the master plan once each year;
(e) Prepare for and attend all meetings of the commission;
(f) Prepare any reports which the commission requests; and
(g) Locate sources for grants.
6. The director of the department of motor vehicles and public safety shall provide administrative services and office space for the coordinator.
Sec. 9. 1. The coordinator, in consultation with the commission, shall develop guidelines for applications for grants and other funding to ensure consistency with the state master plan.
2. The coordinator, in consultation with the commission, shall review all grants received by the state and its political subdivisions from the Federal Government for programs for substance abuse education, prevention, enforcement and treatment to determine consistency with the state master plan. This review may occur at any time.
Sec. 10. Chapter 432A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Subject to the provisions of chapter 353 of NRS, the department may accept gifts and grants of money, property and services for the establishment of a program for child care.
2. The department shall report to the interim finance committee any applications for, and the receipt of, any gifts or grants pursuant to subsection 1.
Sec. 11. As soon as practicable after July 1, 1989, the governor shall appoint to serve as members of the commission on substance abuse education, prevention, enforcement and treatment:
1. To terms which expire on July 1, 1990:
(a) One member pursuant to paragraph (a);
(b) Two members pursuant to paragraph (b);
(c) One member pursuant to paragraph (c); and
(d) Two members pursuant to paragraph (d),
of subsection 2 of section 3 of this act.
2. To terms which expire on July 1, 1991:
(a) Two members pursuant to paragraph (a);
(b) One member pursuant to paragraph (b);
(c) Two members pursuant to paragraph (c); and
(d) Two members pursuant to paragraph (d),
of subsection 2 of section 3 of this act.
κ1989 Statutes of Nevada, Page 2072 (CHAPTER 860, AB 363)κ
Sec. 12. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 801Committee on Taxation
CHAPTER 861
AN ACT relating to local governmental finances; revising the provisions governing the maximum amount of revenue a local government is allowed to receive from certain taxes; revising the limitations on the amount of certain service charges and fees charged by local governments; revising the provisions governing the distribution of the revenue from the supplemental city-county relief tax; increasing the maximum amount of revenue the town of Laughlin is allowed to receive from certain taxes; requiring the legislative commission to conduct an interim study of taxation in Nevada; and providing other matters properly relating thereto.
[Approved July 6, 1989]
whereas, In 1981, the Nevada Legislature substantially revised the laws governing the financial structure of the local governments in this state; and
whereas, As part of that revision the supplemental city-county relief tax was imposed at the rate of 1.75 percent of taxable sales and a formula was enacted which allocated the revenue from that tax among the local governments; and
whereas, Each local governments property tax rate was reduced by an amount equal to the amount of revenue from the supplemental city-county relief tax that was allocated to that local government; and
whereas, Various other controls were also instituted that limited the amount of revenue which could be received by a local government; and
whereas, Eight years have elapsed since the enactment of these laws and the Nevada Legislature finds that the experience of these years has indicated that it is necessary to make certain changes in the distribution of the revenue from the supplemental city-county relief tax to achieve equity and fairness among the local governments of this state; and
whereas, The Nevada Legislature finds that adjustments such as these are necessary to recognize economic changes that have taken place in the various counties, cities and towns over the years, to recognize the need in some local governments for additional funding for basic services and to provide resources to accommodate expenditures in certain local governments related to community growth; and
Whereas, The legislature finds and declares that a general law cannot be made applicable to the situation because of the economic diversity of the local governments of this state, the unusual growth patterns in certain of those local governments and the special conditions experienced in certain counties related to the need to provide basic services; now, therefore,
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 the provisions set forth as sections 2 to 5, inclusive, of this act.
κ1989 Statutes of Nevada, Page 2073 (CHAPTER 861, AB 801)κ
Sec. 2. Supplemental city-county relief tax distribution factor means the factor used in the distribution of a portion of the revenue from the supplemental city-county relief tax to a local government that is calculated pursuant to the provisions of NRS 377.057.
Sec. 3. 1. In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, when the estimate of the revenue available from the supplemental city-county relief tax as determined by the executive director of the department of taxation pursuant to the provisions of NRS 377.057 is less than 52 percent of the sum of the supplemental city-county relief tax distribution factors of all local governments that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax, the governing body of each local government may levy an additional tax ad valorem for operating purposes. The total tax levied pursuant to this section must not exceed a rate calculated to produce revenue equal to the difference between the amount of revenue from supplemental city-county relief tax estimated to be received by that local government and the tax that it would have been estimated to receive if the estimate for the total revenue available from the tax was equal to 52 percent of the sum of the supplemental city-county relief tax distribution factors of all local governments that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax.
2. Any additional taxes ad valorem levied as a result of the application of this section must not be included in the base from which the allowed revenue from taxes ad valorem for the next subsequent year is computed.
Sec. 4. 1. In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, the board of county commissioners may levy a tax ad valorem on all taxable property in the county at a rate not to exceed 5 cents per $100 of the assessed valuation of the county.
2. The board of county commissioners shall direct the county treasurer to distribute quarterly the proceeds of any tax levied pursuant to the provisions of subsection 1 among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments bears to the sum of the supplemental city-county relief tax distribution factors of all of the local governments in the county that are eligible to receive a portion of the proceeds of this tax.
3. The board of county commissioners shall not reduce the rate of any tax levied pursuant to the provisions of subsection 1 without the approval of each of the local governments that receives a portion of the tax, except that, if a local government declines to receive its portion of the tax in a particular year the levy may be reduced by the amount that local government would have received.
Sec. 5. 1. Each local government that receives a portion of the revenue from the tax levied pursuant to the provisions of section 4 of this act shall establish a special ad valorem capital projects fund and shall deposit all revenue received pursuant to the provisions of section 4 of this act in that fund. All interest and income earned on the money in the fund must also be deposited in the fund.
2. The money in the fund may only be used for:
κ1989 Statutes of Nevada, Page 2074 (CHAPTER 861, AB 801)κ
(a) The purchase of capital assets including land, improvements to land and major items of equipment;
(b) The renovation of existing governmental facilities not including normal recurring maintenance; and
(c) The repayment of short-term financing issued to fund a project described in paragraph (a) or (b).
3. Money may be retained in the fund for not more than 10 years to allow the funding of projects without the issuance of bonds or other obligations. For the purpose of determining the length of time a deposit of money has been retained in the fund, all money withdrawn from the fund shall be deemed to be taken on a first-in, first-out basis.
4. The annual budget and audit report of each local government must specifically identify this fund and must indicate in detail the projects that have been funded with money from the fund. Any planned accumulation of the money in the fund must also be specifically identified.
Sec. 6. NRS 354.476 is hereby amended to read as follows:
354.476 As used in NRS 354.470 to 354.626, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 354.478 to 354.580, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 7. NRS 354.59811 is hereby amended to read as follows:
354.59811 [For] Except as otherwise provided in NRS 354.5982, 354.5987, 354.59871, 354.618, 450.425 and 543.600 and sections 3 and 4 of this act, for each fiscal year beginning on or after July 1, [1983, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount] 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:
1. The rate must be set so that when applied to the current fiscal years assessed valuation of all property which was on the preceding fiscal years assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area or tax increment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year [.] , except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to section 3 of this act in the previous year.
2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year [.]
κ1989 Statutes of Nevada, Page 2075 (CHAPTER 861, AB 801)κ
assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year [.] to determine the allowed revenue from taxes ad valorem for the local government.
Sec. 8. NRS 354.5982 is hereby amended to read as follows:
354.5982 1. The local government may exceed the [respective limits] limit imposed by NRS [354.59805, 354.59811 and 354.59816 upon combined amounts received and] 354.59811 upon the calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.
2. To the [maximum combined revenue otherwise allowable under NRS 354.59805, 354.59811 and 354.59816 to] allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 for a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.
3. If a county takes over the functions previously performed by a local government other than a city which no longer exists, the executive director of the department of taxation shall add to the [maximum allowable] allowed revenue from taxes ad valorem, the [maximum combined allowable revenue] supplemental city-county relief tax distribution factor and the basic ad valorem revenue, respectively, otherwise allowable to that county pursuant to NRS [354.59805, 354.59811, 354.59816] 354.59811 and 377.057, an amount equal to the [maximum allowable] allowed revenue from taxes ad valorem, the [maximum combined allowable revenue] supplemental city-county relief tax distribution factor and the basic ad valorem revenue, respectively, for the last fiscal year of existence of the local government whose functions were assumed.
[4. Distributions of the supplemental city-county relief tax must not be changed because actual collections of taxes ad valorem are greater or less than calculated when those taxes were levied, but any actual revenue received from taxes ad valorem, excluding revenue attributable to the net proceeds of minerals and delinquent payments of taxes, in excess of the maximum allowable combined revenue must not be expended during the fiscal year in which collected, and must be subtracted from the result obtained under subsection 2 of NRS 354.59805 to reduce the maximum amount of revenue which may be derived from taxes ad valorem in the next fiscal year for which the tax rates are certified. On or before January 1 of each year, each county treasurer shall submit a report of the excess ad valorem receipts for the prior year to the department of taxation, in the manner prescribed by the department. The executive director of the department of taxation shall withhold all revenue from the supplemental city-county relief tax otherwise payable to the county until an accurate and complete report is submitted.
κ1989 Statutes of Nevada, Page 2076 (CHAPTER 861, AB 801)κ
from the supplemental city-county relief tax otherwise payable to the county until an accurate and complete report is submitted.
5. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.]
Sec. 9. 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] 354.59811 and 377.057, the allowed revenue from taxes ad valorem and the supplemental city-county relief tax distribution factor of any local government:
(a) Which comes into being on or after July 1, [1983,] 1989, whether newly created, consolidated, or both; or
(b) Which was in existence before July 1, [1983,] 1989, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, [1981,] 1989,
must be initially established by the Nevada tax commission.
2. Except as otherwise provided in subsection 4, if the local government for which the [maximum allowable combined revenue is] allowed revenue from taxes ad valorem and the supplemental city-county relief tax distribution factor are 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,] supplemental city-county relief tax distribution factor, the basic revenue from taxes ad valorem and the [revenues] allowed revenue 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] allowed revenue from taxes ad valorem and the supplemental city-county relief tax distribution factor of all local governments in the county, [to which the limits imposed by NRS 354.59805 and 354.59816 apply,] determined pursuant to NRS 354.59811 and 377.057, 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] allowed revenue from taxes ad valorem and the supplemental city-county relief tax distribution factor 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. 10. NRS 354.59871 is hereby amended to read as follows:
354.59871 1. The Nevada tax commission shall, upon request by the board of county commissioners, establish a rate for the levy of taxes ad valorem to provide aid and relief for indigent persons in a county in which there was no levy adopted for that purpose in the fiscal year ending June 30, 1971. The revenue collected from the taxes so levied must not exceed $54,000.
κ1989 Statutes of Nevada, Page 2077 (CHAPTER 861, AB 801)κ
2. The revenue received from the rate established by the Nevada tax commission pursuant to subsection 1 must be added to the [maximum:
(a) Amount of] :
(a) Allowed revenue from taxes ad valorem [;] determined pursuant to NRS 354.59811; and
(b) [Allowable combined revenue from the supplemental city-county relief tax and taxes ad valorem,] Supplemental city-county relief tax distribution factor,
for that county.
Sec. 11. NRS 354.5988 is hereby amended to read as follows:
354.5988 1. [If actual receipts from the supplemental city-county relief tax for any fiscal year exceed the estimate previously made by the executive director of the department of taxation, the excess receipts must be deposited in the reserve fund for the supplemental city-county relief tax which is hereby created in the state treasury. If the amount of the supplemental city-county relief tax otherwise distributable to a local government exceeds the combined amount allowable to it from the supplemental city-county relief tax and taxes ad valorem, the excess must be distributed to the other local governments in the county in the proportion that the maximum allowable revenue of each local government in that county bears to the total maximum allowable revenue of all local governments in that county excluding those governments whose share of the proceeds of the tax exceeded their maximum allowable revenue. If the proceeds of the tax exceed the maximum allowable revenue for all local governments within a county, the excess must be deposited in the reserve fund for the supplemental city-county relief tax. Money in this fund must not be used for any purpose other than distribution to local governments pursuant to this section. The interest earned upon the money in the fund must be added to the principal of the fund.
2. Except as provided in subsections 3 and 4, the money in this fund must be used to increase the distribution to local governments when the actual receipts from the supplemental city-county relief tax are less than the estimates previously made by the director of the department of taxation. Whenever the sum of the money in the fund at the beginning of any fiscal year and any money which will accrue to the fund from revenues of the preceding fiscal year exceeds $12,500,000, this excess must be distributed to local governments in the following fiscal year in the same proportion as current receipts are distributed for that fiscal year, except that the distribution to each local government must be so limited that it does not receive from this distribution, from distributions pursuant to NRS 377.057 and from taxes ad valorem a total amount greater than its maximum allowable combined revenue. This distribution must be included in the executive directors estimate of money to be received by each local government from the supplemental city-county relief tax.
3. The interim finance committee may direct the state controller to make a special distribution from the fund if it determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created, but:
κ1989 Statutes of Nevada, Page 2078 (CHAPTER 861, AB 801)κ
(a) Until the balance in the fund reaches $10,000,000 no such distribution may be made; and
(b) The next $2,500,000 transferred into the fund is available for distribution pursuant to this subsection.] The emergency fund of the supplemental city-county relief tax is hereby created in the state treasury. The interim finance committee may direct the state controller to make a special distribution from the fund if it determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created. [In making such a determination, the committee shall consider the recommendation of the executive director of the department of taxation. The executive director and the committee shall consider, without limitation, the effect of a sudden and unusual decrease in population served, a decrease in total revenue of at least 5 percent, and natural disasters. The committee shall consider the general economic condition of the community and of the state and the effect of each proposal on the taxpayer, and make written findings of the facts supporting the distribution. The total amount which may be distributed pursuant to this subsection must not exceed 25 percent of the amount in the fund at the beginning of that fiscal year.
4.] No single special distribution may be made from the fund in an amount that exceeds $400,000.
2. The recipient of any special distribution from the fund made pursuant to subsection 1 shall report to the interim finance committee upon the expenditure of the money at such times and in such detail as is required by the interim finance committee. Any money distributed pursuant to subsection 1 that is not expended for the purpose for which it was distributed reverts to the fund at such time as is specified by the interim finance committee.
3. The interim finance committee may direct the state controller to make a special distribution from the fund to a newly created city after the incorporation has been approved by the voters and officers have been elected, and before the effective date of the incorporation, if it determines that the money is needed for expenses incurred by the city that must be paid before the effective date of the incorporation of the city, including salaries and expenses of the officers and other administrative costs. The money must be distributed in the form of a loan and must be repaid to the fund by the city from revenue received after the effective date of the incorporation upon terms set by the interim finance committee.
Sec. 12. NRS 354.5989 is hereby amended to read as follows:
354.5989 1. [Except as otherwise provided in NRS 354.59891, a] A local government shall not increase any fee for a business license [or permit] or adopt a fee for a business license [or permit, including without limitation every license or permit] issued for revenue or regulation, or both, [such as business licenses, liquor licenses, gaming licenses, and building and zoning permits,] except as permitted by this section. This prohibition does not apply to fees [imposed by] :
(a) Imposed by hospitals, county airports, airport authorities, convention authorities, the Las Vegas Valley Water District or the Clark County Sanitation District [.] ;
κ1989 Statutes of Nevada, Page 2079 (CHAPTER 861, AB 801)κ
(b) Imposed on public utilities for the privilege of doing business pursuant to a franchise; or
(c) For business licenses which are calculated as a fraction or percentage of the gross revenue of the business.
2. The amount of revenue [derived by the local government] the local government derives or is allowed to derive, whichever is greater, from all fees for business licenses except those excluded by subsection 1, for the fiscal year ended on June 30, [1982,] 1989, is the base from which the maximum allowable revenue from such fees must be calculated for the next subsequent [years.] year. To the base must be added the sum of the amounts respectively equal to the product of the base multiplied by [:
(a) Eighty percent of the proportionate increase in the Consumer Price Index from January 1, 1982, to January 1 next preceding the fiscal year for which the calculation is made; and
(b) The quotient of the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls since July 1, 1982, divided by the total assessed valuation, for the fiscal year next preceding the one for which the calculation is made, of all property except that new property added.] the percentage increase in the supplemental city-county relief tax distribution factor of the local government for the current year over that factor for the preceding year. The amount so determined becomes the base for computing the allowed increase for each subsequent year.
3. A local government may not increase any fee for a business license [or permit] which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding [calendar] fiscal year by [80 percent or more of] more than the increase in the Consumer Price Index during that preceding calendar year.
4. [If the executive director of the department of taxation excludes fees for building permits from the maximum allowable revenue from fees of a local government pursuant to NRS 354.59891, he shall decrease the maximum allowable revenue from fees established pursuant to this section for that local government by an amount equal to the portion of the total fees otherwise allowable which was attributable to fees for building permits.
5.] A local government may submit an application to increase its revenue from fees for business licenses beyond the [maximum] amount allowable under this section to the Nevada tax commission, which may grant the application only if it finds that [under] :
(a) Under the circumstances a special distribution could be made from the [reserve fund for] emergency fund of the supplemental city-county relief tax and only to the extent that these circumstances are not relieved by such a distribution [.
6.] ; or
(b) The rate of a business license of the local government is substantially below that of other local governments in the state.
5. The provisions of this section apply to any business license [or permit for any purpose] regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of the provisions of this section is void.
κ1989 Statutes of Nevada, Page 2080 (CHAPTER 861, AB 801)κ
Sec. 13. NRS 354.59891 is hereby amended to read as follows:
354.59891 1. [The executive director of the department of taxation may exclude the fees charged by a local government for building permits from the limit on the maximum allowable revenue from fees established pursuant to NRS 354.5989, upon] As used in this section:
(a) Building permit basis means the combination of the rate and the valuation method used to calculate the total building permit fee.
(b) Building permit means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.
(c) Building permit fee means the total fees that must be paid before the issuance of a building permit, including without limitation, all permit fees and inspection fees. The term does not include, without limitation, fees relating to water, sewer or other utilities, residential construction tax or any amount expended to change the zoning of the property.
2. Except as otherwise provided in subsections 3 and 4, a local government shall not increase its building permit basis by more than an amount equal to the building permit basis on June 30, 1989, multiplied by a percentage equal to the percentage increase in the consumer price index from January 1, 1988, to the January 1 next preceding the fiscal year for which the calculation is made.
3. A local government may submit an application to increase its building permit basis by an amount greater than otherwise allowable pursuant to subsection 2 to the Nevada tax commission. The Nevada tax commission may allow the increase only if it finds that:
(a) Under the circumstances a special distribution could be made from the emergency fund of the supplemental city-county relief tax and only to the extent that the circumstances are not relieved by such a distribution; or
(b) The building permit basis of the local government is substantially below that of other local governments in the state and the cost of providing the services associated with the issuance of building permits in the previous fiscal year exceeded the total revenue received from building permit fees, excluding any amount of residential construction tax collected, for that fiscal year.
4. Upon application by [the] a local government, [if the] the Nevada tax commission shall exempt the local government from the limitation on the increase of its building permit basis if:
(a) The local government creates an enterprise fund exclusively for fees for building permits [.
2. If fees for building permits are excluded from the maximum allowable revenue from fees of a local government pursuant to the provisions of this section:
(a)] ;
(b) Any interest or other income earned on the money in the enterprise fund [must be] is credited to the fund; and
[(b)] (c) The local government [shall] does not use any of the money in the enterprise fund for any purpose other than the actual direct and indirect costs of the program for the issuance of building permits, including without limitation, the cost of checking plans, issuing permits, inspecting buildings and administering the program.
κ1989 Statutes of Nevada, Page 2081 (CHAPTER 861, AB 801)κ
administering the program. The executive director of the department of taxation shall adopt regulations governing the permissible expenditures from an enterprise fund pursuant to this paragraph.
Sec. 14. NRS 354.618 is hereby amended to read as follows:
354.618 1. If the public interest requires short-term financing, the governing body of any local government, by a resolution adopted by two-thirds of its members, may authorize short-term financing. The resolution must contain:
(a) A finding by the governing body that the public interest requires the short-term financing; and
(b) A statement of the facts upon which the finding is based.
2. Except as provided in subsection 3, before the adoption of any such resolution, the governing body shall publish notice of its intent to act thereon in a newspaper of general circulation for a least one publication. No vote may be taken upon [such] the resolution until 10 days after the publication of the notice. The cost of publication of the notice required of an entity is a proper charge against its general fund.
3. In school districts having less than 100 pupils in average daily attendance the publication of the resolution may be made by posting conspicuously, in three different places in the school district, a notice containing in full the short-term financing resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution. Posting of the notice must be made not less than 10 days previous to the date fixed in the resolution for action thereon.
4. If the short-term financing is for a capital expenditure for public safety, the governing body may in its resolution request the approval of the Nevada tax commission to repay it from the proceeds of a special tax that is exempt from the limitation on [levy of] allowed revenue from taxes ad valorem imposed by NRS [354.59805, 354.59811 and 354.59816.] 354.59811.
Sec. 15. NRS 244A.773 is hereby amended to read as follows:
244A.773 The board may, upon approval of the voters of the county, levy and collect, from year to year, a tax ad valorem on all taxable property in the district. The district is exempt from the [limitations] limitation imposed by NRS [354.59805, 354.59811 and 354.59816.] 354.59811.
Sec. 16. NRS 268.773 is hereby amended to read as follows:
268.773 The council, upon approval of the voters of the city, may levy and collect, from year to year, a tax ad valorem on all taxable property in the district. The district is exempt from the [limitations] limitation imposed by NRS [354.59805, 354.59811 and 354.59816.] 354.59811.
Sec. 17. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
κ1989 Statutes of Nevada, Page 2082 (CHAPTER 861, AB 801)κ
Percent-
Political Subdivision age
Churchill County............................................................................................. 3.23
City of North Las Vegas................................................................................ 46.52
City of Carlin................................................................................................... 2.72
Esmeralda County.......................................................................................... .20
Eureka County................................................................................................ .71
City of Winnemucca...................................................................................... 5.56
City of Caliente............................................................................................... .46
City of Yerington............................................................................................. 4.77
Mineral County............................................................................................... 9.96
City of Gabbs................................................................................................... 4.31
Pershing County.............................................................................................. 2.52
City of Lovelock............................................................................................. 5.77
White Pine County.......................................................................................... 5.37
City of Ely........................................................................................................ 7.90
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding year, this amount must be reduced by $7,111 from the preceding year.
(b) For the fiscal years beginning on and after July 1, 1990, deposit in the emergency fund of the supplemental city-county relief tax the monthly amount required to replenish that fund as determined by the executive director. On or before July 10 of each year the executive director shall determine the balance that existed in the emergency fund of the supplemental city-county relief tax as of June 30 of the preceding fiscal year and subtract that amount from $2,500,000 to determine the annual amount necessary to replenish the emergency fund. Upon determining the amount necessary to replenish the fund, the executive director shall divide that amount by 12 to determine the monthly amount required to replenish the fund and report that amount to the state controller.
(c) Distribute to each local government that is eligible to receive a portion of the tax, the amount calculated for it by the department of taxation pursuant to subsection 2.
2. [The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable combined revenue, as determined pursuant to NRS 354.59805 and 354.59816, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible.] The amount remaining each month after any distributions required pursuant to NRS 377.053 and paragraphs (a) and (b) of subsection 1 must be distributed to the counties in the same proportion that the sum of the supplemental city-county relief tax distribution factors of the county and all local governments in the county that are eligible to receive the tax bears to the sum of the supplemental city-county relief tax distributions factors of all local governments in the state that are eligible to receive the tax. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments .
κ1989 Statutes of Nevada, Page 2083 (CHAPTER 861, AB 801)κ
a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments . [except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.]
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of minerals and assessed valuation of state property included in the calculation of [maximum allowable combined revenue pursuant to subsection 2 of NRS 354.59816,] the supplemental city-county relief tax factor, for the fiscal year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district and any district created under chapter 318 of NRS to furnish emergency medical services.
(c) Of a local government listed in subsection 1 of NRS 354.59873 does not include any increase in the basic ad valorem revenue pursuant to that section.
4. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
5. For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
(a) The Santini-Burton Act, Public Law 96-586; or
(b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
6. For each fiscal year beginning on or after July 1, 1989, the supplemental city-county relief tax distribution factor of each local government that is eligible to receive a portion of the revenue from the supplemental city-county relief tax must be calculated as follows:
(a) The assessed valuation of the local government for the preceding fiscal year including the assessed valuation of property on the central assessment roll allocated to a local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding any assessed valuation attributable to the net proceeds of minerals, must be added to an amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year.
κ1989 Statutes of Nevada, Page 2084 (CHAPTER 861, AB 801)κ
roll allocated to a local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding any assessed valuation attributable to the net proceeds of minerals, must be added to an amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed valuation of new real property, possessory interests and mobile homes added to the assessment rolls in the past year and allocable to the local government.
(b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation including the assessed valuation of property on the central assessment roll allocable to the local government but excluding any assessed valuation attributable to the net proceeds of minerals, is the percentage by which the supplemental city-county relief tax distribution factor may increase over the amount for the previous year.
7. For the fiscal years beginning on and after July 1, 1990, if the assessed valuation of all real property, possessory interests and mobile homes owned by the state within the boundaries of a local government, except a fire protection district to which the provisions of subsection 3 apply, exceeds 5 percent of the total assessed valuation of the local government, an amount equal to any increase over the preceding fiscal year in the assessed valuation of all real property, possessory interests and mobile homes that are owned by the state, exempt from taxation and within the boundaries of the local government must be added to the sum determined pursuant to paragraph (a) of subsection 6 and used in the calculation required by that subsection in the same manner as the assessed value of new real property.
8. The county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the supplemental city-county relief tax distribution factor of any fire protection district in which such property is located.
9. If a local government that is eligible to receive a portion of the revenue from the supplemental city-county relief tax levies a tax ad valorem for debt service for an obligation which has previously been repaid from another source, the supplemental city-county relief tax distribution factor of that local government calculated pursuant to this section must be reduced by the amount of that debt levy.
10. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the supplemental city-county relief tax distribution factor for the county calculated pursuant to this section must be reduced by an equal amount.
11. On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.
12. On or before March 15 of each year, the executive director shall:
κ1989 Statutes of Nevada, Page 2085 (CHAPTER 861, AB 801)κ
(a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and
(b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
13. A local government may use the estimate provided by the executive director pursuant to subsection 12 in the preparation of its budget.
Sec. 18. NRS 439B.340 is hereby amended to read as follows:
439B.340 1. Before September 30 of each year, each county in which hospitals subject to the provisions of NRS 439B.300 to 439B.340, inclusive, are located shall provide to the division a report showing:
(a) The total number of indigent inpatients treated by each such hospital;
(b) The number of such patients for whom no reimbursement was provided by the county because of the limitation imposed by subsection 3 of NRS 439B.320;
(c) The total amount paid to each such hospital for treatment of such patients; and
(d) The amount the hospital would have received for patients for whom no reimbursement was provided.
2. The administrator shall verify the amount of treatment provided to indigent inpatients by each hospital to which no reimbursement was provided by:
(a) Multiplying the number of indigent inpatients who received each type of treatment by the highest amount paid by the county for that treatment; and
(b) Adding the products of the calculations made pursuant to paragraph (a) for all treatment provided.
If the total amount of treatment provided to indigent inpatients in the previous fiscal year by the hospital was less than its minimum obligation for the year, the director shall assess the hospital for the amount of the difference between the minimum obligation and the actual amount of treatment provided by the hospital to indigent inpatients.
3. If the administrator determines that a hospital which did not receive any payment from the county for treatment of indigent inpatients has met its obligation to provide such treatment, he shall notify the county of all treatment provided by the hospital after it met its obligation and the dates on which the treatment was provided. The county shall pay the hospital for such treatment within 30 days after receipt of the notice to the extent that money was available for payment pursuant to NRS 428.050, 428.285 and 450.425 at the time the treatment was provided.
4. The director shall determine the amount of the assessment which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. Payment is due 30 days after receipt of the notice. If a hospital fails to pay the assessment when it is due the hospital shall pay, in addition to the assessment:
(a) Interest at a rate of 1 percent per month for each month after the assessment is due in which it remains unpaid; and
(b) Any court costs and fees required by the director to obtain payment of the assessment and interest from the hospital.
κ1989 Statutes of Nevada, Page 2086 (CHAPTER 861, AB 801)κ
5. Any money collected pursuant to this section must be paid to the county in which the hospital paying the assessment is located for use in paying other hospitals in the county for the treatment of indigent inpatients by those hospitals. The money received by a county from assessments made pursuant to this section does not constitute revenue from taxes ad valorem for the purposes of NRS [354.59805, 354.59811, 354.59816,] 354.59811, 428.050, 428.285 and 450.425, and must be excluded in determining the maximum rate of tax authorized by those sections.
Sec. 19. NRS 450.425 is hereby amended to read as follows:
450.425 1. The board of county commissioners of a county in which a public hospital is located may, upon approval by a majority of the voters voting on the question in an election held throughout the county, levy an ad valorem tax of not more than 2.5 cents on each $100 of assessed valuation upon all taxable property in the county, to pay the cost of services rendered by the hospital pursuant to subsection 3 of NRS 450.420. The approval required by this subsection may be requested at any general or special election.
2. Any tax imposed pursuant to this section is in addition to the taxes imposed pursuant to NRS 428.050 and 428.285. The proceeds of any tax levied pursuant to this section are exempt from the limitations imposed by NRS 354.59811, 428.050 [, 428.285, 354.59805, 354.59811 and 354.59816,] and 428.285 and must be excluded in determining the maximum rate of tax authorized by those sections.
Sec. 20. NRS 543.600 is hereby amended to read as follows:
543.600 1. In a county whose population is 250,000 or more, the board of county commissioners shall hold public hearings before deciding which one or combination of the powers set forth in subsections 2 and 3 is to be used to provide revenue for the support of the district. The method selected must be approved, in an election held throughout the district, by a majority of the voters voting on the question.
2. The board of county commissioners in such a county may levy and collect taxes ad valorem upon all taxable property in the county. This levy is not subject to the limitations imposed by NRS [354.59805 to 354.5987, inclusive.] 354.59811. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of revenue from the supplemental city-county relief tax.
3. The board of county commissioners in such a county may impose a tax of not more than 0.25 percent on retail sales and the storage, use or other consumption of tangible personal property in the county. The ordinance imposing this tax must conform, except as to amount, to the requirements of chapter 377 of NRS and the tax must be paid as provided in that chapter.
4. In any other county, the board of county commissioners may only levy taxes ad valorem upon all taxable property in the district.
5. In any county, the board of directors may use any other money, including federal revenue sharing, that is made available to the district.
Sec. 21. Section 3 of chapter 113, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 3. NRS 244A.773 is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 2087 (CHAPTER 861, AB 801)κ
244A.773 The board [may,] shall, upon the approval of the voters of the county [,] pursuant to NRS 244A.767 and section 1 of this act, levy and collect, from year to year, a tax ad valorem on all taxable property in the district. The district is exempt from the limitation imposed by NRS 354.59811.
Sec. 22. Section 5 of chapter 113, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 5. NRS 268.773 is hereby amended to read as follows:
268.773 The council, upon the approval of the voters of the city [,] pursuant to NRS 268.767, may levy and collect, from year to year, a tax ad valorem on all taxable property in the district. The district is exempt from the limitation imposed by NRS 354.59811.
Sec. 22.1. Section 1 of Assembly Bill No. 599 of this session is hereby amended to read as follows:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3 of NRS 354.5982 and subsection 2 of NRS 354.5987, if one local government takes over a function or provides a service previously performed by another local government pursuant to an agreement between the local governments, upon petition by the participating local governments, the executive director of the department of taxation shall:
(a) Reduce the [maximum allowable] allowed revenue from taxes ad valorem calculated pursuant to NRS 354.59811 of the local government which previously performed the function or provided the service, for the first year the service is provided or the function is performed by an amount equal to the cost of performing the function or providing the service; and
(b) Increase the [maximum allowable] allowed revenue from taxes ad valorem calculated pursuant to NRS 354.59811 of the local government which assumed the performance of the function or the provision of the service, for the first year the service is provided or the function is performed by an amount equal to the amount by which the reduction was made pursuant to paragraph (a).
2. The changes required by subsection 1 do not apply to the calculations required by NRS [354.59816 and] 377.057. In addition to the changes required by subsection 1, the executive director of the department of taxation shall make any other adjustments necessary to ensure that there is no fiscal impact upon either local government in the calculations required by NRS [354.59816 and] 377.057 as a result of the changes required by subsection 1.
Sec. 22.2. Section 1 of Assembly Bill No. 23 of this session is hereby amended to read as follows:
Section 1. NRS 354.5982 is hereby amended to read as follows:
354.5982 1. The local government may exceed the limit imposed by NRS 354.59811 upon the calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose.
κ1989 Statutes of Nevada, Page 2088 (CHAPTER 861, AB 801)κ
the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.
2. To the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 for a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.
3. [If a county takes] Except as otherwise provided in this subsection, if one or more local governments take over the functions previously performed by a local government [other than a city] which no longer exists, the [executive director of the department of taxation] Nevada tax commission shall add to the allowed revenue from taxes ad valorem, the supplemental city-county relief tax distribution factor and the basic ad valorem revenue, respectively, otherwise allowable to [that county] the local government or local governments pursuant to NRS 354.59811 and 377.057, an amount equal to the allowed revenue from taxes ad valorem, the supplemental city-county relief tax distribution factor and the basic ad valorem revenue, respectively, for the last fiscal year of existence of the local government whose functions were assumed. If more than one local government assumes the functions, the additional revenue must be divided among the local governments on the basis of the proportionate costs of the functions assumed. The Nevada tax commission shall not allow any increase in the allowed revenue from taxes ad valorem, supplemental city-county relief tax distribution factor or basic ad valorem revenue if the increase would result in a decrease in revenue of any local government in the county which does not assume those functions.
Sec. 22.3. Section 1 of Assembly Bill No. 25 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 354.59811 and 377.057, the allowed revenue from taxes ad valorem and the supplemental city-county relief tax distribution factor of any local government:
(a) Which comes into being on or after July 1, 1989, whether newly created, consolidated, or both; or
(b) Which was in existence before July 1, 1989, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, 1989,
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 allowed revenue from taxes ad valorem and the supplemental city-county relief tax distribution factor are 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 supplemental city-county relief tax distribution factor, the basic revenue from taxes ad valorem and the allowed revenue from taxes ad valorem 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.
κ1989 Statutes of Nevada, Page 2089 (CHAPTER 861, AB 801)κ
extent necessary to] achieve this result, the Nevada tax commission shall [subtract from the supplemental city-county relief tax distribution factor, the basic revenue from taxes ad valorem and the allowed revenue from taxes ad valorem 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 supplemental city-county relief tax distribution factor of that local government;
(b) Apply the percentage determined pursuant to paragraph (a) to the basic ad valorem revenue and to the allowed revenue from taxes ad valorem and subtract those amounts respectively from the basic ad valorem revenue and from the allowed revenue from taxes ad valorem of the predecessor local government; and
(c) Then subtract from the supplemental city-county relief tax distribution factor of each predecessor local government, the prior cost of performing the function.
The basic ad valorem revenue, allowed revenue from taxes ad valorem and supplemental city-county relief tax distribution factor, 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, allowed revenue from taxes ad valorem and supplemental city-county relief tax distribution factor, respectively, of all of the predecessor local governments.
3. If the local government for which the supplemental city-county relief tax distribution factor is to be established pursuant to subsection 1 is a city, the Nevada tax commission shall:
(a) Using the supplemental city-county relief tax distribution factor of the town replaced by the city, if any, as a basis, set the supplemental city-county relief tax distribution factor 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 supplemental city-county relief tax distribution factor 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 supplemental city-county relief tax distribution factors of the county and the city;
κ1989 Statutes of Nevada, Page 2090 (CHAPTER 861, AB 801)κ
maximum supplemental city-county relief tax distribution factors 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 allowed revenue from taxes ad valorem of the county the allowed revenue from taxes ad valorem 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 supplemental city-county relief tax distribution factor.
4. In any other case, except as otherwise provided in subsection [4,] 6, the allowed revenue from taxes ad valorem and the supplemental city-county relief tax distribution factor of all local governments in the county, determined pursuant to NRS 354.59811 and 377.057, 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 allowed revenue from taxes ad valorem 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 among the local governments in the county required by NRS 377.057 for each year following the year in which the amount was established or changed.
6. In establishing the allowed revenue from taxes ad valorem and the supplemental city-county relief tax distribution factor 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 the allowed revenue from taxes ad valorem and the supplemental city-county relief tax distribution factors are being established pursuant to subsection 1.
Sec. 22.4. Section 2 of Assembly Bill No. 25 is hereby amended to read as follows:
Sec. 2. NRS 377.057 is hereby amended to read as follows:
κ1989 Statutes of Nevada, Page 2091 (CHAPTER 861, AB 801)κ
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
Percent-
Political Subdivision age
Churchill County................................................................................ 3.23
City of North Las Vegas................................................................... 46.52
City of Carlin...................................................................................... 2.72
Esmeralda County............................................................................. .20
Eureka County................................................................................... .71
City of Winnemucca......................................................................... 5.56
City of Caliente.................................................................................. .46
City of Yerington................................................................................ 4.77
Mineral County.................................................................................. 9.96
City of Gabbs...................................................................................... 4.31
Pershing County................................................................................. 2.52
City of Lovelock................................................................................ 5.77
White Pine County............................................................................. 5.37
City of Ely........................................................................................... 7.90
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) For the fiscal years beginning on and after July 1, 1990, deposit in the emergency fund of the supplemental city-county relief tax the monthly amount required to replenish that fund as determined by the executive director. On or before July 10 of each year the executive director shall determine the balance that existed in the emergency fund of the supplemental city-county relief tax as of June 30 of the preceding fiscal year and subtract that amount from $2,500,000 to determine the annual amount necessary to replenish the emergency fund. Upon determining the amount necessary to replenish the fund, the executive director shall divide that amount by 12 to determine the monthly amount required to replenish the fund and report that amount to the state controller.
(c) Distribute to each local government that is eligible to receive a portion of the tax, the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The amount remaining each month after any distributions required pursuant to NRS 377.053 and paragraphs (a) and (b) of subsection 1 must be distributed to the counties in the same proportion that the sum of the supplemental city-county relief tax distribution factors of the county and all local governments in the county that are eligible to receive the tax bears to the sum of the supplemental city-county relief tax distribution factors of all local governments in the state that are eligible to receive the tax [.]
κ1989 Statutes of Nevada, Page 2092 (CHAPTER 861, AB 801)κ
county and all local governments in the county that are eligible to receive the tax bears to the sum of the supplemental city-county relief tax distribution factors of all local governments in the state that are eligible to receive the tax [.] , except that, only the portion of the supplemental city-county relief tax distribution factor of a city incorporated after July 1, 1988, which is attributable to any town that the city replaced may be included in the total of the supplemental city-county relief tax distribution factors of the local governments in the county and the state. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government , except as otherwise provided in subsection 5 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of minerals and assessed valuation of state property included in the calculation of the supplemental city-county relief tax factor, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district and any district created under chapter 318 of NRS to furnish emergency medical services.
(c) Of a local government listed in subsection 1 of NRS 354.59873 does not include any increase in the basic ad valorem revenue pursuant to that section.
4. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
5. For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
κ1989 Statutes of Nevada, Page 2093 (CHAPTER 861, AB 801)κ
(a) The Santini-Burton Act, Public Law 96-586; or
(b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
6. For each fiscal year beginning on or after July 1, 1989, the supplemental city-county relief tax distribution factor of each local government that is eligible to receive a portion of the revenue from the supplemental city-county relief tax must be calculated as follows:
(a) The assessed valuation of the local government for the preceding fiscal year including the assessed valuation of property on the central assessment roll allocated to a local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding any assessed valuation attributable to the net proceeds of minerals, must be added to an amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed valuation of new real property, possessory interests and mobile homes added to the assessment rolls in the past year and allocable to the local government.
(b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation including the assessed valuation of property on the central assessment roll allocable to the local government but excluding any assessed valuation attributable to the net proceeds of minerals, is the percentage by which the supplemental city-county relief tax distribution factor may increase over the amount for the previous year.
7. For the fiscal years beginning on and after July 1, 1990, if the assessed valuation of all real property, possessory interests and mobile homes owned by the state within the boundaries of a local government, except a fire protection district to which the provisions of subsection 3 apply, exceeds 5 percent of the total assessed valuation of the local government, an amount equal to any increase over the preceding fiscal year in the assessed valuation of all real property, possessory interests and mobile homes that are owned by the state, exempt from taxation and within the boundaries of the local government must be added to the sum determined pursuant to paragraph (a) of subsection 6 and used in the calculation required by that subsection in the same manner as the assessed value of new real property.
8. The county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the supplemental city-county relief tax distribution factor of any fire protection district in which such property is located.
9. If a local government that is eligible to receive a portion of the revenue from the supplemental city-county relief tax levies a tax ad valorem for debt service for an obligation which has previously been repaid from another source, the supplemental city-county relief tax distribution factor of that local government calculated pursuant to this section must be reduced by the amount of that debt levy.
κ1989 Statutes of Nevada, Page 2094 (CHAPTER 861, AB 801)κ
10. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the supplemental city-county relief tax distribution factor for the county calculated pursuant to this section must be reduced by an equal amount.
11. On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.
12. On or before March 15 of each year, the executive director shall:
(a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and
(b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
13. A local government may use the estimate provided by the executive director pursuant to subsection 12 in the preparation of its budget.
Sec. 22.5. Section 5 of Assembly Bill No. 333 of this session is hereby amended to read as follows:
Sec. 5. 1. A local governmental officer or agency that is required to approve a project shall file a report of each project the officer or agency approves on a form provided by the administrator.
2. Each report of an approved project must include:
(a) The name and mailing address of the owner or developer of the project;
(b) A legal description of the location of the project;
(c) A description of the project, including a summary of the amount of water required annually for the project;
(d) A statement concerning how the water will be supplied; and
(e) If the water is self-supplied, the source of the water and identification of the water rights.
3. A local governmental officer or agency may require the owner or developer of an approved project to fill out the report.
4. The local governmental officer or agency shall file all reports for projects approved during a quarter of a calendar year on or before 15 days after the last day of the quarter. The local governmental officer or agency shall submit a fee with each report in the amount of $75 plus 50 cents per acre-foot of water, or fraction thereof, required by the project. The local governmental officer or agency shall collect the fee from the owner or developer of the project, plus an additional administrative fee of $10 which may be retained by the local government. [The administrative fee is not subject to the limitations in NRS 354.5989.]
5. The administrator shall deposit all fees he receives pursuant to this section with the state treasurer for credit to the state general fund.
κ1989 Statutes of Nevada, Page 2095 (CHAPTER 861, AB 801)κ
Sec. 22.6. Section 1 of Assembly Bill No. 24 of this session is hereby amended to read 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] allowed revenue from taxes ad valorem and the supplemental city-county relief tax distribution factor of the local government.
Sec. 22.7. Section 4 of Senate Bill No. 197 of this session is hereby amended to read as follows:
Sec. 4. For the fiscal year beginning on July 1, 1989, if the assessed valuation of all real property, possessory interests and mobile homes owned by the state within the boundaries of a local government exceeds 5 percent of the total assessed valuation of the local government, an amount equal to the assessed valuation of all real property, possessory interests and mobile homes that are owned by the state, exempt from taxation and within the boundaries of the local government must be added to the sum determined pursuant to paragraph (a) of subsection [1 of NRS 354.59816] 6 of NRS 377.057 and used in the calculation required by that subsection in the same manner as the assessed value of new real property.
Sec. 22.8. Section 5 of Senate Bill No. 197 of this session is hereby amended to read as follows:
Sec. 5. The executive director of the department of taxation shall increase the [maximum allowable] allowed revenue from taxes ad valorem of a local government whose revenue from the supplemental city-county relief tax is reduced as a direct result of the amendatory provisions of this act and subsection 7 of NRS 377.057 by the amount lost as a direct result of [the amendatory provisions of this act.] those provisions. Any increase made pursuant to this section may only be made once and must be included in the basis for the calculation of the [maximum allowable] allowed revenue from taxes ad valorem in all future years.
κ1989 Statutes of Nevada, Page 2096 (CHAPTER 861, AB 801)κ
made once and must be included in the basis for the calculation of the [maximum allowable] allowed revenue from taxes ad valorem in all future years.
Sec. 22.9. Section 3 of Assembly Bill No. 276 of this session is hereby amended to read as follows:
Sec. 3. Notwithstanding the provisions of chapter 354 of NRS, if the [maximum allowable] allowed 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] allowed 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] allowed 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 23. 1. NRS 354.59805, 354.59812, 354.59816, 354.59825, 354.59873 and 354.59895 are hereby repealed.
2. Section 1 of Assembly Bill No. 600, section 9 of Assembly Bill No. 333 and section 1 of Senate Bill No. 197 of this session are hereby repealed.
Sec. 23.5. Notwithstanding the provisions of section 4 of this act, a board of county commissioners shall not levy a maximum total tax pursuant to section 4 of this act that exceeds:
1. For the fiscal year 1989-1990, 1 cent per $100 of assessed valuation of the county.
2. For the fiscal year 1990-1991, 3 cents per $100 of assessed valuation of the county.
Sec. 24. 1. Notwithstanding the amendatory provisions of this act, in determining the supplemental city-county relief tax distribution factor pursuant to NRS 377.057 as amended by this act for the 1989-1990 fiscal year, the maximum allowable combined revenue as calculated for each local government by the executive director of the department of taxation pursuant to the former provisions of NRS 354.59816, excluding any amounts added pursuant to subsection 1 or 2 of NRS 354.5982, for the 1988-1989 fiscal year must be used as the amount for the prior year.
2. On the first day of each month in the fiscal year 1989-1990, the state controller shall transfer $208,333 from the proceeds of the supplemental city-county relief tax to the emergency fund of the supplemental city-county relief tax created pursuant to NRS 354.5988 as amended by this act.
3. On July 1, 1989, the state controller shall transfer $6,566,345 from the reserve fund for the supplemental city-county relief tax to the redistribution fund for the supplemental city-county relief tax created pursuant to section 25 of this act.
κ1989 Statutes of Nevada, Page 2097 (CHAPTER 861, AB 801)κ
fund for the supplemental city-county relief tax created pursuant to section 25 of this act.
4. On or before August 15, 1989, the state controller shall transfer the balance in the reserve fund for the supplemental city-county relief tax as of July 1, 1989, after the transfer made pursuant to subsection 3, to the local governments that are eligible to receive revenue from the supplemental city-county relief tax in the same proportion as the distributions of the revenue from the supplemental city-county relief tax were made for the 1988-1989 fiscal year. Each local government must record the money received pursuant this subsection as revenue for the 1989-1990 fiscal year.
Sec. 25. 1. The redistribution fund for the supplemental city-county relief tax is hereby created. The interest and income earned on the money in the fund after deducting any applicable charges must be distributed to the local governments in the same manner as the distributions made pursuant to subsection 2 of NRS 377.057, as amended by this act.
2. The following amounts are hereby allocated for the 1989-1990 fiscal year to the specified counties from the redistribution fund for the supplemental city-county relief tax:
Clark County.................................................................................. $2,669,672
Elko County................................................................................... 359,124
Churchill County........................................................................... 84,988
On July 1, 1989, the state controller shall distribute the allocated money to each county and the local governments in each county in the same proportion that the supplemental city-county relief tax will be distributed pursuant to subsection 2 of NRS 377.057, as amended by this act, to those local governments during the 1989-1990 fiscal year, except that, of the amount allocated to Clark County, the state controller shall distribute $1,240,221 to the town of Laughlin and the remainder of the allocation to the remaining local governments.
3. For the fiscal year 1990-1991 the executive director of the department of taxation shall adjust the supplemental city-county relief tax distribution factors of each local government in the following counties, including the county, by multiplying the supplemental city-county relief tax distribution factor calculated pursuant to subsection 6 of NRS 377.057, as amended by this act, by the factor specified for the appropriate county:
Churchill.......................................................................................... 1.01735781
Clark................................................................................................ 1.00503190
Douglas............................................................................................ .99748885
Elko.................................................................................................. 1.03606720
Washoe............................................................................................ .98867616
4. The following amounts are hereby allocated for the 1990-1991 fiscal year to the specified counties from the redistribution fund for the supplemental city-county relief tax:
κ1989 Statutes of Nevada, Page 2098 (CHAPTER 861, AB 801)κ
Clark County.................................................................................. $1,922,163
Elko County................................................................................... 258,569
Churchill County........................................................................... 61,191
On July 1, 1990, the state controller shall distribute the allocated money to each county and the local governments in each county in the same proportion that the supplemental city-county relief tax will be distributed pursuant to subsection 2 of NRS 377.057, as amended by this act, to those local governments during the 1990-1991 fiscal year, except that, of the amount allocated to Clark County, the state controller shall distribute $892,959 to the town of Laughlin and the remainder of the allocation to the remaining local governments.
5. For the fiscal year 1991-1992 the executive director of the department of taxation shall adjust the supplemental city-county relief tax distribution factors of each local government in the following counties, including the county, by multiplying the supplemental city-county relief tax distribution factor calculated pursuant to subsection 6 of NRS 377.057, as amended by this act, by the factor specified for the appropriate county:
Churchill.......................................................................................... 1.01735781
Clark................................................................................................ 1.00503190
Douglas............................................................................................ .99748885
Elko.................................................................................................. 1.03606720
Washoe............................................................................................ .98867616
6. The following amounts are hereby allocated for the 1991-1992 fiscal year to the specified counties from the redistribution fund for the supplemental city-county relief tax:
Clark County.................................................................................. $1,037,968
Elko County................................................................................... 139,627
Churchill County........................................................................... 33,043
On July 1, 1991, the state controller shall distribute the allocated money to each county and the local governments in each county in the same proportion that the supplemental city-county relief tax will be distributed pursuant to subsection 2 of NRS 377.057, as amended by this act, to those local governments during the 1991-1992 fiscal year, except that, of the amount allocated to Clark County, the state controller shall distribute $482,197 to the town of Laughlin and the remainder of the allocation to the remaining local governments.
7. For the fiscal year 1992-1993 the executive director shall adjust the supplemental city-county relief tax distribution factors of each local government in the following counties, including the county, by multiplying the supplemental city-county relief tax distribution factor calculated pursuant to subsection 6 of NRS 377.057, as amended by this act, by the factor specified for the appropriate county:
κ1989 Statutes of Nevada, Page 2099 (CHAPTER 861, AB 801)κ
Churchill.......................................................................................... 1.01735781
Clark................................................................................................ 1.00503190
Douglas............................................................................................ .99748885
Elko.................................................................................................. 1.03606720
Washoe............................................................................................ .98867616
8. Except as otherwise provided in section 26 of this act, in calculating the supplemental city-county relief tax distribution factors of the counties and the local governments within the counties pursuant to subsections 5 and 7, the executive director shall use the distribution factor as calculated pursuant to subsection 6 of NRS 377.057 as adjusted pursuant to subsections 3 and 5, respectively, as the distribution factor for the previous year.
Sec. 26. 1. Notwithstanding the provisions of NRS 377.057, as amended by this act, for the town of Laughlin:
(a) For the fiscal year 1990-1991, the supplemental city-county relief tax distribution factor must be calculated pursuant to the provisions of subsection 6 of NRS 377.057, as amended by this act, using $3,300,000 as the distribution factor for the previous year and then subtracting $2,033,943.
(b) For the fiscal year 1991-1992, the supplemental city-county relief tax distribution factor must be calculated pursuant to the provisions of subsection 6 of NRS 377.057, as amended by this act, using the amount calculated pursuant to paragraph (a) before $2,033,943 was subtracted as the distribution factor for the previous year and then subtracting $1,016,971.
(c) For the fiscal year 1992-1993, the supplemental city-county relief tax distribution factor must be calculated pursuant to the provisions of subsection 6 of NRS 377.057, as amended by this act, using the amount calculated pursuant to paragraph (b) before $1,016,971 was subtracted as the distribution factor for the previous year.
2. For the purposes of paragraph (a) of subsection 3 of NRS 377.057, as amended by this act, the basic ad valorem revenue of the town of Laughlin must be calculated using:
(a) For the 1990-1991 fiscal year, a rate of .4846;
(b) For the 1991-1992 fiscal year, a rate of .7784; and
(c) For the 1992-1993 fiscal year, a rate of 1.0723.
Sec. 27. 1. Notwithstanding the provisions of NRS 354.59811, as amended by this act, a maximum ad valorem tax rate of $.8416 per $100 of assessed valuation is hereby authorized for the town of Laughlin for the 1989-1990 fiscal year.
2. The state controller shall not distribute additional revenue authorized pursuant to this act for the town of Laughlin unless the maximum ad valorem tax rate authorized by subsection 1 is actually levied.
Sec. 28. As soon as practicable after July 1, 1989, for the 1989-1990 fiscal year and on or before March 15 immediately preceding the 1990-1991, 1991-1992 and 1992-1993 fiscal years, the executive director of the department of taxation shall:
1. Determine the effect of the provisions of this act upon the estimate of the amount of supplemental city-county relief tax to be received by each local government for the fiscal year for which the determination is being made and notify each local government of any revision of that estimate.
κ1989 Statutes of Nevada, Page 2100 (CHAPTER 861, AB 801)κ
2. Increase the allowed revenue from taxes ad valorem of each local government whose revenue from the supplemental city-county relief tax he estimates will be reduced as a direct result of the amendatory provisions of this act by the amount he estimates will be lost as a direct result of the amendatory provisions of this act. Any increase made pursuant to this subsection may only be made for the fiscal year for which the calculation was made and must be included in the basis for the calculation of the allowed revenue from taxes ad valorem in all future years.
Sec. 29. 1. The governing body of a local government which believes that the valuation method or rate used to compute the amount of its fees for building permits, or both, are lower than other local governments as of June 30, 1989, and that the cost of providing the services associated with the issuance of building permits for the 1988-1989 fiscal year exceeded the total revenue received from building permit fees for that fiscal year, may petition the Nevada tax commission on or before August 15, 1989, to increase the allowed rate or the valuation method, or both.
2. The executive director of the department of taxation shall accumulate data concerning the fees charged for building permits from each city and county and shall make that data available to the Nevada tax commission for use in their deliberations. The Nevada tax commission shall consider the data submitted by the department of taxation and the information submitted by the local government and any other party supporting or opposing such a request and shall make time available for verbal presentations by all persons having an interest in the petition.
3. After considering all applicable information made available, the Nevada tax commission shall set the rates and valuations which must be used as the building permit basis for June 30, 1989, for the local governments so petitioning except that no building permit basis may be reduced as a result. The amount so determined must be used as the base for computing future allowed increases.
4. After the Nevada tax commission has made its determination regarding all petitions submitted to it, the resulting building permit basis so determined for each local government that submitted a petition to the Nevada tax commission and the unadjusted building permit basis as of June 30, 1989, for each local government not filing a petition shall be deemed to be equal as of July 1, 1989, given the individual circumstances relating to the various local governments.
5. As used in this section:
(a) Building permit means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.
(b) Building permit basis means the combination of the rate and the valuation method used to calculate the total building permit fee.
(c) Building permit fee means the total fees and taxes, if any, that must be paid before the issuance of a building permit, including without limitation, all permit fees and inspection fees. The term does not include, without limitation, fees relating to water, sewer or other utilities, residential construction tax or any amount expended to change the zoning of the property.
κ1989 Statutes of Nevada, Page 2101 (CHAPTER 861, AB 801)κ
Sec. 30. 1. For any local government which has not approved a final budget for the 1989-1990 fiscal year before July 1, 1989, the tentative budget filed on April 15, 1989, with the department of taxation shall be deemed to be the final budget of that local government for the 1989-1990 fiscal year.
2. The executive director of the department of taxation shall make available to each local government before July 25, 1989, revised revenue limitations and other financial schedules based upon the changes approved during the 65th session of the legislature. Each local government which has changes to its budget as a result of such legislative action may file an amended final budget with the department of taxation on or before August 15, 1989, in accordance with the requirements of NRS 354.599.
Sec. 31. 1. The legislative commission is hereby directed to conduct a comprehensive study of taxation in Nevada, with primary emphasis on, but without limitation, the equity, distribution and adequacy of all existing taxes and secondarily on the feasibility and functionality of future revenue sources of all governmental units in the state.
2. As soon as practicable after July 1, 1989, the legislative commission shall appoint four assemblymen and four senators, from among the members of the standing committees on taxation of this session, to conduct the study.
3. The legislative commission shall designate the chairman and vice chairman of the subcommittee.
4. The chairman of the subcommittee may appoint subsubcommittees, which may include members of the public and private sectors for technical advice, to carry out specifically assigned tasks or study specified subjects.
5. Each member of the subcommittee appointed by the legislative commission is entitled to receive a salary of $130 for each day on which he attends a meeting of the subcommittee or a subsubcommittee of the subcommittee and the per diem allowance and travel expenses provided for state officers and employees generally from the legislative fund. The expenses of a member of the public or private sector who is appointed to a subsubcommittee pursuant to the provisions of subsection 4 must be paid by the entity he represents, if any, or by the member.
6. The study must be completed not less than 45 days before the first day of the 66th session of the legislature.
7. The legislative commission shall report the results of its study and any recommended legislation to the 66th session of the legislature.
Sec. 31.5. There is hereby appropriated from the state general fund to the legislative fund the sum of $50,000 to pay the costs of the study required by section 31 of this act.
Sec. 31.7. On and after July 1, 1989, unless the context otherwise requires, a reference in any legislative measure enacted this session to the reserve fund for the supplemental city-county relief tax shall be deemed to refer to the emergency fund of the supplemental city-county relief tax.
Sec. 32. 1. Section 31.5 of this act becomes effective on June 30, 1989.
2. Sections 9, 17 and 22.5 to 22.9, inclusive, of this act become effective at 12:01 a.m. on July 1, 1989.
3. Section 22.3 of this act becomes effective as 12:02 a.m. on July 1, 1989.
4. The remaining sections of this act become effective on July 1, 1989.
κ1989 Statutes of Nevada, Page 2102 (CHAPTER 861, AB 801)κ
Sec. 33. In preparing the reprint to the Nevada Revised Statutes, the legislative counsel shall:
1. If an internal reference is made to a section repealed by this act, correct it by reference to the superseding section, if any, or delete the reference;
2. If a reference is made to a limitation on the amount of revenue that a local government is allowed to receive from the supplemental city-county relief tax or from fees other than fees for business licenses, remove that reference if removal is possible without otherwise substantively changing the section; and
3. If appropriate, change any reference to:
(a) The reserve fund for the supplemental city-county relief tax to the emergency fund of the supplemental city-county relief tax; and
(b) Maximum allowable combined revenue or maximum combined allowable revenue or any substantially similar phrase, when those phrases are not referring to the limitation on revenue received by a local government, to supplemental city-county relief tax distribution factor,
in any section which is not amended by this act or is further amended by another act.
________
Assembly Bill No. 759Assemblymen Wendell Williams, Chowning, Wisdom, Arberry, Porter, Gaston and Brookman
CHAPTER 862
AN ACT relating to textbooks; requiring that certain textbooks contain lessons on the achievements of persons from all racial and ethnic backgrounds; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 390.140 is hereby amended to read as follows:
390.140 1. The state board of education shall make the final selection of all textbooks to be used in the public schools in this state.
2. A textbook must not be selected for use in the public schools in classes in literature, history or social sciences unless it accurately portrays the cultural and racial diversity of our society, including lessons on the contributions made to our society by men and women from various racial and ethnic backgrounds.
Sec. 2. The amendatory provisions of this act apply to textbooks selected for use by the state board of education on or after July 1, 1990.
Sec. 3. This act becomes effective on July 1, 1990.
________
κ1989 Statutes of Nevada, Page 2103κ
Assembly Bill No. 935Assemblymen Brookman, Dini, Diamond, Sedway, Myrna Williams, Spinello, Callister, Jeffrey, Gibbons, Bogaert, Kerns, Marvel, Thompson, Triggs, Humke, Wisdom, Evans, McGaughey, Lambert, Regan, Garner, Wendell Williams, Gaston, Adler, Spriggs, Nevin, Chowning, Freeman, McGinness, Arberry, Sheerin, Sader, Fay, DuBois, Kissam, Porter, Price and Schofield
CHAPTER 863
AN ACT relating to the executive department; establishing an advisory council on education relating to the Holocaust; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, council means the governors advisory council on education relating to the Holocaust.
Sec. 3. The governors advisory council on education relating to the Holocaust, consisting of 11 members appointed by the governor, is hereby created.
Sec. 4. 1. The governor shall appoint the members of the council from among residents of this state who are familiar with the events of the Holocaust.
2. The council may meet at such times and places as it considers necessary to carry out the purposes of this chapter.
3. Each member of the council is entitled to receive a salary of $60 for each days attendance at a meeting of the council.
Sec. 5. The council shall:
1. Develop programs for the education of children and adults in issues relating to the Holocaust, make reports and advise public and private bodies throughout the state on matters relevant to education concerning the Holocaust.
2. Prepare to host the International Conference on the Holocaust to be held in Nevada in 1991.
Sec. 6. 1. There is hereby appropriated from the state general fund to the governors advisory council on education relating to the Holocaust the sum of $50,000 to carry out the duties of the council.
2. Any remaining balance of the appropriation made by this section 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. 7. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2104κ
Assembly Bill No. 964Committee on Ways and Means
CHAPTER 864
AN ACT relating to public education; requiring a reduction in the pupil-teacher ratio in certain classes; requiring each school district to develop a plan to reduce the size of classes; creating the trust fund for class-size reduction; making various changes concerning the investment and distribution of the money in the trust fund for the education of pupils; making certain bonds subject to the tax on estates; making appropriations; authorizing the expenditure of certain money; and providing other matters properly relating thereto.
[Approved July 6, 1989]
whereas, A successful educational system in Nevada will directly affect the future of this state; and
whereas, It is clear that the ratio of pupils to teachers in a classroom where core curriculum is taught, particularly in the earliest grades, is one of the most determinative factors in the quality of education received; and
whereas, The intended goal of this legislature is to achieve a pupil-teacher ratio of no more than 15 pupils per teacher in a classroom where core curriculum is taught; and
whereas, This act is specifically designed to allow the local school districts the necessary discretion to effectuate this reduction in class size in the manner appropriate in their respective districts; and
whereas, The legislature believes that achieving such a reduction throughout the state is our most critical priority and desires to share the fiscal responsibility for supporting the reduction by providing the funding for the necessary educational personnel, irrespective of the existing facilities, and relying on the local school districts to provide the necessary facilities as soon as possible; and
whereas, It is the intent of the legislature that school districts include, as a part of their requests to future legislatures, the continuation of funding for teachers employed as a result of this Act together with requests for any additional money which may be required to achieve fully the legislatures intended goal; and
whereas, With this Act, the legislature intends first to improve the pupil-teacher ratio for kindergarten classes where the need is greatest and for first grade classes throughout the state, followed by significant improvement in the second grade classes while broadening the assistance provided for kindergartens, followed by significant improvement in the third grade classes while still improving the assistance provided for kindergartens; and
whereas, Thereafter, with this Act the legislature intends the reduction of the pupil-teacher ratio per class in grades 4, 5 and 6 to no more than 22 pupils per class and thereafter the reduction of the pupil-teacher ratio per class in grades 7 to 12, inclusive, to no more than 25 per class; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. This act may be cited as the Class-size Reduction Act of 1989.
κ1989 Statutes of Nevada, Page 2105 (CHAPTER 864, AB 964)κ
Sec. 2. NRS 387.123 is hereby amended to read as follows:
387.123 1. The count of pupils for apportionment purposes includes all those who are enrolled in programs of instruction of the school district for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.
(d) Children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
(e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
2. The state board of education shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall calculate average daily attendance by selecting the average daily attendancehighest 3 months for each category of pupils, as established by subsection 1 or pursuant to paragraph (b) of this subsection, in each school.
(d) Shall prohibit counting of any pupil specified in paragraph (a), (b), (c) or (d) of subsection 1 more than once.
3. [The] Except as otherwise provided in section 4 of this act, the state board of education shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in such school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending such classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.
Sec. 3. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 7, inclusive, of this act.
Sec. 4. 1. Except as otherwise provided in subsections 2 and 3, after the last day of the first month of the school year, the ratio in each school district of pupils per class in kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught.
κ1989 Statutes of Nevada, Page 2106 (CHAPTER 864, AB 964)κ
designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught. In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 or 3 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.
2. A school district may, within the limits of any plan adopted pursuant to section 6 of this act, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.
3. The state board may grant to a school district a variance from the limitation on the number of pupils per class set forth in subsection 1 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.
4. The state board shall, on or before February 1 of each odd-numbered year, report to the legislature on:
(a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.
(b) The data reported to it by the various school districts pursuant to subsection 2 of section 5 of this act, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.
Sec. 5. 1. The state board, in consultation with the trustees of the school districts and the recognized associations representing licensed educational personnel, after receiving comments from the general public, shall determine the data that must be monitored by each school district and used to measure the effectiveness of the implementation of the plan developed by each school district to reduce the pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3.
2. Each school district shall report the date to the state board as required by the state board.
Sec. 6. Each school district together with the recognized associations representing licensed educational personnel shall develop:
1. A plan to reduce the districts pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3 within the limits of available financial support specifically set aside for this purpose and submit that plan to the state board; and
2. A plan for specialized instruction in teaching methods specifically for use in classes with reduced numbers of pupils.
Sec. 7. 1. There is hereby created the trust fund for class-size reduction to be administered by the superintendent of public instruction. The superintendent may accept gifts and grants from any source for deposit in the fund. All legislative appropriations, gifts and grants made to the fund become a part of the principal of the fund which may only be reduced pursuant to subsection 3 or by specific legislative action.
2. The interest and income earned from the money in the fund must be used by the superintendent to carry out the purposes of the plans adopted to reduce the pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3 before it is used for any other purpose.
κ1989 Statutes of Nevada, Page 2107 (CHAPTER 864, AB 964)κ
3. The state board of examiners may, upon making a determination that any portion of the principal of the money in the fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee, or the senate committee on finance and the assembly committee on ways and means when the legislature is in session, that the amount so needed be transferred from the fund to the state general fund. Upon approval of the appropriate committee or committees, the money may be so transferred.
Sec. 8. NRS 271.520 is hereby amended to read as follows:
271.520 Bonds and interim warrants issued hereunder, their transfer, and the income therefrom, [shall] must forever be and remain free and exempt from taxation by the state and any subdivision thereof [.] , except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.
Sec. 9. NRS 279.670 is hereby amended to read as follows:
279.670 Bonds issued pursuant to the provisions of NRS 279.382 to 279.680, inclusive, are issued for an essential public and governmental purpose, and together with interest on them and income from them are exempt from all taxes [.] , except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.
Sec. 10. NRS 349.202 is hereby amended to read as follows:
349.202 Taxation means the levy and collection of taxes as defined in NRS 349.204, but in NRS 349.354 taxation pertains to any type of tax, including , without limitation , any business, occupation or privilege tax, any other excise tax, and any property tax [.] , except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.
Sec. 11. NRS 349.354 is hereby amended to read as follows:
349.354 Bonds and other securities issued [under] pursuant to the provisions of the State Securities Law, their transfer and the income therefrom [shall] must forever be and remain free and exempt from taxation by this state or any subdivision thereof [.] , except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.
Sec. 12. NRS 350.558 is hereby amended to read as follows:
350.558 Taxation means the levy and collection of taxes as defined in NRS 350.560, but in NRS 350.710 taxation pertains to any type of tax, including , without limitation , any business, occupation or privilege tax, any other excise tax, and any property tax [.] , except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.
Sec. 13. NRS 350.710 is hereby amended to read as follows:
350.710 Bonds and other securities issued [under] pursuant to the provisions of the Local Government Securities Law, their transfer and the income therefrom [shall] must forever be and remain free and exempt from taxation by this state or any subdivision thereof [.] , except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.
Sec. 14. NRS 375A.700 is hereby amended to read as follows:
375A.700 1. The department shall deposit all payments received pursuant to NRS 375A.100 in the state treasury:
(a) For credit to the estate tax account in the state general fund, an amount determined by the department as necessary to pay the costs of administration of this chapter and to refund any overpayments of tax.
κ1989 Statutes of Nevada, Page 2108 (CHAPTER 864, AB 964)κ
(b) For credit to the estate tax account for the endowment of the University of Nevada System, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).
(c) For credit to the trust fund for [the education of pupils,] class-size reduction, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).
2. The interest earned on the money in the estate tax account must be credited to the account.
Sec. 15. NRS 375A.715 is hereby amended to read as follows:
375A.715 1. There is hereby created in the state treasury a trust fund for the education of pupils. The superintendent of public instruction is responsible for the administration of the trust fund. All money held by the state treasurer or received by the superintendent of public instruction for that purpose must be deposited in the trust fund.
2. The money in the trust fund must be invested as the money in other state funds is invested. All interest earned on the deposit or investment of the money in the trust fund must be credited to the trust fund.
3. The superintendent of public instruction [may only expend in any year an amount equal to the balance of the trust fund at the end of the preceding calendar year, if approved by the legislature when in regular session or by the interim finance committee when the legislature is not in regular session. Claims against the fund must be paid as other claims against the state are paid.] shall apportion and cause to be distributed, in the same manner as provided in chapter 387 of NRS for the apportionment and distribution of the state distributive school account, the amount authorized by the legislature for this purpose from the trust fund to the several school districts of this state to be expended for specific projects that benefit children and that are supplementary to the regular educational programs of those districts.
4. Money in the trust fund must only be used to enhance actual instruction in the classroom of pupils in kindergarten through grade 12. Money in the trust fund must not be used to:
(a) [Pay] Adjust the district-wide schedules of benefits and salaries of [personnel.] the employees of a school district.
(b) Settle or arbitrate disputes between [a] the recognized organization of employees [of a school district] and the school district.
(c) Reduce the amount of money which would otherwise be made available for elementary and secondary education in the absence of this chapter.
Sec. 16. NRS 396.881 is hereby amended to read as follows:
396.881 Bonds and other securities issued [under] pursuant to the provisions of the University Securities Law, their transfer and the income therefrom [shall] must forever be and remain free and exempt from taxation by this state or any subdivision thereof [.] , except for the tax on estates imposed pursuant to the provisions of chapter 375A of NRS.
Sec. 17. 1. NRS 375A.715 is hereby repealed.
2. NRS 375A.720 is hereby repealed.
Sec. 18. Each school district shall develop and submit the plan required by section 6 of this act on or before March 1, 1990.
Sec. 19. The state board of education shall report to the governor and the legislative commission or their designated representatives:
κ1989 Statutes of Nevada, Page 2109 (CHAPTER 864, AB 964)κ
1. On or before December 1, 1989, the data which it has determined must be monitored by each school district and used to measure the success of each districts plan to reduce the pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3.
2. On or before June 1, 1990, the plan developed by each school district pursuant to section 6 of this act, to demonstrate each districts compliance with the provisions of section 4 of this act.
3. On or before June 1, 1990, the programs developed for specialized instruction in teaching methods specifically for use in classes with reduced numbers of pupils.
Sec. 20. 1. There is hereby appropriated from the state general fund to the trust fund for class-size reduction created pursuant to NRS 375A.715 for distribution by the superintendent of public instruction to the county school districts for fiscal year 1990-91 the sum of $3,336,344:
(a) Of which $750,000 must be used in pursuit of the goal of reducing to 15 to 1 the pupil-teacher ratio in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction; and
(b) Of which $2,586,344 must be used for complying with the required ratio of pupils to teachers in first grade classes as set forth in section 4 of this act.
Any remaining balance of the sums appropriated by this section must not be committed for expenditure after June 30, 1991, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money have been made.
2. The superintendent of public instruction is hereby authorized to distribute for fiscal year 1989-90 from the trust fund for the education of pupils the sum of $2,500,000:
(a) Of which $130,680 must be transferred to the University of Nevada System to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching;
(b) Of which $450,000 must be used for programs for specialized instruction in teaching methods specifically for use in classes with reduced numbers of pupils; and
(c) Of which $1,919,320 must be distributed to local school districts in the same manner as provided in chapter 387 of NRS for the apportionment and distribution of the state distributive school account, to be used for specific projects to benefit children which are supplementary to the regular educational programs of those districts.
Any balance of the sum authorized for expenditure in fiscal year 1989-90 pursuant to paragraph (b) remaining at the end of that fiscal year may be committed for expenditure during fiscal year 1990-91 for the same purpose. Any balance of that sum must not be committed for expenditure after June 30, 1991, and must be transferred for credit to the trust fund for class-size reduction. Any balance of the sum authorized pursuant to paragraph (c) remaining at the end of the fiscal year must not be committed for expenditure after June 30, 1990, and reverts to the trust fund for the education of pupils as soon as all payments of money committed have been made.
κ1989 Statutes of Nevada, Page 2110 (CHAPTER 864, AB 964)κ
3. The superintendent of public instruction is hereby authorized to distribute for fiscal year 1990-91 from the trust fund for class-size reduction, the sum of $2,500,000:
(a) Of which $130,680 must be transferred to the University of Nevada System to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching;
(b) Of which $160,000 must be used for programs for specialized instruction in teaching methods specifically for use in classes with reduced numbers of pupils; and
(c) Of which $2,209,320 must be distributed to local school districts for use in complying with the required ratio of pupils to teachers in first grade as set forth in section 4 of this act.
Any remaining balance of the sums authorized for expenditure by this subsection must not be committed for expenditure after June 30, 1991, and reverts to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 21. On or before May 31, 1990, the state board of examiners shall project the unappropriated balance of the state general fund, including any amount designated as reserved for stabilizing the budget, and the state distributive school account in the state general fund, as of June 30, 1990, using all relevant information known to it. The results of the projections of the state general fund and the state distributive school account must be combined to form a single projection.
Sec. 22. 1. If the balance projected pursuant to section 21 of this act is at least $96,000,000, the sum of $10,471,026 is hereby contingently appropriated for the fiscal year 1990-91 from the state general fund to the trust fund for class-size reduction. If the projected balance is less than $106,471,026, the appropriation made in this subsection is reduced by the difference between $106,471,026 and the projected balance.
2. The money appropriated in subsection 1 must be used in pursuit of the goal of reducing to not more than 15 to 1 the pupil-teacher ratio per class in grade 1.
Sec. 23. 1. The money authorized and appropriated pursuant to sections 20 and 22 of this act:
(a) Must be accounted for separately from any other money received by the school districts in this state.
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
2. The money appropriated or authorized for expenditure pursuant to sections 20 and 22 of this act for class-size reduction or specialized instruction in teaching methods specifically for use in classes with reduced numbers of pupils may not be distributed to a school district whose plan for achieving the required ratio set forth in section 4 of this act or whose plan for specialized instruction in teaching methods specifically for use in classes with reduced numbers of pupils has not been received by the department of education.
κ1989 Statutes of Nevada, Page 2111 (CHAPTER 864, AB 964)κ
reduced numbers of pupils has not been received by the department of education.
Sec. 24. Any balance remaining in the trust fund for the education of pupils must not be committed for expenditure after June 30, 1990, and must be transferred by the state controller to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 25. 1. This section, sections 1 to 13, inclusive, 15 16, 18 to 24, inclusive, and subsection 2 of section 17 of this act become effective on July 1, 1989.
2. Section 14 and subsection 1 of section 17 of this act become effective on July 1, 1990.
________
Assembly Bill No. 875Committee on Ways and Means
CHAPTER 865
AN ACT relating to hospitals; exempting certain small hospitals from the requirement of obtaining the approval of the director of the department of human resources for the addition of a limited number of beds; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439A.100 is hereby amended to read as follows:
439A.100 1. Except as provided in this section and NRS 439A.103, no person may undertake any project described in subsection 2 without first applying for and obtaining the written approval of the director. The health division of the department of human resources shall not issue a new license or alter an existing license for any project described in subsection 2 unless the director has issued such an approval.
2. The projects for which this approval is required are:
(a) [Except as otherwise provided in subsection 3, any] Any proposed expenditure by or on behalf of a health facility in excess of the greater of $2,000,000 or such an amount as the department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure;
(b) A proposal which increases the number of licensed or approved beds in a health facility other than a hospital above the total of the number of licensed beds and the number of additional beds which have been approved pursuant to this subsection;
(c) A proposal which increases the number of licensed and approved beds in a hospital through the addition of 10 or more beds or a number of beds equal to 10 percent of the licensed or approved capacity of that facility, whichever is less, over a period of 2 years;
(d) [Except as otherwise provided in subsection 4, the] The proposed acquisition of any new or used medical equipment which has a market value of more than $2,000,000 or such an amount as the department may specify by regulation, whichever is greater;
κ1989 Statutes of Nevada, Page 2112 (CHAPTER 865, AB 875)κ
of more than $2,000,000 or such an amount as the department may specify by regulation, whichever is greater;
(e) The acquisition of an existing health facility if:
(1) The purchaser does not, within a period specified by a regulation of the department, notify it of his intention to acquire the facility; or
(2) The department finds, within 30 days after it receives the notice, that in acquiring the facility the purchaser will change the number of beds;
(f) The construction of a new health facility; and
(g) The conversion of an existing office of a practitioner to a health facility, regardless of the cost of the conversion, if the establishment of the office would have met the threshold for review of costs pursuant to paragraph (a) or (d).
3. The approval of the director is not required for the addition of 60 beds or less over 3 years to an existing hospital that:
(a) Has a licensed capacity of 75 beds or less; and
(b) Is the only hospital within an incorporated city whose population is 50,000 or more.
4. The provisions of paragraph (a) of subsection 2 do not include any capital expenditure for:
(a) The acquisition of land;
(b) The construction of a facility for parking;
(c) The maintenance of a health facility;
(d) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;
(e) The installation of a system to conserve energy;
(f) The installation of a system for data processing or communication; or
(g) Any other project which, in the opinion of the director, does not relate directly to the provision of any health service.
[4.] 5. The provisions of paragraph (d) of subsection 2 do not include acquisitions of medical equipment proposed primarily to replace existing equipment. The person acquiring the replacement equipment, within a period specified by regulation of the department, shall notify it of his intention to acquire the equipment. The department shall by regulation develop standards to determine whether the primary purpose of a proposed acquisition is to replace existing equipment.
[5.] 6. In reviewing an application for approval, the director shall:
(a) Comparatively assess applications for similar projects affecting the same geographic area; and
(b) Base his decision on criteria established by the director by regulation. The criteria must include:
(1) The need for and the appropriateness of the project in the area to be served;
(2) The extent to which the project is consistent with the state health plan;
(3) The financial feasibility of the project;
(4) The effect of the project on the cost of health care; and
(5) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.
κ1989 Statutes of Nevada, Page 2113 (CHAPTER 865, AB 875)κ
[6.] 7. The department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the number of existing beds or a change in the health services which are to be provided, a change in the location of the project or a substantial increase in the cost of the project.
[7.] 8. The decision of the director is a final decision for the purposes of judicial review.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 222Assemblymen Schofield, Dini, Adler, Myrna Williams, Gaston, Porter, Nevin, Carpenter, DuBois, McGaughey, Freeman, Triggs, McGinness, Arberry, Wendell Williams, Garner, Kerns, Sheerin, Sedway, Callister, Gibbons, Fay, Chowning, Sader, Thompson, Kissam, Lambert, Price, Brookman, Evans, Wisdom and Swain
CHAPTER 866
AN ACT relating to radioactive waste; prohibiting the storage in Nevada of high-level radioactive waste; and providing other matters properly relating thereto.
[Approved July 6, 1989]
whereas, The storage of high-level radioactive waste in Nevada poses a severe threat to the health and safety of the current and future generations of Nevadans because of the extremely dangerous nature of such waste and the persistence of that danger for an extended period; now, therefore,
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 a new section to read as follows:
1. It is unlawful for any person or governmental entity to store high-level radioactive waste in Nevada.
2. As used in this section, unless the context otherwise requires, high-level radioactive waste has the meaning ascribed to that term in 10 C.F.R. § 60.2.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2114κ
Senate Bill No. 403Committee on Commerce and Labor
CHAPTER 867
AN ACT relating to insurance; establishing the criteria for an independent evaluation of the care provided by a physician or chiropractor; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each policy of health insurance must include a procedure for binding arbitration to resolve disputes concerning independent medical evaluations pursuant to the rules of the American Arbitration Association.
2. If an insurer, for any final determination of benefits or care, requires an independent evaluation of the medical or chiropractic care of any person for whom such care is covered under the terms of the contract of insurance, only a physician or chiropractor who is certified to practice in the same field of practice as the primary treating physician or chiropractor or who is formally educated in that field may conduct the independent evaluation.
3. The independent evaluation must include a physical examination of the patient, unless he is deceased, and a personal review of all X-rays and reports prepared by the primary treating physician or chiropractor. A certified copy of all reports of findings must be sent to the primary treating physician or chiropractor and the insured person within 10 working days after the evaluation. If the insured person disagrees with the finding of the evaluation, he must submit an appeal to the insurer pursuant to the procedure for binding arbitration set forth in the policy of insurance within 30 days after he receives the finding of the evaluation. Upon its receipt of an appeal, the insurer shall so notify in writing the primary treating physician or chiropractor.
4. The insurer shall not limit or deny coverage for care related to a disputed claim while the dispute is in arbitration, except that, if the insurer prevails in the arbitration, the primary treating physician or chiropractor may not recover any payment from either the insurer, insured person or the patient for services that he provided to the patient after receiving written notice from the insurer pursuant to subsection 3 concerning the appeal of the insured person.
Sec. 2. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each policy of group or blanket health insurance must include a procedure for binding arbitration to resolve disputes concerning independent medical evaluations pursuant to the rules of the American Arbitration Association.
2. If an insurer, for any final determination of benefits or care, requires an independent evaluation of the medical or chiropractic care of any person for whom such care is covered under the terms of a policy of group or blanket health insurance, only a physician or chiropractor who is certified to practice in the same field of practice as the primary treating physician or chiropractor or who is formally educated in that field may conduct the independent evaluation.
κ1989 Statutes of Nevada, Page 2115 (CHAPTER 867, SB 403)κ
or who is formally educated in that field may conduct the independent evaluation.
3. The independent evaluation must include a physical examination of the patient, unless he is deceased, and a personal review of all X-rays and reports prepared by the primary treating physician or chiropractor. A certified copy of all reports of findings must be sent to the primary treating physician or chiropractor and the insured person within 10 working days after the evaluation. If the insured person disagrees with the finding of the evaluation, he must submit an appeal to the insurer pursuant to the procedure for binding arbitration set forth in the policy of insurance within 30 days after he receives the finding of the evaluation. Upon its receipt of an appeal, the insurer shall so notify in writing the primary treating physician or chiropractor.
4. The insurer shall not limit or deny coverage for care related to a disputed claim while the dispute is in arbitration, except that, if the insurer prevails in the arbitration, the primary treating physician or chiropractor may not recover any payment from either the insurer, insured person or the patient for services that he provided to the patient after receiving written notice from the insurer pursuant to subsection 3 concerning the appeal of the insured person.
Sec. 3. Chapter 6965A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each certificate of health insurance must include a procedure for binding arbitration to resolve disputes concerning independent medical evaluations pursuant to the rules of the American Arbitration Association.
2. If a society, for any final determination of benefits or care, requires an independent evaluation of the medical or chiropractic care of any person for whom such care is covered under a certificate of health insurance, only a physician or chiropractor who is certified to practice in the same field of practice as the primary treating physician or chiropractor or who is formally educated in that field may conduct the independent evaluation.
3. The independent evaluation must include a physical examination of the patient, unless he is deceased, and a personal review of all X-rays and reports prepared by the primary treating physician or chiropractor. A certified copy of all reports of findings must be sent to the primary treating physician or chiropractor and the insured person within 10 working days after the evaluation. If the insured person disagrees with the finding of the evaluation, he must submit an appeal to the insurer pursuant to the procedure for binding arbitration set forth in the certificate of insurance within 30 days after he receives the finding of the evaluation. Upon its receipt of an appeal, the insurer shall so notify in writing the primary treating physician or chiropractor.
4. The insurer shall not limit or deny coverage for care related to a disputed claim while the dispute is in arbitration, except that, if the insurer prevails in the arbitration, the primary treating physician or chiropractor may not recover any payment from either the insurer, insured person or the patient for services that he provided to the patient after receiving written notice from the insurer pursuant to subsection 3 concerning the appeal of the insured person.
κ1989 Statutes of Nevada, Page 2116 (CHAPTER 867, SB 403)κ
Sec. 4. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each contract for hospital or medical services must include a procedure for binding arbitration to resolve disputes concerning independent medical evaluations pursuant to the rules of the American Arbitration Association.
2. If a corporation subject to the provisions of this chapter, for any final determination of benefits or care, requires an independent evaluation of the medical or chiropractic care of any person for whom such care is covered under a contract for hospital or medical services, only a physician or chiropractor who is certified to practice in the same field of practice as the primary treating physician or chiropractor or who is formally educated in that field may conduct the independent evaluation.
3. The independent evaluation must include a physical examination of the patient, unless he is deceased, and a personal review of all X-rays and reports prepared by the primary treating physician or chiropractor. A certified copy of all reports of findings must be sent to the primary treating physician or chiropractor and the insured person within 10 working days after the evaluation. If the insured person disagrees with the finding of the evaluation, he must submit an appeal to the insurer pursuant to the procedure for binding arbitration set forth in the contract for services within 30 days after he receives the finding of the evaluation. Upon its receipt of an appeal, the insurer shall so notify in writing the primary treating physician or chiropractor.
4. The insurer shall not limit or deny coverage for care related to a disputed claim while the dispute is in arbitration, except that, if the insurer prevails in the arbitration, the primary treating physician or chiropractor may not recover any payment from either the insurer, insured person or the patient for services that he provided to the patient after receiving written notice from the insurer pursuant to subsection 3 concerning the appeal of the insured person.
Sec. 5. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a health maintenance organization, for any final determination of benefits or care, requires an independent evaluation of the medical or chiropractic care of any person for whom such care is provided under the evidence of coverage:
(a) The evidence of coverage must include a procedure for binding arbitration to resolve disputes concerning independent medical evaluations pursuant to the rules of the American Arbitration Association; and
(b) Only a physician or chiropractor who is certified to practice in the same field of practice as the primary treating physician or chiropractor or who is formally educated in that field may conduct the independent evaluation.
2. The independent evaluation must include a physical examination of the patient, unless he is deceased, and a personal review of all X-rays and reports prepared by the primary treating physician or chiropractor. A certified copy of all reports of findings must be sent to the primary treating physician or chiropractor and the insured person within 10 working days after the evaluation. If the insured person disagrees with the finding of the evaluation, he must submit an appeal to the insurer pursuant to the procedure for binding arbitration set forth in the evidence of coverage within 30 days after he receives the finding of the evaluation.
κ1989 Statutes of Nevada, Page 2117 (CHAPTER 867, SB 403)κ
evaluation, he must submit an appeal to the insurer pursuant to the procedure for binding arbitration set forth in the evidence of coverage within 30 days after he receives the finding of the evaluation. Upon its receipt of an appeal, the insurer shall so notify in writing the primary treating physician or chiropractor.
3. The insurer shall not limit or deny coverage for care related to a disputed claim while the dispute is in arbitration, except that, if the insurer prevails in the arbitration, the primary treating physician or chiropractor may not recover any payment from either the insurer, insured person or the patient for services that he provided to the patient after receiving written notice from the insurer pursuant to subsection 2 concerning the appeal of the insured person.
________
Senate Bill No. 74Committee on Human Resources and Facilities
CHAPTER 868
AN ACT relating to education; requiring the board of trustees of each school district to adopt a program providing for the accountability of the school district to the residents of the district; making an appropriation; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter385 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district for the quality of the schools and the educational achievement of the pupils in the district.
2. The board of trustees of each school district may design its own program or may adopt the program developed by the Northwest Association of Schools and Colleges.
3. The program must require the board of trustees of the school district to report not less than annually to the residents of the district concerning:
(a) The educational goals and objectives of the school district;
(b) A comparison of pupil achievement at each age and grade level for the current school year with that of previous school years;
(c) The ratio of pupils to teachers at each grade level and other data concerning licensed and unlicensed employees of the school district;
(d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher;
(e) The total expenditure per pupil, set forth individually for each source of funding;
κ1989 Statutes of Nevada, Page 2118 (CHAPTER 868, SB 74)κ
(f) The curriculum used by the school district, including any special programs for pupils;
(g) Records of the attendance and advancement of pupils in all grades, and of graduation rates for pupils in high school; and
(h) Efforts made by the school district to increase communication with the parents of pupils in the district.
Sec. 2. 1. The board of trustees of each school district shall:
(a) On or before July 1, 1990, adopt a program of accountability pursuant to section 1 of this act; and
(b) On or before February 1, 1991, provide a copy of the program and a written report concerning the program to the superintendent of public instruction.
2. The superintendent of public instruction shall, on or before March 1, 1991, transmit the programs and reports submitted to him pursuant to subsection 1 to the 66th session of the legislature.
Sec. 3. 1. There is hereby appropriated from the state general fund to the state board of education for use in carrying out the provisions of this act:
For the fiscal year 1989-90........................................................................ $100,000
For the fiscal year 1990-91........................................................................ $170,000
2. The state board of education shall allocate the money appropriated by subsection 1 to the various school districts in this state on the basis of the number of pupils in each district, except that the state board of education may establish a minimum amount of money that will be provided to each school district regardless of the number of pupils in the district.
3. Each school district may use the money allocated to it pursuant to subsection 2 only for administrative costs relating to section 1 of this act. Any excess must be returned to the state board of education for reallocation to other school districts if needed.
4. Any balance of the sums appropriated by subsection 1 remaining at the end of the 1990-91 fiscal year 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. 4. This act becomes effective on July 1, 1989.
________
Senate Bill No. 64Committee on Finance
CHAPTER 869
AN ACT relating to the judicial system; providing for longevity pay for district judges and justices of the supreme court; making appropriations to the district judges salary account of the supreme court and to the state board of pardons commissioners to provide for longevity pay; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds and declares that:
κ1989 Statutes of Nevada, Page 2119 (CHAPTER 869, SB 64)κ
1. The district judges and the justices of the supreme court have earned the gratitude and respect of our state for their wisdom, sacrifice, patience and devotion to the state.
2. The district judges and the justices of the supreme court have unselfishly served the state although unlike other state employees they do not receive merit raises or longevity pay while serving in office.
3. It is in the public interest to provide the district judges and the justices of the supreme court who commit themselves to the residents of this state with longevity pay for their many years of dedicated service.
Sec. 2. NRS 3.030 is hereby amended to read as follows:
3.030 1. The annual base salary of each district judge is $67,000. If a district judge has served in his office for at least 6 years, he is entitled to an additional salary of 1 percent of his base salary for each year of service. The additional salary must not exceed 22 percent of his base salary.
2. [All of the] The base salaries and the additional salary for longevity must be paid in biweekly installments out of the district judges salary account of the supreme court.
3. No salary of any district judge may be paid in advance.
Sec. 3. NRS 213.015 is hereby amended to read as follows:
213.015 1. [Until the 1st Monday in January 1987:
(a) Any member of the board whose annual salary as a justice of the supreme court is $61,500 shall receive no salary as a member of the board.
(b) Any member of the board whose annual salary as a justice of the supreme court is $47,250 is entitled to receive as a member of the board an annual salary of $14,250.
2. From and after the 1st Monday in January 1987;
(a)] Any member of the board whose annual salary as a justice of the supreme court is set by subsection 1 or 2 of NRS 2.050 shall receive no base salary as a member of the board.
[(b)] 2. Any member of the board whose annual salary as a justice of the supreme court is set by subsection [2 or] 3 of NRS 2.050 is entitled to receive as a member of the board an annual base salary in an amount which when added to his salary as a justice equals the salary set by subsection 1 of NRS 2.050.
3. In addition to any base salary a member of the board may receive pursuant to subsection 1 or 2, if he has served as a district judge or as a justice of the supreme court, or any combination thereof, for at least 6 years, he is entitled to additional compensation of 1 percent of the sum of his annual salary as a justice of the supreme court and his base salary, if any, for each year of service as a district judge or as a justice of the supreme court, or any combination thereof. The additional compensation must not exceed 22 percent of the sum of his annual salary as a justice of the supreme court and his base salary.
4. The salaries provided for in this section must be paid out of money provided by direct legislative appropriation from the state general fund.
Sec. 4. 1. There is hereby appropriated from the state general fund to the district judges salary account of the supreme court the sum of $155,663 for the fiscal year 1990-91 to provide salaries for longevity to district court judges.
κ1989 Statutes of Nevada, Page 2120 (CHAPTER 869, SB 64)κ
2. There is hereby appropriated from the state general fund to the state board of pardons commissioners the sum of $18,741 for the fiscal year 1990-91 to provide compensation for longevity to justices of the supreme court.
3. Any remaining balance of the appropriations made by this section must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. 1. This section and section 4 of this act become effective on July 1, 1989.
2. Sections 1, 2 and 3 of this act become effective at 12:01 a.m. on January 7, 1991.
________
Assembly Bill No. 945Committee on Legislative Functions
CHAPTER 870
AN ACT relating to legislation; authorizing the legislature to limit by concurrent resolution the number of requests for bill drafts that may be submitted to the legislative counsel; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.241 is hereby amended to read as follows:
218.241 Upon request made within the time allowed [,] and within limits established by the legislature by concurrent resolution, the legislative counsel shall advise any state agency or department, and may advise any local government, as to the preparation of measures to be submitted to the legislature. To assure the greatest possible equity in the handling of requests, drafting must proceed as follows:
1. Requests for legislative measures from each state agency or department or local government must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.
2. As soon as a state agency, department or local government has requested 10 bills for any session the legislative counsel may request it to designate the priority for each succeeding request.
3. The priority so designated must guide the legislative counsel in acting upon the requests of the respective state agencies and departments to assure each state agency and department, and each local government among themselves, as nearly as is possible, an equal rank.
Sec. 2. NRS 218.242 is hereby amended to read as follows:
218.242 Upon request, within limits established by the legislature by concurrent resolution, the legislative counsel shall assist any legislator in the preparation of bills and resolutions, drafting them in proper form, and furnishing the legislator the fullest information upon all matters within the scope of his duties. The legislative counsel shall, insofar as is possible, act upon all legislators requests for legislative measures in the order in which they are received.
κ1989 Statutes of Nevada, Page 2121 (CHAPTER 870, AB 945)κ
received. To assure the greatest possible equity in the handling of requests, drafting must proceed as follows:
1. If he so desires, a legislator may designate a different priority for his bills and resolutions which the legislative counsel shall observe, insofar as is possible.
2. The drafting of requests for legislative measures from chairmen or members of standing committees or special committees, on behalf of those committees, must not, except where urgency is recognized, take precedence over the priority established or designated for individual legislators bills and resolutions.
Sec. 3. NRS 218.247 is hereby amended to read as follows:
218.247 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures at the written suggestion of any justice of the supreme court or judge of a district court [.] , within limits established by the legislature by concurrent resolution.
2. Every suggestion of a judge [shall] must set forth the substance of the provisions desired or which may be needed with the reasons therefor.
3. The legislative counsel and the legal division of the legislative counsel bureau shall prepare a measure in accordance with the suggestion of a judge, and shall transmit it to the chairman of the committee on judiciary of each house at the next regular session of the legislature.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 902Committee on Ways and Means
CHAPTER 871
AN ACT relating to prisoners; prohibiting the sale or donation of blood or blood plasma by prisoners; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The director may suspend or terminate operations and obligations or renegotiate the terms of any contract concerning the sale or donation by offenders of blood or blood plasma. Before suspending or terminating operations and obligations or renegotiating the terms of an agreement pursuant to this subsection, the director must obtain the approval of:
(a) The legislature, by concurrent resolution, when the legislature is in regular or special session; or
(b) The interim finance committee, when the legislature is not in regular or special session.
κ1989 Statutes of Nevada, Page 2122 (CHAPTER 871, AB 902)κ
2. A contract concerning the sale or donation by offenders of blood or blood plasma entered into or renegotiated by the director must:
(a) Have a definite term; and
(b) Be subject to an absolute right on the part of the director to suspend or terminate operations and obligations or renegotiate the terms of the contract. The director must consider the expenses of administration and the profits to be derived by the state before entering into or renegotiating a contract pursuant to this subsection.
3. All revenue from a program for the sale by offenders of blood or blood plasma in excess of the cost of the program must be placed in the fund for destitute prisoners which is hereby created. The interest and income earned on money in the fund, after deducting any applicable charges, must be credited to the fund. Money in the fund may only be withdrawn by act of the legislature.
Sec. 2. NRS 209.461 is hereby amended to read as follows:
209.461 1. The director shall:
(a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.
(b) To the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed. If restitution to a specific person is not being paid, the director shall deduct an amount he deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(d) Provide equipment, space and management for services and manufacturing by offenders.
(e) Employ craftsmen and other personnel to supervise and instruct offenders.
(f) [Contract] Except as otherwise provided in section 1 of this act, contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.
(g) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
2. Every program for the employment of offenders established by the director must:
(a) Employ the maximum number of offenders possible;
(b) Provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;
(c) Produce a profit for the department;
(d) Have an insignificant effect on the number of jobs available to the residents of this state; and
(e) Provide occupational training for offenders.
3. The director may, with the approval of the board:
κ1989 Statutes of Nevada, Page 2123 (CHAPTER 871, AB 902)κ
(a) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.
(b) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.
Sec. 3. 1. This section and section 1 of this act become effective on July 1, 1989.
2. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1989.
________
Assembly Bill No. 869Assemblymen Bogaert, Nevin, Thompson and Price
CHAPTER 872
AN ACT relating to athletics; creating the Nevada commission on sports; prescribing its powers and duties; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in this chapter:
1. Commission means the Nevada commission on sports; and
2. Sports facility means real or personal property suitable for holding sports competitions approved by the commission.
Sec. 3. 1. The Nevada commission on sports, consisting of nine members appointed by the governor and two nonvoting members selected from the legislature, is hereby created.
2. The governor shall appoint to the commission:
(a) One member who is experienced in promoting physical fitness;
(b) One member who is experienced in promoting sports for physically disabled persons or persons with mental retardation;
(c) One member who has competed in the Olympic Games;
(d) Three members who are experienced in promoting amateur sports;
(e) One member who represents the gaming industry;
(f) One member who represents the mining industry; and
(g) One member who represents the public utilities and similar entities.
3. The majority leader of the senate and the speaker of the assembly shall appoint one member of the senate and one member of the assembly, respectively, to serve as nonvoting members of the commission for terms of 2 years.
κ1989 Statutes of Nevada, Page 2124 (CHAPTER 872, AB 869)κ
4. If a vacancy occurs during the term of a member appointed by the governor, the governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.
5. The commission shall elect a chairman and a vice chairman from among its voting members.
6. The governor may remove a member from the commission if the member neglects his duty or commits malfeasance in office.
Sec. 4. While engaged in the business of the commission, members of the commission are entitled to reimbursement for expenses incurred on behalf of the commission and approved by the chairman.
Sec. 5. The commission shall meet at least four times annually or more frequently at the discretion of the chairman.
Sec. 6. The commission may appoint an executive director who may hire other employees with the approval of the commission. The executive director is in the unclassified service of the state and serves at the pleasure of the commission.
Sec. 7. The commission may:
1. Adopt regulations necessary or convenient to carry out the provisions of this chapter;
2. Sue and be sued;
3. Acquire by lease, purchase or gift all rights, title or other interest in real or personal property necessary to carry out the provisions of this chapter;
4. Construct, repair or refurbish any real or personal property necessary for a sports facility;
5. Purchase insurance in the amounts it considers necessary to protect the members of the commission or its officers or employees from liability for personal injury, death or property damage related to the proper exercise of its powers;
6. Enter into contracts with persons to design, construct or remodel a sports facility and any materials necessary for that design, construction or remodeling;
7. Sell or otherwise dispose of real or personal property it owns and that is no longer required to carry out its duties;
8. Apply for and accept gifts, bequests, grants or loans of money or other property from public and private sources, and take any actions necessary to comply with any conditions of the gift, bequest, grant or loan;
9. Make grants, loans or gifts of money or property to carry out its duties; and
10. Conduct research, studies and hearings upon matters related to its duties.
Sec. 8. The commission may charge and collect fees for permission to use any sports facility or other property under its ownership or control and may enter into agreements whereby exclusive use of a sports facility or other property of the commission is provided to a person.
Sec. 9. The commission may:
1. Promote the development of Olympic training centers;
2. Promote physical fitness through participation in sports;
3. Develop, foster and coordinate physical fitness services and programs;
4. Sponsor workshops, clinics and conferences for amateurs in sports;
κ1989 Statutes of Nevada, Page 2125 (CHAPTER 872, AB 869)κ
5. Provide recognition for outstanding developments, achievements and contributions to amateur sports;
6. Stimulate and promote research into amateur sports;
7. Collect and disseminate information about amateur sports;
8. Promote amateur sports and programs for physical fitness in schools and local communities;
9. Develop programs to promote personal health and physical fitness through participation in amateur sports in cooperation with medical, dental and other professional societies;
10. Promote the development of recreational opportunities and activities in amateur sport, including the acquisition, financing, construction and rehabilitation of sports facilities for holding amateur sports events;
11. Promote national and international sport competitions and events for amateurs;
12. Sanction and sponsor sports competitions for amateurs;
13. Become a member of regional or national sports associations or organizations for amateurs;
14. Promote the inclusion of persons with physical or mental disabilities or visual or hearing impairments in amateur sports under conditions that are as comparable to those pertaining to other athletes as their disabilities and impairments allow;
15. Assist with the Nevada Special Olympics;
16. Assist with the Nevada Senior Games; and
17. Develop and promote a program of statewide sports competition for amateurs to be known as the Silver State Games, which must be patterned after the summer and winter Olympic Games and designed to encourage the participation of athletes representing a broad range of ages, levels of skill and geographic areas of the state.
Sec. 10. The fund for physical fitness and sports is hereby created. All money received by the commission from public and private sources must be deposited in the fund. The money in the fund must be used to pay the expenses of the commission and to carry out the duties of the commission. Claims against the fund must be paid as other claims against the state are paid upon the approval of the chairman of the commission.
Sec. 11. The Nevada commission on sports shall not meet until sufficient money:
1. Has been received from gifts or grants;
2. Is set aside from the discretionary money of the governor; or
3. Has otherwise been deposited in the fund for physical fitness and sports,
to cover the expenses of the meeting.
________
κ1989 Statutes of Nevada, Page 2126κ
Assembly Bill No. 847Committee on Labor and Management
CHAPTER 873
AN ACT relating to unemployment compensation; changing the method for calculating the wages paid to a claimant during his base period; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.375 is hereby amended to read as follows:
612.375 1. An unemployed person is eligible to receive benefits with respect to any week only if the executive director finds that:
(a) He has registered for work at, and thereafter has continued to report at, an office of the employment security department in such a manner as the executive director prescribes, except that the executive director may by regulation waive or alter either or both of the requirements of this paragraph for persons attached to regular jobs and in other types of cases or situations with respect to which he finds that compliance with those requirements would be oppressive or inconsistent with the purposes of this chapter.
(b) He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.
(c) He is able to work, and is available for work, but no claimant may be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this paragraph if his failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable before the beginning of the illness and disability. No otherwise eligible person may be denied benefits for any week in which he is engaged in training approved pursuant to 19 U.S.C. § 2296 or by the executive director by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.
(d) He has within his base period been paid wages from employers [equal] :
(1) Equal to or exceeding 1 1/2 times his total wages for employment by employers during the quarter of his base period in which his total wages were highest [.] ; or
(2) In each of at least three of the four quarters in his base period.
If a person fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount must be $1 less than one twenty-fifth of his high-quarter wages. No person may receive benefits in a benefit year unless, after the beginning of the next preceding benefit year during which he received benefits, he performed service, whether or not in employment as defined in this chapter and earned remuneration for that service in an amount equal to not less than 3 times his basic weekly amount as determined for the next preceding benefit year.
κ1989 Statutes of Nevada, Page 2127 (CHAPTER 873, AB 847)κ
2. For any week in which a claimant receives any pension or other payment for retirement, including a governmental or private pension, annuity or other, similar periodic payment, except as otherwise provided in subsection 3 the amount payable to the claimant under a plan maintained by a base-period employer or an employer whose account is chargeable with benefit payments must:
(a) Not be reduced by the amount of the pension or other payment if the claimant made any contribution to the pension or retirement plan; or
(b) Be reduced by the entire proportionate weekly amount of the pension or other payment if the employer contributed the entire amount to the pension or retirement plan.
3. The amount of the weekly benefit payable to a claimant must not be reduced by the pension offset in subsection 2 if the services performed by the claimant during the base period, or the compensation he received for those services, from that employer did not affect the claimants eligibility for, or increase the amount of, the pension or other payment, except for a pension paid pursuant to the Social Security Act or Railroad Retirement Act of 1974, or the corresponding provisions of prior law, which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 2.
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1989, and expires by limitation on October 1, 1991.
________
Assembly Bill No. 447Committee on government Affairs
CHAPTER 874
AN ACT relating to county officers; increasing the annual salaries of certain county officers; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as otherwise provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.
κ1989 Statutes of Nevada, Page 2128 (CHAPTER 874, AB 447)κ
|
[ANNUAL SALARIES |
|||||||||
|
Class |
County |
County Commis-sioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
Public Administrator |
|
|
|
|
|
|
|
|
|
|
|
|
1 |
Clark |
$29,800 |
$63,900 |
$60,200 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
|
2 |
Washoe |
20,200 |
55,900 |
51,000 |
42,800 |
42,800 |
42,800 |
42,800 |
42,800 |
|
3 |
Carson City |
13,100 |
45,200 |
39,900 |
35,700 |
35,700 |
-------- |
35,700 |
------- |
|
|
Churchill |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
------- |
|
|
Douglas |
11,900 |
45,200 |
39,900 |
35,700 |
35,700 |
35,700 |
------- |
------- |
|
|
Elko |
11,900 |
45,200 |
39,900 |
32,100 |
32,100 |
32,100 |
32,100 |
------- |
|
|
Humboldt |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
|
Lyon |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
------- |
|
|
Nye |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
|
White Pine |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
4 |
Lander |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
------- |
|
|
Lincoln |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
------- |
|
|
Mineral |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
------- |
------- |
|
|
Pershing |
10,000 |
39,900 |
29,800 |
25,000 |
25,000 |
25,000 |
------- |
------- |
|
5 |
Esmeralda |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
------- |
|
|
Eureka |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
------- |
|
|
Storey |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
-------] |
|
|
|
|
|
|
|
|
|
|
|
κ1989 Statutes of Nevada, Page 2129 (CHAPTER 874, AB 447)κ
|
ANNUAL SALARIES |
|||||||||
|
Class |
County |
County Commis- sioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
Public Administrator |
|
|
|
|
|
|
|
|
|
|
|
|
1 |
Clark |
$29,800 |
$83,000 |
$67,000 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
|
2 |
Washoe |
20,200 |
79,000 |
62,000 |
42,800 |
42,800 |
42,800 |
42,800 |
42,800 |
|
3 |
Carson City |
13,100 |
60,300 |
50,000 |
35,700 |
35,700 |
-------- |
35,700 |
------- |
|
|
Churchill |
10,700 |
56,950 |
45,000 |
28,600 |
28,600 |
28,600 |
------- |
------- |
|
|
Douglas |
11,900 |
60,300 |
50,000 |
35,700 |
35,700 |
35,700 |
------- |
------- |
|
|
Elko |
11,900 |
60,300 |
50,000 |
32,100 |
32,100 |
32,100 |
32,100 |
------- |
|
|
Humboldt |
10,700 |
56,950 |
45,000 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
|
Lyon |
10,700 |
56,950 |
45,000 |
28,600 |
28,600 |
28,600 |
------- |
------- |
|
|
Nye |
10,700 |
56,950 |
45,000 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
|
White Pine |
10,700 |
56,950 |
45,000 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
4 |
Lander |
10,000 |
50,250 |
36,000 |
25,000 |
25,000 |
25,000 |
25,000 |
------- |
|
|
Mineral |
10,000 |
50,250 |
36,000 |
25,000 |
25,000 |
25,000 |
------- |
------- |
|
|
Pershing |
10,000 |
50,250 |
36,000 |
25,000 |
25,000 |
25,000 |
------- |
------- |
|
5 |
Esmeralda |
8,600 |
39,900 |
28,600 |
21,400 |
21,400 |
21,400 |
------- |
------- |
|
|
Lincoln |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
------- |
|
|
Eureka |
8,600 |
39,900 |
32,000 |
21,400 |
21,400 |
21,400 |
------- |
------- |
|
|
Storey |
8,600 |
39,900 |
36,000 |
21,400 |
21,400 |
21,400 |
------- |
------- |
|
|
|
|
|
|
|
|
|
|
|
κ1989 Statutes of Nevada, Page 2130 (CHAPTER 874, AB 447)κ
Sec. 2. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as otherwise provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.
κ1989 Statutes of Nevada, Page 2131 (CHAPTER 874, AB 447)κ
|
[ANNUAL SALARIES |
|||||||||
|
Class |
County |
County Commis-sioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
Public Administrator |
|
|
|
|
|
|
|
|
|
|
|
|
1 |
Clark |
$29,800 |
$83,000 |
$67,000 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
|
2 |
Washoe |
20,200 |
79,000 |
62,000 |
42,800 |
42,800 |
42,800 |
42,800 |
42,800 |
|
3 |
Carson City |
13,100 |
60,300 |
50,000 |
35,700 |
35,700 |
------- |
35,700 |
------- |
|
|
Churchill |
10,700 |
56,950 |
45,000 |
28,600 |
28,600 |
28,600 |
------- |
------- |
|
|
Douglas |
11,900 |
60,300 |
50,000 |
35,700 |
35,700 |
35,700 |
------- |
------- |
|
|
Elko |
11,900 |
60,300 |
50,000 |
32,100 |
32,100 |
32,100 |
32,100 |
------- |
|
|
Humboldt |
10,700 |
56,950 |
45,000 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
|
Lyon |
10,700 |
56,950 |
45,000 |
28,600 |
28,600 |
28,600 |
------- |
------- |
|
|
Nye |
10,700 |
56,950 |
45,000 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
|
White Pine |
10,700 |
56,950 |
45,000 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
4 |
Lander |
10,000 |
50,250 |
36,000 |
25,000 |
25,000 |
25,000 |
25,000 |
------- |
|
|
Mineral |
10,000 |
50,250 |
36,000 |
25,000 |
25,000 |
25,000 |
------- |
------- |
|
|
Pershing |
10,000 |
50,250 |
36,000 |
25,000 |
25,000 |
25,000 |
------- |
------- |
|
5 |
Esmeralda |
8,600 |
39,900 |
28,600 |
21,400 |
21,400 |
21,400 |
------- |
------- |
|
|
Lincoln |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
------- |
|
|
Eureka |
8,600 |
39,900 |
32,000 |
21,400 |
21,400 |
21,400 |
------- |
------- |
|
|
Storey |
8,600 |
39,900 |
36,000 |
21,400 |
21,400 |
21,400 |
------- |
-------] |
|
|
|
|
|
|
|
|
|
|
|
κ1989 Statutes of Nevada, Page 2132 (CHAPTER 874, AB 447)κ
|
ANNUAL SALARIES |
|||||||||
|
Class |
County |
County Commis-sioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
Public Administrator |
|
|
|
|
|
|
|
|
|
|
|
|
1 |
Clark |
$45,000 |
$84,000 |
$70,000 |
$60,000 |
$60,000 |
$60,000 |
$60,000 |
$60,000 |
|
2 |
Washoe |
33,000 |
80,000 |
65,000 |
55,000 |
55,000 |
55,000 |
55,000 |
55,000 |
|
3 |
Carson City |
15,000 |
60,300 |
50,000 |
42,800 |
42,800 |
------- |
42,800 |
------- |
|
|
Churchill |
15,000 |
56,950 |
45,000 |
35,700 |
35,700 |
35,700 |
------- |
------- |
|
|
Douglas |
15,000 |
60,300 |
50,000 |
42,800 |
42,800 |
42,800 |
------- |
------- |
|
|
Elko |
15,000 |
60,300 |
50,000 |
42,800 |
42,800 |
42,800 |
42,800 |
------- |
|
|
Humboldt |
15,000 |
56,950 |
45,000 |
35,700 |
35,700 |
35,700 |
35,700 |
------- |
|
|
Lyon |
15,000 |
56,950 |
45,000 |
35,700 |
35,700 |
35,700 |
------- |
------- |
|
|
Nye |
15,000 |
56,950 |
45,000 |
35,700 |
35,700 |
35,700 |
35,700 |
------- |
|
|
White Pine |
15,000 |
56,950 |
45,000 |
35,700 |
35,700 |
35,700 |
35,700 |
------- |
|
4 |
Eureka |
12,700 |
50,250 |
36,000 |
32,000 |
32,000 |
32,000 |
------- |
------- |
|
|
Lander |
12,700 |
50,250 |
36,000 |
32,000 |
32,000 |
32,000 |
32,000 |
------- |
|
|
Mineral |
12,700 |
50,250 |
36,000 |
32,000 |
32,000 |
32,000 |
------- |
------- |
|
|
Pershing |
12,700 |
50,250 |
36,000 |
32,000 |
32,000 |
32,000 |
------- |
------- |
|
5 |
Esmeralda |
10,000 |
39,900 |
32,000 |
28,000 |
28,000 |
28,000 |
------- |
------- |
|
|
Lincoln |
10,000 |
39,900 |
32,000 |
28,000 |
28,000 |
28,000 |
28,000 |
------- |
|
|
Storey |
12,700 |
39,900 |
36,000 |
32,000 |
32,000 |
32,000 |
------- |
------- |
|
|
|
|
|
|
|
|
|
|
|
κ1989 Statutes of Nevada, Page 2133 (CHAPTER 874, AB 447)κ
Sec. 3. 1. This section and section 1 of this act become effective on July 1, 1989.
2. Section 2 of this act becomes effective on January 1, 1990.
________
Senate Bill No. 154Committee on Finance
CHAPTER 875
AN ACT relating to public officers; creating a commission to review the salaries of legislators and other elected state and local government officers whose salaries are set by the legislature; providing its duties; making an appropriation to the legislative fund for the expenses incurred by the commission; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 23 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. There is hereby created a commission to review the salaries of legislators and all other elected state and local government officers whose salaries are set by the legislature, consisting of seven members.
2. The governor shall appoint as members of the commission persons who have diverse personal and professional interests and reside in various geographical areas of the state.
3. The governor shall designate one of the members of the commission to be the chairman. The commission may elect such other officers from its membership as it deems necessary.
4. The governor shall not appoint as a member:
(a) Any person currently holding the office of state legislator; or
(b) Any current officer or employee of a county, city or other political subdivision of this state.
5. Not more than four of the members of the commission may be members of the same political party.
Sec. 3. 1. The term of each member expires on June 30 of the fourth year following appointment. Members are eligible for reappointment.
2. Any member may be removed by the governor before the expiration of his term for misconduct in office, incompetence or neglect of duty.
3. If a vacancy occurs in the membership of the commission, the governor shall appoint a person to fill the vacancy for the remainder of the unexpired term.
Sec. 4. 1. Each member of the commission is entitled to receive $80 for each day during which he is in attendance at a regularly called meeting of the commission.
2. The chairman shall call meetings of the commission as often as he deems necessary.
κ1989 Statutes of Nevada, Page 2134 (CHAPTER 875, SB 154)κ
3. The director of the legislative counsel bureau shall provide the commission with a person to act as its nonvoting recording secretary.
Sec. 5. A majority of the members of the commission constitutes a quorum to transact business. The affirmative vote of four members is required to approve the recommendation of the commission regarding salaries.
Sec. 6. The commission shall:
1. Review the amounts paid as salary to the members of the legislature during and between legislative sessions.
2. Review the amounts paid as salary to all other elected state and local government officers whose salaries are set by the legislature.
3. Hold public hearings to discuss the issues and receive public comment.
4. On or before February 1 of each odd-numbered year, present to the legislature its findings and any recommendations regarding the salaries.
Sec. 7. 1. There is hereby appropriated from the state general fund to the legislative fund the sum of $6,900 for expenses incurred by the commission to review the salaries of legislators and all other elected state and local government officers whose salaries are set by the legislature in carrying out the provisions of sections 2 to 6, inclusive, of this act.
2. Any remaining balance of the appropriation made by this section 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. 8. 1. This act becomes effective on July 1, 1989.
2. Sections 1 to 6, inclusive, of this act, expire by limitation on June 30, 1991.
________
Senate Bill No. 90Committee on Human Resources and Facilities
CHAPTER 876
AN ACT relating to education; authorizing the administration of financial aid to nursing students; authorizing waivers of repayment of the loans upon practice of nursing in Nevada after graduation; making an appropriation; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. 1. The board of regents may administer, directly or through a designated officer or employee of the University of Nevada System, a program to provide loans for fees, books and living expenses to students in the nursing programs of the University of Nevada System.
2. Each student to whom a loan is made must:
(a) Have been a bona fide resident of Nevada, as that term is defined in NRS 396.540, for at least 6 months before his matriculation at the university;
κ1989 Statutes of Nevada, Page 2135 (CHAPTER 876, SB 90)κ
(b) Be enrolled at the time the loan is made in a nursing program of the University of Nevada System for the purposes of becoming a licensed practical nurse or registered nurse;
(c) Fullfill all requirements for classification as a full-time student showing progression towards completion of the program; and
(d) Maintain at least a 2.00 grade-point average in each class and at least a 2.75 overall grade-point average, on a 4.0 grading scale.
3. Each loan must be made upon the following terms:
(a) All loans must bear interest at 8 percent per annum from the date when the student receives the loan.
(b) Each student receiving a loan must repay the loan with interest following the termination of his education for which the loan is made. The loan must be repaid in monthly installments over the period allowed with the first installment due 1 year after the date of the termination of his education for which the loan is made. The amounts of the installments must not be less than $50 and may be calculated to allow a smaller payment at the beginning of the period of repayment, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period for repayment. The period for repayment of the loans must be:
(1) Five years for loans which total less than $10,000.
(2) Eight years for loans which total $10,000 or more, but less than $20,000.
(3) Ten years for loans which total $20,000 or more.
4. A delinquency charge may be assessed on any installment delinquent 10 days or more in the amount of 8 percent of the installment or $4, whichever is greater, but not more than $15.
5. The reasonable costs of collection and an attorneys fee may be recovered in the event of delinquency.
Sec. 3. 1. The loans made pursuant to sections 2 to 10, inclusive, of this act must not exceed the following amounts per student per semester. If the student is enrolled in a program of:
(a) A community college, $1,700.
(b) The University of Nevada, Reno, or the University of Nevada, Las Vegas, $2,005.
2. Any money distributed pursuant to sections 2 to 10, inclusive, of this act must be distributed among the campuses of the University of Nevada System in amounts that will allow the same percentage of eligible students enrolled in the licensed practical nurse and registered practical nurse programs of each campus to receive loans.
Sec. 4. 1. Each student who receives a loan made pursuant to sections 2 to 10, inclusive, of this act shall repay the loan and accrued interest pursuant to the terms of the loan unless:
(a) He practices nursing in a rural area of Nevada or as an employee of the state for 6 months for each academic year for which he received a loan; or
(b) He practices nursing in any other area of Nevada for 1 year for each academic year for which he received a loan.
2. The board of regents may adopt regulations:
(a) Extending the time for completing the required practice beyond 5 years for persons who are granted extensions because of hardship; and
κ1989 Statutes of Nevada, Page 2136 (CHAPTER 876, SB 90)κ
(b) Granting prorated credit towards repayment of a loan for time a person practices nursing as required, for cases in which the period for required practice is only partially completed,
and such other regulations as are necessary to carry out the provisions of sections 2 to 10, inclusive, of this act.
3. As used in this section, practices nursing in a rural area means that the person practices nursing in an area located in a county whose population is less than 30,000 at least half of the total time the person spends in the practice of nursing, and not less than 20 hours per week.
Sec. 5. The board of regents or its designee may require:
1. A student to acquire, as security for a student loan, insurance on his life and on his health or against his disability, or both.
2. That a financially responsible person agree to be jointly liable with the recipient for the repayment of the loan.
Sec. 6. The board of regents or its designee may require, upon notice to a recipient of a loan, that he repay the balance and any unpaid interest on the loan at once if:
1. An installment is not paid within 30 days after it is due;
2. The recipient fails to notify the board of regents or its designee, within 30 days, of:
(a) A change of name or of the address of his home or place of practice; or
(b) The termination of the education for which he received the loan; or
3. The recipient fails to comply with any other requirement or perform any other obligation he is required to perform pursuant to any agreement with the board of regents or its designee.
Sec. 7. A recipient of a loan made pursuant to sections 2 to 10, inclusive, of this act, shall comply with the regulations adopted by the board of regents. If he fails so to comply, the board of regents or its designee may:
1. For each infraction, impose a fine of not more than $200 against any recipient in any academic year, and may deny additional money to any student who fails to pay the fine when due;
2. Increase the portion of any future loan to be repaid by the recipient; and
3. Extend the time a recipient is required to practice nursing to repay his loan.
Sec. 8. 1. The board of regents or its designee may, after receiving an application stating the reasons therefor, grant an extension of the period for the repayment of a loan in case of hardship arising out of the individual circumstances of a recipient. The extension must be for a period that will reasonably alleviate that hardship.
2. Applications for extensions must be filed within the time prescribed by regulation of the board of regents.
Sec. 9. A person obligated to repay a student loan may, as determined by the board of regents or its designee, receive credit towards payment of the loan for professional services provided without compensation to the state or any of its political subdivisions.
Sec. 10. The board of regents may:
1. Receive, invest, disburse and account for all money received for the program.
κ1989 Statutes of Nevada, Page 2137 (CHAPTER 876, SB 90)κ
2. Report to the governor and the legislature before September 1 of any year preceding a regular session of the legislature, setting forth in detail the transactions conducted by it during the biennium ending June 30 of such year.
3. Make recommendations for any legislative action deemed by it advisable.
Sec. 11. 1. There is hereby appropriated from the state general fund to the interim finance committee the sum of $50,000 for use by the board of regents of the University of Nevada System in accordance with the provisions of sections 2 to 10, inclusive, of this act.
2. The interim finance committee shall transfer the money appropriated by subsection 1 to the board of regents upon a showing by the board of regents that it has received at least $200,000 from sources other than the State of Nevada as matching money to enable it to carry out the provisions of sections 2 to 10, inclusive, of this act.
3. If the money appropriated by subsection 1 is not transferred to the board of regents on or before June 30, 1991, it reverts to the state general fund.
Sec. 12. This act becomes effective on June 30, 1989.
________
Senate Bill No. 442Committee on Commerce and Labor
CHAPTER 877
AN ACT relating to health care; prohibiting the issuance of certain contracts of health insurance containing an exclusion of coverage relating to the treatment of the temporomandibular joint; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, no policy of health insurance may be delivered or issued for delivery in this state if it contains an exclusion of coverage of treatment of the temporomandibular joint whether by specific language in the policy or by a claims settlement practice. A policy may exclude coverage of those methods of treatment which are recognized as dental procedures, including, but not limited to, the extraction of teeth and the application of orthodontic devices and splints.
2. The insurer may limit its liability on the treatment of the temporomandibular joint to:
(a) No more than 50 percent of the usual and customary charges for such treatment actually received by an insured, but in no case more than 50 percent of the maximum benefits provided by the policy for such treatment; and
(b) Treatment which is medically necessary.
κ1989 Statutes of Nevada, Page 2138 (CHAPTER 877, SB 442)κ
3. Any provision of a policy subject to the provisions of this chapter and issued or delivered on or after January 1, 1990, which is in conflict with this section is void.
Sec. 2. Chapter 689 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, no policy of group health insurance may be delivered or issued for delivery in this state if it contains an exclusion of coverage of the treatment of the temporomandibular joint whether by specific language in the policy or by a claims settlement practice. A policy may exclude coverage of those methods of treatment which are recognized as dental procedures, including, but not limited to, the extraction of teeth and the application of orthodontic devices and splints.
2. The insurer may limit its liability on the treatment of the temporomandibular joint to:
(a) No more than 50 percent of the usual and customary charges for such treatment actually received by an insured, but in no case more than 50 percent of the maximum benefits provided by the policy for such treatment; and
(b) Treatment which is medically necessary.
3. Any provision of a policy subject to the provisions of this chapter and issued or delivered on or after January 1, 1990, which is in conflict with this section is void.
Sec. 3. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, no certificate of health insurance may be delivered or issued for delivery in this state if it contains an exclusion of coverage of the treatment of the temporomandibular joint whether by specific language in the certificate or by a claims settlement practice. A certificate may exclude coverage of those methods of treatment which are recognized as dental procedures, including, but not limited to, the extraction of teeth and the application of orthodontic devices and splints.
2. The society may limit its liability on the treatment of the temporomandibular joint to:
(a) No more than 50 percent of the usual and customary charges for such treatment actually received by a member, but in no case more than 50 percent of the maximum benefits provided by the certificate for such treatment; and
(b) Treatment which is medically necessary.
3. Any provision of a certificate subject to the provisions of this chapter and issued or delivered on or after January 1, 1990, which is in conflict with this section is void.
Sec. 4. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, no contract for hospital or medical service may be delivered or issued for delivery in this state if it contains an exclusion of coverage of the treatment of the temporomandibular joint whether by specific language in the contract or by a claims settlement practice. A contract for hospital or medical service may exclude coverage of those methods of treatment which are recognized as dental procedures, including, but not limited to, the extraction of teeth and the application of orthodontic devices and splints.
κ1989 Statutes of Nevada, Page 2139 (CHAPTER 877, SB 442)κ
including, but not limited to, the extraction of teeth and the application of orthodontic devices and splints.
2. Pursuant to a contract for hospital or medical service, a corporation may limit its liability on the treatment of the temporomandibular joint to:
(a) No more than 50 percent of the usual and customary charges for such treatment actually received by a subscriber, but in no case more than 50 percent of the maximum benefits provided by the contract for such treatment; and
(b) Treatment which is medically necessary.
3. Any provision of a contract subject to the provisions of this chapter and issued or delivered on or after January 1, 1990, which is in conflict with this section is void.
Sec. 5. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, no evidence of coverage may be delivered or issued for delivery in this state if it contains an exclusion of the coverage of treatment of the temporomandibular joint whether by specific language in the evidence of coverage or by a claims settlement practice. An evidence of coverage may exclude coverage of those methods of treatment which are recognized as dental procedures, including, but not limited to, the extraction of teeth and the application of orthodontic devices and splints.
2. The health maintenance organization may limit its liability on the treatment of the temporomandibular joint to:
(a) No more than 50 percent of the usual and customary charges for such treatment actually received by an enrollee, but in no case more than 50 percent of the maximum benefits provided by the evidence of coverage for such treatment; and
(b) Treatment which is medically necessary.
3. Any provision of an evidence of coverage subject to the provisions of this chapter and issued or delivered on or after January 1, 1990, which is in conflict with this section is void.
Sec. 6. This act becomes effective on January 1, 1990.
________
κ1989 Statutes of Nevada, Page 2140κ
Senate Bill No. 174Senators Wagner, Getto, Townsend, Beyer, Coffin, Hickey, Jacobsen, Joerg, Malone, Mello, ODonnell, Raggio, Rawson, Smith, Titus and Vergiels
CHAPTER 878
AN ACT relating to campaign practices; revising the provisions governing the reporting of campaign expenditures; requiring each candidate to open and maintain a separate account for the deposit of his campaign contributions; providing penalties; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Every candidate for state, district, county, city or township office shall, not later than 1 week after he receives minimum campaign contributions of $100, open and maintain a separate account in a financial institution for the deposit of any campaign contributions he receives. The candidate shall not commingle the money in the account with money collected for other purposes.
2. The candidate may close the separate account:
(a) If he was a candidate in a special election, after that election;
(b) If he lost in the primary election, after the primary election; or
(c) If he won the primary election, after the general election,
and as soon as all payments of money committed have been made.
3. Any candidate who willfully violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 2. NRS 294A.020 is hereby amended to read as follows:
294A.020 1. Every candidate for state, district, county or township office at a primary or general election shall not later than:
(a) Fifteen days before the primary election, for the period from 30 days after the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) [Thirty] Sixty days after the general election, for the remaining period up to 30 days after the general election,
report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) [Thirty] Sixty days after the special election, for the remaining period up to 30 days after the special election,
report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty or perjury, [30] 60 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election.
κ1989 Statutes of Nevada, Page 2141 (CHAPTER 878, SB 174)κ
shall report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty or perjury, [30] 60 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election.
4. Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 2 shall file a copy of each report with the secretary of state.
6. Except as otherwise provided in this section, any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 3. NRS 294A.035 is hereby amended to read as follows:
294A.035 1. Every candidate for city office where the general city election is preceded by a primary city election shall file the reports in the manner required by NRS 294A.010, 294A.020 and 294A.031 for other offices not later than:
(a) Fifteen days before the primary city election, for the period from 30 days after the last election for that office up to 20 days before the primary city election;
(b) Fifteen days before the general city election, whether or not the candidate won the primary city election, for the period from 20 days before the primary city election up to 20 days before the general city election; and
(c) [Thirty] Sixty days after the general city election, for the remaining period up to 30 days after the general city election.
2. Every candidate for city office where there is no primary city election shall so file those reports:
(a) Twenty days before the general city election, for the period from 30 days after the last election for that office up to 30 days before the general city election; and
(b) [Thirty] Sixty days after the general city election, for the remaining period up to 30 days after the general city election.
Sec. 4. NRS 294A.041 is hereby amended to read as follows:
294A.041 1. Every person who advocates the election of a candidate other than himself or the defeat of a candidate other than his opponent or advocates the election or defeat of a group of candidates not including himself or his opponent for national, congressional, state, district, county, municipal or township office or the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election, and every group of persons, whether formally or informally organized, which advocates the election or defeat of a candidate or the passage or defeat of a question or group of questions on the ballot shall, not later than:
(a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last election for that office to 20 days before that election;
κ1989 Statutes of Nevada, Page 2142 (CHAPTER 878, SB 174)κ
(b) Fifteen days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 20 days before that election to 20 days before the general election or general city election; and
(c) [Thirty] Sixty days after a general election or general city election, for the remaining period [until] up to 30 days after the general election or general city election,
report expenditures made on behalf of or against a candidate, group of candidates, question or group of questions on the ballot in excess of $500 on forms designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include identification of expenditures which the person or group made cumulatively in excess of $500 since the beginning of the first reporting period. The report must include a specific listing of any contributions which are required to be reported by a candidate pursuant to NRS 294A.010.
2. Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. Expenditures made to communicate with the groups own members on behalf of or against a candidate, group of candidates, question or group of questions must not be included in the report.
3. If the candidate is elected from one county or the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates or questions, the reports must be made to the officer appropriate for each candidate or question but need not be itemized by candidate or question. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state.
5. Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 5. NRS 294A.080 is hereby amended to read as follows:
294A.080 If it appears that the provisions of NRS 294A.010, 294A.020, 294A.035 or 294A.041 or section 1 of this act have been violated:
1. The secretary of state shall report the alleged violation to the attorney general; and
2. A county or city clerk shall report the alleged violation to the appropriate district attorney,
and the attorney general or district attorney to whom the report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
________
κ1989 Statutes of Nevada, Page 2143κ
Senate Bill No. 486Senator Jacobsen
CHAPTER 879
AN ACT relating to state purchasing; allowing state agencies to purchase used vehicles of the highway patrol on a priority basis; eliminating the waiting period before the Nevada Indian commission may transfer title to certain property to an Indian tribe; eliminating the requirement that the purchasing division of the department of general services notify the department of transportation of the name of certain purchasers; requiring certain surplus property to be auctioned to the general public; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:
The chief shall cause the notice of the public sale to be published in one or more newspapers of general circulation in the state. The selection of the newspapers in which the notice will appear must be made on the basis of the lowest price to be secured in relation to the paid circulation. The notice must include the information set forth in subsection 2 of NRS 333.463.
Sec. 2. NRS 333.220 is hereby amended to read as follows:
333.220 1. The chief shall:
(a) Provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies.
(b) Establish or cause to be established an adequate scheme for identification of all such property and equipment.
(c) Cause adequate records of that equipment and property to be maintained.
(d) Determine which items of property and equipment must be listed by each using agency pursuant to subsection 4, except that any item which had an original cost of $500 or more and which has a useful life of more than 2 years must be included on the list.
2. Each using agency shall submit a list on or before the last day of each month to the purchasing division and the department of administration of all equipment for which it is responsible which was lost, stolen, exchanged or deemed excess within the previous month. The list must be prepared by the officer entrusted with custody of the equipment and be approved by the officers supervisor or the head of his department or agency. A monthly physical count is not required for the preparation of the list.
3. The chief may transfer any tool, implement, machinery or other equipment in the possession of any using agency, when that equipment is not necessary for the use of the agency, to such other agency or agencies as may have need for it.
4. The records of property and equipment of the state must be maintained at all times to show the officers entrusted with the custody thereof and transfers of property between those officers. Each using agency shall conduct an annual physical count of all property and equipment charged to it and shall reconcile the results of the annual physical count with the records of inventory maintained by the chief.
κ1989 Statutes of Nevada, Page 2144 (CHAPTER 879, SB 486)κ
reconcile the results of the annual physical count with the records of inventory maintained by the chief. The chief shall maintain the current records of inventory for each state agency.
5. The regulations of the chief must prescribe the procedure by which supplies, materials and equipment may be condemned and disposed of, by sale or otherwise, when of no further use to the state. Except as otherwise provided in subsection 6, the regulations must provide that no property may be sold otherwise than to the highest bidder after every effort has been made to secure at least three competitive bids and that no condemned property of an appraised value over $1,000 may be sold except through notice published in a newspaper circulated in the area in which the sale is made.
6. Before accepting other bids, the chief shall [offer] :
(a) Offer used vehicles of the highway patrol to the using agencies and shall sell the vehicles to the highest bidder, if any, from the using agencies.
(b) Offer any used vehicles of the highway patrol which were not purchased by a using agency pursuant to paragraph (a) to the office of the sheriff of each county and to police departments of each city in the state and shall sell the vehicles to the highest bidder, if any, from those offices or departments. Bids and acceptance thereof must be made in accordance with regulations established by the chief.
Sec. 3. NRS 333.462 is hereby amended to read as follows:
333.462 Whenever the department of transportation declares any tools, implements, machinery or other equipment in its possession to be surplus or not necessary for the use of the department, or requests that any such tools, implements, machinery or other equipment be replaced, and if [such] those tools, implements, machinery or other equipment are not transferred to another agency in accordance with subsection 3 of NRS 333.220, the chief shall, notwithstanding the provisions of subsection 5 of NRS 333.220, offer the property for sale in accordance with the provisions of NRS 333.463 to 333.468, inclusive, and section 1 of this act, to the general public, various counties, incorporated cities, volunteer fire departments, the Nevada Wing of the Civil Air Patrol or any squadron thereof, and Indian tribes in this state recognized by the United States.
Sec. 4. NRS 333.465 is hereby amended to read as follows:
333.465 Bids [shall] must be opened not later than 40 days after mailing of the notice required by NRS 333.463 [, but the date of opening shall] or section 1 of this act. The date the bids are opened must not be less than 10 days after the date on which the material to be sold became available for inspection.
Sec. 5. NRS 333.466 is hereby amended to read as follows:
333.466 1. Upon the opening of bids, the chief shall accept the highest bid for each item or lot of items submitted by any county, incorporated city, unincorporated town, volunteer fire department, or Indian tribe, if the bid conforms to the requirements of NRS 333.464.
2. If no bid conforming to the requirements of NRS 333.464 is received from any county, incorporated city or volunteer fire department, the chief shall offer the tools, implements, machinery or other equipment for sale to the general public pursuant to the provisions of NRS 333.463 to 333.468, inclusive, and section 1 of this act. If no bid which conforms to those provisions is received from the general public, the chief shall transfer to the Nevada Indian commission possession of that part of the surplus tools, implements, machinery and other equipment which has a total value not to exceed $40,000 in any fiscal year as the executive director of the commission has requested for distribution to the Indian tribes, at no cost to the tribes.
κ1989 Statutes of Nevada, Page 2145 (CHAPTER 879, SB 486)κ
received from the general public, the chief shall transfer to the Nevada Indian commission possession of that part of the surplus tools, implements, machinery and other equipment which has a total value not to exceed $40,000 in any fiscal year as the executive director of the commission has requested for distribution to the Indian tribes, at no cost to the tribes.
3. The executive director of the commission shall base his request on the needs of the Nevada Indian tribes as established by the tribal chairman of each tribe.
4. The Nevada Indian commission shall distribute the property by transferring possession and title of it to the Indian tribes. [Two years after the distribution of the property, title to it may be transferred to the Indian tribe in possession of it.
5. The proceeds from any subsequent sale of any surplus tools, implements, machinery or other equipment, transferred to the Indian tribes pursuant to this section, shall be paid]
5. If an Indian tribe sells property transferred to it pursuant to subsection 4 within 2 years after the transfer, it shall pay the proceeds from the sale into the state highway fund in the state treasury . [unless the sale is consummated after title to the surplus property has been transferred pursuant to subsection 4.]
6. An Indian tribe that fails to comply with the provisions of subsection 5 is not eligible for any further distributions of property pursuant to subsection 4 until the proceeds or an equivalent amount of money has been deposited in the state highway fund.
7. The chief may dispose of the surplus personal property not claimed pursuant to subsection 2 in such other manner as is provided by law.
Sec. 6. NRS 333.467 is hereby amended to read as follows:
333.467 [1.] Upon the acceptance of any bid, the chief shall notify the department of transportation of the acceptance and certify to:
[(a)] 1. A description of each item or lot of items sold to the purchaser;
[(b) The name of the purchaser; and
(c)] and
2. The sales price of each item or lot of items so sold.
[2. Upon receipt of the certificate and payment of the sales price specified therein, the department of transportation shall transfer title to the property to the purchaser.]
Sec. 7. NRS 333.480 is hereby amended to read as follows:
333.480 [1. Except as provided in subsection 2, the chief is authorized and directed to] The chief may purchase or acquire on behalf of the State of Nevada, and all officers, departments, institutions, boards, commissions, schools and other agencies in the executive department of the state government, volunteer fire departments, local governments as defined in NRS 354.474, conservation districts or irrigation districts of the State of Nevada, [all] any supplies, materials [and] or equipment of any kind [and nature] required or deemed advisable for [such] the state officers, departments, institutions, boards, commissions, schools, volunteer fire departments and other agencies or local governments as defined in NRS 354.474, conservation districts or irrigation districts that may be available from the General Services Administration or any other governmental agency dealing in [war surplus material] supplies, materials, equipment or donable [war] surplus material.
κ1989 Statutes of Nevada, Page 2146 (CHAPTER 879, SB 486)κ
Administration or any other governmental agency dealing in [war surplus material] supplies, materials, equipment or donable [war] surplus material.
[2. The provisions of subsection 1 do not apply to the school lunch program as administered by the state board of education.]
________
Assembly Bill No. 658Assemblymen Callister, Spinello and Sedway
CHAPTER 880
AN ACT relating to education; prohibiting the board of trustees of a school district from allowing a teachers aide to serve as a teacher; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.273 is hereby amended to read as follows:
391.273 1. Unless specifically exempted pursuant to subsection 4, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed personnel are in the immediate location of the licensed personnel and are readily available during such times when supervision is required.
2. Unlicensed personnel who are exempted pursuant to subsection 4 must be under administrative supervision when performing duties which are instructional in nature.
3. Unlicensed personnel may temporarily perform duties under administrative supervision which are not primarily instructional in nature.
4. Upon application by a superintendent of schools, the superintendent of public instruction may grant an exemption from the provisions of subsection 1. The superintendent shall not grant an exemption unless:
(a) The duties are within the employees special expertise or training;
(b) The duties relate to the humanities or an elective course of study, or are supplemental to the basic curriculum of a school;
(c) The performance of the duties does not result in the replacement of a licensed employee or prevent the employment of a licensed person willing to perform those duties;
(d) The secondary or combined school in which the duties will be performed has less than 100 pupils enrolled and is at least 30 miles from a school in which the duties are performed by licensed personnel; and
(e) The unlicensed employee submits his fingerprints for an investigation pursuant to NRS 391.020.
5. The superintendent of public instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district, and advise the clerk of any changes therein. The record must contain:
(a) The name of the exempt employee;
κ1989 Statutes of Nevada, Page 2147 (CHAPTER 880, AB 658)κ
(b) The specific instructional duties he may perform;
(c) Any terms or conditions of the exemption deemed appropriate by the superintendent of public instruction; and
(d) The date the exemption expires or a statement that the exemption is valid as long as the employee remains in the same position at the same school.
6. The superintendent of public instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.
7. Except in an emergency, it is unlawful for the board of trustees of a school district to allow a person employed as a teachers aide to serve as a teacher unless the person is a legally qualified teacher licensed by the superintendent of public instruction. As used in this subsection, emergency means an unforeseen circumstance which requires immediate action and includes the fact that a licensed teacher or substitute teacher is not immediately available.
8. If the superintendent of public instruction determines that the board of trustees of a school district has violated the provisions of subsection 7, he shall take such actions as are necessary to reduce the amount of money received by the district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:
(a) The number of days on which the violation occurred;
(b) The number of pupils in the classroom taught by the teachers aide; and
(c) The number of dollars of basic support apportioned to the district per pupil per day pursuant to NRS 387.1233.
________
Assembly Bill No. 551Committee on Ways and Means
CHAPTER 881
AN ACT relating to education; authorizing the governor to execute the Interstate Compact for Education; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 34 of NRS is hereby amended by adding thereto a new chapter to read as follows:
The governor is hereby authorized and directed to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:
ARTICLE I
Purpose and Policy
A. It is the purpose of this compact to:
κ1989 Statutes of Nevada, Page 2148 (CHAPTER 881, AB 551)κ
1. Establish and maintain close cooperation and understanding among executive, legislative and professional and nonprofessional educational leadership on a national basis at the state and local levels.
2. Provide a forum for the discussion, development and recommendation of alternatives for public policy in the field of education.
3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both nonprofessional and professional groups in the field of education may have additional ways to share experiences and exchange ideas while forming public policy for education.
4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.
B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages and diversity among localities and states.
C. The states which have entered into this compact recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of persons within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.
ARTICLE II
State Defined
As used in this compact, state means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
ARTICLE III
The Commission
A. The education commission of the states, hereinafter called the commission, is hereby established. The commission consists of seven members representing each state which has entered into this compact. The members representing Nevada are:
1. The governor;
2. Two senators appointed by the majority leader of the senate;
3. Two assemblymen appointed by the speaker of the assembly; and
4. Two persons appointed by the governor.
In addition, there may be not more than 10 nonvoting commissioners selected by the steering committee for terms of 1 year. These commissioners must represent leading national organizations of professional educators or persons concerned with educational administration.
κ1989 Statutes of Nevada, Page 2149 (CHAPTER 881, AB 551)κ
represent leading national organizations of professional educators or persons concerned with educational administration.
B. The members of the commission are entitled to one vote each. No action of the commission is binding unless it is taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. The commission may act only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to:
1. Approve budgets or requests for appropriations;
2. Make recommendations of policy pursuant to Article IV; or
3. Adopt the annual report.
C. The commission shall adopt a seal.
D. The commission shall elect annually, from among its members, a governor to serve as its chairman, a vice chairman and a treasurer. The commission shall provide for the appointment of an executive director. The executive director shall serve at the pleasure of the commission. The executive director, treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall require. The executive director shall act as secretary.
E. The executive director, subject to the approval of the steering committee, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix their duties and compensation. The commission in its bylaws shall provide for the policies and programs for the personnel of the commission.
F. The commission may borrow, accept or contract for the services of personnel.
G. The commission may accept for any of its purposes and functions under this compact any donations, grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation or corporation, and may receive, utilize and dispose of such gifts and grants. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph F of this Article must be reported in the annual report of the commission. The report must include the nature, amount and conditions, if any, of the donation, grant or services borrowed, and the identity of the donor or lender.
H. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold and convey real and personal property and any interest therein.
I. The commission shall adopt bylaws for the conduct of its business and may amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each state which has entered into this compact.
J. The commission annually shall make to the governor and legislature of each state which has entered into this compact a report covering the activities of the commission for the preceding year.
κ1989 Statutes of Nevada, Page 2150 (CHAPTER 881, AB 551)κ
of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.
ARTICLE IV
Powers
In addition to any authority conferred on the commission by other provisions of the compact, the commission may:
1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources.
2. Encourage and foster research in all respects of education, but with special reference to the desirable scope of instruction, organization, administration and instructional methods and standards employed or suitable for employment in public educational systems.
3. Develop proposals for adequate financing of education as a whole and at each of its many levels.
4. Conduct or participate in research in any instance where it finds that the research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional organizations for higher education and other agencies and institutions, both public and private.
5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officers.
6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.
ARTICLE V
Cooperation With Federal Government
A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the Federal Government, the United States may be represented on the commission by not more than 10 representatives. Any such representative of the United States must be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the Federal Government, but no such representative may have a vote on the commission.
B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the Federal Government concerning the common educational policies of the states, and may confer with any such agencies or officers concerning any matter of mutual interest.
ARTICLE VI
Committees
A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of 32 members which, subject to the provisions of this compact and consistent with the policies of the commission, is constituted and functions as provided in the bylaws of the commission.
κ1989 Statutes of Nevada, Page 2151 (CHAPTER 881, AB 551)κ
with the policies of the commission, is constituted and functions as provided in the bylaws of the commission. One-fourth of the voting membership of the steering committee must consist of governors, one-fourth must consist of legislators and the remainder must consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee have terms of 2 years, except that members elected to the first steering committee of the commission must be elected as follows: 16 for 1 year and 16 for 2 years. The chairman, vice chairman and treasurer of the commission must be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee do not affect its authority to act, but the commission at its next regular meeting following the occurrence of any vacancy shall fill it for the unexpired term. A person shall not serve more than two terms as a member of the steering committee; provided that service for a partial term of 1 year or less must not be counted toward the limitation.
B. The commission may establish advisory and technical committees composed of state, local, federal officers and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the states which have entered into this compact.
C. The commission may establish such additional committees as its bylaws may provide.
ARTICLE VII
Finance
A. The commission shall advise the governor or designated officer of each state which has entered into this compact of its budget and estimated expenditures for such period as may be required by the laws of that state. Each of the commissions budgets of estimated expenditures must contain specific recommendations of the amount to be appropriated by each of the states.
B. The total amount of requests under any budget must be apportioned among the states, In making the apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita levels of income of the states.
C. The commission shall not pledge the credit of any state. The commission may meet any of its obligations in whole or in part with money available to it pursuant to Article III of this compact, provided that the commission takes specific action setting aside the money before incurring an obligation to be met in whole or in part in that manner. Except where the commission makes use of money available to it pursuant to Article III, the commission shall not incur any obligation before receiving an allotment of money from the states which is adequate to meet the obligation.
D. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the procedures for audit and accounting established by its bylaws. However, all receipts and disbursements of money handled by the commission must be audited yearly by a qualified public accountant.
κ1989 Statutes of Nevada, Page 2152 (CHAPTER 881, AB 551)κ
audited yearly by a qualified public accountant. The report of the audit must be included in and become part of the annual reports of the commission.
E. The accounts of the commission must be open at any reasonable time for inspection by officers of the states which have entered into this compact and by any other persons authorized by the commission.
F. Nothing contained in this compact prohibits compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.
ARTICLE VIII
Eligible Parties; Entry Into and Withdrawal
A. This compact has as eligible parties all states, territories and possessions of the United States, the District of Columbia and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term governor, as used in this compact, shall be deemed to mean the closest equivalent officer of the jurisdiction.
B. Any state of other eligible jurisdiction may enter into this compact and it becomes binding thereon when it is adopted by that state or jurisdiction, except that in order to enter into initial effect, adoption by at least 10 eligible jurisdictions is required.
C. Any state may withdraw from this compact by enacting a statute repealing the compact, but such a withdrawal does not take effect until 1 year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other states which have entered into this compact. No withdrawal affects any liability already incurred by or chargeable to a state before its withdrawal.
ARTICLE IX
Amendments to the Compact
This compact may be amended by a vote of two-thirds of the members of the commission present and voting when ratified by the legislatures of two-thirds of the states which have entered into this compact.
ARTICLE X
Construction and Severability
This compact must be liberally construed so as to effectuate the purposes thereof. The provisions of this compact are severable and if any phrase, clause, sentence or provision of this compact is declared to be unconstitutional, or the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance must not be affected thereby. If this compact is held contrary to the constitution of any state participating therein, the compact remains in effect as to the state affected as to all severable matters.
________
κ1989 Statutes of Nevada, Page 2153κ
Assembly Bill No. 465Committee on Ways and Means
CHAPTER 882
AN ACT relating to data processing; defining the duties of the division of planning and research of the department of data processing; authorizing state agencies and elected officers to hire data processing personnel upon approval of the governor and the director of data processing; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 242 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, the division of planning and research of the department of data processing shall:
(a) Develop policies and standards for the data processing requirements of the executive branch of government;
(b) Coordinate the development of a biennial state plan for the data processing requirements of the executive branch of government;
(c) Develop guidelines to assist state agencies in the development of short- and long-term plans for their data processing requirements;
(d) Develop guidelines and procedures for the procurement of data processing equipment, maintenance of that equipment, procurement of software used with that equipment and programming for the data processing requirements of the executive branch of government;
(e) Develop standards to ensure the security of equipment and information used in data processing activities of the executive branch of government;
(f) Develop guidelines, procedures and specifications for the procurement of hardware and software for personal computers and the maintenance of that equipment for the data processing requirements of the executive branch of government; and
(g) Perform other planning and research functions at the direction of the director.
2. This section does not apply to the University of Nevada System or the Nevada criminal justice information computer operated by the Nevada highway patrol division of the department of motor vehicles and public safety.
Sec. 3. 1. The director may recommend to the governor that a state agency or elected officer that is required to use the departments equipment or services be authorized to employ one or more persons to perform data processing exclusively for the agency or officer if:
(a) The director finds that it is in the best interests of the state to authorize the employment by the agency or elected officer;
(b) The agency or elected officer agrees to provide annually to the department sufficient information to determine whether the authorized employment continues to be in the best interests of the state; and
(c) The agency or elected officer agrees to ensure that the person or persons employed complies with the provisions of this chapter and the regulations adopted thereunder.
κ1989 Statutes of Nevada, Page 2154 (CHAPTER 882, AB 465)κ
2. The director may recommend to the governor the revocation of the authority of a state agency or elected officer to employ a person or persons pursuant to subsection 1 if the director finds that the person or persons employed have not complied with the provisions of this chapter or the regulations adopted thereunder.
Sec. 4. Regulations, policies, standards and guidelines adopted pursuant to the provisions of this chapter must be developed after consultation and coordination with state agencies that are not required to use the services or equipment of the department.
Sec. 5. NRS 242.111 is hereby amended to read as follows:
242.111 The director shall adopt regulations necessary for the administration of this chapter, including:
1. The policy for data processing of the [state agencies and elected state officers which use the departments services or equipment] executive branch of government, excluding the University of Nevada System and the Nevada criminal justice information computer operated by the Nevada highway patrol division of the department of motor vehicles and public safety, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for selection, location and use of date processing equipment, in order that the data processing needs of state agencies and officers may be met at the least cost to the state;
2. The departments procedures in performing data processing, which may include provision for the performance, by any agency which uses the services or equipment of the department, of preliminary procedures, such as data recording and verification, within the agency;
3. The effective administration of the division of facility management, including security to prevent unauthorized access to data and plans for the recovery of systems and applications after they have been disrupted; and
4. Specifications and standards for the employment of all personnel of the department.
Sec. 6. NRS 242.151 is hereby amended to read as follows:
242.151 The director shall advise the using agencies regarding:
1. The policy for data processing of the [state agencies and elected state officers who use services or equipment for data processing] executive branch of government, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for the selection, location and use of data processing equipment in order that the data processing needs of state agencies and officers may be met at the least cost to the state;
2. The procedures in performing data processing; and
3. The effective administration and use of the computer facility, including security to prevent unauthorized access to data and plans for the recovery of systems and applications after they have been disrupted.
Sec. 7. This act becomes effective on July 1, 1989.
________
κ1989 Statutes of Nevada, Page 2155κ
Assembly Bill No. 352Assemblyman Dini
CHAPTER 883
AN ACT relating to rural health care; requiring the University of Nevada System to establish a rural family practice project through its School of Medicine; authorizing the board of regents of the University of Nevada System to create the Nevada health service corps; requiring the state board of health to adopt certain regulations; requiring a study of the licensure of rural hospitals; making appropriations; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.037 is hereby amended to read as follows:
449.037 1. The board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive.
(b) Regulations governing the licensing of such facilities.
(c) Such other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.
2. The board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
which provide care to persons with Alzheimers disease.
3. The board shall adopt separate regulations for the licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
4. The board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
5. As used in this section, rural hospital means a hospital with 85 or fewer beds which is:
(a) The sole institutional provider of health care located within a county whose population is less than 100,000;
(b) The sole institutional provider of health care located within a city whose population is less than 20,000; or
(c) Maintained and governed pursuant to NRS 450.550 to 450.700, inclusive.
Sec. 2. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.
Sec. 3. The board of regents of the University of Nevada System may establish a Nevada health service corps to encourage physicians to practice in areas of Nevada in which a shortage of physicians exists.
Sec. 4. 1. The board of regents may authorize the Nevada health service corps to administer a program under which $15,000 of loans are repaid on behalf of a physician for each year he practices medicine in an area of Nevada in which a shortage of physicians exists.
κ1989 Statutes of Nevada, Page 2156 (CHAPTER 883, AB 352)κ
2. To qualify for the program the physician must have completed his primary care residency and hold an active license issued pursuant to chapter 630, 630A, 633 or 634 of NRS.
Sec. 5. The primary purposes of the Nevada health service corps must be to:
1. Recruit physicians for participation in the program;
2. Designate areas of Nevada in which a shortage of physicians exists;
3. Match physicians with the designated areas; and
4. Help physicians to negotiate contracts to serve in the designated areas.
Sec. 6. The board of regents may:
1. Apply for any matching money available for the program from the Federal Government.
2. Adopt regulations necessary to carry out the provisions of sections 3 to 6, inclusive, of this act.
3. Receive, invest, disburse and account for all money received from the Federal Government or any other source for this program.
Sec. 7. Section 14 of Assembly Bill No. 619 of this session is hereby amended to read as follows:
Sec. 14. NRS 449.037 is hereby amended to read as follows:
449.037 1. The board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive [.] , and for programs of hospice care.
(b) Regulations governing the licensing of such facilities [.
(c) Such] and programs.
(c) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.
2. The board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
which provide care to persons with Alzheimers disease.
3. The board shall adopt separate regulations for the licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
4. The board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental wellbeing of each person accommodated in the facility.
5. As used in this section, rural hospital means a hospital with 85 or fewer beds which is:
(a) The sole institutional provider of health care located within a county whose population is less than 100,000;
(b) The sole institutional provider of health care located within a city whose population is less than 20,000; or
(c) Maintained and governed pursuant to NRS 450.550 to 450.700, inclusive.
κ1989 Statutes of Nevada, Page 2157 (CHAPTER 883, AB 352)κ
Sec. 8. 1. The board of regents of the University of Nevada System shall establish a rural family practice project in accordance with the provisions of this section.
2. The legislature intends that the project be a model for attracting and retaining family physicians in rural Nevada.
3. The project must include a consultation team consisting of a general surgeon, a general internist and an obstetrician/gynecologist. A family physician must be recruited as a faculty member of the School of Medicine to live and practice in Yerington. The family physician and the members of the consultation team must receive a guaranteed salary. The family physician must receive the same benefits as other members of the faculty. The salaries of the family physician and the consultation team may be offset by money generated by the project. The family physician must be assigned teaching duties, including the supervision of residents and the instruction of students, in addition to the family practice.
4. The family physician and the consultation team shall cooperate to provide services for the community as needed. The director of the Health Service Corps shall coordinate and manage the project. The School of Medicine must provide consultation and other appropriate services to support the project.
5. The board of regents, with the approval of the interim finance committee, may extend the project to other rural areas of the state if sufficient money remains from the money appropriated for this purpose by the legislature.
Sec. 9. 1. There is hereby appropriated from the state general fund to the University of Nevada System for the establishment and operation of a pilot program for the provision of obstetrical care in rural areas of Nevada, the establishment of a Nevada health service corps pursuant to sections 2 to 6, inclusive, of this act and the establishment of a rural family practice project pursuant to section 8 of this act:
For the fiscal year 1989-90........................................................................ $110,000
For the fiscal year 1990-91........................................................................ $280,000
2. The University of Nevada System shall allocate the money appropriated by subsection 1 to the appropriate entities to carry out the purposes of the appropriations.
3. 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. 10. 1. There is hereby appropriated from the state general fund to the Nevada Health Facilities Education and Research Foundation the sum of $75,000 for the study of the licensure of rural hospitals.
2. The Nevada Health Facilities Education and Research Foundation, through the Nevada Rural Hospital Project, shall conduct a comprehensive study which includes:
(a) The identification, review and evaluation of federal and state requirements which affect the cost of and ability to deliver health care to rural Nevadans;
(b) The identification, review and evaluation of data concerning how other states address the delivery of rural health care;
κ1989 Statutes of Nevada, Page 2158 (CHAPTER 883, AB 352)κ
(c) The identification, review and evaluation of data concerning existing or needed changes in federal policy and regulation which affect the feasibility of changes in state regulation;
(d) The development of proposed legislation to create a new designation for rural hospitals which would allow the provision of limited services in a setting where resources are focused on compliance with standards and regulations which materially improve the care of patients; and
(e) The coordination and integration of the results of the study into new licensing standards for rural hospitals.
3. The Nevada Rural Hospital Project shall report regularly to the legislative committee on health care concerning the progress and development of proposed legislation.
4. The Nevada Rural Hospital Project shall make its finding available to the state board of health.
Sec. 11. The state board of health shall not adopt regulations pursuant to the amendatory provisions of subsection 3 of section 1 of this act until it receives the findings of the Nevada Rural Hospital Project pursuant to subsection 4 of section 10 of this act.
Sec. 12. This act becomes effective on July 1, 1989.
________
Assembly Bill No. 394Committee on Elections
CHAPTER 884
AN ACT relating to elections; increasing the term of office of the members of a town board; requiring each political party to file a certificate of existence with the secretary of state; requiring each county health officer to send a certified copy of a certificate of death of any person 17 years of age or older to the county clerk or registrar of voters of the county where the deceased person resided; requiring the registration of committees for political action; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.128 is hereby amended to read as follows:
293.128 1. To qualify as a major political party any organization must, under a common name:
(a) On January 1 preceding any primary election, have been designated as a political party on the affidavits of registration of at least 10 percent of the total number of registered voters in the state; or
(b) File a petition with the secretary of state not later than the last Friday in June before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for Representative in Congress.
2. If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by at least one of its signers to the effect that the signers are registered voters of the state according to his best information and belief and that the signatures are genuine and were signed in his presence.
κ1989 Statutes of Nevada, Page 2159 (CHAPTER 884, AB 394)κ
signers are registered voters of the state according to his best information and belief and that the signatures are genuine and were signed in his presence. Each document of the petition must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than 65 days before the last Friday in June preceding a primary election.
3. In addition to the requirements set forth in subsection 1, each organization which wishes to qualify as a political party must file with the secretary of state a certificate of existence which includes the:
(a) Name of the political party;
(b) Names and addresses of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person who is authorized by the party to act as resident agent in this state.
4. A political party shall file with the secretary of state an amended certificate of existence within 5 days after any change in the information contained in the certificate.
Sec. 2. NRS 293.165 is hereby amended to read as follows:
293.165 1. [A] Except as otherwise provided in NRS 293.166, a vacancy occurring in a party nomination for office may be filled by a candidate designated by the party central committee of the county or state, as the case may be, subject to the provisions of subsections 3 and 4.
2. A vacancy occurring in a nonpartisan nomination after a primary election and before the [3rd] second Tuesday in September must be filled by the person who received the next highest vote for the nomination in the primary.
3. No change may be made on the ballot after the [3rd] second Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.
4. All designations provided for in this section must be filed before 5 p.m. of the [3rd] second Tuesday in September. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed before 5 p.m. of that date.
Sec. 3. NRS 293.166 is hereby amended to read as follows:
293.166 1. A vacancy occurring in a party nomination for the office of state senator or assemblyman from a legislative district comprising more than one county may be filled as follows, subject to the provisions of subsections 2 and 3. The county commissioners of each county all or part of which is included within the legislative district, shall meet to appoint a person of the same political party as the former nominee to fill the vacancy, under the chairmanship of the chairman of the board of county commissioners of the county whose population residing within the district is the greatest. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. Then the boards shall meet jointly and the chairman on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce.
κ1989 Statutes of Nevada, Page 2160 (CHAPTER 884, AB 394)κ
special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each as a group select one candidate, and the nominee must be chosen by drawing lots among the persons so selected.
2. No change may be made on the ballot after the [3rd] second Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.
3. The designation of a nominee pursuant to this section must be filed with the secretary of state before 5 p.m. of the [3rd] second Tuesday in September, and the statutory filing fee must be paid with the designation.
Sec. 4. NRS 293.171 is hereby amended to read as follows:
293.171 1. To qualify as a minor political party an organization must file with the secretary of state a certificate of existence which includes the:
(a) Name of the political party;
(b) Names of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person authorized to file the list of its candidates with the secretary of state.
2. A copy of the constitution or bylaws of the party must be affixed to the certificate.
3. A minor political party shall file with the secretary of state an amended certificate of existence within 5 days after any change in the information contained in the certificate.
4. The constitution or bylaws of a minor political party must provide a procedure for the nomination of its candidates in such a manner that only one candidate may be nominated for each office.
5. A minor political party [which fails to file a list of candidates pursuant to NRS 293.1725] whose candidates do not appear on the ballot for the general election must file a notice of continued existence with the secretary of state not later than the [2nd] second Friday in August preceding the general election.
6. A minor political party which fails to file a notice of continued existence as required by subsection 5 ceases to exist as a minor political party in this state.
Sec. 5. NRS 293.1715 is hereby amended to read as follows:
293.1715 1. The names of the candidates of a minor political party must not appear on the ballot for a primary election.
2. The names of the candidates of a minor party must be placed on the ballot for the general election if the party has filed a certificate of existence and a list of its candidates pursuant to NRS 293.1725 with the secretary of state [not later than 65 days before the 2nd Friday in August preceding the general election] and:
(a) At the last preceding general election, the minor political party polled for any of its candidates a number of votes equal to or more than 3 percent of the total number of votes cast for Representative in Congress;
κ1989 Statutes of Nevada, Page 2161 (CHAPTER 884, AB 394)κ
(b) On January 1 preceding a primary election, the minor political party has been designated as a political party on the affidavits of registration of at least 3 percent of the total number of registered voters in the state; or
(c) Not later than the [2nd] second Friday in August preceding the general election, files a petition with the secretary of state which is signed by at least 3 percent of the total number of votes cast at the last preceding general election for Representative in Congress.
3. The name of only one candidate of each minor political party for each office may appear on the ballot for a general election.
Sec. 6. NRS 293.1725 is hereby amended to read as follows:
293.1725 1. A minor political party which desires to place its candidates on the ballot for a general election and:
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715; or
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715,
must file with the secretary of state a list of its candidates not earlier than January 1 preceding the election nor later than the last Friday in June. The list must be [filed with the secretary of state] signed by the person so authorized in the certificate of existence of the minor political party [.] before a notary public or other person authorized to take acknowledgments.
2. The secretary of state shall immediately transmit a certified copy of the list of candidates of each minor political party to the filing officer with whom each candidate must file his declaration of candidacy.
3. Each candidate on the list must file his declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates of his minor political party is filed with the secretary of state nor later than the [1st] first Wednesday in July.
Sec. 7. NRS 293.1755 is hereby amended to read as follows:
293.1755 1. In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least 30 days before the close of filing of declarations of candidacy , acceptances of candidacy or affidavits of candidacy for the office which he seeks, he has been a legal resident of the state, district, county, township, city or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.
2. Any person who knowingly and willfully files an acceptance [, certificate] of candidacy, affidavit of candidacy or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.
3. Any person convicted [under] pursuant to the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.
4. The provisions of this section do not apply to candidates for the office of district attorney.
Sec. 8. NRS 293.176 is hereby amended to read as follows:
293.176 1. Except as otherwise provided in subsection 2, no person may be a candidate for a party nomination in any [primary] election if he has changed the designation of his political party affiliation on an official affidavit of registration in the State of Nevada or in any other state since the September 1 next preceding the closing filing date for the election, whether or not his previous registration was still effective at the time of the change in party designation.
κ1989 Statutes of Nevada, Page 2162 (CHAPTER 884, AB 394)κ
of registration in the State of Nevada or in any other state since the September 1 next preceding the closing filing date for the election, whether or not his previous registration was still effective at the time of the change in party designation.
2. The provisions of subsection 1 do not apply to any person who is a candidate for a party nomination of a political party which was not qualified as such on September 1 next preceding the closing filing date for the election.
Sec. 9. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as provided in NRS 293.165, no name may be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m. of the first Wednesday in July.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:
Declaration of Candidacy of ........... for the
Office of .......................
State of Nevada }
}ss.
County of ........................................................ }
For the purpose of having my name placed on the official [primary] ballot as a candidate for the .......................... Party nomination for the office of ............................., I, the undersigned ......................, do swear (or affirm) that I reside at No. ..........., ............. Street, in the City (or Town) of ........................, County of ....................., State of Nevada; [that I am a registered voter of the election precinct in which I reside;] that my actual [, as distinguished from constructive,] residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ........................... Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a [nonpartisan candidate or as a] candidate of the ............................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent [practice] practices in campaigns and elections in this state; that I will qualify for the office if elected thereto; and that I understand that my name will appear on all ballots as [here designated.]
κ1989 Statutes of Nevada, Page 2163 (CHAPTER 884, AB 394)κ
thereto; and that I understand that my name will appear on all ballots as [here designated.] designated in this declaration.
...........................................................................
(Designation of name)
...........................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ...... day of ............, 19.....
.....................................................................................................................
Notary Public (or other person
authorized to administer an oath)
(b) For nonpartisan office:
Declaration of Candidacy of ........... for the Office of .......................
State of Nevada }
}ss.
County of ........................................................ }
For the purpose of having my name placed on the official ballot as a candidate for the office of ........................., I, the undersigned ..............................., do swear (or affirm) that I reside at No. .........., .......... Street, in the City (or Town) of .........................., County of ..................., State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name will appear on all ballots as designated in this declaration.
...........................................................................
(Designation of name)
...........................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ...... day of ............, 19.....
.....................................................................................................................
Notary Public (or other person
authorized to administer an oath)
κ1989 Statutes of Nevada, Page 2164 (CHAPTER 884, AB 394)κ
3. A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.
4. [The party designation in nonpartisan elections must not be shown on the declaration of candidacy.] An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.
5. The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidates address is described as a box in a post office unless a street address has not been assigned to his residence.
Sec. 10. NRS 293.200 is hereby amended to read as follows:
293.200 1. Independent candidates for partisan office must file with the proper filing officer a petition of candidacy signed by a number of registered voters equal to at least 3 percent of the total number of ballots cast in the state or in the county or district electing that officer at the last preceding general election.
2. The petition may consist of more than one document. Each document must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 65 days before filing the petition of candidacy with the proper filing officer. Each signer shall add to his signature the address of the place at which he actually resides and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. One of the signers of each document of the petition shall sign an affidavit attesting that the signatures on the [petition] document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.
3. The petition of candidacy may state the principle, if any, which the person qualified represents.
4. Petitions of candidacy must be filed not earlier than January 1 preceding the general election and not later than 5 p.m. on the [2nd] second Friday in August.
5. No petition of candidacy may contain the name of more than one candidate for each office to be filled.
6. A person may not file as an independent candidate if he is proposing to run as the candidate of a political party whose name includes the word independent.
7. The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.
8. If the candidacy of any person seeking to qualify [under] pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the [3rd] third Friday in August. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the [3rd] third Friday in August.
9. Any challenge pursuant to subsection 8 must be filed with:
κ1989 Statutes of Nevada, Page 2165 (CHAPTER 884, AB 394)κ
(a) The first judicial district court if the petition of candidacy was filed with the secretary of state.
(b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.
10. An independent candidate for partisan office must file a declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than January 1 of the year in which the election is held nor later than 5 p.m. of the first Wednesday in July.
Sec. 11. NRS 293.267 is hereby amended to read as follows:
293.267 1. Ballots for a general election or general city election must contain the names of candidates who were nominated at the primary election or primary city election , the names of the candidates of a minor political party and the names of independent candidates.
2. Names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.
3. Except for city elections as otherwise provided in subsection 4:
(a) Immediately following the name of each candidate for a partisan office must appear the name of his political party or the word independent, as the case may be.
(b) Immediately following the name of each candidate for a nonpartisan office must appear the word nonpartisan.
4. Where a system of voting other than by paper ballot is used, the secretary of state may provide for any placement of the name of the political party or the word independent or nonpartisan which clearly relates the designation to the name of the candidate to whom it applies.
Sec. 12. NRS 293.304 is hereby amended to read as follows:
293.304 1. When the eligibility of a voter to vote in a primary or general election is successfully challenged solely on the basis of a change of residence within the county, the election board shall issue a statement to the voter on a form provided by the secretary of state which contains:
(a) The name of the voter;
(b) The address which appears on the record of voter registration;
(c) The address at which the voter actually resides;
(d) The signatures of the members of the election board who issued the statement; and
(e) Other information which the secretary of state deems necessary to carry out the provisions of this section.
2. The county clerk of each county shall maintain a special polling place [in his office] in each polling location during each primary or general election. The ballots for the special polling place must contain provisions for voting for any of the following offices and questions if an election is being held for the offices and questions, and no others:
(a) President and Vice President of the United States;
(b) United States Senator;
(c) All state officers for whom all voters in the state may vote;
(d) All county officers for whom all voters in the county may vote; and
(e) Questions which have been submitted to all of the voters of the county or state.
κ1989 Statutes of Nevada, Page 2166 (CHAPTER 884, AB 394)κ
3. When a person comes to the [office of the county clerk] special polling place and presents a properly prepared statement issued pursuant to subsection 1, the county clerk shall permit him to vote at the special polling place, using the special ballot prepared pursuant to subsection 2.
4. The secretary of state shall provide by regulation for:
(a) Forms for statements; and
(b) The counting and security of ballots voted at a special polling place.
Sec. 13. NRS 293.315 is hereby amended to read as follows:
293.315 1. A registered voter referred to in NRS 293.313 may, at any time before 5 p.m. on the Tuesday preceding any election, make an application to that clerk for an absent voters ballot. The application is not available for public inspection except by:
(a) The voter named in the application;
(b) A candidate whose name appears on the ballot for that election; or
(c) The candidates official designee who possesses a letter signed under penalty of perjury which states that the person is the representative of the candidate.
When the voter, candidate or candidates official designee, as the case may be, has identified himself to the satisfaction of the clerk, he is entitled to inspect the application.
2. When the voter has identified himself to the satisfaction of the clerk, he is entitled to receive the appropriate ballot or ballots, but only for his own use.
Sec. 14. NRS 293.3155 is hereby amended to read as follows:
293.3155 Notwithstanding any other provisions of this Title:
1. Any registered voter of this state who resides outside [the United States, its territories or possessions] this state may use the form provided by the Federal Government as a special absent ballot for a general election if the voter:
(a) Requests an absent ballot and the request is received by the county clerk not later than 30 days before the election; and
(b) Does not receive the absent ballot.
2. The special absent ballot must be used only for the offices of President and Vice President of the United States, United States Senator and Representative in Congress. The ballot must allow the registered voter to vote by writing in his choice of a political party for each office, the name of a candidate for each office, or the name of the person whom the voter prefers for each office.
3. The special absent ballot must not be counted if:
(a) It is submitted from any location within [the United States, its territories or possessions;] this state;
(b) The county clerk receives the request for an absent ballot less than 30 days before the general election; or
(c) The county clerk receives the absent ballot on or before the date of the general election.
Sec. 15. NRS 293.327 is hereby amended to read as follows:
293.327 1. If a request for an absent ballot is made by a registered voter in person, the county or city clerk shall issue an absent ballot to the registered voter, and the ballot must be voted on the premises of the clerks office and returned to the clerk.
κ1989 Statutes of Nevada, Page 2167 (CHAPTER 884, AB 394)κ
returned to the clerk. The clerk shall follow the same procedure as in the case of absent ballots received by mail.
2. At least 25 days before an election [,] until 5:00 p.m. the day before the election, each county clerk and city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued absent ballots in accordance with this section.
Sec. 16. NRS 293.393 is hereby amended to read as follows:
293.393 1. On or before the [10th] fifth working day after any general election or general city election, the board of county commissioners or city council shall open the returns of votes cast and make abstracts of the votes.
2. Abstracts of votes must be prepared in such manner as the secretary of state prescribes by regulation.
3. The county or city clerk shall make out a certificate of election to each of the persons having the highest number of votes for the district, county, city and township offices.
4. Each such certificate must be delivered to the person elected upon application at the office of the county or city clerk.
Sec. 17. NRS 293.403 is hereby amended to read as follows:
293.403 1. After the canvass of the vote in any election, any candidate defeated at the election may demand and receive a recount of the vote for the office for which he is a candidate if within [5] 3 days after the certification of the abstract of votes:
(a) He makes his demand to the officer with whom he filed his declaration of candidacy, affidavit of candidacy or acceptance of candidacy; and
(b) He deposits in advance the estimated costs of the recount with that officer.
2. After the canvass of the vote in any election, any voter at the election may demand and receive a recount of the vote for a ballot question if within [5] 3 days after the certification of the abstract of votes:
(a) He makes his demand to:
(1) The secretary of state, if the demand is for a recount of a ballot question affecting more than one county; or
(2) The county or city clerk who will conduct the recount, if the demand is for a recount of a ballot question affecting only one county or city; and
(b) He deposits in advance the estimated costs of the recount with the person to whom he made his demand.
3. The estimated costs of the recount must be determined by the person with whom the advance is deposited based on regulations adopted by the secretary of state defining the term costs.
4. As used in this section, canvass means:
(a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate or ballot question voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate or ballot question voted for in more than one county.
(b) In any primary city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.
κ1989 Statutes of Nevada, Page 2168 (CHAPTER 884, AB 394)κ
(c) In any general election:
(1) The canvass by the supreme court of the returns for a candidate for a statewide office or a statewide ballot question; or
(2) The canvass of the board of county commissioners of the returns for any other candidate or ballot question, as provided in paragraph (a).
(d) In any general city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.
Sec. 18. NRS 293.500 is hereby amended to read as follows:
293.500 Except as otherwise provided in NRS [293.313,] 293.487, if a person removes to another state, territory or foreign country, with the intention of residing there for an indefinite time, he thereby loses his residence in this state for election purposes, notwithstanding that he may intend to return at some uncertain future date . [, and an] An occasional return to the place of his former residence in this state, regardless of the reason, [shall not be] is not sufficient to preserve his residence.
Sec. 19. NRS 293.501 is hereby amended to read as follows:
293.501 Notwithstanding any other provisions of this Title:
1. Any elector of this state who resides outside [the United States, its territories or possessions] this state may use the form provided by the Federal Government to register to vote in this state.
2. The county clerk shall not register a voter who submits the form provided by the Federal Government from any location within [the United States, its territories or possessions.] this state.
Sec. 20. NRS 293.517 is hereby amended to read as follows:
293.517 1. Any elector residing within the county may register by appearing before the county clerk or deputy registrar, completing the affidavit of registration, and giving true and satisfactory answers to all questions relevant to his identity and right to vote. The county clerk may require a person to submit official identification as proof of residence and identity, such as a drivers license or other official document, before registering him.
2. The affidavit of registration must be signed and verified by the elector registering.
3. Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.
4. Any elector who is presently registered and changes his name by marriage, or otherwise, [is not eligible to vote unless he reregisters. If any change of name occurs after the close of registration, the elector may vote at the ensuing election upon satisfactory proof of registration and subsequent change of name.] must complete a new affidavit of registration by appearing before the county clerk or deputy registrar or submitting a written statement to the county clerk requesting that the county clerk mail an affidavit of registration to him. If the elector fails to register under his new name, he may be challenged pursuant to NRS 293.303 and required to furnish proof of identity and subsequent change of name.
Sec. 21. NRS 293.525 is hereby amended to read as follows:
293.525 Except as otherwise provided in NRS 293.304 and 293.490, any elector who is presently registered and has changed his residence [subsequent to] after the last preceding general election from one precinct or district to another within the same county is not eligible to vote unless he submits to the county clerk before the close of registration a written and signed request that the county clerk transfer his resignation to the new address.
κ1989 Statutes of Nevada, Page 2169 (CHAPTER 884, AB 394)κ
another within the same county is not eligible to vote unless he submits to the county clerk before the close of registration a written and signed request that the county clerk transfer his resignation to the new address. No affidavit is required.
Sec. 22. NRS 293.530 is hereby amended to read as follows:
293.530 1. County clerks may use any reliable and reasonable means available to correct the official registration lists and determine whether a registered voters current residence is other than that indicated on his affidavit of registration.
2. A county clerk may, with the consent of the board of county commissioners, make investigations of registration in the county by census, by house-to-house canvass [,] or by any other method.
3. [Except as otherwise provided in subsection 4, a] A county clerk shall cancel the affidavit of registration of a voter pursuant to this section if he first mails a written notice to the voter of his intention to cancel the affidavit of registration for the reason stated in the notice, and the voter does not, within 15 days after he receives the notice, present evidence satisfactory to the county clerk refuting the reason for the cancellation. For the purpose of this subsection, the voter is deemed to have received the notice 3 days after the notice is mailed.
[4. Notice pursuant to subsection 3 is not required if a county clerk is canceling the affidavit of registration of a voter pursuant to NRS 293.527 or subsection 2, 3 or 7 of NRS 293.540.]
Sec. 23. NRS 293.545 is hereby amended to read as follows:
293.545 1. Immediately after the county commissioners of a county canvass the general election vote, the county clerk shall compare the registrar of voters register for each precinct or district in the county with the list of registered voters who voted at the election in each precinct or district as shown by the pollbook or roster returned by the precinct or district election board and the absent ballot central counting board, if one has been appointed, to the county clerk.
2. A county clerk shall remove from the registrar of voters register and from the election board register by January 1 of the year following the election the affidavit of registration of any elector who failed to vote at the election if he first mails a written notice to that elector of his intention to cancel the affidavit of registration for failure to vote in the general election, and the elector does not, within 15 days after he receives the notice, mail a return postcard provided by the county clerk with the notice, stating under penalty of perjury that he:
(a) Does not wish to have his affidavit of registration canceled; and
(b) Currently resides at the residence indicated on his affidavit of registration.
For the purpose of this subsection, the elector is deemed to have received the notice 3 days after the notice is mailed.
3. An absent voter whose ballot is voted and mailed or delivered to the county clerk within 10 days after the date of the general election must not be considered as having failed to vote under subsection 2.
κ1989 Statutes of Nevada, Page 2170 (CHAPTER 884, AB 394)κ
4. After the county clerk completes the cancellation of registration, he shall provide the secretary of state with the number of registered voters in the county according to political party and district.
Sec. 24. NRS 293.553 is hereby amended to read as follows:
293.553 Any elector of this state who is in the service of the United States or attending an institution of learning, and by reason thereof is beyond the boundaries of this state, and who has not [theretofore] registered before or whose registration has been canceled, may, at any time, request from the county clerk of the county of [such] the electors residence by mail, telephone or telegram an affidavit of registration. The county clerk, if satisfied that the elector is eligible for registration, shall forward the affidavit immediately. The county clerk shall, upon receipt of the completed affidavit, file it in the manner provided by law.
Sec. 24.5. (Deleted by amendment.)
Sec. 25. NRS 293.610 is hereby amended to read as follows:
293.610 In any city election, if at 5 p.m. on the last day for filing an affidavit or declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected and no election [need] may be held for that office.
Sec. 26. NRS 293.730 is hereby amended to read as follows:
293.730 1. [Except as otherwise provided in subsection 3, a] A person shall not:
(a) [Loiter] Remain in or outside of any polling place so as to interfere with the conduct of the election.
(b) Except an election board officer, receive from any voter a ballot prepared by the voter.
(c) Remove a ballot from any polling place before the closing of the polls.
(d) Apply for or receive a ballot at any election precinct or district other than the one at which he is entitled to vote.
(e) Show his ballot to any person, after marking it, so as to reveal any of the names voted for.
(f) Inside a polling place , [or within 300 feet of the exterior of the building in which a polling place is located,] ask another person for whom he intends to vote.
(g) Except an election board officer, deliver a ballot to a voter.
(h) Except an election board officer in the course of his official duties, inside a polling place , [or within 300 feet of the exterior of the building in which a polling place is located,] ask another person his name, address or political affiliation.
2. A voter shall not:
(a) Receive a ballot from any person other than an election board officer.
(b) Deliver to an election board or to any member thereof any ballot other than the one received.
(c) Place any mark upon his ballot by which it may afterward be identified as the one voted by him.
3. [Paragraphs (f) and (h) of subsection 1 do not apply to any person in a private residence that is within 300 feet of the exterior of a building in which a polling place is located.
κ1989 Statutes of Nevada, Page 2171 (CHAPTER 884, AB 394)κ
4.] Any person who violates any provision of this section is guilty of a gross misdemeanor.
Sec. 26.5. NRS 293.740 is hereby amended to read as follows:
293.740 1. [Except as otherwise provided in subsection 2, it] It is unlawful inside a polling place : [or within 300 feet of the exterior of the building in which a polling place is located:]
(a) For any person to solicit a vote or speak to a voter on the subject of marking his ballot.
(b) For any person, including an election board officer, to do any electioneering on election day.
2. [Subsection 1 does not apply to any person in a private residence that is within 300 feet of the exterior of a building in which a polling place is located.
3.] Any person who violates any provision of this section is guilty of a gross misdemeanor.
Sec. 27. NRS 293B.135 is hereby amended to read as follows:
293B.135 1. A copy of each election computer program [duly] certified by the accuracy certification board for an election in the state [shall] must be filed with the secretary of state at least 1 week before the election. Copies of any subsequent alterations in the program [shall] must be filed in the same manner [prior to] before the election.
2. The copies of the programs filed pursuant to subsection 1 are not public records and are not available for inspection by the public.
3. A copy of a program may be inspected:
(a) By the judge, body or board before whom an election is being contested;
(b) Jointly by the parties to the contest if ordered by the judge, body or board; or
(c) By any other person who is authorized by a court of competent jurisdiction.
Sec. 27.5. NRS 293B.155 is hereby amended to read as follows:
293B.155 1. The tests prescribed by NRS 293B.150 and 293B.165 must be conducted by processing a preaudited group of logic and accuracy test ballots so punched or marked as to record a predetermined number of valid votes for each candidate and on each measure, and must include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject those votes.
2. If any error is detected, the cause therefor must be ascertained and corrected and an errorless count must be made before the automatic tabulating equipment and programs are approved.
3. When satisfied with the accuracy of the computer program, the accuracy certification board and the county or city clerk shall date and sign all reports, seal the program, the reports, and all test material in an appropriate container. The container must be kept sealed by the clerk.
4. [The] Except as otherwise provided in this subsection, the contents of such a sealed container are not subject to the inspection of anyone except in the case of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of that judge, body or board.
κ1989 Statutes of Nevada, Page 2172 (CHAPTER 884, AB 394)κ
jointly, pursuant to an order of that judge, body or board. For the period set forth in NRS 293.413 during which a candidate may file a statement of contest, the results of the test must be made available in the clerks office for public inspection.
Sec. 27.6. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 27.7, 27.8 and 27.9 of this act.
Sec. 27.7. Committee for political action means an organization which receives contributions, makes contributions to candidates or other persons or makes expenditures designed to affect the outcome of any primary, general or special election or question on the ballot. The term does not include a committee for the recall of a public officer.
Sec. 27.8. Each committee for political action shall register with the secretary of state, on forms supplied by him. The form must require:
1. The name of the committee;
2. The purpose for which it was organized;
3. The names and addresses of its officers;
4. If the committee for political action is affiliated with any other organizations, the name and address of each organization;
5. The name and address of its resident agent; and
6. Any other information deemed necessary by the secretary of state.
Sec. 27.9. Each committee for political action shall appoint and keep in this state a resident agent who must be a natural person who resides in this state.
Sec. 27.95. NRS 294A.002 is hereby amended to read as follows:
294A.002 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 294A.004 to 294A.009, inclusive, [and] section 2 of [this act,] Senate Bill No. 406 of this session and section 27.7 of this act, have the meanings ascribed to them in those sections.
Sec. 28. NRS 298.020 is hereby amended to read as follows:
298.020 1. Each political party in this state, qualified by law to place upon the general election ballot candidates for the office of President and Vice President of the United States in the year when they are to be elected, shall, at the state convention of the political party held in that year, choose from the qualified electors, who are legally registered members of [such] that political party, the number of presidential electors required by law and no more, who [shall] must be nominated by the delegates at the state convention. Upon the nomination thereof, the chairman and the secretary of the convention shall certify the names and addresses of [such] the nominees to the secretary of state, who shall record the names in his office as the nominees of that political party for presidential elector.
2. Each minor political party in this state, qualified by law to place upon the general election ballot candidates for the office of President and Vice President of the United States in the year when they are to be elected, shall choose from the qualified electors, the number of presidential electors required by law. The person who is authorized to file the list of candidates of the minor political party with the secretary of state pursuant to NRS 293.1725 shall certify the names and addresses of the nominees to the secretary of state, who shall record the names in his office as the nominees of that political party for presidential elector.
κ1989 Statutes of Nevada, Page 2173 (CHAPTER 884, AB 394)κ
Sec. 29. NRS 298.109 is hereby amended to read as follows:
298.109 1. A person who desires to be an independent candidate for the office of the President of the United States must, not later than 5 p.m. on the [2nd] second Friday in August in each year in which a presidential election is to be held, pay a filing fee of $250 and file with the secretary of state a declaration of candidacy and a petition of candidacy, in which he may also designate his nominee for Vice President. The petition must be signed by the candidate for President, his nominee for Vice President if designated, and by a number of registered voters equal to not less than 3 percent of the total number of votes cast at the last preceding general election for candidates for Representative in Congress and must request that the names of the proposed candidates be placed on the ballot at the general election that year.
2. The petition may consist of more than one document. Each document must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 65 days before filing the petition of candidacy with the secretary of state. Each person signing shall add to his signature the address of the place at which he resides and the name of the county wherein he is registered to vote. Each document of the petition must also contain the affirmation of at least one of the signers that all signatures thereon are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.
3. Each independent candidate so nominated for the office of President shall at the time of filing his petition as provided in subsection 1, or within 10 days thereafter, file with the secretary of state his written designation of the names of the number of presidential electors then authorized by law, whom the independent candidate desires to act as his electors, all of whom must then be registered voters. Immediately following receipt of each candidates written designation of his nominees for electors, the secretary of state shall record them in his office as the nominees for presidential electors of that independent candidate.
4. If the candidacy of any person who seeks to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed with the first judicial district court not later than 5 p.m. on the [3rd] third Friday in August. Any judicial proceeding relating to the challenge must be set for hearing not later than 5 days after the [3rd] third Friday in August.
Sec. 30. NRS 207.120 is hereby amended to read as follows:
207.120 1. The statements and fingerprints [hereinbefore] provided for [shall] in NRS 207.090, 207.100 and 207.110 must at all times be kept by the sheriff or chief of police in a file separate and apart from other files and records maintained and kept by the sheriff or chief of police, and [shall] must not be open to inspection by the public, or by any person other than a regular law enforcement officer.
2. Copies of [such] those statements and fingerprints may be transmitted to:
(a) The sheriff of any county in [the State of Nevada;] this state;
κ1989 Statutes of Nevada, Page 2174 (CHAPTER 884, AB 394)κ
(b) The head of any organized police department of any municipality in [Nevada;] this state;
(c) The head of any department of the State of Nevada engaged in the enforcement of any criminal law of this state;
(d) The Nevada gaming commission and state gaming control board or any successor thereto;
(e) The head of any federal law enforcement agency;
(f) Any sheriff or chief of police of a municipality; or
(g) The head of any other law enforcement agency in any state or territory outside of [the State of Nevada, when] this state, if a request is made in writing by such sheriff or other head of a law enforcement agency asking for the record of a certain person named therein, or for the record of a person whose fingerprints reasonably correspond with fingerprints submitted with [such] the request, and stating that [such] the record is deemed necessary for the use of [such] that law enforcement officer or agency in or concerning the investigation of any crime, or any person who is accused of committing a crime, or any crime which is reported to have been committed, and further stating that the record will be used only for [such] that purpose.
3. A sheriff or chief of police shall, upon the written request of a county clerk or registrar of voters, furnish him with a list containing the name and current address of the residence of each person required to register pursuant to NRS 207.090 and 207.100.
Sec. 31. NRS 269.018 is hereby amended to read as follows:
269.018 1. Except as provided in subsection 2, the term of office of a member of the town board is [2] 4 years and begins on the [1st] first Monday in January following the election at which he is chosen.
2. The initial members of the board elected pursuant to subsection 2 of NRS 269.017 or subsection 1 of NRS 269.0171 at the first meeting of the board after their election shall draw lots to determine which members serve terms of [1 year] 2 years and which serve terms of [2] 4 years. The drawing must result in, as nearly as possible, the election of half of the members of the board at each subsequent election.
3. Each town board shall conduct an election in the town on the Tuesday next after the [1st] first Monday of November in each odd-numbered year to choose the successors of those members of the board whose terms expire in the following January. The general election laws of the state apply, except for the year, to these elections.
Sec. 32. Chapter 318 of NRS is hereby amended by adding thereto a new section to read as follows:
In any election for a general improvement district, if at 5:00 p.m. on the last day for filing a declaration of candidacy or an acceptance of candidacy, there is only one candidate nominated for the office, that candidate must be declared elected and no election may be held for that office.
Sec. 33. Chapter 440 of NRS is hereby amended by adding thereto a new section to read as follows:
Upon presentation of a completed certificate of death, the county health officer shall send a certified copy of the certificate of death or a certified list of any person who, at the time of death was 17 years of age or older, to the county clerk or registrar of voters of the county where the deceased person resided.
κ1989 Statutes of Nevada, Page 2175 (CHAPTER 884, AB 394)κ
county clerk or registrar of voters of the county where the deceased person resided.
Sec. 34. (Deleted by amendment.)
Sec. 35. Sections 9, 17 and 27.95 of this act become effective at 12:01 a.m. on October 1, 1989.
________
Assembly Bill No. 399Assemblymen Porter, DuBois, Myrna Williams and Gaston
CHAPTER 885
AN ACT relating to insurance; requiring the approval of the commissioner of insurance before an authorized insurer may increase the rates of insurance; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 680A.150 is hereby amended to read as follows:
680A.150 To apply for an original certificate of authority an insurer shall file with the commissioner its written application therefor on forms as prescribed and furnished by the commissioner, accompanied by the applicable fees specified in NRS 680B.010 (fee schedule), stating under the oath of the president or vice president or other chief officer and the secretary of the insurer, or of the attorney-in-fact (if a reciprocal insurer), the insurers name, location of its home office or principal office in the United States (if an alien insurer), the kinds of insurance to be transacted, date of organization or incorporation, form of organization, state or country of domicile, and such additional information as the commissioner may reasonably require, together with the following documents, as applicable:
1. If a corporation, a copy of its charter or certificate or articles of incorporation, together with all amendments thereto, or as restated and amended under the laws of its state or country of domicile, currently certified by the public officer with whom the originals are on file in such state or country.
2. If domestic incorporated insurer or a mutual insurer, a copy of its bylaws, certified by the insurers corporate secretary.
3. If a reciprocal insurer, a copy of the power of attorney of its attorney-in-fact, certified by the attorney-in-fact; and if a domestic reciprocal insurer, the declaration provided for in NRS 694B.060.
4. A complete copy of its financial statement as of not earlier than the December 31 next preceding in form as customarily used in the United States of America by like insurers, sworn to by at least two executive officers of the insurer or certified by the public insurance supervisory officer of the insurers state of domicile, or of entry into the United States of America (if an alien insurer).
κ1989 Statutes of Nevada, Page 2176 (CHAPTER 885, AB 399)κ
5. A copy of the report of last examination made of the insurer within not more than 3 years next preceding, certified by the public insurance supervisory officer of the insurers state of domicile, or of entry into the United States of America (if an alien insurer).
6. The appointment of the commissioner pursuant to NRS 680A.250 as its attorney to receive service of legal process.
7. If a foreign or alien insurer, a certificate of the public insurance supervisory officer of its state or country of domicile showing that it is authorized or qualified for authority to transact in such state or country the kinds of insurance proposed to be transacted in this state.
8. If a foreign insurer, a certificate as to a deposit if it is to be tendered pursuant to NRS 680A.140.
9. [If a life or health insurer, a] A copy of the insurers rate book and of each form of policy currently proposed to be issued in this state, and of the form of application therefor.
10. If an alien insurer, a copy of the appointment and authority of its United States manager, certified by its officer having custody of its records.
11. Designation by the insurer of its officer or representative authorized to appoint and remove its agents in this state.
Sec. 2. NRS 686B.070 is hereby amended to read as follows:
686B.070 Every authorized insurer and every rate service organization licensed under NRS 686B.130 which has been designated by any insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file with the commissioner all:
1. Rates [;] and proposed increases thereto;
2. Forms of policies to which the rates apply;
3. Supplementary rate information; and
4. Changes and amendments thereof,
made by it for use in this state . [at least 30 days before the date the rates become effective.]
Sec. 3. NRS 686B.100 is hereby amended to read as follows:
686B.100 1. [If the commissioner finds that competition is not an effective regulator of the rates charged or that a substantial number of companies are competing irresponsibly through the rates charged, or that there are widespread violations of NRS 686B.010 to 686B.175, inclusive, in any kind or line of insurance or subdivision thereof or in any rating class or rating territory, he may promulgate a rule requiring that in the kind or line of insurance or subdivision thereof or rating class or rating territory comprehended by the finding any subsequent changes in the rates or supplementary rate information be filed with him at least 30 days before they become effective. He may extend the waiting period for not to exceed 15 additional days by written notice to the filer before the first 30-day period expires.
2.] By rule, the commissioner may require the filing of supporting data as to any or all kinds or lines of insurance or subdivisions thereof or classes of risks or combinations thereof as he deems necessary for the proper functioning of the process for monitoring and regulating rates. The supporting data must include:
(a) The experience and judgment of the filer, and, to the extent it wishes or the commissioner requires, of other insurers or rate service organizations;
κ1989 Statutes of Nevada, Page 2177 (CHAPTER 885, AB 399)κ
(b) Its interpretation of any statistical data relied upon;
(c) Descriptions of the actuarial and statistical methods employed in setting the rates; and
(d) Any other relevant matters required by the commissioner.
[3. A rule promulgated under subsection 1 must expire not more than 1 year after it is issued. The commissioner may renew the rule if he deems it necessary.
4.] 2. Whenever a filing of a proposed increase in a rate is not accompanied by such information as the commissioner has required under subsection [2,] 1, he may so inform the insurer and the filing shall be deemed to be made when the information is furnished.
Sec. 4. NRS 686B.110 is hereby amended to read as follows:
686B.110 1. The commissioner shall consider each proposed increase in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to NRS 686B.070. If the commissioner finds that the proposed increase will result in a rate which is not in compliance with NRS 686B.050, he shall [order that its use be discontinued for any policy issued or renewed after a date specified in the order.
2. No rate promulgated to replace a disapproved one may be used until it has been filed with the commissioner and not disapproved within 30 days thereafter.
3.] disapprove the proposal. In any event, he shall approve or disapprove each such proposal no later than 60 days after it is filed with him.
2. Whenever an insurer has no legally effective rates as a result of the commissioners disapproval of rates or other act, the commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.
[4.] 3. If the commissioner disapproves a proposed rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.175, inclusive.
Sec. 5. NRS 686B.120 is hereby repealed.
________
κ1989 Statutes of Nevada, Page 2178κ
Assembly Bill No. 143Committee on Ways and Means
CHAPTER 886
AN ACT relating to public investments; authorizing the investment of state money in repurchase agreements under certain circumstances; prohibiting the investment of certain state money in reverse-repurchase agreements; authorizing the private sale of bonds; authorizing the use of certain investments related to mortgages on real property as collateral for uninsured deposits of state money; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.280 is hereby amended to read as follows:
353.280 1. When state [funds are] money is placed in escrow, the escrow agent is authorized to invest [such funds] that money in United States Government securities, United States Postal Service obligations or Federal National Mortgage Association obligations whose maturity date is [prior to] before the end of the escrow period. The interest from [such securities shall] the securities must be credited to the proper state agency.
2. The escrow agent shall not invest state money pursuant to a reverse-repurchase agreement.
Sec. 2. NRS 355.060 is hereby amended to read as follows:
355.060 1. The state controller shall notify the state treasurer monthly of the amount of uninvested money in the state permanent school fund.
2. Whenever there is a sufficient amount of money for investment in the state permanent school fund, the state treasurer shall proceed to negotiate for the investment of the money in:
(a) United States bonds;
(b) Bonds issued under the authority of the United States;
(c) Bonds of this state or of other states;
(d) Bonds of any county of the State of Nevada;
(e) Farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture; or
(f) Loans at a rate of interest of not less than 6 percent annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances.
3. No part of the state permanent school fund may be invested pursuant to a reverse-repurchase agreement.
Sec. 3. NRS 355.140 is hereby amended to read as follows:
355.140 1. In addition to other investments provided for by a specific statute, the following bonds and other securities, or either or any of them, are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the state insurance fund:
[1.] (a) Bonds and certificates of the United States;
[2.] (b) Bonds, notes, debentures and loans where underwritten by or payment is guaranteed by the United States;
κ1989 Statutes of Nevada, Page 2179 (CHAPTER 886, AB 143)κ
[3.] (c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association , the Federal Home Loan Bank Board or the Federal Home Loan Mortgage Corporation, whether or not guaranteed by the United States;
[4.] (d) Bonds of this state or other states of the Union;
[5.] (e) Bonds of any county of the State of Nevada or of other states;
[6.] (f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds when [such] those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
[7.] (g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within [such] those districts, when the value of the property is found by the board or commission making the investments to render the bonds financially sound over and above all other obligations of the districts;
[8.] (h) Bonds of school districts within this state;
[9.] (i) Bonds of any general improvement district [having a population of] whose population is 200,000 or more and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when the property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;
[10.] (j) Short-term financing for counties, cities and school districts authorized under the provisions of chapter 354 of NRS;
[11.] (k) Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in the State of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;
[12.] (l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;
[13.] (m) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations; [and]
[14.] (n) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System [. Acceptances] , except that acceptances may not exceed 180 days maturity [.] , and may not, in aggregate value, exceed 10 percent of the total portfolio;
κ1989 Statutes of Nevada, Page 2180 (CHAPTER 886, AB 143)κ
(o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) Is purchased from a registered broker-dealer;
(2) At the time of purchase has a remaining term to maturity of no more than 270 days; and
(3) Is rated by a nationally recognized rating service as P-1, A-1 or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible; and
(p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:
(1) Are purchased from a registered broker-dealer;
(2) At the time of purchase have a remaining term to maturity of no more than 3 years; and
(3) Are rated by a nationally recognized rating service as A or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.
2. Repurchase agreements are proper and lawful investments of money of the state and the state insurance fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The state treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements to the state treasurer;
(2) The state treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and
(3) Have executed a written master repurchase agreement in a form satisfactory to the state treasurer and the state board of finance pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the state treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
κ1989 Statutes of Nevada, Page 2181 (CHAPTER 886, AB 143)κ
(2) The state must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the state when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the state concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
3. As used in subsection 2:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States under federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
(b) Repurchase agreement means a purchase of securities by the state or state insurance fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
4. No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 or 616 of NRS.
Sec. 4. NRS 356.020 is hereby amended to read as follows:
356.020 1. All money deposited by the state treasurer which is not within the limits of insurance provided by an instrumentality of the United States must be secured by collateral composed of the following types of securities:
(a) Obligations of the United States;
(b) Bonds of this state;
(c) Bonds of any county, municipality or school district within this state;
(d) Promissory notes secured by first mortgages or first deeds of trust which meet the requirements of NRS 356.025; [or]
(e) Mortgage-backed pass-through securities guaranteed by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Government National Mortgage Association;
(f) Collateralized mortgage obligations or real estate mortgage investment conduits that are rated AAA, Aaa or its equivalent by a nationally recognized rating service; or
(g) Instruments in which the state is permitted by NRS 355.140 to invest.
κ1989 Statutes of Nevada, Page 2182 (CHAPTER 886, AB 143)κ
2. Collateral deposited by the depository bank, credit union or savings and loan association must be pledged with the state treasurer or with any Federal Home Loan Bank, any bank or any insured credit union or savings and loan association, other than the depository bank, credit union or savings and loan association, which will accept the securities in trust for the purposes of this section.
3. The fair market value of the deposit of securities as collateral by each depository bank, credit union or savings and loan association must be at least the amount of the state treasurers deposit with the depository bank, credit union or association. The fair market value of any collateral consisting of promissory notes with first mortgages or first deeds of trust shall be deemed to be one-half of the unpaid principal of the notes.
4. All securities to be used as such collateral are subject to review by the state treasurer and the state board of finance. The depository bank, credit union or savings and loan association shall submit monthly reports to the state treasurer showing the securities which constitute the collateral and their fair market value.
5. The state treasurer or the state board of finance may, from time to time, require the deposit of additional securities as collateral if, in their judgment, the additional securities are necessary to secure the state treasurers deposit.
Sec. 5. NRS 349.262 is hereby amended to read as follows:
349.262 1. [Notes] Notwithstanding the provisions of any other law, notes or bonds may be issued at public or private sale.
2. Warrants may be issued to evidence the amount due to any person furnishing services or materials as provided in the State Securities Law.
3. [Bonds may be sold at public or private sale, conditionally or unconditionally, to the Federal Government or to the state, but otherwise bonds shall be issued at public sale unless the act authorizing the project for which the bonds are to be issued expressly authorizes their private sale.
4.] Temporary bonds [shall] must be issued to a purchaser of the definitive bonds in anticipation of the exchange of the former for the latter.
[5.] 4. Interim debentures may be issued at public or private sale.
Sec. 6. Section 1 of Senate Bill No. 462 of this session is hereby amended to read as follows:
Section 1. NRS 356.020 is hereby amended to read as follows:
356.020 1. All money deposited by the state treasurer which is not within the limits of insurance provided by an instrumentality of the United States must be secured by collateral composed of the following types of securities:
(a) Obligations of the United States;
(b) Bonds of this state;
(c) Bonds of any county, municipality or school district within this state;
(d) Promissory notes secured by first mortgages or first deeds of trust which meet the requirements of NRS 356.025;
(e) Mortgage-backed pass-through securities guaranteed by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Government National Mortgage Association;
κ1989 Statutes of Nevada, Page 2183 (CHAPTER 886, AB 143)κ
(f) Collateralized mortgage obligations or real estate mortgage investment conduits that are rated AAA, Aaa or its equivalent by a nationally recognized rating service; or
(g) Instruments in which the state is permitted by NRS 355.140 to invest.
2. Collateral deposited by the depository bank, credit union or savings and loan association must be pledged with the state treasurer or with any Federal Home Loan Bank, any bank or any insured credit union or savings and loan association, other than the depository bank, credit union or savings and loan association, which will accept the securities in trust for the purposes of this section.
3. The fair market value of the deposit of securities as collateral by each depository bank, credit union or savings and loan association must be at least the amount of the state treasurers deposit with the depository bank, credit union or association. The fair market value of any collateral consisting of promissory notes with first mortgages or first deeds of trust shall be deemed to be [one-half] 75 percent of the unpaid principal of the notes.
4. All securities to be used as such collateral are subject to review by the state treasurer and the state board of finance. The depository bank, credit union or savings and loan association shall submit monthly reports to the state treasurer showing the securities which constitute the collateral and their fair market value.
5. The state treasurer or the state board of finance may, from time to time, require the deposit of additional securities as collateral if, in their judgment, the additional securities are necessary to secure the state treasurers deposit.
Sec. 7. This act becomes effective upon passage and approval.
________
Assembly Bill No. 942Committee on Taxation
CHAPTER 887
AN ACT relating to taxation; repealing the prospective decrease in the rate of the cigarette tax; removing the minimum tax per package on cigarettes; temporarily increasing the rate of that tax; directing the governor to approve a budget that is balanced without the need for new or increased taxes; and providing other matters properly relating thereto.
[Approved July 6, 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 1.1 to 1.5, inclusive, of this act.
Sec. 1.1. A manufacturer of cigarettes who wishes to sell cigarettes in packages that contain other than 20 cigarettes must so notify the department not less than 90 days before he may sell those packages of cigarettes in this state.
κ1989 Statutes of Nevada, Page 2184 (CHAPTER 887, AB 942)κ
Sec. 1.3. A wholesale dealer may apply to the department to fix the maximum amount of revenue stamps or metered machine impressions which the wholesale dealer may have unpaid at any time. Upon receipt of the application and the bond or bonds required pursuant to NRS 370.155, the department shall fix an amount for the wholesale dealer.
Sec. 1.5. 1. The amount owing for revenue stamps and metered machine impressions for which payment was deferred in any calendar month is due on or before the 25th day of the following calendar month. Payment must be made by a remittance payable to the department.
2. Upon request of the wholesale dealer for good cause shown, the department may grant an extension of the due date of any deferred payment for a period not exceeding 5 days.
3. The department may suspend without prior notice the privilege to defer payment for the purchase of revenue stamps and metered machine impressions or may reduce the maximum amount of revenue stamps or metered machine impressions which the wholesale dealer may have unpaid at any time if:
(a) The wholesale dealer fails to pay for stamps or impressions at the times required by subsection 1;
(b) The bond or bonds required pursuant to NRS 370.155 are canceled or become void, impaired or unenforceable for any reason; or
(c) The department determines that any deferred payments are in jeopardy of not being paid.
Sec. 1.7. NRS 370.155 is hereby amended to read as follows:
370.155 1. Except as otherwise provided in this section, each licensed wholesale cigarette dealer shall furnish a bond to the State of Nevada conditioned for the payment of all excise taxes required to be precollected by him under the provisions of this chapter. Each bond [shall] must be in a principal sum equal to the largest amount of tax precollected by the wholesale cigarette dealer in any quarter of the preceding year, or if the information to establish that amount is not available, then in a sum required from a licensee operating under conditions deemed comparable by the department. No bond may be for less than $1,000. When cash or a certificate of deposit or investment certificate is used, the amount [shall] must be rounded up to the next larger integral multiple of $100.
2. Except as otherwise provided in this section, each licensed wholesale cigarette dealer who wishes to defer payment on the purchase of revenue stamps or metered machine impressions shall furnish a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon the payment of all deferred payments for revenue stamps and metered machine impressions. Each bond must be in a principal sum equal to the maximum amount of revenue stamps or metered machine impressions which the wholesale dealer may have unpaid at any time. No bond may be for less than $1,000. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount must be rounded up to the next larger integral multiple of $100.
3. The bond of undertaking [shall] must be acceptable to and approved by the department, and a deposit of cash or negotiable United States Government bonds may be accepted in lieu of an undertaking.
κ1989 Statutes of Nevada, Page 2185 (CHAPTER 887, AB 942)κ
bonds may be accepted in lieu of an undertaking. The department shall deposit all United States Government bonds and cash deposits with the state treasurer.
[3.] 4. Upon application and a satisfactory showing, the department may increase or decrease the amount of [the required bond,] a bond required by subsection 1 or 2, based on the amount of excise tax precollected or payments deferred, respectively, by the wholesale cigarette dealer.
[4.] 5. The department may waive the requirement of [a] the bond required by subsection 1 or 2 whenever a licensed wholesale cigarette dealer has maintained a satisfactory record of payment of excise taxes or deferred payments, respectively, for a period of 5 consecutive years.
Sec. 2. NRS 370.165 is hereby amended to read as follows:
370.165 There is hereby levied a tax upon the purchase or possession of cigarettes by a consumer in the State of Nevada at the rate of [10] 17.5 mills per cigarette . [, but not less than 20 cents for each package.] The tax may be represented and precollected by the affixing of a revenue stamp or other approved evidence of payment to each package, packet or container in which cigarettes are sold. The tax must be precollected by the wholesale or retail dealer, and must be recovered from the consumer by adding the amount of the tax to the selling price. Each person who sells cigarettes at retail shall prominently display on his premises a notice that the tax is included in the selling price and is payable under the provisions of this chapter.
Sec. 3. NRS 370.165 is hereby amended to read as follows:
370.165 There is hereby levied a tax upon the purchase or possession of cigarettes by a consumer in the State of Nevada at the rate of [17.5] 10 mills per cigarette. The tax may be represented and precollected by the affixing of a revenue stamp or other approved evidence of payment to each package, packet or container in which cigarettes are sold. The tax must be precollected by the wholesale or retail dealer, and must be recovered from the consumer by adding the amount of the tax to the selling price. Each person who sells cigarettes at retail shall prominently display on his premises a notice that the tax is included in the selling price and is payable under the provisions of this chapter.
Sec. 3.5. NRS 370.190 is hereby amended to read as follows:
370.190 1. The department may sell Nevada cigarette revenue stamps to a licensed dealer. As payment for the stamps, the department shall deduct from the excise tax collected from the dealer the actual cost incurred by the department for the stamps and for making the sale.
2. Payment for the revenue stamps or metered machine impressions must be made at the time of purchase unless the wholesale dealer has been authorized to defer payments by the department. A wholesale dealer may apply to the department for authorization to defer payments for revenue stamps or metered machine impressions at any time.
3. The department may provide by regulation for payment of the tax by manufacturers without the use of stamps on gifts or samples sent into Nevada when plainly marked Tax Paid.
Sec. 4. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.
κ1989 Statutes of Nevada, Page 2186 (CHAPTER 887, AB 942)κ
must be paid to the department in the form of remittances payable to the department.
2. The department shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit each month such sum as the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer for deposit to the credit of the department. The deposited money must be expended by the department in accordance with its work program.
(b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to [5] 12.5 mills per cigarette [, but not less than 10 cents for each package,] to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.
(c) Transmit the balance of the payments each month to the state treasurer for deposit to the credit of the cigarette tax account in the intergovernmental fund.
(d) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:
(a) In a county whose population is 5,000 or more:
(1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.
(3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.
(b) In a county whose population is less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.
(c) In Carson City the entire amount must go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
κ1989 Statutes of Nevada, Page 2187 (CHAPTER 887, AB 942)κ
Sec. 5. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.
2. The department shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit each month such sum as the legislature specified from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer for deposit to the credit of the department. The deposited money must be expended by the department in accordance with its work program.
(b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to [12.5] 5 mills per cigarette to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.
(c) Transmit the balance of the payments each month to the state treasurer for deposit to the credit of the cigarette tax account in the intergovernmental fund.
(d) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:
(a) In a county whose population is 5,000 or more:
(1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.
(3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.
(b) In a county whose population is less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.
(c) In Carson City the entire amount must go into the city treasury.
κ1989 Statutes of Nevada, Page 2188 (CHAPTER 887, AB 942)κ
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
Sec. 6. NRS 370.350 is hereby amended to read as follows:
370.350 1. Except as otherwise provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.
2. The amount of the use tax is [10] 17.5 mills per cigarette . [, but not less than 20 cents for each package.]
3. The use tax does not apply where:
(a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.
(b) Tax exemption is provided for in this chapter.
Sec. 7. NRS 370.350 is hereby amended to read as follows:
370.350 1. Except as otherwise provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.
2. The amount of the use tax is [17.5] 10 mills per cigarette.
3. The use tax does not apply where:
(a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.
(b) Tax exemption is provided for in this chapter.
Sec. 7.5. NRS 353.230 is hereby amended to read as follows:
353.230 1. The chief shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as he may deem necessary in view of the needs of the various departments, institutions and agencies in the executive department of the state government and the total anticipated income of the state government and of the various departments, institutions and agencies thereof during the next fiscal year.
2. A fiscal analyst of the legislative counsel bureau or his designated representative shall meet with the chief and participate in the budget review and shall have full access to all materials connected with the review.
3. The chief shall then prepare a budget, in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver it to the governor. The governor shall transmit such budget to the legislature not later than the 10th day of the regular legislative session. The governor shall simultaneously submit, as a separate document:
(a) An analysis of any new programs or enhancements of existing programs being recommended; and
(b) Any increase in or new revenues which are being recommended in the budget.
The document must specify the total cost by department or agency of new programs or enhancements, but need not itemize the specific costs.
4. During the consideration of the general appropriation bill, the special appropriation bills and the bills authorizing budgeted expenditures by the departments, institutions and agencies operating on [funds] money designated for specific purposes by the constitution or otherwise, submitted by the governor with the budget, the governor or his representative [shall] have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.
κ1989 Statutes of Nevada, Page 2189 (CHAPTER 887, AB 942)κ
Sec. 8. Section 10 of chapter 146, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 10. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.
2. The department shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit each month such sum as the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer for deposit to the credit of the department. The deposited money must be expended by the department in accordance with its work program.
(b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to 5 mills per cigarette, but not less than 10 cents for each package, to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.
(c) Transmit the balance of the payments each month to the state treasurer for deposit to the credit of the cigarette tax account in the intergovernmental [trust] fund.
(d) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:
(a) In a county whose population is 5,000 or more:
(1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.
(3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.
(b) In a county whose population is less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.
κ1989 Statutes of Nevada, Page 2190 (CHAPTER 887, AB 942)κ
county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.
(c) In Carson City the entire amount must go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
Sec. 9. Section 18 of chapter 146, Statutes of Nevada 1989, is hereby amended to read as follows:
Sec. 18. This act becomes effective on July 1, 1989.
Sec. 9.5. Section 5 of Assembly Bill No. 784 of this session is hereby amended to read as follows:
Sec. 5. NRS 370.155 is hereby amended to read as follows:
370.155 1. Except as otherwise provided in this section, each licensed wholesale cigarette dealer shall furnish a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned [for] upon the payment of all excise taxes required to be precollected by him under the provisions of this chapter. Each bond must be in a principal sum equal to the largest amount of tax precollected by the wholesale cigarette dealer in any quarter of the preceding year, or if the information to establish that amount is not available, then in a sum required from a licensee operating under conditions deemed comparable by the department. No bond may be for less than $1,000. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount must be rounded up to the next larger integral multiple of $100.
2. Except as otherwise provided in this section, each licensed wholesale cigarette dealer who wishes to defer payment on the purchase of revenue stamps or metered machine impressions shall furnish a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon the payment of all deferred payments for revenue stamps and metered machine impressions. Each bond must be in a principal sum equal to the maximum amount of revenue stamps or metered machine impressions which the wholesale dealer may have unpaid at any time. No bond may be for less than $1,000. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount must be rounded up to the next larger integral multiple of $100.
3. [The bond or undertaking must be acceptable to and approved by the department, and a deposit of cash or negotiable United States Government bonds may be accepted in lieu of an undertaking. The department shall deposit all United States Government bonds and cash deposits with the state treasurer.] In lieu of a bond a licensed wholesale cigarette dealer may deposit with the department, under such terms as the department may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the department. The department shall deposit all cash and bonds of the United States or of the State of Nevada received pursuant to this subsection with the state treasurer as custodian.
κ1989 Statutes of Nevada, Page 2191 (CHAPTER 887, AB 942)κ
States or of the State of Nevada received pursuant to this subsection with the state treasurer as custodian.
4. Upon application and a satisfactory showing, the department may increase or decrease the amount of a bond required by subsection 1 or 2, based on the amount of excise tax precollected or payments deferred, respectively, by the wholesale cigarette dealer.
5. The department may waive the requirement of the bond required by subsection 1 or 2, whenever a licensed wholesale cigarette dealer has maintained a satisfactory record of payment of excise taxes or deferred payments, respectively, for a period of 5 consecutive years.
Sec. 10. 1. NRS 370.265 is hereby repealed.
2. Section 5 of chapter 736, Statutes of Nevada 1987, at page 1791, is hereby repealed.
Sec. 11. 1. This section and sections 8, 9 and 10 of this act become effective on June 30, 1989.
2. Sections 1 to 2, inclusive, 3.5, 6, 7.5 and 9.5, of this act become effective on July 1, 1989.
3. Section 4 of this act becomes effective at 12:02 a.m. on July 1, 1989.
4. Sections 3, 5 and 7 of this act become effective on July 1, 1991.
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Senate Bill No. 395Committee on Natural Resources
CHAPTER 888
AN ACT relating to wildlife; increasing the membership of the board of wildlife commissioners and the county advisory boards to manage wildlife; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.167 is hereby amended to read as follows:
501.167 The board of wildlife commissioners, consisting of [seven] nine members appointed by the governor, is hereby created.
Sec. 2. NRS 501.171 is hereby amended to read as follows:
501.171 1. The governor shall appoint [:] to the commission:
(a) One member who is actively engaged in the conservation of wildlife;
(b) One member who is actively engaged in farming;
(c) One member who is actively engaged in ranching;
(d) [Two] Four members who represent the interests of sportsmen; and
(e) Two members who represent the interests of the general public.
2. Not more than [two] three members may be from the same county.
3. The commission shall select a chairman and a vice chairman from among its members.
κ1989 Statutes of Nevada, Page 2192 (CHAPTER 888, SB 395)κ
Sec. 3. NRS 501.177 is hereby amended to read as follows:
501.177 1. The commission may hold at least nine meetings regularly each year [at the headquarters of the department or at such other locations as the commission may designate.] based on need and the requests submitted by the county advisory boards to manage wildlife.
2. Special meetings of the commission may be held at such times and places as the commission deems proper.
3. [Four] Five members of the commission constitute a quorum for the transaction of any business which may come before the commission.
Sec. 4. NRS 501.260 is hereby amended to read as follows:
501.260 1. There is hereby created a county advisory board to manage wildlife in each of the several counties.
2. Each board consists of [three members.] three or five members, at the discretion of the board of county commissioners.
3. A chairman and a vice chairman must be selected by each board.
Sec. 5. NRS 501.265 is hereby amended to read as follows:
501.265 1. The board of county commissioners shall appoint qualified persons to the board who are residents of the county and are:
(a) Sportsmen; or
(b) Engaged in ranching or farming in the county.
2. Within 60 days after a vacancy occurs, the board of county commissioners shall appoint a member to the board upon the recommendation of the organized sportsmen and residents of the county . [and any resident of that county.
2.] 3. Within 90 days after a vacancy occurs, the board of county commissioners shall report to the commission the name and address of each member appointed.
Sec. 6. NRS 501.303 is hereby amended to read as follows:
501.303 1. The boards shall submit recommendations for setting seasons for fishing, hunting and trapping, which must be considered by the commission in its deliberation on and establishment of regulations covering open or closed seasons, bag limits [and hours.] , hours and other regulations or policies.
2. The chairman [or board member appointed by him shall] or vice chairman, or members of the board appointed by them:
(a) Shall attend the meetings of the commission at which seasons are set or bag limits , [or] hours or other regulations and policies are established [and is] ; and
(b) Are entitled to receive such travel and per diem expenses as are allowed by law.
Sec. 7. 1. The terms of office of the present members of the board of wildlife commissioners expire upon the appointment of their successors.
2. As soon as practicable after July 1, 1989, the governor shall appoint six members who are qualified pursuant to NRS 501.171, as amended by section 3 of this act, to the board of wildlife commissioners.
3. The governor shall appoint:
(a) One member who is qualified pursuant to paragraph (b) of subsection 1 of NRS 501.171, to an initial term ending on July 1, 1990.
κ1989 Statutes of Nevada, Page 2193 (CHAPTER 888, SB 395)κ
(b) One member who is qualified pursuant to paragraph (d) of subsection 1 of NRS 501.171 and one member who is qualified pursuant to paragraph (e) of subsection 1 of NRS 501.171, to initial terms ending on July 1, 1991.
(c) One member who is qualified pursuant to paragraph (c) of subsection 1 of NRS 501.171, one member who is qualified pursuant to paragraph (d) of subsection 1 of NRS 501.171 and one member who is qualified pursuant to paragraph (e) of subsection 1 of NRS 501.171, to initial terms ending on July 1, 1992.
Sec. 8. 1. The terms of office of the present members of the county advisory boards to manage wildlife expire upon the appointment of their successors pursuant to subsection 2.
2. As soon as practicable after July 1, 1989, each board of county commissioners shall appoint three or five members, at its discretion, to the county advisory board to manage wildlife.
3. The board of county commissioners shall appoint:
(a) If the county advisory board to manage wildlife consists of three members:
(1) Two members to initial terms ending on July 1, 1992; and
(2) One member to an initial term ending on July 1, 1991.
(b) If the county advisory board to manage wildlife consists of five members:
(1) Two members to initial terms ending on July 1, 1992;
(2) Two members to initial terms ending on July 1, 1991; and
(3) One member to an initial term ending on July 1, 1990.
Sec. 9. This act becomes effective:
1. Upon passage and approval for the purpose of soliciting and making nominations to the board of wildlife commissioners and the county advisory boards to manage wildlife.
2. On July 1, 1989, for all other purposes.
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Senate Bill No. 349Senators Raggio, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
CHAPTER 889
AN ACT relating to advertising practices; regulating deceptive advertisements concerning the awarding of prizes; providing that such an advertisement constitutes a deceptive trade practice; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
κ1989 Statutes of Nevada, Page 2194 (CHAPTER 889, SB 349)κ
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. Advertisement means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation or to acquire any title or interest in any property, and any acts related to the inducement, promotion or encouragement of a sale.
Sec. 4. Advertiser means any person who is engaged in the business of promotion, marketing or sale of merchandise at retail and who places, either directly or indirectly, an advertisement before the public.
Sec. 5. Advertising premium means an offering, gift, prize, award, giveaway, discounted item, bonus, merchandise, service certificate or anything of value, or its equivalent in cash, offered in an advertisement.
Sec. 6. Merchandise means personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
Sec. 7. Sale includes a sale, offer for sale or attempt to sell property for consideration.
Sec. 8. Sales promotion means a promotion, presentation, solicitation or notification which induces or attempts to induce a sale of merchandise to a person.
Sec. 9. 1. A person shall not, in connection with the sale or lease or solicitation for the sale or lease of any goods, property or service, represent that another person has won anything of value or is the winner of any contest unless:
(a) The advertiser indicates, clearly and conspicuously, the name and address of the advertiser at the commencement of an oral solicitation or advertisement. If the advertisement is written, the information must be in bold type at least 2 points larger than the type used in the major portion of the advertisement, and must be placed at the top of the first page of the advertisement.
(b) The method of selection of the recipient of the prize is one in which no more than 10 percent of the names considered are selected as recipients.
(c) The prize is given without obligation to the recipient.
(d) The prize is delivered to the recipient at no expense to him within 30 days after the representation.
(e) The language of the advertisement represents that it is a sales promotion.
(f) The language of the advertisement does not represent that the recipient has been contacted by telephone or any other means when no such contact has occurred.
(g) The advertisement indicates to the recipient the brand name of any advertising premium offered. If the advertising premium consists of a vacation or trip, the advertiser shall indicate, clearly and conspicuously, the name and location of the accommodations and whether transportation to and from the vacation site or point of departure is included. The advertiser shall not offer a vacation or trip for which a deposit or other fee is required of the recipient.
κ1989 Statutes of Nevada, Page 2195 (CHAPTER 889, SB 349)κ
(h) The advertisement does not misrepresent the value of an advertising premium by any means, including, but not limited to, the grouping of advertising premiums of substantially different value.
(i) The advertisement indicates, clearly and conspicuously, to the recipient than an advertising premium is discounted, no longer manufactured, damaged or less than first quality.
(j) The advertisement indicates that the advertiser will disclose upon request and without charge which advertising premium will be received. The advertiser shall disclose such information upon request.
(k) The advertisement indicates, clearly and conspicuously, the probability that a person may receive each advertising premium mentioned in the advertisement. The probability must be indicated adjacent to the first mention of each advertising premium and expressed in whole numbers. If the advertisement is written, such information and any rule or condition must appear in bold type the same size as the type used for the major portion of the advertisement.
(l) The advertisement indicates, clearly and conspicuously, the date the prizes are to be awarded, and that a record regarding the names and addresses of the winners will be provided upon request without charge. The advertiser shall provide the record to any person upon request.
(m) The advertiser does not offer merchandise as a substitute for a reimbursement for travel, allowance for a trip or similar plan of compensation.
2. As used in this section, language of the advertisement means the use of any language that has a tendency to lead a reasonable person to believe he has won a contest or merchandise of value, including, but not limited to, congratulations, you have won, you are a winner, you have been chosen, you have been selected and you are entitled to receive.
Sec. 10. 1. A person shall not, in connection with the sale or lease or solicitation for sale or lease of any goods, property or service, represent that another person has a chance to receive a prize or item of value without clearly disclosing on whose behalf the contest or promotion is conducted and all conditions that a participant must meet.
2. A person who makes a representation described in subsection 1 must display, clearly and conspicuously, adjacent to the description of the item or prize to which it relates:
(a) The actual retail value of each item or prize;
(b) The number of each item or prize to be awarded; and
(c) The odds of receiving each item or prize, expressed in whole numbers.
3. It is unlawful to make a representation described in subsection 1 if it has already been determined which items will be given to the person to whom the representation is made.
4. The provisions of this section do not apply if:
(a) Participants are asked to complete and mail or deposit, at a local retail commercial establishment, an entry blank obtained locally or by mail, or to call in their entry by telephone; and
(b) Participants are not asked to listen to a sales presentation.
5. Advertisements with representations made pursuant to subsection 1 that are broadcast by radio or television may be broadcast without the required disclosures, conditions and restrictions but must clearly broadcast the availability of such disclosures, conditions and restrictions to an interested person, without any charge, upon request.
κ1989 Statutes of Nevada, Page 2196 (CHAPTER 889, SB 349)κ
disclosures, conditions and restrictions but must clearly broadcast the availability of such disclosures, conditions and restrictions to an interested person, without any charge, upon request.
6. This section does not create liability for acts of a publisher, owner, agent or employee of a newspaper, periodical, radio station, television station, cable television system or other advertising medium for the publication or dissemination of an advertisement or promotion pursuant to this section if the publisher, owner, agent or employee did not know that the advertisement or promotion violated the provisions of this section.
7. For the purposes of this section, the actual retail value of an item or prize is the price at which substantial sales of the item were made in an area within the last 90 days, or if no substantial sales were made, the cost of the item or prize to the person on whose behalf the contest or promotion is conducted.
Sec. 11. 1. A person shall not represent that another person has been specially selected in connection with the sale or lease or solicitation for sale or least of any goods, property or service unless:
(a) The selection process is designed to reach a particular type of person;
(b) The selection process uses a source other than a telephone directory, city directory, tax listing, voter registration record, purchased or leased mailing list or similar source of names; and
(c) No more than 10 percent of those considered are selected.
2. As used in this section, specially selected means the use of language that has a tendency to lead a reasonable person to believe he has been specially selected, including, but not limited to, carefully selected and you have been chosen.
Sec. 11.5. The provisions of sections 9, 10 and 11 of this act, do not apply to:
1. A contest of skill that does not involve the sale or lease of any goods, property or service.
2. A person who is licensed as a seller or a salesman pursuant to sections 2 to 21, inclusive of Assembly Bill No. 142 of this session, and is engaging in an activity within the scope of that license.
3. A sale or purchase, or solicitation or representation made in connection with the sale or purchase, of goods from a catalog or of books, recordings, video cassettes, periodicals or other similar goods offered by a seller or membership group which is regulated by the Federal Trade Commission if the seller or membership group sends goods, pursuant to an agreement, to a customer or member for his inspection and, if unsatisfied after inspecting the goods, the customer or member is entitled to receive a full refund of the purchase price of the goods if the goods are returned undamaged to the seller or membership group.
4. A solicitation, advertisement or promotion, or offer to extend credit, made by a 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, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the state or of the Federal Government.
κ1989 Statutes of Nevada, Page 2197 (CHAPTER 889, SB 349)κ
5. A person licensed pursuant to chapter 463 of NRS and his employees.
Sec. 12. Any violation of section 9, 10 or 11 of this act constitutes a deceptive trade practice for the purposes of NRS 598.360 to 598.640, inclusive.
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Senate Bill No. 264Senators Malone, Neal, Shaffer and Vergiels
CHAPTER 890
AN ACT relating to boxing; imposing a fee on each ticket sold for admission to a professional boxing contest, match or exhibition; requiring the proceeds from the fees collected to be used to support amateur boxing in this state; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 467 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the payment of any other fees or taxes required by this chapter, a promoter shall pay to the commission a fee of $0.50 for each ticket sold for admission to a live professional boxing contest, match or exhibition which is held in this state.
2. The money collected pursuant to subsection 1 must be used by the commission to award grants to organizations which promote amateur boxing contests or exhibitions in this state.
3. The commission shall adopt by regulation the manner in which:
(a) The fees required by subsection 1 must be paid.
(b) Applications for grants may be submitted to the commission and the standards to be used to award grants to organizations which promote amateur boxing contests or exhibitions in this state.
Sec. 2. This act becomes effective on July 1, 1989.
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κ1989 Statutes of Nevada, Page 2198κ
Senate Bill No. 183Committee on Commerce and Labor
CHAPTER 891
AN ACT relating to social workers; prohibiting the independent and clinical practice of social work without a license; providing for the licensure of an associate social worker as a social worker; extending the date for hiring a social worker with a degree in a related field by a public agency; and providing other matters properly relating thereto.
[Approved July 6, 1989]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 641B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. (Deleted by amendment.)
Sec. 3. Except as otherwise provided in this chapter, it is unlawful for a person to engage in:
1. The independent practice of social work unless he is licensed as a clinical social worker or an independent social worker pursuant to this chapter.
2. The clinical practice of social work unless he is licensed as a clinical social worker pursuant to this chapter.
Sec. 4. NRS 641B.210 is hereby amended to read as follows:
641B.210 1. The board shall grant a license to engage in social work as an associate in social work to any applicant who:
(a) Possesses the preliminary qualifications set forth in NRS 641B.200; and
(b) Is employed as a social worker, supervisor of social work or administrator of social work on July 1, 1988.
2. A person who is granted a license to engage in social work as an associate in social work pursuant to subsection 1 may supervise another person engaged in the practice of social work.
3. The provisions of this section do not prohibit a social worker, supervisor of social work or administrator of social work who is employed by a public employer on July 1, 1988, and who is granted a license to engage in social work as an associate in social work pursuant to subsection 1, from being promoted to any position for which he would qualify but for the provisions of this chapter.
Sec. 5. NRS 641B.220 is hereby amended to read as follows:
641B.220 1. The board shall grant a license to engage in social work as a social worker to any applicant who possesses the preliminary qualifications set forth in NRS 641B.200 and who:
(a) Possesses a baccalaureate degree or masters degree in social work from a college or university accredited by the Council on Social Work Education or which is a candidate for such accreditation.
(b) Passes an examination prescribed by the board.
2. [A person licensed as a social worker may engage in social work when under the supervision of:
(a) An independent social worker;
(b) A clinical social worker; or
κ1989 Statutes of Nevada, Page 2199 (CHAPTER 891, SB 183)κ
(c) An associate in social work.] The board shall grant a license to engage in social work as a social worker to an applicant licensed as an associate in social work who:
(a) Possesses the preliminary qualifications set forth in NRS 641B.200;
(b) Possesses a baccalaureate degree or masters degree in a related field, or has completed equivalent coursework in a related field;
(c) Completes 3,000 hours of employment in Nevada as an associate in social work; and
(d) Passes an examination prescribed by the board.
3. A person who is granted a license to engage in social work as a social worker pursuant to subsection 1 or 2 may supervise another person engaged in the practice of social work.
Sec. 6. Section 50 of chapter 484, Statutes of Nevada 1987, at page 1124, is hereby amended to read as follows:
Sec. 50. 1. Notwithstanding any other provision of this act, a public agency may employ a person as a social worker before [July 1, 1990, if that] December 31, 1991, if the person has a baccalaureate degree in a related field. The person so employed is eligible for a license to engage in social work as an associate in social work.
2. A public agency which employs a person as a social worker on July 1, 1987, may terminate that persons employment if he is not licensed pursuant to the provisions of this act by [January 1, 1989.] December 31, 1991.
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