LAWS OF THE STATE OF NEVADA
κ1991 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
SIXTY-SIXTH SESSION OF THE LEGISLATURE
1991
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Senate Bill No. 1Senators Vergiels and Raggio
CHAPTER 1
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved January 23, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $5,000,000.
Sec. 2. This act becomes effective upon passage and approval.
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Assembly Bill No. 1Assemblymen Myrna Williams, Dini, McGaughey, Porter, Price, Callister, Arberry, Evans, Heller, Little, Bergevin, Wendell Williams, Kerns, Carpenter, Goetting, Marvel, Pettyjohn, Spitler, Spriggs, Norton, Bayley, Lambert, Giunchigliani, Freeman, Petrak, Anderson, Haller, Bennett, Hardy, Stout, Elliot, Garner, Sader, Humke, Scherer, Wong, Krenzer, Johnson, Gregory, McGinness and Bache
CHAPTER 2
AN ACT relating to travel expenses; limiting the reimbursement of legislators for travel expenses; requiring legislators to submit detailed claims for reimbursement; and providing other matters properly relating thereto.
[Approved January 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.
κ1991 Statutes of Nevada, Page 2 (CHAPTER 2, AB 1)κ
attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:
(a) A per diem expense allowance not to exceed the greater of:
(1) The rate of $44; or
(2) The maximum rate established by the Federal Government for the locality in which the travel is performed,
for one days travel to and one days travel from the session or conference.
(b) Travel expenses . [computed at a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.]
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental allowance which must not exceed:
(a) A total of $6,800 during each regular session of the legislature for:
(1) His actual expenses in moving [,] to and from Carson City for the session; and
(2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business ; [, computed at a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax;] and
(b) A total of $1,000 during each special session of the legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business . [, computed at a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.]
4. Each senator and assemblyman is entitled to receive a per diem expense allowance not to exceed the greater of:
(a) The rate of $44; or
(b) The maximum rate established by the Federal Government for the locality in which the travel is performed,
for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.
5. Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
(a) The legislature has adjourned until a time certain; and
κ1991 Statutes of Nevada, Page 3 (CHAPTER 2, AB 1)κ
(b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.
6. Each senator and assemblyman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $300 during each special session of the legislature.
7. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
8. Claims for expenses made under the provisions of this section must be made as other claims are made against the state, and must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsection 5 must be paid once each week during a legislative session and upon completion of a presession orientation conference.
9. A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the senator or assemblyman submits a signed statement affirming:
(a) The date of the travel; and
(b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.
10. Travel expenses authorized by subsections 2 and 3 are limited to:
(a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more legislators travel in the same private conveyance, the legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.
(b) If the travel is not by private conveyance, the actual amount expended. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.
Sec. 2. NRS 218.2205 is hereby amended to read as follows:
218.2205 1. During a regular session of the legislature, any legislator may apply for advance money for travel expenses, not to exceed in the aggregate the total amount of travel expenses to which he is entitled under NRS 218.220 for a regular session, by filing a request with the majority leader of the senate if a senator, or the speaker of the assembly if an assemblyman.
2. The majority leader or the speaker may disapprove a request for advance money for travel. If the majority leader or the speaker approves the request, he shall forward a copy of the request and the approval to the chief of the administrative division of the legislative counsel bureau.
3. Upon receiving a copy of the request and the approval from the majority leader or the speaker, the chief of the administrative division shall issue a check drawn upon the checking account of the legislative counsel bureau maintained pursuant to NRS 218.644 for the amount of the advance requested.
κ1991 Statutes of Nevada, Page 4 (CHAPTER 2, AB 1)κ
4. When approved by the majority leader or the speaker, a request for advance money constitutes a lien in favor of the legislative fund upon the accrued salary, subsistence allowance and travel expenses of the legislator in an amount equal to the sum advanced.
5. The legislator is entitled to receive upon a claim made pursuant to NRS 218.220 any authorized travel expenses in excess of the amount advanced. A legislator shall reimburse the legislative fund any amount advanced that is not used for travel expenses approved pursuant to NRS 218.220.
Sec. 3. NRS 218.2207 is hereby amended to read as follows:
218.2207 1. Except as otherwise provided in NRS 218.220, each senator and assemblyman is entitled to receive an allowance for travel in the transaction of legislative business authorized by specific statute or the legislative commission, whether within or outside of the municipality or other area in which his principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles. The allowance [for travel by private conveyance is equal to] is:
(a) If the travel is by private conveyance, the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.
(b) If the travel is not by private conveyance, the actual amount expended.
2. Claims for expenses made pursuant to this section must be made as other claims are made against the state, and must be paid from the legislative fund unless otherwise provided by specific statute. A claim for travel expenses must not be paid unless the senator or assemblyman submits a signed statement affirming:
(a) The date of travel; and
(b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.
Sec. 4. This act becomes effective upon passage and approval and applies retroactively to claims for travel expenses submitted pursuant to subsection 2 of NRS 218.220 for travel to Carson City for the 66th session of the legislature and claims submitted pursuant to subsection 3 of NRS 218.220 and NRS 218.2205 for travel between January 21, 1991, and the effective date of this act. If a legislator has received reimbursement for travel expenses that exceed the amounts allowed by the amendatory provisions of this act, the legislator is required to repay the legislative fund the amount of the overpayment. The director shall deduct the amount of the overpayment from payment otherwise due a legislator until the amount of the overpayment is recovered.
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κ1991 Statutes of Nevada, Page 5κ
Assembly Bill No. 2Committee on Legislative Functions and Elections
CHAPTER 3
AN ACT relating to legislators; authorizing a legislator to receive an additional lodging allowance under certain circumstances; and providing other matters properly relating thereto.
[Approved February 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:
(a) A per diem expense allowance not to exceed the greater of:
(1) The rate of $44; or
(2) The maximum rate established by the Federal Government for the locality in which the travel is performed,
for one days travel to and one days travel from the session or conference.
(b) Travel expenses.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental allowance which must not exceed:
(a) A total of $6,800 during each regular session of the legislature for:
(1) His actual expenses in moving to and from Carson City for the session; and
(2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business; and
(b) A total of $1,000 during each special session of the legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business.
4. Each senator and assemblyman is entitled to receive a per diem expense allowance not to exceed the greater of:
(a) The rate of $44; or
(b) The maximum rate established by the Federal Government for the locality in which the travel is performed,
for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.
κ1991 Statutes of Nevada, Page 6 (CHAPTER 3, AB 2)κ
of which he is a member when the legislature has adjourned for more than 4 days.
5. Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
(a) The legislature has adjourned until a time certain; and
(b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.
6. In addition to the per diem expense allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:
(a) The legislature has adjourned for more than 4 days; and
(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting.
7. Each senator and assemblyman is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:
(a) The legislature has adjourned for more than 4 days; and
(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting,
if the senator or assemblyman is not entitled to the per diem expense allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.
8. Each senator and assemblyman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $300 during each special session of the legislature.
[7.] 9. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
[8.] 10. Claims for expenses made under the provisions of this section must be made as other claims are made against the state, and must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by [subsection] subsections 5 , 6 and 7 must be paid once each week during a legislative session and upon completion of a presession orientation conference.
κ1991 Statutes of Nevada, Page 7 (CHAPTER 3, AB 2)κ
[9.] 11. A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the senator or assemblyman submits a signed statement affirming:
(a) The date of the travel; and
(b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.
[10.] 12. Travel expenses authorized by subsections 2 and 3 are limited to:
(a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more legislators travel in the same private conveyance, the legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.
(b) If the travel is not by private conveyance, the actual amount expended. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 199Senators Raggio, Townsend, Nevin, Glomb, Tyler, Adler and Rhoads
CHAPTER 4
AN ACT relating to planning; revising the deadline for adoption of a regional plan by a governing board for regional planning in certain counties; and providing other matters properly relating thereto.
[Approved February 14, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 25 of chapter 370, Statutes of Nevada 1989, at page 769, is hereby amended to read as follows:
Sec. 25. 1. The local governments represented on a governing board created pursuant to section 4 of this act shall enter into an agreement pursuant to subsection 7 of section 4 of this act on or before 90 days after the effective date of this act.
2. The regional planning commission created by section 3 of this act shall develop and approve a regional plan as required by section 6 of this act and transmit it to the governing board within 18 months after the effective date of this act.
3. The governing board shall [either adopt the plan transmitted pursuant to subsection 2 or submit a proposed amendment to the regional planning commission within 60 days after it receives the plan.] adopt the plan approved by the regional planning commission with any amendments it deems necessary on or before March 31, 1991. Before adopting the plan with any amendments, the board shall submit each proposed amendment to the regional planning commission for its review and comment.
κ1991 Statutes of Nevada, Page 8 (CHAPTER 4, SB 199)κ
adopting the plan with any amendments, the board shall submit each proposed amendment to the regional planning commission for its review and comment.
Sec. 2. This act becomes effective upon passage and approval.
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Assembly Bill No. 282Assemblymen Dini, McGinness, Marvel and Bergevin
CHAPTER 5
AN ACT relating to irrigation districts; increasing the amount of indebtedness that may be incurred by the board of directors of an irrigation district; authorizing the issuance of negotiable notes; and providing other matters properly relating thereto.
[Approved February 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 539.480 is hereby amended to read as follows:
539.480 1. For the purpose of organization or any of the purposes of this chapter, the board of directors may incur an indebtedness not exceeding in the aggregate the sum of [$180,000,] $350,000, and may cause warrants or negotiable notes of the district to issue therefor, bearing interest which must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment on all lands in the district for the payment of those expenses.
2. Thereafter the board may levy an annual assessment, in the absence of assessments therefor [under] pursuant to any of the other provisions of this chapter, of not more than $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. The assessment must be collected as provided in this chapter for the collection of other assessments.
Sec. 2. This act becomes effective upon passage and approval.
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κ1991 Statutes of Nevada, Page 9κ
Senate Bill No. 109Committee on Natural Resources
CHAPTER 6
AN ACT relating to wildlife; increasing the penalty for making a false statement to obtain a big game tag; and providing other matters properly relating thereto.
[Approved March 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 502.060 is hereby amended to read as follows:
502.060 1. Every person applying for and procuring a license, as provided in this chapter, shall give to the license agent his name and residence address, which [information shall] must be entered by the license agent on the license and stub, together with [a statement of] the date of issuance and a description of [such person.
2. Any] the person.
2. Except as otherwise provided in subsection 3, any person who makes any false statement or furnishes false information to obtain any license, tag or permit issued [under] pursuant to the provisions of this Title is guilty of a misdemeanor.
3. Any person who makes any false statement or furnishes false information to obtain any big game tag issued pursuant to the provisions of this Title is guilty of a gross misdemeanor.
4. It is unlawful for any person to hunt, fish or trap using any hunting, fishing or trapping license which is invalid by reason of expiration or a false statement made to obtain such license.
5. As used in this section, big game tag means a tag permitting a person to hunt any species of prong-horned antelope, bear, deer, mountain goat, mountain lion, bighorn sheep or elk.
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Senate Bill No. 110Committee on Natural Resources
CHAPTER 7
AN ACT relating to cruelty to animals; requiring that proceeds from the sale of certain impounded animals, after deducting charges related to their impoundment, be paid to their owner; and providing other matters properly relating thereto.
[Approved March 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 561.344 is hereby amended to read as follows:
561.344 1. The livestock inspection fund is hereby created in the state treasury as a special revenue fund for the use of the department.
2. The following special taxes, fees and other money must be deposited in the livestock inspection fund:
κ1991 Statutes of Nevada, Page 10 (CHAPTER 7, SB 110)κ
(a) All special taxes on livestock as provided by law, except the assessment collected pursuant to NRS 565.075 and any tax levied pursuant to NRS 575.070.
(b) Fees and moneys collected pursuant to the provisions of chapter 564 of NRS.
(c) Fees collected pursuant to the provisions of chapter 565 of NRS.
(d) Unclaimed proceeds from the sale of estrays under the provisions of NRS 569.010 to 569.130, inclusive.
(e) Fees collected under the provisions of chapter 573 of NRS.
(f) [Proceeds from the sale of an animal which are remaining after the payment of charges relating to the impoundment of the animal pursuant to the provisions of subsection 6 of NRS 574.055.
(g)] Fees collected under the provisions of chapter 576 of NRS.
[(h)] (g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of livestock, as authorized by NRS 561.305, and as may be necessary under the provisions of chapter 571 of NRS.
3. Expenditures from the livestock inspection fund must be made only for the purposes of carrying out the provisions of chapters 564, 569, 571, 573 and 576 of NRS, and the provisions of this chapter.
4. The interest and income earned on the money in the livestock inspection fund, after deducting any applicable charges, must be credited to the fund.
Sec. 2. NRS 574.055 is hereby amended to read as follows:
574.055 1. Any peace officer or officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to NRS 574.040 shall, upon discovering any animal which is being treated cruelly, take possession of it and provide it with shelter and care or, upon obtaining written permission from the owner of the animal, may destroy it in a humane manner.
2. When an officer takes possession of an animal, he shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, and the fact that there is a limited lien on the animal for the cost of shelter and care. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, he shall post the notice on the property from which he takes the animal. If the identity and address of the owner [is] are later determined, the notice must be mailed to the owner immediately after the determination is made.
3. An officer who takes possession of an animal pursuant to this section has a lien on the animal for the reasonable cost of care and shelter furnished to the animal and, if applicable, for its humane destruction. The lien does not extend to the cost of care and shelter for more than 2 weeks.
4. Upon proof that the owner has been notified in accordance with subsection 2 or, if he has not been found or identified, that the required notice has been posted on the property where the animal was found, a court of competent jurisdiction may, after providing an opportunity for a hearing, order the animal sold at auction, humanely destroyed or continued in the care of the officer for such disposition as the officer sees fit.
κ1991 Statutes of Nevada, Page 11 (CHAPTER 7, SB 110)κ
5. An officer who seizes an animal pursuant to this section is not liable for any action arising out of the taking or humane destruction of the animal.
6. This section does not apply to any animal which is located on land being employed for an agricultural use as defined in NRS 361A.030 unless the owner of the animal or the person charged with the care of the animal is in violation of subsection 2 of NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the sheriff or his designee, a licensed veterinarian and the district brand inspector or his designee. In such a case, the sheriff shall direct that the impoundment occur no later than 48 hours after the veterinarian determines that a violation of subsection 2 of NRS 574.100 exists.
7. The owner of an animal impounded in accordance with subsection 6 shall, before the animal is released to his custody, pay the charges approved by the sheriff as reasonably related to the impoundment, including the charges for the animals food and water. If the owner is unable or refuses to pay the charges, the state department of agriculture shall sell the animal . [to pay the charges and retain any balance of the proceeds remaining after the charges have been paid. The department shall deposit any such remaining proceeds with the state treasurer for credit to the livestock inspection fund.] The department shall pay to the owner the proceeds of the sale remaining after deducting the charges reasonably related to the impoundment.
Sec. 3. This act becomes effective upon passage and approval.
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Assembly Bill No. 9Committee on Commerce
CHAPTER 8
AN ACT relating to the commission on tourism; reducing the required frequency of its meetings; and providing other matters properly relating thereto.
[Approved March 13, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 231.180 is hereby amended to read as follows:
231.180 1. The commission on tourism shall meet once [every 60 days,] each calendar quarter, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of the chairman or a majority of the members.
2. The executive director is the secretary of the commission.
3. The commission shall prescribe rules for its own management and government.
4. Four members of the commission constitute a quorum, but a majority of the members of the commission are required to exercise the power conferred on the commission.
5. The governor may remove a member from the commission if the member neglects his duty or commits malfeasance in office.
κ1991 Statutes of Nevada, Page 12 (CHAPTER 8, AB 9)κ
Sec. 2. This act becomes effective on July 1, 1991.
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Assembly Bill No. 65Committee on Judiciary
CHAPTER 9
AN ACT relating to county jails; providing an exception to the requirement for a county jail; allowing a county to enter into an interlocal agreement for the detention of prisoners; and providing other matters properly relating thereto.
[Approved March 13, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 211.010 is hereby amended to read as follows:
211.010 [At]
1. Except as otherwise provided in subsection 2, at least one common jail must be built or provided in each county, and maintained in good repair at the expense of the county.
2. The board of county commissioners of a county, with the concurrence of the sheriff, may enter into an agreement with any other county or city in this state, in accordance with the provisions of NRS 277.080 to 277.180, inclusive, for the construction, operation or maintenance of a jail or the detention of the prisoners of the county.
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Assembly Bill No. 70Committee on Judiciary
CHAPTER 10
AN ACT relating to public administrators; empowering them to dispose of or donate certain items of personal property of a ward or decedent; and providing other matters properly relating thereto.
[Approved March 13, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 253 of NRS is hereby amended by adding thereto a new section to read as follows:
A public administrator, with regard to the personal property of the estate of a ward or a decedent, may donate property that has a value of less than $250 to a nonprofit organization, or destroy property that has a value of less than $100, if:
1. The property, if that of a ward, is not necessary for the care or comfort of the ward; and
2. A notice of intent to donate or destroy the property is:
κ1991 Statutes of Nevada, Page 13 (CHAPTER 10, AB 70)κ
(a) Mailed by certified mail to the wards or decedents next of kin at his last known home address; or
(b) Personally delivered to him,
and that person fails to claim the property within 15 days.
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Assembly Bill No. 99Assemblyman Marvel
CHAPTER 11
AN ACT relating to cities; eliminating the requirement that the city attorney of a city incorporated under general law must reside within the city; and providing other matters properly relating thereto.
[Approved March 13, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 266.400 is hereby amended to read as follows:
266.400 No person [shall be] is eligible to any office:
1. Who is not a qualified elector of the city [.] , except that a person need not be a resident of the city to be eligible to the office of city attorney.
2. Who is a defaulter to the city.
Sec. 2. NRS 266.465 is hereby amended to read as follows:
266.465 [1. Except as provided in subsection 2, no person not a licensed and practicing attorney of the supreme court of this state, in good standing at the bar and a bona fide resident of the city for at least 1 year preceding his election or appointment, shall be] No person is eligible to the office of city attorney [.
2. In cities of the third class the mayor may, at his discretion, by and with the consent of the council, appoint a city attorney; provided:
(a) That in cities of the third class the mayor, with the consent of the city council, may appoint as city attorney any qualified attorney who has resided in the city for 3 months preceding the date of his appointment.
(b) That if there is no duly licensed and practicing attorney in good standing at the bar within the city, the mayor, with the consent of the city council, may appoint some other attorney within the state to fulfill the duties of the office until some other qualified attorney can be appointed.
(c) That in cases where the boundaries of cities of the third class adjoin the boundaries of any charter city of a population in excess 20,000, the mayor, with the consent of the city council, may appoint as city attorney any duly licensed and practicing attorney in good standing at the bar within either of the cities.] unless he is an attorney in good standing admitted to practice law in all the courts of this state.
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κ1991 Statutes of Nevada, Page 14κ
Assembly Bill No. 106Committee on Government Affairs
CHAPTER 12
AN ACT relating to sheriffs; repealing certain statutes relating to obsolete duties of sheriffs; and providing other matters properly relating thereto.
[Approved March 13, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 199.420, 248.095, 248.200, 248.240 and 412.148 are hereby repealed.
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Senate Bill No. 63Committee on Judiciary
CHAPTER 13
AN ACT relating to the justices courts; revising the provisions for the payment of a justice of the peace who is serving temporarily in another county; and providing other matters properly relating thereto.
[Approved March 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.340 is hereby amended to read as follows:
4.340 1. Whenever any justice of the peace, in consequence of ill health, absence from his township, or other cause, is prevented from attending to his official duties, he may invite any other qualified justice of the peace of the same or another county to attend to his official duties, including those of registry agent. If he does not invite such a justice of the peace, the board of county commissioners may do so. A temporary vacancy resulting from absence, disability or other cause must not be so filled for more than 30 days at any one time.
2. Whenever any justice of the peace, in consequence of having too many or too lengthy matters before him, is prevented from timely attention to his official duties, he may, with the consent of the board of county commissioners, invite any other duly qualified justice of the peace of the same or another county to attend to some or all of his official duties, including those of registry agent, for no more than 30 days at any one time.
3. A justice of the peace from another county temporarily acting in the place of another justice of the peace has no claim for services rendered by him [under] pursuant to this section against the county in which he customarily serves . [except for his necessary traveling expenses.] He is entitled to receive from the county in which he is invited to serve his necessary traveling expenses, together with any additional compensation authorized by the board of county commissioners of that county.
κ1991 Statutes of Nevada, Page 15 (CHAPTER 13, SB 63)κ
expenses, together with any additional compensation authorized by the board of county commissioners of that county.
________
Assembly Bill No. 277Committee on Transportation
CHAPTER 14
AN ACT relating to crimes; eliminating the requirement that certain citations be prepared in quadruplicate; and providing other matters properly relating thereto.
[Approved March 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.799 is hereby amended to read as follows:
484.799 1. Whenever a person is halted by a peace officer for any violation of this chapter punishable as a misdemeanor and is not taken before a magistrate as required or permitted by NRS 484.793 and 484.795, the peace officer may prepare [in quadruplicate] a written traffic citation in the form of a complaint issuing in the name of The State of Nevada, containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the number of his drivers license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person [shall] is required to appear in court, and such other pertinent information as may be necessary. The citation [shall] must be signed by the peace officer.
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice to appear must be before a magistrate, as designated in NRS 484.803.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the written traffic citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. A copy of the citation signed by the person charged shall suffice as proof of service.
Sec. 2. NRS 484.811 is hereby amended to read as follows:
484.811 1. Every traffic enforcement agency in this state shall provide in appropriate form traffic citations containing notices to appear which [shall] must be issued in books [with citations in quadruplicate and meeting] and meet the requirements of this chapter.
2. The chief administrative officer of [every such] each traffic enforcement agency [shall be] is responsible for the issuance of such books and shall maintain a record of [every such] each book and each citation contained therein issued to individual members of the enforcement agency [and] .
κ1991 Statutes of Nevada, Page 16 (CHAPTER 14, AB 277)κ
The chief administrative officer shall require and retain a receipt for every book [so] issued.
Sec. 3. NRS 171.1773 is hereby amended to read as follows:
171.1773 1. Whenever a person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and he is not taken before a magistrate as required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace officer may prepare [in quadruplicate] a written misdemeanor citation in the form of a complaint issuing in the name of The State of Nevada or in the name of the respective county, city or town, containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the offense charged, including a brief description of the offense and the NRS or ordinance citation, the time when and place where the person is required to appear in court, and such other pertinent information as may be necessary. The citation [shall] must be signed by the peace officer.
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the written misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. A copy of the citation signed by the person charged shall suffice as proof of service.
5. It is unlawful for any person to violate his written promise to appear given to a peace officer upon the issuance of a misdemeanor citation regardless of the disposition of the charge for which [such] the citation was originally issued.
Sec. 4. NRS 171.1774 is hereby amended to read as follows:
171.1774 1. In those instances described in NRS 171.1772, the peace officer summoned after the arrest shall prepare [in quadruplicate] a written misdemeanor citation in the form of a complaint issuing in the name of The State of Nevada or in the name of the respective county, city or town, and containing:
(a) A notice to appear in court;
(b) The name and address of the person;
(c) The state registration number of his vehicle, if any;
(d) The offense charged, including a brief description of the offense and the NRS or ordinance citation;
(e) The time when and place where the person is required to appear in court;
(f) Such other pertinent information as may be necessary; and
(g) The signatures of the private person making the arrest and the peace officer preparing the citation.
κ1991 Statutes of Nevada, Page 17 (CHAPTER 14, AB 277)κ
2. The time specified in the notice to appear [shall] must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice [shall] must be before a magistrate, as designated in NRS 171.178 and 171.184.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the written misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. A copy of the citation signed by the person charged shall suffice as proof of service.
5. It is unlawful for any person to violate his written promise to appear given to a peace officer upon the issuance of a misdemeanor citation regardless of the disposition of the charge for which [such] the citation was originally issued.
Sec. 5. NRS 171.1775 is hereby amended to read as follows:
171.1775 1. Every county, city or town law enforcement agency in this state shall provide in appropriate form misdemeanor citations containing notices to appear which [shall] must be issued in books [with citations in quadruplicate and meeting] and meet the requirements of NRS 171.177 to 171.1779, inclusive.
2. The chief administrative officer of [every such] each law enforcement agency [shall be] is responsible for the issuance of such books and shall maintain a record of [every such] each book and each citation contained therein issued to individual members of the law enforcement agency [and] . The chief administrative officer shall require and retain a receipt for every book [so] issued.
________
Assembly Bill No. 58Committee on Judiciary
CHAPTER 15
AN ACT relating to crimes; prohibiting the use of an emergency telephone number when no actual or perceived emergency exists; providing a penalty; and providing other matters properly relating thereto.
[Approved March 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:
1. As used in this section, system means a system established to provide a telephone number to be used in an emergency.
κ1991 Statutes of Nevada, Page 18 (CHAPTER 15, AB 58)κ
2. It is unlawful for any person knowingly or willfully to make or cause to be made any telephonic access to a system if no actual or perceived emergency exists.
3. Any person who violates any provision of this section is guilty of a gross misdemeanor.
________
Assembly Bill No. 56Committee on Judiciary
CHAPTER 16
AN ACT relating to crimes; providing a limitation upon the parole of a person convicted of attempted sexual assault; and providing other matters properly relating thereto.
[Approved March 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.375 is hereby amended to read as follows:
200.375 1. [No] A person convicted of sexual assault or attempted sexual assault may not be paroled unless a board consisting of:
(a) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(b) The director of the department of prisons; and
(c) A physician authorized to practice medicine in Nevada who is also a qualified psychiatrist,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
2. For the purposes of this section, the administrator and the director may each designate a person to represent him on the board.
________
κ1991 Statutes of Nevada, Page 19κ
Assembly Bill No. 66Committee on Judiciary
CHAPTER 17
AN ACT relating to detention facilities of local governments; authorizing the officer responsible for the operation of a local detention facility to issue a warrant for the recapture of an escaped prisoner of that facility; requiring the local government responsible for the operation of a detention facility to pay the costs to recapture an escaped prisoner of that facility; authorizing the governing body of a local government responsible for the operation of a detention facility to offer, under certain circumstances, a reward for the recapture of an escaped prisoner of that facility; and providing other matters properly relating thereto.
[Approved March 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 212.030 is hereby amended to read as follows:
212.030 1. When any prisoner escapes from an institution or facility of the department of prisons, the director of the department may issue a warrant for the recapture of the escaped prisoner. The warrant is effective in any county in this state, and may command the sheriff of any county in this state, or any constable thereof, or any police officer of any city in this state, to arrest the prisoner and return him to the director.
2. When any prisoner escapes from a jail, branch county jail or other local detention facility, the sheriff, chief of police or other officer responsible for the operation of the facility may issue a warrant for the recapture of the escaped prisoner. The warrant is effective in any county in this state, and may command the sheriff of any county in this state, or any constable thereof, or any police officer of any city in this state, to arrest the prisoner and return him to the officer who issued the warrant.
Sec. 2. NRS 212.040 is hereby amended to read as follows:
212.040 1. If an escape is not the result of carelessness, incompetency [,] or other official delinquency of the director or other officers of the department of prisons, all expenses of enforcing the provisions of NRS 212.030 [,] or appertaining to the recapture and return of escaped convicts are a charge against the state, and [shall] must be paid out of the reserve for statutory contingency fund upon approval by the state board of examiners.
2. Except as otherwise provided in NRS 211.060, all expenses of enforcing the provisions of NRS 212.030 or appertaining to the recapture and return of escaped convicts are a charge against the county, city or other local government responsible for the operation of that facility.
Sec. 3. NRS 212.050 is hereby amended to read as follows:
212.050 1. If any person who has been sentenced to confinement in the state prison, by any court having competent authority within this state, [shall escape] escapes therefrom, or [shall be] is charged with murder [,] or the perpetration of any crime punishable with death, the governor [is authorized,] may, upon satisfactory evidence of the guilt of the accused, [to offer] offer a reward for information that leads to his apprehension . [, which reward shall] The reward offered by the governor must not exceed the sum of $5,000, and [shall] must be paid out of the reserve for statutory contingency fund upon approval by the state board of examiners.
κ1991 Statutes of Nevada, Page 20 (CHAPTER 17, AB 66)κ
$5,000, and [shall] must be paid out of the reserve for statutory contingency fund upon approval by the state board of examiners.
2. If any person who has been sentenced to confinement in a jail, branch county jail or other local detention facility by any court having competent authority within this state, escapes therefrom, or is charged with murder or the perpetration of any crime punishable with death, the board of county commissioners of the county, the governing body of the city or other local government responsible for the operation of the facility may, upon satisfactory evidence of the guilt of the accused, offer a reward for information that leads to his apprehension. The reward offered by the board, governing body or other local government must not exceed the sum of $5,000.
Sec. 4. NRS 212.070 is hereby amended to read as follows:
212.070 1. The expenses and costs of prosecuting any person or persons for escaping from, or breaking out of, the state prison, or attempting so to do, or for the commission of any crime while a prisoner therein, [shall be a state charge, and shall] are a charge against the state and must be paid from the reserve for statutory contingency fund upon approval by the state board of examiners.
2. The expenses and costs of prosecuting any person or persons for escaping from, or breaking out of, a jail, branch county jail or other local detention facility or attempting so to do, or for the commission of any crime while a prisoner therein, are a charge against the county, city or other local government responsible for the operation of that facility.
________
Assembly Bill No. 81Committee on Natural Resources, Agriculture and Mining
CHAPTER 18
AN ACT relating to the inspection of meat and poultry; making various changes relating to such inspections; and providing other matters properly relating thereto.
[Approved March 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 583 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The officer may:
1. Enter into a contract with a person to perform the duties of an inspector.
2. Authorize the owner or operator of an official establishment to act as an inspector for ante-mortem and post-mortem inspections.
Sec. 3. An owner or operator of an official establishment may act as an inspector for ante-mortem and post-mortem inspections if he receives written approval from the officer.
κ1991 Statutes of Nevada, Page 21 (CHAPTER 18, AB 81)κ
Sec. 4. 1. A person shall not operate an official establishment unless he receives a permit issued to him by the officer.
2. A person must apply for a permit on a form provided by the health division. The application must include:
(a) The applicants full name and address;
(b) A statement whether the applicant is a natural person, firm or corporation, and if a partnership, the names and addresses of the partners;
(c) A statement of the location and type of proposed establishment; and
(d) The signature of the applicant.
3. Upon receipt of an application, an inspector shall make an inspection of the establishment. If the inspection indicates that the requirements of this chapter have been met, the officer shall issue a permit to the applicant.
4. A permit issued pursuant to this section is not transferable and must be posted in the establishment.
Sec. 5. 1. The officer may suspend a permit if the holder fails to comply with the requirements of this chapter.
2. If a permit is suspended, the officer shall notify the holder in writing. The notice must contain a statement informing the holder that a hearing will be provided if a written request for a hearing is filed by the holder with the officer.
Κ 3. A person whose permit has been suspended may, at any time, apply for reinstatement of the permit. The application must contain a statement signed by the applicant that in his opinion the conditions causing the suspension have been corrected. Within 10 days after receipt of a written request, an inspector shall make an inspection. If the applicant is complying with the requirements of this chapter, the permit must be reinstated.
4. After opportunity for a hearing, the officer may permanently revoke a permit for serious or repeated violations of any of the provisions of this chapter or for interference with an inspector in the performance of his duties. Before revoking a permit, the officer shall notify the holder in writing, by certified mail, stating the reason for which the permit is subject to revocation and the requirements for filing a request for a hearing.
5. The officer may permanently revoke a permit unless a request for a hearing is filed with the officer by the holder of the permit within 10 days after service of notice.
6. A hearing must be conducted by the officer at a time and place designated by him. The officer shall:
(a) Make a finding and may sustain, modify or rescind any notice or order considered in the hearing.
(b) Furnish a written report of the decision to the holder of the permit.
Sec. 6. NRS 583.255 is hereby amended to read as follows:
583.255 As used in NRS 583.255 to 583.555, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 583.265 to 583.429, inclusive, have the meanings ascribed to them in NRS 583.265 to 583.429, inclusive.
Sec. 7. NRS 583.295 is hereby amended to read as follows:
583.295 Inspector means [an] :
1. A person who has entered into a contract pursuant to section 2 of this act; or
κ1991 Statutes of Nevada, Page 22 (CHAPTER 18, AB 81)κ
2. An employee or official of the health division of the department of human resources authorized by the officer to inspect livestock , [or] poultry , game animals or birds or carcasses or parts thereof.
Sec. 8. NRS 583.439 is hereby amended to read as follows:
583.439 [No person, firm or corporation shall,] A person shall not, with respect to any poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits , [or] game animals [,] or birds, or any carcasses, parts of carcasses, meat or meat food products of any such animals:
1. Slaughter [any such animals or prepare any such articles which are capable of use] an animal or prepare an article which can be used as human food at any establishment preparing [any such articles] animals, carcasses or products for intrastate commerce, except in compliance with the provisions of NRS 583.255 to 583.555, inclusive [.] , and sections 2 to 5, inclusive, of this act.
2. Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any such articles which:
(a) Are capable of use as human food;
(b) Are adulterated or misbranded at the time of [such] the sale, transportation, offer for sale or transportation, or receipt for transportation; or
(c) Are required to be inspected [under] pursuant to the provisions of this Title,
unless they have been so inspected and passed.
3. Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after [such] transportation which is intended to cause or has the effect of causing [such articles] any article to be adulterated or misbranded.
Sec. 9. NRS 583.445 is hereby amended to read as follows:
583.445 1. [For the purpose of preventing the entry into or movement in intrastate commerce of any livestock or poultry carcass, or part thereof which is adulterated and is intended for or capable of use as human food, the] The officer , an inspector or a person acting as an inspector shall make an ante-mortem inspection of livestock , [and] poultry and game animals and birds in any official establishment where livestock , [or] poultry or game animals or birds are slaughtered for [such commerce.] commercial purposes.
2. Whenever slaughtering or other processing operations are being conducted, the officer , an inspector or a person acting as an inspector shall make post-mortem inspection of the carcasses and parts thereof of each animal and bird slaughtered in [any such] an official establishment.
3. The officer , inspector or person acting as an inspector shall quarantine, segregate and reinspect livestock , [and poultry, livestock and] poultry , game animals and birds, and carcasses and parts thereof in official establishments as he deems necessary to effectuate the purposes of NRS 583.255 to 583.555, inclusive [.
4. All livestock and poultry carcasses] , and sections 2 to 5, inclusive, of this act.
4. Except as otherwise provided in this section, all carcasses of livestock, poultry, other animals and parts thereof found by the officer, an inspector or person acting as an inspector to be adulterated in any official establishment [shall] must be condemned [and shall, if] by the officer or an inspector. If no appeal is taken from [such] the determination of condemnation, the carcasses must be destroyed for human food purposes under the supervision of an inspector unless the [articles may,] carcasses can, by reprocessing, be made unadulterated.
κ1991 Statutes of Nevada, Page 23 (CHAPTER 18, AB 81)κ
appeal is taken from [such] the determination of condemnation, the carcasses must be destroyed for human food purposes under the supervision of an inspector unless the [articles may,] carcasses can, by reprocessing, be made unadulterated. In such a case they need not be so condemned and destroyed if reprocessed under the supervision of an inspector and thereafter found to be unadulterated. If any appeal is taken from [such determination, the articles shall] the determination of condemnation, the carcasses must be appropriately marked and segregated pending completion of an [appeal inspection, which appeal shall be] additional inspection. The appeal is at the cost of the appellant if the officer, after a hearing, determines that the appeal is frivolous. If the determination of condemnation is sustained, the [articles shall] carcasses must be destroyed for human food purposes under the supervision of an inspector.
Sec. 10. NRS 583.455 is hereby amended to read as follows:
583.455 1. Each official establishment at which livestock, poultry or [other] game animals or birds are slaughtered or carcasses or parts thereof are processed for intrastate commerce [shall] must be operated in accordance with sanitary practices required by rules or regulations prescribed by the officer. [No] Carcasses or parts of livestock, poultry or [other animal carcasses or parts thereof shall] game animals or birds must not be admitted into any official establishment unless they have been prepared in accordance with procedures approved pursuant to NRS 583.255 to 583.555, inclusive, and sections 2 to 5, inclusive, of this act, the Wholesome Poultry Products Act or the Wholesome Meat Act, or unless their admission is permitted by rules or regulations prescribed by the state board of health.
2. The officer may [approve establishments for operation] issue a permit for an establishment to operate as an official [establishments] establishment but shall not approve any establishment whose premises, facilities or equipment, or the operation thereof, fail to meet the requirements of this section.
3. A local government shall not issue a business license for operation of any establishment unless it has been [approved] issued a permit as an official establishment.
Sec. 11. NRS 583.465 is hereby amended to read as follows:
583.465 1. Each carcass of livestock [or poultry carcass] , poultry or game animals or birds and each primal part of [either carcass shall] such a carcass must bear an official inspection mark and an approved plant number of the establishment when it leaves the official establishment. The officer may at any time require by regulation additional marks or label information to appear on the carcasses of livestock [or poultry carcasses,] , poultry or game animals or birds, or parts thereof. Marks and labels required [under] by this section [shall] must be applied only by, or under the supervision of, an inspector.
2. If the officer has reason to believe that any label in use or prepared for use is false or misleading in any particular, he may direct that the use of the label be withheld unless it is modified in [such manner as he may prescribe so that it will not be false or misleading.] the manner he prescribes. If the person using or proposing to use the label does not accept the determination of the officer, he may request a hearing, but the use of the label [shall,] must, if the officer so directs, be withheld pending a hearing and final determination by the officer.
κ1991 Statutes of Nevada, Page 24 (CHAPTER 18, AB 81)κ
by the officer. [Any such] A determination by the officer [shall be] is conclusive unless , within 30 days after the receipt of notice of [such final] the determination , the person adversely affected [thereby] appeals to the district court in and for the county in which he has his principal place of business.
Sec. 12. NRS 583.535 is hereby amended to read as follows:
583.535 1. The state board of health shall promulgate such rules and regulations [, including hearing procedures,] as are necessary to carry out its responsibilities [under] pursuant to NRS 583.255 to 583.555, inclusive [. Such] , and sections 2 to 5, inclusive, of this act.
2. The rules and regulations [shall] must establish:
(a) Procedures for hearings;
(b) Standards for licensure;
(c) Standards for ante-mortem and post-mortem inspections;
(d) Standards for inspection of products; and
(e) Fees for permits, licenses and inspections.
3. The rules and regulations must be in conformity with the provisions of the Wholesome Meat Act and Wholesome Poultry Products Act unless the officer determines that [it] a provision of the Act is not in accord with the objectives of NRS 583.255 to 583.555, inclusive [.
2.] , and sections 2 to 5, inclusive, of this act.
4. The officer shall appoint such qualified personnel as are necessary to carry out his responsibilities [under] pursuant to NRS 583.255 to 583.555, inclusive [.] , and sections 2 to 5, inclusive, of this act.
Sec. 13. NRS 583.555 is hereby amended to read as follows:
583.555 1. [Costs] The cost of inspection of an official [establishments during regular working hours shall be borne by the health division of the department of human resources. The cost of any overtime or holiday work shall be borne by the official establishment inspected. The officer shall collect the official establishments share of the costs of inspection.
2. Inspectors shall be paid by the health division of the department of human resources.
3. In order that inspectors may be efficiently utilized the] establishment must be paid by the owner or operator of the establishment.
2. The officer may establish a mandatory schedule of killing days for an official [establishments] establishment in any area of the state [as long as such] if the schedule conforms with the reasonable needs of the [official establishments] establishment and has received the [prior] approval of the health division of the department of human resources. If such a schedule is established [:
(a) Inspection provided on a nonscheduled day is overtime work within the meaning of subsection 1.
(b) It shall] it must be exclusively used for the inspection of the [actual] slaughtering operations of the official [establishments.] establishment.
________
κ1991 Statutes of Nevada, Page 25κ
Senate Bill No. 112Committee on Taxation
CHAPTER 19
AN ACT relating to taxation; authorizing the creation of districts and the imposition or increase of certain taxes to improve transportation; authorizing the borrowing of money secured by revenue from these taxes; requiring and dispensing with approval by the voters in certain cases; clarifying the limitation on business license fees; limiting the total rate of certain taxes in the larger counties; requiring Washoe County to impose a tax on the rental of transient lodging and providing for the use of the proceeds of the tax; and providing other matters properly relating thereto.
[Approved March 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 3.7, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2 of section 3.7 of this act, in addition to all other taxes imposed on the revenues from the rental of transient lodging, a board of county commissioners may by ordinance, but not as in a case of emergency, impose a tax at the rate of 1 percent of the gross receipts from the rental of transient lodging pursuant to either paragraph (a) or (b) as follows:
(a) After receiving the approval of a majority of the registered voters of the county voting on the question at a special or general election, the board of county commissioners may impose the tax throughout the county, including its incorporated cities, upon all persons in the business of providing lodging. The question may be combined with a question submitted pursuant to section 14, 19 or 24 of this act or NRS 373.030 or 377A.020, or any combination thereof.
(b) After receiving the approval of a majority of the registered voters who reside within the boundaries of a transportation district created pursuant to section 6 of this act, voting on the question at a special or general district election, the board of county commissioners may impose the tax within the boundaries of the transportation district upon all persons in the business of providing lodging. The question may be combined with a question submitted pursuant to section 14 of this act.
2. The ordinance imposing the tax must include all the matters required by NRS 244.3352 for the mandatory tax, must be administered in the same manner, and imposes the same liabilities, except:
(a) Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax; and
(b) The governmental entity collecting the tax must transfer all collections to the county and may not retain any part of the tax as a collection or administrative fee.
Sec. 3. In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1 of section 2 of this act:
1. The proceeds of the tax and any applicable penalty or interest must be:
κ1991 Statutes of Nevada, Page 26 (CHAPTER 19, SB 112)κ
(a) Remitted to the appropriate city if collected in the incorporated area of any city and not within any transportation district created by the county, or if collected in any transportation district created by a city; or
(b) Retained by the county if collected elsewhere, and used as provided in this section.
2. If the county has created one or more transportation districts, it shall use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within 1 mile outside those boundaries if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;
(b) Payment of principal and interest on notes, bonds or other obligations issued by the county to fund projects described in paragraph (a); or
(c) Any combination of those uses.
3. Any part of the money retained which is collected in the unincorporated area of the county and not within any transportation district created by the county or a city must be used for the same purposes within the unincorporated area of the county or within 1 mile outside that area if the board of county commissioners finds that such projects outside that area will facilitate transportation within that area.
Sec. 3.3. In a transportation district in which a tax has been imposed pursuant to paragraph (b) of subsection 1 of section 2 of this act, the proceeds of the tax and any applicable penalty or interest must be retained by the county and used to pay the cost of:
1. Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within such a distance outside those boundaries as is stated in the ordinance imposing the tax, if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;
2. Payment of principal and interest on notes, bonds or other obligations issued by the county to fund projects described in subsection 1; or
3. Any combination of those uses.
Sec. 3.5. A board of county commissioners which, after the effective date of this act, imposes a tax pursuant to NRS 373.030 or 377A.020, or section 2, 14, 19 or 24 of this act shall, by January 1, 2001, and every 10 years thereafter:
1. Prepare a comprehensive report which includes:
(a) A statement of the proposed uses during the following 10 years of the revenues to be collected from each tax imposed; and
(b) A projection of the principal amount of any general or special obligation bonds or other securities proposed to be issued during the following 10 years to fund projects described in paragraph (a) of subsection 2 of section 3 of this act;
κ1991 Statutes of Nevada, Page 27 (CHAPTER 19, SB 112)κ
years to fund projects described in paragraph (a) of subsection 2 of section 3 of this act;
2. Hold a public hearing to consider and solicit comments on the report; and
3. Provide a copy of the report to the next regular session of the legislature.
Sec. 3.7. 1. A county whose population is 400,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after the effective date of this act except pursuant to section 2 of this act.
2. A county whose population is 100,000 or more but less than 400,000 shall not impose a new tax on the rental of transient lading or increase the rate of an existing tax on the rental of transient lodging after the effective date of this act.
3. The legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority.
Sec. 3.9. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in subsection 2, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outsi de of the limits of incorporated cities and towns.
(b) [Fix,] Except as otherwise provided in section 3.7 of this act, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate the business of conducting a dancing hall, escort service, or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
3. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
4. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
κ1991 Statutes of Nevada, Page 28 (CHAPTER 19, SB 112)κ
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
5. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
Sec. 4. NRS 244.3358 is hereby amended to read as follows:
244.3358 1. A county [having a population of] whose population is less than 100,000 may by ordinance assign to a district created pursuant to chapter 318 of NRS which has been granted the basic power of furnishing recreational facilities all or any portion of the proceeds of any tax on the revenues from the rental of transient lodging which is imposed by the county and collected within the boundaries of the district, except the tax imposed pursuant to NRS 244.3352 [.] or a tax imposed pursuant to section 2 of this act.
2. The district may use the proceeds assigned pursuant to subsection 1 for any purpose authorized pursuant to NRS 318.143.
3. The district may, with the consent of the board of county commissioners, irrevocably pledge the proceeds assigned pursuant to subsection 1 for:
(a) The repayment of any bonds or short-term obligations issued pursuant to chapter 318, 350 or 354 of NRS for any lawful purpose pertaining to the furnishing of recreational facilities; or
(b) The refinancing of any such bonds or obligations.
The consent of the board of county commissioners must be given by resolution. If any proceeds are pledged pursuant to this subsection, the assignment of the proceeds may not be revoked until the bonds or short-term obligations for which the proceeds were pledged have been completely repaid.
4. No assignment may be made pursuant to this section which is inconsistent with an assignment made or contract entered into for the purposes of NRS 244A.597 to 244A.655, inclusive.
5. A county which makes an assignment pursuant to this section may retain an amount equal to the reasonable cost of collecting the tax, which must not exceed 2 percent of the proceeds of the tax for any period of collection.
κ1991 Statutes of Nevada, Page 29 (CHAPTER 19, SB 112)κ
must not exceed 2 percent of the proceeds of the tax for any period of collection.
Sec. 5. Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 8 of this act.
Sec. 6. 1. A board of county commissioners may by ordinance, but not as in a case of emergency, create one or more transportation districts in the unincorporated area of the county. The board of county commissioners is ex officio the governing body of any district created pursuant to this section and may:
(a) Organize and maintain the district.
(b) Establish, by ordinance, regulations:
(1) For the administration of its internal affairs.
(2) For the employment of professional, technical, clerical and other personnel necessary to carry out its duties.
(3) For the establishment and alteration of the boundaries of the district.
(4) Providing for the use of revenue received by the district.
(c) Hold meetings as the governing body of a district in conjunction with its meetings as the board of county commi ssioners without posting a separate agenda or posting additional notices of the meetings within the district.
(d) Cause a special or general district election to be held in the same manner as provided for other such elections in Title 24 of NRS for the purpose of submitting a question pursuant to paragraph (b) of subsection 1 of section 2 or paragraph (b) of subsection 1 of section 14 of this act, or both.
2. The budget of a district created pursuant to this section must comply with the provisions of NRS 354.470 to 354.626, inclusive.
3. All persons employed to perform the functions of a district are employees of the county for all purposes.
Sec. 7. 1. Except as otherwise provided in subsection 2, a board of county commissioners which establishes a transportation district shall establish the boundaries of the district and may alter those boundaries by ordinance.
2. The boundaries of a transportation district must not be established or altered to include any territory within the boundaries of any incorporated city, except that annexations or incorporations occurring after the effective date of the ordinance creating or altering the boundaries of a district do not affect the boundaries of the district.
Sec. 8. 1. A county may pledge any money received from the proceeds of taxes imposed pursuant to paragraph (a) of subsection 1 of section 2 or paragraph (a) of subsection 1 of section 14 of this act or pursuant to section 24 of this act or, with the consent of the regional transportation commission, received from the proceeds of the tax imposed pursuant to NRS 377A.020, or any combination of money from those sources with revenue derived from the project financed with the proceeds of the obligations for whose payment those taxes are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in paragraph (a) of subsection 2 of section 3 of this act, if the project for which the securities are issued could be directly funded with the taxes whose proceeds are pledged for the payment of the securities.
κ1991 Statutes of Nevada, Page 30 (CHAPTER 19, SB 112)κ
2. A county may pledge any money received from the proceeds of taxes imposed pursuant to paragraph (b) of subsection 1 of section 2 or paragraph (b) of subsection 1 of section 14 of this act, or any combination of money from those taxes with revenue derived from the project financed with the proceeds of the obligations for whose payment those taxes are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in subsection 1 of section 3.3 of this act, if the project for which the securities are issued could be directly funded with the taxes whose proceeds are pledged for the payment of the securities.
3. Any money pledged by the county pursuant to subsection 1 or 2 may be treated as pledged revenues of the project for the purposes of subsection 2 of NRS 350.020.
Sec. 9. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 13.5, inclusive, of this act.
Sec. 10. 1. The governing body of a city may by ordinance, but not as in a case of emergency, create one or more transportation districts in the incorporated area of the city. The governing body of the city is ex officio the governing body of any district created pursuant to this section and may:
(a) Organize and maintain the district.
(b) Establish, by ordinance, regulations:
(1) For the administration of its internal affairs.
(2) For the employment of professional, technical, clerical and other personnel necessary to carry out its duties.
(3) For the establishment and alteration of the boundaries of the district.
(4) Providing for the use of revenue received by the district.
(c) Hold meetings as the governing body of a district in conjunction with its meetings as the governing body of the city without posting a separate agenda or posting additional notices of the meetings within the district.
2. The budget of a district created pursuant to this section must comply with NRS 354.470 to 354.626, inclusive.
3. All persons employed to perform the functions of a district are employees of the city for all purposes.
Sec. 11. 1. Except as otherwise provided in subsection 2, the governing body of a city which establishes a transportation district shall establish the boundaries of the district and may alter those boundaries by ordinance.
2. The boundaries of a transportation district must not be established or altered to include any territory outside the boundaries of the city, but detachments of territory from the city occurring after the effective date of the ordinance creating or altering the boundaries of a district do not affect its boundaries.
Sec. 12. 1. A city that has created one or more transportation districts shall use any part of the money received pursuant to the provisions of section 2 of this act which is collected within the boundaries of a transportation district to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within 1 mile outside those boundaries if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;
κ1991 Statutes of Nevada, Page 31 (CHAPTER 19, SB 112)κ
projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within 1 mile outside those boundaries if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;
(b) Payment of principal and interest on notes, bonds or other obligations issued by the city to fund projects described in paragraph (a); or
(c) Any combination of those uses.
2. A city shall use any of the money received from such a tax which is not collected within the boundaries of a transportation district for the same purposes within the incorporated boundaries of the city or within 1 mile outside those boundaries if the governing body finds that such projects outside those boundaries will facilitate transportation within the incorporated area.
Sec. 13. 1. A city may pledge any money received pursuant to the provisions of section 2 of this act or any combination of that money with revenue derived from the project financed with the proceeds of the obligations for whose payment the money and revenue are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in paragraph (a) of subsection 2 of section 3 of this act, if the project for which the obligations are issued could be directly funded with the tax whose proceeds are pledged for the payment of the securities.
2. Any money pledged by the city pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection 2 of NRS 350.020.
Sec. 13.5. 1. A city located in a county whose population is 400,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after the effective date of this act.
2. A city located in a county whose population is 100,000 or more but less than 400,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after the effective date of this act.
3. The legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority.
Sec. 13.7. NRS 268.095 is hereby amended to read as follows:
268.095 1. The city council or other governing body of each incorporated city in the State of Nevada, whether organized under general law or special charter, may:
(a) [Fix,] Except as otherwise provided in section 13.5 of this act, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) Assign the proceeds of any one or more such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
κ1991 Statutes of Nevada, Page 32 (CHAPTER 19, SB 112)κ
(2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
2. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
3. Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
4. The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. Except as otherwise provided in NRS 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.
κ1991 Statutes of Nevada, Page 33 (CHAPTER 19, SB 112)κ
disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
5. The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 14. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A board of county commissio ners may by ordinance, but not as in a case of emergency, impose a tax for the improvement of transportation on the privilege of new residential, commercial, industrial and other development pursuant to either paragraph (a) or (b) as follows:
(a) After receiving the approval of a majority of the registered voters of the county voting on the question at a regular or special election, the board of county commissioners may impose the tax throughout the county, including any such development in incorporated cities in the county. A county may combine this question with a question submitted pursuant to section 2, 19 or 24 of this act or NRS 373.030 or 377A.020, or any combination thereof.
(b) After receiving the approval of a majority of the registered voters who reside within the boundaries of a transportation district created pursuant to section 6 of this act, voting on the question at a special or general district election, the board of county commissioners may impose the tax within the boundaries of the district. A county may combine this question with a question submitted pursuant to section 2 of this act.
2. The tax imposed pursuant to this section must be at such a rate and based on such criteria and classifications as the board of county commissioners determines to be appropriate. Each such determination is conclusive unless it constitutes an arbitrary and capricious abuse of discretion, but the tax imposed must not exceed $500 per single-family dwelling unit of new residential development, or the equivalent thereof as determined by the board of county commissioners, or 50 cents per square foot on other new development. If so provided in the ordinance, a newly developed lot for a mobile home shall be considered a single-family dwelling unit of new residential development.
3. The tax imposed pursuant to this section must be collected before the time a certificate of occupancy for a building or other structure constituting new development is issued, or at such other time as is specified in the ordinance imposing the tax. If so provided in the ordinance, no certificate of occupancy may be issued by any local government unless proof of payment of the tax is filed with the person authorized to issue the certificate of occupancy. Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.
κ1991 Statutes of Nevada, Page 34 (CHAPTER 19, SB 112)κ
4. In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the county or within 1 mile outside those boundaries if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county;
(b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
5. In a transportation district in which a tax has been imposed pursuant to paragraph (b) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within such a distance outside those boundaries as is stated in the ordinance imposing the tax, if the board of county commissioners finds that such projects outside the boundaries of the district will facilitate transportation within the district;
(b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
6. The county may expend the proceeds of the tax authorized by this section, or any borrowing in anticipation of the tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.
7. The provisions of chapter 278B of NRS and any action taken pursuant to that chapter do not limit or in any other way apply to any tax imposed pursuant to this section.
Sec. 15. NRS 278B.050 is hereby amended to read as follows:
278B.050 Impact fee means a charge imposed by a local government on new development to finance the costs of a capital improvement or facility expansion necessitated by and attributable to the new development. The term does not include a tax for the improvement of transportation imposed pursuant to section 14 of this act.
Sec. 16. NRS 354.5989 is hereby amended to read as follows:
354.5989 1. A local government shall not increase any fee for a business license or adopt a fee for a business license issued for revenue or regulation, or both, except as permitted by this section. This prohibition does not apply to fees:
κ1991 Statutes of Nevada, Page 35 (CHAPTER 19, SB 112)κ
(a) Imposed by hospitals, county airports, airport authorities, convention authorities, the Las Vegas Valley Water District or the Clark County Sanitation District;
(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 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, 1989, is the base from which the maximum allowable revenue from such fees must be calculated for the next subsequent year. To the base must be added the sum of the amounts respectively equal to the product of the base multiplied by 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 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 fiscal year by more than the increase in the Consumer Price Index during that preceding calendar year.
4. A local government may submit an application to increase its revenue from fees for business licenses beyond the amount allowable under this section to the Nevada tax commission, which may grant the application 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 these circumstances are not relieved by such a distribution; 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 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.
6. As used in this section, fee for a business license does not include a tax imposed on the revenues from the rental of transient lodging.
Sec. 17. NRS 354.59891 is hereby amended to read as follows:
354.59891 1. 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 , tax for the improvement of transportation imposed pursuant to section 14 of this act or any amount expended to change the zoning of the property.
κ1991 Statutes of Nevada, Page 36 (CHAPTER 19, SB 112)κ
improvement of transportation imposed pursuant to section 14 of this act 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 a local government, 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;
(b) Any interest or other income earned on the money in the enterprise fund is credited to the fund; and
(c) The local government 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. The executive director of the department of taxation shall adopt regulations governing the permissible expenditures from an enterprise fund pursuant to this paragraph.
Sec. 18. Chapter 365 of NRS is hereby amended by adding thereto the provisions set forth as sections 19 and 20 of this act.
Sec. 19. 1. A board of county commissioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters of the county voting on the question at a general or special election, impose a tax of not more than 4 cents per gallon on fuel or jet or turbine-powered aircraft sold, distributed or used in the county. A county may combine this question with questions submitted pursuant to section 2, 14 or 24 of this act or NRS 373.030 or 377A.020, or any combination thereof.
2. A tax imposed pursuant to this section must be imposed on all taxpayers at the same rate. The county shall not allow any discounts, exemptions or other variance of the rate of the tax for any taxpayer except for the state or a political subdivision of the state.
κ1991 Statutes of Nevada, Page 37 (CHAPTER 19, SB 112)κ
3. Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.
Sec. 20. 1. The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to NRS 365.170 or section 19 of this act must be deposited in the account for taxes on fuel for jet or turbine-powered aircraft in the state general fund and must be allocated monthly by the department to the governmental entity which owns the airport at which the tax was collected, or if the airport is privately owned, to the county in which the airport is located.
2. The money so received must be used by the entity receiving it to pay the cost of:
(a) Transportation projects related to airports, including access on the ground to airports;
(b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those purposes.
3. Money so received may also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a) of subsection 2.
4. Any money pledged pursuant to subsection 3 may be treated as pledged revenues of the project for the purposes of subsection 2 of NRS 350.020
Sec. 21. NRS 365.170 is hereby amended to read as follows:
365.170 1. Every dealer shall, not later than the 25th day of each calendar month:
(a) Render to the department a statement of all motor vehicle fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in the State of Nevada, as well as all such fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and
(b) Pay an excise tax on:
(1) All fuel for jet or turbine-powered aircraft in the amount of 1 cent per gallon [;] , plus any amount imposed by the county in which the fuel is sold, distributed or used pursuant to section 19 of this act; and
(2) All other motor vehicle fuel in the amount of 12.65 cents per gallon, so sold, distributed or used, in the manner and within the time prescribed in this chapter.
2. The department for good cause may extend for not to exceed 30 days the time for making any report or return required under this chapter. The extension may be granted at any time if:
(a) A request therefor has been filed with the department within or before the period for which the extension may be granted; and
(b) A remittance of the estimated tax is made when due.
3. Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.
κ1991 Statutes of Nevada, Page 38 (CHAPTER 19, SB 112)κ
that the document or remittance was timely deposited in the United State s mail properly addressed to the department.
Sec. 22. NRS 365.210 is hereby amended to read as follows:
365.210 1. No county, city or other political subdivision or municipal corporation may levy or collect any excise, privilege or occupation tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel, fuel for jet or turbine-powered aircraft or any other inflammable or combustible liquids except:
[1.] (a) The county motor vehicle fuel tax authorized by chapter 373 of NRS.
[2.] (b) A tax on fuel for jet or turbine-powered aircraft authorized by section 19 of this act.
(c) Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.
[3.] (d) County and city business license taxes where otherwise authorized by law [.] , except as otherwise provided in subsection 2.
2. After the effective date of this act, no county, city or other political subdivision or municipal corporation responsible for the operation of an airport may impose a new tax or fee upon the sale or distribution of fuel for jet or turbine-powered aircraft except:
(a) A tax on fuel for jet or turbine-powered aircraft authorized by section 19 of this act.
(b) Any fuel flowage fee imposed upon aircraft or organizations servicing aircraft in lieu of rent for use of the terminal, landing fees or other airport charges.
Sec. 23. NRS 365.540 is hereby amended to read as follows:
365.540 1. The money collected, as prescribed by NRS 365.170 and 365.185, from the tax on motor vehicle fuels, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be placed to the credit of the state highway fund by the state treasurer.
2. The money collected, as prescribed by NRS 365.180 and 365.190, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be allocated by the department to the counties as prescribed in NRS 365.550 and 365.560.
3. The money collected as prescribed by NRS 365.200 must be allocated by the department as prescribed by NRS 365.550 and 365.560.
4. [The money collected, as prescribed by NRS 365.170, from the tax on fuel for jet or turbine-powered aircraft, must be deposited by the department with the state treasurer for credit to the account for taxes on fuel for jet or turbine-powered aircraft in the state general fund.
5.] The money collected [,] from the tax on aviation fuel must be deposited by the department with the state treasurer for credit to the account for taxes on aviation fuel, which is hereby created as a revolving account.
Sec. 24. Chapter 371 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A board of county commi ssioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters voting on the question at a general or special election, impose a supplemental privilege tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:
κ1991 Statutes of Nevada, Page 39 (CHAPTER 19, SB 112)κ
the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:
(a) A vehicle exempt from the motor vehicle privilege tax pursuant to this chapter; or
(b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.
2. A county may combine this question with questions submitted pursuant to section 2, 14 or 19 of this act or NRS 373.030 or 377A,020, or any combination thereof.
3. Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.
4. Except as otherwise provided in subsection 5, the county shall use the proceeds of the tax to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects or underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the county or within 1 mile outside those boundaries if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county;
(b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
5. The county may expend the proceeds of the supplemental privilege tax authorized by this section, or any borrowing in anticipation of that tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.
6. As used in this section, based has the meaning ascribed to it in NRS 482.011.
Sec. 25. NRS 371.040 is hereby amended to read as follows:
371.040 The annual amount of the basic privilege tax [shall be] throughout the state is 4 cents on each $1 of valuation of the vehicle as determined by the department.
Sec. 26. NRS 373.030 is hereby amended to read as follows:
373.030 1. In any county for all or part of which a streets and highways plan has been adopted as a part of the master plan by the county or regional planning commission pursuant to NRS 278.150, the board may by ordinance:
(a) Create a regional transportation commission; and
(b) Impose a tax on motor vehicle fuel sold in the county in an amount not to exceed 9 cents per gallon.
2. If a tax is proposed in an amount which would result in a total tax of not more than 4 cents per gallon, the board may submit the proposed tax to the registered voters of the county at any election for their approval.
3. If a tax is proposed in an amount which would result in a total tax of more than 4 cents per gallon, the board shall submit the proposed tax to the registered voters of the county at any election for their approval. A county may combine this question with questions submitted pursuant to section 2, 14, 19 or 24, of this act or NRS 377A.020, or any combination thereof.
κ1991 Statutes of Nevada, Page 40 (CHAPTER 19, SB 112)κ
may combine this question with questions submitted pursuant to section 2, 14, 19 or 24, of this act or NRS 377A.020, or any combination thereof. If the tax is approved, the board, by ordinance, shall impose such a tax.
4. A tax imposed under this section is in addition to other motor vehicle fuel taxes imposed under the provisions of chapter 365 of NRS.
Sec. 27. NRS 377A.010 is hereby amended to read as follows:
377A.010 As used in this chapter, unless the context otherwise requires:
1. Board means the board of county commi ssioners.
2. Construction of public roads includes repair and maintenance of public roads.
3. Public roads means paved roads which are constructed and maintained by a city or county to which access is not limited [.] , and other projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055.
4. Public transit system means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons, providing local transportation within a county.
Sec. 28. NRS 377A.020 is hereby amended to read as follows:
377A.020 1. The board of county commi ssioners of any county may enact an ordinance imposing a tax for public mass transportation and construction of public roads pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than 250,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.
2. An ordinance enacted pursuant to this chapter [becomes effective when it] may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon [a] the question which the board may submit to the voters at any election. A county may combine the question for mass transportation and public roads with questions submitted pursuant to section 2, 14, 19 or 24 of this act or NRS 373.030, or any combination thereof. The board shall also submit to the voters any proposal to change the previously approved uses for the proceeds of the tax.
3. Any ordinance enacted pursuant to this section must [provide that] specify the date on which the tax must first be imposed [on] , which must not be earlier than the first day of the second calendar month following the approval of the [ordinance] question by the voters.
Sec. 29. NRS 377A.080 is hereby amended to read as follows:
377A.080 1. In any county in which a tax for public mass transportation and construction of public roads has been imposed, the board shall by ordinance create a regional transportation commission pursuant to chapter 373 of NRS if one has not already been created under that chapter. Where a regional transportation commission has already been created under that chapter, that commission shall also exercise the powers conferred by this section.
2. The regional transportation commission may:
κ1991 Statutes of Nevada, Page 41 (CHAPTER 19, SB 112)κ
(a) Appropriate money in the public transit fund accumulated by a county to provide a public transit system for that county if the system is included in a regional transportation plan adopted by the regional transportation commission;
(b) Appropriate money to support agencies which are providing transportation for the elderly and the handicapped if the services provided by the agencies are part of the regional transportation plan; and
(c) Provide for or perform all functions incident to the administration and operation of the public transit system, including the establishment of fares for the system.
3. The commission may draw money out of the public transit fund only for [the purposes of establishing] :
(a) Establishing and maintaining a public transit system for the county [, supporting other services required by the regional transportation plan and constructing,] and supporting other activities, services and programs related to transportation which are included in a regional transportation plan adopted by the commission;
(b) Constructing, repairing and maintaining public roads [. Money drawn for constructing, repairing and maintaining public roads must be allocated to the governmental entities within the county in the same ratio as each entitys total miles of paved roads bears to the total miles of paved roads within the county.] ;
(c) Payment of principal and interest on notes, bonds or other securities issued to provide funds for the cost of projects described in paragraphs (a) and (b); or
(d) Any combination of those purposes.
Sec. 30. NRS 377A.090 is hereby amended to read as follows:
377A.090 1. Money for the payment of the cost of establishing and maintaining a public transit system or for constructing public roads may be obtained by the issuance of [revenue] bonds and other [revenue] securities as provided in subsection 2 of this section, or, subject to any pledges, liens and other contractual limitations made [under] pursuant to this chapter, may be obtained by direct distribution from the public transit fund, or may be obtained both by the issuance of such securities and by such direct distribution as the board may determine.
2. The board may, after the enactment of an ordinance imposing a tax for public mass transportation and construction of public roads as authorized by NRS 377A.020, from time to time issue [revenue] bonds and other securities, which are [not] general or special obligations of the county [or a charge on any real estate therein, but] and which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the tax for public mass transportation and construction of public roads. [No revenue bonds or other securities may be issued pursuant to this chapter to obtain money for the construction of public roads.]
3. The ordinance authorizing the issuance of any bond or other [revenue] security must describe the purpose for which it is issued.
Sec. 31. NRS 377A.100 is hereby amended to read as follows:
377A.100 1. Each ordinance providing for the issuance of any bond or security issued under this chapter payable from the receipts of the tax for public mass transportation and construction of public roads may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon the receipts of the tax or upon the proceeds of any bond or security pending their application to defray the cost of establishing or operating a public transit system, or both tax proceeds and security proceeds, to secure the payment of any [Rev. 2/12/2019 1:31:26 PM]
κ1991 Statutes of Nevada, Page 42 (CHAPTER 19, SB 112)κ
public mass transportation and construction of public roads may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon the receipts of the tax or upon the proceeds of any bond or security pending their application to defray the cost of establishing or operating a public transit system, or both tax proceeds and security proceeds, to secure the payment of any [revenue] bond or security issued under this chapter.
2. Any money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection 2 of NRS 350.020.
Sec. 32. NRS 482.180 is hereby amended to read as follows:
482.180 1. The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.
2. The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.
3. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.
4. Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.
5. The privilege tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:
Carson City ..... 1.07 percent Douglas ................ 2.52 percent
Churchill .......... 5.21 percent Elko ...................... 13.31 percent
Clark ................ 22.54 percent Esmeralda ........... 2.52 percent
Eureka ............. 3.10 percent Nye ....................... 4.09 percent
Humboldt ........ 8.25 percent Pershing ............... 7.00 percent
Lander ............. 3.88 percent Storey ................... .19 percent
Lincoln ............. 3.12 percent Washoe ................ 12.24 percent
Lyon ................. 2.90 percent White Pine ........... 5.66 percent
Mineral ............ 2.40 percent
The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.
6. As commission to the state for collecting the privilege tax on vehicles subject to the provisions of this chapter and chapter 706 of NRS, the department is entitled to retain 1 percent of the privilege tax collected by a county assessor and 6 percent of the other privilege tax collected.
7. When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
κ1991 Statutes of Nevada, Page 43 (CHAPTER 19, SB 112)κ
Sec. 33. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection [3,] 4, the department shall certify monthly to the state board of examiners that amount of the basic supplemental privilege [tax] taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in section 24 of this act.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies and tax increment areas, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the countys general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but:
(a) If the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service; and
(b) If any or all of the school districts debt service to which a portion of its rate for the fiscal year beginning on July 1, 1978, is attributable is transferred to an improvement district created pursuant to chapter 318 of NRS to furnish facilities for public schools, that portion must be attributed to the improvement district for the purpose of the distributions made pursuant to this section.
[3.] 4. An amount equal to any basic privilege tax distributed to a redevelopment agency or tax increment area in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
[4.] 5. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
[5.] 6. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 34. Section 55 of chapter 796, Statutes of Nevada 1989, at page 1923, is hereby amended to read as follows:
Sec. 55. NRS 377A.020 is hereby amended to read as follows:
377A.020 1. The board of county commissioners of any county may enact an ordinance imposing a tax for public mass transportation and construction of public roads pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than [250,000] 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.
κ1991 Statutes of Nevada, Page 44 (CHAPTER 19, SB 112)κ
[250,000] 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.
2. An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any election. A county may combine the question for mass transportation and public roads with questions submitted pursuant to section 2, 14, 19 or 24 of this act or NRS 373.030, or any combination thereof. The board shall also submit to the voters any proposal to change the previously approved uses for the proceeds of the tax.
3. Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.
Sec. 35. 1. The approval by the voters on November 6, 1990, of Question No. 10, concerning transportation, on the 1990 general election ballot for Clark County shall be deemed to constitute approval by the voters of the taxes authorized by the provisions of sections 2, 14, 19 and 24 of this act and NRS 373.030 and 377A.030. No other approval by the voters is required for the imposition of those taxes in Clark County, including its incorporated cities, at the following rates:
(a) Pursuant to section 2 of this act, 1 percent of the gross receipts from the rental of transient lodging;
(b) Pursuant to section 14 of this act, up to $500 per single-family dwelling unit, or the equivalent thereof, as determined by the board of county commissioners, and 50 cents per square foot on other new development;
(c) Pursuant to section 19 of this act, up to 4 cents per gallon on fuel for jet or turbine-powered aircraft sold, distributed or used;
(d) Pursuant to section 24 of this act, 1 cent on each $1 of valuation of each vehicle;
(e) Pursuant to NRS 373.030, 5 cents per gallon of motor vehicle fuel sold; and
(f) Pursuant to NRS 377A.030, one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county.
2. If at any time between November 6, 1990, and the effective date of this act, another county obtains approval by the voters of a substantially similar measure or a measure which complies with the provisions of this act for one or more of the taxes authorized by sections 2, 14, 19 and 24 of this act and NRS 373.030 and 377A.030, that approval also shall be deemed to constitute approval of the tax or taxes specified on the ballot and no other approval by the voters is required for imposition of those taxes at the rates specified on that ballot.
Sec. 36. The amendment of subsection 3 of NRS 377A.080 which eliminates the provision that requires a county to allocate to the governmental entities within the county certain revenue from a tax for public mass transportation does not affect the duty of any county which is making allocations pursuant to that provision on the effective date of this act. Each such county shall continue to make the allocations as if this provision had not been deleted.
κ1991 Statutes of Nevada, Page 45 (CHAPTER 19, SB 112)κ
shall continue to make the allocations as if this provision had not been deleted.
Sec. 37. 1. The legislature hereby declares that:
(a) Washoe County contains many diverse areas for which tourism is an important economic factor including mountain peaks, mountain lakes, valley lakes and old and new downtown business districts;
(b) A unique National Automobile Museum is located in Washoe County for which the City of Reno may choose to become responsible for, among other reasons, its ability to draw tourists to the area;
(c) In the past, many tourists have been attracted to the area as participants in or spectators of national bowling tournaments although a permanent facility in which to hold the tournaments is not currently available in Washoe County;
(d) Because of Washoe Countys fragile economy and the need to develop a stable tourist trade, it is important that tourist-related businesses are able to depend on a tax that will remain at a constant rate and be used for projects that have a history of drawing tourists to Washoe County; and
(e) A general law cannot be made applicable to the situation because of these unique circumstances and special conditions, and the provisions of this section are therefore necessary.
2. Notwithstanding the provisions of sections 3.7 and 13.5 of this act, the Board of County Commissioners of Washoe County, in addition to all other taxes imposed on the revenues from the rental of transient lodging, shall impose a tax at the rate of 1 percent of the gross receipts from the rental of transient lodging in that county upon all persons in the business of providing lodging throughout the county, including its incorporated cities.
3. The ordinance imposing the tax must include all the matters required by NRS 244.3352 for the mandatory tax, must be administered in the same manner, and imposes the same liabilities, except that collection of the tax by the Reno-Sparks Convention and Visitors Authority must commence on July 1, 1991. The Reno-Sparks Convention and Visitors Authority:
(a) Shall remit all proceeds of the tax imposed on or before June 30, 1992, and any penalty and interest attributable thereto, to the City of Reno 30 days after receipt; and
(b) May not retain any part of the tax, interest or penalties as collection or administrative fee.
4. The proceeds of the tax imposed pursuant to subsection 1:
(a) From July 1, 1991, through June 30, 1992, and any penalties and interest attributable thereto must be used to pay the costs of operation or debt service, or both, of the National Automobile Museum; and
(b) After June 30, 1992, and any penalties and interest attributable thereto must be used to pay the cost of the construction and operation of a multipurpose bowling facility, including parking and space for other functions ancillary to such a facility.
5. If the Reno-Sparks Convention and Visitors Authority does not approve the construction of the bowling facility on or before June 30, 1992, the collection of the tax must be suspended until such action is taken or June 30, 1993, whichever is earlier. If the collection of the tax is suspended on June 30, 1993, the board of county commissioners shall repeal the ordinance imposing the tax and shall not impose any further taxes pursuant to this section.
κ1991 Statutes of Nevada, Page 46 (CHAPTER 19, SB 112)κ
imposing the tax and shall not impose any further taxes pursuant to this section.
6. The county, acting by and through the Reno-Sparks Convention and Visitors Authority, may pledge any money received from the proceeds of the tax imposed pursuant to this section with revenue derived from the project that is described in paragraph (b) of subsection 4, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for the project. A pledge pursuant to this subsection may include the tax authorized by this section and other taxes imposed on the rental of transient lodging that are available for pledge by the Reno-Sparks Convention and Visitors Authority. Any money pledged by the county pursu ant to this subsection may be treated as pledged revenues of the project for the purposes of subsection 2 of NRS 350.020.
Sec. 38. 1. This section and sections 1 to 19, inclusive, 21, 22, 24 to 37, inclusive, and 39 of this act become effective upon passage and approval.
2. Section 20 of this act becomes effective upon passage and approval for the purpose of allocating any tax revenue received from a tax imposed pursuant to section 19 of this act and on July 1, 1991, for all other purposes.
3. Section 23 of this act becomes effective on July 1, 1991.
Sec. 39. If any provision of this act, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are hereby declared to be severable.
________
Senate Bill No. 69Committee on Judiciary
CHAPTER 20
AN ACT relating to arbitration; generally excluding claims within the jurisdiction of the justices court from the provision for mandatory arbitration of claims involving motor vehicles; and providing other matters properly relating thereto.
[Approved March 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 38.215 is hereby amended to read as follows:
38.215 1. Except as otherwise provided in subsection 2, all civil actions for damages for personal injury, death or property damage arising out of the ownership, maintenance or use of a motor vehicle, where the cause of action arises in [the State of Nevada] this state and the amount in issue does not exceed $15,000, must be submitted to arbitration, in accordance with the provisions of NRS 38.015 to 38.205, inclusive.
2. Subsection 1 does not apply to [civil actions within] any such action:
(a) Within the jurisdiction of the justices court, unless the parties agree, orally or in writing, that the action will be submitted to arbitration or the justices court so orders; or
κ1991 Statutes of Nevada, Page 47 (CHAPTER 20, SB 69)κ
(b) Within the jurisdiction of the district court of a judicial district in which a program of mandatory arbitration is in effect.
Sec. 2. The amendatory provisions of this act do not apply to any action filed before the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 64Committee on Judiciary
CHAPTER 21
AN ACT relating to the justices courts; reducing the required minimum population of a township in which a justice of the peace is authorized to appoint a referee; and providing other matters properly relating thereto.
[Approved March 25, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.355 is hereby amended to read as follows:
4.355 1. A justice of the peace in a township whose population is [100,000] 40,000 or more may appoint a referee to take testimony and recommend orders and a judgment:
(a) In any action filed pursuant to NRS 73.010;
(b) In any action for a misdemeanor constituting a violation of chapter 484 of NRS, except NRS 484.379 and 484.3795; or
(c) In any action for a misdemeanor constituting a violation of a county traffic ordinance.
2. The referee must meet the qualifications of a justice of the peace as set forth in subsections 1 and 2 of NRS 4.010.
3. The referee:
(a) Shall take testimony;
(b) Shall make findings of fact, conclusions of law and recommendations for an order or judgment;
(c) May, subject to confirmation by the justice of the peace, enter an order or judgment; and
(d) Has any other power or duty contained in the order of reference issued by the justice of the peace.
4. The findings of fact, conclusions of law and recommendations of the referee must be furnished to each party or his attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 5 days after receipt of the findings of fact, conclusions of law and recommendations, a party may file a written objection. If no objection is filed, the court shall accept the findings, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 5-day period, the justice of the peace shall review the matter by trial de novo, except that if all of the parties so stipulate, the review must be confined to the record.
κ1991 Statutes of Nevada, Page 48 (CHAPTER 21, SB 64)κ
5. A referee must be paid one-half of the hourly compensation of a justice of the peace.
________
Assembly Bill No. 121Committee on Government Affairs
CHAPTER 22
AN ACT relating to land use; providing limitations on certain actions; revising provisions relating to certifying and recording of certain plans; repealing provisions relating to replacement of certain structures not in conformance with zoning ordinance; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.0235 is hereby amended to read as follows:
278.0235 No action or proceeding [shall] may be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any governing body, commission or board [granting or changing any land use classification or granting any special use or variance] authorized by NRS 278.010 to 278.630, inclusive, unless [such] the action or proceeding is commenced within 25 days [from] after the date of filing of notice of [such] the final action , decision or order with the clerk or secretary of [such] the governing body, commission or board.
Sec. 2. NRS 278A.570 is hereby amended to read as follows:
278A.570 1. A plan [, or any part thereof,] which has been given final approval by the city or county, must be certified without delay by the city or county and filed of record in the office of the appropriate county recorder before any development occurs in accordance [therewith.] with that plan. A county recorder shall not file for record any final plan unless it includes a final map [,] of the entire final plan or an identifiable phase of the final plan if required by the provisions of NRS 278.010 to 278.630, inclusive, and [:] includes:
(a) The same certificates of approval as are required under NRS 278.377; or
(b) Evidence that the approvals were requested more than 30 days before the date on which the request for filing is made, and that the agency has not refused its approval.
2. Except as otherwise provided in this subsection, after the plan is recorded, the zoning and subdivision regulations otherwise applicable to the land included in the plan cease to apply. If the development is completed in identifiable phases, [the] then each phase can be recorded. The zoning and subdivision regulations cease to apply after the recordation of each phase to the extent necessary to allow development of that phase.
3. Pending completion of the planned unit development, or of the part that has been finally approved, no modification of the provisions of the plan, or any part finally approved, may be made, nor may it be impaired by any act of the city or county except with the consent of the landowner.
κ1991 Statutes of Nevada, Page 49 (CHAPTER 22, AB 121)κ
any part finally approved, may be made, nor may it be impaired by any act of the city or county except with the consent of the landowner.
4. The county recorder shall collect a fee of $50, plus 50 cents per lot or unit mapped, for the recording or filing of any final map, plat or plan. The fee must be deposited in the general fund of the county where it is collected.
Sec. 3. NRS 278A.590 is hereby amended to read as follows:
278A.590 1. Any decision of the city or county under this chapter granting or denying tentative or final approval of the plan or authorizing or refusing to authorize a modification in a plan is a final administrative decision and is subject to judicial review in properly presented cases.
2. No action or proceeding may be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any city, county or other governing body authorized by this chapter unless the action or proceeding is commenced within 25 days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the governing body.
Sec. 4. Chapter 278B of NRS is hereby amended by adding thereto a new section to read as follows:
No action or proceeding may be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any committee or other governing body authorized by this chapter unless the action or proceeding is commenced within 25 days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the committee or governing body.
Sec. 5. NRS 278.255 is hereby repealed.
________
Senate Bill No. 125Senator Raggio
CHAPTER 23
AN ACT relating to crimes; expanding the scope of the provisions prohibiting the unlawful use of computers; providing for injunctive relief to prevent the occurrence or continuance of any act or practice which violates those provisions; expanding the crime of forgery to include certain acts relating to the use of computers; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Access means to intercept, instruct, communicate with, store data in, retrieve from or otherwise make use of any resources of a computer, network or data.
Sec. 3. A person who knowingly, willfully and without authorization creates, alters or deletes any data contained in any computer, system or network which, if done on a written or printed document or instrument, would constitute forgery pursuant to NRS 205.090 or 205.095, is guilty of forgery and shall be punished as provided in NRS 205.090.
κ1991 Statutes of Nevada, Page 50 (CHAPTER 23, SB 125)κ
which, if done on a written or printed document or instrument, would constitute forgery pursuant to NRS 205.090 or 205.095, is guilty of forgery and shall be punished as provided in NRS 205.090.
Sec. 4. An employee is presumed to have the authority to access and use any computer, network, supporting documents, program or data owned or operated by his employer unless the presumption is overcome by clear and convincing evidence to the contrary.
Sec. 5. 1. If it appears that a person has engaged in or is about to engage in any act or practice which violates any of the provisions of NRS 205.473 to 205.477, inclusive, or sections 2, 3 and 4 of this act, the attorney general or the appropriate district attorney may file an action in any court of competent jurisdiction to prevent the occurrence or continuance of that act or practice.
2. An injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not preclude the criminal prosecution and punishment of a violator.
Sec. 6. NRS 205.473 is hereby amended to read as follows:
205.473 As used in NRS 205.473 to 205.477, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 205.4735 to 205.476, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 7. NRS 205.4765 is hereby amended to read as follows:
205.4765 1. Except as otherwise provided in subsection [4,] 5, a person who knowingly, willingly and without authorization:
(a) Modifies;
(b) Damages;
(c) Destroys;
[(c) Discloses;
(d) Uses;
(e) Takes;
(f) Copies; or
(g)] (d) Discloses;
(e) Uses;
(f) Transfers
(g) Conceals;
(h) Takes;
(i) Retains possession of;
(j) Copies;
(k) Obtains or attempts to obtain access to, permits access to or causes to be accessed; or
(l) Enters,
data, a program or any supporting documents which exist inside or outside a computer, system or network is guilty of a misdemeanor.
2. Except as otherwise provided in subsection [4,] 5, a person who knowingly, willingly and without authorization:
(a) Modifies;
(b) Destroys;
(c) Uses;
(d) Takes; [or]
κ1991 Statutes of Nevada, Page 51 (CHAPTER 23, SB 125)κ
(e) Damages [,] ;
(f) Transfers;
(g) Conceals;
(h) Copies;
(i) Retains possession of; or
(j) Obtains or attempts to obtain access to, permits access to or causes to be accessed,
equipment or supplies that are used or intended to be used in a computer, system or network is guilty of a misdemeanor.
3. Except as otherwise provided in subsection [4,] 5, a person who knowingly, willingly and without authorization:
(a) Destroys;
(b) Damages; [or]
(c) Takes [,] ;
(d) Alters;
(e) Transfers;
(f) Discloses;
(g) Conceals;
(h) Copies;
(i) Uses;
(j) Retains possession of; or
(k) Obtains or attempts to obtain access to, permits access to or causes to be accessed,
a computer, system or network is guilty of a misdemeanor.
4. Except as otherwise provided in subsection 5, a person who knowingly, willingly and without authorization:
(a) Obtains and discloses;
(b) Publishes;
(c) Transfers; or
(d) Uses,
a device used to access a computer, network or data is guilty of a misdemeanor.
5. If the violation of [subsection 1, 2 or 3:] any provision of this section:
(a) Was committed to devise or execute a scheme to defraud or illegally obtain property;
(b) Caused damage in excess of $500; or
(c) Caused an interruption or impairment of a public service, such as a governmental operation, system of public communication or transportation or supply of water, gas or electricity,
the person shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $100,000.
Sec. 8. NRS 205.477 is hereby amended to read as follows:
205.477 1. Except as otherwise provided in subsection 3, a person who knowingly, willfully and without authorization interferes with, denies or causes the denial of access to or the use of a computer, system or network to a person who has the duty and right to use it is guilty of a misdemeanor.
κ1991 Statutes of Nevada, Page 52 (CHAPTER 23, SB 125)κ
2. Except as otherwise provided in subsection 3, a person who knowingly, willingly and without authorization uses or causes the use of a computer, system or network to:
(a) Obtain personal information about another person; or
(b) Enter false information about another person to wrongfully damage or enhance that persons credit rating,
is guilty of a misdemeanor.
3. If the violation of subsection 1 or 2 was committed to devise or execute a scheme to defraud or illegally obtain property, the person shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $100,000.
________
Senate Bill No. 103Committee on Judiciary
CHAPTER 24
AN ACT relating to children; expanding the definition of a child who may be in need of protection; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.330 is hereby amended to read as follows:
432B.330 1. A child is in need of protection if:
(a) He has been abandoned by a person responsible for his welfare;
(b) He is suffering from congenital drug addiction or the fetal alcohol syndrome, because of the faults or habits of a person responsible for his welfare;
(c) He has been subjected to abuse or neglect by a person responsible for his welfare;
(d) He is in the care of a person responsible for his welfare and another child has died as a result of abuse or neglect by that person; or
(e) He has been placed for care or adoption in violation of law.
2. A child may be in need of protection if the person responsible for his welfare:
(a) Is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity; [or]
(b) Fails, although he is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child:
(1) Food, clothing or shelter necessary for the childs health or safety;
(2) Education as required by law; or
(3) Adequate medical care [.] ; or
κ1991 Statutes of Nevada, Page 53 (CHAPTER 24, SB 103)κ
(c) Has been responsible for the abuse or neglect of a child who has resided with that person.
________
Assembly Bill No. 150Committee on Government Affairs
CHAPTER 25
AN ACT relating to local financial administration; allowing a board of county commissioners to delegate its authority to approve certain claims for refunds; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.240 is hereby amended to read as follows:
354.240 1. If a board of county commissio ners determines by competent evidence that money has been paid into the treasury of the county under any of the circumstances mentioned in NRS 354.220, the board of county commissioners, by its unanimous resolution, may direct the county treasurer to refund to the applicant the amount of money paid into the county treasury in excess of the amount legally payable.
2. In the case of a claim for a refund of property tax, if the board has unanimously found that the applicant is entitled to a refund, it shall direct the county treasurer to refund to the applicant the amount claimed if the property tax roll is still open. The county may withhold amounts refunded from its subsequent apportionments of revenues from property tax to the other taxing units in the county which levied a tax represented in the combined tax rate.
3. If the county treasurer determines by competent evidence that money in the amount of $500 or less has been paid into the county treasury under any of the circumstances listed in NRS 354.220, he may, upon receiving the written approval of the district attorney, refund to the applicant the amount paid which is in excess of the amount legally payable.
4. In the case of a claim for a refund of property tax which has been authorized and approved in the manner provided in subsection 3, the county treasurer shall make a refund to the applicant in the amount claimed if the property tax roll is still open. The county may withhold amounts refunded from its subsequent apportionments of revenues from property tax to the other taxing units in the county which levied a tax represented in the combined tax rate.
5. A board of county commissioners may, in the case of a claim for a refund of a registration fee or deposit paid to the county department of parks and recreation, delegate the authority to approve all such claims of less than $100, to:
(a) The county manager or his designee;
(b) The county administr ator or his designee; or
κ1991 Statutes of Nevada, Page 54 (CHAPTER 25, AB 150)κ
(c) In a county that has neither a county manager nor a county administrator, any other county employee.
6. A county treas urer, upon receiving written approval of a claim pursuant to subsection 5, may refund to the applicant the amount of the refund due.
7. At the end of each month the county treasurer shall provide to the board of county commissio ners a list of all refunds made by him during that month. The list must contain the name of each taxpayer or other person to whom a refund was made and the amount of the refund. The county treasurer shall maintain a copy of the list and make it available for public inspection.
________
Senate Bill No. 102Committee on Judiciary
CHAPTER 26
AN ACT relating to children; expanding the definition of sexual abuse to include acts upon a child constituting open or gross lewdness; providing a penalty; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.100 is hereby amended to read as follows:
432B.100 Sexual abuse includes acts upon a child constituting:
1. Incest under NRS 201.180;
2. Lewdness with a child under NRS 201.230;
3. Annoyance or molestation of a child under NRS 207.260;
4. Sado-masochistic abuse under NRS 201.262;
5. Sexual assault under NRS 200.366; [and]
6. Statutory sexual seduction under NRS 200.368 [.] ; and
7. Open or gross lewdness under NRS 201.210.
________
κ1991 Statutes of Nevada, Page 55κ
Senate Bill No. 73Committee on Judiciary
CHAPTER 27
AN ACT relating to juveniles; expanding the authority of law enforcement officers to fingerprint a child 14 years of age or older under certain circumstances; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.350 is hereby amended to read as follows:
62.350 1. The fingerprints of a child 14 years of age or older who is [charged with] arrested for an act that would be a felony if committed by an adult may be taken and retained by law enforcement officers as provided in subsection 4.
2. If a child under 14 years of age is being investigated for an act that would be a felony if committed by an adult, he may be fingerprinted with a proper court order.
3. If latent fingerprints are found during the investigation of an offense and a law enforcement officer has reason to believe that they are those of a child in custody, he may fingerprint the child, regardless of his age or the nature of the offense, for the purpose of making an immediate comparison with the latent fingerprints. If the child is under 14 years of age and the comparison is:
(a) Negative, the fingerprint card and other copies of the fingerprints taken must be immediately destroyed.
(b) Positive, the fingerprint card and other copies of the fingerprints must be:
(1) Delivered to the court for disposition if the child is referred to court.
(2) Immediately destroyed if the child is not referred to court.
Fingerprints [shall] must not be submitted to the Federal Bureau of Investigation or Criminal Identification and Investigation Bureau of California unless the child is found to have committed an act of delinquency that would be a felony if committed by an adult.
4. If the fingerprints of a child 14 years of age or older are taken pursuant to subsection 1 or 3, they may be retained in a local file, including any local system for the automatic retrieval of fingerprints, or sent to a central state depository but they must be kept separate from those of adults, under special security measures limited to inspection for the purpose of comparison by law enforcement officers or by staff of the depository only in the investigation of a crime.
5. A child in custody shall not be photographed for the purpose of criminal identification without the consent of the judge unless the case is certified for criminal prosecution.
6. Any person who willfully violates any provision of this section is guilty of a misdemeanor.
κ1991 Statutes of Nevada, Page 56 (CHAPTER 27, SB 73)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 67Committee on Judiciary
CHAPTER 28
AN ACT relating to residential confinement; allowing the use of still visual images to supervise a person sentenced or ordered to a term of residential confinement; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.3762 is hereby amended to read as follows:
4.3762 1. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the defendant and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:
(a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.
3. An electronic device approved by the department of parole and probation may be used to supervise a convicted person sentenced to a term of residential confinement . [if it is] The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the persons presence at his residence [and is minimally intrusive.] , including, but not limited to, the transmission of still visual images which do not concern the persons activities while inside his residence. A device which is capable of recording or transmitting:
(a) [Visual images;
(b)] Oral or wire communications or any auditory sound; or
[(c)] (b) Information concerning the persons activities while inside his residence,
must not be used.
4. The justice of the peace shall not sentence a convicted person to a term of residential confinement unless he agrees to the sentence.
5. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
κ1991 Statutes of Nevada, Page 57 (CHAPTER 28, SB 67)κ
Sec. 2. NRS 5.076 is hereby amended to read as follows:
5.076 1. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the defendant and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the municipal judge shall:
(a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.
3. An electronic device approved by the department of parole and probation may be used to supervise a convicted person sentenced to a term of residential confinement . [if it is] The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the persons presence at his residence [and is minimally intrusive.] , including, but not limited to, the transmission of still visual images which do not concern the persons activities while inside his residence. A device which is capable of recording or transmitting:
(a) [Visual images;
(b)] Oral or wire communications or any auditory sound; or
[(c)] (b) Information concerning the persons activities while inside his residence,
must not be used.
4. The municipal judge shall not sentence a convicted person to a term of residential confinement unless he agrees to the sentence.
5. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
Sec. 3. NRS 176.2231 is hereby amended to read as follows:
176.2231 1. If a person who has been placed on probation violates a condition of his probation, the court may order him to a term of residential confinement in lieu of causing the sentence imposed to be executed. In making this determination, the court shall consider the criminal record of the person and the seriousness of the crime committed.
2. In ordering the person to a term of residential confinement, the court shall:
(a) Direct that he be placed under the supervision of the department of parole and probation;
(b) Require the person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the department of parole and probation; and
(c) Require intensive supervision of the person, including unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.
κ1991 Statutes of Nevada, Page 58 (CHAPTER 28, SB 67)κ
3. An electronic device approved by the department of parole and probation may be used to supervise a person ordered to a term of residential confinement . [if it is] The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the persons presence at his residence [and is minimally intrusive.] , including, but not limited to the transmission of still visual images which do not concern the persons activities while inside his residence. A device which is capable of recording or transmitting:
(a) [Visual images;
(b)] Oral or wire communications or any auditory sound; or
[(c)] (b) Information concerning the persons activities while inside his residence,
must not be used.
4. The court shall not order a person to a term of residential confinement unless he agrees to the order.
5. A term of residential confinement may not be longer than the sentence imposed by the court.
Sec. 4. NRS 213.152 is hereby amended to read as follows:
213.152 1. If a parolee violates a condition of his parole, the board may order him to a term of residential confinement in lieu of suspending his parole and returning him to confinement. In making this determination, the board shall consider the criminal record of the parolee and the seriousness of the crime committed.
2. In ordering the parolee to a term of residential confinement, the board shall:
(a) Require the parolee to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the department; and
(b) Require intensive supervision of the parolee, including unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.
3. An electronic device approved by the department of parole and probation may be used to supervise a parolee ordered to a term of residential confinement . [if it is] The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the parolees presence at his residence [and is minimally intrusive.] , including, but not limited to, the transmission of still visual images which do not concern the persons activities while inside his residence. A device which is capable of recording or transmitting:
(a) [Visual images;
(b)] Oral or wire communications or any auditory sound; or
[(c)] (b) Information concerning the parolees activities while inside his residence,
must not be used.
4. The board shall not order a parolee to a term of residential confinement unless he agrees to the order.
κ1991 Statutes of Nevada, Page 59 (CHAPTER 28, SB 67)κ
5. A term of residential confinement may not be longer than the unexpired term of the parolees original sentence.
________
Senate Bill No. 16Committee on Commerce and Labor
CHAPTER 29
AN ACT relating to industrial insurance; eliminating an obsolete provision regarding the administration of the budget of the state industrial claimants attorney; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.2533 is hereby amended to read as follows:
616.2533 1. The state industrial claimants attorney shall establish an office in Carson City or Reno, Nevada, and an office in Las Vegas, Nevada.
2. The state industrial claimants attorney shall prepare and submit a budget for the maintenance and operation of his office in the same manner as other state agencies. [The budget division of the department of administration shall administer the budget of the state industrial claimants attorney.]
Sec. 2. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 225Assemblymen Bergevin and Garner
CHAPTER 30
AN ACT relating to public utilities; requiring a public utility upon the request of certain peace officers to assist in tracing a person who uses the 911 emergency telephone number or other emergency telephone service; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 707.340 is hereby amended to read as follows:
707.340 1. Every public utility furnishing telephone service in this state shall provide any lawful assistance requested by a sheriff or his deputy, or chief of police or policeman, in tracing a person who uses [obscene] :
(a) The 911 emergency telephone number or other emergency telephone service.
(b) Obscene language, representations or suggestions in addressing a person by telephone, or addresses to the person any threat to inflict injury to the person or property of the person addressed, when the request is made in writing to the public utility.
κ1991 Statutes of Nevada, Page 60 (CHAPTER 30, AB 225)κ
person or property of the person addressed, when the request is made in writing to the public utility.
2. Good faith reliance by the public utility on such a request constitutes a complete defense to any civil or criminal suit against the public utility on account of assistance rendered by the utility in responding to the request.
3. The provisions of subsection 1 do not permit wiretapping, which may be engaged in only pursuant to the provisions of NRS 179.410 to 179.515, inclusive, and 704.195.
________
Assembly Bill No. 199Assemblyman Spriggs
CHAPTER 31
AN ACT relating to counties; requiring the appointment of an additional member of the county fair and recreation board in certain counties; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.599 is hereby amended to read as follows:
244A.599 1. Whenever the board of county commissioners of any county or the board of supervisors of Carson City desires the powers granted in NRS 244A.597 to 244A.667, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of those powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244A.597 to 244A.667, inclusive. After approval of the resolution, the county or city clerk shall:
(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county or city; and
(b) In the case of a county, cause a certified copy of the resolution to be mailed by registered or certified mail to the mayor or other chief executive officer of each incorporated city within the county.
2. In counties [having a population of] whose population is 100,000 or more, the county fair and recreation board [shall] must be selected as provided in NRS 244A.601 or 244A.603. In counties [having a population of] whose population is 11,000 or more and less than 100,000, and in which there is more than one incorporated city, each incorporated city, except an incorporated city which is the county seat, [shall] must be represented by one member and any incorporated city which is the county seat [shall] must be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered or certified mail to the county clerk.
κ1991 Statutes of Nevada, Page 61 (CHAPTER 31, AB 199)κ
shall promptly certify the appointment by registered or certified mail to the county clerk.
3. In all other counties [having a population of] whose population is less than 100,000, any incorporated city which is the county seat [shall] must be represented by one member, who [shall] must be appointed and certified as provided in subsection 2, and the board of county commissioners shall appoint three representatives as follows:
(a) One member to represent the motel operators in the county.
(b) One member to represent the hotel operators in the county.
(c) One member to represent the other commercial interests in the county.
4. In all counties [having a population of] whose population is less than 100,000, one member of the board of county commissioners [shall] must be appointed by the county commissioners to serve on the board for the remainder of his term of office.
5. In all counties whose population is less than 100,000, and in which there is no incorporated city, the board of county commissioners shall appoint one member to represent the county at large.
6. In Carson City the board of supervisors shall appoint five representatives to the fair and recreation board established as provided in subsection 1 as follows:
(a) Two members to represent the hotel and motel operators in the city.
(b) One member to represent the other commercial interests in the city.
(c) One member who is a member of the board of supervisors.
(d) One member to represent the city at large.
[6.] 7. Members who are not elected officials shall serve for 2-year terms.
[7.] 8. The terms of all elected officials are coterminous with their terms of office. Any such member may succeed himself.
________
Assembly Bill No. 176Committee on Government Affairs
CHAPTER 32
AN ACT relating to water; authorizing the state engineer to require certain information from applicants submitting multiple applications for diversions of water for a single project; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.375 is hereby amended to read as follows:
533.375 Before either approving or rejecting the application, the state engineer may require such additional information as will enable him to guard the public interest properly, and may, in the case of an application proposing to divert more than 10 cubic feet per second of water, or in the case of multiple applications whose cumulative diversions for a single project total more than 10 cubic feet per second of water, require a statement of the following facts:
κ1991 Statutes of Nevada, Page 62 (CHAPTER 32, AB 176)κ
more than 10 cubic feet per second of water, require a statement of the following facts:
1. In the case of an incorporated company he may require the submission of the articles of incorporation, and the names and places of residence of directors and officers, and the amount of its authorized and of its paid-up capital.
2. If the applicant is not an incorporated company, he may require a statement as to the name [or names] of the person [or persons] proposing to construct the work, and a showing of facts necessary to enable him to determine whether [or not they have] he has the financial ability to carry out the proposed work, and whether [or not] the application has been made in good faith.
Sec. 2. The amendatory provisions of this act apply to any application which is not approved or rejected before the effective date of the act.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 163Committee on Government Affairs
CHAPTER 33
AN ACT relating to the state engineer; increasing the fees for the appointment and licensing of state water right surveyors and well drillers; expanding the permissible use of certain fees; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.080 is hereby amended to read as follows:
533.080 1. All maps, surveys and measurements of water required [under the provisions of] pursuant to this chapter must be made by a state water right surveyor. No survey, map or measurement of flow of water may be approved by the state engineer unless the survey is made by a state water right surveyor.
2. Any registered professional engineer or land surveyor, qualified and registered in [the State of Nevada,] this state, who has a practical knowledge of surveying or engineering and who is familiar with land surveying and mapping and the measurement of water, and who is of good moral standing, [shall] must be considered for appointment as a state water right surveyor upon application to the state engineer. The application must be in the form prescribed by the state engineer and accompanied by a fee of [$25.] $50.
3. The state engineer may require any applicant for appointment to the position of state water right surveyor to pass such reasonable examination as to his qualifications as [may be] is provided by the state engineer.
4. Whenever the state engineer approves the qualifications of an applicant, he shall issue a certificate to the applicant designating him as a state water right surveyor.
κ1991 Statutes of Nevada, Page 63 (CHAPTER 33, AB 163)κ
5. Every water right surveyors certificate expires on June 30 of each year unless renewed by application in the form prescribed by the state engineer. A fee of [$10] $20 must be paid each year for renewal. All application and renewal fees must be accounted for in the state engineers water license fund which is hereby created as a special revenue fund and must be used to pay costs pertaining to the certificate and renewal and other costs associated with [it.] carrying out the provisions of this section.
6. An appointment may be revoked by the state engineer at any time for good cause shown.
7. The state engineer may provide such additional regulations governing the qualifications and official acts of state water right surveyors as [may be] are reasonable and not inconsistent with this chapter.
8. The State of Nevada is not liable for the compensation of any state water right surveyor, but he is entitled to be paid by the person employing him.
9. Officers and employees of the United State s Government are entitled to apply for the position of state water right surveyor and are exempt from the qualification of registration as a professional engineer or land surveyor required in subsection 2. Any certificate issued to those officers and employees must include a restriction limiting those officers and employees to work for the United States Government.
Sec. 2. NRS 534.140 is hereby amended to read as follows:
534.140 1. Every well driller, before engaging in the physical drilling of a well in [the State of Nevada] this state for development of water, [shall] must annually apply to the state engineer for a license to drill.
2. The applications for those licenses and all licenses issued for the drilling of wells must be in the form prescribed by the state engineer.
3. All well-drilling licenses expire on June 30 following their issuance and are not transferable.
4. A fee of [$50] $100 must accompany each application for a license and a fee of [$25] $50 must be paid each year for renewal of the license.
5. Those license fees must be accounted for in the state engineers water license fund and used to pay costs pertaining to licensing, the adoption and enforcement of regulations for well drilling and the compensation of the members of the well drillers advisory board and their expenses.
6. The state engineer shall prepare and keep on file in his office regulations for well drilling.
7. Before engaging in the physical drilling of a well in this state for the development of water, every well driller who is the owner of a well-drilling rig, or who has a well-drilling rig under lease or rental, or who has a contract to purchase a well-drilling rig, must obtain a license as a well driller from the state contractors board.
Sec. 3. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 64κ
Assembly Bill No. 161Committee on Government Affairs
CHAPTER 34
AN ACT relating to veteran affairs; eliminating the obsolete statutory reference to United Spanish War Veterans; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 417.030 is hereby amended to read as follows:
417.030 1. The commissioner and deputy commissioner shall be appointed by the governor from a list of names selected by a committee composed of the department commanders, or other similar officers, of the [United Spanish War Veterans,] Veterans of Foreign Wars, American Legion, Disabled American Veterans of the World War, and of any other nationally recognized service organization wherein membership is based upon service in the military and naval forces of the United States during time of war.
2. If the governor does not approve of the appointment of any of the persons recommended, he may request other and additional recommendations.
3. Any person to be eligible for appointment as the commissioner or the deputy commissioner [shall] must be an actual and bona fide resident of the State of Nevada [, and shall] and possess an honorable discharge from some branch of the military and naval service of the United States.
________
Senate Bill No. 97Committee on Judiciary
CHAPTER 35
AN ACT relating to corrections; repealing the Western Interstate Corrections Compact; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 215.010, 215.020, 215.030, 215.040, 215.050 and 215.060 are hereby repealed.
Sec. 2. The director of the department of prisons shall, on or before September 1, 1991, send the formal written notice of withdrawal required by article VIII of the Western Interstate Corrections Compact to the appropriate officials of all other party states.
________
κ1991 Statutes of Nevada, Page 65κ
Assembly Bill No. 79Committee on Natural Resources, Agriculture and Mining
CHAPTER 36
AN ACT relating to mine inspection; expanding the scope of the positions the administrator of the division of mine inspection may fill; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 512.020 is hereby amended to read as follows:
512.020 1. The administrator [or his authorized representatives, or deputy or assistant administrators shall not] or any person employed by him pursuant to the provisions of this chapter must not, at the time of [their] his appointment or employment, or at any time during [the] his term of [their] office or employment:
(a) Be an officer, director or employee, or have any personal or private interest in any operating mine, mill, smelter or ore reduction plant or the products thereof;
(b) Hold, directly or indirectly, any financial interest in any company, partnership, organization or corporation or subsidiary of a corporation, which owns, operates or has a financial interest in any mines which are subject to the provisions of this chapter; or
(c) Be an officer or employee of any labor organization.
2. The administrator must have had at least 7 [years] years of technical, operational or management experience in at least two of the following areas : [mines, mills, beneficiation plants or smelters,]
(a) Mines;
(b) Mills;
(c) Beneficiation plants; or
(d) Smelters,
at least 3 years of which must be in underground mining.
Sec. 2. NRS 512.110 is hereby amended to read as follows:
512.110 1. The administrator may employ deputy [and assistant] administrators to assist in the performance of his duties. All deputy [and assistant] administrators so employed may perform all duties required of the administrator.
2. Deputy [or assistant] administrators, at the time of their employment, must:
(a) Have at least 7 [years] years of experience in mines, mills, beneficiation plants or smelters;
(b) Be physically fit to inspect all working places in mines; and
(c) Take initial and annual physical examinations to verify their physical fitness to perform the tasks of mine inspections or investigations.
κ1991 Statutes of Nevada, Page 66 (CHAPTER 36, AB 79)κ
Sec. 3. NRS 512.120 is hereby amended to read as follows:
512.120 The administrator may:
1. Employ necessary [clerks.] clerks, technicians, specialists, engineers or consultants.
2. Authorize representatives to perform all duties required of him.
Sec. 4. NRS 512.220 is hereby amended to read as follows:
512.220 1. Whenever a serious accident occurs in any mine in this state subject to the provisions of this chapter, the operator shall, immediately and by the quickest means, notify the administrator or his deputy , [or assistant,] as may be most convenient, of the accident, and shall take appropriate measures to preserve [anything and] everything which might assist the administrator in determining the cause or causes of the accident. Except as necessary to alleviate or eliminate any situation constituting an imminent danger or an unwarranted danger to property, [no person may] a person shall not alter any condition which might assist the administrator in determining the cause or causes of the accident.
2. The administrator may investigate fully the cause of the accident as soon as practicable after receipt of notification.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 105Committee on Government Affairs
CHAPTER 37
AN ACT relating to consumers advocate; revising the provision limiting his authority concerning certain tariffs requested by telephone utilities; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 228.380 is hereby amended to read as follows:
228.380 The powers of the consumers advocate do not extend to matters directly relating to [the consideration of tariffs requested by a telephone utility for products or equipment which the utility certifies under oath are subject to competition.] discretionary or competitive telecommunication services.
________
κ1991 Statutes of Nevada, Page 67κ
Assembly Bill No. 107Committee on Government Affairs
CHAPTER 38
AN ACT relating to notaries public; requiring a notary public to verify identity and certain other matters in connection with the performance of notarial acts; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 240 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In taking an acknowledgement, a notary public shall determine, from personal knowledge or from other satisfactory evidence, that the person making the acknowledgement is the person whose signature is on the instrument.
2. In taking a verification upon oath or affirmation, a notary public shall determine, from personal knowledge or from other satisfactory evidence, that the person making the verification is the person whose signature is on the verified statement.
3. In witnessing or attesting a signature, a notary public shall determine, from personal knowledge or from other satisfactory evidence, that the signature is that of the person appearing before him.
4. In certifying or attesting a copy of a document or other item, a notary public shall determine that the proffered copy is a complete, accurate and authentic transcription or reproduction of that which was copied.
5. In making or noting a protest of a negotiable instrument, a notary public shall verify compliance with the provisions of subsection 2 of NRS 104.3509.
6. A notary public has satisfactory evidence that a person is the person whose signature is on a document if that person:
(a) Is personally known to the notary public;
(b) Is identified upon the oath or affirmation of a credible witness personally known to the notary public; or
(c) Is identified on the basis of an identification document.
________
κ1991 Statutes of Nevada, Page 68κ
Assembly Bill No. 111Committee on Government Affairs
CHAPTER 39
AN ACT relating to county recorders; authorizing production of a certified abstract of a recorded certificate of marriage in lieu of a certified photocopy; authorizing collection of a related fee; and providing other matters properly relating thereto.
[Approved March 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 247 of NRS is hereby amended by adding thereto a new section to read as follows:
In lieu of producing a certified copy of a certificate of marriage, the county recorder may produce an abstract of the recorded certificate of marriage and certify the abstract in his official name and title, and under his official seal.
Sec. 2. NRS 247.210 is hereby amended to read as follows:
247.210 A copy or abstract of any instrument once recorded or filed in any recording office of any state, certified by the county recorder or other appropriate officer in whose office the instrument is recorded or filed, may be recorded or filed in any county of this state, and when so recorded or filed the record thereof, or the filed instrument, has the same force and effect as though it were of the original instrument.
Sec. 3. NRS 247.305 is hereby amended to read as follows:
247.305 1. Where another statute specifies fees to be charged for services, county recorders shall charge and collect only the fees specified. Otherwise county recorders shall charge and collect the following fees:
For recording any document, for the first page............................................. $5.00
For each additional page............................................................ 1.00
For recording each portion of a document which must be separately indexed, after the first indexing.............................................................................................. 2.00
For copying any record, for each page.............................................................. 1.00
For certifying, including certificate and seal, for the first seal....................... 2.00
For each additional seal................................................................ .50
For a certified copy of a certificate of marriage.............................................. 5.00
For a certified abstract of a certificate of marriage...................................... 5.00
2. Except as otherwise provided in subsection 3, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:
(a) The county in which his office is located.
(b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:
(1) Conveys to the state, or to that city or town, an interest in land;
(2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary; or
(3) Imposes a lien in favor of the state or that city or town.
κ1991 Statutes of Nevada, Page 69 (CHAPTER 39, AB 111)κ
3. A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder must charge the regular fee.
4. For purposes of this section, State of Nevada, county, city and town include any department or agency thereof and any officer thereof in his official capacity.
5. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
Sec. 4. NRS 122.030 is hereby amended to read as follows:
122.030 1. With respect to any marriage solemnized [prior to] before January 1, 1971, the original certificate and records of marriage made by the judge, justice or minister, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy or abstract of [such record duly] the record certified by the recorder, [shall] must be received in all courts and places as presumptive evidence of the fact of the marriage.
2. With respect to any marriage solemnized on or after January 1, 1971, the original certificate and records of marriage made by the judge, justice, minister, commissioner of civil marriages or deputy commissioner of civil marriages, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy or abstract of [such record duly] the record certified by the recorder, [shall] must be received in all courts and places as presumptive evidence of the fact of the marriage.
Sec. 5. NRS 122.055 is hereby amended to read as follows:
122.055 1. The county clerk of each county may place the affidavit of application for a marriage license, the certificate of marriage and the marriage license on a single form.
2. The county clerk shall have printed or stamped on the reverse of the form instructions for obtaining a certified copy or certified abstract of the certificate of marriage from the county recorder.
Sec. 6. NRS 440.175 is hereby amended to read as follows:
440.175 1. Upon request, the state registrar may furnish statistical data to any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the board.
2. No person may prepare or issue any document which purports to be an original, certified copy , certified abstract or official copy of:
(a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the board.
(b) A certificate of marriage, except a county recor der or a person so required pursuant to NRS 122.120.
(c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.
3. A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall remit to the state registrar $2 for each registration of a birth or death in its district.
κ1991 Statutes of Nevada, Page 70 (CHAPTER 39, AB 111)κ
Sec. 7. NRS 440.320 is hereby amended to read as follows:
440.320 1. In case of the legitimation of any child by subsequent marriage of its parents, the state registrar, upon receipt of a certified copy of the marriage certificate or a certified abstract of the recorded certificate of marriage of the parents, together with a statement of the husband acknowledging paternity, shall prepare a new certificate of birth in the new name of the child so legitimated.
2. The new certificate shall not include any notation concerning the original certificate of birth of [such] the child.
3. The evidence upon which the new certificate was made and the original certificate [shall] must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.
Sec. 8. NRS 440.773 is hereby amended to read as follows:
440.773 Any person who sells or offers to sell for a profit a copy of a certificate of marriage or an abstract of a recorded certificate of marriage issued by a county recorder is guilty of a misdemeanor. Each sale or offer to sell such a certificate constitutes a separate violation of this section. This section does not apply to fees charged by a county recorder.
________
Senate Bill No. 77Committee on Judiciary
CHAPTER 40
AN ACT relating to procedure in criminal cases; requiring that delay in the prosecution of a criminal offense be calculated from the date of arraignment; and providing other matters properly relating thereto.
[Approved March 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.556 is hereby amended to read as follows:
178.556 1. If no indictment is found or information filed against a person within 15 days after he has been held to answer for a public offense which must be prosecuted by indictment or information, the court may dismiss the complaint. If a defendant whose trial has not been postponed upon his application is not brought to trial within 60 days after the [finding of] arraignment on the indictment or [filing of the] information, the district court may dismiss the indictment or information.
2. If a defendant whose trial has not been postponed upon his application is not brought to trial within 60 days after the [filing of] arraignment on the complaint for an offense triable in a justices or municipal court, the court may dismiss the complaint.
________
κ1991 Statutes of Nevada, Page 71κ
Senate Bill No. 90Committee on Judiciary
CHAPTER 41
AN ACT relating to habitual criminals; precluding the suspension of the sentences of, or the granting of probation to, such persons; and providing other matters properly relating thereto.
[Approved March 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.185 is hereby amended to read as follows:
176.185 1. Whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, [or] an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the defendant is found to be a habitual criminal pursuant to NRS 207.010, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.
2. The district judge shall not, except as provided herein, grant probation to a person convicted of a felony until the judge receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, but if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
3. In issuing the order granting probation, the court may fix the terms and conditions thereof, including a requirement for restitution or an order that the probationer dispose of all the weapons he possesses.
4. The court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve it.
5. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the chief parole and probation officer.
6. The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.245, inclusive, direct the clerk of the court to certify a copy of the records in the case and deliver the copy to the chief parole and probation officer.
________
κ1991 Statutes of Nevada, Page 72κ
Senate Bill No. 93Committee on Judiciary
CHAPTER 42
AN ACT relating to crimes; clarifying and expanding the prohibition against possession of a firearm by a convicted felon; and providing other matters properly relating thereto.
[Approved March 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.360 is hereby amended to read as follows:
202.360 1. A person who has been convicted of a felony in [the State of Nevada, or in any one of the states of the United States of America,] this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless he has received a pardon and his right to bear arms [was] has been specifically restored, shall not own or have in his possession or under his custody or control any firearm.
2. As used in this section, firearm includes any firearm that is loaded or unloaded and operable or inoperable.
3. Any person who violates the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
Sec. 2. NRS 209.511 is hereby amended to read as follows:
209.511 1. When an offender is released from prison by expiration of his term of sentence, by pardon or by parole, the director:
(a) May furnish him with a sum of money not to exceed $100, the amount to be based upon the offenders economic need as determined by the director.
(b) Shall give him notice of the provisions of NRS 202.360 [, forbidding ex-felons to possess or have custody of concealable weapons and the provisions of] and NRS 207.080 to 207.150, inclusive . [, relating to the registration and fingerprinting of convicted persons.]
(c) Shall require him to sign an acknowledgement of the notice required in paragraph (b).
(d) May provide him with clothing suitable for reentering society.
(e) May provide him with the cost of transportation to his place of residence anywhere within the continental United State s, or to the place of his conviction.
(f) Shall require him to submit to a test for exposure to the human immunodeficiency virus.
2. The costs authorized in paragraphs (a), (d), (e) and (f) of subsection 1 must be paid out of the appropriate account within the state general fund for the use of the department as other claims against the state are paid.
________
κ1991 Statutes of Nevada, Page 73κ
Assembly Bill No. 210Committee on Natural Resources, Agriculture and Mining
CHAPTER 43
AN ACT relating to wildlife; clarifying the provisions which require the department of wildlife to issue nonresident deer tags for certain hunting seasons; revising the method of application for such tags; and providing other matters properly relating thereto.
[Approved March 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 476, Statutes of Nevada 1989, at page 1014, is hereby amended to read as follows:
Sec. 2. 1. For the 1990, 1991, 1992 and 1993 hunting seasons, the department shall make available restricted nonresident deer tags in an amount not to exceed the amount set forth in this section. If the number of persons who apply for restricted nonresident deer tags is greater than the number of tags to be issued, the department shall conduct a drawing to determine the persons to whom to issue the tags.
2. The number of restricted nonresident deer tags must:
(a) Be subtracted from the quota of rifle deer tags for nonresidents; and
(b) Not exceed 15 percent of the deer tags issued to nonresidents during the previous year or 250 tags, whichever is less.
3. The number of restricted nonresident deer tags issued for any management area or unit must not exceed 25 percent of the rifle deer tags issued to nonresidents during the previous year for that management area [.] or unit.
4. Any restricted nonresident deer tags which are not issued must be returned to the quota of rifle deer tags for nonresidents.
5. The department shall mail the tags to the successful applicants.
Sec. 2. Section 3 of chapter 476, Statutes of Nevada 1989, at page 1015, is hereby amended to read as follows:
Sec. 3. 1. Except as otherwise provided in this subsection, any person who wishes to apply for a restricted nonresident deer tag pursuant to this act must complete an application on a form prescribed and furnished by the department. A licensed master guide may complete the application for an applicant. The application must be signed by the applicant and the master guide who will be responsible for conducting the restricted nonresident deer hunt.
2. The application must be accompanied by a fee for the tag of $250, plus any other fees which the department may require . [,and mailed to the department. The application must be postmarked on or before 5 p.m. of the latest date for acceptance of applications. The department shall, for the 7 days following that date, accept from the United States Postal Service any application which bears a postmark on or before that date. Any application received after the seventh day must, regardless of its date of postmark, be returned to the applicant with his fee for the tag.]
κ1991 Statutes of Nevada, Page 74 (CHAPTER 43, AB 210)κ
The board of wildlife commissioners shall establish the time limits and acceptable methods for submitting such applications to the department.
3. Any application for a restricted nonresident deer tag which contains an error or omission must be rejected and returned to the applicant with his fee for the tag.
4. A person who is issued a restricted nonresident deer tag is not eligible to apply for any other deer tag issued in this state [during the 1990, 1991, 1992 and 1993 hunting seasons.] for the same hunting season as that restricted nonresident deer hunt.
5. All fees collected pursuant to this section must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 227Assemblymen Gibbons, Porter, Bergevin, Haller, Spitler, Callister, Myrna Williams, Giunchigliani, Goetting, Evans, Wendell Williams, McGaughey, Marvel, Wong, Bennett, Sader, Freeman, Lambert, Bache, Pettyjohn, Anderson, Scherer, Bayley, McGinness, Humke, Dini, Norton, Petrak, Price, Arberry, Carpenter, Little, Garner, Heller, Krenzer, Gregory, Spriggs, Hardy, Kerns, Stout and Elliott
CHAPTER 44
AN ACT relating to criminal procedure; revising the procedure governing post-conviction petitions for habeas corpus; repealing the alternative statutory procedure for obtaining post-conviction relief; making such changes effective only upon approval of a constitutional amendment concerning writs of habeas corpus; and providing other matters properly relating thereto.
[Approved March 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 34 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. An applicant who, after conviction or while no criminal action is pending against him, has petitioned the district court for a writ of habeas corpus and whose application for the writ is denied, may appeal to the supreme court from the order and judgment of the district court, but the appeal must be made within 30 days after service by the court of written notice of entry of the order or judgment.
2. The State of Nevada is an interested party in proceedings for a writ of habeas corpus. If the district court grants the writ and orders the discharge or a change in custody of the petitioner, the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the attorney general on behalf of the state, may appeal to the supreme court from the order of the district judge within 30 days after the service by the court of written notice of entry of the order.
κ1991 Statutes of Nevada, Page 75 (CHAPTER 44, AB 227)κ
court from the order of the district judge within 30 days after the service by the court of written notice of entry of the order.
3. Whenever an appeal is taken from an order of the district court discharging a petitioner or committing him to the custody of another person after granting a pretrial petition for habeas corpus based on alleged want of probable cause, or otherwise challenging the courts right or jurisdiction to proceed to trial of a criminal charge, the clerk of the district court shall forthwith certify and transmit to the supreme court, as the record on appeal, the original papers on which the petition was heard in the district court and, if the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in a civil matter. When the appeal is docketed in the supreme court, it stands submitted without further briefs or oral argument unless the supreme court otherwise orders.
Sec. 3. As used in NRS 34.720 to 34.830, inclusive, and sections 3 to 7, inclusive, of this act, unless the context otherwise requires, petition means a post-conviction petition for habeas corpus filed pursuant to section 4 of this act.
Sec. 4. 1. Any person convicted of a crime and under sentence of death or imprisonment who claims that the conviction was obtained, or that the sentence was imposed, in violation of the Constitution of the United States or the constitution or laws of this state, or who claims that the time he has served pursuant to the judgment of conviction has been improperly computed, may, without paying a filing fee, file a post-conviction petition for a writ of habeas corpus to obtain relief from the conviction or sentence or to challenge the computation of time that he has served.
2. Such a petition:
(a) Is not a substitute for and does not affect any remedies which are incident to the proceedings in the trial court or the remedy of direct review of the sentence or conviction.
(b) Comprehends and takes the place of all other common law, statutory or other remedies which have been available for challenging the validity of the conviction or sentence, and must be used exclusively in place of them.
(c) Is the only remedy available to an incarcerated person to challenge the computation of time that he has served pursuant to a judgment of conviction.
Sec. 5. 1. Unless there is good cause shown for delay, a petition that challenges the validity of a judgment or sentence must be filed within 1 year after entry of the judgment of conviction or, if an appeal has been taken from the judgment, within 1 year after the supreme court issues its remittitur. For the purposes of this subsection, good cause for delay exists if the petitioner demonstrates to the satisfaction of the court:
(a) That the delay is not the fault of the petitioner; and
(b) That dismissal of the petition as untimely will unduly prejudice the petitioner.
2. The execution of a sentence must not be stayed for the period provided in subsection 1 solely because a petition may be filed within that period. A stay of sentence must not be granted unless:
(a) A petition is actually filed; and
κ1991 Statutes of Nevada, Page 76 (CHAPTER 44, AB 227)κ
(b) The petitioner establishes a compelling basis for the stay.
Sec. 6. 1. A petition that challenges the validity of a conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred. Any other petition must be filed with the clerk of the district court for the county in which the petitioner is incarcerated.
2. A petition that is not filed in the district court for the appropriate county:
(a) Shall be deemed to be filed on the date it is received by the clerk of the district court in which the petition is initially lodged; and
(b) Must be transferred by the clerk of that court to the clerk of the district court for the appropriate county.
3. A petition must not challenge both the validity of a judgment of conviction and the computation of time that the petitioner has served pursuant to that judgment unless the conviction occurred in the judicial district in which the petitioner is incarcerated. If a petition improperly challenges both the validity of a judgment of conviction and the computation of time that the petitioner has served pursuant to that judgment, the district court for the appropriate county shall resolve that portion of the petition that challenges the validity of the judgment of conviction and dismiss the remainder of the petition without prejudice.
Sec. 7. 1. If a petition challenges the validity of a judgment of conviction or sentence and is the first petition filed by the petitioner, the judge or justice shall order the respondent to:
(a) File:
(1) A response or an answer to the petition; and
(2) A return,
within 45 days or a longer period fixed by the judge or justice; or
(b) Take such other action as the judge or justice deems appropriate.
2. An order entered pursuant to subsection 1 must be in substantially the following form, with appropriate modifications if the order is entered by a justice of the supreme court:
Case No. ............................................
Dept. No. ............................................
IN THE .................... JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR THE COUNTY OF ....................
...............................................................
Petitioner,
v. ORDER
...............................................................
Respondent.
Petitioner filed a petition for a writ of habeas corpus on .............., 19.... The court has reviewed the petition and has determined that a response would assist the court in determining whether petitioner is illegally imprisoned and restrained of his liberty. Respondent shall, within 45 days after the date of this order, answer or otherwise respond to the petition and file a return in accordance with the provisions of NRS 34.360 to 34.830, inclusive, and sections 2 to 7, inclusive, of this act.
κ1991 Statutes of Nevada, Page 77 (CHAPTER 44, AB 227)κ
this order, answer or otherwise respond to the petition and file a return in accordance with the provisions of NRS 34.360 to 34.830, inclusive, and sections 2 to 7, inclusive, of this act.
Dated ..............., 19....
...............................................................
District Judge
A copy of the order must be served on the petitioner or his counsel, the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.
3. If the petition is a second or successive petition challenging the validity of a judgment of conviction or sentence, and if it plainly appears from the face of the petition or an amended petition and any documents and exhibits annexed to it, or from any of the records of the court, that the petitioner is not entitled to relief, the judge or justice shall enter an order for its summary dismissal and cause the petitioner to be notified of the entry of the order.
4. If the judge or justice relies on the records of the court in entering an order pursuant to this section, those records must be made a part of the record of the proceeding before entry of the order.
Sec. 8. NRS 34.390 is hereby amended to read as follows:
34.390 1. Any judge empowered to grant a writ of habeas corpus applied for [under] pursuant to this chapter, if it [appear] appears that the writ ought to issue, shall grant the writ without delay, except as otherwise provided in NRS 34.720 to 34.830, inclusive [.] , and sections 3 to 7, inclusive, of this act.
2. A writ of habeas corpus does not entitle a petitioner to be discharged from the custody or restraint under which he is held. The writ requires only the production of the petitioner to determine the legality of his custody or restraint.
Sec. 9. NRS 34.430 is hereby amended to read as follows:
34.430 1. Within the period specified in an order by the district court or supreme court pursuant to [NRS 34.740,] section 7 of this act, the respondent shall serve upon the petitioner and file with the court a return and an answer which must respond to the allegations of the petition.
2. The return must state plainly and unequivocally whether the respondent has or has not the party in custody, or under his power or restraint. If the respondent has the petitioner in his custody or power, or under his restraint, he shall state the authority and cause of [such] the imprisonment or restraint, setting forth with specificity the basis for custody.
3. If the petitioner is detained by virtue of any judgment, writ, warrant or any other written authority, a certified or exemplified copy must be annexed to the return.
4. If the respondent has the petitioner in his power or custody or under his restraint before or after the date of the writ of habeas corpus, but has transferred custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority the transfer took place.
κ1991 Statutes of Nevada, Page 78 (CHAPTER 44, AB 227)κ
5. The return must be signed by the respondent and, unless the respondent is a sworn public officer who makes the return in his official capacity, verified under oath or affirmation.
Sec. 10. NRS 34.710 is hereby amended to read as follows:
34.710 1. A district court shall not consider any pretrial petition for habeas corpus:
(a) Based on alleged lack of probable cause or otherwise challenging the courts right or jurisdiction to proceed to the trial of a criminal charge unless a petition is filed in accordance with NRS 34.700.
(b) Based on a ground which the petitioner could have included as a ground for relief in any prior petition for habeas corpus or other petition for extraordinary relief.
2. [When] If an application is made to a justice of the supreme court for a writ of habeas corpus and the application is entertained by the justice or the supreme court, and thereafter denied, the person making the application may not submit thereafter an application to the district judge of the district [wherein] in which the applicant is held in custody, nor to any other district judge in any other judicial district of the state, premised upon the illegality of the same charge upon which the applicant is held in custody.
[3. An applicant who, after conviction or while no criminal action is pending against him, has petitioned the district court for a writ of habeas corpus and whose application for the writ is denied, my appeal to the supreme court from the order and judgment of the district court, but the appeal must be made within 30 days after the date of service of notice of the entry of the order or judgment.
4. The State of Nevada is an interested party in proceedings for a writ of habeas corpus. If the district court grants the writ and orders the discharge or a change in custody of the petitioner, then the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge within 30 days after the date of service of notice of the entry of the order.
5. Whenever an appeal is taken from an order of the district court discharging a petitioner or committing him to the custody of another person after granting pretrial petition for habeas corpus based on alleged want of probable cause, or otherwise challenging the courts right or jurisdiction to proceed to trial of a criminal charge, the clerk of the district court shall forthwith certify and transmit to the supreme court, as the record on appeal, the original papers on which the petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in any civil matter. When the appeal is docketed in the supreme court, it stands submitted without further briefs or oral argument, unless the supreme court otherwise orders.]
κ1991 Statutes of Nevada, Page 79 (CHAPTER 44, AB 227)κ
Sec. 11. NRS 34.720 is hereby amended to read as follows:
34.720 The provisions of NRS [34.725] 34.720 to 34.830, inclusive, and sections 3 to 7, inclusive, of this act, apply only to petitions for writs of habeas corpus in which the petitioner [requests] :
1. Requests relief from a judgment of conviction or sentence in a criminal case [.] ; or
2. Challenges the computation of time that he has served pursuant to a judgment of conviction.
Sec. 12. NRS 34.730 is hereby amended to read as follows:
34.730 1. A petition [for writ of habeas corpus requesting relief from a judgment of conviction or sentence in a criminal case] must be verified by the petitioner or his counsel . [and filed with the clerk of the district court for the county in which the petitioner is in actual custody or with the clerk of the supreme court.] If the petition is verified by counsel, [the counsel] he shall also verify that the petitioner personally authorized him to commence the action. [Before filing the petition, the clerk of a district court shall determine by the contents of the petition whether the petitioner is in actual custody in the judicial district.]
2. The petition must be titled Petition for Writ of Habeas Corpus (Post-Conviction) and be in substantially the form set forth in NRS 34.735. The petition must name as respondent and be served by mail upon the officer or other person by whom the petitioner is confined or restrained. A copy of the petition must be served by mail upon [the] :
(a) The attorney general ; and
(b) In the case of a petition challenging the validity of a judgment of conviction or sentence, the district attorney in the county in which the petitioner was convicted.
3. [The] Except as otherwise provided in this subsection, the clerk of the district court shall file a petition [for a writ of habeas corpus] as a new action separate and distinct from any original proceeding in which a conviction [may have] has been had. If a petition challenges the validity of a conviction or sentence, it must be:
(a) Filed with the record of the original proceeding to which it relates; and
(b) Whenever possible, assigned to the original judge or court.
4. No hearing upon the petition may be set until the requirements of NRS 34.740 to 34.770, inclusive, and section 7 of this act, are satisfied.
Sec. 13. NRS 34.735 is hereby amended to read as follows:
34.735 A petition [for a writ of habeas corpus (post-conviction)] must be in substantially the following form [:] , with appropriate modifications if the petition is filed in the supreme court:
Case No. ...........................................
Dept. No. ...........................................
IN THE .................... JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR THE COUNTY OF ....................
κ1991 Statutes of Nevada, Page 80 (CHAPTER 44, AB 227)κ
...............................................................................
Petitioner ,
v. PETITION FOR WRIT
OF HABEAS CORPUS
............................................................................... (POST-CONVICTION)
Respondent .
INSTRUCTIONS:
(1) This petition must be legibly handwritten or typewritten, signed by the petitioner and verified.
(2) Additional pages are not permitted except where noted or with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.
(3) If you want an attorney appointed, you must complete the Affidavit in Support of Request to Proceed in Forma Pauperis. You must have an authorized officer at the prison complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.
(4) You must name as respondent the person by whom you are confined or restrained. If you are in a specific institution of the department of prisons, name the warden or head of the institution. If you are not in a specific institution of the department but within its custody, name the director of the department of prisons.
(5) You must include all grounds or claims for relief which you may have regarding your conviction or sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging your conviction and sentence.
(6) You must allege specific facts supporting the claims in the petition you file seeking relief from any conviction or sentence. Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed. If your petition contains a claim of ineffective assistance of counsel, that claim will operate to waive the attorney-client privilege for the proceeding in which you claim your counsel was ineffective.
(7) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you are imprisoned or restrained of your liberty. One copy must be mailed to the respondent, one copy to the attorney generals office, and one copy to the district attorney of the county in which you were convicted or to the original prosecutor if you are challenging your original conviction or sentence. Copies must conform in all particulars to the original submitted for filing.
[(8) This form is not intended to, and does not, preclude your right to file for post-conviction relief in the district court for the county from which you were convicted in the State of Nevada under the provisions of NRS 177.325. You will be precluded, however, from filing a petition pursuant to chapter 177 of NRS if you do not file it within 1 year after your conviction or decision on appeal and cannot show good cause for failing to file within that time. You are precluded from filing a habeas corpus petition pursuant to chapter 34 of NRS if you do not first challenge your conviction or sentence by filing a petition pursuant to chapter 177 of NRS.]
κ1991 Statutes of Nevada, Page 81 (CHAPTER 44, AB 227)κ
NRS if you do not first challenge your conviction or sentence by filing a petition pursuant to chapter 177 of NRS.]
PETITION
1. Name of institution and county in which you are presently imprisoned or where and how you are presently restrained of your liberty:
.......................................................................................................................................................
2. Name and location of court which entered the judgment of conviction under attack:
.......................................................................................................................................................
3. Date of judgment of conviction:..............................................................................
4. Case number:...............................................................................................................
5. (a) Length of sentence:..............................................................................................
.......................................................................................................................................................
(b) If sentence is death, state any date upon which execution is scheduled:
6. Are you presently serving a sentence for a conviction other than the conviction under attack in this motion? Yes ........ No ........
If yes, list crime, case number and sentence being served at this time:.......................
.......................................................................................................................................................
.......................................................................................................................................................
7. Nature of offense involved in conviction being challenged:...............................
.......................................................................................................................................................
8. What was your plea? (check one)
(a) Not guilty ........
(b) Guilty ........
(c) Nolo contendere ..........
9. If you entered a guilty plea to one count of an indictment or information, and a not guilty plea to another count of an indictment or information, or if a guilty plea was negotiated, give details:.........................................
.......................................................................................................................................................
.......................................................................................................................................................
10. If you were found guilty after a plea of not guilty, was the finding made by: (check one)
(a) Jury ........
(b) Judge without a jury ........
11. Did you testify at the trial? Yes ........ No ........
12. Did you appeal from the judgment of conviction? Yes ........ No ........
13. If you did appeal, answer the following:
(a) Name of court: ...........................................................................................................
(b) Case number or citation: ..........................................................................................
(c) Result: ...........................................................................................................................
(d) Date of result: .............................................................................................................
(Attach copy of order or decision, if available.)
14. If you did not appeal, explain briefly why you did not:
.......................................................................................................................................................
.......................................................................................................................................................
κ1991 Statutes of Nevada, Page 82 (CHAPTER 44, AB 227)κ
15. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any court, state or federal? Yes ........ No ........
16. If your answer to No. 15 was yes, give the following information:
(a) (1) Name of court:......................................................................................................
(2) Nature of proceeding:............................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
(3) Grounds raised:.......................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........ No ........
(5) Result:......................................................................................................................
(6) Date of result:.........................................................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:
(b) As to any second petition, application or motion, give the same information:
(1) Name of court:.......................................................................................................
(2) Nature of proceeding:............................................................................................
(3) Grounds raised:.......................................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........ No ........
(5) Result:......................................................................................................................
(6) Date of result:.........................................................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:
.......................................................................................................................................................
(c) As to any third or subsequent additional applications or motions, give the same information as above, list them on a separate sheet and attach.
(d) Did you appeal to the highest state or federal court having jurisdiction, the result or action taken on any petition, application or motion?
(1) First petition, application or motion? Yes ........ No ........
Citation or date of decision:.................................................................................
(2) Second petition, application or motion? Yes ........ No ........
Citation or date of decision:.................................................................................
(3) Third or subsequent petitions, applications or motions? Yes ........ No ........
Citation or date of decision:.................................................................................
(e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)
.......................................................................................................................................................
.......................................................................................................................................................
κ1991 Statutes of Nevada, Page 83 (CHAPTER 44, AB 227)κ
17. Has any ground being raised in this petition been previously presented to this or any other court by way of petition for habeas corpus, [post-conviction relief pursuant to chapter 177 of NRS, motion or application?] motion, application or any other post-conviction proceeding? If so, identify:
(a) Which of the grounds is the same: ..........................................................................
.......................................................................................................................................................
(b) The proceedings in which these grounds were raised:............................................
.......................................................................................................................................................
(c) Briefly explain why you are again raising these grounds. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length).
.......................................................................................................................................................
18. If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed on any additional pages you have attached, were not previously presented in any other court, state or federal, list briefly what grounds were not so presented, and give your reasons for not presenting them. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)
.......................................................................................................................................................
19. Are you filing this petition more than 1 year following the filing of the judgment of conviction or the filing of a decision on direct appeal? If so, state briefly the reasons for the delay. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)..........................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
20. Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack? Yes ........ No ........
If yes, state what court and the case number:
.......................................................................................................................................................
21. Give the name of each attorney who represented you in the proceeding resulting in your conviction and on direct appeal:
.......................................................................................................................................................
22. Do you have any future sentences to serve after you complete the sentence imposed by the judgment under attack? Yes ........ No ........
If yes, specify where and when it is to be served, if you know:
.......................................................................................................................................................
23. State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary you may attach pages stating additional grounds and facts supporting same.
(a) Ground one:...................................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.): ......................
.......................................................................................................................................................
κ1991 Statutes of Nevada, Page 84 (CHAPTER 44, AB 227)κ
(b) Ground two:...................................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.): ......................
.......................................................................................................................................................
.......................................................................................................................................................
(c) Ground three: ..............................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):........................
.......................................................................................................................................................
.......................................................................................................................................................
(d) Ground four:..................................................................................................................
.......................................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):........................
.......................................................................................................................................................
.......................................................................................................................................................
WHEREFORE, petitioner prays that the court grant petitioner relief to which he may be entitled in this proceeding.
EXECUTED at .................... on the ....... day of ..............., 19.....
...........................................................................
Signature of petitioner
...........................................................................
Address
...................................................................................
Signature of attorney (if any)
...................................................................................
Attorney for petitioner
...................................................................................
Address
VERIFICATION
Under penalty of perjury, the undersigned declares that he is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and as to such matters he believes them to be true.
...........................................................................
Petitioner
...........................................................................
Attorney for petitioner
CERTIFICATE OF SERVICE BY MAIL
I, .............................., hereby certify pursuant to N.R.C.P. 5(b), that on this ...... day of ...................., 19 ......, I mailed a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS addressed to:
κ1991 Statutes of Nevada, Page 85 (CHAPTER 44, AB 227)κ
.......................................................................................................
Respondent prison or jail official
.......................................................................................................
Address
.......................................................................................................
Attorney General
Heroes Memorial Building
Capitol Complex
Carson City, Nevada 89710
.......................................................................................................
District Attorney of County of Conviction
.......................................................................................................
Address
...........................................................................
Signature of Petitioner
Sec. 14. NRS 34.740 is hereby amended to read as follows:
34.740 [1.] The original petition must be presented promptly to a district judge or a justice of the supreme court by the clerk of the court. The petition must be examined expeditiously by the judge or justice to whom it is assigned.
[2. If it plainly appears from the face of a petition or an amended petition and any documents and exhibits annexed to it, or from any of the courts records, that the petitioner is not entitled to relief, the judge or justice shall make an order for its summary dismissal and cause the petitioner to be notified. Otherwise the judge or justice may order a more specific pleading from the petitioner or shall order the respondent to file a response or an answer and a return within 45 days or a longer period fixed by the judge or justice or to take such other action as he deems appropriate. A copy of any order must be served on the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.]
Sec. 15. NRS 34.750 is hereby amended to read as follows:
34.750 1. A petition may allege that the petitioner is unable to pay the costs of the proceedings or to employ counsel. If the court is satisfied that the allegation of indigency is true and the petition is not dismissed summarily, the court may appoint counsel [at the time the court orders the filing of an answer and a return.] to represent the petitioner. In making its determination, the court may consider , among other things, the severity of the consequences facing the petitioner and whether:
(a) The issues presented are difficult;
(b) The petitioner is unable to comprehend the proceedings; or
(c) Counsel is necessary to proceed with discovery.
2. If the court determines that the petitioner is unable to pay all necessary costs and expenses incident to the proceedings of the trial court and the reviewing court, including court costs, stenographic services, printing and reasonable compensation for legal services, all costs must be paid from money appropriated to the office of the state public defender for that purpose. After appropriations for that purpose are exhausted, money must be allocated to the office of the state public defender from the reserve for statutory contingency fund for the payment of the costs, expenses and compensation.
κ1991 Statutes of Nevada, Page 86 (CHAPTER 44, AB 227)κ
to the office of the state public defender from the reserve for statutory contingency fund for the payment of the costs, expenses and compensation.
3. After appointment by the court, counsel for the petitioner may file and serve supplemental pleadings, exhibits, transcripts and documents within 30 days after [the] :
(a) The date the court orders the filing of an answer and a return [, but not later than 15 days before the answer and return are due. The] ; or
(b) The date of his appointment,
whichever is later. If it has not previously been filed, the answer by the respondent must be filed within 15 days after receipt of the supplemental pleadings and include any response to the supplemental pleadings.
4. The petitioner shall respond within 15 days after service to a motion by the state to dismiss the action.
5. No further pleadings may be filed except as order by the court.
Sec. 16. NRS 34.760 is hereby amended to read as follows:
34.760 1. The answer must state whether the petitioner has previously applied for relief from his conviction or sentence in any proceeding in a state or federal court, including a direct appeal or a petition for a writ of habeas corpus or other post-conviction relief.
2. The answer must indicate what transcripts of pretrial, trial, sentencing and post-conviction proceedings are available, when these transcripts can be furnished and what proceedings have been recorded and not transcribed. The respondent shall attach to the answer any portions of the transcripts , except those in the courts file, which he deems relevant. The court on its own motion or upon request of the petitioner may order additional portions of existing transcripts to be furnished or certain portions of the proceedings which were not transcribed to be transcribed and furnished. If a transcript is [neither available nor] not available or procurable, the court may require a narrative summary of the evidence to be submitted.
3. If the petitioner appealed from the judgment of conviction or any adverse judgment or order in a prior petition for a writ of habeas corpus or post-conviction relief, a copy of the petitioners brief on appeal and any opinion of the appellate court must be filed by the respondent with the answer.
Sec. 17. NRS 34.770 is hereby amended to read as follows:
34.770 1. The judge or justice, upon review of the return, answer and all supporting documents which are filed, shall determine whether an evidentiary hearing is required. A petitioner must not be discharged or committed to the custody of a person other than the respondent unless an evidentiary hearing is held.
2. If the judge or justice determines that the petitioner is not entitled to relief and an evidentiary hearing is not required, he shall dismiss the petition without a hearing. [A copy of any decision or order dismissing the petition must be served on the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.]
3. If the judge or justice determines that an evidentiary hearing is required, he shall grant the writ and shall set a date for the hearing.
κ1991 Statutes of Nevada, Page 87 (CHAPTER 44, AB 227)κ
Sec. 18. NRS 34.780 is hereby amended to read as follows:
34.780 1. The Nevada Rules of Civil Procedure, to the extent that they are not inconsistent with NRS 34.360 to 34.830, inclusive, apply to proceedings pursuant to NRS 34.720 to 34.830, inclusive [.] , and sections 3 to 7, inclusive, of this act.
2. After the writ has been granted and a date set for the hearing, a party may invoke any method of discovery available under the Nevada Rules of Civil Procedure if, and to the extent that, the judge or justice for good cause shown grants leave to do so. [The judge or justice shall appoint counsel to assist the petitioner if:
(a) The assistance is necessary for the petitioner to use discovery effectively; and
(b) The petitioner is eligible for appointment of counsel pursuant to NRS 34.750.]
3. A request for discovery which is available under the Nevada Rules of Civil Procedure must be accompanied by a statement of the interrogatories or requests for admission and a list of any documents sought to be produced.
Sec. 19. NRS 34.800 is hereby amended to read as follows:
34.800 1. A petition may be dismissed if delay in the filing of the petition:
(a) Prejudices the respondent or the State of Nevada in responding to the petition, unless the petitioner shows that the petition is based upon grounds of which he could not have had knowledge by the exercise of reasonable diligence before the circumstances prejudicial to the state occurred; or
(b) Prejudices the State of Nevada in its ability to conduct a retrial of the petitioner, unless the petitioner demonstrates that a fundamental miscarriage of justice has occurred in the proceedings resulting in the judgment of conviction or sentence.
2. A period exceeding 5 years between the filing of a judgment of conviction, an order imposing a sentence of imprisonment or a decision on direct appeal of a judgment of conviction and the filing of a petition [for a writ of habeas corpus] challenging the validity of a judgment of conviction creates a rebuttable presumption of prejudice to the state. In a motion to dismiss the petition based on that prejudice, the respondent or the State of Nevada must specifically plead laches. The petitioner must be given an opportunity to respond to the allegations in the pleading before a ruling on the motion is made.
Sec. 20. NRS 34.820 is hereby amended to read as follows:
34.820 1. If a petitioner has been sentenced to death [,] and the petition is the first one challenging the validity of the petitioners conviction or sentence, the court shall:
(a) Appoint counsel to represent the petitioner; and
(b) Stay execution of the judgment pending disposition of the petition and the appeal.
2. The petition must include the date upon which execution is scheduled, if it has been scheduled. The petitioner is not entitled to an evidentiary hearing unless the petition states that:
(a) Each issue of fact to be considered at the hearing has not been determined in any prior evidentiary hearing in a state or federal court; or
κ1991 Statutes of Nevada, Page 88 (CHAPTER 44, AB 227)κ
(b) For each issue of fact which has been determined in a prior evidentiary hearing, the hearing was not a full and fair consideration of the issue. The petition must specify all respects in which the hearing was inadequate.
[2.] 3. If the petitioner has previously filed a petition for relief or for a stay of the execution in the same court, the petition must be assigned to the judge or justice who considered the previous matter.
[3.] 4. The court shall inform the petitioner and his counsel that all claims which challenge the conviction or imposition of the sentence must be joined in a single petition and that any matter not included in the petition will not be considered in a subsequent proceeding.
[4.] 5. If relief is granted or the execution is stayed, the clerk shall forthwith notify the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.
[5.] 6. If a district judge conducts an evidentiary hearing, a daily transcript must be prepared [immediately] for the purpose of appellate review.
[6.] 7. The judge or justice who considers a petition filed by a petitioner who has been sentenced to death shall make all reasonable efforts to expedite the matter and shall render a decision within 60 days after submission of the matter for decision.
Sec. 21. NRS 34.830 is hereby amended to read as follows:
34.830 [After any determination of a petition for a writ of habeas corpus,]
1. Any order that finally disposes of a petition, whether or not an evidentiary hearing was held, [the court shall make] must contain specific findings of fact [, expressly state its] and conclusions of law [and set forth its judgment.] supporting the decision of the court.
2. A copy of any decision or order discharging the petitioner from the custody or restraint under which he is held, committing him to the custody of another person [or] , dismissing the petition or denying the requested relief [after a hearing] must be served by the clerk of the court upon the petitioner and his counsel, if any, the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.
3. Whenever a decision or order described in this section is entered by the district court, the clerk of the court shall prepare a notice in substantially the following form and mail a copy of the notice to each person listed in subsection 2:
Case No. ............................................
Dept. No. ............................................
IN THE ....... JUDICIAL DISTRICT COURT OF THE STATE OF
NEVADA
IN AND FOR THE COUNTY OF ....................
κ1991 Statutes of Nevada, Page 89 (CHAPTER 44, AB 227)κ
...............................................................
Petitioner,
v. NOTICE OF ENTRY OF
DECISION OR ORDER
...............................................................
Respondent.
PLEASE TAKE NOTICE that on ..............., 19....., the court entered a decision or order in this matter, a true and correct copy of which is attached to this notice.
You may appeal to the supreme court from the decision or order of this court. If you wish to appeal, you must file a notice of appeal with the clerk of this court within 33 days after the date this notice is mailed to you. This notice was mailed on .........., 19.....
Dated ...................., 19.....
.......................................................................
Clerk of court
(SEAL) By ................................................................
Deputy
Sec. 22. NRS 7.125 is hereby amended to read as follows:
7.125 1. Except as limited by subsections 2, 3 and 4, an attorney other than a public defender appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendants initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee in accordance with the following schedule:
(a) For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearances, $40 per hour.
(b) For court appearances, $60 per hour.
2. The total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:
(a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $6,000;
(b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $2,500;
(c) If the most serious crime is a misdemeanor, $750;
(d) For an appeal of one or more misdemeanor convictions, $750; or
(e) For an appeal of one or more gross misdemeanor or felony convictions, $2,500.
3. An attorney appointed by a district court to represent an indigent petitioner [for a writ of] in connection with a post-conviction petition for habeas corpus , [or other post-conviction relief,] if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $750.
4. If the appointing court because of:
(a) The complexity of a case or the number of its factual or legal issues;
κ1991 Statutes of Nevada, Page 90 (CHAPTER 44, AB 227)κ
(b) The severity of the offense;
(c) The time necessary to provide an adequate defense; or
(d) Other special circumstances,
deems it appropriate to grant a fee in excess of the applicable maximum, the payment must be made, but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service in office.
5. The magistrate, the district court or the supreme court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.
Sec. 23. NRS 7.155 is hereby amended to read as follows:
7.155 The compensation and expenses of an attorney appointed to represent a defendant [shall] must be paid from the county treasury unless the proceedings are based upon a post-conviction petition for habeas corpus , [or other post-conviction relief,] in which [cases] case the compensation and expenses [shall] must be paid from [moneys] money appropriated to the office of state public defender, but after the appropriation for such expenses is exhausted, [moneys shall] money must be allocated to the office of state public defender from the reserve for statutory contingency fund for the payment of such compensation and expenses.
Sec. 24. NRS 176.015 is hereby amended to read as follows:
176.015 1. Sentence must be imposed without unreasonable delay. Pending sentence the court may commit the defendant or continue or alter the bail.
2. Before imposing sentence the court shall:
(a) Afford counsel an opportunity to speak on behalf of he defendant; and
(b) Address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment.
3. Before imposing sentence the court shall afford the victim an opportunity to:
(a) Appear personally or by counsel; and
(b) Reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim and the need for restitution.
4. The prosecutor shall give to the victim reasonable notice of the hearing to impose sentence. Any defect in notice or failure of the victim to appear are not grounds for an appeal or the granting of a writ of habeas corpus . [or petition for post-conviction relief.]
5. For the purposes of this section, victim has the meaning ascribed to it in NRS 213.005.
Sec. 25. NRS 176.486 is hereby amended to read as follows:
176.486 A district court having proper jurisdiction or the supreme court, if it has proper jurisdiction, may stay the execution of a sentence of death when a post-conviction petition for [post-conviction relief] habeas corpus has been filed only after appropriate notice has been given to the appropriate respondent in the case.
κ1991 Statutes of Nevada, Page 91 (CHAPTER 44, AB 227)κ
when a post-conviction petition for [post-conviction relief] habeas corpus has been filed only after appropriate notice has been given to the appropriate respondent in the case.
Sec. 26. NRS 176.487 is hereby amended to read as follows:
176.487 When a person under a sentence of death files a proper post-conviction petition for [post-conviction relief pursuant to chapter 34 or 177 of NRS,] habeas corpus, a district court or the supreme court on a subsequent appeal shall enter a stay of execution if the court finds a stay necessary for a proper consideration of the claims for relief. In making this determination, the court shall consider whether:
1. The petition is the first effort by the petitioner to raise constitutional claims for relief after a direct appeal from his conviction and the petition raises claims other than those which could have been raised at trial or on direct appeal.
2. The petition is timely filed and jurisdictionally appropriate and does not set forth conclusory claims only.
3. If the petition is not the first petition for post-conviction relief, it raises constitutional claims which are not procedurally barred by laches, the law of the case, the doctrines of abuse of the writ or successive petition or any other procedural default.
4. If the petition is a second or successive petition, it presents substantial grounds upon which relief might be granted and valid justification for the claims not having been presented in a prior proceeding.
5. The petition asserts claims based upon specified facts or law which, if true, would entitle the petitioner to relief.
6. The court cannot decide legal claims which are properly raised or expeditiously hold an evidentiary hearing on factual claims which are properly raised before the execution of sentence.
Sec. 27. NRS 176.489 is hereby amended to read as follows:
176.489 Any stay of execution previously entered by the court must be vacated if the court denies [a petition filed pursuant to chapter 34 or 177 of NRS.] the petition for habeas corpus.
Sec. 28. NRS 178.4871 is hereby amended to read as follows:
178.4871 A person who has filed a post-conviction petition for [post-conviction relief pursuant to chapter 34 or 177 of NRS:] habeas corpus:
1. Must not in any case be released on his own recognizance.
2. Must not be admitted to bail pending a review of his petition unless:
(a) The petition is filed in the proper jurisdiction;
(b) The petition presents substantial questions of law or fact and does not appear to be barred procedurally;
(c) The petitioner has made out a clear case on the merits; and
(d) There are exceptional circumstances deserving of special treatment in the interests of justice.
Sec. 29. NRS 178.4873 is hereby amended to read as follows:
178.4873 If a district court denies a post-conviction petition for [post-conviction relief pursuant to chapter 34 or 177 of NRS,] habeas corpus, the petitioner must not be released on his own recognizance or admitted to bail pending any appeal. If the petition is granted and a stay of the order granting relief is not entered, the district court shall admit the petitioner to bail pending appeal if the respondent files a notice of appeal.
κ1991 Statutes of Nevada, Page 92 (CHAPTER 44, AB 227)κ
relief is not entered, the district court shall admit the petitioner to bail pending appeal if the respondent files a notice of appeal.
Sec. 30. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency fund is hereby created as a trust fund.
2. The state board of examiners shall administer the reserve for statutory contingency fund, and the money in the fund may be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
(b) The payment of claims which are obligations of the state under:
(1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and
(2) NRS 7.155, 34.750, 176.223, [177.345,] 178.465, 179.225, 213.153 and 293B.210,
but the claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted; and
(c) The payment of claims which are obligations of the state under NRS 41.0349 and 41.037, but only to the extent that the money in the fund for insurance premiums is insufficient to pay the claims.
Sec. 31. NRS 34.725, 34.815, 177.315, 177.320, 177.325, 177.335, 177.340, 177.345, 177.355, 177.357, 177.360, 177.365, 177.370, 177.375, 177.380, 177.383, 177.385 are hereby repealed.
Sec. 32. The amendatory provisions of this act do not apply to any post-conviction proceeding commenced before January 1, 1993.
Sec. 33. This act becomes effective on January 1, 1993, only if Senate Joint Resolution No. 13 of the 65th session is approved by this session and ratified by the people at the general election in 1992.
________
κ1991 Statutes of Nevada, Page 93κ
Assembly Bill No. 253Committee on Government Affairs
CHAPTER 45
AN ACT relating to the City of Las Vegas; amending the charter of the City of Las Vegas to provide that the city attorney is appointed by and is under the supervision of the city council rather than the city manager; and providing other matters properly relating thereto.
[Approved March 28, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3.070 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1408, is hereby amended to read as follows:
Sec. 3.070 Appointive officers: Appointment by city manager. The city manager shall appoint the following officers, subject to ratification by the city council:
1. Director of financial management.
2. Director of public services.
3. Fire chief.
4. City clerk.
5. [City attorney.
6.] A director of each department which is established pursuant to section 3.060 of this charter.
[7.] 6. Such other officers as may be necessary.
Sec. 2. Section 3.100 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1408, is hereby amended to read as follows:
Sec. 3.100 City attorney: [Qualifications;] Appointment; salary; qualifications; duties; private practice prohibited.
1. The city council shall appoint a city attorney and shall fix his salary.
2. The city attorney must be:
(a) A duly licensed member, in good standing, of the State Bar of Nevada.
(b) The chief legal officer of the city and, as such, shall advise the city council and all offices of the city in all matters with respect to the affairs for the city and perform such duties as may be designated by the city council or prescribed by ordinance.
[2.] 3. The city attorney is under the general direction and supervision of the city council.
4. The city attorney and deputy city attorneys may not engage in the private practice of law.
Sec. 3. Section 3.180 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1410, is hereby amended to read as follows:
Sec. 3.180 Appointive officers: Qualification; duties restricted and altered.
κ1991 Statutes of Nevada, Page 94 (CHAPTER 45, AB 253)κ
1. The city council may prescribe by ordinance the qualifications, powers and duties of all appointive officers of the city, if those qualifications, powers and duties have not been established by this charter, and may add to, alter or restrict those qualifications, powers and duties from time to time.
2. The city manager may designate [such] additional qualifications, powers and duties of all of the appointive city officers, except the city attorney, which are not in conflict with the provisions of this charter or any ordinance which prescribes those qualifications, powers and duties, as he [may deem are] deems necessary or appropriate and may add to, alter or restrict those qualifications, powers and duties from time to time.
Sec. 4. Section 3.210 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1410, is hereby amended to read as follows:
Sec. 3.210 Appointive officers: Removal. [Each]
1. Except as otherwise provided in subsection 2, each appointive officer serves at the pleasure of the city manager and may be removed by him at any time, subject to ratification by the city council.
2. The city attorney serves at the pleasure of the city council and may be removed by an affirmative vote of a majority of the entire membership of the city council at any time.
Sec. 5. Section 3.220 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1410, is hereby amended to read as follows:
Sec. 3.220 Appointive officers: Performance of duties; salary.
1. All appointive officers of the city, except the city manager , city attorney and the board of civil service trustees, must have such qualifications and powers and shall perform such duties, under the direction of the city manager, as may be designated by the city manager or are prescribed, conferred or imposed by ordinance, this charter or general law.
2. All appointive officers of the city and their deputies , except the city attorney, must receive such salary as may be designated by the city manager within the salary ranges which have been established for their respective positions by the city council.
Sec. 6. Section 3.230 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1411, is hereby amended to read as follows:
Sec. 3.230 Appointive officers; city managers direction; administration of departments. All departments, offices and agencies, except the city manager , city attorney and the board of civil service trustees, are under the general direction and supervision of the city manager and must be administered by an officer who is subject to the immediate direction and supervision of the city manager. With the consent of the city council, the city manager may serve also as the director of one or more departments, offices or agencies and may appoint one person to be the director of two or more departments, offices or agencies.
κ1991 Statutes of Nevada, Page 95 (CHAPTER 45, AB 253)κ
Sec. 7. Section 10.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1435, is hereby amended to read as follows:
Sec. 10.010 Civil service.
1. There is hereby created a system of civil service which is applicable to and governs all of the employees of the city except the elected officials, persons who serve as members of boards, commissioners or committees for which no compensation is received, the city manager, the city attorney, persons who are appointed pursuant to sections 3.040 and 3.070 of this charter, persons who hold such probationary, provisional or temporary appointments as are designated in the civil service rules, alternate judges and persons who hold such other positions as are designated by the city council.
2. The system of civil service must be administered by a board of civil service trustees which is composed of five members who are appointed by the city council for terms of 4 years.
3. The city council [must] shall adopt by ordinance, following their approval by the board of civil service trustees, a codification of the rules which govern the system of civil service and may from time to time amend those rules by ordinance upon the recommendation of the board of civil service trustees. Those rules must provide for:
(a) The examination of potential employees;
(b) Recruitment and placement procedures;
(c) The classification of positions;
(d) Procedures for the promotion of employees;
(e) Procedures for disciplinary actions against, and the discharge of, employees;
(f) Appeals with respect to actions which are taken pursuant to paragraphs (d) and (e);
(g) The acceptance and processing of citizens complaints against employees; and
(h) Such other matters as the board of civil service trustees deems are necessary or appropriate.
4. Copies of the rules of the system of civil service must be made available to all of the employees of the city.
________
κ1991 Statutes of Nevada, Page 96κ
Assembly Bill No. 7Committee on Commerce
CHAPTER 46
AN ACT relating to time shares; limiting the applicability of the provisions governing time shares; making unlawful the failure to disclose certain profit-sharing agreements; providing additional grounds for denying a permit to sell time shares; authorizing disciplinary action against a developer who violates any term or condition of a permit; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 119A of NRS is hereby amended by adding thereto a new section to read as follows:
Owner means a purchaser who is the equitable or legal owner of a time share.
Sec. 2. NRS 119A.010 is hereby amended to read as follows:
119A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 119A.020 to 119A.160, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 119A.170 is hereby amended to read as follows:
119A.170 1. The provisions of this chapter, except subsection 4, do not apply to:
(a) The sale of 12 or fewer time shares in a time-share project [, unless the developer offers to sell time shares in other projects in the same subdivision and the total number of time shares exceeds 26 in a period of 12 months;] or the sale of 12 or fewer time shares in the same subdivision;
(b) The sale or transfer of a time share by an owner who is not the developer, unless the time share is sold in the ordinary course of business of that owner;
(c) Any transfer of a time share by deed in lieu of foreclosure or as a result of foreclosure of the time share;
(d) A gratuitous transfer of a time share;
(e) A transfer by devise or descent or a transfer to an inter vivos trust; or
(f) The sale or transfer of the right to use and occupy a unit on a periodic basis which recurs over a period of less than 5 years,
unless the method of disposition is adopted for the purpose of evading the provisions of this chapter.
2. Any campground or developer which is subject to the requirements of chapter 119B of NRS and complies with those provisions is not required to comply with the provisions of this chapter.
3. The division may from time to time, pursuant to regulations adopted by it, exempt from any of the provisions of this chapter any other sale, transfer or disposition of a time share if it finds that the enforcement of this chapter with respect to such a transaction is not necessary in the public interest and for the protection of purchasers.
4. The provisions of chapter 645 of NRS apply to the sale of time shares, except any sale of a time share to which this chapter applies, and for that purpose the terms real property and real estate as used in chapter 645 of NRS shall be deemed to include a time share, whether it is an interest in real property or merely a contractual right to occupancy.
κ1991 Statutes of Nevada, Page 97 (CHAPTER 46, AB 7)κ
of NRS shall be deemed to include a time share, whether it is an interest in real property or merely a contractual right to occupancy.
Sec. 4. NRS 119A.305 is hereby amended to read as follows:
119A.305 The terms and conditions of the documents and agreements submitted pursuant to [subsection 1 of] NRS 119A.300 which relate to the creation and management of the time-share project and to the sale of time shares and to which the applicant or an affiliate of the applicant is a party must be described in the public offering statement and constitute additional terms and conditions of the applicants permit to sell time shares.
Sec. 5. NRS 119A.310 is hereby amended to read as follows:
119A.310 1. The administrator shall deny an application for a permit to sell time shares if he finds that:
[1.] (a) The developer failed to comply with any of the provisions of this chapter or the regulations adopted by the division [.
2.] ; or
(b) The developer, [or] any of its affiliates [, has:
(a)] or any officer of the developer or an affiliate, has:
(1) Been convicted of or [pled] pleaded nolo contendere to [a felony] forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or other crime involving [fraud or misrepresentation;
(b)] moral turpitude;
(2) Been the subject of a judgment in any civil or administrative action, including a proceeding to revoke or suspend a license, involving fraud or dishonesty;
(3) Been permanently enjoined by a court of competent jurisdiction from selling real estate, time shares or securities [;
(c)] in an unlawful manner;
(4) Had a registration as a broker-dealer in securities or a license to act as a real estate broker or salesman, project broker or sales agent revoked;
[(d)] (5) Been convicted of or [pled] pleaded nolo contendere to selling time shares without a license; or
[(e)] (6) Had a permit to sell time shares, securities or real estate revoked.
2. The administrator may deny an application for a permit to sell time shares if he finds that the developer, or any of its affiliates, has failed to offer satisfactory proof that it has a good reputation for honesty, trustworthiness, integrity and competence to transact the business of a developer in a manner which safeguards the interests of the public.
3. The burden of proof is on the developer to establish to the satisfaction of the division that it is qualified to receive a license.
Sec. 6. NRS 119A.370 is hereby amended to read as follows:
119A.370 1. [No] A time share may not be advertised or offered for sale within this state until the advertisement or offering is approved by the division.
2. Each advertisement must contain the processing number assigned to it by the division.
3. Each application for the approval of advertising must:
(a) Include the form and content of advertising to be used;
κ1991 Statutes of Nevada, Page 98 (CHAPTER 46, AB 7)κ
(b) Include the nature of the offer of gifts or other free benefits to be extended;
(c) Include the nature of promotional meetings involving any person or act described in [subsection 1 of] NRS 119A.300; and
(d) Be accompanied by a filing fee of not more than $25, to be established by the division.
4. The division shall render a decision upon an application for the approval of advertising or an offer for sale within 30 days after the date the application is filed.
Sec. 7. NRS 119A.450 is hereby amended to read as follows:
119A.450 1. A contract for the sale of a time share or any other evidence of an obligation to purchase a time share must provide a 12-point bold type that the purchaser is relieved of all obligations under the contract if his interests are defeated because of the foreclosure of liens against the project. The provisions of this subsection do not apply to any time-share project which meets any one of the requirements of subsections 1 to 5, inclusive, of NRS 119A.430.
2. If a developer or owner is in default on a [senior security,] blanket encumbrance, he my not sell or pledge any of the notes or contracts of sale given in payment of the time shares purchased from him.
Sec. 8. NRS 119A.510 is hereby amended to read as follows:
119A.510 If a unit is unavailable for a period to which the owner is entitled by schedule or by confirmed reservation, the owner is entitled to be provided [:] by the association or, if there is no association, by the developer:
1. A comparable unit; or
2. Monetary compensation for the loss of such use.
Sec. 9. NRS 119A.654 is hereby amended to read as follows:
119A.654 The administrator may impose a fine or suspend, revoke or place conditions upon the permit of a developer at any time if [he:] the developer:
1. Obtained the permit by false or fraudulent representation; or
2. Violates any of the terms or conditions of the permit, the provisions of this chapter or the regulations adopted pursuant thereto.
Sec. 10. NRS 119A.710 is hereby amended to read as follows:
119A.710 It is unlawful to engage in unfair methods of competition or deceptive or unfair acts in the offer to sell or sale of a time share including, without limitation:
1. Misrepresenting or failing to disclose any material fact concerning a time share.
2. Including in an agreement for the purchase of a time-share provisions purporting to waive any right or benefit provided for purchasers under this chapter.
3. Receiving from a prospective purchaser any money or other valuable consideration before the purchaser has received a statement of public offering.
4. Misrepresenting the amount of time or period of time the unit will be available to a purchaser.
5. Misrepresenting the location or locations of the unit.
κ1991 Statutes of Nevada, Page 99 (CHAPTER 46, AB 7)κ
6. Misrepresenting the size, nature, extent, qualities or characteristics of the unit.
7. Misrepresenting the nature or extent of any services incident to the unit.
8. Misrepresenting the conditions under which a purchaser may exchange occupancy rights to a unit in one location for occupancy rights to a unit in another location.
9. Failing to disclose initially that any promised entertainment, food or other inducements are being offered to solicit the sale of a time share.
10. Conducting or participating in, without prior approval by the division, any type of lottery or contest, or offering prizes or gifts to induce or encourage a person to visit a time-share project, attend a meeting at which a time share will be discussed, attend a presentation or purchase a time share.
11. Failing to disclose initially to a prospective purchaser any agreement between the project broker or sales agent and the developer that results in a sharing of sales proceeds in excess of a minimum sales price for a time share.
12. Any act or practice considered an unfair method of competition or an unfair or deceptive act or practice under NRS 207.170, 207.171 or 598.410 to 598.414, inclusive, or chapter 598A or 599A of NRS.
Sec. 11. This act becomes effective upon passage and approval.
________
Assembly Bill No. 44Committee on Judiciary
CHAPTER 47
AN ACT relating to the secretary of state; revising the requirement for the filing of certain information by a foreign corporation qualifying to do business in this state; increasing the fee for the issuance of a certificate relating to a financing statement or statement of assignment; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 80.010 is hereby amended to read as follows:
80.010 1. Before commencing or doing any business in this state, every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, that enters this state to do business must [file:
(a) In] :
(a) File in the office of the secretary of state of Nevada:
(1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.
κ1991 Statutes of Nevada, Page 100 (CHAPTER 47, AB 44)κ
translator and his attestation of its accuracy, must be attached to the certificate.
(2) A certificate of acceptance of appointment executed by its resident agent, who must be a natural person residing in, or another corporation with its principal office located in this state. The certificate must set forth the name and complete address of the resident agent.
(3) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgement is taken to take acknowledgements of deeds, setting forth a general description of the purposes of the corporation.
[(4) A]
(b) Lodge in the office of the secretary of state a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized capital stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares.
[(b) In]
(c) File in the office of the county clerk of the county where the corporation has its principal office in Nevada, a copy of the certificate of corporate existence and the certificate of acceptance, certified by the secretary of state.
2. The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to:
(a) The name of any corporation formed or incorporated in this state;
(b) The name of any other foreign corporation authorized to transact business within this state;
(c) A name reserved for the use of any proposed corporation;
(d) The name of any limited partnership formed in this state;
(e) The name of any foreign limited partnership authorized to transact business in this state; or
(f) A name reserved for the use of any proposed limited partnership,
unless the written acknowledged consent of that other corporation, limited partnership using the name, or of the person for whom the name is reserved, to the adoption of the name is filed with the documents.
Sec. 2. NRS 104.9407 is hereby amended to read as follows:
104.9407 1. If the person filing any financing statement, termination statement, statement of assignment, or statement of release, furnishes the filing officer a copy thereof, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to [such] the person.
2. Upon request of any person, the filing officer shall issue his certificate showing whether there is on file on the date and hour stated therein, any presently effective financing statement naming a particular debtor and any statement of assignment thereof and if there is, giving the date and hour of filing of each such statement and the names and addresses of each secured party therein. The uniform fee for such certificate [shall be $6.] is $10. Upon request and payment of the statutory fee for copies furnished by that officer, the filing officer shall furnish a copy of any filed financing statement or statement of assignment.
κ1991 Statutes of Nevada, Page 101 (CHAPTER 47, AB 44)κ
officer, the filing officer shall furnish a copy of any filed financing statement or statement of assignment.
________
Assembly Bill No. 68Committee on Judiciary
CHAPTER 48
AN ACT relating to local detention facilities; revising the amount of credit which may be earned by prisoners in such facilities for good behavior and the performance of work; requiring credits to be given for educational achievement; authorizing credits to be given for the completion of a program of treatment for the abuse of alcohol and drugs; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 211 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. For each month in which a prisoner who is sentenced to a term of imprisonment in a local detention facility:
(a) Appears by the reports required by NRS 211.150, to have been obedient, orderly and faithful, the sheriff of the county or the chief of police of the municipality in which the prisoner is incarcerated may deduct not more than 5 days from the term of imprisonment of the prisoner.
(b) Diligently performs his assigned work, the sheriff or chief of police may deduct:
(1) Not more than 10 additional days if his term of imprisonment is 270 days or more;
(2) Not more than 7 additional days if his term of imprisonment is 180 days or more but less than 270 days;
(3) Not more than 5 additional days if his term of imprisonment is 30 days or more but less than 180 days;
(4) Not more than 3 additional days if his term of imprisonment is 15 days or more but less than 30 days; and
(5) No additional days if his term of imprisonment is less than 15 days.
2. Deductions earned under subsection 1 for any period which is less than 1 month must be credited on a pro rata basis.
3. If, while incarcerated, a prisoner:
(a) Commits a criminal offense;
(b) Commits an act which endangers human life; or
(c) Intentionally disobeys a rule of the facility,
all or part of any deductions the prisoner has earned under this section may be forfeited as the sheriff or chief of police determines. Before any forfeiture may occur, the prisoner must be given reasonable notice of the alleged misconduct for which the forfeiture is sought and an opportunity for a hearing on that misconduct.
κ1991 Statutes of Nevada, Page 102 (CHAPTER 48, AB 68)κ
4. The provisions of this section apply to any prisoner who is sentenced to a term of imprisonment in a local detention facility on or after October 1, 1991:
(a) Pursuant to a judgment of imprisonment or a fine and imprisonment; or
(b) For a definite period for contempt in any proceeding which is not a criminal proceeding.
5. As used in this section, term of imprisonment means the total number of days a prisoner is incarcerated in the facility, including, unless the court otherwise orders at his sentencing hearing, the time he actually spent in confinement from the date of his arrest to the date on which his sentence begins.
Sec. 3. 1. In addition to the credits on a term of imprisonment provided for in NRS 211.170 and sections 2 and 4 of this act, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated shall deduct 5 days from his term of imprisonment for earning a general equivalency diploma or the equivalence thereof by successfully completing an educational program for adults conducted jointly by the local detention facility in which he is incarcerated and the school district in which the facility is located.
2. The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.
Sec. 4. 1. In addition to the credits on a term of imprisonment provided for in NRS 211.170 and sections 2 and 3 of this act, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated may deduct not more than 5 days from his term of imprisonment if the prisoner:
(a) Successfully completes a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the local detention facility in which he is incarcerated and a person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; and
(b) Is awarded a certificate evidencing his successful completion of the program.
2. The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.
Sec. 5. NRS 211.170 is hereby amended to read as follows:
211.170 1. For each month in which a prisoner [:] who is sentenced to a term of imprisonment in a local detention facility before October 1, 1991:
(a) Appears by the reports required by NRS 211.150, to have been obedient, orderly and faithful, the sheriff of the county or the chief of police of the municipality in which the prisoner is incarcerated may deduct not more than 5 days from the term of imprisonment of the prisoner.
(b) Diligently performs his assigned work, the sheriff or chief of police may deduct:
(1) Not more than 10 additional days if his sentence is 270 days or more;
(2) Not more than 7 additional days if his sentence is 180 days or more but less than 270 days;
κ1991 Statutes of Nevada, Page 103 (CHAPTER 48, AB 68)κ
(3) Not more than 5 additional days if his sentence is 30 days or more but less than 180 days;
(4) Not more than 3 additional days if his sentence is 15 days or more but less than 30 days; and
(5) No additional days if his sentence is less than 15 days.
2. Deductions earned under paragraph (9) of subsection 1 for any period of time less than a month must be credited on a pro rata basis.
3. If, while incarcerated, a prisoner:
(a) Commits a criminal offense;
(b) Commits an act which endangers human life; or
(c) Intentionally disobeys a rule of the jail,
all or part of any deductions the prisoner has earned under this section may be forfeited as the sheriff or chief of police determines.
4. Before any forfeiture under subsection 3 may occur, the prisoner must be given reasonable notice of the alleged misconduct for which the forfeiture is sought and an opportunity for a hearing on that misconduct.
________
Assembly Bill No. 109Committee on Government Affairs
CHAPTER 49
AN ACT relating to district attorneys; revising the procedure for filling a vacancy in the office of district attorney; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 245.0435 is hereby amended to read as follows:
245.0435 1. [The] Except as otherwise provided in NRS 252.060, the district attorneys in counties of classes 1 to 4, inclusive, as classified in the table of annual salaries, shall not engage in the private practice of law.
2. A district attorney who is permitted to engage in the private practice of law shall disqualify himself from any criminal prosecution of a person who has been involved in a matter related to his private practice of law.
3. As used in this section, private practice of law by a district attorney means the performance of legal service, for compensation, for any person or organization except his county and any other governmental agency which he has a statutory duty to serve.
Sec. 2. NRS 252.060 is hereby amended to read as follows:
252.060 [In case a vacancy should occur in the office of district attorney, by death, removal, or otherwise, the board of county commissioners shall appoint some suitable person to fill such vacancy until the next ensuing biennial election.]
1. If the district attorney dies, resigns, is removed, disappears or is permanently disabled from performing the duties of his office, the board of county commissioners shall appoint an interim or permanent replacement for the district attorney.
κ1991 Statutes of Nevada, Page 104 (CHAPTER 49, AB 109)κ
county commissioners shall appoint an interim or permanent replacement for the district attorney.
2. If the district attorney is temporarily disabled from performing the duties of his office:
(a) The chief deputy district attorney shall perform the duties of the district attorney while he is disabled. The chief deputy is entitled to the chief deputys regular salary while engaged in the performance of those duties.
(b) If there is no chief deputy, the board of county commissioners shall appoint an interim replacement for the district attorney.
3. A person appointed as an interim or permanent replacement for the district attorney pursuant to this section must be appointed at the first regularly scheduled meeting of the board of county commissioners following the event giving rise to the appointment. Any such event occurring within the time provided by NRS 241.020 for notice of the meeting is an emergency within the meaning of that section.
4. A person appointed as an interim replacement for the district attorney pursuant to this section:
(a) Is entitled to receive the same salary as the district attorney.
(b) Shall:
(1) If he is appointed pursuant to subsection 1, serve for not more than 60 days or until a permanent replacement is appointed, whichever occurs first.
(2) If he is appointed pursuant to subsection 2, serve for the duration of the disability of the district attorney or, if the district attorney resigns or is removed from office, for not more than 60 days after the resignation or removal or until a permanent replacement is appointed, whichever occurs first.
(c) May engage in the private practice of law for not more than 60 days after his appointment, to the extent permitted by NRS 245.0435. The limitation of time provided by this paragraph does not apply in any county of class 5, as classified in the table of annual salaries contained in NRS 245.043.
5. A person appointed as a permanent replacement for the district attorney pursuant to this section serves the remainder of the unexpired term.
________
κ1991 Statutes of Nevada, Page 105κ
Assembly Bill No. 113Committee on Government Affairs
CHAPTER 50
AN ACT relating to sheriffs; expanding the restriction on the practice of law by a sheriff; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 248.110 is hereby amended to read as follows:
248.110 [No] A sheriff shall [be allowed to] not engage in the practice of law . [in any court of which he is an officer.]
________
Assembly Bill No. 145Committee on Government Affairs
CHAPTER 51
AN ACT relating to local ethics committees; providing for the confidentiality of opinions rendered by such committees; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.541 is hereby amended to read as follows:
281.541 1. Any department, board, commission or other agency of the state or the governing body of a county or an incorporated city may establish a specialized or local ethics committee to complement the functions of the commission. Such a committee may:
(a) Establish a code of ethical standards suitable for the particular ethical problems encountered in its sphere of activity. The standards may not be less restrictive than the statutory ethical standards.
(b) Render an opinion upon the request of any public officer or employee of its own organization or level seeking an interpretation of its ethical standards on questions directly related to the propriety of his own future official conduct or refer the request to the commission. Any public officer or employee under such a committee shall direct his inquiry to that committee instead of the commission.
2. Such a committee shall not attempt to interpret or render an opinion regarding the statutory ethical standards.
3. Each request submitted to a local ethics committee, each opinion rendered by a committee and any motion relating to the opinion is confidential unless:
(a) The public officer or employee acts in contravention of the opinion; or
(b) The requester discloses the content of the opinion.
________
κ1991 Statutes of Nevada, Page 106κ
Assembly Bill No. 155Committee on Government Affairs
CHAPTER 52
AN ACT relating to local government investments; allowing local governments to invest in certain mutual funds; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 355.170 is hereby amended to read as follows:
355.170 1. Except as otherwise provided in subsection 2 and in NRS 354.750, a board of county commissioners or the governing body of an incorporated city may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years from the date of purchase.
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 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, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.
(c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase.
(d) Obligations of the United States Postal Service or the Federal National Mortgage Association, the maturity date of which is not more than 10 years from the date of purchase.
(e) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations.
(f) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.
(g) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to NRS 354.440.
(h) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers acceptances may not exceed 180 days maturity. Purchases of bankers acceptances may not exceed 10 percent of the money available to a local government for investment.
(i) Obligations of state and local governments if:
(1) The interest on the obligation is exempt from gross income for federal income tax purposes; and
κ1991 Statutes of Nevada, Page 107 (CHAPTER 52, AB 155)κ
(2) The obligation has been rated A or higher by one or more nationally recognized bond credit rating agencies.
(j) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated AAA by a nationally recognized rating service; and
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.
2. The securities described in paragraphs (a), (b) and (c) of subsection 1 may be purchased when, in the opinion of the board of county commissioners or the governing body of the city, there is sufficient money in any fund of the county or city to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.
3. When the board of county commissioners or governing body of the city has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
4. Any interest earned on money invested pursuant to subsection 2, may, at the discretion of the board of county commissioners or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county or incorporated city.
5. The board of county commissioners or governing body of an incorporated city may invest any money apportioned into funds and not invested pursuant to subsection 2 and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year from the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the county or incorporated city.
6. This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
________
Assembly Bill No. 172Committee on Government Affairs
CHAPTER 53
AN ACT relating to ground water; authorizing the state engineer to enter into interstate agreements for the management of ground water basins shared with an adjoining state; and providing other matters properly relating thereto.
[Approved April 8, 1991]
whereas, It is the policy of this state to encourage and support interstate cooperation in the management of ground water basins which are shared with an adjoining state, if the adjoining state has an entity which is capable of managing the water resource adequately; now, therefore,
κ1991 Statutes of Nevada, Page 108 (CHAPTER 53, AB 172)κ
an adjoining state, if the adjoining state has an entity which is capable of managing the water resource adequately; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 532 of NRS is hereby amended by adding thereto a new section to read as follows:
The state engineer, after a public hearing on the issue and with the approval of the director of the state department of conservation and natural resources, for and on behalf of the State of Nevada, is authorized to enter into agreements with neighboring states or their political subdivisions concerning cooperative management of ground water basins shared between the states.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 203Assemblymen Spriggs, Lambert, Kerns, Wendell Williams, McGaughey, Carpenter, Spitler, Bergevin, Myrna Williams, Little, Heller, Hardy, McGinness, Haller, Humke, Arberry, Norton, Bayley, Callister, Sader, Price, Porter, Freeman, Marvel, Dini, Wong, Scherer, Pettyjohn, Stout, Johnson, Geotting and Evans
CHAPTER 54
AN ACT relating to alcoholic beverages; prescribing the permitted activities of a domestic winery; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:
A winery located in a county of this state whose population is 30,000 or less, if it is federally bonded, may:
1. Import wine or juice from a bonded winery in another state, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both; and
2. Sell at retail or serve by the glass, on its premises, wine produced, blended or aged by the winery.
Sec. 2. NRS 598.353 is hereby amended to read as follows:
598.353 As used in NRS 598.355 to 598.359, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Alcoholic beverage means any spirituous, vinous or malt liquor which contains 1 percent or more ethyl alcohol by volume.
2. Engage in includes participation in a business as an owner or partner, or through a subsidiary, affiliate, ownership equity or in any other manner.
κ1991 Statutes of Nevada, Page 109 (CHAPTER 54, AB 203)κ
Sec. 3. NRS 598.355 is hereby amended to read as follows:
598.355 1. [A] Except as otherwise provided in section 1 of this act, a person engaged in the business of manufacturing, blending or bottling of alcoholic beverages shall not engage in the business of importing, wholesaling or retailing of alcoholic beverages by investment, loan or extension of credit in excess of normal terms prevalent in the industry, unless [such person] he was so engaged on or before May 1, 1975, and then only to the extent so engaged.
2. This section does not preclude any person engaged in the business of importing, wholesaling or retailing alcoholic beverages from owning less than 2 percent of the outstanding ownership equity in any organization which manufactures, blends or bottles alcoholic beverages.
Sec. 4. NRS 369.180 is hereby amended to read as follows:
369.180 In addition to the limitations imposed by NRS 598.355 and 598.357, a person shall not:
1. Import liquors into [the State of Nevada] this state unless he first secures an importers license or permit from [the State of Nevada.] this state.
2. Engage in business as a wholesale dealer of wines and liquors in [the State of Nevada] this state unless he first secures a wholesale wine and liquor dealers license from [the State of Nevada.] this state.
3. Engage in business as a wholesale dealer of beer in [the State of Nevada] this state unless he first secures a wholesale beer dealers license from [the State of Nevada.] this state.
4. Operate a winery in this state or export wine from this state unless he first secures a wine-makers license from this state.
Sec. 5. NRS 369.300 is hereby amended to read as follows:
369.300 The following is a schedule of fees to be charged for licenses:
Importers wine, beer and liquor license .................................................... $500
Importers beer license ................................................................................. 150
Wholesale wine, beer and liquor license .................................................... 250
Wholesale beer dealers license ................................................................... 75
Wine-makers license .................................................................................... 75
Sec. 6. NRS 369.500 is hereby amended to read as follows:
369.500 [No] Except as otherwise provided in section 1 of this act, no retailer or retail liquor dealer [shall] may purchase any liquor from other than a state-licensed wholesaler.
Sec. 7. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 110κ
Assembly Bill No. 204Assemblymen McGaughey, Dini, Marvel, Bergevin, Garner, Lambert, Spriggs, Freeman, Haller, Kerns, Little, Bennett, Elliott, Gibbons, Bayley, Humke, Spitler, McGinness, Scherer, Porter, Callister, Sader, Myrna Williams, Giunchigliani, Price, Geotting, Bache, Pettyjohn, Norton, Hardy, Stout, Carpenter, Heller, Arberry, Wong, Wendell Williams, Gregory, Krenzer and Petrak
CHAPTER 55
AN ACT relating to collegiate athletics; requiring national collegiate athletic associations to observe minimum procedural standards in proceedings involving member institutions in Nevada; creating a cause of action if those requirements are not observed; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds that:
1. National collegiate athletic associations are unincorporated associations consisting of public and private colleges and universities and are private monopolists that control intercollegiate athletics throughout the United States;
2. National collegiate athletic associations adopt rules governing the admission, academic eligibility and standards of financial aid for student athletes of member institutions;
3. Member institutions must agree contractually to administer their athletic programs in accordance with the rules of national collegiate athletic associations;
4. Procedures for the enforcement of the rules of national collegiate athletic associations have a substantial effect on the athletic programs of member institutions;
5. National collegiate athletic associations exercise great power over member institutions because of their monopolistic control over intercollegiate athletics and their power to bar from intercollegiate competition those member institutions that do not comply with the rules of the association;
6. Substantial monetary loss, serious disruption of athletic programs and significant damage to reputation and careers may result from the imposition of sanctions on a member institution, its employees, student athletes, students or boosters for violations of its rules; and
7. The potentially damaging consequences of proceedings that may result in the imposition of sanctions by a national collegiate athletic association or institution require that those proceedings be subject to the standards and requirements of this act.
Sec. 2. Chapter 398 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 14, inclusive, of this act.
Sec. 3. Proceeding means a proceeding by a national collegiate athletic association or an institution involving an institution located in this state or persons associated with an institution located in this state that may result in the imposition of a sanction for a violation of a rule of a national collegiate athletic association, including any related investigative action.
κ1991 Statutes of Nevada, Page 111 (CHAPTER 55, AB 204)κ
Sec. 4. 1. In any proceeding, all parties against whom a sanction may be imposed must be afforded an opportunity for a hearing after reasonable notice. The notice must include:
(a) A statement of the time, place and nature of the proceeding;
(b) A reference to the particular rules governing the proceeding; and
(c) A short and plain statement of the violations alleged and the facts underlying the allegations.
2. A party to a proceeding may be represented by counsel, is entitled to confront and respond to all witnesses and evidence related to the allegations against him and may call witnesses on his own behalf.
3. At least 30 days before any proceeding, all parties to a proceeding shall provide to all other parties all affidavits or other evidence to be introduced at the proceeding.
4. All written statements introduced as evidence at a proceeding must be notarized and signed under oath by the person making the statement.
5. Informal disposition may be made of any proceeding by stipulation, settlement or default. If an informal disposition is made, the parties to the proceeding may waive the requirements of findings of fact and a decision.
Sec. 5. A record must be kept of all proceedings. The record must include:
1. All pleadings, motions and rulings;
2. All evidence received or considered;
3. All matters officially noticed;
4. Questions, offers of proof, objections and rulings thereon;
5. Findings of fact and exceptions thereto; and
6. The decision rendered in the proceeding.
Sec. 6. At the request of any party to a proceeding, oral statements made at the proceeding must be transcribed.
Sec. 7. 1. Irrelevant, immaterial or unduly repetitious evidence must be excluded from a proceeding. Evidence may be admitted if it is of the type commonly relied upon by reasonable, prudent men in the conduct of their affairs.
2. The laws of this state relating to privilege must be observed in all proceedings.
3. Objections to evidentiary matters may be made and noted in the record of a proceeding.
4. Evidence may be received in written form if it will result in an expedited proceeding and will not substantially prejudice a party.
Sec. 8. A person presiding over a proceeding must be impartial and shall not communicate with a party to the proceeding concerning any issue of fact or law except upon notice and opportunity to participate by all parties.
Sec. 9. A decision must be rendered a reasonable time after the conclusion of a proceeding. The decision and the findings of fact must be based on substantial evidence in the record, and must be supported by a preponderance of such evidence.
Sec. 10. 1. A national collegiate athletic association shall not impose a sanction on any institution located in this state, its employees, student athletes, students or boosters, for a violation of the rules of the association, or impose a sanction on an institution located in this state or its athletic conference for failure of the institution to impose sanctions on its employees, student athletes, students or boosters, unless the association complies with the minimum procedural standards set forth in sections 4 to 14, inclusive, of this act.
κ1991 Statutes of Nevada, Page 112 (CHAPTER 55, AB 204)κ
impose a sanction on an institution located in this state or its athletic conference for failure of the institution to impose sanctions on its employees, student athletes, students or boosters, unless the association complies with the minimum procedural standards set forth in sections 4 to 14, inclusive, of this act.
2. Any finding of a violation by a national collegiate athletic association must be based upon and supported by a preponderance of evidence which is of the type commonly relied upon by reasonable and prudent men in the conduct of their affairs and which has been submitted and received in a hearing held and conducted in conformance with the provisions of sections 3 to 14, inclusive, of this act.
3. Any penalty or sanction imposed by a national collegiate athletic association must be reasonable in light of the nature and gravity of the violation and must be consistent with penalties and sanctions previously imposed by the national collegiate athletic association upon other member institutions for violations of similar nature and gravity.
Sec. 11. A national collegiate athletic association shall not:
1. Prevent an institution located in this state, its athletic conference or its student athletes, from athletic competition, free from sanctions, against other institutions, unless the minimum procedural standards required by sections 4 to 14, inclusive, of this act, are observed.
2. Threaten with sanctions an institution that seeks redress under the provisions of sections 4 to 14, inclusive, of this act.
3. Impair the rights or privileges of membership of any institution as a consequence of any rights granted under the provisions of sections 4 to 14, inclusive, of this act.
Sec. 12. 1. A district court may enjoin a national collegiate athletic association or institution from violating the provisions of sections 4 to 14, inclusive, of this act. In addition to any other relief granted, a party who brings an action for injunctive relief must be awarded costs and reasonable attorneys fees if successful in the action.
2. In addition to costs and reasonable attorneys fees, a national collegiate athletic association is liable to the aggrieved institution for an amount equal to 100 percent of the monetary loss per year or portion of a year which is suffered during the period that any monetary loss occurs as a result of a penalty imposed in violation of the provisions of sections 4 to 14, inclusive, of this act. To calculate monetary loss for the purposes of this subsection, 100 percent of the monetary loss per year shall be deemed to be equal to the gross amount realized by the affected athletic program during the immediately preceding calendar year.
Sec. 13. The remedies provided in sections 4 to 14, inclusive, of this act, are cumulative and in addition to any other remedies provided by law.
Sec. 14. Parties aggrieved by the decision in a proceeding are entitled to judicial review in district court in the same manner that decisions of state agencies are reviewed pursuant to chapter 233B of NRS.
Sec. 15. NRS 398.005 is hereby amended to read as follows:
398.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 398.015 to 398.075, inclusive, and section 3 of this act, have the meanings ascribed to them in those sections.
κ1991 Statutes of Nevada, Page 113 (CHAPTER 55, AB 204)κ
Sec. 16. 1. This act becomes effective upon passage and approval and applies to any proceeding or portion of a proceeding of a national collegiate athletic association which is conducted after the effective date of this act. This act does not apply to any portion of a proceeding of a national collegiate athletic association which is conducted before the effective date of the act.
2. As used in this section:
(a) National collegiate athletic association has the meaning ascribed to it in NRS 398.055.
(b) Proceeding has the meaning ascribed to it in section 3 of this act.
________
Assembly Bill No. 216Committee on Judiciary
CHAPTER 56
AN ACT relating to actions for possession of property; clarifying that district courts have jurisdiction over certain actions for possession of lands and tenements; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 40.253 is hereby amended to read as follows:
40.253 1. Except as otherwise provided in subsection 6, in addition to the remedy provided in NRS 40.2512 and in NRS 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved by the month or any shorter period, is in default in payment of the rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the fifth full day following the day of service. The notice must [advise] :
(a) Identify the court that has jurisdiction over the matter; and
(b) Advise the tenant of his right to contest the matter by filing, within 5 days, an affidavit with the [justice of the peace] court that has jurisdiction over the matter that he has tendered payment or is not in default in the payment of the rent.
If the tenant timely files the affidavit stating that he has either tendered payment of or paid the rent, the landlord or his agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.
2. Upon noncompliance with the notice:
(a) The landlord or his agent may apply by affidavit to the [justice of the peace] justices court of the township in which the dwelling, apartment, mobile home or commercial premises are located [. The justice of the peace] or to the district court of the county in which the dwelling, apartment, mobile home or commercial premises are located, whichever has jurisdiction over the matter.
κ1991 Statutes of Nevada, Page 114 (CHAPTER 56, AB 216)κ
the matter. The court may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit provided for in this paragraph must contain:
(1) The date the tenancy commenced.
(2) The amount of periodic rent reserved.
(3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first months rent, by the tenant.
(4) The date the rental payments became delinquent.
(5) The length of time the tenant has remained in possession without paying rent.
(6) The amount of rent claimed due and delinquent.
(7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.
(8) A copy of the written notice served on the tenant.
(9) A copy of the signed written rental agreement, if any.
(b) Except where the tenant has timely filed the affidavit described in subsection 1 and a file-stamped copy of it has been received by the landlord or his agent, the landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.
3. Upon the filing by the tenant of the affidavit permitted in subsection 1 and the filing by the landlord of the affidavit required by subsection 2, the [justice of the peace] justices court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the [justice of the peace] court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the [justice of the peace] court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant pursuant to subsection 2. If the [justice of the peace] court determines that there is a legal defense as to the alleged unlawful detainer, [he] the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which he may be entitled. If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514, the refusal by the [justice of the peace] court to grant relief does not preclude the landlord thereafter from pursuing an action for unlawful detainer in accordance with NRS 40.251.
4. The tenant may, upon payment of the appropriate fees [required by chapter 4 of NRS] relating to the filing and service of a motion, file a motion with the [justice of the peace,] court, on a form provided by the clerk of the [justices] court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed from the premises; and
κ1991 Statutes of Nevada, Page 115 (CHAPTER 56, AB 216)κ
(b) A copy of those charges has been requested by or provided to the tenant,
whichever is later.
5. Upon the filing of a motion pursuant to subsection 4, the [justice of the peace] court shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The [justice of the peace] court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the [justice of the peace] court may:
(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460, and any accumulating daily costs; and
(b) Order the release of the tenants property upon the payment of the charges determined to be due or if no charges are determined to be due.
6. This section does not apply to the tenant of a mobile home lot in a mobile home park or to the tenant of a recreational vehicle lot in an area of a mobile home park in this state other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215.
Sec. 2. NRS 40.254 is hereby amended to read as follows:
40.254 Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit which is subject to the provisions of chapter 118A of NRS, part of a low-rent housing program operated by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer, the landlord is entitled to the summary procedures provided in NRS 40.253 except that:
1. Written notice to surrender the premises must:
(a) Be given to the tenant in accordance with the provisions of NRS 40.280; [and]
(b) Advise the tenant of the court that has jurisdiction over the matter; and
(c) Advise the tenant of his right to contest the notice by filing within 5 days an affidavit with the [justice of the peace] court that has jurisdiction over the matter that he is not guilty of an unlawful detainer.
2. The affidavit of the landlord or his agent submitted to the [justice of the peace] justices court or the district court must contain:
(a) The date when the tenancy commenced, the term of the tenancy, and, if any, a copy of the rental agreement.
(b) The date when the tenancy or rental agreement allegedly terminated.
(c) The date when the tenant became subject to the provisions of NRS 40.251 to 40.2516, inclusive, together with any supporting facts.
(d) The date when the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280.
(e) A statement that the claim for relief was authorized by law.
3. If the tenant is found guilty of unlawful detainer as a result of his violation of any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, the landlord is entitled to be awarded any reasonable attorneys fees incurred by the landlord or his agent as a result of a hearing, if any, held pursuant to subsection 3 of NRS 40.253 wherein the tenant contested the eviction.
κ1991 Statutes of Nevada, Page 116 (CHAPTER 56, AB 216)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 217Committee on Judiciary
CHAPTER 57
AN ACT relating to future interests in property; limiting the effect of certain clauses providing the date of their vesting; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 111.1031 is hereby amended to read as follows:
111.1031 1. A nonvested property interest is invalid unless:
(a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of a natural person then alive; or
(b) The interest either vests or terminates within 90 years after its creation.
2. A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of a natural person then alive; or
(b) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.
3. A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of a natural person then alive; or
(b) The power is irrevocably exercised or otherwise terminates within 90 years after its creation.
4. In determining whether a nonvested property interest or a power of appointment is valid under paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, the possibility that a child will be born to a person after his or her death is disregarded.
5. If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of:
(a) The expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or
(b) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.
κ1991 Statutes of Nevada, Page 117 (CHAPTER 57, AB 217)κ
that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 219Committee on Judiciary
CHAPTER 58
AN ACT relating to limitation of actions; expanding the period of limitation for a cause of action for damages for injuries caused by sexual abuse which occurred when the plaintiff was a minor; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 11 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An action to recover damages for an injury to a person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than 18 years of age must be commenced within 3 years after the plaintiff:
(a) Reaches 18 years of age; or
(b) Discovers or reasonably should have discovered that his injury was caused by the sexual abuse,
whichever occurs later.
2. As used in this section, sexual abuse has the meaning ascribed to it in NRS 432B.100.
Sec. 2. NRS 11.190 is hereby amended to read as follows:
11.190 Actions other than those for the recovery of real property, unless further limited by specific statute, can only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.
κ1991 Statutes of Nevada, Page 118 (CHAPTER 58, AB 219)κ
claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term livestock, which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.
(d) Except as otherwise provided in NRS 112.230, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.
(e) An action pursuant to NRS 40.545 for damages sustained by a financial institution because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution of the facts constituting the concealment or false statement.
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the state, or both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) [An] Except as otherwise provided in section 1 of this act, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
κ1991 Statutes of Nevada, Page 119 (CHAPTER 58, AB 219)κ
Sec. 3. The provisions of this act apply to a cause of action filed:
1. On or after October 1, 1991, including any cause of action which would be barred by the application of the period of limitation applicable before October 1, 1991; and
2. Before October 1, 1991, and pending on October 1, 1991.
________
Assembly Bill No. 285Assemblymen Norton, Bennett, Petrak, Wendell Williams, Bache, Gibbons, Anderson, Freeman, Garner, Haller, Giunchigliani, Arberry, Johnson, Sader, Spitler and Myrna Williams
CHAPTER 59
AN ACT relating to state finances; removing the limitation on the amount of money available for a certain program of the welfare division of the department of human resources; making a supplemental appropriation to the welfare division for these programs; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 55 of chapter 611, Statutes of Nevada 1989, at page 1357, is hereby amended to read as follows:
Sec. 55. The total amounts appropriated in section 30 of this act to each of the accounts of the welfare division enumerated in section 52 of this act, except for the amounts appropriated for the state aid to the medically indigent program and the assistance to the aged and blind programs, are limits, and the division shall not request additional money for these programs.
Sec. 2. There is hereby appropriated from the state general fund to the welfare division of the department of human resources the sum of $2,442,000 for the program of state aid to the medically indigent. This appropriation is supplemental to that made by section 30 of chapter 611, Statutes of Nevada 1989, at page 1350.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 120κ
Senate Bill No. 3Committee on Commerce and Labor
CHAPTER 60
AN ACT relating to compensation for unemployment; permitting a person temporarily totally disabled to retain his previously established eligibility for benefits; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who has received compensation for a temporary total disability pursuant to chapter 616 or 617 of NRS or any similar federal law may elect a base period consisting of the first 4 of the last 5 completed calendar quarters immediately preceding the first day of the calendar week in which the disability began. An elected base period may be established only if the person files a claim for benefits not later than the fourth calendar week of unemployment after the end of the period of disability and files the claim within 3 years after the period of disability begins. If one calendar quarter of the described base period has been used in a previous determination of his entitlement to benefits, the elected base period must be the first 4 completed calendar quarters immediately preceding the first day of the calendar week in which the disability began.
2. A person who has elected a base period pursuant to subsection 1 and who had previously established a benefit year may establish a new benefit year consisting of the 52 consecutive weeks beginning with the first day of the first week with respect to which a valid claim is filed after the period of disability ends. The previously established benefit year terminates upon the beginning of the new benefit year.
Sec. 2. NRS 612.025 is hereby amended to read as follows:
612.025 1. [Base] Except as otherwise provided in section 1 of this act, base period means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of [an individuals] a persons benefit year, except that [in those instances in which 1] if one calendar quarter of the base period so established has been used in a previous determination of [an individuals] his entitlement to benefits the base period [shall be] is the first 4 completed calendar quarters immediately preceding the first day of [an individuals] his benefit year.
2. In the case of a combined wage claim pursuant to the reciprocal arrangements provided in NRS 612.295, the base period is that applicable under the unemployment compensation law of the paying state.
Sec. 3. NRS 612.030 is hereby amended to read as follows:
612.030 1. [With] Except as otherwise provided in section 1 of this act, with respect to any [individual,] person, benefit year means the [52-consecutive-week period] 52 consecutive weeks beginning with the first day of the week with respect to which a valid claim [shall be] is filed, and thereafter the [52-consecutive-week period] 52 consecutive weeks beginning with the first day of the first week with respect to which a valid claim [shall be] is filed after the termination of his last preceding benefit year.
κ1991 Statutes of Nevada, Page 121 (CHAPTER 60, SB 3)κ
with the first day of the first week with respect to which a valid claim [shall be] is filed after the termination of his last preceding benefit year.
2. In the case of a combined wage claim pursuant to the reciprocal arrangements provided in NRS 612.295, the benefit year is that applicable under the unemployment compensation law of the paying state.
3. Any claim for benefits made in accordance with NRS 612.450 and 612.455 shall be deemed to be a valid claim for the purposes of this section if the [individual] claimant has been paid wages for employment by employers as provided in paragraph (d) of subsection 1 of NRS 612.375.
Sec. 4. NRS 612.551 is hereby amended to read as follows:
612.551 1. [When] Except as otherwise provided in subsection 2, when the department has determined that a claimant has earned 75 percent or more of his wages during his base period from one employer, it shall notify the employer of its determination and advise him that he has a right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.
2. Benefits paid pursuant to an elected base period following a period of temporary total disability as provided in section 1 of this act must not be charged against the employers record for experience rating.
3. If the employer provides evidence within 10 days after the notice required by subsection 1 was mailed which satisfies the executive director that the claimant left his employment voluntarily without good cause or was discharged for misconduct connected with his employment, the executive director may order that the benefits not be charged against the [employers] employers record for experience rating.
[3.] 4. The employer may appeal the ruling of the executive director as to the cause of the termination of the claimants employment in the same manner as appeals may be taken from determinations relating to claims for benefits.
[4.] 5. No determination made pursuant to this section constitutes a basis for disqualifying a claimant to receive benefits.
________
Senate Bill No. 30Committee on Commerce and Labor
CHAPTER 61
AN ACT relating to dealers in secondhand materials; requiring dealers of secondhand materials to include certain information in reports to law enforcement agencies; exempting certain transactions from such reporting requirements; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 647.120 is hereby amended to read as follows:
647.120 1. [Every] Except as otherwise provided in subsection 4, every secondhand dealer doing business in [any] :
κ1991 Statutes of Nevada, Page 122 (CHAPTER 61, SB 30)κ
(a) Any unincorporated town shall, before 12 m. of each day, mail in duplicate to the sheriff of the county a full, true and correct transcript of the record of all transactions had on the preceding day.
[2. Every secondhand dealer doing business in any]
(b) Any incorporated city shall, before 12 m. of each day, furnish, by mail or any other means, in duplicate to the chief of police of the city, a full, true and correct transcript of the record of all transactions had on the preceding day.
[3.] 2. Every transcript prepared pursuant to subsection 1 must include, but is not limited to:
(a) The date and time of each transaction; and
(b) The identity of the secondhand dealer or employee who conducted the transaction.
The person conducting the transaction shall legibly print or type his full name and write his signature on the transcript. Each transcript must include a certificate, signed by the person selling the property to the secondhand dealer, stating that he has the legal right to sell the property.
3. Every secondhand dealer doing business in an unincorporated town or in an incorporated city having good cause to believe that any property in his possession has been previously lost or stolen shall forthwith report that fact to the sheriff or chief of police, respectively, together with the name of the owner if known, and the date when and the name of the person from whom he received the property.
4. The provisions of subsection 1 do not apply to any transaction which involves buying, selling or trading used:
(a) Books, periodicals or sound recordings;
(b) Clothing; or
(c) Coins which are not part of any jewelry.
________
Senate Bill No. 47Committee on Government Affairs
CHAPTER 62
AN ACT relating to elections; increasing the fee for filing a declaration or an acceptance of candidacy for the office of justice of the peace; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.193 is hereby amended to read as follows:
293.193 1. Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy must be paid to the filing officer by cash, cashiers check or certified check.
United States Senator ..................................................................... $250
Representative in Congress ........................................................... 150 Governor $150
κ1991 Statutes of Nevada, Page 123 (CHAPTER 62, SB 47)κ
Governor ........................................................................................... $150
Justice of the supreme court .......................................................... 150
Any state office, other than governor or justice of the supreme court 100
District judge .................................................................................... 75
Justice of the peace ........................................................................ 50
Any county office ........................................................................... 40
State senator .................................................................................... 30
Assemblyman .................................................................................. 15
Any district office other than district judge ................................ 15
[Justice of the peace, constable] Constable or other town or township office .......................................................................................................... 10
For the purposes of this subsection, trustee of a county school district, hospital or hospital district is not a county office.
2. No filing fee may be required from a candidate for an office the holder of which receives no compensation.
3. The county clerk shall pay to the county treas urer all filing fees received by him from candidates. The county treasurer shall deposit the money to the credit of the general fund of the county.
________
Senate Bill No. 89Committee on Judiciary
CHAPTER 63
AN ACT relating to crimes against the person; eliminating the crime of assault with intent to commit various other crimes; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.400 is hereby amended to read as follows:
200.400 1. As used in this section, [except in the term sexual assault:
(a) Assault means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
(b) Battery] battery means any willful and unlawful use of force or violence upon the person of another.
2. [Unless a greater penalty is provided in NRS 200.471, any person convicted of assault with intent to kill, commit sexual assault, mayhem, robbery or grand larceny shall be punished for a gross misdemeanor.
3.] Any person convicted of battery with intent to kill, commit sexual assault, mayhem, robbery or grand larceny shall be punished by imprisonment in the state prison for not less than 2 years nor more than 10 years, and may be further punished by a fine of not more than $10,000, except that if a battery with intent to commit a sexual assault is committed, and if the crime results in substantial bodily harm to the victim, the person convicted shall be punished by imprisonment in the state prison for life, with or without the possibility of parole, as determined by the verdict of the jury, or the judgment of the court if there is no jury.
κ1991 Statutes of Nevada, Page 124 (CHAPTER 63, SB 89)κ
punished by imprisonment in the state prison for life, with or without the possibility of parole, as determined by the verdict of the jury, or the judgment of the court if there is no jury.
[4.] 3. If the penalty is fixed at life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
Sec. 2. NRS 200.471 is hereby amended to read as follows:
200.471. 1. As used in this section:
(a) Assault means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
(b) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department; or
(4) A jailer, guard, matron or other correctional officer of a city or county jail.
2. Any person convicted of an assault shall be punished:
(a) If [subsection 2 of NRS 200.400 and] paragraph (c) of this subsection [do] does not apply to the circumstances of the crime and the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If the assault is committed upon an officer who is performing his duty and the person charged knew or should have known that the victim was an officer, for a gross misdemeanor, unless the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 3. NRS 207.151 is hereby amended to read as follows:
207.151 Sex offender as used in NRS 207.151 to 207.157, inclusive, means any person who, after July 1, 1956, has been or is convicted of:
1. Assault with intent to commit a sexual assault . [under NRS 200.400.]
2. A violation of any of the provisions of NRS 200.366, 200.368, 200.710, 200.720, 201.180, 201.210, 201.220 or 201.230.
3. An attempt to commit any offense listed in subsection 1 or 2.
4. A second or subsequent violation of the provisions of NRS 200.730.
5. An offense in any place other than the State of Nevada which, if committed in this state, would be punishable as an offense listed in subsection 1, 2 or 3.
Sec. 4. NRS 207.360 is hereby amended to read as follows:
207.360 Crime related to racketeering means the commission of, attempt to commit or conspiracy to commit any of the following crimes:
1. Murder;
2. Manslaughter;
κ1991 Statutes of Nevada, Page 125 (CHAPTER 63, SB 89)κ
3. Mayhem;
4. Battery which is punished as a felony;
5. Kidnaping;
6. Sexual assault;
7. Arson;
8. Robbery;
9. Taking property from another under circumstances not amounting to robbery;
10. Extortion;
11. Statutory sexual seduction;
12. Extortionate collection of debt in violation of NRS 205.322;
13. Forgery;
14. Resisting, delaying or obstructing a public officer;
15. Burglary;
16. Grand larceny;
17. Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;
18. [Assault or battery] Battery with intent to commit a crime in violation of NRS 200.400;
19. Assault with a deadly weapon;
20. Any violation of NRS 453.232, 453.316 to 453.338, inclusive, or 453.375 to 453.401, inclusive;
21. Receiving or transferring a stolen vehicle;
22. Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;
23. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
24. Receiving, possessing or withholding stolen goods valued at $100 or more;
25. Embezzlement of money or property valued at $100 or more;
26. Obtaining possession of money or property valued at $100 or more, or obtaining a signature by means of false pretenses;
27. Perjury or subornation of perjury;
28. Offering false evidence;
29. Any violation of NRS 201.300 or 201.360; or
30. Any violation of NRS 90.570, 91.230, 686A.290 or 686A.291.
Sec. 5. NRS 48.069 is hereby amended to read as follows:
48.069 In any prosecution for sexual assault or for [assault with intent to commit,] attempt to commit or conspiracy to commit a sexual assault, if the accused desires to present evidence of any previous sexual conduct of the victim of the crime to prove the victims consent:
1. The accused [shall] must first submit to the court a written offer of proof, accompanied by a sworn statement of the specific facts that he expects to prove and pointing out the relevance of the facts to the issue of the victims consent.
2. If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at the hearing allow the questioning of the victim regarding the offer of proof.
κ1991 Statutes of Nevada, Page 126 (CHAPTER 63, SB 89)κ
3. At the conclusion of the hearing, if the court determines that the offered evidence:
(a) Is relevant to the issue of consent; and
(b) Is not required to be excluded under NRS 48.035, the court shall make an order stating what evidence may be introduced by the accused and the nature of the questions which he is permitted to ask. The accused may then present evidence or question the victim pursuant to the order.
Sec. 6. NRS 50.090 is hereby amended to read as follows:
50.090 In any prosecution for sexual assault or statutory sexual seduction or for [assault with intent to commit,] attempt to commit or conspiracy to commit either crime, the accused may not present evidence of any previous sexual conduct of the victim of the crime to challenge the victims credibility as a witness unless the prosecutor has presented evidence or the victim has testified concerning such conduct, or the absence of such conduct, in which case the scope of the accuseds cross-examination of the victim or rebuttal [shall] must be limited to the evidence presented by the prosecutor or victim.
Sec. 7. NRS 175.186 is hereby amended to read as follows:
175.186 1. In any prosecution for sexual assault or statutory sexual seduction or for an [assault with intent to commit,] attempt to commit or conspiracy to commit either crime, the term unchaste character may not be used with reference to the alleged victim of the crime in any instruction to the jury.
2. In a prosecution for sexual assault or statutory sexual seduction, the court may not give any instructions to the jury to the effect that it is difficult to prove or establish the crime beyond a reasonable doubt.
Sec. 8. The amendatory provisions of this act do not apply to the prosecution of any criminal acts alleged to have been committed before October 1, 1991.
________
Senate Bill No. 126Senator Raggio
CHAPTER 64
AN ACT relating to facsimile machines; prohibiting the unsolicited transmission of an advertisement by a facsimile machine; providing a penalty; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a person shall not make or cause to be made an unsolicited electronic or telephonic transmission to a facsimile machine to solicit a person to purchase real property, goods or services.
κ1991 Statutes of Nevada, Page 127 (CHAPTER 64, SB 126)κ
2. The provisions of subsection 1 do not apply to an unsolicited electronic or telephonic transmission sent to a person who has a preexisting business relationship with the person who makes or causes the transmission to be made.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
4. As used in this section, facsimile machine means a device which receives and copies a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.
________
Senate Bill No. 164Senators Adler, Coffin, Cook, Getto, Hickey, Jacobsen, Neal, Nevin, Raggio, Rawson, Shaffer, Smith, Titus and Vergiels
CHAPTER 65
AN ACT making an appropriation to the state public works board for the cost of repairing and reinforcing the building that houses the Nevada state museum; requiring the repayment of that appropriation under certain circumstances; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the state public works board the sum of $55,000 for the cost to repair and reinforce the building that houses the museum.
2. The money appropriated pursuant to subsection 1 must be repaid to the state general fund from the proceeds of any general obligation bonds issued for the repair and reinforcement of the building that houses the Nevada state museum. The money must be repaid immediately upon the sale of those bonds.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 128κ
Senate Bill No. 296Committee on Judiciary
CHAPTER 66
AN ACT relating to aid to certain victims of crime; authorizing the payment of compensation for psychological counseling to the members of the victims immediate family who do not reside with the victim; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.160 is hereby amended to read as follows:
217.160 The hearing officer may order the payment of compensation:
1. To or for the benefit of the victim;
2. If the victim has suffered personal injury, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury;
3. If the victim dies, to or for the benefit of any one or more of the dependents of the victim; or
4. To a member of the victims household or immediate family for psychological counseling for emotional trauma suffered by the member as a result of the crime of murder as defined in NRS 200.010. As used in this subsection [, household] :
(a) Household means an association of persons who live in the same home or dwelling and who:
[(a)] (1) Have significant personal ties to the victim; or
[(b)] (2) Are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.
(b) Immediate family means persons who are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.
________
Senate Bill No. 374Committee on Commerce and Labor
CHAPTER 67
AN ACT relating to industrial insurance; revising the time for notification to the commissioner of insurance and employers by the manager of the state industrial insurance system concerning changes in the premiums or multipliers; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.380 is hereby amended to read as follows:
616.380 1. In addition to the authority given the manager to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the manager:
κ1991 Statutes of Nevada, Page 129 (CHAPTER 67, SB 374)κ
(a) Shall apply that form of rating system which, in his judgment, is best calculated to rate each individual risk more equitably, predicated upon the basis of the employers individual experience;
(b) Shall adopt equitable regulations controlling the rating of each risk, which regulations, however, must conserve to each risk the basic principles of industrial insurance; and
(c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.
2. The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate, additional charge of premiums or payment of dividends must be in the discretion of the manager.
3. The rating system provided by this section is subject to the following further limitations:
(a) All studies conducted by the manager to determine the adequacy of rate levels and the equity of rates among classifications must be conducted in the presence of an actuary designated by the commissioner.
(b) The manager shall file revised premium rates, revised classifications of employment and changes of the multiplier applied generally to classes of risk with the commissioner and give written public notice to the employers affected by the changes at least:
(1) [Ninety] Sixty days before the effective date of any projected change in premiums or projected change of multiplier; and
(2) Thirty days before the effective date of any change decided upon.
The commissioner shall review the revised rates and classifications and advise the manager of the changes which are not consistent with NRS 686B.050 and 686B.060.
(c) Any employer affected by a change in a premium rate may request the commissioner to hold a hearing before the effective date of the change. At the hearing, the commissioner shall consider the objections raised by any party appearing at the hearing.
(d) Premium rates may not be fixed at a level higher than that required to:
(1) Pay the obligations created by this chapter and associated administrative expenses.
(2) Provide for a reasonable reserve for claims.
(3) Provide for contingencies such as a catastrophe, economic change, change in judicial interpretations of the law, legislative amendments of the law, deficiencies in the reserve and other events which cannot be predicted accurately and could endanger the solvency of the fund.
The commissioner may order the manager to make any adjustments necessary to meet the requirements of this paragraph.
4. In determining and fixing premium rates, the manager may establish a varying schedule of rates for workers who are in the classification of employment designated as construction which reflects the varying hourly rates of wages paid to such workers.
5. Subsections 2 and 3 do not apply to rating plans made by voluntary agreement between the manager and employer which increases or reduces premiums for the employer. The voluntary rating plans may be retrospective in nature.
κ1991 Statutes of Nevada, Page 130 (CHAPTER 67, SB 374)κ
in nature. A voluntary rating plan must be in writing and signed by [both] the manager and the employer.
________
Senate Bill No. 384Committee on Commerce and Labor
CHAPTER 68
AN ACT relating to industrial insurance; amending Senate Bill No. 374 of this session to advance its effective date; and providing other matters properly relating thereto.
[Approved April 8, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Senate Bill No. 374 of this session is hereby amended by adding thereto a new section to read as follows:
Sec. 2. This act becomes effective upon passage and approval.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 53Committee on Judiciary
CHAPTER 69
AN ACT relating to records of criminal history; allowing a public administrator and a public guardian to have access to records of criminal history; and providing other matters properly relating thereto.
[Approved April 10, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
κ1991 Statutes of Nevada, Page 131 (CHAPTER 69, AB 53)κ
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
4. The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.
5. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The gaming control board.
(d) The private investigators licensing board to investigate an applicant for a license.
(e) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.
(f) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.
(g) Any agency of criminal justice of the United States or of another state or the District of Columbia.
[(f)] (h) Any public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
[(g)] (i) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
[(h)] (j) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
[(i)] (k) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
[(j)] (l) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
[(k)] (m) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
κ1991 Statutes of Nevada, Page 132 (CHAPTER 69, AB 53)κ
6. Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
________
Senate Bill No. 105Committee on Judiciary
CHAPTER 70
AN ACT relating to limitation of actions; making retroactive the periods of limitation on actions for damages caused by deficiencies in construction of improvements to real property; and providing other matters properly relating thereto.
[Approved April 10, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Except as otherwise provided in subsection 2, the periods of limitation on actions set forth in NRS 11.203, 11.204 and 11.205 apply retroactively to actions in which the substantial completion of the improvement to the real property occurred before July 1, 1983.
2. The provisions of subsection 1 do not limit an action:
(a) That was commenced before the effective date of this act; or
(b) If so doing would constitute an impairment of the obligation of contracts under the Constitution of the United States or the constitution of the State of Nevada.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 323Committee on Judiciary
CHAPTER 71
AN ACT relating to estates of deceased persons; restricting the reopening of an estate based upon the discovery of a will or a later-dated will; and providing other matters properly relating thereto.
[Approved April 10, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 151.240 is hereby amended to read as follows:
151.240 1. [The]
1. Except as otherwise provided in subsection 2, the final settlement of an estate does not prevent:
κ1991 Statutes of Nevada, Page 133 (CHAPTER 71, AB 323)κ
[1.] (a) The reopening of the estate for the purpose of administering other property which has been discovered or for correcting errors made in the description of the property administered.
[2.] (b) The subsequent issuance of letters testamentary or letters of administration if it becomes necessary or proper for any cause, that letters should again be issued.
2. In the absence of fraud, an estate must not be reopened based upon the discovery of:
(a) A will, if the estate was administered as if the decedent had died intestate; or
(b) A will dated later than the will that was probated.
________
Assembly Bill No. 353Assemblymen Anderson, Spitler, Goetting, Pettyjohn, Petrak, Gregory, Bergevin, Porter, Wendell Williams, Krenzer, Norton, Haller, Kerns, Freeman, McGaughey, Scherer, Gibbons, Carpenter, Johnson, Bayley, Wong, Little, Arberry, Giunchigliani, Dini, Myrna Williams, Callister, Marvel, McGinness, Heller, Spriggs, Lambert and Bache
CHAPTER 72
AN ACT relating to motor vehicles; authorizing the issuance of a special license plate to a recipient of the Purple Heart; and providing other matters properly relating thereto.
[Approved April 10, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who qualifies pursuant to this section may register one passenger car or light commercial vehicle having a manufacturers rated carrying capacity of 1 ton or less, for his own personal use. A veteran of the Armed Forces of the United States who was awarded the Purple Heart is entitled to a specially designed license plate which indicates that he is a recipient of the Purple Heart.
2. The department shall issue a specially designed license plate for any person qualified pursuant to this section who submits an application on a form prescribed by the department and evidence of his status as a recipient of the Purple Heart as required by the department. The department may designate any appropriate colors for the special plates.
3. If, during a registration year, the holder of a special plate issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or
κ1991 Statutes of Nevada, Page 134 (CHAPTER 72, AB 353)κ
(b) Within 30 days after removing the plates from the vehicle, return them to the department.
4. The fee for the special license plate is $25, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $2.
Sec. 2. NRS 482.270 is hereby amended to read as follows:
482.270 1. Except as otherwise provided in NRS 482.379 [,] and section 1 of this act, the director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.
2. The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
3. Every license plate must have displayed upon it:
(a) The registration number (or combination of letters and numbers) assigned to the vehicle and to the owner thereof;
(b) The name of the state, which may be abbreviated;
(c) If issued for a calendar year, the year; and
(d) If issued for a registration period other than a calendar year, the month and year the registration expires.
4. The letters I and Q must not be used in the designation.
5. Except as otherwise provided by NRS 482.379, all letters and numbers must be of the same size.
________
Assembly Bill No. 8Committee on Commerce
CHAPTER 73
AN ACT relating to crimes against persons; authorizing the organization of multi-disciplinary teams to assist in the coordination of protective services for older persons; prohibiting the discovery of the content of discussions by such teams; declaring certain information to be inadmissible; and providing other matters properly relating thereto.
[Approved April 11, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.5098 is hereby amended to read as follows:
200.5098 1. The aging services division of the department of human resources shall:
κ1991 Statutes of Nevada, Page 135 (CHAPTER 73, AB 8)κ
[1.] (a) Identify and record demographic information on the older person who is alleged to have been abused, neglected or exploited and the person who is alleged to be responsible for the abuse, neglect or exploitation.
[2.] (b) Obtain information from programs for preventing abuse of older persons, analyze and compare the programs, and make recommendations to assist the organizers of the programs in achieving the most efficient and effective service possible.
[3.] (c) Publicize the provisions of NRS 200.5091 to 200.5099, inclusive.
2. The administrator of the aging services division of the department may organize one or more teams to assist in strategic assessment and planning of protective services, issues regarding the delivery of service, programs or individual plans for preventing, identifying, remedying or treating abuse, neglect or exploitation of older persons. Members of the team serve at the invitation of the administrator and must be experienced in preventing, identifying, remedying or treating abuse, neglect or exploitation of older persons. The team may include representatives of other organizations concerned with education, law enforcement or physical or mental health.
3. The team may receive otherwise confidential information and records pertaining to older persons to assist in assessing and planning. The confidentiality of any information or records received must be maintained under the terms or conditions required by law. The content of any discussion regarding information or records received by the team pursuant to this subsection is not subject to discovery and a member of the team shall not testify regarding any discussion which occurred during the meeting. Any information disclosed in violation of this subsection is inadmissible in all judicial proceedings.
________
Assembly Bill No. 55Committee on Judiciary
CHAPTER 74
AN ACT relating to social workers; clarifying the duty of social workers to report the abuse, neglect or exploitation of older persons, regardless of whether the information was obtained in a privileged communication; making the same clarification to the duty of social workers to report certain conduct by nursing assistants; and providing other matters properly relating thereto.
[Approved April 11, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. If any of the persons listed in subsection 2 suspects an instance of abuse, neglect or exploitation of an older person, he shall immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected or exploited, report his suspicion to:
(a) The local office of the welfare or aging services division of the department of human resources;
κ1991 Statutes of Nevada, Page 136 (CHAPTER 74, AB 55)κ
(b) Any police department or sheriffs office; or
(c) The countys office for protective services, if one exists in the county where the suspected action occurred.
If the report of abuse, neglect or exploitation involves an act or omission of the welfare division, aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatrist, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect or exploitation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect or exploitation from the offender during a confession . [, or a social worker.]
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.
(g) Any employee of the 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.
(k) Every social worker.
3. Every physician who, as a member of the staff of a hospital or similar institution, has reason to believe that an older person has been abused, neglected or exploited shall notify the superintendent, manager or other person in charge of the institution. The superintendent, manager or other person in charge shall make a report as required in subsection 1.
4. A report may be filed by any other person.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report within 3 working days.
κ1991 Statutes of Nevada, Page 137 (CHAPTER 74, AB 55)κ
6. If the investigation of the report results in the belief that the older person is abused, neglected or exploited, the welfare division of the department of human resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
Sec. 2. NRS 632.2862 is hereby amended to read as follows:
632.2862 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.]
(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.
(k) Every social worker.
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.
________
κ1991 Statutes of Nevada, Page 138κ
Assembly Bill No. 93Committee on Transportation
CHAPTER 75
AN ACT relating to juvenile probation officers; eliminating the requirement that certain officers be certified by the peace officers standards and training committee; and providing other matters properly relating thereto.
[Approved April 11, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.054 is hereby amended to read as follows:
481.054 The following officers and employees of state and local government must be certified by the committee:
1. The bailiff of the supreme court;
2. The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests;
3. Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;
4. Constables and their deputies whose official duties require them to carry weapons and make arrests;
5. Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;
6. Inspectors employed by the public service commission of Nevada who exercise those enforcement powers conferred by chapters 704, 705 and 706 of NRS;
7. Marshals, policemen and correctional officers of cities and towns;
8. Parole and probation officers;
9. Special investigators who are employed full time by the office of any district attorney or the attorney general;
10. Investigators of arson for fire departments who are specially designated by the appointing authority;
11. Members of the police department of the University of Nevada System;
12. The assistant and deputies of the state fire marshal;
13. The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred in chapter 565 of NRS;
14. Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
15. The superintendents and correctional officers of the department of prisons;
16. Employees of the division of state parks of the department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;
17. School police officers employed by the board of trustees of any county school district;
18. Agents of the state gaming control board who:
(a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or
κ1991 Statutes of Nevada, Page 139 (CHAPTER 75, AB 93)κ
(b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,
except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
19. The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;
20. Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;
21. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;
22. The personnel of the department of wildlife who exercise those enforcement powers conferred by Title 45 and chapter 488 of NRS;
23. Legislative police officers of the State of Nevada;
24. Police officers of the buildings and grounds division of the department of general services;
25. Parole counselors of the youth services division of the department of human resources;
26. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada [;] whose official duties require them to enforce court orders on juvenile offenders and make arrests;
27. Field investigators of the taxicab authority; and
28. Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.
Sec. 2. NRS 62.120 is hereby amended to read as follows:
62.120 1. In counties whose population is less than 100,000, the probation officer under the general supervision of the judge or judges and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and detention home, including the social, financial and clerical work, and he shall perform such other duties as the judge directs. All information obtained in discharge of official duty by an officer or other employee of the court is privileged and must not be disclosed to anyone other than the judge and others entitled under this chapter to receive that information, unless otherwise ordered by the judge.
2. Probation officers and assistant probation officers who are required to be certified by NRS 481.054 have the same powers as peace officers when performing duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
3. Every effort must be made by a county to provide sufficient personnel for the probation department to uphold the concept of separation of powers in the court process.
Sec. 3. NRS 62.122 is hereby amended to read as follows:
62.122 1. The probation officer under the general supervision of the director of juvenile services and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and detention home, including the social, financial and clerical work, and he shall perform such other duties as the director of juvenile services directs.
κ1991 Statutes of Nevada, Page 140 (CHAPTER 75, AB 93)κ
work, and he shall perform such other duties as the director of juvenile services directs. All information obtained in discharge of official duty by an officer or other employee of the court is privileged and must not be disclosed to anyone other than the director of juvenile services and others entitled under this chapter to receive such information, unless otherwise permitted by the director of juvenile services.
2. Probation officers and assistant probation officers who are required to be certified by NRS 481.054 have the same powers as peace officers when performing duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
________
Assembly Bill No. 102Assemblymen Goetting, Myrna Williams, McGaughey, Porter, Bergevin, Callister, Lambert, Norton, Freeman and Bache
CHAPTER 76
AN ACT relating to charitable solicitation; requiring the governing bodies of certain counties and cities to adopt an ordinance allowing, under certain circumstances, solicitors for certain charitable organizations to solicit contributions while standing on the median strip of any highway within the jurisdiction of the county or city; allowing other counties and cities to adopt such ordinances; and providing other matters properly relating thereto.
[Approved April 11, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The boards of county commissio ners of a county whose population is more than 400,000 shall provide by ordinance for the issuance of permits to charitable organizations which allow the holders to solicit charitable contributions for the respective organization while standing on the median strip of any highway or the sidewalk adjacent to the highway within the jurisdiction of the county. The county shall, upon receipt of the completed application, issue the permit for the period requested which may not exceed 3 days in a calendar year. The county may reasonably limit the time, place and manner of the solicitation to preserve public safety. In no case may a person whose age is less than 18 years be permitted to participate in the solicitation. The board of county commissioners of a county whose population is 400,000 or less may provide for such permits in the same manner.
2. The board may charge a fee for such a permit which does not exceed:
(a) An amount reasonably calculated to reimburse the county for its administrative costs in considering and processing the application; or
(b) Fifty dollars,
whichever is less.
κ1991 Statutes of Nevada, Page 141 (CHAPTER 76, AB 102)κ
3. The charitable organization:
(a) Shall indemnify the county against any injury to any person or property during the solicitation which arises from or is incident to the act of solicitation; and
(b) Is liable for any injury to any person or property during the solicitation which arises from the negligence of the soliciting agent.
4. As used in this section:
(a) Charitable organization means an organization which:
(1) The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and
(2) Holds a current certificate of organization or is currently qualified by the secretary of state to do business in this state.
(b) Highway means the entire width between the boundary lines of every way maintained by a public authority when any part thereof is open to the use of the public for purposes of vehicular traffic. The term does not include a freeway as that term is defined in NRS 408.060.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of each city in a county whose population is more than 400,000 shall provide by ordinance for the issuance of permits to charitable organizations which allow the holders to solicit charitable contributions for the respective organization while standing on the median strip of any highway or the sidewalk adjacent to the highway within the jurisdiction of the city. The city shall, upon receipt of the completed application, issue the permit for the period requested which may not exceed 3 days in a calendar year. The city may reasonably limit the time, place and manner of the solicitation to preserve public safety. In no case may a person whose age is less than 18 years be permitted to participate in the solicitation. The governing body of each city in a county whose population is 400,000 or less may provide for such permits in the same manner.
2. The city may charge a fee for such a permit which does not exceed:
(a) An amount reasonably calculated to reimburse the city for its administrative costs in considering and processing the application; or
(b) Fifty dollars,
whichever is less.
3. The charitable organization:
(a) Shall indemnify the city against any injury to any person or property during the solicitation which arises from or is incident to the act of solicitation; and
(b) Is liable for any injury to any person or property during the solicitation which arises from the negligence of the soliciting agent.
4. As used in this section:
(a) Charitable organization means an organization which:
(1) The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and
(2) Holds a current certificate of organization or is currently qualified by the secretary of state to do business in this state.
κ1991 Statutes of Nevada, Page 142 (CHAPTER 76, AB 102)κ
(b) Highway means the entire width between the boundary lines of every way maintained by a public authority when any part thereof is open to the use of the public for purposes of vehicular traffic. The term does not include a freeway as that term is defined in NRS 408.060.
Sec. 3. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
No action may be brought under NRS 41.031 or against an officer or employee of the state or any of its agencies or political subdivisions which is based upon any injuries to any person or property arising from or incident to the act of solicitation permitted pursuant to section 1, 2 or 6 of this act.
Sec. 4. NRS 41.0307 is hereby amended to read as follows:
41.0307 As used in NRS 41.031 to 41.039, inclusive [:] , and section 3 of this act:
1. Employee includes an employee of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
2. Employment includes any services performed by an immune contractor.
3. Immune contractor means any natural person, professional corporation or professional association which:
(a) Is an independent contractor with the state pursuant to NRS 284.173; and
(b) Contracts to provide medical services for the department of prisons.
As used in this subsection, professional corporation and professional association, have the meanings ascribed to them in NRS 89.020.
4. Public officer or officer includes:
(a) A member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
(b) A public defender and any deputy or assistant attorney of a public defender.
Sec. 5. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and section 3 of this act and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this section, in a court of competent jurisdiction of this state, against the State of Nevada, any agency of the state, or any political subdivision of the state. In an action against the state or any agency of the state, the State of Nevada must be named as defendant, and the summons and a copy of the complaint must be served upon the secretary of state.
κ1991 Statutes of Nevada, Page 143 (CHAPTER 76, AB 102)κ
state. The secretary of state shall deliver a copy of the complaint to the risk management division of the department of administration.
3. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United State s.
Sec. 6. Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any necessary county or city permit, a person shall not solicit contributions while standing on the median strip of any highway or the sidewalk adjacent to the highway within the jurisdiction of the department without a permit to do so issued by the director.
2. The director shall establish standards for the issuance of permits to charitable organizations which allow the holders to solicit charitable contributions for the respective organization while standing on the median strip of any highway or the sidewalk adjacent to the highway within the jurisdiction of the department. The director shall expeditiously consider each application for such a permit. The application must be accompanied by evidence that a county or city has issued a permit to the organization for solicitation within its jurisdiction during the same period requested in the application. The director may reasonably limit the time, place and manner of the requested solicitation to preserve public safety.
3. The charitable organization:
(a) Shall indemnify the State of Nevada against any injury to any person or property during the solicitation which arises from or is incident to the act of solicitation; and
(b) Is liable for any injury to any person or property during the solicitation which arises from the negligence of the soliciting agent.
4. As used in this section:
(a) Charitable organization means an organization which:
(1) The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and
(2) Holds a current certificate of organization or is currently qualified by the secretary of state to do business in this state.
(b) Highway means the entire width between the boundary lines of every way maintained by a public authority when any part thereof is open to the use of the public for purposes of vehicular traffic. The term does not include a freeway.
Sec. 7. NRS 484.331 is hereby amended to read as follows:
484.331 1. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent highway.
2. Pedestrians walking along highways where sidewalks are not provided shall walk on the left side of such highways facing the approaching traffic.
3. A person shall not stand in a highway [for the purpose of soliciting] to solicit a ride or any business from the driver or any occupant of a vehicle. A person shall not, without a permit issued pursuant to section 1 or 2 of this act, solicit any contribution from the driver or any occupant of a vehicle.
4. It is unlawful for any pedestrian who is under the influence of intoxicating liquors or any narcotic or stupefying drug to be within the traveled portion of any highway.
κ1991 Statutes of Nevada, Page 144 (CHAPTER 76, AB 102)κ
5. The provisions of this section apply also to riders of animals.
Sec. 8. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 174Committee on Government Affairs
CHAPTER 77
AN ACT relating to public utilities; requiring certain public utilities to obtain the permission of the public service commission of Nevada before disposing of or encumbering their property; expanding the public utilities to which the simplified procedure for a change in rates is available; and providing other matters properly relating thereto.
[Approved April 11, 1991]
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. It is unlawful for any public utility which serves 3,000 or fewer persons and furnishes water or services for the disposal of sewage, or both, to:
(a) Sell, lease or otherwise dispose of; or
(b) Encumber by mortgage, deed of trust, security agreement or otherwise, any or all of its real property or goods, including fixtures, or any combination thereof which are necessary in the present or future performance of its duties to the public regarding water or sewage without first obtaining approval from the commission which authorizes the public utility to do so. This limitation applies to any interest in real property, including, without limitation, easements and water rights.
2. Any such action:
(a) Which is not taken in accordance with the approval of the commission; or
(b) Which is taken without obtaining the approval from the commission,
is void.
3. If the public utility is disposing of all of its real property and goods, the commission shall hold a public hearing on the matter before determining whether to approve the disposal.
4. The commission shall adopt regulations which set forth the types and quantities of property and goods that are necessary in the performance of the duties of the various classes of public utilities.
5. The provisions of this section are not intended to limit the regulatory authority of the commission granted in other sections of this chapter.
Sec. 2. NRS 704.095 is hereby amended to read as follows:
704.095 The commission shall adopt regulations which provide a simplified procedure for a change of rates for those public utilities which furnish water or services for the disposal of sewage, or both, to persons within this state for compensation, and which:
1. Serve [2,000 persons or less;] 3,000 or fewer persons; and
κ1991 Statutes of Nevada, Page 145 (CHAPTER 77, AB 174)κ
2. Had during the immediately preceding 12-month period gross sales for water or services for the disposal of sewage, or both, amounting to [$500,000] $1,000,000 or less.
Sec. 3. This act does not apply to any disposition or encumbrance of property which was executed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 272Committee on Labor and Management
CHAPTER 78
AN ACT relating to unemployment compensation; making permanent a change in the method for calculating the wages paid to a claimant during his base period; and providing other matters properly relating thereto.
[Approved April 11, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 873, Statutes of Nevada 1989, at page 2127, is hereby amended to read as follows:
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1989 . [, and expires by limitation on October 1, 1991.]
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 273Committee on Labor and Management
CHAPTER 79
AN ACT relating to unemployment compensation; repealing the prospective expiration of the employment training program for claimants of unemployment compensation; and providing other matters properly relating thereto.
[Approved April 11, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 14 of chapter 666, Statutes of Nevada 1989, at page 1535, is hereby amended to read as follows:
Sec. 14. 1. This section and sections 1 to 8, inclusive, 11, 12 and 13 of this act become effective on July 1, 1989.
2. Section 9 of this act becomes effective on July 1, 1989, only if Senate Bill No. 61 of this session does not become effective.
3. Section 10 of this act becomes effective on July 1, 1989, only if Senate Bill No. 61 of this session becomes effective.
κ1991 Statutes of Nevada, Page 146 (CHAPTER 79, AB 273)κ
[4. Sections 1 to 12, inclusive, of this act, expire by limitation on July 1, 1991.]
Sec. 2. Section 13 of chapter 666, Statutes of Nevada 1989, at page 1535, is hereby repealed.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 34Committee on Commerce and Labor
CHAPTER 80
AN ACT relating to contractors; increasing the penalties for any violation of the provisions governing contractors; and providing other matters properly relating thereto.
[Approved April 11, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.360 is hereby amended to read as follows:
624.360 1. Any person violating any of the provisions of this chapter : [shall be punished:]
(a) For the first offense , is guilty of a misdemeanor and shall be punished by a fine of not less than [$150] $500 nor more than [$500;] $1,000 and may be further punished by imprisonment in the county jail for not more than 6 months; or
(b) For the second or subsequent offense , is guilty of a gross misdemeanor and shall be punished by a fine of not less than [$300] $1,000 nor more than [$500;] $2,000, and may be further punished by imprisonment in the county jail for not more than [6 months.] 1 year.
2. Imposition of the penalty provided for in this section is not precluded by any disciplinary action taken by the board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.
________
κ1991 Statutes of Nevada, Page 147κ
Senate Bill No. 41Committee on Commerce and Labor
CHAPTER 81
AN ACT relating to public utilities; allowing public utilities to disclose information concerning customers to certain persons designated by the chief executive officer of a law enforcement agency of this state; and providing other matters properly relating thereto.
[Approved April 11, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.201 is hereby amended to read as follows:
704.201 1. To further a criminal or civil investigation, the chief executive officer [or acting chief executive officer] of any law enforcement agency of this state or a command officer designated by him may submit a written request to a public utility that the name and address of a person listed in the records of the customers of the public utility be disclosed to the agency.
2. The request must:
(a) If available, contain the social security number of the person about whom the request is made;
(b) Contain a statement that the request is made to further a criminal or civil investigation being conducted by the agency; and
(c) Be signed by the chief executive officer [or acting chief executive officer] of the law enforcement agency [.] or the command officer he has designed.
3. As used in this section, command officer means an officer in charge of a department, division or bureau of the law enforcement agency.
________
Senate Bill No. 236Committee on Finance
CHAPTER 82
AN ACT making an appropriation to the division of state parks of the state department of conservation and natural resources as an advance against the proceeds of a bond issuance; and providing other matters properly relating thereto.
[Approved April 11, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources the sum of $262,000 for the purposes specified in paragraph (c) of subsection 1 of section 2 of chapter 785, Statutes of Nevada 1989, at page 1864.
2. The amount appropriated pursuant to subsection 1 must be repaid to the state general fund from the proceeds of the bonds issued pursuant to chapter 785, Statutes of Nevada 1989, that are allocated to the division pursuant to paragraph (c) of subsection 1 of section 2 of that act, immediately upon the sale of the bonds.
κ1991 Statutes of Nevada, Page 148 (CHAPTER 82, SB 236)κ
paragraph (c) of subsection 1 of section 2 of that act, immediately upon the sale of the bonds.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 248Committee on Finance
CHAPTER 83
AN ACT relating to natural resources; authorizing the legislature by concurrent resolution to direct the state board of examiners to issue bonds for certain expenditures to be made by the division of state parks of the state department of conservation and natural resources or the department of wildlife related to preserving natural resources; and providing other matters properly relating thereto.
[Approved April 11, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of chapter 785, Statutes of Nevada 1989, at page 1865, is hereby amended to read as follows:
Sec. 3. 1. If, on the application of the administrator of the division of state parks of the state department of conservation and natural resources or the director of the department of wildlife [,] made when the legislature is in regular or special session, the legislature finds by concurrent resolution, or made when the legislature is not in regular or special session, the interim finance committee finds that specified real or personal property, interests in real or personal property, other expenditures authorized by sections 1 to 5, inclusive, of this act, or a combination thereof, ought to be acquired or funded for any one of the purposes recited in section 2 of this act, [it] the legislature in its concurrent resolution or the interim finance committee in its finding may direct:
(a) The state board of examiners to issue a sufficient amount of the bonds authorized pursuant to sections 1 and 2 of this act;
(b) The administrator of the division of state lands to acquire the property from the proceeds of the bonds; and
(c) The administrator of the division of state parks of the state department of conservation and natural resources or the director of the department of wildlife to develop the property from the proceeds of the bonds or make such other expenditures as are authorized by sections 1 to 5, inclusive, of this act.
2. Neither the administrator of the division of state parks of the state department of conservation and natural resources nor the director of the department of wildlife may expend more than the amount authorized for the acquisition and development of real or personal property, interests in real or personal property or a combination thereof, pursuant to sections 1 and 2 of this act, unless he has obtained prior approval from the interim finance committee [.]
κ1991 Statutes of Nevada, Page 149 (CHAPTER 83, SB 248)κ
the interim finance committee [.] or the legislature by concurrent resolution pursuant to subsection 1.
3. Any real or personal property, interest in any real or personal property, or any combination thereof, may be acquired pursuant to the provisions of sections 1 to 5, inclusive, of this act only from willing sellers, and the acquisition of that property or interest must not have a negative impact on the distribution of water to other persons who hold valid water right claims.
4. Before any real property is acquired for the purposes of subsection 2 of section 2 of this act, except water rights, the department of wildlife shall make a good faith effort to acquire an easement for conservation pursuant to NRS 111.390 to 111.440, inclusive. The department shall keep a written record of all unsuccessful attempted acquisitions of such easements and report those records to the legislature when it is in regular or special session or the interim finance committee [.] when the legislature is not in regular or special session.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 249Committee on Finance
CHAPTER 84
AN ACT relating to the state department of conservation and natural resources; authorizing the legislature to approve by concurrent resolution the use of certain park user fees by the division of state parks for maintenance projects; and providing other matters properly relating thereto.
[Approved April 11, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 11 of chapter 608, Statutes of Nevada 1989, at page 1334, is hereby amended to read as follows:
Sec. 11. With the approval of the interim finance committee [,] when the legislature is not in regular or special session, or with the approval of the legislature by concurrent resolution when the legislature is in regular or special session, the division of state parks of the state department of conservation and natural resources may use any park user fees collected within a calendar year, that are in excess of the amounts authorized from that revenue source in the divisions budget, for the fiscal year beginning in that calendar year for maintenance projects in state parks, recreational areas and historic monuments.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 150κ
Assembly Bill No. 317Committee on Judiciary
CHAPTER 85
AN ACT relating to prisoners; providing additional detail for their release for work; providing for their release for education; and providing other matters properly relating thereto.
[Approved April 12, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 211 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. A prisoner sentenced to the county, city or town jail may apply to participate in a program for release established pursuant to NRS 211.120. The administrator of the program shall evaluate each applicants suitability for work or education.
2. If the administrator finds a prisoner suitable, he may, unless the sentencing court has otherwise ordered in a particular case:
(a) Arrange for the prisoner to continue his regular employment under specified conditions, or authorize him to seek employment or participate in a program of placement for work; or
(b) Permit him to continue his regular education or to secure further education.
Sec. 3. 1. Employment may include the care of the prisoners own children during the day and education may include counseling for the abuse of alcohol or controlled substances, psychological counseling and vocational training.
2. If the employment or a part of the education is for pay, the wage must be no less than the prevailing wage for similar work in the community, and the conditions of work no less favorable. Employment or paid work as part of education must not be performed in an establishment where a labor dispute is in progress, if the employment or paid work as education would provide temporary or permanent replacements for other employees engaged in a labor dispute.
Sec. 4. The administrator of the program may release a prisoner from the facility:
1. If he is injured during work or education, for medical treatment at his own expense or at the expense of the employer or industrial insurance. Release pursuant to this subsection is not an assumption of liability by the county for the treatment.
2. For no more than 72 hours:
(a) For other medical, dental or psychiatric care;
(b) For a personal or family emergency if severe hardship would otherwise result; or
(c) For any other activity which the administrator considers may promote the prisoners successful return to the community, including attempts to secure housing, employment or education.
κ1991 Statutes of Nevada, Page 151 (CHAPTER 85, AB 317)κ
Sec. 5. NRS 211.120 is hereby amended to read as follows:
211.120 1. The board of county commi ssioners and the governing body of an incorporated city, shall make all necessary arrangements, as provided in NRS 211.120 to 211.170, inclusive, to utilize the labor of the prisoners committed to any jails within any county, city, or town within this state, for a term of imprisonment by the judges of the several district courts within this state, or the justices of the peace in any townships throughout this state.
2. A sheriff, chief of police or town marshal may establish a program to release prisoners from his jail for work [.] or education. The program must:
(a) Provide for thorough screening of prisoners for inclusion in the program;
(b) Be limited to prisoners who have been sentenced; and
(c) Require that each prisoner who participates in the program reimburse the county, city or town in whole or in part, according to his ability to pay, for his room and board during the time he participates in the program.
3. The administrator of such a program must be, respectively, the sheriff, the chief of police, the town marshal or his designee.
________
Assembly Bill No. 313Committee on Judiciary
CHAPTER 86
AN ACT relating to jails; authorizing the release of prisoners from county or city jails under certain circumstances; and providing other matters properly relating thereto.
[Approved April 12, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 211 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The sheriff with respect to a county jail, or the officer in charge with respect to a city jail, may apply to the presiding judge, or to the judges jointly if there is no presiding judge, for authority to release prisoners pursuant to the provisions of this section. The duration of this authority if granted must not exceed 30 days.
2. At any time within the duration of an authority granted when the number of prisoners exceeds the number of beds available in the jail, the sheriff or other officer in charge may release the lesser of:
(a) The number of prisoners eligible under this section; or
(b) The difference between the number of prisoners and the number of beds.
3. A prisoner is eligible for release only if:
(a) He is serving a sentence of fixed duration and has already served at least 90 percent of the sentence after deduction of any credit; and
(b) His sentence would expire or he would otherwise be released within 5 days.
κ1991 Statutes of Nevada, Page 152 (CHAPTER 86, AB 313)κ
4. Among prisoners eligible, priority must be given to those whose expiration of sentence or other release is closest.
________
Assembly Bill No. 85Committee on Taxation
CHAPTER 87
AN ACT relating to the tax on estates; allowing for the collection of a tax on the transfer of the taxable estate of a nonresident decedent; and providing other matters properly relating thereto.
[Approved April 12, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 375A.100 is hereby amended to read as follows:
375A.100 [1. Except as otherwise provided in subsection 2, a] A tax is hereby imposed on the transfer of the taxable estate of a [decedent who is a resident of Nevada] :
1. Resident decedent in the amount of the maximum credit allowable against the federal estate tax for the payment of state death taxes [.
2. The tax imposed by subsection 1 is reduced by the amount of any death taxes collected on the estate by another state.] on all:
(a) Real and tangible personal property of the decedent, or any interest therein, having a situs in this state at the time of death; and
(b) Intangible personal property of the decedent, or any interest therein, within or outside this state or otherwise subject to the jurisdiction of this state at the time of death.
2. Nonresident decedent in the amount of the maximum credit allowable against the federal estate tax for the payment of state death taxes on:
(a) All real and tangible personal property of the decedent, or any interest therein, having a situs in this state at the time of death; and
(b) If the decedent is a nonresident of the United States, all intangible personal property, or any interest therein, in this state at the time of death, including all stock of a corporation organized under the laws of Nevada or which has its principal place of business or does the major part of its business in Nevada or of a federal corporation or national bank which has its principal place of business or does the major part of its business in Nevada, except:
(1) Savings accounts in savings and loan associations operating under the authority of the division of financial institutions of the department of commerce or the Federal Home Loan Bank; and
(2) Bank deposits, unless those deposits are held and used in connection with a business conducted or operated, in whole or in part, in Nevada.
Sec. 2. NRS 375A.020 is hereby repealed.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 153κ
Senate Bill No. 83Committee on Judiciary
CHAPTER 88
AN ACT relating to criminal extradition; prohibiting the release on bail of a person who waives certain rights concerning extradition; providing an exception; and providing other matters properly relating thereto.
[Approved April 12, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.229 is hereby amended to read as follows:
179.229 1. Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in NRS 179.191 and 179.193 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he consents to return to the demanding state . [; but before] Before such a waiver is executed or subscribed [by such person it shall be the duty of such judge to inform such] the judge shall inform the person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in NRS 179.197.
2. [If and when such consent has been duly executed it shall forthwith] An executed waiver must be forwarded forthwith to the office of the governor of this state and filed therein. The judge shall remand the person to custody without bail, unless otherwise stipulated by the district attorney with the concurrence of the other state, and shall direct the officer having [such] the person in custody to deliver him forthwith [such person to the duly] to an accredited agent [or agents] of the demanding state, and shall deliver or cause to be delivered to [such agent or agents] the agent a copy of [such consent.] the waiver.
3. Nothing in this section [shall be deemed to limit the rights] limits:
(a) The right of the accused person to return voluntarily and without formality to the demanding state [, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers,] ;
(b) The powers, rights or duties of the officers of the demanding state or of this state [.] ; or
(c) Any other procedures concerning the waiver of extradition.
________
κ1991 Statutes of Nevada, Page 154κ
Senate Bill No. 88Committee on Judiciary
CHAPTER 89
AN ACT relating to crimes against the person; revising the penalties for battery; and providing other matters properly relating thereto.
[Approved April 12, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department; or
(4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility.
2. Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, the court, as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, [for a gross misdemeanor.] by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment. If imprisonment in the county jail, or a fine, or both, is the prescribed punishment, the crime shall for all purposes be deemed a gross misdemeanor.
(c) If the battery is committed upon an officer and:
(1) The officer was performing his duty;
(2) The officer suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer,
by imprisonment in the state prison for not less than 1 year nor more than [6] 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.
κ1991 Statutes of Nevada, Page 155 (CHAPTER 89, SB 88)κ
(d) If the battery is committed upon an officer who is performing his duty and the person charged knew or should have known that the victim was an officer, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(e) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000.
[(e)] (f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
[(f)] (g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 2 years nor more than 20 years.
________
Senate Bill No. 95Committee on Judiciary
CHAPTER 90
AN ACT relating to crimes; providing that for purposes of certain crimes credit card includes the number or other identifying description of a credit card or credit account; prohibiting the sale or purchase of the number by any person other than the issuer; providing a penalty; and providing other matters properly relating thereto.
[Approved April 12, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.690 is hereby amended to read as follows:
205.690 1. Any person who steals, takes or removes a credit card from the person, possession, custody or control of another without the cardholders consent or who, with knowledge that a credit card has been so taken, removed or stolen receives the credit card with intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Any person who possesses a credit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the credit card with intent to defraud shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Any person who has in his possession or under his control two or more credit cards issued in the name of another person or persons is presumed to have obtained and to possess the credit cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with intent to defraud. The presumption established by this subsection does not apply to the possession of two or more credit cards used in the regular course of the possessors business or employment or where the possession is with the consent of the cardholder.
κ1991 Statutes of Nevada, Page 156 (CHAPTER 90, SB 95)κ
not apply to the possession of two or more credit cards used in the regular course of the possessors business or employment or where the possession is with the consent of the cardholder.
4. The provisions of this section do not apply to any person employed by or operating a business, including, but not limited to, a credit bureau, collection agency or credit reporting agency, who, without the intent to defraud, lawfully furnishes to another person or obtains the number or other identifying description of a credit card or credit account in the ordinary course of that business or employment or pursuant to a financial transaction entered into with a customer.
5. For the purposes of this section, credit card includes the number or other identifying description of a credit card or credit account.
Sec. 2. NRS 205.710 is hereby amended to read as follows:
205.710 1. Any person, except the issuer, who sells a credit card or the number or other identifying description of a credit card or credit account, or any person who buys a credit card or the number or other identifying description of a credit card or credit account from a person other than the issuer shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. The provisions of this section do not apply to any person employed by or operating a business, including, but not limited to, a credit bureau, collection agency or credit reporting agency, who, without the intent to defraud, lawfully furnishes to another person or obtains the number or other identifying description of a credit card or credit account in the ordinary course of that business or employment or pursuant to a financial transaction entered into with a customer.
Sec. 3. NRS 205.760 is hereby amended to read as follows:
205.760 1. Any person who, with intent to defraud:
(a) Uses a credit card to obtain money, goods, property, services or anything of value where the credit card was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or where the person knows the credit card is forged or is the expired or revoked credit card of another;
(b) Uses the number or other identifying description of a credit account, customarily evidenced by a credit card, to obtain money, goods, property, services or anything of value without the consent of the cardholder; or
(c) Obtains money, goods, property, services or anything else of value by representing, without the consent of the cardholder, that he is the authorized holder of a specified card or that he is the holder of a card where the card has not in fact been issued,
is guilty of a public offense and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. Any person who, with intent to defraud, uses a credit card to obtain money, goods, property, services or anything of value where the credit card was issued in his name and which he knows is revoked or expired, or when he knows he does not have sufficient money or property with which to pay for the extension of credit, shall be punished, where the amount of money or the value of the goods, property, services or other things of value so obtained in any 6-month period is:
κ1991 Statutes of Nevada, Page 157 (CHAPTER 90, SB 95)κ
value of the goods, property, services or other things of value so obtained in any 6-month period is:
(a) One hundred dollars or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(b) Less than $100, for a misdemeanor.
3. A person is presumed to have knowledge of the revocation of a credit card 4 days after notice of the revocation has been mailed to him by registered or certified mail, return receipt requested, at the address set forth on the credit card or at his last known address. If the address is more than 500 miles from the place of mailing, notice must be sent by airmail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice may be presumed to have been received 10 days after the mailing.
________
Senate Bill No. 256Committee on Transportation
CHAPTER 91
AN ACT relating to missing persons; requiring a law enforcement agency which receives reports of certain missing persons to submit those reports to the investigation division of the department of motor vehicles and public safety; requiring the next of kin or guardians of certain missing persons to notify the appropriate law enforcement agency when missing persons are found; and providing other matters properly relating thereto.
[Approved April 12, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.245 is hereby amended to read as follows:
481.245 1. When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall have a dental examination of the body made by a dentist. The dentist shall prepare a record of his findings and forward it to the investigation division.
2. Each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years or older shall:
(a) Transmit all available information concerning the missing person to the investigation division within 5 working days after it receives the report;
(b) Notify immediately such persons and make inquiries concerning the missing person as the agency deems necessary; and
(c) Enter the information concerning the missing person into the computer for the National Crime Information Center, if appropriate.
3. The sheriff, chief of police or other law enforcement [authority] agency may request the written consent of the next of kin or guardian of a person who has been reported to him as missing for 30 days or more to obtain the dental records of the missing person from that persons dentist. After receiving the written consent, the sheriff, chief of police or other law enforcement [authority] agency shall obtain the dental records from the dentist and forward them and any other relevant information to the investigation division for comparison with the dental records [sent by the coroners.]
κ1991 Statutes of Nevada, Page 158 (CHAPTER 91, SB 256)κ
[authority] agency shall obtain the dental records from the dentist and forward them and any other relevant information to the investigation division for comparison with the dental records [sent by the coroners.] of unidentified deceased persons. This subsection does not prevent the voluntary release of the missing persons dental records by the next of kin or guardian of the missing person at any time.
4. The next of kin or guardian of the person reported as missing shall promptly notify the appropriate law enforcement agency when the missing person is found.
5. The sheriff, chief of police or other law enforcement [authority] agency shall inform the investigation division and the National Crime Information Center when a missing person has been found.
[3.] 6. The investigation division shall maintain the records and other information forwarded to it [under] pursuant to subsections 1 [and 2] , 2 and 3 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies.
________
Assembly Bill No. 144Committee on Government Affairs
CHAPTER 92
AN ACT relating to public employees; authorizing the temporary limited appointment of certain handicapped persons to all class grades in the classified service; and providing other matters properly relating thereto.
[Approved April 12, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.327 is hereby amended to read as follows:
284.327 1. To assist handicapped persons certified by the rehabilitation division of the department of human resources, appointing authorities are encouraged and authorized to make temporary limited appointments of certified handicapped persons for not to exceed 700 hours notwithstanding that the positions so filled are continuing positions. Certified handicapped persons must be placed on appropriate eligible lists . [but they must not be placed on lists for positions in the classified service above a class grade which is equal to the majority of trainee or entry level classes in the professional series as determined by the department.] All such handicapped persons must possess the training and experience necessary for the positions for which they are certified. The rehabilitation division must be notified of an appointing authoritys request for an eligible list on which the names of one or more certified handicapped persons appear. A temporary limited appointment of a certified handicapped person pursuant to this section constitutes the persons examination as required by NRS 284.215.
2. The director shall [prescribe] adopt regulations to carry out the provisions of subsection 1.
κ1991 Statutes of Nevada, Page 159 (CHAPTER 92, AB 144)κ
3. This section does not deter or prevent appointing authorities from employing:
(a) Physically handicapped persons when available and eligible for permanent employment.
(b) Handicapped persons employed pursuant to the provisions of subsection 1 in permanent employment if the persons qualify for permanent employment before the termination of their temporary limited appointments.
4. If a person appointed pursuant to this section is subsequently appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof counts toward the employees probationary period.
Sec. 2. NRS 245.185 is hereby amended to read as follows:
245.185 1. To assist handicapped persons certified by the rehabilitation division of the department of human resources, the board of county commissioners of each county is encouraged and authorized to make temporary limited appointments of certified handicapped persons for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A handicapped person who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible . [but must not be placed on any list for any position in the classified service above a class grade which is equal to a majority of the classes at entry level or for trainees in the professional series as determined by the board of county commissioners.]
2. Each such handicapped person must possess the training and experience necessary for the position for which he is certified. The rehabilitation division must be notified of the request of the board of county commissioners for a list of eligibility on which the names of one or more certified handicapped persons appear. A temporary limited appointment of a certified handicapped person pursuant to this section constitutes the persons examination as required by NRS 284.215.
3. The board of county commissioners shall [prescribe] adopt regulations to carry out the provisions of this section.
4. This section does not prevent a county from employing a person who is:
(a) Physically handicapped if he is available and eligible for permanent employment.
(b) Handicapped and employed pursuant to the provisions of this section in permanent employment if he qualifies for permanent employment before the termination of his temporary limited appointment.
5. If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employees probationary period.
Sec. 3. NRS 268.4065 is hereby amended to read as follows:
268.4065 1. To assist handicapped persons certified by the rehabilitation division of the department of human resources, the governing body of each city is encouraged and authorized to make temporary limited appointments of certified handicapped persons for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A handicapped person who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible . [but must not be placed on any list for any position in the classified service above a class grade which is equal to a majority of the classes at entry level or for trainees in the professional series as determined by the governing body of the city.]
κ1991 Statutes of Nevada, Page 160 (CHAPTER 92, AB 144)κ
grade which is equal to a majority of the classes at entry level or for trainees in the professional series as determined by the governing body of the city.]
2. Each such handicapped person must possess the training and experience necessary for the position for which he is certified. The rehabilitation division must be notified of the request of the governing body of a city for a list of eligibility on which the names of one or more certified handicapped persons appear. A temporary limited appointment of a certified handicapped person pursuant to this section constitutes the persons examination as required by NRS 284.215.
3. The governing body of the city shall [prescribe] adopt regulations to carry out the provisions of this section.
4. This section does not prevent a city from employing a person who is:
(a) Physically handicapped if he is available and eligible for permanent employment.
(b) Handicapped and employed pursuant to the provisions of this section in permanent employment if he qualifies for permanent employment before the termination of his temporary limited appointment.
5. If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employees probationary period.
________
Senate Bill No. 66Committee on Judiciary
CHAPTER 93
AN ACT relating to municipal courts; allowing a city to designate its municipal court as a court of record; requiring such a court to have a seal; and providing other matters properly relating thereto.
[Approved April 15, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 1.020 is hereby amended to read as follows:
1.020 The following courts are courts of record:
1. The supreme court;
2. The district courts;
3. The justices courts; and
4. [In] The municipal courts:
(a) In any case in which a jury trial is required [, the municipal courts.] ; or
(b) If so designated pursuant to NRS 5.010.
Sec. 2. NRS 1.140 is hereby amended to read as follows:
1.140 The supreme court, the district courts , [and] the justices courts and those municipal courts designated as courts of record pursuant to NRS 5.010 shall have a seal.
Sec. 3. NRS 1.170 is hereby amended to read as follows:
1.170 The clerk [or deputy clerk] of each court, or the [justice] :
κ1991 Statutes of Nevada, Page 161 (CHAPTER 93, SB 66)κ
1. Deputy clerk;
2. Justice of the peace if a deputy clerk has not been appointed for the justices court [,] ; or
3. Judge of a municipal court designated as a court of record pursuant to NRS 5.010 if a deputy clerk has not been appointed for that court,
shall keep the seal of the court.
Sec. 4. NRS 5.010 s hereby amended to read as follows:
5.010 There must be in each city a municipal court presided over by a municipal judge. The municipal court [must] :
1. Must be held at such place in the city within which it is established as the governing body of that city may by ordinance direct.
2. May by ordinance be designated as a court of record.
Sec. 5. NRS 5.075 is hereby amended to read as follows:
5.075 The court administrator shall prescribe the form of the docket and of any other appropriate records to be kept by the municipal court, which form may vary from court to court according to the number and kind of cases customarily heard [.] and whether the court is designated as a court of record pursuant to NRS 5.010.
________
Assembly Bill No. 60Committee on Judiciary
CHAPTER 94
AN ACT relating to crimes; adding trafficking in controlled substances to the list of crimes related to racketeering; raising the monetary threshold of certain offenses included in the list; and providing other matters properly relating thereto.
[Approved April 15, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 207.360 is hereby amended to read as follows:
207.360 Crime related to racketeering means the commission of, attempt to commit or conspiracy to commit any of the following crimes:
1. Murder;
2. Manslaughter;
3. Mayhem;
4. Battery which is punished as a felony;
5. Kidnaping;
6. Sexual assault;
7. Arson;
8. Robbery;
9. Taking property from another under circumstances not amounting to robbery;
10. Extortion;
11. Statutory sexual seduction;
12. Extortionate collection of debt in violation of NRS 205.322;
κ1991 Statutes of Nevada, Page 162 (CHAPTER 94, AB 60)κ
13. Forgery;
14. [Resisting, delaying or obstructing a public officer;] Any violation of NRS 199.280 which is punished as a felony;
15. Burglary;
16. Grand larceny;
17. Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;
18. Battery with intent to commit a crime in violation of NRS 200.400;
19. Assault with a deadly weapon;
20. Any violation of NRS 453.232, 453.316 to [453.338,] 453.3395, inclusive, or 453.375 to 453.401, inclusive;
21. Receiving or transferring a stolen vehicle;
22. Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;
23. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
24. Receiving, possessing or withholding stolen goods valued at [$100] $250 or more;
25. Embezzlement of money or property valued at [$100] $250 or more;
26. Obtaining possession of money or property valued at [$100] $250 or more, or obtaining a signature by means of false pretenses;
27. Perjury or subornation of perjury;
28. Offering false evidence;
29. Any violation of NRS 201.300 to 201.360; or
30. Any violation of NRS 90.570, 91.230, 686A.290 or 686A.291.
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1991.
________
Senate Bill No. 131Senator Raggio
CHAPTER 95
AN ACT relating to anatomical gifts; authorizing a minor to make such a gift; and providing other matters properly relating thereto.
[Approved April 15, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 451.555 is hereby amended to read as follows:
451.555 1. Any person [who is at least 18 years of age] may:
(a) Make an anatomical gift for any of the purposes stated in subsection 1 of NRS 451.560;
(b) Limit an anatomical gift to one or more of those purposes; or
(c) Refuse to make an anatomical gift.
2. [An] Except as otherwise provided in subsection 3, an anatomical gift may be made only by a document of gift signed by the donor. If the donor [cannot] :
κ1991 Statutes of Nevada, Page 163 (CHAPTER 95, SB 131)κ
(a) Cannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.
(b) Is less than 18 years of age, the document of gift must also be signed by two witnesses, one of whom is a parent or guardian of the donor and consents to the donation, at the direction and in the presence of the donor and of each other and state that it has been so signed.
3. If the donor is less than 12 years of age, the document of gift must be signed by a parent or guardian of the donor, on behalf of the donor, and two witnesses at the direction and in the presence of the parent or guardian and of each other and state that it has been so signed. The document is not required to be signed by the donor.
4. If a document of gift is attached to or imprinted on a donors motor vehicle operators or chauffeurs license, the document of gift must comply with subsection 2. Revocation, suspension, expiration or cancellation of the license does not invalidate the anatomical gift.
[4.] 5. A document of gift may designate a particular physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.
[5.] 6. An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
[6. A]
7. Except as otherwise provided in subsections 8 and 9, a donor may amend or revoke an anatomical gift, not made by will, only by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
8. Except as otherwise provided in subsection 9, a donor who is less than 18 years of age may, with the consent of his parent or guardian, amend or revoke an anatomical gift, not made by will, by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
9. A donor who is less than 12 years of age may not amend or revoke an anatomical gift. The parent or guardian who made the gift on behalf of the donor may amend or revoke an anatomical gift, not made by will, only by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
κ1991 Statutes of Nevada, Page 164 (CHAPTER 95, SB 131)κ
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
10. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection [6.
8.] 7, 8 or 9.
11. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donors death.
[9.] 12. A person may refuse to make an anatomical gift of his body or part by:
(a) A writing signed in the same manner as a document of gift;
(b) A statement attached to or imprinted on his motor vehicle operators or chauffeurs license; or
(c) Any other writing used to identify him as refusing to make an anatomical gift.
During a terminal illness or injury, the refusal may be an oral statement or other form of communication.
[10.] 13. In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under NRS 451.557.
[11.] 14. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make any anatomical gift, he shall make the refusal pursuant to subsection [9.] 12.
Sec. 2. NRS 451.580 is hereby amended to read as follows:
451.580 1. Rights of a donee created by an anatomical gift are superior to rights of others except with respect to autopsies under NRS 451.585. A donee may accept or reject an anatomical gift. If a donee accepts an anatomical gift of an entire body, the donee, subject to the terms of the gift, may allow embalming and use of the body in funeral services. If the gift is of a part of a body, the donee, upon the death of the donor and before embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the person under obligation to dispose of the body.
2. The time of death must be determined by a physician who attends the donor at death, or, if none, the physician who certifies the death. Neither the physician who attends the donor at death nor the physician who determines the time of death may participate in the procedures for removing or transplanting a part unless the document of gift designates a particular physician pursuant to subsection [4] 5 of NRS 451.555.
3. If there has been an anatomical gift, a technician may remove any donated parts and an enucleator may remove any donated eyes or parts of eyes, after determination of death by a physician.
________
κ1991 Statutes of Nevada, Page 165κ
Assembly Bill No. 116Committee on Government Affairs
CHAPTER 96
AN ACT relating to entertainment by referral; providing for the licensing and regulation of entertainment by referral services and all related entertainers outside of incorporated cities; providing a penalty; and providing other matters properly relating thereto.
[Approved April 15, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in subsection 2, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Except as otherwise provided in section 3.7 of [this act,] Senate Bill No. 112 of this session, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.
3. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
4. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
κ1991 Statutes of Nevada, Page 166 (CHAPTER 96, AB 116)κ
the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
5. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
Sec. 2. NRS 244.345 is hereby amended to read as follows:
244.345 1. Every natural person wishing to be employed as an entertainer for an entertainment by referral service and every natural person, firm, association of persons or corporation wishing to engage in the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city, must:
(a) Make application to the license board of the county in which the employment or business is to be engaged in, for a county license of the kind desired. The application must be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the application to the license board at its next regular meeting.
The board, in counties whose population is less than 400,000, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. In counties whose population is 400,000 or more, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the next regular meeting of the board. The board shall at that meeting grant or refuse the license prayed for or enter any other order consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the county license collector may grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed [under] pursuant to the provisions of chapter 269 of NRS, the license board has the exclusive power to license and regulate the employment and businesses mentioned in this subsection.
2. The board of county commissioners, and in a county whose population is less than 400,000, the sheriff of that county constitute the license board, and the county clerk or other person designated by the license board is the clerk thereof, in the respective counties of this state.
κ1991 Statutes of Nevada, Page 167 (CHAPTER 96, AB 116)κ
and the county clerk or other person designated by the license board is the clerk thereof, in the respective counties of this state.
3. The license board may, without further compensation to the board or its clerk:
(a) Fix, impose and collect license fees upon the employment and businesses mentioned in this section.
(b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating to licenses and licensees.
(d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.
4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the employment or businesses mentioned in this section. Notice of the hearing must be published in a newspaper published and having general circulation in the county at least once a week for [a period of] 2 weeks before the hearing.
5. Upon adoption of new regulations the board shall designate their effective date, which may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations must be available for public inspection during regular business hours at the office of the county clerk.
6. A majority vote of the members of the license board present governs in the transaction of all business. A majority of the members constitutes a quorum for the transaction of business.
7. Any natural person, firm, association of persons or corporation who engages in the employment of any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.
8. In a county whose population is 400,000 or more, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any person for the purpose of prostitution.
9. As used in this section:
(a) Entertainer for an entertainment by referral service means a natural person who is sent or referred for a fee to a hotel or motel room, home or other accommodation by an entertainment by referral service for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.
(b) Entertainment by referral service means a person or group of persons who send or refer another person to a hotel or motel room, home or other accommodation for a fee in response to a telephone or other request for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 168κ
Senate Bill No. 211Committee on Judiciary
CHAPTER 97
AN ACT relating to alcoholic beverages; prohibiting the sale of certain alcoholic beverages; providing a penalty; and providing other matters properly relating thereto.
[Approved April 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not sell an alcoholic beverage containing more than 80 percent of alcohol by volume.
2. A person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 2. NRS 202.015 is hereby amended to read as follows:
202.015 For the purposes of NRS 202.020 to 202.060, inclusive, and section 1 of this act, alcoholic beverage means:
1. Beer, ale, porter, stout and other similar fermented beverages, including sake and similar products, of any name or description containing one-half of 1 percent or more alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor.
2. Any beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar, of not less than one-half of 1 percent of alcohol by volume.
3. Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any form, including all dilutions and mixtures thereof from whatever process produced.
________
Senate Bill No. 231Senators Adler, Getto, Glomb, Hickey, Horn, Neal, Nevin, Shaffer, Smith, Titus, Tyler, Vergiels and Jacobsen
CHAPTER 98
AN ACT relating to industrial insurance; increasing the deemed wage for certain volunteer firefighters for the purpose of industrial insurance; and providing other matters properly relating thereto.
[Approved April 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.070 is hereby amended to read as follows:
616.070 Volunteer firemen belonging to a regular organized and recognized fire department, while engaged in their duties in any voluntary community service which they may undertake, and while acting under the direction of the fire chief or any of his assistants in the protection of life or property, during fire, flood, earthquake, windstorm, ambulance service or other rescue work, shall be deemed, for the purpose of this chapter, employees of the city, town, county or district so recognizing them, at the wage of [$900] $2,000 per month, and are entitled to the benefits of this chapter upon such city, town, county or districts complying therewith.
κ1991 Statutes of Nevada, Page 169 (CHAPTER 98, SB 231)κ
during fire, flood, earthquake, windstorm, ambulance service or other rescue work, shall be deemed, for the purpose of this chapter, employees of the city, town, county or district so recognizing them, at the wage of [$900] $2,000 per month, and are entitled to the benefits of this chapter upon such city, town, county or districts complying therewith.
Sec. 2. This act becomes effective on July 1, 1991.
________
Senate Bill No. 220Senator Jacobsen
CHAPTER 99
AN ACT relating to property tax; changing the date of the final quarterly remittance of money from the county treasurer to the state treasurer; and providing other matters properly relating thereto.
[Approved April 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.745 is hereby amended to read as follows:
361.745 1. On the [3rd] third Mondays of July, October, January and [March] April of each year, each county treasurer shall deposit with the state treasurer all money which has come into his hands as county treasurer for the use and benefit of the state.
2. Each county treasurer shall hold himself in readiness to settle and pay all money in his hands belonging to the state at all other times whenever required to do so by order signed by the state controller, who is authorized to draw such an order whenever he deems it necessary.
________
Senate Bill No. 5Committee on Commerce and Labor
CHAPTER 100
AN ACT relating to vocational rehabilitation; revising the method by which the provisions governing vocational rehabilitation are administered; and providing other matters properly relating thereto.
[Approved April 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 615 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Administrator means the administrator of the division.
Sec. 3. Division means the rehabilitation division of the department.
κ1991 Statutes of Nevada, Page 170 (CHAPTER 100, SB 5)κ
Sec. 4. NRS 615.020 is hereby amended to read as follows:
615.020 As used in this chapter the words and terms defined in NRS 615.031 to 615.140, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, have the meanings ascribed to them in [NRS 615.031 to 615.140, inclusive.] those sections.
Sec. 5. NRS 615.031 is hereby amended to read as follows:
615.031 Bureau means the bureau of vocational rehabilitation in the [rehabilitation division of the department.] division.
Sec. 6. NRS 615.150 is hereby amended to read as follows:
615.150 The department, through the [bureau,] administrator, shall administer the provisions of this chapter as the sole agency of the State of Nevada for such purpose.
Sec. 7. NRS 615.180 is hereby amended to read as follows:
615.180 1. The chief shall:
(a) Subject to the approval of the administrator , [of the rehabilitation division of the department,] adopt rules and regulations necessary to carry out the purposes of this chapter;
(b) Establish appropriate administrative units within the bureau;
(c) Subject to the approval of the administrator , [of the rehabilitation division of the department,] appoint such personnel as is necessary for the proper and efficient performance of the functions of the bureau;
(d) Prescribe the duties of the personnel of the bureau;
(e) Prepare and submit to the governor, through the director, before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;
(f) Make certification for the disbursement of [funds] money available for carrying out the purposes of this chapter; and
(g) Take such other action as may be necessary or appropriate [for cooperation] to cooperate with public and private agencies and otherwise to carry out the purposes of this chapter.
2. The chief may delegate to any officer or employee of the bureau such of his powers and duties as he finds necessary to carry out the purposes of this chapter.
Sec. 8. NRS 615.220 is hereby amended to read as follows:
615.220 1. [In order to] To facilitate the making of [vocational rehabilitation] disability determinations in this state, the department through the [bureau,] division, on behalf of the State of Nevada, may enter into an agreement or agreements with the United States Government, by and through the Secretary of Health and Human Services, or any other federal agency, for the making of disability determinations, receiving and expending federal [funds] money for the making of such determinations, and [to perform] performing other acts and functions necessary to effectuate the provisions of any Act of Congress, and [with] all applicable federal regulations adopted pursuant thereto.
2. The department, by and through the [bureau,] division, shall make the disability determinations required by the provisions of any Act of Congress, and the state treasurer [is directed to] shall disburse the [funds] money required for the making of such determinations upon claims by the [chief] administrator in the same manner as other claims against the state are paid.
κ1991 Statutes of Nevada, Page 171 (CHAPTER 100, SB 5)κ
required for the making of such determinations upon claims by the [chief] administrator in the same manner as other claims against the state are paid.
Sec. 9. NRS 615.280 is hereby amended to read as follows:
615.280 1. Any person applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the bureau or the administrator with respect to him is entitled, in accordance with regulations, to a fair hearing before a hearing officer.
2. A person aggrieved by the decision of a hearing officer is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.
________
Senate Bill No. 25Committee on Commerce and Labor
CHAPTER 101
AN ACT relating to occupations; revising certain provisions governing the practice of audiology and speech pathology; and providing other matters properly relating thereto.
[Approved April 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 637B.060 is hereby amended to read as follows:
637B.060 Practice of speech pathology consists of holding out to the public, or rendering, services for the measurement, testing, identification, prediction, [counseling, research or treatment of speech, voice or language for modifying disorders in communication involving speech, voice or language.] treatment or modification of, or counseling or research concerning:
1. Normal and abnormal development of a persons ability to communicate;
2. Disorders and problems concerning a persons ability to communicate;
3. Deficiencies in a persons sensory, perceptual, motor, cognitive and social skills necessary to enable him to communicate; and
4. Sensorimotor functions of a persons mouth, pharynx and larynx.
Sec. 2. NRS 637B.210 is hereby amended to read as follows:
637B.210 1. All licenses, issued pursuant to this chapter, except a temporary license, expire on December 31 of each year.
2. Each holder of a license to practice audiology or speech pathology, except a temporary license, who meets [any] the requirements for continuing education prescribed by the board may renew his license before its expiration upon payment of the fee for annual renewal of a license.
3. If a licensee fails to pay the fee for annual renewal of his license before its expiration, his license may be renewed only upon the payment of the reinstatement fee in addition to the renewal fee. A license may be renewed [under] pursuant to this subsection only if all fees are paid within 3 years after the license has expired.
κ1991 Statutes of Nevada, Page 172 (CHAPTER 101, SB 25)κ
4. A licensee who wishes to have his license reinstated must prove to the satisfaction of the board that he has met the requirements for continuing education prescribed by the board for the period during which his license was expired.
Sec. 3. NRS 637B.230 is hereby amended to read as follows:
637B.230 1. The board shall charge and collect only the following fees whose amounts must be determined by the board, but may not exceed:
Application fee for a license to practice speech pathology ..... $100
Application fee for a license to practice audiology ................... 100
Annual fee for the renewal of a license ....................................... 50
Reinstatement fee ........................................................................... [25] 75
2. All fees are payable in advance and may not be refunded.
________
Senate Bill No. 32Committee on Commerce and Labor
CHAPTER 102
AN ACT relating to junk dealers; requiring a junk dealer to file the original statement subscribed by a vendor with the sheriff of the county rather than with the local law enforcement agency; and providing other matters properly relating thereto.
[Approved April 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 647.060 is hereby amended to read as follows:
647.060 1. At the time of purchase by any junk dealer of any hides or junk, the junk dealer shall [cause to be subscribed by] require the person [or persons] vending the [same] hides or junk to subscribe a statement containing the following information:
(a) When, where and from whom the vendor [or vendors] obtained the property.
(b) The vendors [or vendors age or ages, residence or residences,] age, residence, including the city or town, and the street and number, if any, of the residence , [or residences,] and such other information as is reasonably necessary to enable the residence [or residences] to be located.
(c) The name of the employer , [or employers,] if any, of the vendor [or vendors,] and the place of business or employment of the employer . [or employers.]
2. [The] Except as otherwise provided in subsection 3, the junk dealer shall [forthwith file] on the next business day:
(a) File the original statement subscribed by the vendor [or vendors in the office of the police commissioner or chief of police in the city or town in which the purchase was made, if made in a city or town; otherwise the statement shall be filed forthwith by the junk dealer] in the office of the sheriff of the county where the purchase was made [.] ; and
κ1991 Statutes of Nevada, Page 173 (CHAPTER 102, SB 32)κ
(b) If the purchase was made in a city or town, file a copy of the statement with the chief of police of that city or town.
3. In a county whose population is 30,000 or less, the original statement may be filed in the office of the sheriffs deputy for transmission to the sheriff.
________
Assembly Bill No. 175Committee on Government Affairs
CHAPTER 103
AN ACT relating to water resources; declaring the policy of the legislature concerning the relationship between quantity and quality in water planning; requiring the division of water planning of the state department of conservation and natural resources to consider that relationship in its planning; requiring the division to compile existing information regarding the development of facilities for the storage of water upstream; and providing other matters properly relating thereto.
[Approved April 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 540.011 is hereby amended to read as follows:
540.011 1. The legislature determines that it is the policy of the State of Nevada to continue to recognize the critical nature of the states limited water resources. It is acknowledged that many of the states surface water resources are committed to existing uses, under existing water rights, and that in many areas of the state the available ground water supplies have been appropriated for current uses. It is the policy of the State of Nevada to recognize and provide for the protection of these existing water rights. It is also the policy of the state to encourage efficient and nonwasteful use of these limited supplies.
2. The legislature further recognizes the relationship between the critical nature of the states limited water resources and the increasing demands placed on these resources as the population of the state continues to grow.
3. The legislature further recognizes the relationship between the quantity of water and the quality of water, and the necessity to consider both factors simultaneously when planning the uses of water.
Sec. 2. NRS 540.051 is hereby amended to read as follows:
540.051 The division shall:
1. Provide political subdivisions and private enterprises in arid regions with information, alternatives and recommendations bearing upon regional shortages of water including feasible selections or courses of planning and action for acquiring additional water or for conserving water now available, or both.
2. Include in its planning [the] :
(a) The investigation of new sources of water such as desalinization, importation and conservation, and means of transporting existing water [.] ; and
κ1991 Statutes of Nevada, Page 174 (CHAPTER 103, AB 175)κ
(b) Consideration of the factors relating to the quality of water in this state and the importance of considering the issues of quantity and quality simultaneously, but the state environmental commission and division of environmental protection of the state department of conservation and natural resources retain full responsibility for the management of water quality.
3. Evaluate previous studies and compile existing information to assist in determining the suitability of potential sites as facilities for the storage of water upstream.
4. Develop forecasts of supply and demand for future needs.
[4.] 5. Advise the state department of conservation and natural resources and the legislature concerning economic and social effects of water policy.
[5.] 6. Suggest changes in water policy which may be necessary to meet new requirements of law or of the people of the state.
[6.] 7. Cooperate with the state engineer in dealings with the Federal Government and other states, but the state engineer is solely responsible for litigation.
[7.] 8. Provide the board for financing water projects and the director of the department of commerce with necessary technical and clerical assistance in financing water projects.
________
Assembly Bill No. 166Committee on Government Affairs
CHAPTER 104
AN ACT relating to the City of Reno; authorizing the city council to fix the rate for any utility provided by public enterprise; providing that any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered; and providing other matters properly relating thereto.
[Approved April 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2.140 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1393 is hereby amended to read as follows:
Sec. 2.140 General powers of city council.
The city council may:
1. Acquire, control, improve and dispose of any real or personal property for the use of the city, its residents and visitors.
2. Regulate and impose a license tax for revenue upon all businesses, trades and professions.
3. Provide or grant franchises for public transportation and utilities.
4. Appropriate money for advertising and publicity and for the support of a municipal band.
κ1991 Statutes of Nevada, Page 175 (CHAPTER 104, AB 166)κ
5. Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada.
6. Fix the rate to be paid for any utility service provided by the city as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and is perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:
(a) Coequal with the latest lien upon the property to secure the payment of general taxes.
(b) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
________
Assembly Bill No. 151Committee on Government Affairs
CHAPTER 105
AN ACT relating to public investments; allowing the investment of money in the state permanent school fund in United States treasury notes; and providing other matters properly relating thereto.
[Approved April 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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) United States treasury notes;
(f) Farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture; or
[(f)] (g) Loans at a rate of interest of not less than 6 percent per 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.
κ1991 Statutes of Nevada, Page 176 (CHAPTER 105, AB 151)κ
Sec. 2. This act becomes effective on July 1, 1991.
________
Senate Bill No. 292Senators Horn, Adler, Getto, Glomb, Hickey, Jacobsen, Neal, Nevin, ODonnell, Rawson, Shaffer, Smith, Titus, Townsend and Vergiels
CHAPTER 106
AN ACT relating to railroads; requiring the governor to declare by public proclamation the completion of the super speed ground transportation system connecting southern California with southern Nevada; providing that the members from Nevada of the California-Nevada Super Speed Ground Transportation Commission serve for terms of 4 years and may be reappointed at the pleasure of the governor; revising the date on which the commission expires; and providing other matters properly relating thereto.
[Approved April 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 705 of NRS is hereby amended by adding thereto a new section to read as follows:
The governor shall declare, by public proclamation on the date of completion of the super speed ground transportation system connecting southern California with southern Nevada, that the system has been completed.
Sec. 2. NRS 705.4292 is hereby amended to read as follows:
705.4292 As used in NRS 705.4291 to 705.4295, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Commission means the California-Nevada Super Speed Ground Transportation Commission.
2. Southern California means the counties of Los Angeles, Orange, Riverside and San Bernardino.
3. Super speed ground transportation system means a system that:
(a) Is capable of speeds of at least 180 miles per hour;
(b) Carries primarily passengers; and
(c) Operates on a grade-separated, dedicated guideway.
Sec. 3. NRS 705.4293 is hereby amended to read as follows:
705.4293 1. There is hereby created the California-Nevada Super Speed Ground Transportation Commission as a separate legal entity. The governing body of the commission consists of:
(a) The members from California appointed pursuant to the law of California.
(b) The same number of members from Nevada as are from California, appointed by the governor of Nevada.
2. [All appointments of members to the commission must be made before February 1, 1988.] The members from Nevada serve for terms of 4 years and may be reappointed at the pleasure of the governor.
3. The commission shall elect one of its members to be chairman.
κ1991 Statutes of Nevada, Page 177 (CHAPTER 106, SB 292)κ
Sec. 4. Section 7 of chapter 568, Statutes of Nevada 1987, at page 1359, is hereby amended to read as follows:
Sec. 7. 1. This act becomes effective on January 1, 1988.
2. This act expires by limitation [on January 1, 1992.] 1 year after the date on which the governor declares by public proclamation that the super speed ground transportation system connecting southern California with southern Nevada has been completed.
Sec. 5. Sections 1, 2 and 3 of this act expire by limitation 1 year after the date on which the governor declares by public proclamation that the super speed ground transportation system connecting southern California with southern Nevada has been completed.
________
Senate Bill No. 27Committee on Commerce and Labor
CHAPTER 107
AN ACT relating to mortgage companies; imposing a fee for the reinstatement of a certificate of exemption; revising the provisions concerning advance payments made to obtain a loan; and providing other matters properly relating thereto.
[Approved April 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. A mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for a license for the succeeding year. The application and payment must be received by the commissioner on or before June 30 next preceding the expiration date. If the application or payment is not received by June 30, the license is canceled. The commissioner may reinstate the license if the licensee pay the filing fee and a reinstatement fee of $200.
2. The commissioner shall require a licensee to deliver a financial statement prepared from his books and records by an independent public accountant who holds a permit to engage in the practice of public accounting in this state which has not been revoked or suspended. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter. The commissioner may grant a reasonable extension for the submission of the financial statement if requested before the statement is due.
3. If a licensee maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If the licensee maintains any accounts described in subsection 3 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the commissioner at the same time as he submits the report to the company. The commissioner shall by regulation prescribe the scope of audits pursuant to this subsection.
κ1991 Statutes of Nevada, Page 178 (CHAPTER 107, SB 27)κ
commissioner shall by regulation prescribe the scope of audits pursuant to this subsection.
4. A certificate of exemption issued pursuant to subsection 4 of NRS 645B.020 expires December 31 next after the date of issuance if it is not renewed. A certificate of exemption may be renewed by filing an application for renewal and paying the annual fee for renewal of a certificate of exemption for the succeeding year. The application and payment must be received by the commissioner on or before December 31 next preceding the expiration date. If the application or payment is not received by December 31, the certificate of exemption is canceled. The commissioner may reinstate the certificate if the applicant pays the filing fee and a reinstatement fee of $100.
5. The filing fees are:
(a) For filing an original application, $1,500 for the principal office and $40 for each branch office. 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.
(b) If the license is approved for issuance, $1,000 for the principal office and $60 for each branch office before issuance.
(c) For filing an application for renewal, $500 for the principal office and $100 for each branch office.
(d) For filing an application for a certificate of exemption, $200.
(e) For filing an application for renewal of a certificate of exemption, $100.
(f) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
6. Except as otherwise provided in this chapter, all fees received under this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 2. NRS 645B.165 is hereby amended to read as follows:
645B.165 1. The amount of any advance fee, salary, deposit or money paid to any mortgage company or other person to obtain a loan which will be secured by a lien on real property must be placed in escrow pending completion of the loan or a commitment for the loan. [Any mortgage company or other person who receives such an advance payment and does not place it in escrow shall refund the full amount of the payment immediately upon demand of the person who made the payment.]
2. The amount held in escrow must be released:
(a) Upon completion of the loan or commitment for the loan, to the mortgage company or other person to whom the advance fee, salary, deposit or money was paid.
(b) If the loan or commitment for the loan fails, to the person who made the payment.
3. Advance payments to cover reasonable estimated costs paid to third persons are excluded from the provisions of subsections 1 and 2 if the person making them first signs a written agreement which specifies the estimated costs by item and the estimated aggregate cost, and which recites that money advanced for costs will not be refunded. If an itemized service is not performed and the estimated cost thereof is not refunded, the recipient of the advance payment is subject to the penalties provided in subsection 4.
κ1991 Statutes of Nevada, Page 179 (CHAPTER 107, SB 27)κ
advance payment is subject to the penalties provided in subsection 4. [For loan applications of $50,000 or less, a mortgage company may retain advance payments only for costs paid to third parties.]
4. Any person who violates the provisions of subsection 1:
(a) Is guilty of a misdemeanor if the amount is less than $250;
(b) Is guilty of a gross misdemeanor if the amount is $250 or more but less than $1,000; or
(c) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, if the amount is $1,000 or more.
Sec. 3. NRS 205.950 is hereby amended to read as follows:
205.950 1. It is unlawful for a person to receive an advance fee, salary, deposit or money to obtain a loan for another unless he [:
(a) Places] places the advance fee, salary, deposit or money in escrow pending completion of the loan or a commitment for the loan . [; or
(b) Refunds the full amount of the payment immediately upon demand of the person who made the payment.]
2. Advance payments to cover reasonably estimated costs paid to third persons are excluded from the provisions of subsection 1 of the person making them first signs a written agreement which specifies the estimated costs by item and the estimated aggregate cost, and which recites that money advanced for costs will not be refunded. If an itemized service is not performed and the estimated cost thereof is not refunded, the recipient of the advance payment is subject to the penalties provided in subsection 3.
3. Any person who violates the provisions of this section:
(a) Is guilty of a misdemeanor if the amount is less than $250;
(b) Is guilty of a gross misdemeanor if the amount is $250 or more but less than $1,000; or
(c) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, if the amount is $1,000 or more.
________
κ1991 Statutes of Nevada, Page 180κ
Senate Bill No. 217Committee on Government Affairs
CHAPTER 108
AN ACT relating to state securities; increasing the limit on the principal amount of securities which the state may issue in connection with loans to municipalities; and providing other matters properly relating thereto.
[Approved April 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 350A.150 is hereby amended to read as follows:
350A.150 1. The board may, at the request of the state treasurer, to pay the cost of any lending project, borrow money or otherwise become obligated, and may provide evidence of those obligations by issuing state securities.
2. State securities may be outstanding pursuant to this chapter in an aggregate principal amount of not more than [$400,000,000.] $600,000,000.
3. State securities must be payable from taxes and may be additionally secured by all or any designated revenues from one or more lending projects. Any such state securities may be issued without an election or other preliminaries. No state securities may be issued to refund any municipal securities issued before May 29, 1981.
4. Provisions of the State Securities Law which are not inconsistent with the provisions of this chapter apply to the issuance of state securities [under] pursuant to this chapter.
Sec. 2. NRS 350A.155 is hereby amended to read as follows:
350A.155 1. The board may, at the request of the state treasurer, issue state securities to refund any state securities issued [under] pursuant to this chapter in the manner prescribed by and subject to the limitations of the State Securities Law for refunding.
2. No state securities may be issued [under] pursuant to this section without the concurrence of the municipality which issued the municipal securities purchased with the proceeds of the state securities to be refunded. At or before the time state securities are issued [under] pursuant to this section, the state treasurer and the municipality must agree as to the method of paying any costs incurred, making any cash deposits required for the refunding escrow, and allocating any savings achieved in connection with the refunding. Such a method may include an exchange of municipal securities acquired and held by the state treasurer [under] pursuant to this chapter for new securities validly issued as general obligations by the municipality or municipalities. New securities received from a municipality by the state treasurer must be held and payments received thereon applied in the same manner as required by this chapter for the original municipal securities.
3. The principal amount of state securities which have been refunded [under] pursuant to this section [need] must not be considered in computing compliance with the limitation of subsection 2 of NRS 350A.150, but outstanding state securities issued [under] pursuant to this section are subject to that limitation.
κ1991 Statutes of Nevada, Page 181 (CHAPTER 108, SB 217)κ
4. NRS 350A.160 does not apply to state securities issued [under] pursuant to this section.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 92Committee on Judiciary
CHAPTER 109
AN ACT relating to crimes; prohibiting a financial transaction that converts profits obtained illegally into other assets; providing a penalty; and providing other matters properly relating thereto.
[Approved April 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a monetary instrument represents the proceeds of or is directly or indirectly derived from any unlawful activity, it is unlawful for any person, having knowledge of that fact:
(a) To conduct or attempt to conduct a financial transaction involving the instrument:
(1) With the intent to further any unlawful activity;
(2) With the knowledge that the transaction conceals the location, source, ownership or control of the instrument; or
(3) With the knowledge that the transaction evades any provision of federal or state law that requires the reporting of a financial transaction.
(b) To transport or attempt to transport the monetary instrument:
(1) With the intent to further any unlawful activity;
(2) With the knowledge that the transportation conceals the location, source, ownership or control of any proceeds derived from unlawful activity; or
(3) With the knowledge that the transportation evades any provision of federal or state law that requires the reporting of a financial transaction.
2. Any person who violates any provision of subsection 1 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, by a fine of not more than $50,000, or by both fine and imprisonment.
3. Each violation of subsection 1 involving one or more monetary instruments totaling $10,000 or more shall be deemed a separate offense.
4. As used in this section:
(a) Financial transaction means any purchase, sale, loan, pledge, gift, transfer, deposit, withdrawal or other exchange involving a monetary instrument. The term does not include any instrument or transaction for the payment of assistance of counsel in a criminal prosecution.
κ1991 Statutes of Nevada, Page 182 (CHAPTER 109, SB 92)κ
(b) Monetary instrument includes any coin or currency of the United States or any other country, any travelers check, personal check, money order, bank check, cashiers check, stock, bond, precious metal, precious stone or gem or any negotiable instrument to which title passes upon delivery. The term does not include any instrument or transaction for the payment of assistance of counsel in a criminal prosecution.
(c) Unlawful activity includes any crime related to racketeering as defined in NRS 207.360 or any offense punishable as a felony pursuant to state or federal statute. The term does not include any procedural error in the acceptance of a credit instrument, as defined in NRS 463.367, by a person who holds a nonrestricted gaming license.
________
Senate Bill No. 20Committee on Commerce and Labor
CHAPTER 110
AN ACT relating to investigators; eliminating the requirement that licensees of the private investigators licensing board hold work cards issued by local sheriffs; authorizing cities and counties to enact certain ordinances regulating the unlicensed employees of licensees; clarifying the definition of private patrolman; and providing other matters properly relating thereto.
[Approved April 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 648 of NRS is hereby amended by adding thereto a new section to read as follows:
Security consultant means a person licensed as a private patrolman or private investigator who engages in the business of furnishing advice on the proper methods and equipment for providing security and protection for persons and property.
Sec. 2. NRS 648.013 is hereby amended to read as follows:
648.013 Private patrolman means a person engaged in the business of employing and providing for other persons watchmen, guards, patrolmen, uniformed [traffic-control officers,] officers to control traffic, bodyguards or other persons for the purpose of protecting persons or property, including armored transport, to prevent the theft, loss or concealment of property of any kind or to investigate the theft, loss or concealment of property he has been hired to protect.
Sec. 3. NRS 648.018 is hereby amended to read as follows:
648.018 Except as to polygraphic examiners and interns, this chapter does not apply:
1. To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada, while the detective or officer is engaged in the performance of his official duties.
κ1991 Statutes of Nevada, Page 183 (CHAPTER 110, SB 20)κ
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while the officer is engaged in the performance of his official duties.
3. To insurance adjusters and their associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who are not otherwise engaged in the business of private investigators.
4. To any person employed by an employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists [.] , except as otherwise provided in NRS 648.060, 648.140 and 648.203.
5. To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
6. To a charitable philanthropic society or association duly incorporated under the laws of this state which is organized and maintained for the public good and not for private profit.
7. To an attorney at law in performing his duties as such.
8. To a collection agency unless engaged in business as a repossessor, licensed by the commissioner of financial institutions, or an employee thereof while acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.
9. To admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.
10. To any bank organized under the laws of this state or to any national bank engaged in banking in this state.
11. To any person employed to administer a program of supervision for persons who are serving terms of residential confinement.
Sec. 4. NRS 648.060 is hereby amended to read as follows:
648.060 1. No person may:
[1.] (a) Engage in the business of private investigator, private patrolman, process server, repossessor, dog handler, security consultant or polygraphic examiner or intern; or
[2.] (b) Advertise his business as such, irrespective of the name or title actually used,
unless he is licensed pursuant to this chapter . [and holds a work card issued by the sheriff of the county in which the work is performed authorizing him to engage in his business.]
2. No person may be employed by a licensee unless he holds a work card issued by the sheriff of the county in which the work is to be performed. The provisions of this subsection do not apply to a person licensed pursuant to this chapter.
Sec. 5. NRS 648.140 is hereby amended to read as follows:
648.140 1. Any license obtained pursuant to the provisions of this chapter gives the licensee or any bona fide employee of the licensee authority to engage in the type of business for which he is licensed in any county or city in the State of Nevada. A county or city shall not enact ordinances regulating persons licensed pursuant to this chapter, except [general] :
κ1991 Statutes of Nevada, Page 184 (CHAPTER 110, SB 20)κ
(a) Ordinances regulating the employer-employee relationship of licensees and their unlicensed employees; and
(b) General business regulations designed to raise revenue or assure compliance with building codes and ordinances or regulations concerning zoning and safety from fire.
2. Except for polygraphic examiners and interns, a licensee may employ, in connection with his business, as many unlicensed persons as may be necessary, but at all times every licensee is accountable for the good conduct of every person employed by him in connection with his business. Each licensee shall furnish the board with the information requested by it concerning all unlicensed employees, except clerical personnel, and shall notify the board within 10 days after such employees begin or terminate their employment.
3. The board may by regulation require that a licensee pay registration fees for each of his unlicensed employees, except clerical employees, and impose such terms and conditions in connection with those fees as it deems appropriate. The registration fee must not exceed $10 for each unlicensed employee.
4. Each licensee shall report quarterly on forms provided by the board the name of each unlicensed employee employed by him at the time of the report and the name of each unlicensed employee who has left his employ since the date of the last quarterly report. The report required by this subsection is in addition to the reports required by subsection 2.
Sec. 6. NRS 648.203 is hereby amended to read as follows:
648.203 1. Except as otherwise provided in subsection 2, it is unlawful for a person to:
(a) Allow an employee, including an independent contractor, to perform any work [as a security guard] regulated pursuant to the provisions of this chapter unless the employee holds a work card authorizing his work [as a security guard issued in accordance with applicable ordinances] which is issued by the sheriff of the county in which the work is performed. The provisions of this paragraph do not apply to a person licensed pursuant to this chapter.
(b) Work as a security guard unless he holds a work card authorizing his work as a security guard issued in accordance with applicable ordinances by the sheriff of the county in which the work is performed.
2. The provisions of this section do not apply in any county whose population is less than 100,000, but this section does not prohibit a board of county commissioners from adopting similar restrictions by ordinance.
3. The sheriff of any county in which such restrictions apply may submit the fingerprints of any person applying for such a work card to the central repository for Nevada records of criminal history and to the Federal Bureau of Investigation to determine the applicants criminal history.
Sec. 7. NRS 648.0063 is hereby repealed.
________
κ1991 Statutes of Nevada, Page 185κ
Assembly Bill No. 357Committee on Judiciary
CHAPTER 111
AN ACT relating to actions; limiting the liability of an owner of real property for injuries to persons who are hang gliding or para-gliding; and providing other matters properly relating thereto.
[Approved April 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.510 is hereby amended to read as follows:
41.510 1. [An] Except as otherwise provided in subsection 3, an owner, lessee or occupant of premises owes no duty to keep the premises safe for entry or use by others for crossing over to public land, hunting, fishing, trapping, camping, hiking, sightseeing, hang gliding, para-gliding or for any other recreational purposes, or to give warning of any hazardous condition, activity or use of any structure on the premises to persons entering for those purposes . [, except as provided in subsection 3.
2. When]
2. Except as otherwise provided in subsection 3, when an owner, lessee or occupant of premises gives permission to another to cross over to public land, hunt, fish, trap, camp, hike, sightsee, hang glide, para-glide or [to] participate in other recreational activities, upon his premises:
(a) He does not thereby extend any assurance that the premises are safe for that purpose, constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted . [, except as provided in subsection 3.]
(b) That person does not thereby acquire any property rights in or rights of easement to the premises.
3. This section does not limit the liability which would otherwise exist for:
(a) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.
(b) Injury suffered in any case where permission to cross over to public land, hunt, fish, trap, camp, hike, sightsee, hang glide, para-glide or [to] participate in other recreational activities, was granted for consideration other than the consideration, if any, paid to the landowner by the state or any subdivision thereof.
(c) Injury caused by acts of persons to whom permission to cross over to public land, hunt, fish, trap, camp, hike, sightsee, hang glide, para-glide or [to] participate in other recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
4. Nothing in this section creates a duty of care or ground of liability for injury to person or property.
________
κ1991 Statutes of Nevada, Page 186κ
Assembly Bill No. 314Committee on Judiciary
CHAPTER 112
AN ACT relating to prisoners; providing for electronic supervision outside a jail; providing a penalty; and providing other matters properly relating thereto.
[Approved April 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 211 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Unless the sentencing court otherwise orders in a particular case, the sheriff or chief of police may supervise a convicted prisoner electronically instead of confining him physically in the county or city jail if:
1. The prisoner has a residential living situation which is capable of meeting the standards set in the general rules and individual conditions for electronic supervision; and
2. The sheriff or chief of police concludes that electronic supervision poses no unreasonable risk to public safety.
Sec. 3. 1. A prisoner need not be employed, be eligible for release for work under NRS 211.120, or participate in an educational program to be eligible for electronic supervision.
2. A prisoner who is electronically supervised is eligible for employment, release for work, and educational programs upon the same conditions as a prisoner physically confined.
Sec. 4. The board of county commissioners or the governing body of the city shall set an application fee and a daily fee for electronic supervision reasonably commensurate with its cost to the county or city. A prisoner so supervised shall pay toward the fees according to his ability to pay.
Sec. 5. The sheriff or chief of police may contract with a private firm to perform electronic supervision under his direction.
Sec. 6. The sheriff or chief of police shall establish general rules and individual conditions for electronic supervision. If a prisoner violates such a rule or condition, the sheriff or chief of police may return him to physical confinement.
Sec. 7. With the approval of the court of jurisdiction for the particular case, the sheriff or chief of police may supervise an unconvicted person detained before his trial in the manner provided for convicted prisoners in sections 2 to 6, inclusive, of this act. If such approval is given, the provisions of sections 2 to 6, inclusive, of this act apply to the unconvicted person in the same manner as they apply to a convicted prisoner.
Sec. 8. NRS 211.160 is hereby amended to read as follows:
211.160 1. Except in accordance with criteria established pursuant to subsection 2 [,] or as otherwise provided in sections 2 to 7, inclusive, of this act, no prisoner or prisoners may be allowed to go from the walls of the prison without a sufficient guard.
2. The responsible sheriff, chief of police or town marshal shall establish criteria for determining whether, and to what extent, supervision is required for a prisoner who is assigned to work pursuant to subsection 2 of NRS 211.140.
κ1991 Statutes of Nevada, Page 187 (CHAPTER 112, AB 314)κ
for a prisoner who is assigned to work pursuant to subsection 2 of NRS 211.140. He shall, with the consent of the administrator of the medical facility, establish criteria for such a determination regarding a prisoner who is incapacitated and is admitted to a medical facility for medical treatment.
Sec. 9. NRS 211.170 is hereby amended to read as follows:
211.170 1. For each month in which a prisoner who is sentenced to a term of imprisonment in a local detention facility before October 1, 1991:
(a) Appears by the reports required by NRS 211.150, to have been obedient, orderly and faithful, the sheriff of the county or the chief of police of the municipality in which the prisoner is incarcerated may deduct not more than 5 days from the term of imprisonment of the prisoner.
(b) Diligently performs his assigned work, the sheriff or chief of police may deduct:
(1) Not more than 10 additional days if his sentence is 270 days or more;
(2) Not more than 7 additional days if his sentence is 180 days or more but less than 270 days;
(3) Not more than 5 additional days if his sentence is 30 days or more but less than 180 days;
(4) Not more than 3 additional days if his sentence is 15 days or more but less than 30 days; and
(5) No additional days if his sentence is less than 15 days.
2. Deductions earned under paragraph (a) of subsection 1 for any period of time less than a month must be credited on a pro rata basis.
3. If, while incarcerated, a prisoner:
(a) Commits a criminal offense;
(b) Commits an act which endangers human life; [or]
(c) Intentionally disobeys a rule of the jail [,] ; or
(d) Intentionally disobeys a rule or individual condition established pursuant to section 6 of this act,
all or part of any deductions the prisoner has earned under this section may be forfeited as the sheriff or chief of police determines.
4. Before any forfeiture under subsection 3 may occur, the prisoner must be given reasonable notice of the alleged misconduct for which the forfeiture is sought and an opportunity for a hearing on that misconduct.
Sec. 10. Section 2 of Assembly Bill No. 68 of this session is hereby amended to read as follows:
Sec. 2. 1. For each month in which a prisoner who is sentenced to a term of imprisonment in a local detention facility:
(a) Appears by the reports required by NRS 211.150, to have been obedient, orderly and faithful, the sheriff of the county or the chief of police of the municipality in which the prisoner is incarcerated may deduct not more than 5 days from the term of imprisonment of the prisoner.
(b) Diligently performs his assigned work, the sheriff or chief of police may deduct:
(1) Not more than 10 additional days if his term of imprisonment is 270 days or more;
κ1991 Statutes of Nevada, Page 188 (CHAPTER 112, AB 314)κ
(2) Not more than 7 additional days if his term of imprisonment is 180 days or more but less than 270 days;
(3) Not more than 5 additional days if his term of imprisonment is 30 days or more but less than 180 days;
(4) Not more than 3 additional days if his term of imprisonment is 15 days or more but less than 30 days; and
(5) No additional days if his term of imprisonment is less than 15 days.
2. Deductions earned under subsection 1 for any period which is less than 1 month must be credited on a pro rata basis.
3. If, while incarcerated, a prisoner:
(a) Commits a criminal offense;
(b) Commits an act which endangers human life; [or]
(c) Intentionally disobeys a rule of the facility [,] ; or
(d) Intentionally disobeys a rule or individual condition established pursuant to section 6 of Assembly Bill No. 314 of this session,
all or part of any deductions the prisoner has earned under this section may be forfeited as the sheriff or chief of police determines. Before any forfeiture may occur, the prisoner must be given reasonable notice of the alleged misconduct for which the forfeiture is sought and an opportunity for a hearing on that misconduct.
4. The provisions of this section apply to any prisoner who is sentenced to a term of imprisonment in a local detention facility on or after October 1, 1991:
(a) Pursuant to a judgment of imprisonment or a fine and imprisonment; or
(b) For a definite period for contempt in any proceeding which is not a criminal proceeding.
5. As used in the section, term of imprisonment means the total number of days a prisoner is incarcerated in the facility, including, unless the court otherwise orders at his sentencing hearing, the time he actually spent in confinement from the date of his arrest to the date on which his sentence begins.
Sec. 11. Sections 9 and 10 of this act become effective at 12:01 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 189κ
Assembly Bill No. 288Committee on Judiciary
CHAPTER 113
AN ACT relating to securities; eliminating the exemption from registration provided for certain securities; and providing other matters properly relating thereto.
[Approved April 19, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 90.320 is hereby amended to read as follows:
90.320 1. The following broker-dealers are exempt from licensing under NRS 90.310:
(a) A broker-dealer who is registered or, is not required to be registered under the Securities Exchange Act of 1934 and who has no place of business in this state if:
(1) The transactions effected by the broker-dealer in this state are exclusively with the issuer of the securities involved in the transactions, other broker-dealers licensed or exempt under this chapter, and financial or institutional investors;
(2) The broker-dealer is licensed under the securities laws of a state in which he maintains a place of business and he offers and sells in this state to a person who is an existing customer of the broker-dealer and whose principal place of residence is not in this state; or
(3) The broker-dealer is licensed under the securities laws of a state in which he maintains a place of business and during any 12 consecutive months he does not effect transactions with more than five persons in this state in addition to the transactions with the issuers of the securities involved in the transactions, financial or institutional investors, or broker-dealers, whether or not the offeror or an offeree is then present in this state.
(b) Other broker-dealers the administrator by regulation or order exempts.
2. The following sales representatives are exempt from licensing under NRS 90.310:
(a) A sales representative acting for a broker-dealer exempt under subsection 1;
(b) A sales representative acting for an issuer in effecting transactions in a security exempted by paragraphs (a), (b), (c), (d), [(l), (m) and (n)] (k), (l) or (m) of subsection 2 of NRS 90.520;
(c) A sales representative acting for an issuer effecting offers or sales of securities in transactions exempted by NRS 90.530;
(d) A sales representative acting for an issuer effecting transactions with employees, partners, officers or directors of the issuer, a parent or a wholly owned subsidiary of the issuer, if no commission or other similar compensation is paid or given directly or indirectly to the sales representative for soliciting an employee, partner, officer or director in this state; and
(e) Other sales representatives the administrator by regulation or order exempts.
Sec. 2. NRS 90.520 is hereby amended to read as follows:
90.520 1. As used in this section:
κ1991 Statutes of Nevada, Page 190 (CHAPTER 113, AB 288)κ
(a) Guaranteed means guaranteed as to payment of all or substantially all of principal and interest or dividends.
(b) Insured means insured as to payment of all or substantially all of principal and interest or dividends.
2. Except as otherwise provided in subsections 4 and 5, the following securities are exempt from NRS 90.460 and 90.560:
(a) A security, including a revenue obligation, issued, insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or a certificate of deposit for any of the foregoing, but this exemption does not include a security payable solely from revenues to be received from a nongovernmental industrial or commercial enterprise unless the:
(1) Payments are insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or by a person whose securities are exempt from registration under paragraphs (b) to (e), inclusive, or (g), or the revenues from which the payments are to be made are a direct obligation of such a person;
(2) Security is issued by this state or an agency, instrumentality or political subdivision of this state; or
(3) Payments are insured or guaranteed by a person who, within the 12 months next preceding the date on which the securities are issued, has received a rating within one of the top four rating categories of either Moodys Investor Service, Inc., or Standard and Poors Corporation.
(b) A security issued, insured or guaranteed by Canada, a Canadian province or territory, a political subdivision of Canada or of a Canadian province or territory, an agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government or governmental combination or entity with which the United States maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer, insurer or guarantor.
(c) A security issued by and representing an interest in or a direct obligation of a depository institution if the deposit or share accounts of the depository institution are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Share Insurance Fund or a successor to an applicable agency authorized by federal law.
(d) A security issued by and representing an interest in or a direct obligation of, or insured or guaranteed by, an insurance company organized under the laws of any state and authorized to do business in this state.
(e) A security issued or guaranteed by a railroad, other common carrier, public utility or holding company that is:
(1) Subject to the jurisdiction of the Interstate Commerce Commission;
κ1991 Statutes of Nevada, Page 191 (CHAPTER 113, AB 288)κ
(2) A registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of a registered holding company within the meaning of that act;
(3) Regulated in respect to its rates and charges by a governmental authority of the United States or a state; or
(4) Regulated in respect to the issuance or guarantee of the security by a governmental authority of the United States, a state, Canada, or a Canadian province or territory.
(f) Equipment trust certificates in respect to equipment leased or conditionally sold to a person, if securities issued by the person would be exempt under this section.
(g) A security listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange or other exchange designated by the administrator, any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so listed or approved, or a warrant or right to purchase or subscribe to any of the foregoing.
(h) A security designated or approved for designation upon issuance or notice of issuance for inclusion in the national market system by the National Association of Securities Dealers, Inc., any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.
(i) [A security designated or approved for designation upon issuance or notice of issuance for inclusion in the automated quotation system of the National Association of Securities Dealers, Inc., that are not included under paragraph (h), any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.
(j)] An option issued by a clearing agency registered under the Securities Exchange Act of 1934, other than an off-exchange futures contract or substantially similar arrangement, if the security, currency, commodity, or other interest underlying the option is:
(1) Registered under NRS 90.470, 90.480 or 90.490;
(2) Exempt under this section; or
(3) Not otherwise required to be registered under this chapter.
[(k)] (j) A security issued by a person organized and operated not for private profit but exclusively for a religious, educational, benevolent, charitable, fraternal, social, athletic or reformatory purpose, or as a chamber of commerce or trade or professional association if at least 10 days before the sale of the security the issuer has filed with the administrator a notice setting forth the material terms of the proposed sale and copies of any sales and advertising literature to be used and the administrator by order does not disallow the exemption within the next 5 full business days.
[(l)] (k) A promissory note, draft, bill of exchange or bankers acceptance that evidences an obligation to pay cash within 9 months after the date of issuance, exclusive of days of grace, is issued in denominations of at least $50,000 and receives a rating in one of the three highest rating categories from a nationally recognized statistical rating organization, or a renewal of such an obligation that is likewise limited, or a guarantee of such an obligation or of a renewal.
κ1991 Statutes of Nevada, Page 192 (CHAPTER 113, AB 288)κ
$50,000 and receives a rating in one of the three highest rating categories from a nationally recognized statistical rating organization, or a renewal of such an obligation that is likewise limited, or a guarantee of such an obligation or of a renewal.
[(m)] (l) A security issued in connection with an employees stock purchase, savings, option, profit-sharing, pension or similar employees benefit plan.
[(n)] (m) A membership or equity interest in, or a retention certificate or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of any state if not traded to the public.
[(o)] (n) A security issued by an issuer registered as an open-end management investment company or unit investment trust under section 8 of the Investment Company Act of 1940 if:
(1) The issuer is advised by an investment adviser that is a depository institution exempt from registration under the Investment Adviser Act of 1940 or that is currently registered as an investment adviser, and has been registered, or is affiliated with an adviser that has been registered, as an investment adviser under the Investment Advisers Act of 1940 for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph, and the issuer has acted, or is affiliated with an investment adviser that has acted, as investment adviser to one or more registered investment companies or unit investment trusts for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph; or
(2) The issuer has a sponsor that has at all times throughout the 3 years before an offer or sale of a security claimed to be exempt under this paragraph sponsored one or more registered investment companies or unit investment trusts the aggregate total assets of which have exceeded $100,000,000.
3. For the purpose of paragraph [(o)] (n) of subsection 2, an investment adviser is affiliated with another investment adviser if it controls, is controlled by, or is under common control with the other investment adviser.
4. The exemption provided by paragraph [(o)] (n) of subsection 2 is available only if the person claiming the exemption files with the administrator a notice of intention to sell which sets forth the name and address of the issuer and the securities to be offered in this state and pays a fee of:
(a) Two hundred and fifty dollars for the initial claim of exemption and the same amount at the beginning of each fiscal year thereafter in which securities are to be offered in this state, in the case of an open-end management company; or
(b) One hundred and fifty dollars for the initial claim of exemption in the case of a unit investment trust.
5. An exemption provided by paragraph (c), (e) to [(j),] (i), inclusive, or [(l)] (k) of subsection 2 is available only if, within the 12 months immediately preceding the use of the exemption, a notice of claim of exemption has been filed with the administrator and a nonrefundable fee of $150 has been paid.
________
κ1991 Statutes of Nevada, Page 193κ
Assembly Bill No. 260Assemblymen Dini, Johnson, Krenzer, Bache, Spitler, Arberry, Garner, Evans, Anderson, Wong, Norton, Wendell Williams, Little, Callister, Myrna Williams, Carpenter, Price, McGaughey, Petrak, Bergevin and Giunchigliani
CHAPTER 114
AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to issue special license plates to members of the civil air patrol; and providing other matters properly relating thereto.
[Approved April 24, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An owner of a motor vehicle who is a resident of this state and is a member of the Nevada Wing of the Civil Air Patrol may, upon application on a form prescribed and furnished by the department, signed by the member and his commanding officer and accompanied by proof of membership, be issued license plates upon which is inscribed CIVIL AIR PATROL with four consecutive numbers. The fee for the special license plates is $5, in addition to all other applicable registration and license fees and motor vehicle privilege taxes.
2. Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.
3. Any member of the Nevada Wing of the Civil Air Patrol who retires or is honorably discharged may retain any license plates issued to him pursuant to subsection 1. If a member is dishonorably discharged, he shall surrender any of these special plates in his possession to the department at least 10 days before his discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.
Sec. 2. NRS 482.285 is hereby amended to read as follows:
482.285 1. If any certificate of registration or certificate of ownership is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information satisfactory to the department and upon payment of the required fees.
2. If any special license plate or plates issued pursuant to NRS 482.3667, 482.368, 482.370, 482.373, 482.374, 482.375, 482.376, 482.378, 482.380 or 482.381 or section 1 of this act are lost, mutilated or illegible, the person to whom such plate or plates were issued shall immediately make application for and obtain a duplicate or substitute license plate or plates upon furnishing information satisfactory to the department and upon payment of the required fees.
κ1991 Statutes of Nevada, Page 194 (CHAPTER 114, AB 260)κ
3. If any license plate or plates, other than those provided for in subsection 2, or any decal is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon:
(a) Furnishing information satisfactory to the department; and
(b) Payment of the fees required by NRS 482.500.
4. The department shall issue duplicate or substitute plates if the applicant:
(a) Returns the mutilated or illegible plates to the department or certifies under oath that the plates were lost or stolen;
(b) Received the plates during the complete issuance of new license plates in 1968 and 1969; and
(c) Makes application for renewal of registration. Credit must be allowed for the portion of the registration fee and privilege tax attributable to the remainder of the current registration period.
Sec. 3. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration or ownership, decal or number plate is issued, the following fees must be paid:
For a certificate of registration or ownership .............................. $5.00
For every substitute number plate or set of plates .................... 5.00
For every duplicate number plate or set of plates ..................... 10.00
For every decal displaying a county name ................................. .50
For every other decal (license plate sticker or tab) .................... 5.00
2. A fee of $10 must be paid for a duplicate plate or set of plates if a special plate was issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.375, 482.376, 482.378 or 482.380 [.] or section 1 of this act. A fee must not be charged for a duplicate plate or set of plates issued under NRS 482.368, 482.370, 482.373 or 482.374.
3. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
4. For purposes of this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the prior plate or set.
________
κ1991 Statutes of Nevada, Page 195κ
Senate Bill No. 277Committee on Judiciary
CHAPTER 115
AN ACT relating to extraordinary remedies; increasing the time allowed for the return of a writ of attachment by the sheriff; and providing other matters properly relating thereto.
[Approved April 24, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 31.110 is hereby amended to read as follows:
31.110 The sheriff shall return the writ of attachment within [20] 25 days after its receipt, with a certificate of his proceeding endorsed thereon or attached thereto. The certificate [shall] must contain the date, time and place of each levy upon real or personal property, a full inventory of the personal property attached, a description of all real property attached, and the date, time and place where each writ of garnishment was served. The sheriff shall also attach to the writ of attachment a true and correct copy of each writ of garnishment served.
________
Assembly Bill No. 69Committee on Judiciary
CHAPTER 116
AN ACT relating to public administrators; allowing them to administer certain small estates without procuring letters of administration; and providing other matters properly relating thereto.
[Approved April 24, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 253 of NRS is hereby amended by adding thereto a new section to read as follows:
1. When the gross value of a decedents property situated in this state does not exceed $2,500, a public administrator may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his right to do so.
2. The affidavit must provide:
(a) The public administrators name and address, and his attestation that he is entitled by law to administer the estate;
(b) The decedents place of residence at the time of his death;
(c) That the gross value of the decedents property in this state does not exceed $2,500;
(d) That at least 40 days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal representative is pending or has been granted in this state;
(f) A description of the personal property of the decedent;
κ1991 Statutes of Nevada, Page 196 (CHAPTER 116, AB 69)κ
(g) Whether there are any heirs or next of kin known to the affiant, and if known, the name and address of each such person;
(h) If heirs or next of kin are known to the affiant, a description of the method of service he used to provide to each of them notice of the affidavit and that at least 10 days have elapsed since the notice was provided;
(i) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for; and
(j) The name of each person to whom the affiant intends to distribute the decedents property.
3. Before filing the affidavit with the court, the public administrator shall take reasonable steps to ascertain whether any of the decedents heirs or next of kin exist. If the administrator determines that heirs or next of kin exist, he shall serve each of them with a copy of the affidavit. Service must be made personally or by certified mail.
4. If the affiant:
(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives or distributes is subject to all debts of the decedent, based on the priority for payment of debts and charges specified in NRS 150.220.
(b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property he holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.
5. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.
6. Upon receiving proof of the death of the decedent, an affidavit containing the information required by this section and the written approval of the public administrator to do so:
(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.
Sec. 2. NRS 253.040 is hereby amended to read as follows:
253.040 1. Public administrators are authorized to administer on the estates of any deceased persons in any cases where by law they are entitled to administer by virtue of their office . [, and] Except as otherwise provided in section 1 of this act, public administrators are required to make formal application for letters of administration.
2. In counties whose population is 100,000 or more, the public administrator shall execute a bond to the State of Nevada in the amount of $100,000, conditioned that the public administrator will faithfully execute the duties of the trust according to law.
3. In counties whose population is less than 100,000, the official bond given pursuant to NRS 253.020 may secure the faithful execution of the public administrators duties for all estates for which he has been issued letters of administration , and all estates administered pursuant to section 1 of this act, if the aggregate value of all the estates does not exceed the amount of his bond.
κ1991 Statutes of Nevada, Page 197 (CHAPTER 116, AB 69)κ
letters of administration , and all estates administered pursuant to section 1 of this act, if the aggregate value of all the estates does not exceed the amount of his bond.
Sec. 3. NRS 253.0405 is hereby amended to read as follows:
253.0405 Before the issuance of the letters of administration for an estate, or before filing an affidavit to administer an estate pursuant to section 1 of this act, the public administrator may secure the property of a deceased person if he finds that:
1. There are no relatives of the deceased who are able to protect the property; and
2. Failure to do so could endanger the property.
Sec. 4. NRS 253.0415 is hereby amended to read as follows:
253.0415 The public administrator shall:
1. Investigate:
(a) The financial status of any proposed ward, for whom he has been requested to serve as guardian, to determine whether he is eligible to serve in that capacity.
(b) Whether there is any qualified person, who is willing and able to serve as guardian for a ward or administrator of the estate of an intestate decedent, to determine whether he is eligible to serve in that capacity.
2. Petition the court for appointment as guardian of the person and estate of any ward if, after investigation, the public administrator finds that he is eligible to serve. This petition for appointment as guardian must be made by the public administrator regardless of the amount of assets in the guardianship estate if no other qualified person having a prior right is willing and able to serve.
3. [Petition] Except as otherwise provided in section 1 of this act, petition the court for letters of administration of the estate of a person dying intestate if, after investigation, the public administrator finds that there is no other qualified person having a prior right who is willing and able to serve, and the estate does not exceed $25,000 in gross value.
4. Upon court order, act as:
(a) Guardian of the person and estate of an adult ward; or
(b) Administrator of the estate of a person dying intestate,
regardless of the amount of assets in the estate of the ward or decedent if no other qualified person is willing and able to serve.
Sec. 5. NRS 253.0425 is hereby amended to read as follows:
253.0425 1. If the public administrator finds that there is no qualified person willing and able to administer the estate of a particular decedent, he shall investigate further to estimate its gross value.
2. If the estate appears to have a gross value of $25,000 or less, he shall:
(a) Assist a proper person to petition to have it set aside without administration or directly receive the assets from a custodian, as the facts may warrant; [or]
(b) Himself petition to have the estate set aside without administration and properly distributed [.] ; or
(c) Administer the estate pursuant to section 1 of this act.
3. If the estate appears to have a gross value of more than $25,000:
κ1991 Statutes of Nevada, Page 198 (CHAPTER 116, AB 69)κ
(a) He shall proceed with summary or full administration as the value of the estate requires.
(b) He may retain an attorney to assist him, rotating this employment in successive estates among the attorneys practicing in the county who are qualified by experience and willing to serve. The attorneys fee is a charge upon the estate.
Sec. 6. NRS 253.044 is hereby amended to read as follows:
253.044 In a county whose population is less than 100,000, the board of county commissioners may, after reviewing each case, direct the public administrator or any other suitable person to:
1. Investigate:
(a) The financial status of any proposed ward for whom a request to serve as guardian has been received to determine whether there is a need for a guardian to be appointed and whether the public administrator or other suitable person designated by the board is able and eligible to serve in that capacity.
(b) Whether there is any qualified person who is willing and able to serve as guardian for a ward or administrator of the estate of an intestate decedent, and to determine whether there is a need for a guardian or an administrator and whether the public administrator or other suitable person designated by the board is eligible to serve in that capacity.
2. Petition the court for appointment as guardian of the person or as guardian of the person and estate of any ward if, after investigation, the public administrator or other suitable person designated by the board finds that there is a need for such an appointment and that he is able and eligible to serve. If no other qualified person having a prior right is willing and able to serve, the public administrator or other suitable person designated by the board shall petition for appointment as guardian regardless of the amount of assets in the estate of the proposed ward.
3. Petition the court for letters of administration of the estate of a person dying intestate if, after investigation, the public administrator or other suitable person designated by the board finds that there is no other qualified person having a prior right who is willing and able to serve, and the estate does not exceed $10,000 in gross value.
4. File an affidavit pursuant to section 1 of this act to administer the estate if, after investigation, the public administrator or other suitable person designated by the board finds that the gross value of the decedents property situated in this state does not exceed $2,500.
5. Act, upon order of a court, as:
(a) Guardian of the person and estate of an adult ward; or
(b) Administrator of the estate of a person dying intestate,
regardless of the amount of assets in the estate of the ward or decedent if no other qualified person is willing and able to serve.
________
κ1991 Statutes of Nevada, Page 199κ
Senate Bill No. 76Committee on Judiciary
CHAPTER 117
AN ACT relating to the termination of parental rights; requiring hearings for the termination of parental rights to be closed to members of the general public; and providing other matters properly relating thereto.
[Approved April 24, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 128.090 is hereby amended to read as follows:
128.090 1. At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.
2. The proceedings are civil in nature and are governed by the Nevada Rules of Civil Procedure. The court shall in all cases require the petitioner to establish the facts by clear and convincing evidence and shall give full and careful consideration to all of the evidence presented, with regard to the rights and claims of the parent of the child and to any and all ties of blood or affection, but with a dominant purpose of serving the best interests of the child.
3. Information contained in a report filed pursuant to NRS 432.100 to 432.130, inclusive, or chapter 432B of NRS may not be excluded from the proceeding by the invoking of any privilege.
4. In the event of postponement, all persons served, who are not present or represented in court at the time of the postponement, must be notified thereof in the manner provided by the Nevada Rules of Civil Procedure.
5. Any hearing held pursuant to this section must be held in closed court without admittance of any person other than those necessary to the action or proceeding, unless the court determines that holding such a hearing in open court will not be detrimental to the child.
________
Assembly Bill No. 409Committee on Labor and Management
CHAPTER 118
AN ACT relating to industrial insurance; clarifying the authority of hearing officers to decide contested claims arising from certain employments covered by private disability and death benefit plans; removing the authority of the administrator of the division of industrial insurance regulation of the department of industrial relations to hold hearings concerning such claims; and providing other matters properly relating thereto.
[Approved April 24, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.255 is hereby amended to read as follows:
κ1991 Statutes of Nevada, Page 200 (CHAPTER 118, AB 409)κ
616.255 [This]
1. Except as otherwise provided in subsection 2, this chapter shall not be construed to apply to:
[1.] (a) Employments which, according to law, are so engaged in interstate commerce as to be not subject to the legislative power of the state, [nor] or to persons while they are so engaged.
[2.] (b) Employments covered by private disability and death benefit plans which comprehend payments of compensation of equal or greater amounts for the purposes covered in this chapter, and which [have been] were in effect for at least 1 year [prior to] before July 1, 1947.
2. A person in an employment described in paragraph (b) of subsection 1 who is aggrieved by a decision of his employer or carrier under the plan relating to the payment of benefits may request a hearing before a hearing officer pursuant to the provisions of this chapter.
Sec. 2. NRS 616.256 is hereby amended to read as follows:
616.256 1. The administrator may determine whether private disability and death benefit plans specified in paragraph (b) of subsection [2] 1 of NRS 616.255 provide payments of compensation of equal or greater amounts for the purposes covered in this chapter . [and may hold hearings to resolve any controversy between an injured employee, or in the case of his death, his dependents, and the employer or carrier under such plan relating to the benefits payable to any such employee or his dependents thereunder.]
2. Every employer in an employment specified in paragraph (b) of subsection [2] 1 of NRS 616.255 shall annually:
(a) Submit to the administrator for approval a certified copy of the disability and death benefit plans covering his employees.
(b) Submit to the administrator, in the form prescribed by the administrator, financial information relating to employee exposure and claim losses incurred in such employment.
(c) Report to the administrator accidents for which benefits under such plans are provided.
3. If the administrator determines that a private disability and death benefit plan specified in paragraph (b) of subsection [2] 1 of NRS 616.255 does not provide payments of compensation of equal or greater amounts for the purposes covered in this chapter, this chapter applies to the employment covered by such plan.
________
κ1991 Statutes of Nevada, Page 201κ
Assembly Bill No. 78Committee on Natural Resources, Agriculture and Mining
CHAPTER 119
AN ACT relating to mining; clarifying and revising certain provisions concerning mining reclamation; and providing other matters properly relating thereto.
[Approved April 24, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 519A.240 is hereby amended to read as follows:
519A.240 If a mining operation or exploration project is conducted on land administered by a federal agency, an approved federal plan of [reclamation] operations and a surety that are consistent with the requirements of this chapter supersede the requirements for a permit and bond or other surety otherwise required by this chapter. If the mining operation or exploration project is conducted on a site which includes both public land and privately owned land, compliance with the federal plan suffices if that plan substantially provides for the reclamation and bond or other surety required by this chapter. Nothing in this section affects the requirement for a permit set forth in NRS 519A.180 or 519A.200 or the required payment of fees set forth in NRS 519A.160 or 519A.260.
Sec. 2. NRS 519A.260 is hereby amended to read as follows:
519A.260 1. Each operator shall, on or before April 15 of each year , [after a permit has been issued to him,] submit to the administrator a report [for the preceding calendar year] relating to the status and production of all mining operations and exploration projects in which he has engaged and identifying each acre of land affected and land reclaimed by that mining operation [,] or exploration project through the preceding calendar year, and shall pay to the division a fee of:
(a) One dollar and fifty cents for each acre of public land administered by a federal agency; and
(b) Five dollars and fifty cents for each acre of privately owned land,
which [was] has been distributed by mining operations or exploration projects engaged in by the operator and not reclaimed . [during the preceding calendar year.]
2. All money received by the state treasurer pursuant to paragraph (a) of subsection 1 together with three-elevenths of all money received by the state treasurer pursuant to paragraph (b) of subsection 1, up to a maximum of $100,000 annually, must be distributed directly to the bureau of mines and geology of the State of Nevada to be used to carry out the provisions of NRS 514.060. Any money in excess of the maximum and the balance collected pursuant to paragraph (b) of subsection 1 must be credited to the appropriate account for the division and used to administer the provisions of this chapter.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 202κ
Senate Bill No. 145Committee on Commerce and Labor
CHAPTER 120
AN ACT relating to juvenile courts; expanding the authority of the court to commit certain children to the custody of the youth services division of the department of human resources; and providing other matters properly relating thereto.
[Approved April 24, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.211 is hereby amended to read as follows:
62.211 1. If the court finds that the child is within the purview of this chapter, except as otherwise provided in subsection 3, it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court must not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and must not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) [Commit] If the child is 12 years of age or older, commit the child to the custody of the youth services division of the department of human resources for suitable placement in a correctional or institutional facility. The division must notify the parents of the child and the court before transferring a child from one such facility to another.
(d) If the child is between the ages of 8 and 12 and, but for the age of the child, the court would have committed the child to the Caliente youth center or the Nevada youth training center, commit the child to the custody of the youth services division of the department of human resources for suitable placement in a public or private institution or agency authorized to care for children . [, if the child is between the ages of 8 and 12, and but for the age of the child, the court would have committed the child to the Caliente youth center or the Nevada youth training center.
(d)] (e) Order such medical, psychiatric, psychologic or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
[(e)] (f) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
κ1991 Statutes of Nevada, Page 203 (CHAPTER 120, SB 145)κ
caused or tended to cause the child to come within or remain under the provisions of this chapter.
[(f)] (g) Place the child, when he is not in school, under the supervision of a public organization to work on public projects or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.
[(g)] (h) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
[(h)] (i) Require the child to provide restitution to the victim of the crime which the child has committed.
[(i)] (j) Impose a fine on the child.
2. If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public.
3. If the court finds that the child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:
(a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and
(b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.
A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.
4. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
Sec. 2. NRS 435.081 is hereby amended to read as follows:
435.081 1. The administrator or his designee may receive a mentally retarded person of [the State of Nevada] this state for services in a facility operated by the division if:
(a) He is mentally retarded as defined in NRS 433.174 and is in need of institutional training and treatment;
κ1991 Statutes of Nevada, Page 204 (CHAPTER 120, SB 145)κ
(b) Space is available which is designed and equipped to provide appropriate care for him;
(c) The facility has or can provide an appropriate program of training and treatment for him; and
(d) There is written evidence that no less restrictive alternative is available in his community.
2. A mentally retarded person may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.
3. A court may order that a mentally retarded person be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period the division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
4. A child may be received, cared for and examined at a division facility for the mentally retarded for not more than 10 working days without admission, if the examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph [(d)] (e) of subsection 1 of NRS 62.211 and subsection 1 of NRS 432B.560. At the end of the 10 days, the administrator or his designee shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 7 days after the administrators report.
5. The parent or guardian of a person believed to be mentally retarded may apply to the administrative officer of a division facility to have the person evaluated by personnel of the division who are experienced in the diagnosis of mental retardation. The administrative officer may accept the person for evaluation without admission.
6. If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
7. If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself if he has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the persons best interests, he may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.
________
κ1991 Statutes of Nevada, Page 205κ
Senate Bill No. 254Committee on Government Affairs
CHAPTER 121
AN ACT relating to the Airport Authority of Washoe County; making various changes relating to concession agreements entered into by the authority; and providing other matters properly relating thereto.
[Approved April 24, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 9 of chapter 474, Statutes of Nevada 1977, as amended by chapter 737, Statutes of Nevada 1989, at page 1724, is hereby amended to read as follows:
Sec. 9. 1. [The] Except as otherwise provided in subsection 2, the board shall comply with the provisions of the Local Government Purchasing Act and the Local Government Budget Act.
2. [This section does not require that concession agreements entered into by the board comply with the bidding requirements of the Local Government Purchasing Act.] Except as otherwise provided in section 10.2 of this act, any concession agreement entered into by the authority in conformity with the provisions of that section need not conform to the requirements of the Local Government Purchasing Act.
Sec. 2. Section 10.2 of chapter 474, Statutes of Nevada 1977, as added by chapter 737, Statutes of Nevada 1989, at page 1726, is hereby amended to read as follows:
Sec. 10.2. 1. [Except as otherwise provided in subsection 2, the] The authority may enter into any concession agreement if the board or its authorized representative reviews the agreement and determines it is in the best interest of the authority. In making [the] this determination, the board or its authorized representative shall consider whether the proposed fees to be paid to the authority for the privileges granted are conducive to revenue generation and providing high quality service to the traveling public.
2. Before entering into any concession agreement [pursuant to subsection 1,] providing estimated revenue to the authority of more than $10,000, the authority must [publish] :
(a) Comply with the bidding requirements of the Local Government Purchasing Act; or
(b) Publish notice of its intention to enter the agreement in a newspaper of general circulation in the county at least [once a week for 30] three times during a period of 10 days. The notice must specify the date, time and place of a regular meeting of the authority to be held after completion of the publication at which any interested person may appear. [No concession agreement may be entered into by the authority unless the publication and the meeting takes place as provided in this subsection.]
3. The board may authorize the executive director of the authority to enter into any concession agreement on behalf of the authority if the agreement provides estimated revenue to the authority of $10,000 or less.
κ1991 Statutes of Nevada, Page 206 (CHAPTER 121, SB 254)κ
agreement provides estimated revenue to the authority of $10,000 or less. Such an agreement is not subject to the provisions of subsection 2.
________
Senate Bill No. 264Committee on Government Affairs
CHAPTER 122
AN ACT relating to state finances; relieving the director of the state department of conservation and natural resources of the duty to keep certain records relating to escheated personal property; clarifying the status of certain funds and accounts administered by state agencies; and providing other matters properly relating thereto.
[Approved April 24, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 154.110 is hereby amended to read as follows:
154.110 The director of the state department of conservation and natural resources shall keep a true record or description of all real [and personal] property vested in the state by escheat. All real property must be described by legal subdivision, by metes and bounds sufficiently accurate to identify the ground on an approved township plat from the Bureau of Land Management or, if within an approved townsite, by reference to the lot, block, and tract or subdivision.
Sec. 2. NRS 433A.090 is hereby amended to read as follows:
433A.090 [The] There is hereby created a revolving account for the mental health institute [revolving fund] in the sum of $7,500 [is hereby created and] , which may be used for the payment of bills of the institute [bills] requiring immediate payment and for no other [purposes.] purpose. The administrative officer for the institute shall deposit the revolving [fund] account in one or more banks of reputable standing. Payments made from the [mental health institute revolving fund] revolving account must be promptly reimbursed from appropriated money of the institute as other claims against the state are paid.
Sec. 3. NRS 538.191 is hereby amended to read as follows:
538.191 1. Except as otherwise provided in the covenants of bonds issued by the State of Nevada and as provided in [subsections 2 and 3,] subsection 2, all revenues derived from the sale, lease or use of water or power which become due to the State of Nevada under any lease, contract or sale, or otherwise, of water or power obtained from the Colorado River power and water system, and from other sources, must be deposited with the state treasurer for credit to the Colorado Rover commission fund which is hereby created as a special revenue fund. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
2. There is hereby created the Colorado River research and development fund as a special revenue fund for the purpose of defraying the costs of engineering studies, analysis, negotiation and such other efforts as may, in the opinion of the commission, be necessary and proper for the protection of the interests of this state in the development and acquisition of sources of water and power along and related to the Colorado River and elsewhere.
κ1991 Statutes of Nevada, Page 207 (CHAPTER 122, SB 264)κ
the opinion of the commission, be necessary and proper for the protection of the interests of this state in the development and acquisition of sources of water and power along and related to the Colorado River and elsewhere. The charge for water and power included in any lease or contract executed after April 18, 1963, between the commission and water or power users must be sufficient in amount to maintain the Colorado River research and development fund in addition to defraying the cost to the commission of water and power delivered. When collected, these additional revenues must be deposited with the state treasurer for credit to the fund. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
3. [There is hereby created the Colorado River power and water fund as a special revenue fund. All transactions not accounted for in the Colorado River commission fund, the Colorado River research and development fund and the commissions enterprise funds involving the purchase and subsequent sale of power and water must be accounted for in this fund. All revenues received from those transactions must be deposited with the state treasurer for credit to this fund. Any balance in this fund on June 30 of each fiscal year must be transferred to the Colorado River commission fund the following fiscal year. The interest and income earned on money in the fund, after deducting any applicable charges, must be credited to the fund.
4.] Money in the funds provided for in this section must be paid out on claims as other claims against the state are paid, after the claims have been approved by the commission.
Sec. 4. NRS 616.423 is hereby amended to read as follows:
616.423 1. There is hereby established in the state treasury the fund for workers compensation and safety [.] as a special revenue fund. All money received from assessments levied on insurers by the director pursuant to NRS 232.680 must be deposited in this fund.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the department for functions supported in whole or in part from the fund must be delivered to the custody of the state treasurer for deposit to the credit of the fund.
3. All money and securities in the fund must be [held in trust by the state treasurer as custodian thereof to be] used solely for workers compensation and the administration of regulations for the safety of employees.
4. The state treasurer may disburse money from the fund only upon written order of the controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The commissioner [of insurance] shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner [of insurance] 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
Sec. 5. NRS 616.4261 is hereby amended to read as follows:
616.4261 1. There is hereby established as a trust fund in the state treasury the subsequent injury fund , which may be used only to make payments in accordance with the provisions of NRS 616.427 and NRS 616.428.
κ1991 Statutes of Nevada, Page 208 (CHAPTER 122, SB 264)κ
payments in accordance with the provisions of NRS 616.427 and NRS 616.428. The administrator [of the division of industrial insurance regulation] shall administer the fund.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers compensation.
4. The state treasurer may disburse money from the fund only upon written order of the state controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The director must adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by the insurers, and must be based upon expected annual expenditures for claims.
7. The commissioner [of insurance] shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner [of insurance] 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
Sec. 6. NRS 616.437 is hereby amended to read as follows:
616.437 1. There is hereby established as a trust fund in the state treasury the uninsured employers claim fund , which may be used only for the purpose of making payments in accordance with the provisions of NRS 616.377. The administrator shall administer the fund and shall credit any excess [funds] money toward the assessments of the insurers for the succeeding years.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the uninsured employers claim fund must be delivered to the custody of the state treasurer.
3. All money and security in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers compensation.
4. The state treasurer may disburse money from the fund only upon written order of the state controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest money of the state general fund. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The director must adopt regulations for the establishment and administration of assessment rates, payments and penalties, based upon expected annual expenditures for claims. Assessment rates must reflect the relative hazard of the employments covered by the insurers, and must be based upon expected annual expenditures for claims.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date.
κ1991 Statutes of Nevada, Page 209 (CHAPTER 122, SB 264)κ
before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
________
Senate Bill No. 243Committee on Judiciary
CHAPTER 123
AN ACT relating to forfeiture; allowing the forfeiture of property used in the commission or attempted commission of certain crimes if the owner or claimant of the property is willfully blind to the manner in which it is being used; and providing other matters properly relating thereto.
[Approved April 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 179 of NRS is hereby amended by adding thereto a new section to read as follows:
Willful blindness means the intentional disregard of objective facts which would lead a reasonable person to conclude that the property was derived from unlawful activity or would be used for an unlawful purpose.
Sec. 2. NRS 179.1157 is hereby amended to read as follows:
179.1157 As used in NRS 179.1156 to 179.119, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 179.1158 to 179.1163, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 179.1164 is hereby amended to read as follows:
179.1164 1. Except as otherwise provided in subsection 2, the following property is subject to seizure and forfeiture in a proceeding for forfeiture:
(a) Any proceeds attributable to the commission or attempted commission of any felony.
(b) Any property or proceeds otherwise subject to forfeiture pursuant to NRS 179.121, 200.760 or 453.301.
2. Property may not, to the extent of the interest of any claimant, be declared forfeited by reason of an act or omission shown to have been committed or omitted without the knowledge , [or] consent or willful blindness of the claimant.
3. Unless the owner of real property or a mobile home:
(a) Has given the tenant notice to surrender the premises pursuant to NRS 40.254 within 90 days after the owner receives notice of a conviction pursuant to subsection 2 of NRS 453.305; or
(b) Shows the court that he had good cause not to evict the tenant summarily pursuant to NRS 40.254,
the owner of real property or a mobile home used or intended for use by a tenant to facilitate any violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, is disputably presumed to have known of and consented to that use if the notices required by NRS 453.305 have been given in connection with another such violation relating to the property or mobile home.
κ1991 Statutes of Nevada, Page 210 (CHAPTER 123, SB 243)κ
property or mobile home. The holder of a lien or encumbrance on the property or mobile home is disputably presumed to have acquired his interest in the property for fair value and without knowledge or consent to such use, regardless of when the act giving rise to the forfeiture occurred.
Sec. 4. NRS 179.121 is hereby amended to read as follows:
179.121 1. All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in the commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, invasion of the home, grand larceny or pandering, or a violation of NRS 200.465, 202.265, 202.287 or 465.070 to 465.085, inclusive, is subject to forfeiture.
2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:
(a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or such violation;
(b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge [or consent;] , consent or willful blindness; and
(c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.
[No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.]
________
κ1991 Statutes of Nevada, Page 211κ
Senate Bill No. 107Committee on Natural Resources
CHAPTER 124
AN ACT relating to hazardous materials; requiring the health division of the department of human resources to develop and conduct programs for the response to hazards associated with the use of sources of ionizing radiation; and providing other matters properly relating thereto.
[Approved April 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 459.030 is hereby amended to read as follows:
459.030 For the protection of public health and safety, the health division shall:
1. Develop and conduct programs for the evaluation of and response to hazards associated with the use of sources of ionizing radiation.
2. Develop programs and formulate, with due regard for compatibility with federal programs, regulations for adoption by the state board of health regarding:
(a) Licensing and regulation of by-product materials, source materials, special nuclear materials and other radioactive materials, including radioactive waste.
(b) Control of other sources of ionizing radiation.
3. Adopt such regulations as may be necessary to administer the provisions of NRS 459.010 to 459.290, inclusive.
4. Collect and disseminate information relating to control of sources of ionizing radiation, including:
(a) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations.
(b) Maintenance of a file of registrants possessing sources of ionizing radiation which require registration [under] pursuant to the provisions of NRS 459.010 to 459.290, inclusive . [, such file to] The file must include a record of any administrative or judicial action pertaining to such registrants.
(c) Maintenance of a file of all regulations, pending or promulgated, relating to the regulation of sources of ionizing radiation, and any proceedings pertaining to the regulations.
________
κ1991 Statutes of Nevada, Page 212κ
Senate Bill No. 91Committee on Judiciary
CHAPTER 125
AN ACT relating to crimes against public justice; prohibiting certain persons from obstructing or interfering with a criminal investigation; providing penalties; and providing other matters properly relating thereto.
[Approved April 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 199 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The provisions of sections 3, 4 and 5 of this act, do not apply to a lawyer who is communicating with his client within the scope of the privilege set forth in NRS 49.095.
Sec. 3. Any officer or employee of a court or law enforcement agency who, with the intent to obstruct a criminal investigation, directly or indirectly:
1. Notifies any person who is the subject of the investigation about the existence of the investigation; or
2. Discloses to any such person any information obtained in the course of the investigation,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 4. 1. It is unlawful for any officer or employee of a court or law enforcement agency, having knowledge that a person authorized to make a search or seizure has been authorized or is applying for authorization to make a search or seizure, to give notice or attempt to give notice of the possible search or seizure to any person with the intent to obstruct a judicial proceeding or a criminal investigation.
2. Any person who violates the provisions of subsection 1 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
Sec. 5. 1. It is unlawful for any officer or employee of a court or law enforcement agency, or any employee of a communications common carrier, landlord, custodian or other person who is ordered pursuant to subsection 2 of NRS 179.475 to furnish information, facilities and technical assistance necessary to accomplish an authorized interception of a wire or oral communication, having knowledge that an order has been applied for or has been issued authorizing the interception of a wire or oral communication in accordance with NRS 179.410 to 179.515, inclusive, to:
(a) Give notice of the interception; or
(b) Attempt to give notice of the interception,
to any person with the intent to obstruct, impede or prevent the interception of the wire or oral communication.
2. It is unlawful for any officer or employee of a court or law enforcement agency, or any employee of a communications common carrier, landlord, custodian or other person who is ordered pursuant to subsection 2 of NRS 179.475 to furnish information, facilities and technical assistance necessary to accomplish an authorized interception of a wire or oral communication, having knowledge that an order has been applied for or has been issued authorizing the use of a pen register or trap and trace device to:
κ1991 Statutes of Nevada, Page 213 (CHAPTER 125, SB 91)κ
custodian or other person who is ordered pursuant to subsection 2 of NRS 179.475 to furnish information, facilities and technical assistance necessary to accomplish an authorized interception of a wire or oral communication, having knowledge that an order has been applied for or has been issued authorizing the use of a pen register or trap and trace device to:
(a) Give notice of the use of the pen register or device; or
(b) Attempt to give notice of the use of the pen register or device,
to any person with the intent to obstruct, impede or prevent that use.
3. Any person who violates any provision of subsection 1 or 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
________
Assembly Bill No. 167Committee on Government Affairs
CHAPTER 126
AN ACT relating to the Las Vegas Valley water district; authorizing the general manager of the district to designate employees to issue citations for violations of the water district act and certain local ordinances; and providing other matters properly relating thereto.
[Approved April 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 9.5 of chapter 167, Statutes of Nevada 1947, at page 553, as added by chapter 368, Statutes of Nevada 1987, at page 840 is hereby amended to read as follows:
Sec. 9.5. 1. The board of directors may appoint a general manager and fix his compensation. The general manager holds office at the pleasure of the board of directors and may be removed from office at any time. The general manager must possess such qualifications as the board may from time to time establish. The general manager is the chief administrative officer of the district and shall perform such functions of the district as may be required of him by the board. He may, with the approval of the board, appoint such assistants and other employees as are necessary to the proper functioning of his office. The salaries of these assistants and employees and other expenses of conducting the office of the general manager must be fixed by the general manager with the consent and approval of the board.
2. The total number of permanent employees must be approved by the board. The general manager shall establish the appropriate classifications and duties of the staff.
3. The general manager may, with the approval of the board:
(a) Determine the operational, organizational and financial structure of the district.
κ1991 Statutes of Nevada, Page 214 (CHAPTER 126, AB 167)κ
(b) Operate and maintain the districts plants, facilities and water conduits.
(c) Subcontract for services to be rendered and products to be produced by the district in accordance with applicable state statutes governing public works projects and purchasing by governmental entities.
(d) Establish procedures for the security of all employees, equipment, facilities, plants and property of the district.
(e) Establish reasonable methods for reporting and recording time worked by the districts employees.
(f) Designate employees of the district to prepare, sign and serve written citations on persons in areas serviced by the water district who are accused of violating any provisions of this act or willfully violating any ordinance related to the waste of water which is adopted by a local government within the service area of the district. An employee designated pursuant to the paragraph shall comply with the provisions of NRS 171.1773.
________
Assembly Bill No. 147Committee on Government Affairs
CHAPTER 127
AN ACT relating to assistance to finance housing; authorizing the housing division of the department of commerce to issue letters of credit to finance residential housing; authorizing the transfer of certain money in bond reserve funds established by the division to the trust fund for low-income housing; and providing other matters properly relating thereto.
[Approved April 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 319.190 is hereby amended to read as follows:
319.190 1. The division may make, undertake commitments to make and participate with lending institutions in the making of mortgage loans, [and] make temporary loans and advances in anticipation of mortgage loans, and issue letters of credit pursuant to subsection 2 to finance the acquisition, construction or rehabilitation of residential housing, including multifamily housing. Any loan made by the division pursuant to this section must be insured or guaranteed unless it is financed by an issue of obligations of the division that are insured or secured by surety bonds, letters of credit [,] not issued by the division, guaranties or other means of assuring repayment of those obligations. Such loans may be made or letters of credit issued only after a determination by the administrator that mortgage loans or letters of credit are not otherwise available from private lenders upon reasonable equivalent terms and conditions.
2. The division may issue a letter of credit only if sufficient reserves in the funds established by the division are deposited in a separate account to be used to pay any liabilities that may be incurred by issuing the letter of credit.
κ1991 Statutes of Nevada, Page 215 (CHAPTER 127, AB 147)κ
The aggregate amount of outstanding letters of credit issued by the division must not exceed $5,000,000.
Sec. 2. NRS 319.325 is hereby amended to read as follows:
319.325 The division may:
1. Provide that any bonds or notes issued by the division be insured or be secured by surety bonds, letters of credit [,] not issued by the division, guaranties or other means of assuring repayment of such bonds or notes.
2. Require that any loans, including a mortgage loan, made or purchased by the division be insured or be secured by surety bonds, letters of credit [,] not issued by the division, guaranties or other means of assuring repayment of such loans.
3. Pay the fees, charges, premiums and any other costs associated with obtaining and maintaining [such] insurance, or other means of assuring repayment, from any available money of the division including premiums, fees and charges assessed against sponsors, lending institutions or other participants or beneficiaries of the programs of the division.
Sec. 3. NRS 319.340 is hereby amended to read as follows:
319.340 1. The division may establish one or more bond reserve funds, and shall pay into each such bond reserve fund:
(a) Any [moneys] money appropriated by the legislature for the purpose of such fund;
(b) Any proceeds of sale of notes or bonds to the extent provided in connection with the issuance thereof; and
(c) Any other [moneys] money which may be available to the division for the purpose of such fund from any other source or sources.
All [moneys] money held in any bond reserve fund, except as otherwise expressly provided in this chapter, [shall] must be used, as required, solely for the payment of the principal of bonds secured in whole or in part by such fund or of the sinking fund payments with respect to such bonds, the purchase or redemption of such bonds, the payment of interest on such bonds or the payment of any redemption premium required to be paid when [such] the bonds are redeemed [prior to maturity.
2. Moneys] before maturity.
2. Money in such a fund [shall] must not be withdrawn therefrom at any time in [such amount as] an amount that would reduce the amount of the fund below the [bond reserve fund] requirement established for that fund, except [for the purpose of paying] to pay when due, with respect to bonds secured in whole or in part by [such] that fund, principal, interest, redemption premiums and sinking fund payments for the payment of which other [moneys] money of the division [are] is not available. Any income or interest earned by or incremental to any bond reserve fund resulting from the investment thereof may be transferred by the division to other funds or accounts of the division and to the trust fund for low-income housing created pursuant to NRS 319.500, to the extent that [it does not reduce] the amount of that bond reserve fund is not reduced below the [bond reserve fund] requirement for [such] the fund.
Sec. 4. NRS 319.380 is hereby amended to read as follows:
319.380 1. The State of Nevada hereby pledges to and agrees with the holders of any notes or bonds issued under this chapter that the state will not limit or alter the rights vested in the division by this chapter to fulfill the terms of any agreements made with such holders or in any way impair the rights and remedies of such holders until such notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged.
κ1991 Statutes of Nevada, Page 216 (CHAPTER 127, AB 147)κ
limit or alter the rights vested in the division by this chapter to fulfill the terms of any agreements made with such holders or in any way impair the rights and remedies of such holders until such notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The division may include this pledge and agreement of the state in any agreement with the holders of such notes or bonds.
2. Obligations issued under the provisions of this chapter , including letters of credit issued by the division, do not constitute a debt, liability or obligation of this state or of any political subdivision thereof, or a pledge of the faith and credit of this state or of any political subdivision thereof, but are payable solely from the revenues or assets of the division. Each obligation , including a letter of credit, issued under this chapter [shall] must contain on the face thereof a statement to the effect that the division is not obligated to pay the obligation or the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of this state or of any political subdivision thereof is pledged to the payment of the principal of or the interest on [such] the obligation.
________
Senate Bill No. 100Committee on Judiciary
CHAPTER 128
AN ACT relating to prisons; revising the provisions concerning the assignment of persons convicted of driving under the influence of an intoxicating liquor or a controlled substance to an institution or facility of minimum security; revising the qualifications of prisoners for assignment to a facility or institution of minimum security; and providing other matters properly relating thereto.
[Approved April 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.065 is hereby amended to read as follows:
209.065 Facility means a community correctional center, [honor camp] conservation camp, facility of minimum security or other place of confinement, other than an institution, operated by the department for the custody, care or training of offenders.
Sec. 2. NRS 209.151 is hereby amended to read as follows:
209.151 1. The director shall appoint an assistant director for industrial programs who:
(a) Is responsible to the director for the administration of all industrial, vocational and agricultural programs for the employment of offenders, except [honor] conservation camps and centers for the purpose of making restitution; and
(b) Shall enforce all policies and regulations of the department relating to industrial, vocational and agricultural programs.
κ1991 Statutes of Nevada, Page 217 (CHAPTER 128, SB 100)κ
2. In addition to the assistant director appointed pursuant to subsection 1, the director shall appoint such other assistant directors as are necessary.
3. The assistant directors are in the classified service of the state except for purposes of retention.
4. During any absence of the director, he shall designate an assistant director or a warden to act as director of the department without increase in salary.
5. The assistant directors shall carry out such administrative duties as may be assigned to them by the director and shall not engage in any other gainful employment or occupation.
Sec. 3. NRS 209.231 is hereby amended to read as follows:
209.231 1. Any money received from the operation of any [honor] conservation camp established under this chapter or from the assignment of any [honor camp crew,] crew of a conservation camp to the extent that the money is not used for salaries, overhead or operating expenses of any camp or crew, must be placed in the division of forestry account.
2. The state forester firewarden, as executive head of the division of forestry of the state department of conservation and natural resources, may:
(a) Expend the money received pursuant to subsection 1 for:
(1) The renovation, repair or improvement of buildings and real property for any [honor] conservation camp.
(2) The acquisition of special clothing, tools and equipment and payment of expenses directly related to work projects performed by [honor camp crews] a crew of a conservation camp such as, but not limited to, the costs of utilities and operation of equipment.
(b) Direct all activities in connection with any renovation, repair or improvement of buildings and real property for any [honor] conservation camp or [any honor camp] work project [.] of a conservation camp.
Sec. 4. NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, who has no serious infraction of the regulations of the department or laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for the period he is actually incarcerated under sentence a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, [an honor camp, a] conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
κ1991 Statutes of Nevada, Page 218 (CHAPTER 128, SB 100)κ
entire 20 days of credit each month which is authorized in subsections 1 and 2.
4. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 5. NRS 209.481 is hereby amended to read as follows:
209.481 1. The director shall not assign any prisoner to an [honor camp which is established for conservation projects] institution or facility of minimum security if the prisoner:
(a) [Is] Except as otherwise provided in NRS 484.3792 and 484.3795, is not eligible for parole or release from prison within a reasonable period ; [of time;]
(b) Has recently committed a serious infraction of the rules of an institution or facility of the department of prisons;
(c) Has not performed the duties assigned to him in a faithful and orderly manner;
(d) Has been convicted of a sexual offense;
(e) Has [been convicted of a battery] committed an act of serious violence during the previous year; or
(f) Has attempted to escape or has escaped from an institution of the department of prisons.
2. The director shall, by regulation, establish procedures for classifying and selecting qualified prisoners.
Sec. 6. 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.
κ1991 Statutes of Nevada, Page 219 (CHAPTER 128, SB 100)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 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 , be segregated from offenders whose crimes were violent [, and must] and, insofar as practicable, be assigned to an institution or facility 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
κ1991 Statutes of Nevada, Page 220 (CHAPTER 128, SB 100)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. 7. NRS 484.3795 is hereby amended to read as follows:
484.3795 1. Any person who, while under the influence of intoxicating liquor or with 0.10 percent or more by weight of alcohol in his blood, or while under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle, does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. [Unless a person at the time he is so imprisoned:
(a) Has been previously convicted of a felony other than:
(1) One previous violation of this section; or
(2) One previous violation of paragraph (c) of subsection 1 of NRS 484.3792; or
(b) Has a history of violent criminal conduct which can be demonstrated, he] A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and , insofar as practicable, be assigned to an institution or facility of minimum security . [or, if space is available, to an honor camp, restitution center or similar facility.]
2. A prosecuting attorney may not dismiss a charge of violating the provisions of subsection 1 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. Except as otherwise provided in subsection 3, a sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
3. A person convicted of violating any provision of this section may be sentenced to a specified term of imprisonment in accordance with the provisions of subsection 1. The court may order suspension of the sentence if, as a condition of the suspension, the defendant:
(a) Is imprisoned in the state prison, an institution of minimum security, [an honor] a conservation camp, a restitution center or a similar facility for not less than 1 year; and
κ1991 Statutes of Nevada, Page 221 (CHAPTER 128, SB 100)κ
(b) Upon completion of the term of imprisonment, begins serving a period of probation not to exceed 10 years.
________
Assembly Bill No. 333Committee on Commerce
CHAPTER 129
AN ACT relating to fraternal benefit societies; revising generally the provisions governing such organizations; and providing other matters properly relating thereto.
[Approved April 26, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 695A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 695A.010 to 695A.040, inclusive, and sections 3 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Benefit contract means an agreement for the provision of any contractual benefit authorized by NRS 695A.180.
Sec. 4. Benefit member means a member of a society who is an adult and who is designated by the laws or rules of the society to be a benefit member under a benefit contract.
Sec. 5. Certificate means the document issued as written evidence of the benefit contract.
Sec. 6. Commissioner means the commissioner of insurance.
Sec. 7. Insurer includes every person engaged as principal and as indemnitor, surety or contractor in the business of entering into contracts of insurance.
Sec. 8. Laws means the articles of incorporation, charter, constitution and by laws of the society.
Sec. 9. Lodge means a subordinate unit of a society, and includes a camp, court, council, branch or any similar entity by whatever name designated.
Sec. 10. Rules includes all rules, regulations and resolutions adopted by the supreme governing body or board of directors of a society and which generally apply to the members of the society.
Sec. 11. Society means a fraternal benefit society.
Sec. 12. 1. The officers and members of the supreme governing body or any subordinate body of a society are not personally liable for payment of any benefits provided by the society.
2. A person may be indemnified and reimbursed by a society for expenses reasonably incurred by, and liabilities imposed upon, him in connection with or arising out of any action, suit or proceeding, whether civil, criminal, administrative or investigative, or threat thereof, in which the person may be involved because he is or was a director, officer, employee or agent of the society or of any firm, corporation or organization which he served in any capacity at the request of the society.
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involved because he is or was a director, officer, employee or agent of the society or of any firm, corporation or organization which he served in any capacity at the request of the society.
3. A person may not be so indemnified or reimbursed as to any matter in an action, suit or proceeding, or threat thereof, in which he is finally adjudged to be guilty of a breach of a duty as a director, officer, employee or agent of the society, or which is made the subject of a compromise settlement, unless:
(a) He acted in good faith for a purpose he reasonably believed to be in the best interests of the society; and
(b) If a criminal action, he had no reasonable cause to believe that his conduct was unlawful.
4. The determination of whether the conduct of a person meets the standard required for indemnification and reimbursement may only be made by:
(a) The supreme governing body or board of directors by a majority vote of a quorum consisting of persons who were not parties to the action, suit or proceeding; or
(b) A court of competent jurisdiction.
5. The termination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere, does not create a conclusive presumption that the person does not meet the standard of conduct required for indemnification and reimbursement.
6. The right of indemnification and reimbursement does not exclude other rights to which the person may be entitled as a matter of law, and inures to the benefit of his heirs, executors and administrators.
7. A society may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the society, or who is serving or has served at the request of the society as a director, officer, employee or agent of any other firm, corporation or organization, against any liability asserted against and incurred by him in that capacity or arising out of his status as such, whether or not the society may indemnify the person against liability pursuant to this section.
8. A director, officer, employee, member or volunteer of a society who serves without compensation is not liable, and no cause of action may be brought for damages resulting from his exercise of judgment or discretion in the carrying out his duties or responsibilities on behalf of the society, unless the act or omission involved willful or wanton misconduct.
Sec. 13. NRS 695A.010 is hereby amended to read as follows:
695A.010 [Any] Fraternal benefit society means any incorporated society, order or supreme lodge, without capital stock, including one exempted under the provisions of paragraph (b) of subsection 1 of NRS 695A.570 whether incorporated or not, which:
1. Is conducted solely for the benefit of its members and their beneficiaries and not for profit [, operated] ;
2. Operates on a lodge system with ritualistic form of work [, having] ;
3. Has a representative form of government [, and which makes provision for the payment of] ; and
4. Provides benefits in accordance with this chapter . [, is hereby declared to be a fraternal benefit society.]
κ1991 Statutes of Nevada, Page 223 (CHAPTER 129, AB 333)κ
Sec. 14. NRS 695A.020 is hereby amended to read as follows:
695A.020 [A society having] Lodge system means the system under which a society is operating if:
1. The society has a supreme [legislative or] governing body and subordinate lodges [or branches by whatever name known,] into which members are elected, initiated or admitted in accordance with its [constitution,] laws, ritual and rules [, which] ; and
2. The subordinate lodges [or branches shall be] are required by the laws of the society to hold regular meetings at least once in each month . [, shall be deemed to be operating on the lodge system.]
Sec. 15. NRS 695A.030 is hereby amended to read as follows:
695A.030 [As used in this chapter, unless the context otherwise requires:
1.] Premiums means premiums, rates , dues or other required contributions by whatever name known [.
2. Society means a fraternal benefit society.] , which are payable under the certificate.
Sec. 16. NRS 695A.040 is hereby amended to read as follows:
695A.040 [A society shall be deemed to have a representative form of government when:
1. It provides in its constitution or laws for a supreme legislative or governing body, composed of representatives elected either by the members or by delegates elected directly or indirectly by the members, together with such other members of such body as may be prescribed by the societys constitution and laws;
2. The representatives elected constitute a majority in number and have not less than two-thirds of the votes nor less than the votes required to amend its constitution and laws;
3. The meeting of the supreme legislative or governing body and the election of officers, representatives or delegates are held as often as once in 4 calendar years;
4. Each insured member shall be eligible for election to act or serve as a delegate to such meeting;
5. The society has a board of directors charged with the responsibility of managing its affairs in the interim between meetings of its supreme legislative or governing body, subject to control by such body and having powers and duties delegated to it in the constitution or laws of the society;
6. The board of directors is elected by the supreme legislative or governing body, except in case of filling a vacancy in the interim between meetings of such body;
7. The officers are elected either by the supreme legislative or governing body or by the board of directors; and
8. The members, officers, representatives or delegates shall not vote by proxy.] Representative form of government means that form of government which a society has when:
1. It has a supreme governing body which is:
(a) An assembly composed of delegates elected either directly by the members of the society or at intermediate assemblies or conventions of members or their representatives, and such other delegates as prescribed in the laws of the society; or
κ1991 Statutes of Nevada, Page 224 (CHAPTER 129, AB 333)κ
(b) A board composed of persons elected by the members of the society, either directly or by their representatives in intermediate assemblies, and such other persons as prescribed in the laws of the society.
2. If its supreme governing body is an assembly:
(a) The elected delegates constitute a majority in number, have a majority of the votes and have not less than the number of votes necessary to amend the laws of the society;
(b) The election of delegates is done in person or by mail, as prescribed in the laws of the society;
(c) The assembly is elected and meets not less than once every 4 years;
(d) A board of directors is elected by the assembly to conduct the business of the society in the interim between meetings of the assembly; and
(e) Vacancies on the board of directors are filled in the manner prescribed in the laws of the society.
3. If its supreme governing body is a board:
(a) The persons elected to the board constitute a majority in number, have a majority of the votes and have not less than the number of votes necessary to amend the laws of the society;
(b) The election of the members of the board is done in person or by mail, as prescribed in the laws of the society;
(c) The term of any member of the board does not exceed 4 years;
(d) The board meets not less than quarterly to conduct the business of the society;
(e) Vacancies on the board are filled in the manner prescribed in the laws of the society; and
(f) A person filling the unexpired term of an elected member of the board is considered to be an elected member.
4. The officers of the society are elected either by the supreme governing body or by the board of directors.
5. Only benefit members are eligible for election to the supreme governing body, the board of directors or any intermediate assembly.
6. Each member who is entitled to vote has only one vote, and votes are not cast by proxy.
Sec. 17. NRS 695A.050 is hereby amended to read as follows:
695A.050 [Seven] Ten or more citizens of the United States, a majority of whom are citizens of this state, who desire to form a fraternal benefit society, may make, sign and acknowledge before some person competent to take acknowledgment of deeds, articles of incorporation, in which [shall] must be stated:
1. The proposed corporate name of the society, which [shall] must not so closely resemble the name of any society or insurer as to be misleading or confusing;
2. The purposes for which it is being formed, which [shall] must not include more liberal powers than are granted by this chapter ; [, but any lawful, social, intellectual, educational, charitable, benevolent, moral, fraternal or religious advantages may be set forth among the purposes of the society;]
3. The mode in which its corporate powers are to be exercised; and
κ1991 Statutes of Nevada, Page 225 (CHAPTER 129, AB 333)κ
4. The names and residences of the incorporators and the names, residences and official titles of all the officers, trustees, directors or other persons who are to have and exercise the general control of the management of the affairs and [funds] money of the society for the first year or until the ensuing election at which all [such officers shall] officers must be elected by the supreme [legislative or] governing body, which election [shall] must be held not later than 1 year [from] after the date of the issuance of the permanent certificate [.] of authority.
Sec. 18. NRS 695A.060 is hereby amended to read as follows:
695A.060 1. [The articles of incorporation, duly] Duly certified copies of the [constitution,] laws and rules [,] of the society, copies of all proposed forms of certificates, applications therefor, [and] circulars to be issued by the society and a bond conditioned upon the return to applicants of the advanced payments if the organization is not completed within 1 year [shall] must be filed with the commissioner, who may require such further information as he deems necessary. The bond with sureties approved by the commissioner [shall] must be in such amount, not less than [$5,000] $300,000 nor more than [$25,000,] $1,500,000, as required by the commissioner. All documents filed [shall] must be in the English language. If the purposes of the society conform to the requirements of this chapter and all applicable provisions of the law of this state have been complied with, the commissioner shall so certify, retain and file the articles of incorporation and furnish the incorporators a preliminary certificate [authorizing] of authority for the society to solicit members as provided in this chapter.
2. No preliminary certificate of authority granted under the provisions of this section [shall be] is valid after 1 year from its date or after such further period, not exceeding 1 year, as may be authorized by the commissioner upon cause shown, unless 500 applicants have been secured and the organization has been completed as provided in this chapter. The articles of incorporation and all proceedings thereunder [shall become void in] are void 1 year [from ] after the date of the preliminary certificate [,] of authority, or at the expiration of the extended period, unless the society has completed its organization and received a certificate of authority to do business.
Sec. 19. NRS 695A.070 is hereby amended to read as follows:
695A.070 1. Upon receipt of a preliminary certificate of authority from the commissioner, the society:
(a) May solicit members for the purpose of completing its organization;
(b) Shall collect from each applicant the amount of not less than one regular monthly premium in accordance with its table of rates ; [as provided by its constitution and laws;] and
(c) Shall issue to each [such] applicant a receipt for the amount [so] collected.
2. [No] A society shall not incur any liability other than for the return of [such] an advance premium, or issue any certificate, or pay, allow, or offer or promise to pay or allow, any death or disability benefit to any person until:
(a) Actual bona fide applications for [death] benefits have been secured aggregating at least $500,000 on not less than 500 [lives;
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(b) All such applicants for death benefits have furnished] applicants, and all required evidence of insurability [satisfactory to] has been furnished to and approved by the society;
[(c) Certificates of examinations or acceptable declarations of insurability have been duly filed and approved by the chief medical examiner of the society;
(d) Ten]
(b) Not less than 10 subordinate lodges [or branches] have been established into which the 500 applicants have been admitted;
[(e)] (c) There has been submitted to the commissioner, under oath of the president or secretary, or corresponding officer of the society, a list of [such] the applicants, giving their names [,] and addresses, the date each was admitted, the name and number of the subordinate [branch] lodge of which each applicant is a member, the amount of benefits to be granted and the premiums therefor; and
[(f)] (d) It has been shown to the commissioner, by sworn statement of the treasurer or corresponding officer of [such] the society, that at least 500 applicants have each paid in cash at least one regular monthly premium as provided in this chapter, which premiums in the aggregate [shall] must amount to at least [$2,500, all of which shall be credited to the fund or funds from which benefits are to be paid and no part of which may be used for expenses.] $150,000.
3. The advance premiums provided for in subsection 2 [shall] must be held in trust during the period of organization and if the society has not qualified for a permanent certificate of authority within 1 year, as provided in this chapter, [such premiums shall] the premiums must be returned to [such] the applicants.
Sec. 20. NRS 695A.080 is hereby amended to read as follows:
695A.080 1. The commissioner may make such examination and require such further information as he deems advisable. Upon presentation of satisfactory evidence that the society has complied with all [the] applicable provisions of law, he shall issue to the society a certificate [to that effect and] of authority indicating that the society [is authorized to] may transact business pursuant to the provisions of this chapter.
2. The certificate [shall be] of authority is prima facie evidence of the existence of the society [at] on the date of [such] the certificate.
3. The commissioner shall cause a record of [such] the certificate of authority to be made. A certified copy of [such] the record may be given in evidence with like effect as the original certificate [.] of authority.
4. For the issuance or renewal of a certificate of authority, a society must pay to the commissioner a fee of $50. Each such certificate or renewal expires on March 1 following its issuance.
5. If a society properly applies for the renewal of its certificate of authority but does not receive approval of its application by March 1, it may continue to transact business pursuant to this chapter unless it receives notice that the application for renewal is specifically denied.
6. A certified copy or duplicate of a certificate of authority is prima facie evidence that the society may lawfully transact business in this state pursuant to the provisions of this chapter during the period stated on the license.
κ1991 Statutes of Nevada, Page 227 (CHAPTER 129, AB 333)κ
Sec. 21. NRS 695A.090 is hereby amended to read as follows:
695A.090 [Every] A society shall [have the power to:] operate for the benefit of its members and their beneficiaries by providing benefits as specified in NRS 695A.180 and may:
1. Operate for any lawful social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic or religious purpose.
2. Carry out its purposes directly or through subsidiary corporations or affiliated organizations.
3. Create, maintain and operate, or establish organizations to operate, nonprofit institutions to further the societys purposes. Such institutions may charge a reasonable amount for their services.
4. Organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges must not be required of children, and they must not have a voice or vote in the management of the society.
5. Adopt [a constitution and] laws and rules for the government of the society, the admission of its members [,] and the management of its affairs . [and the fixing and readjusting of the rates of its members from time to time.
2. Change, alter, add to or amend such constitution and]
6. Amend its laws and [shall have such other powers as are] rules.
7. Exercise any other power which is necessary and incidental to carrying into effect the objects and purposes of the society [.] and which is not inconsistent with the provisions of this chapter.
Sec. 22. NRS 695A.110 is hereby amended to read as follows:
695A.110 No unincorporated or voluntary association [shall be permitted to] may transact business in this state as a fraternal benefit society.
Sec. 23. NRS 695A.120 is hereby amended to read as follows:
695A.120 1. The principal office [and principal place of business] of any domestic society [shall] must be located in this state.
2. The meetings of its supreme [legislative or] governing body may be held in any state, district, province or territory [wherein such] in which the society has at least five subordinate [branches,] lodges, and all business transacted at [such meetings shall be] those meetings is as valid in all respects as if [such] the meetings were held in this state.
3. The minutes of the proceedings of the supreme governing body and the board of directors must be written in the English language.
4. A society may provide in its laws for an official publication in which any notice, report or statement which is required by law to be given to a member, including a notice of election, may be published. Such a report, notice or statement must be printed conspicuously in the publication.
5. If the records of a society indicate that two or more benefit members have the same mailing address, an official publication mailed to one member shall be deemed to be mailed to all members at the same address unless a member requests a separate copy.
6. A society may provide in its laws or rules a procedure by which a benefit member may pursue a grievance or complaint against the society, its supreme governing body, officers, directors or other members.
κ1991 Statutes of Nevada, Page 228 (CHAPTER 129, AB 333)κ
Sec. 24. NRS 695A.130 is hereby amended to read as follows:
695A.130 1. A domestic society [may] that wishes to consolidate or merge with any other society [by complying with the provisions of this section.
2. Such society shall] must file with the commissioner:
(a) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger;
(b) A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition thereof on a date fixed by the commissioner, but not earlier than December 31, next preceding the date of the contract;
(c) [A certificate] The certification of such officers, duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds vote of the supreme [legislative or] governing body of each society [;] at a regular or special meeting of such bodies or, if permitted by the laws of the society, by mail; and
(d) Evidence that at least 60 days [prior to] before the action of the supreme [legislative or] governing body of each society, the text of the contract [has been] was furnished to all members of each society either by mail or by publication in full in the official [organ] publication of each society.
[3.] 2. If the commissioner finds that the contract containing in full the terms and conditions of the consolidation or merger is in conformity with the provisions of this section, that the financial statements are correct and that the consolidation or merger is just and equitable to the members of each society, he shall approve the contract and issue [his certificate to such effect.
4. Upon such approval, the contract shall be in full force and effect] a certification of that fact.
3. The contract becomes effective upon approval by the commissioner unless any society which is a party to the contract is incorporated under the laws of any other state or territory [. In such event] , in which case the consolidation or merger [shall] does not become effective unless [and until it has been] :
(a) It is approved as provided by the laws of [such] the other state or territory and a certificate of such approval has been filed with the commissioner of this state [or, if] ; or
(b) If the laws of [such] the other state or territory [contain no such provision, the consolidation or merger shall not become effective unless and until it has been approved] do not provide for such approval, it is approved by the [insurance supervisory officer of such] officer responsible for supervising the business of insurance in the other state or territory and a certificate of such approval has been filed with the commissioner [.
5.] of this state.
4. Upon the consolidation or merger becoming effective as provided in this chapter, all the rights, franchises and interests of the consolidated or merged societies in and to every species of property, real, personal or mixed, and things in action belonging thereto [shall be] are vested in the society resulting from or remaining after the consolidation or merger without any other instrument, except that conveyances of real property may be evidenced by proper deeds.
κ1991 Statutes of Nevada, Page 229 (CHAPTER 129, AB 333)κ
by proper deeds. The title to any real property or interest therein, vested under the laws of this state in any of the societies consolidated or merged, [shall] does not revert [or be] and is not in any way impaired by [reason of] the consolidation or merger but [shall vest] vests absolutely in the society resulting from or remaining after [such] the consolidation or merger.
[6.] 5. The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document, stating that [such] the notice or document has been duly addressed and mailed, [shall be] is prima facie evidence that [such] the notice or document has been furnished the addressees.
Sec. 25. NRS 695A.140 is hereby amended to read as follows:
695A.140 [1.] Any domestic fraternal benefit society may be converted to and licensed as a mutual life insurer by compliance with all the applicable requirements of chapter 693A of NRS if [such] a plan of conversion [has been approved by the commissioner.
2. Such plan shall be prepared] is:
1. Prepared by the board of directors of the society in writing setting forth in full terms and conditions [thereof.
3. The board of directors shall submit such plan to the supreme legislative or governing body of such society at any regular or special meeting thereof, by giving a full, true and complete copy of such plan with the notice of such meeting. The notice shall be given as provided in the laws of the society for the convocation of a regular or special meeting of such body, as the case may be. The] of the conversion;
2. Approved by the affirmative vote of two-thirds of all members of [such body shall be necessary for the approval of such agreement.
4. No such conversion shall take effect unless and until approved] the supreme governing body of the society at a regular or special meeting; and
3. Approved by the commissioner, who may give such approval if he finds that the proposed change is in conformity with the [requirements of law] laws of this state and not prejudicial to the certificate holders of the society.
Sec. 26. NRS 695A.150 is hereby amended to read as follows:
695A.150 1. [A society may admit to benefit membership any person not less than 14 1/2 years of age who has furnished evidence of insurability acceptable to the society.
2. Any such member who applies for additional benefits more than 6 months after becoming a benefit member shall furnish additional evidence of insurability acceptable to the society, unless such additional benefits are issued pursuant to an existing contract under the terms of which such member is entitled to purchase such additional benefits without furnishing evidence of insurability.
3. Any person admitted prior to attaining the age of 18 years shall be bound by the terms of the application and certificate and by all the laws and rules of the society and shall be entitled to all the rights and privileges of membership therein to the same extent as though the age of majority had been attained at the time of application.
4.] Subject to the limitations set forth in subsections 2, 3 and 4, a society shall specify in its laws or rules for each class of membership:
κ1991 Statutes of Nevada, Page 230 (CHAPTER 129, AB 333)κ
(a) The standards of eligibility and the process for admission to membership in that class; and
(b) The rights and privileges of membership in that class, provided that only benefit members may have the right to vote on the management of the business of the society relating to insurance.
2. If benefits are provided on the lives of children, the minimum age for membership as an adult must be not less than 15 and not greater than 21 years of age.
3. A society may also admit [general or] social members, who [shall] have no voice or vote in the management of its affairs relating to insurance . [affairs.]
4. Membership rights in the society must not be assignable.
Sec. 27. NRS 695A.160 is hereby amended to read as follows:
695A.160 1. A domestic society may amend its [articles of incorporation, constitution or] laws in accordance with the provisions thereof by action of its supreme [legislative or] governing body at any regular or special meeting thereof or, if its [articles of incorporation, constitution or] laws so provide, by referendum. Such a referendum may be held in accordance with the provisions of its [articles of incorporation, constitution or] laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members or by the vote of local lodges . [or branches.] A society may provide for voting by mail. No amendment submitted for adoption by referendum [shall] may be adopted unless, within 6 months [from] after the date of submission thereof, a majority of all of the voting members of the society have signified their consent to [such] the amendment by one of the methods specified in this section.
2. No amendment to the [articles of incorporation, constitution or] laws of any domestic society [shall take effect] becomes effective unless approved by the commissioner, who shall approve [such] the amendment if he finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects and purposes of the society. Unless the commissioner disapproves [any such] an amendment within 60 days after [the filing of same,] it is filed, such amendment shall be [considered] deemed approved. The approval or disapproval of the commissioner [shall] must be in writing and mailed to the secretary or corresponding officer of the society at its principal office. If the commissioner disapproves [such] an amendment, the reasons therefor [shall] must be stated in [such] the written notice.
3. Within 90 days [from the approval thereof] after their approval by the commissioner, all [such] the amendments, or a synopsis thereof, [shall] must be furnished to all members of the society either by mail or by publication in full in the official [organ] publication of the society. The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that [such] the amendments or synopsis thereof have been duly addressed and mailed, [shall be] is prima facie evidence that [such] the amendments or synopsis thereof have been furnished the addressee.
4. Every foreign or alien society authorized to do business in this state shall file with the commissioner a duly certified copy of all amendments of, or