[Rev. 2/12/2019 1:32:48 PM]
κ1991 Statutes of Nevada, Page 231 (CHAPTER 129, AB 333)κ
additions to, its [articles of incorporation, constitution or] laws within 90 days after their enactment.
5. Printed copies of the [constitution or] laws as amended, certified by the secretary or corresponding officer of the society, [shall be] are prima facie evidence of the legal adoption thereof.
Sec. 28. NRS 695A.180 is hereby amended to read as follows:
695A.180 1. A society authorized to do business in this state may provide [for the payment of:] the following contractual benefits in any form:
(a) Death benefits ; [in any form;]
(b) Endowment benefits;
(c) Annuity benefits;
(d) Temporary or permanent disability benefits ; [as a result of disease or accident;]
(e) Hospital, medical or nursing benefits ; [due to sickness or bodily infirmity or accident; and]
(f) Monument or tombstone benefits to the memory of deceased members [not exceeding in any case the sum of $300.
2. Such benefits may be provided on the lives of members or, upon application of a member, on the lives of the members family, including the member, the members spouse and minor children, in the same or separate certificates.
3. The officers and members of the supreme, grand or any subordinate body of a society shall not be personally liable for payment of any benefits provided by a society.] ; and
(g) Any other benefits which life insurance companies are authorized to pay which are not inconsistent with the provisions of this chapter.
2. A society shall specify in its laws or rules those persons who may be issued, or covered by, the contractual benefits set forth in subsection 1, consistent with the purpose of providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon the application of an adult.
Sec. 29. NRS 695A.200 is hereby amended to read as follows:
695A.200 1. A society may grant paid-up nonforfeiture benefits, cash surrender values, certificate loans and such other options as its laws may permit. [As to certificates issued on and after July 1, 1963, a society shall grant at least one paid-up nonforfeiture benefit, except in the case of pure endowment, annuity or reversionary annuity contracts, reducing term insurance contracts or contracts of term insurance of uniform amount of 15 years or less expiring before age 66.
2. In the case of certificates other than those for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Mortality Table, the Commissioners 1958 Standard Ordinary Mortality Table or such other table of mortality as may be specified by the society and approved by the commissioner, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted must not be less than the excess, if any, of:
(a) The reserve under the certificate determined on the basis specified in the certificate; over
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(b) The sum of any indebtedness to the society on the certificate including interest due and accrued, and a surrender charge equal to 2.5 percent of the face amount of the certificate, which, in the case of insurance on the lives of children, is the ultimate face amount of the certificate, if death benefits provided therein are graded.
3. In the case of certificates issued on a substandard basis or in the case of certificates the reserve for which are computed upon the American Men Ultimate Table of Mortality, the term of any extended insurance benefit granted, including accompanying pure endowment, if any, may be computed upon the rates of mortality not greater than 130 percent of those shown by the mortality table specified in the certificate for the computation of the reserve.
4.] 2. In the case of certificates for which reserves are computed on the Commissioners [1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Mortality Table, the Commissioners 1958] 1980 Standard Ordinary Mortality Table or such other table of mortality as may be specified by the society and approved by the commissioner, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted must not be less that the corresponding amount ascertained in accordance with the provisions of the laws of this state applicable to life insurance companies issuing policies containing like insurance benefits based upon those tables.
Sec. 30. NRS 695A.210 is hereby amended to read as follows:
695A.210 1. [A member shall have] The owner of a benefit contract has the right at all times to change [the beneficiary or beneficiaries] any beneficiary in accordance with the [constitution,] laws or rules of the society [.] , unless the owner waives that right by requesting in writing that his designation of a beneficiary be irrevocable. Every society by its [constitution,] laws or rules may limit the scope of [beneficiaries] a designation of a beneficiary and shall provide that [no beneficiary shall] a revocable beneficiary does not have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the [insurance] benefit contract.
2. A society may [make provision] provide for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of [the] a member, but the portion so paid [shall] must not exceed [the sum of $500.] $1,000.
3. If, at the death of any [member,] person insured under a benefit contract, there is no lawful beneficiary to whom the insurance benefits are payable, the amount of such benefits, except to the extent that funeral benefits may be paid as provided in subsection 2, [shall be payable to the personal representative of the deceased member.] are payable:
(a) To the estate of the deceased insured; or
(b) To the owner of the certificate if he is not the person insured under the benefit contract.
κ1991 Statutes of Nevada, Page 233 (CHAPTER 129, AB 333)κ
Sec. 31. NRS 695A.220 is hereby amended to read as follows:
695A.220 No money or other benefit, charity, relief or aid to be paid, provided or rendered by any society [shall be] is liable to attachment, garnishment or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of a benefit member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society.
Sec. 32. NRS 695A.230 is hereby amended to read as follows:
695A.230 1. Every society authorized to do business in this state shall issue to each owner of a benefit [member] contract a certificate specifying the amount of benefits provided thereby. The certificate, together with any riders or endorsements attached thereto, the [charter or articles of incorporation, the constitution and] laws of the society, the application for membership, the application for insurance and the declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, [shall] constitute the agreement, as of the date of issuance, between the society and the member, and the certificate [shall] must so state. A copy of the application for [membership and of] insurance and the declaration of insurability, if any, [shall] must be endorsed upon or attached to the certificate.
2. All statements [purporting to be made by the member shall be] on an application for insurance are representations and not warranties. Any waiver of this provision is void.
3. [Any] Except with regard to contracts providing benefits payable in variable amounts, any changes, additions or amendments to the [charter or articles of incorporation, constitution or] laws of the society duly made or enacted [subsequent to] after the issuance of the certificate [shall bind the member] bind the owner and the beneficiaries, and [shall govern and control the agreement in all respects in the same manner] govern and control the benefit contract as though [such] the changes, additions or amendments [had been made prior to and] were in force at the time of the application for [membership,] insurance, except that no change, addition or amendment [shall] may destroy or diminish benefits which the society contracted to give the [members] owner as of the date of issuance.
4. Any person upon whose life a benefit contract is issued before he attains the age of majority is bound by the terms of the application and certificate and by all the laws and rules of the society as though the age of majority had been attained at the time of application.
5. Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, [shall] must be received in evidence of the terms and conditions thereof.
[5. A]
6. Except with regard to contracts providing benefits payable in variable amounts, a society shall provide in its [constitution or] laws that if its reserves as to all or any class of certificates become impaired , its supreme governing body or board of directors [or corresponding body] may require [that there shall be paid by the member] each owner of such certificates to pay to the society the amount of [the members] his equitable proportion of such deficiency as ascertained by its board, and that if the payment is not made [it shall] , the owner may elect to:
κ1991 Statutes of Nevada, Page 234 (CHAPTER 129, AB 333)κ
(a) Let it stand as an indebtedness against the certificate and draw interest at a rate not to exceed [5 percent per annum compounded annually.] that specified for loans made pursuant to the certificates; or
(b) In lieu of, or in combination with paragraph (a), accept a proportionate reduction in benefits under the certificate.
The society may specify the manner of the election and which alternative is to be presumed if no election is made by the owner.
Sec. 33. NRS 695A.240 is hereby amended to read as follows:
695A.240 1. No [fraternal benefit] certificate may be delivered or issued for delivery in this state unless a copy of the form of [such] the certificate has been filed with and approved by the commissioner [. No application form may be used with and no rider and no endorsement, except as stated in subsection 2, may be attached to or printed or stamped upon such certificate unless the form of such application, rider or endorsement has been filed with the commissioner. No certificates may be delivered or issued for delivery in this state and no application, riders or endorsements may be used in connection with such certificates unless approved by the commissioner as conforming to the requirements of the laws of this state and not inconsistent therewith.
2. The provisions of this section do not apply to any special rider or endorsement on any such certificate which relates only to the manner of distribution of benefits or to the reservation of rights and benefits under such certificate and which is used at the request of the individual certificate holder.
3. The commissioner may disapprove any such certificate if he finds the same contains any provision, or has any title, heading, backing or other indication or the contents of any or all of its provisions, which is likely to mislead the certificate holder or be prejudicial to his interests.
4. Every filing required to be made under this section shall be made not less than 30 days in advance of any delivery to a policyholder, contract holder or certificate holder. At the expiration of such 30 days the form so filed shall be deemed approved unless prior thereto it has been affirmatively approved or disapproved by order of the commissioner. Approval of any such form by the commissioner shall constitute a waiver of any unexpired portion of such waiting period. The commissioner may extend by not more than an additional 30 days the period within which he may so affirmatively approve or disapprove any such form, by giving notice to the insurer of such extension before expiration of the initial 30-day period. At the expiration of such period as so extended, and in the absence of such prior affirmative approval or disapproval, any such form shall be deemed approved.
5.] in conformity with the requirements of NRS 687B.120.
2. The certificate [shall contain in substance the following standard provisions or, in lieu thereof, provisions which are more favorable to the member:
(a) A title on the face and filing page of the certificate clearly and correctly describing its form.
(b)] must contain:
(a) A provision stating the amount of [rates, premiums or other required contributions, by whatever name known,] premiums which are payable [by the insured] under the certificate [.
(c)] ;
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(b) A provision setting forth the societys laws or rules which, if violated, will result in the termination or reduction of benefits payable under the certificate;
(c) If the laws of the society provide for the expulsion or suspension of a member, a provision that any member who is expelled or suspended, except for nonpayment of a premium or, during the period of contestability, for material misrepresentation in the application for membership or insurance, may maintain the certificate in force by continuing payment of the required premium; and
(d) All standard contractual provisions which are required by the provisions of chapters 687B, 688A, 688B, 689, 689A and 689B of NRS to be included in similar policies issued by life or health insurers in this state, and which are not inconsistent with the provisions of this chapter.
3. The certificate may contain:
(a) A provision that the member is entitled to a grace period of [not less than a full month, or 30 days at the option of the society,] 1 month in which the payment of any premium after the first may be made [. During such grace period the certificate shall continue in full force, but in case the certificate becomes a claim during the grace period before the overdue payment is made, the amount of such overdue payment or payments may be deducted in any settlement under the certificate.
(d) A provision that the member shall be entitled to have the certificate reinstated at any time within 3 years from the due date of the premium in default, unless the certificate has been completely terminated through the application of a nonforfeiture benefit, cash surrender value or certificate loan, upon the production of evidence of insurability satisfactory to the society and the payment of all overdue premiums and any other indebtedness to the society upon the certificate, together with interest on such premiums and such indebtedness, if any, at a rate not exceeding 6 percent per annum compounded annually.
(e) Except in the case of pure endowment, annuity or reversionary annuity contracts, reducing term insurance contracts, or contracts of term insurance of uniform amount of 15 years or less expiring before age 66, a provision that, in the event of default in payment of any premium after 3 full years premiums have been paid or after premiums for a lesser period have been paid if the contract so provides, the society will grant, upon proper request not later than 60 days after the due date of the premium in default, a paid-up nonforfeiture benefit on the plan stipulated in the certificate, effective as of such due date, of such value as specified in this chapter. The certificate may provide, if the societys laws so specify or if the member so elects prior to the expiration of the grace period of any overdue premium, that default shall not occur so long as premiums can be paid under the provisions of an arrangement for automatic premium loan as may be set forth in the certificate.
(f) A provision that one paid-up nonforfeiture benefit as specified in the certificate shall become effective automatically unless the member elects another available paid-up nonforfeiture benefit, not later than 60 days after the due date of the premium in default.
(g) A statement of the mortality table and rate of interest used in determining all paid-up nonforfeiture benefits and cash surrender options available under the certificate, and a brief general statement of the method used in calculating such benefits.
κ1991 Statutes of Nevada, Page 236 (CHAPTER 129, AB 333)κ
under the certificate, and a brief general statement of the method used in calculating such benefits.
(h) A table showing in figures the value of every paid-up nonforfeiture benefit and cash surrender option available under the certificate for each certificate anniversary either during the first 20 certificate years or during the term of the certificate, whichever is shorter.
(i) A provision that the certificate shall be incontestable after it has been in force during the lifetime of the member for a period of 2 years from its date of issue except for nonpayment of premiums, violation of the provisions of the certificate relating to military, aviation or naval service and violation of the provisions relating to suspension or expulsion as substantially set forth in the certificate. At the option of the society, supplemental provisions relating to benefits in the event of temporary or permanent disability or hospitalization, and provisions which grant additional insurance specifically against death by accident or accidental means, may also be excepted. The certificate shall be incontestable on the ground of suicide after it has been in force during the lifetime of the member for a period of 2 years from date of issue. The certificate may provide, as to statements made to procure reinstatement, that the society shall have the right to contest a reinstated certificate within a period of 2 years from date of reinstatement with the same exceptions as provided in this section.
(j) A provision that in case the age or sex of the member or of any other person is considered in determining the premium and it is found at any time before final settlement under the certificate that the age or sex has been misstated, and the discrepancy and premium involved have not been adjusted, the amount payable shall be such as the premium would have purchased at the correct age and sex. If the correct age or sex was not an insurable age or sex under the societys charter or laws, only the premiums paid to the society, less any payments previously made to the member, shall be returned or, at the option of the society, the amount payable under the certificate shall be such as the premium would have purchased at the correct age and sex according to the societys promulgated rates and any extension thereof based on actuarial principals.
(k) A provision or provisions which recite fully, or which set forth the substance of, all sections of the charter, constitution, laws, rules or regulations of the society, in force at the time of issuance of the certificate, the violation of which will result in the termination of, or in the reduction of, the benefit or benefits payable under the certificate.
(l) If the constitution or laws of the society provide for expulsion or suspension of a member, any member so expelled or suspended, except for nonpayment of a premium or within the contestable period for material misrepresentations in such members application for membership shall have the privilege of maintaining his insurance in force by continuing payment of the required premium.
6. Any of the provisions, or portions thereof, provided for in subsection 5 which are not applicable by reason of the plan of insurance or because the certificate is an annuity certificate may, to the extent inapplicable, be omitted from the certificate.
κ1991 Statutes of Nevada, Page 237 (CHAPTER 129, AB 333)κ
7. The commissioner may, after giving 30 days written notice with his reasons therefor to the fraternal benefit society, withdraw his approval. It is not lawful for the fraternal benefit society to issue such forms or use them after the effective date of such withdrawal of approval.
8. Upon request, the commissioner shall grant a hearing to the fraternal benefit society affected by any order under this section, in accordance with chapter 679B of NRS.] ;
(b) For a benefit contract issued on the life of a person under the societys minimum age for membership as an adult, a provision governing the transfer of ownership to the insured at an age specified in the certificate. A society may require approval of an application for membership in order to make the transfer, and may provide for the regulation, government and control of such a certificate and all rights, obligations and liabilities incident to the certificate, including rights of ownership before the transfer; and
(c) The terms and conditions governing the assignability of the benefit contract.
Sec. 34. NRS 695A.270 is hereby amended to read as follows:
695A.270 [1. The constitution and] The laws of the society may provide that no subordinate body or any of its subordinate officers or members [shall have the power or authority to] may waive any of the provisions of the laws [and constitution] of the society.
[2. Such provisions shall be] Such a provision is binding on the society and every member and beneficiary of a member.
Sec. 35. NRS 695A.280 is hereby amended to read as follows:
695A.280 1. [A] Except as otherwise provided in subsection 3, a domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer, other than another fraternal benefit society, authorized to provide reinsurance in this state, or if not so authorized, one which is approved in writing by the commissioner, but no such society may reinsure substantially all of its insurance in force without the written permission of the commissioner.
2. A society may take credit for the reserves on such ceded risks to the extent reinsured, but no credit may be allowed as an admitted asset or as a deduction from liability to a ceding society for reinsurance made, ceded, renewed or otherwise becoming effective after July 1, 1963, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the benefit contract or contracts reinsured without diminution because of the insolvency of the ceding society.
3. A society may reinsure the risks of another society in a consolidation or merger which is approved by the commissioner pursuant to NRS 695A.130.
Sec. 36. NRS 695A.300 is hereby amended to read as follows:
695A.300 1. [No] A foreign or alien society shall not transact business in this state without a license issued by the commissioner.
2. [Any such] A foreign or alien society may be licensed to transact business in this state upon a showing that its assets are invested in accordance with the provisions of this chapter and upon filing with the commissioner:
(a) A duly certified copy of its [charter or articles of incorporation;
(b) A copy of its constitution and] laws, certified by its secretary or corresponding officer;
κ1991 Statutes of Nevada, Page 238 (CHAPTER 129, AB 333)κ
[(c)] (b) A power of attorney to the commissioner as prescribed in NRS 695A.400;
[(d)] (c) A statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by the commissioner, duly verified by an examination made by the supervising insurance officer of its home state or other state, territory, province or county, satisfactory to the commissioner of this state;
[(e) A certificate]
(d) Certification from the proper officer of its home state, territory, province or country that the society is legally incorporated and licensed to transact business therein;
[(f)] (e) Copies of its certificate forms; and
[(g)] (f) Such other information as the commissioner may deem necessary.
3. Any foreign or alien society desiring admission to this state [shall have the qualifications required of domestic societies organized under this chapter.] must comply substantially with the requirements and limitations of this chapter applicable to domestic societies.
Sec. 37. NRS 695A.310 is hereby amended to read as follows:
695A.310 1. When the commissioner upon investigation finds that a domestic society:
(a) Has exceeded its powers;
(b) Has failed to comply with any provision of this chapter;
(c) Is not fulfilling its contracts in good faith;
(d) Has a membership of less than 400 after an existence of 1 year or more; or
(e) Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public or the business,
he shall notify the society of his findings, state in writing the reasons for his dissatisfaction, and [require] issue a written order requiring the society to make the necessary corrections. If the commissioner finds that the society has failed to comply with the order within 30 days after receiving it, he shall notify the society of his finding of noncompliance and require the society to show cause on a date named why it should not be enjoined from carrying on any business until the violation complained of has been corrected, or why an action in quo warranto should not be commenced against the society.
2. If on [such] that date the society does not present good and sufficient reasons why it should not be so enjoined or why such action should not be commenced, the commissioner may present the facts relating thereto to the attorney general, who shall, if he deems the circumstances warrant, commence an action to enjoin the society from transacting business or an action in quo warranto.
3. The court shall thereupon notify the officers of the society of a hearing. If, after a full hearing, it appears that the society should be so enjoined or liquidated or a receiver appointed, the court shall enter the necessary order.
4. [No] A society that is so enjoined shall [have the authority to] not do business until:
(a) The commissioner finds that the violation complained of has been corrected;
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(b) The costs of [such] the action have been paid by the society, if the court finds that the society was in default as charged;
(c) The court has dissolved its injunction; and
(d) The commissioner has reinstated the certificate of authority.
5. If the court orders the society liquidated, it [shall] must be enjoined from carrying on any further business, whereupon the receiver of the society shall proceed at once to take possession of the books, papers, money and other assets of the society and, under the direction of the court, proceed forthwith to close the affairs of the society and to distribute its funds to those entitled thereto.
6. No action under this section [shall] may be recognized in any court of this state unless brought by the attorney general upon request of the commissioner. Whenever a receiver is to be appointed for a domestic society, the court shall appoint the commissioner as [such] the receiver.
7. The provisions of this section relating to hearing by the commissioner, action by the attorney general at the request of the commissioner, hearing by the court, injunction and receivership [shall be applicable] apply to a society which voluntarily determines to discontinue business.
Sec. 38. NRS 695A.320 is hereby amended to read as follows:
695A.320 1. When the commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this state:
(a) Has exceeded its powers;
(b) Has failed to comply with any [of the provisions] provision of this chapter;
(c) Is not fulfilling its contracts in good faith; or
(d) Is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public,
he shall notify the society of his findings, state in writing the reasons for his dissatisfaction and [require] issue a written order requiring the society to make the necessary corrections. If the commissioner finds that the society has failed to comply with the order within 30 days after receiving it, he shall notify the society of his finding of noncompliance and require the society to show cause on a date named why its license should not be suspended, revoked or refused.
2. If on [such] that date the society does not present good and sufficient reason why its authority to do business in this state should not be suspended, revoked or refused, the commissioner may suspend or refuse the license of the society to do business in this state until satisfactory evidence is furnished to him that [such] the suspension or refusal should be withdrawn, or he may revoke the authority of the society to do business in this state.
3. Nothing contained in this section [shall be taken or construed as preventing any such] prevents a society from continuing in good faith all contracts made in this state during the time [such] the society was legally authorized to transact business [herein.] in this state.
Sec. 39. NRS 695A.330 is hereby amended to read as follows:
695A.330 [The term insurance agent as used in NRS 695A.330 to 695A.390, inclusive, means any authorized or acknowledged agent of a society who acts as such in the solicitation, negotiation or procurement or making of a life insurance, accident and health insurance or annuity contract.
κ1991 Statutes of Nevada, Page 240 (CHAPTER 129, AB 333)κ
making of a life insurance, accident and health insurance or annuity contract. The term insurance agent does not include:
1. Any]
1. Every insurance agent of a society must be licensed pursuant to chapter 683A of NRS and any regulations adopted by the commissioner which apply to health and life insurance agents.
2. No written or other examination is required of a person who held a license as an insurance agent on July 1, 1977, for renewals of his license.
3. No examination or license is required of:
(a) Any regular salaried officer or employee of a licensed society who devotes substantially all of his services to activities other than the solicitation of fraternal insurance contracts from the public, and who [receives] does not receive for the solicitation of such contracts [no] any commission or other compensation directly dependent upon the amount of business obtained; or
[2.] (b) Any member of the society who does not write insurance contracts, and whose solicitation or negotiation is incidental to securing new members for his society, and whose only remuneration consists of prizes in the form of merchandise or payments of a nominal amount of money.
Sec. 40. NRS 695A.400 is hereby amended to read as follows:
695A.400 1. Every society authorized to do business in this state shall appoint in writing the commissioner and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it must be served, and shall agree in the writing that any lawful process against it which is served on the commissioner is of the same legal force and validity as if served upon the society, and that the authority continues in force so long as any liability remains outstanding in this state. A copy of the appointment, certified by the commissioner, constitutes sufficient evidence of the appointment and must be admitted in evidence with the same validity as the original.
2. Service must be made only upon the commissioner, or if absent, upon the person in charge of his office. It must be made in duplicate and constitutes sufficient service upon the society. When legal process against a society is served upon the commissioner, he shall forthwith forward one of the duplicate copies by registered [or certified] mail, prepaid, directed to the secretary or corresponding officer.
3. No such service may require a society to file its answer, pleading or defense in less than 30 days from the date of mailing the copy of the service to a society.
4. Legal process must not be served upon a society except in the manner provided in this section.
5. At the time of serving any process upon the commissioner, the plaintiff or complainant in the action shall pay to the commissioner a fee of $5.
6. For the purposes of this section, process includes only the summons or the initial documents served in an action. The commissioner is not required to serve any documents after the initial service of process.
Sec. 41. NRS 695A.410 is hereby amended to read as follows:
695A.410 No application or petition for injunction against any domestic, foreign or alien society, or [branch thereof, shall] any of its lodges, may be recognized in any court of this state unless made by the attorney general upon request of the commissioner.
κ1991 Statutes of Nevada, Page 241 (CHAPTER 129, AB 333)κ
recognized in any court of this state unless made by the attorney general upon request of the commissioner.
Sec. 42. NRS 695A.420 is hereby amended to read as follows:
695A.420 All decisions and findings of the commissioner made under the provisions of this chapter [shall be] are subject to review by proper proceedings in any court of competent jurisdiction in this state.
Sec. 43. NRS 695A.430 is hereby amended to read as follows:
695A.430 1. All assets [shall] must be held, invested and disbursed for the use and benefit of the society and no member or beneficiary [shall] may have or acquire individual rights therein or become entitled to any apportionment or the surrender of any part thereof, except as provided in the benefit contract.
2. A society may create, maintain, invest, disburse and apply any special fund [or funds] necessary to carry out any purpose permitted by the laws of [such] the society.
3. [Every society, the admitted assets of which are less than the sum of its accrued liabilities and reserves under all of its certificates when valued according to standards required for certificates issued after July 1, 1964, shall, in every provision of the laws of the society for payments by members of such society, in whatever form made, distinctly state the purpose of the same and the proportion thereof which may be used for expenses, and no part of the money collected for mortuary or disability purposes or the net accretions thereto shall be used for expenses.] A society may, pursuant to a resolution of its supreme governing body and subject to the provisions of NRS 688A.390, establish and operate one or more separate accounts and issue contracts providing benefits payable in variable amounts. For the purposes of NRS 688A.390, a society shall be deemed to be a domestic life insurer.
Sec. 44. NRS 695A.440 is hereby amended to read as follows:
695A.440 1. A society shall invest its [funds] money only in such investments as are authorized by the laws of this state for the investment of assets of life insurers and subject to the limitations thereon.
2. Any foreign or alien society permitted or seeking to do business in this state which invests its [funds] money in accordance with the laws of the state, district, territory, country or province in which it is incorporated shall be [held] deemed to meet the requirements of this section for the investment of [funds.] money.
Sec. 45. NRS 695A.450 is hereby amended to read as follows:
695A.450 1. [Reports must be filed and synopses of annual statements must be published in accordance with the provisions of NRS 695A.450 to 695A.490, inclusive.
2.] Every society transacting business in this state shall annually, on or before the [1st] first day of March, unless for cause shown the time has been extended by the commissioner, file with the commissioner a true statement of its financial condition, transactions and affairs for the preceding calendar year and pay a filing fee of $25. The statement must be in such general form and context as approved by the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information required by the commissioner.
κ1991 Statutes of Nevada, Page 242 (CHAPTER 129, AB 333)κ
[3.] The statement must include separately from the societys admitted assets all real or personal property owned, held or leased by the society for the purposes of its nonprofit institutions operated pursuant to NRS 695A.090.
2. A synopsis of its annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed must be printed and mailed to each benefit member of the society not later than June 1 of each year, or, in lieu thereof, the synopsis may be published in the societys official publication [.
4.] established pursuant to NRS 695A.120.
3. As a part of the annual statement required by subsection [2,] 1, each society shall, on or before the [1st] first day of March, file with the commissioner a valuation of its certificates in force on the preceding December 31. The commissioner may, in his discretion for cause shown, extend the time for filing the valuation for not more than 2 calendar months. The [report of valuation must show, as reserve liabilities, the difference between the present midyear value of the promised benefits provided in the certificates of the society in force and the present midyear value of the future net premiums as such premiums are in practice actually collected, not including any value for the right to make extra assessments and not including any amount by which the present midyear value of future net premiums exceeds the present midyear value of promised benefits on individual certificates.
5. At the option of any society, in lieu of the requirements of subsection 4, the valuation may show the net tabular value. The net tabular value as to certificates issued before July 1, 1964, must be determined in accordance with the provisions of law applicable before July 1, 1963. For certificates issued on or after July 1, 1964, the net tabular value must not be less than the reserves determined according to the Commissioners Reserve Valuation method as defined in NRS 695A.470.
6. If the premium charged is less than the tabular net premium according to the basis of valuation used, an additional reserve equal to the present value of the deficiency in the premiums must be set up and maintained as a liability. The reserve liabilities must be properly adjusted if the midyear or tabular values are not appropriate.] valuation must be done pursuant to NRS 695A.490. The valuation and supporting data must be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state in which the society is domiciled.
Sec. 46. NRS 695A.460 is hereby amended to read as follows:
695A.460 [A society neglecting] If a society fails to file the annual statement in the form and within the time provided by NRS 695A.450 , it shall [forfeit] pay to the commissioner $100 for each day [during which such neglect continues,] that the statement remains unfiled or deficient, and, upon notice by the commissioner to that effect, its authority to do business in this state [shall cease while such default continues.] ceases until the statement is properly filed.
Sec. 47. NRS 695A.490 is hereby amended to read as follows:
695A.490 1. [The valuation and underlying data must be certified by a competent actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society.
κ1991 Statutes of Nevada, Page 243 (CHAPTER 129, AB 333)κ
2.] The minimum standards of valuation for certificates issued before July 1, 1964, are those provided by the law applicable immediately before July 1, 1963, but not lower than the standards used in the calculating of rates for those certificates.
[3.] 2. Except as otherwise provided in subsection 4, the minimum standard of valuation for certificates issued on or after July 1, 1964, but before January 1, 1993, is 3.5 percent interest and the following:
(a) For certificates of life insurance, American Men Ultimate Table of Mortality, with Bowermans or Davis Extension thereof or with the consent of the commissioner, the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Mortality Table or the Commissioners 1958 Standard Ordinary Mortality Table, using the actual age of the insured for male risks and an age not more than 3 years younger than the actual age of the insured for female risks;
(b) For annuity and pure endowment certificates, excluding any disability and accidental death benefits in those certificates, the 1937 Standard Annuity Mortality Table or the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the commissioner;
(c) For total and permanent disability benefits in or supplementary to life insurance certificates, Hunters Disability Table, or the Class III Disability Table (1926) modified to conform to the contractual waiting period, or the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries with due regard to the type of benefit. Any such table must, for active lives, be combined with a mortality table permitted for calculating the reserves for life insurance certificates;
(d) For accidental death benefits in or supplementary to [Life Insurance Certificates,] life insurance certificates, the Inter-Company Double Indemnity Mortality Table or the 1959 Accidental Death Benefits Table. Either table must be combined with a mortality table permitted for calculating the reserves for life insurance certificates; and
(e) For noncancellable accident and health benefits, the Class III Disability Table (1926) with conference modifications or, with the consent of the commissioner, tables based upon the societys own experience.
3. Except as otherwise provided in subsection 4, the minimum standard of valuation for certificates issued on or after January 1, 1993, is:
(a) For certificates of life insurance, the Commissioners 1980 Standard Ordinary Mortality Table or any more recent table made applicable to life insurance companies; and
(b) For annuity and pure endowment certificates, total and permanent disability benefits, accidental death benefits and noncancellable accident and health benefits, such tables as are authorized for use by life insurance companies in this state.
4. A society may value its certificates in accordance with the valuation standards used for policies containing comparable benefits which are issued in this state by life insurance companies.
5. The commissioner may:
κ1991 Statutes of Nevada, Page 244 (CHAPTER 129, AB 333)κ
(a) Accept other standards for valuation if he finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard prescribed in this section.
(b) Vary the standards of mortality applicable to all [certificates of insurance] benefit contracts on substandard lives or other extra-hazardous lives by any society authorized to do business in this state.
6. [Whenever the mortality experience under all certificates valued on the same mortality table is in excess of the expected mortality according to that table for a period of 3 consecutive years, the commissioner may require additional reserves when deemed necessary in his judgment on account of those certificates.
7.] Any society, with the consent of the commissioner of insurance of the state of domicile of the society and under such conditions, if any, as he may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any [insured] benefit member are not affected thereby.
Sec. 48. NRS 695A.500 is hereby amended to read as follows:
695A.500 [1.] The commissioner, or any person he may appoint, [shall have the power of visitation and examination into the affairs of] may examine any domestic , foreign or alien society [and he shall make such examination at least once in every 3 years. He may employ assistants for the purpose of such examination, and he, or any person he may appoint, shall have free access to all books, papers and documents that relate to the business of the society. The minutes of the proceedings of the supreme legislative or governing body and of the board of directors or corresponding body of a society shall be in the English language.
2. In making any such examination the commissioner may summon and qualify as witnesses under oath and examine its officers, agents and employees or other persons in relation to the affairs, transactions and conditions of the society.
3. A summary of the report of the commissioner and such recommendations or statements of the commissioner as may accompany such report shall be read at the first meeting of the board of directors or corresponding body of the society following the receipt thereof, and, if so directed by the commissioner, shall also be read at the first meeting of the supreme legislative or governing body of the society following the receipt thereof.
4. A copy of the report, recommendations and statements of the commissioner shall be furnished by the society to each member of such board of directors or other governing body.
5. The expense of each examination and of each valuation, including compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the commissioner.] which is transacting business or applying for admission to transact business in this state in the same manner as authorized for the examination of domestic, foreign or alien insurers. For the purposes of this section, the provisions of NRS 679B.230 to 679B.300, inclusive, are applicable to societies.
κ1991 Statutes of Nevada, Page 245 (CHAPTER 129, AB 333)κ
Sec. 49. NRS 695A.530 is hereby amended to read as follows:
695A.530 [1. No person shall cause or permit to be made, issued or circulated in any form:
(a) Any misrepresentation or false or misleading statement concerning the terms, benefits or advantages of any fraternal insurance contract now issued or to be issued in this state, or the financial condition of any society;
(b) Any false or misleading estimate or statement concerning the dividends or shares of surplus paid or to be paid by any society on any insurance contract; or
(c) Any incomplete comparison of an insurance contract of one society with an insurance contract of another society or insurer for the purpose of inducing the lapse, forfeiture or surrender of any insurance contract.
2. A comparison of insurance contracts is incomplete if it does not compare in detail:
(a) The gross rates, and the gross rates less any dividend or other reduction allowed at the date of the comparison; and
(b) Any increase in cash values, and all the benefits provided by each contract for the possible duration thereof as determined by the life expectancy of the insured.
3. A comparison of insurance contracts is incomplete if it omits from consideration:
(a) Any benefit or value provided in the contract;
(b) Any differences as to amount or period of rates; or
(c) Any differences in limitations or conditions or provisions which directly or indirectly affect the benefits.
4. In any determination of the incompleteness or misleading character of any comparison or statement, it shall be presumed that the insured had no knowledge of any of the contents of the contract involved.
5. Any person who violates any provision of this section or knowingly receives any compensation or commission by or in consequence of such violation is guilty of a gross misdemeanor, and shall in addition be liable for a civil penalty in the amount of three times the sum received by such violator as compensation or commission, which penalty may be recovered in a civil action by any person or society aggrieved for his or its own use and benefit.] A society authorized to do business in this state and its agents are subject to the provisions of chapter 686A of NRS relating to trades practices and frauds, except that nothing in that chapter applies to or affects:
1. The right of a society to determine its eligibility requirements for membership; or
2. The offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society.
Sec. 50. NRS 695A.550 is hereby amended to read as follows:
695A.550 Every society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution, and [all of its funds shall be] is exempt from every state, county, district, municipal and school tax other than taxes on real property and office equipment.
κ1991 Statutes of Nevada, Page 246 (CHAPTER 129, AB 333)κ
Sec. 51. NRS 695A.560 is hereby amended to read as follows:
695A.560 Except as otherwise provided in this chapter [, societies shall be] or by specific statute, societies are governed by this chapter and [shall be] are exempt from all other provisions of the insurance laws of this state . [, not only in governmental relations with the state, but for every other purpose. No law hereafter enacted shall apply to them, unless they are expressly designated therein.]
Sec. 52. NRS 695A.100, 695A.170, 695A.181, 695A.182, 695A.183, 695A.185, 695A.186, 695A.187, 695A.190, 695A.250, 695A.260, 695A.290, 695A.340, 695A.350, 695A.360, 695A.370, 695A.380, 695A.390, 695A.470, 695A.480, 695A.510, 695A.520 and 695A.540 are hereby repealed.
Sec. 53. 1. Notwithstanding any provision of law to the contrary, every fraternal benefit society which is authorized to transact business in this state on December 31, 1991, may continue to transact business pursuant to its certificate of authority until March 1, 1992.
2. Every incorporated fraternal benefit society which is authorized to transact business in this state on December 31, 1991, is not required to reincorporate because of changes made by this act.
Sec. 54. 1. Sections 29 and 33 of this act become effective on January 1, 1993.
2. The remaining sections of this act become effective on January 1, 1992.
________
Assembly Bill No. 294Assemblymen McGaughey, Myrna Williams, Spitler, Norton, Gibbons, Haller, Kerns, Petrak, Bennett, Elliott, Gregory, Freeman, Anderson, Little, Garner, Krenzer, Wong, Price, Arberry, Stout, Pettyjohn, Heller, Evans and Lambert
CHAPTER 130
AN ACT relating to tow cars; requiring, under certain circumstances, the owner or operator of a tow car to pay the costs of cleaning the roadway after a disabled vehicle has been removed; providing certain administrative penalties for his failure to pay those costs; 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 484.631 is hereby amended to read as follows:
484.631 1. Tow cars must be equipped with:
[1.] (a) One or more brooms, and the driver of the tow car engaged to remove a disabled vehicle from the scene of an accident shall remove all glass and debris deposited upon the roadway by the disabled vehicle which is to be towed.
[2.] (b) A shovel, and whenever practical the driver of the tow car [driver] engaged to remove any disabled vehicle shall spread dirt upon any portion of the roadway where oil or grease has been deposited by the disabled vehicle.
κ1991 Statutes of Nevada, Page 247 (CHAPTER 130, AB 294)κ
[3.] (c) At least one fire extinguisher of the dry chemical or carbon dioxide type, with minimum effective chemicals of no less than 5 pounds, with an aggregate rating of at least 10-B, C units, which must bear the approval of a laboratory nationally recognized as properly equipped to grant such approval.
2. A citation may be issued to any driver of a tow car who violates any provision of paragraph (a) of subsection 1. The peace officer who issues the citation shall report the violation to the Nevada highway patrol or the sheriff of the county or the chief of police of the city in which the roadway is located. If necessary, the Nevada highway patrol, sheriff or chief of police shall cause the roadway to be cleaned and shall bill the owner or operator of the tow car for the costs of the cleaning. If the owner or operator does not pay those costs within 30 days after receiving the bill therefor, the Nevada highway patrol, sheriff or chief of police shall report such information to the public service commission of Nevada, which may take disciplinary action in accordance with the provisions of section 2 of this act.
Sec. 2. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
The commission may impose an administrative fine pursuant to subsection 2 of NRS 706.771 on the owner or operator of a tow car who fails to pay in a timely manner any charge required to be paid by subsection 2 of NRS 484.631.
Sec. 3. NRS 706.453 is hereby amended to read as follows:
706.453 The provisions of NRS 706.446 to 706.451, inclusive, and section 2 of this act, do not apply to automobile wreckers who are licensed pursuant to chapter 487 of NRS.
________
Assembly Bill No. 92Committee on Transportation
CHAPTER 131
AN ACT relating to traffic laws; clarifying statutory authorization to make a U-turn at most locations unless otherwise posted; 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 484.337 is hereby amended to read as follows:
484.337 1. [The driver of a vehicle shall not make a U-turn upon any highway in a business district except on a divided highway where an opening has been provided in accordance with NRS 484.309.
2. The driver of a vehicle shall not make a U-turn at any intersection controlled by an official traffic-control device.
3. The provisions of subsections 1 and 2 shall not apply where such U-turn is permitted by an official traffic-control device.
κ1991 Statutes of Nevada, Page 248 (CHAPTER 131, AB 92)κ
4. A U-turn may be made on any road where such turn can be made with safety, except as prohibited by this section and by the provisions of NRS 484.309 and 484.339.
5.] A U-turn may be made on any road where the turn can be made with safety, except as prohibited by this section and by the provisions of NRS 484.309 and 484.339.
2. If an official traffic-control device indicates that a U-turn is prohibited, the driver shall obey the directions of the device.
3. The driver of a vehicle shall not make a U-turn in a business district, except at an intersection or on a divided highway where an appropriate opening or crossing place exists.
4. Notwithstanding the foregoing provisions of this section, local authorities and the department of transportation may prohibit U-turns [in residential districts within their jurisdiction or at any other location where an official traffic-control device is erected and maintained.] at any location within their respective jurisdictions.
________
Assembly Bill No. 120Committee on Government Affairs
CHAPTER 132
AN ACT relating to planning; increasing the compensation of members of a planning commission; and providing other matters properly relating thereto.
[Approved May 2, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.040 is hereby amended to read as follows:
278.040 1. The members of the planning commission are appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The members shall not be members of the governing body of the city or county. The majority of the members of the county planning commission in any county whose population is 400,000 or more must reside within the unincorporated area of the county.
2. In Carson City, the members of the planning commission established as provided in NRS 278.030 are appointed by the mayor from the city at large, with the approval of the board of supervisors.
3. The governing body may provide for compensation to its planning commission in an amount of not more than [$40] $50 per meeting of the commission, with a total of not more than [$200] $400 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for other officers and employees of the county or city.
4. The term of each member is 4 years, or until his successor takes office.
κ1991 Statutes of Nevada, Page 249 (CHAPTER 132, AB 120)κ
5. Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty or malfeasance of office.
6. Vacancies occurring otherwise than through the expiration of term must be filled for the unexpired term.
________
Assembly Bill No. 140Committee on Government Affairs
CHAPTER 133
AN ACT relating to the states program for group insurance; clarifying the scope of the advisory duties of the committee on group insurance; requiring the committee to establish the levels of participation in the program required for participating public agencies; clarifying the employers duty to pay premiums of the group insurance during periods of temporary total disability; revising the provisions authorizing separate rates and coverage for such agencies; exempting the states program of group insurance from certain requirements for replacement policies of group health insurance; and providing other matters properly relating thereto.
[Approved May 2, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.043 is hereby amended to read as follows:
287.043 The committee on group insurance shall:
1. Act as an advisory body on matters relating to group life, accident or health insurance, or any combination thereof, for the benefit of all state officers and employees [.] and other persons who participate in the states program of group insurance.
2. Except as otherwise provided in this subsection, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers , [and] employees and retired employees by participation in the states program of group insurance. [If such an agency has 200 officers and employees or fewer, the rates and coverage must be the same as those established for state employees. If such an agency has more than 200 officers and employees, the committee may establish by regulation] The committee shall establish separate rates and coverage for those officers , [and] employees and retired employees based on actuarial reports.
3. Give public notice in writing of proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.
4. Purchase policies of life, accident or health insurance, or any combination thereof, from any insurance company qualified to do business in this state or provide similar coverage through a plan of self-insurance for the benefit of all eligible public officers , [and] employees and retired employees who participate in the states program of group insurance.
κ1991 Statutes of Nevada, Page 250 (CHAPTER 133, AB 140)κ
5. Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.
6. Adopt such regulations and perform such other duties as may be necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive, including the establishment of:
(a) Fees for applications for participation in the states program and for the late payment of premiums; [and]
(b) Conditions for entry and reentry into the states program by public agencies enumerated in NRS 287.010 [.] ; and
(c) The levels of participation in the states program required for employees of participating public agencies.
7. Appoint an independent certified public accountant. The accountant shall provide an annual audit of the plan and report to the committee and the legislative commission.
Sec. 2. NRS 287.0445 is hereby amended to read as follows:
287.0445 The department, agency, commission or public agency which employed an officer or employee who:
1. Was injured in the course of that employment;
2. Receives compensation for a temporary total disability pursuant to NRS 616.585; and
3. Was a member of the states program of group insurance [program] at the time of the injury,
shall pay the states share of the cost of the premiums of the group insurance for that officer or employee for a period of not more than 9 months or until the officer or employee is able to return to work, whichever is less. If the previous injury recurs within 1 month after the employee returns to work and the employee again receives compensation pursuant to NRS 616.585 as a result of the previous injury, the department, agency, commission or public agency shall not, except as otherwise provided in this subsection, pay the states share of the cost of the premiums for the period during which the employee is unable to work as a result of the recurring previous injury. If the initial period of disability was less than 9 months, the department, agency, commission or public agency shall pay, during the recurrence, the states share of the costs of the premiums for a period which, when added to the initial period, equals not more than 9 months.
Sec. 3. NRS 287.047 is hereby amended to read as follows:
287.047 If the retention is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to the program or with the plan of self-insurance:
1. [Upon the termination of his employment other than by retirement, any state or other participating officer or employee, except a senator or assemblyman, may retain his membership in the states group insurance program, but no part of the cost of the premiums or contributions for the group insurance may thereafter be paid by the department, agency, commission or public agency which employed the officer or employee.
2.] A participating state employee who retires on or after July 1, 1985, may retain his membership in and his dependents coverage by the states program of group insurance . [program.
κ1991 Statutes of Nevada, Page 251 (CHAPTER 133, AB 140)κ
3.] 2. A participating legislator who retires from the service of the state or who completes 8 years of service as such may retain his membership in and his dependents coverage by the states program of group insurance
[program.]
Sec. 4. NRS 287.048 is hereby amended to read as follows:
287.048 NRS 287.041 to 287.047, inclusive, do not require any officer or employee of the State of Nevada [or of a participating public agency] to accept or join the states program of group insurance , [program,] or to assign his wages or salary to or authorize deductions from his wages or salary in payment of premiums or contributions for group insurance.
Sec. 5. NRS 689B.065 is hereby amended to read as follows:
689B.065 1. A policy of group health insurance issued to replace any discontinued policy or coverage for group health insurance must:
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that replacement policy is issued within 60 days after the date on which the previous policy or coverage was discontinued.
2. If an employer obtains a replacement policy pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
3. Any insurer which issues a replacement policy pursuant to subsection 1 may submit a written request to the insurer who provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer who provided the previous policy or coverage shall give a written statement to the insurer providing the replacement policy which indicates what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
4. The provisions of this section [apply] :
(a) Apply to a self-insured employer who provides health benefits to his employees and replaces those benefits with a policy of group health insurance.
(b) Do not apply to the states program of group insurance established pursuant to NRS 287.041 to 287.049, inclusive.
________
κ1991 Statutes of Nevada, Page 252κ
Assembly Bill No. 154Committee on Government Affairs
CHAPTER 134
AN ACT relating to public financial administration; allowing depositories of state money to return to the state treasurer microfilmed copies of paid checks or other evidence of such checks which may be transmitted by a computer; and providing other matters properly relating thereto.
[Approved May 2, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 356.040 is hereby amended to read as follows:
356.040 At the close of business at the end of each month and at any other time, upon demand of the state treasurer, every depository bank, credit union or savings and loan association shall:
1. Furnish the state treasurer with a statement of the account, verified or certified by [some] an officer of the depository, upon a form to be fixed by the state treasurer.
2. Return to the state treasurer [all] :
(a) All paid checks [and vouchers.] ;
(b) Microfilmed copies of such checks; or
(c) Any other evidence of such checks which may be transmitted by a computer and is approved by the state treasurer.
________
Assembly Bill No. 345Assemblymen Spriggs, Lambert, McGinness, Gibbons and Sader
CHAPTER 135
AN ACT relating to statutes; repealing various antiquated provisions of NRS; changing references from aeronaut to operator in various provisions of NRS; and providing other matters properly relating thereto.
[Approved May 2, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 493.020 is hereby amended to read as follows:
493.020 [In] As used in NRS 493.010 to 493.120, inclusive [:
1. Aeronaut includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight.
2.] , unless the context otherwise requires:
1. Aircraft includes balloon, airplane, hydroplane [, and every] and any other vehicle used for navigation through the air. A hydroplane, while at rest on the water and while being operated on or immediately above water, [shall be] is governed by the rules regarding water navigation . [;] A hydroplane while being operated through the air [otherwise] other than immediately above water, [it shall be treated as] is an aircraft.
κ1991 Statutes of Nevada, Page 253 (CHAPTER 135, AB 345)κ
while being operated through the air [otherwise] other than immediately above water, [it shall be treated as] is an aircraft.
2. Operator includes aviator, pilot, balloonist and any other person having any part in the operation of aircraft while in flight.
3. Passenger includes any person riding in an aircraft, but having no part in its operation.
Sec. 2. NRS 493.050 is hereby amended to read as follows:
493.050 1. Flight in aircraft over the lands and waters of this state is lawful [, unless] :
(a) Unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner . [, or unless]
(b) Unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.
2. The landing of an aircraft on the lands or waters of another, without his consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, [however,] the owner , [or] lessee or operator of the aircraft [or the aeronaut shall be liable,] is liable as provided in NRS 493.060.
Sec. 3. NRS 493.060 is hereby amended to read as follows:
493.060 1. The owner of every aircraft which is operated over the lands or waters of this state is presumed liable for injuries to persons or property on the land or water beneath, caused by the [ascent, descent,] :
(a) Ascent, decent or flight of the aircraft [, or the dropping] ; or
(b) Dropping or falling of any object therefrom,
unless the injury is caused in whole or in part by the negligence of the person injured, or of the owner or bailee of the property injured.
2. If the aircraft is leased at the time of the injury to person or property, both owner and lessee [shall be] are presumed to be liable and they may be sued jointly, or either or both of them may be sued separately.
3. The presumption of liability of the owner, or of the owner and lessee, [as the case may be,] may be rebutted by proof that the injury was not caused by negligence [on the part of such] of the owner or lessee, or of any person operating [such] the aircraft with the permission of the owner [or lessee, or of] , lessee or any person maintaining or repairing [such] the aircraft with the permission of the owner or lessee.
4. An [aeronaut] operator who is not the owner or lessee [shall be] is liable only for the consequences of his own negligence.
5. The injured person, or the owner or bailee of the injured property, [shall have] has a lien on the aircraft causing the injury to the extent of the damage caused by the aircraft or objects falling from it.
6. A chattel mortgage, conditional vendor or trustee under an equipment trust, of any aircraft, not in possession of [such aircraft, shall not be] the aircraft is deemed not an owner within the provisions of this section.
Sec. 4. NRS 493.070 is hereby amended to read as follows:
493.070 The liability of the owner of one aircraft to the owner of another aircraft, or to [aeronauts] operators or passengers [on] in either aircraft, for damage caused by a collision on land or in the air, [shall] must be determined by the rules of law applicable to torts on land.
κ1991 Statutes of Nevada, Page 254 (CHAPTER 135, AB 345)κ
Sec. 5. NRS 493.080 is hereby amended to read as follows:
493.080 All crimes, torts and other wrongs committed by or against an [aeronaut] operator or passenger while in flight over this state [shall be] are governed by the laws of this state . [; and the] The question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort, crime or other wrong by or against the owner of [such aircraft shall] the aircraft must be determined by the laws of this state.
Sec. 6. NRS 493.090 is hereby amended to read as follows:
493.090 All contractual and other legal relations entered into by [aeronauts] operators or passengers while in flight over this state [shall] have the same effect as if entered into on the land or water beneath.
Sec. 7. NRS 493.100 is hereby amended to read as follows:
493.100 Any [aeronaut] operator or passenger , [who,] while in flight over a [thickly inhabited] heavily populated area or over a public gathering within this state, [shall engage] who:
1. Engages in trick or acrobatic flying, or in any acrobatic feat [, or shall, except] ;
2. Except while in landing or taking off, [fly] flies at such a low level as to endanger the persons on the surface beneath [, or drop] ; or
3. Drops any object except loose water or loose sand ballast, [shall be] is guilty of a misdemeanor.
Sec. 8. NRS 493.160 is hereby amended to read as follows:
493.160 It shall be unlawful for any person to engage in aeronautics as an airman or [aeronaut] operator in this state unless he has an appropriate effective airman certificate, permit, rating or license issued by the United States authorizing him to engage in the particular class of aeronautics in which he is engaged, if such certificate, permit, rating or license is required by the United States.
Sec. 9. NRS 256.010, 256.020, 268.240, 268.250, 268.260, 268.270, 268.280, 268.290, 268.300, 475.130, 475.140, 475.150, 475.160, 475.170, 475.180, 475.190 and 475.200 are hereby repealed.
________
Assembly Bill No. 380Committee on Commerce
CHAPTER 136
AN ACT relating to insurance; providing that no domestic insurer may reinsure with a group of alien insurers unless certain conditions are met; expanding the permissible investments of an insurer to include stock in its subsidiary corporation engaged in sales; authorizes insurer to own subsidiaries which may engage in business of sales; and providing other matters properly relating thereto.
[Approved May 2, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 681A.110 is hereby amended to read as follows:
κ1991 Statutes of Nevada, Page 255 (CHAPTER 136, AB 380)κ
681A.110 1. An insurer may reinsure all or any part of an individual risk or of a particular class of risks in any other insurer or, with the approval of the commissioner, all its risks in an authorized insurer, or may accept such reinsurance from any other insurer. No domestic insurer may reinsure with an insurer which is not authorized to transact insurance or reinsurance unless [it] :
(a) The domestic insurer has the commissioners written approval [in advance. With the commissioners approval,] ; or
(b) The insurer accepting the reinsurance is a group of individual, unincorporated alien insurers, having assets held in trust for the benefit of its United States policyholders in a sum not less than $50,000,000 and is authorized to transact insurance in at least one state.
If reinsurance is authorized pursuant to this section, a domestic insurer may reinsure all or substantially all its risks as provided in NRS 693A.370.
2. No credit may be taken for the reserve or unearned premium liability on account of any such reinsurance unless:
(a) The insurer accepting the reinsurance is authorized to transact insurance in this state or in another state conforming to the same standards of solvency as would be required of it if, at the time such reinsurance is effected, it were so authorized in this state; or
(b) [In the case of] The insurer accepting the reinsurance is a group of individual, unincorporated alien insurers, [it has] having assets held in trust for the benefit of its United States policyholders in a sum not less than $50,000,000 and is authorized to transact insurance in at least one state.
3. Credit must be allowed as an asset or as a deduction from liability to any ceding insurer for reinsurance lawfully ceded to an assuming insurer qualified therefor under subsection 2, but no such credit may be allowed unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding insurer under the contracts reinsured without diminution because of the insolvency of the ceding insurer.
4. Upon request of the commissioner an insurer shall promptly inform him in writing of the cancellation or any other material change in any of its reinsurance treaties or arrangements.
5. This section does not apply to wet marine and transportation insurance.
Sec. 2. NRS 682A.130 is hereby amended to read as follows:
682A.130 1. An insurer may invest in the stock of its subsidiary insurance corporation formed or acquired by it, or in the stock of its subsidiary business corporation or corporations formed and engaged solely in any one or more of the following businesses:
(a) In any business necessary and incidental to the convenient operation of the insurers insurance business or to the administration of any of its lawful affairs;
(b) Providing any actuarial, computer, data processing, accounting, claims, appraisal, collection, sales, loss prevention or safety engineering and similar services;
(c) Real property management and development;
(d) Premium financing;
(e) Financing of agents of the insurer;
κ1991 Statutes of Nevada, Page 256 (CHAPTER 136, AB 380)κ
(f) Acting as investment adviser and principal underwriter or investment adviser or principal underwriter of a management company or management companies (mutual funds), registered as such under the Investment Companies Act of 1940;
(g) Financial and investment counseling services;
(h) Administration of self-insurance plans;
(i) Administration of self-insured pension and similar plans, or the self-insured portions of such plans;
(j) Securities broker-dealer;
(k) Escrow services; or
(l) Trust services with respect to funds payable or paid by it under its insurance contracts.
2. For the purposes of this section a subsidiary is a corporation of which the insurer owns sufficient stock to give it effective control.
3. All of the insurers investments under this section shall be deemed to be common stocks for the purposes of the 25-percent-of-assets limitation imposed by NRS 682A.110.
________
Assembly Bill No. 389Committee on Labor and Management
CHAPTER 137
AN ACT relating to unemployment compensation; providing that benefits are payable to certain additional aliens in accordance with federal law; and providing other matters properly relating thereto.
[Approved May 2, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.448 is hereby amended to read as follows:
612.448 1. Benefits are not payable on the basis of services performed by an alien unless [he has been lawfully] , at the time the services were performed, he was:
(a) Lawfully admitted for permanent residence in the United States;
(b) Lawfully present in the United States for the purpose of performing the services; or [otherwise is]
(c) Otherwise permanently residing in the United States under color of law, including an alien who [is] was lawfully present in the United States pursuant to section [203(a)(7),] 207, 208 or 212(d)(5) of the Immigration and Nationality Act . [, 8 U.S.C. §§ 1153(a)(7) and 1182(d)(5) respectively.]
2. Any data or information required of persons applying for benefits to determine whether benefits are not payable to them because of their alien status [shall] must be uniformly required from all applicants for benefits.
3. In the case of any person whose application for benefits would otherwise be approved, a determination that benefits to that person are not payable because of his alien status may not be made except upon a preponderance of the evidence.
κ1991 Statutes of Nevada, Page 257 (CHAPTER 137, AB 389)κ
4. Any modification of any condition or any effective date for the denial of benefits based on services performed by an alien under the provisions of [section 3304(a)(14) of the Unemployment Compensation Amendments of 1976 (P.L. 94-566)] 26 U.S.C. § 3304(a)(14) which must be made by this state as a condition for full tax credit against the tax imposed by the Unemployment Compensation Amendments [shall] of 1976 (P.L. 94-566) must be adopted by regulation of the executive director.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 426Committee on Judiciary
CHAPTER 138
AN ACT relating to criminal actions; revising the jury instruction concerning reasonable doubt; and providing other matters properly relating thereto.
[Approved May 2, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 175.211 is hereby amended to read as follows:
175.211 1. A reasonable doubt is one based on reason. It is not mere possible doubt, but is such a doubt as would govern or control a person in the more weighty affairs of life. If the minds of the jurors, after the entire comparison and consideration of all the evidence, are in such a condition that they can say they feel an abiding conviction of the truth of the charge, there is not a reasonable doubt. Doubt to be reasonable must be actual , [and substantial,] not mere possibility or speculation.
2. No other definition of reasonable doubt [shall] may be given by the court to juries in criminal actions in this state.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 258κ
Senate Bill No. 108Committee on Natural Resources
CHAPTER 139
AN ACT relating to wildlife; clarifying that peace officers may enforce certain laws concerning wildlife; requiring certain persons to exhibit certain weapons, ammunition, devices or apparatuses upon demand of a peace officer; prohibiting the killing of fur-bearing mammals except during an open season; prohibiting certain uses of dogs; substituting mammal for animal in various provisions; providing a penalty; and providing other matters properly relating thereto.
[Approved May 2, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this Title, big game mammal means any game mammal so classified by commission regulation.
Sec. 2. NRS 501.015 is hereby amended to read as follows:
501.015 As used in this Title, closed season means all periods except those designated as open season. During any such season it is unlawful to fish, to hunt game [animals] mammals or game birds or to hunt or trap fur-bearing [animals. There shall be] mammals. There is no closed season on those species of wild [animals] mammals or wild birds classified as unprotected.
Sec. 3. NRS 501.035 is hereby amended to read as follows:
501.035 As used in this Title, fur-bearing [animal] mammal means any [animal] mammal so classified by commission regulation.
Sec. 4. NRS 501.040 is hereby amended to read as follows:
501.040 As used in this Title, game [animal] mammal means any [animal] mammal so classified by commission regulation.
Sec. 5. NRS 501.050 is hereby amended to read as follows:
501.050 As used in this Title, the words to hunt and their derivatives, hunting and hunted, mean to search for, pursue or attract wild [animals] mammals or birds for the purpose and with the means of capturing, injuring or killing [the same,] them, every attempt to capture, injure or kill wild [animals] mammals or birds, and every act of assistance to any other person in capturing, injuring or killing [the same.] such mammals or birds.
Sec. 6. NRS 501.065 is hereby amended to read as follows:
501.065 As used in this Title, open season means that period designated [under] pursuant to the provisions of this Title during which it is legal to fish or to hunt game [animals] mammals or game birds or to hunt or to trap fur-bearing [animals.] mammals. Such period includes the first day and last day designated. There [shall be] is no open season on those species of wildlife classified as protected.
Sec. 7. NRS 501.090 is hereby amended to read as follows:
501.090 As used in this Title, the words to trap and their derivatives, trapping and trapped, mean to set or operate any device, mechanism or contraption that is designed, built or made to close upon or hold fast any wild [animal] mammal or wild bird and every act of assistance to any person in so doing.
κ1991 Statutes of Nevada, Page 259 (CHAPTER 139, SB 108)κ
[animal] mammal or wild bird and every act of assistance to any person in so doing.
Sec. 8. NRS 501.097 is hereby amended to read as follows:
501.097 As used in this Title, wildlife means any wild [animal,] mammal, wild bird, fish, reptile, amphibian, mollusk or crustacean found naturally in a wild state, whether indigenous to Nevada or not and whether raised in captivity or not.
Sec. 9. NRS 501.110 is hereby amended to read as follows:
501.110 1. For the purposes of this Title, wildlife must be classified as follows:
(a) Wild [animals,] mammals, which must be further classified as either game [animals, fur-bearing animals,] mammals, fur-bearing mammals, protected mammals or unprotected [animals.] mammals.
(b) Wild birds, which must be further classified as either game birds, protected birds or unprotected birds. Game birds must be further classified as upland game birds or migratory game birds.
(c) Fish, which must be further classified as either game fish , [or] protected fish or unprotected fish.
(d) Reptiles, which must be further classified as either protected reptiles or unprotected reptiles.
(e) Amphibians, which must be further classified as either game amphibians, protected amphibians or unprotected amphibians.
(f) Mollusks, which must be further classified as either protected mollusks or unprotected mollusks.
(g) Crustaceans, which must be further classified as either protected crustaceans or unprotected crustaceans.
2. Protected wildlife may be further classified as either sensitive, threatened or endangered.
3. Each species of wildlife must be placed in a classification by regulation of the commission and, when it is in the public interest to do so, species may be moved from one classification to another.
Sec. 10. NRS 501.181 is hereby amended to read as follows:
501.181 The commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of the state.
(c) The promotion of uniformity of laws relating to policy matters.
2. Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game [animals,] mammals, upland and migratory game birds, fur-bearing [animals,] mammals, game fish, and protected and unprotected [animals,] mammals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
κ1991 Statutes of Nevada, Page 260 (CHAPTER 139, SB 108)κ
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife . [; the]
(d) The entry, access to, and occupancy and use of such property, including leases of grazing rights [; sale] , sales of agricultural products [;] and requests by the director to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
[(d)] (e) The control of nonresident hunters.
[(e)] (f) The introduction, transplanting or exporting of wildlife.
[(f)] (g) Cooperation with federal, state and local agencies on wildlife and boating programs.
[(g)] (h) The hunting, fishing or trapping privileges of any person convicted of two violations of the provisions of this Title within a 5-year period.
4. Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:
(a) Regular and special seasons for hunting game [animals] mammals and game birds, for hunting or trapping fur-bearing [animals] mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.
5. Adopt regulations requiring the department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
6. Adopt regulations governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.
Sec. 11. NRS 501.375 is hereby amended to read as follows:
501.375 1. Every game warden , [throughout the state, and every] sheriff and [constable in his respective county] other peace officer of this state and its political subdivisions shall enforce the provisions of this Title and seize any wildlife taken or held in possession in violation of [this Title.] those provisions.
2. Such an officer may:
(a) With or without a warrant, conduct a reasonable search of any camp, structure, aircraft, vessel, vehicle, box, game bag or other package where he has reason to believe any wildlife taken or held in violation of any of the provisions of this Title is to be found, and, for the purpose of such a search, may detain any aircraft, vessel or vehicle for a reasonable time.
κ1991 Statutes of Nevada, Page 261 (CHAPTER 139, SB 108)κ
provisions of this Title is to be found, and, for the purpose of such a search, may detain any aircraft, vessel or vehicle for a reasonable time.
(b) Seize, and hold only for evidence, any such wildlife and any gun, ammunition, trap, snare, tackle, or other device or equipment whose presence indicates that a violation of any provision of this Title has occurred.
3. A dwelling house may be searched only [in pursuance of] pursuant to a warrant.
Sec. 12. NRS 501.379 is hereby amended to read as follows:
501.379 It is unlawful for any person to sell, or expose for sale, to barter, trade or purchase, or attempt to sell, barter, trade or purchase, any species of wildlife, or parts thereof, except as otherwise provided in this Title or in a regulation of the commission. The importation and sale of game [animals,] mammals, game birds or game amphibians or parts thereof is not prohibited if the importation is from a licensed commercial breeder or processor outside of the state.
Sec. 13. NRS 501.3855 is hereby amended to read as follows:
501.3855 1. In addition to the penalties provided for the violation of any of the provisions of this Title, every person who unlawfully kills or possesses [the following wildlife] a big game mammal, bobcat, swan or eagle is liable for a civil penalty [in the amount stated:
(a) Bighorn sheep, mountain goat, black bear and elk, $1,000.
(b) Pronghorn antelope, $600.
(c) Mountain lion and deer, $500.
(d) Bobcat, swan and eagle, $250.] of not less than $250 nor more than $5,000.
2. For unlawful killing or possession of fish or wildlife not included in subsection 1, the court may order the defendant to pay a civil penalty of not less than $25 nor more than $1,000.
3. For hunting, fishing or trapping without a valid license, tag or permit, the court may order the defendant to pay a civil penalty of not less than $50 nor more than $250.
4. Every court, before whom a defendant is convicted of unlawfully killing or possessing any wildlife, shall order the defendant to pay the civil penalty in the amount stated in this section for each [animal,] mammal, bird or fish unlawfully killed or possessed. The court shall fix the manner and time of payment.
[4.] 5. The department may attempt to collect all penalties and installments that are in default in any manner provided by law for the enforcement of a judgment.
[5.] 6. Each court that receives money [under] pursuant to the provisions of this section shall forthwith remit the money to the department which shall deposit the money with the state treasurer for credit to the wildlife account in the state general fund.
Sec. 14. NRS 501.388 is hereby amended to read as follows:
501.388 1. The commission may:
(a) Revoke any license of any person who is convicted of a violation of NRS 503.050, in addition to the penalty imposed, and may refuse to issue any new license to the convicted person for any period not to exceed 5 years after the date of the conviction; and
κ1991 Statutes of Nevada, Page 262 (CHAPTER 139, SB 108)κ
(b) Revoke any license of any person who is convicted of unlawfully killing or possessing a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear without a valid tag, in addition to the penalty imposed, and may [refuse] :
(1) Refuse to issue any new license to the convicted person for any period not to exceed 3 years [after the date of the conviction.] ; and
(2) Revoke that persons privilege to apply for any big game tag for a period not to exceed 10 years.
2. The court in which the conviction is had shall require the immediate surrender of all such licenses and shall forward them to the commission.
Sec. 15. NRS 502.010 is hereby amended to read as follows:
502.010 1. Every person who hunts or traps any of the wild birds or [animals] mammals or who fishes without having first procured a license or permit to do so, as provided in this Title, is guilty of a misdemeanor, except that:
(a) No license to hunt or fish is required of a resident of this state who is under 12 years of age, unless required for the issuance of tags as prescribed in this Title or by the regulations of the commission.
(b) No license to fish is required of a nonresident of this state who is under 12 years of age, but the number of fish taken by such a nonresident must not exceed 50 percent of the daily creel and possession limits as provided by law.
(c) It is unlawful for any child who is under 14 years of age to hunt any of the wild birds or [animals] mammals with any firearm, unless the child is accompanied at all times by an adult person licensed to hunt.
(d) No child under 12 years of age, whether accompanied by a qualified person or not, may hunt big game in the State of Nevada. This section does not prohibit any child from accompanying an adult licensed to hunt.
(e) The commission may adopt regulations setting forth the species of wild birds or mammals which may be hunted or trapped without a license or permit.
(f) The commission may declare one day per year as a day upon which persons may fish without a license to do so.
2. This section does not apply to the protection of persons or property from unprotected wild birds or [animals] mammals on or in the immediate vicinity of home or ranch premises.
Sec. 16. NRS 502.120 is hereby amended to read as follows:
502.120 1. Every person required to have a license as provided in this chapter who, while hunting, trapping or fishing, refuses to exhibit the license , [or] any wildlife which he may have in his possession, or any weapon, ammunition, device or apparatus in his possession which may be used for hunting, trapping or fishing, upon the demand of any officer authorized to enforce the fish and game laws of this state, is guilty of a misdemeanor.
2. Every person required to have a license as provided in this chapter who, while hunting, trapping or fishing, fails to have the license in his possession is guilty of a misdemeanor. [No] A person charged with violating this subsection may not be convicted if he produces in court a license previously issued to him and valid at the time of his arrest.
κ1991 Statutes of Nevada, Page 263 (CHAPTER 139, SB 108)κ
Sec. 17. NRS 502.150 is hereby amended to read as follows:
502.150 1. Whenever tags are required for any species of wildlife, it is unlawful to have any of that species in possession without the tag attached thereto and such possession without an attached tag is prima facie evidence that the game is illegally taken and possessed.
2. It is unlawful to remove any tag from any wildlife for reuse or to be in possession of excess tags or used tags.
3. Whenever tags are required for any species of fur-bearing [animal,] mammal, possession of a pelt of that species without the tag attached thereto is prima facie evidence that such pelt is illegally taken and possessed.
Sec. 18. NRS 502.250 is hereby amended to read as follows:
502.250 1. Except as otherwise provided in subsection 5, the following fees must be charged for tags:
Resident deer tag for regular season ................................................... $15
Nonresident and alien deer tag for regular season .............................. 60
Resident antelope tag ............................................................................... 30
Resident elk tag ......................................................................................... 75
Resident bighorn tag ................................................................................. 75
Resident mountain goat tag .................................................................... 75
Resident mountain lion tag ..................................................................... 15
2. Other resident big game tags for special seasons must not exceed $50. Other nonresident and alien big game tags for special seasons must not exceed $1,000.
3. Tags determined to be necessary by the commission for other species [under] pursuant to NRS 502.130, must not exceed $100.
4. A fee not to exceed $5 may be charged for processing an application for a tag other than an elk tag. A fee of $10 must be charged for processing an application for an elk tag, $5 of which must be deposited with the state treasurer for credit to the wildlife account in the state general fund and used for the prevention and mitigation of damage caused by elk or game [animals] mammals not native to this state.
5. The commission may accept sealed bids for or auction two bighorn sheep tags, one antelope tag and one elk tag each year. The money received from the bid or auction must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
Sec. 19. NRS 502.370 is hereby amended to read as follows:
502.370 1. A license to practice taxidermy is required before any person may perform taxidermal services for others on any wildlife or their parts, nests or eggs.
2. Annual licenses for the term of 1 year from July 1 to June 30 must be issued by the department for the following fees:
Fee to practice commercial taxidermy ............................................... $35
Fee to practice noncommercial taxidermy ............................................. 5
3. Any person who wishes to obtain a license to practice taxidermy must apply for the license on an application form provided by the department. The applicant must provide such information on the form as the commission may require by regulation.
κ1991 Statutes of Nevada, Page 264 (CHAPTER 139, SB 108)κ
applicant must provide such information on the form as the commission may require by regulation.
4. The commission may [establish regulations covering] adopt regulations governing the licensing of taxidermists and the practice of taxidermy, including:
(a) The receipt, possession, transportation, identification , purchase and sale of wildlife or parts thereof to be or which [has] have been processed by a taxidermist [.
4.] ;
(b) The maintenance and submission of written records; and
(c) Any other matter concerning the practice, conduct and operating procedures of taxidermists as the commission may deem necessary.
5. A person who is authorized to enforce the provisions of this Title may enter the facilities of a licensee at any reasonable hour and inspect his operations and records.
[5.] 6. If a licensee is convicted of a violation of any provision of this Title or the regulations adopted by the commission, the commission may revoke his license and may refuse to issue another license to him for a period not to exceed 5 years.
7. The provisions of this section do not apply to institutions of learning of this state or of the United States, or to research activities conducted exclusively for scientific purposes, or for the advancement of agriculture, biology or any of the sciences.
Sec. 20. NRS 503.010 is hereby amended to read as follows:
503.010 1. It is unlawful to molest, rally, stir up or drive any game [animals] mammals or game birds with any aircraft, helicopter, motor-driven vehicle, including a snowmobile, motorboat or sailboat.
2. Except as otherwise provided in this subsection, it is unlawful to shoot at any game [animals] mammals or game birds with any weapon from any aircraft, helicopter or motor-driven vehicle, including a snowmobile. A person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes his walking may shoot from any stopped motor vehicle which is not parked on the traveled portion of a public highway, but he may not shoot from, over or across any highway or road specified in NRS 503.175.
3. It is unlawful to spot or locate game [animals] mammals or game birds with any kind of aircraft or helicopter and communicate this information by any means to a person on the ground for the purpose of hunting or trapping.
4. It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when the cargo or passengers or both are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the federal or state government or by a county or municipal government or when the loading or unloading is done in the course of an emergency or search and rescue operation.
Sec. 21. NRS 503.037 is hereby amended to read as follows:
503.037 1. Any commercial preservation facility, including any cold storage locker, trailer or walk-in facility offered by any commercial enterprise as a service to its customers or as an attraction to that enterprise, receiving, possessing or having in custody any game [animals,] mammals, game birds or game fish shall maintain accurate records showing the numbers and kind of such wildlife, the dates received and disposed of, and the names and addresses of the persons from whom such wildlife were received and to whom such wildlife were delivered.
κ1991 Statutes of Nevada, Page 265 (CHAPTER 139, SB 108)κ
game birds or game fish shall maintain accurate records showing the numbers and kind of such wildlife, the dates received and disposed of, and the names and addresses of the persons from whom such wildlife were received and to whom such wildlife were delivered.
2. Any person authorized to enforce the provisions of this Title may enter such facilities at all reasonable hours and inspect the records, premises and operations.
3. The records required to be maintained [shall] must be retained by the person or persons responsible for their preparation and maintenance for a period of 1 year following the end of the open season on such wildlife received.
Sec. 22. NRS 503.040 is hereby amended to read as follows:
503.040 1. Except as otherwise provided in this section, it is unlawful for any person at any time to transport or offer for transportation to any place within or outside of this state any game [animal,] mammal, raw furs, wild [animal] mammal taken by trapping, game bird or game fish taken within this state.
2. Any person who has legally taken any game [animal,] mammal, raw furs, wild [animal] mammal taken by trapping, game bird or game fish within this state may use his hunting license, trapping license or fishing license or tag or stamp, when required, as a permit to transport one possession limit to points within or outside the state.
3. Any person who legally acquires ownership or custody of any game [animal,] mammal, raw furs, wild [animal] mammal taken by trapping, game bird or game fish not taken by him through hunting, trapping or fishing may transport such [animal,] mammal, furs, bird or fish within the state without a transportation permit if such shipment does not exceed one possession limit and if such shipment is labeled with the name, address, number and class of license of the hunter, trapper or fisherman who legally took such [animal,] mammal, furs, bird or fish and date taken, if the [animal,] mammal, furs, bird or fish is not required by law or regulation to be tagged. Unless otherwise permitted by a regulation of the commission, when tagged shipments are involved, a transportation permit is required as provided in this sections.
4. Any other person who desires to transport any game [animal,] mammal, raw furs, wild [animal] mammal taken by trapping, game fish or game bird to a point within or without the state may do so only under the authority of a transportation permit as provided in this section.
5. The department shall designate the form of the transportation permit and such permits may be issued for a fee of $1 by any game warden or other such persons as may be specifically designated by the department. The person legally in possession of the game [animals,] mammals, raw furs, wild [animals] mammals taken by trapping, game birds or game fish to be transported must appear before the issuing agent to obtain a transportation permit. The permit must describe the wildlife to be transported and identify by name, address, license number and class the person who legally took the furs or wildlife and by name and address the person transporting it. Whenever raw furs or wildlife is to be transported by the postal service or by common carrier, freight or express agency, such an agency may be designated by name alone.
κ1991 Statutes of Nevada, Page 266 (CHAPTER 139, SB 108)κ
6. Game [animals,] mammals, raw furs, wild [animals] mammals taken by trapping, game birds or game fish transported to another person shall be deemed to be in the legal possession of the person making shipment until actual delivery is made.
7. Any package or container in which game birds, raw furs, wild [animals] mammals taken by trapping, game [animals] mammals or game fish are being transported by common carrier must have the name and address of the shipper and of the consignee and an accurate statement of the number and kinds of game birds, raw furs, wild [animals] mammals taken by trapping, game [animals] mammals or game fish contained therein attached to the outside thereof.
8. The commission may limit the number of shipments by any one person in any one season of any kind of game bird, game [animal] mammal or game fish.
Sec. 23. NRS 503.050 is hereby amended to read as follows:
503.050 1. It is unlawful for any person to cause through carelessness, neglect or otherwise any edible portion of any game bird, game [animals,] mammals, game fish or game amphibian to go to waste needlessly.
2. It is unlawful for any person to capture or destroy any game [animal,] mammal, except a carnivore, and detach or remove from the carcass the head, hide, antlers, horns or tusks only and leave the carcass to waste.
Sec. 24. NRS 503.090 is hereby amended to read as follows:
503.090 It is unlawful to hunt game [animals] mammals or game birds at any time during the year other than during an open season designated by the commission [under] pursuant to the provisions of this Title.
Sec. 25. NRS 503.120 is hereby amended to read as follows:
503.120 1. Open seasons as provided [under] pursuant to this Title for game [animals] mammals may designate the sex and age class or any obvious physical characteristic for the [animals] mammals which may be taken.
2. With regard to game [animals,] mammals, the commission may adopt regulations defining bucks only and antlerless [animals.] mammals.
Sec. 26. NRS 503.140 is hereby amended to read as follows:
503.140 1. It is unlawful for any person to hunt game [animals] mammals or game birds other than at the times of day which are set for such hunting by the commission.
2. Where no time is set by the commission, it is unlawful for any person at any time to hunt game [animals] mammals or game birds except between sunrise and sunset, the same to be considered according to government time reports.
Sec. 27. NRS 503.150 is hereby amended to read as follows:
503.150 1. Unless otherwise specified by commission regulation, it is unlawful to hunt:
(a) Any game bird or game [animal] mammal with any gun capable of firing more than one round with one continuous pull of the trigger, or with any full steel, full steel core, full metal jacket, tracer or incendiary bullet or shell, or any shotgun larger than number 10 gauge.
(b) Big game [animals] mammals in any manner other than with a rifle, held in the hand, that exerts at least 1,000 foot-pounds of energy at 100 yards, or with a longbow and arrow which meet the specifications established by commission regulation.
κ1991 Statutes of Nevada, Page 267 (CHAPTER 139, SB 108)κ
or with a longbow and arrow which meet the specifications established by commission regulation.
(c) Small game [animals] mammals in any manner other than with a handgun, shotgun, rifle, longbow and arrow or by means of falconry.
(d) Game birds with any rifle or handgun, or in any manner other than with a shotgun held in the hand, with a longbow and arrow or by means of falconry.
(e) Migratory game birds with any shotgun capable of holding more than three shells.
(f) Any game bird or game [animal] mammal with the aid of any artificial light.
(g) Any big game [animal,] mammal, except mountain lions, with a dog of any breed.
2. Nothing in this section prohibits the use of dogs in the hunting of game birds or small game [animals.] mammals.
Sec. 28. NRS 503.440 is hereby amended to read as follows:
503.440 1. [It] Except as otherwise provided in NRS 503.470, it is unlawful to trap or kill fur-bearing [animals] mammals at any time during the year other than during an open season as designated by the commission [under] pursuant to the provisions of this Title.
2. The commission, in its sole discretion, may set the open season for fur-bearing [animals.] mammals.
Sec. 29. NRS 503.450 is hereby amended to read as follows:
503.450 It is unlawful for any person at any time to hunt any fur-bearing [animal] mammal in any manner other than by trap, gun or bow and arrow.
Sec. 30. NRS 503.452 is hereby amended to read as follows:
503.452 Each trap, snare or similar device used in the taking of wild [animals] mammals must bear a number registered with the department or be permanently marked with the name and address of the owner or trapper using it. Registration of a trap is permanent. A registration fee of $5 for each registrant is payable only once, at the time the first trap, snare or similar device is registered.
Sec. 31. NRS 503.454 is hereby amended to read as follows:
503.454 1. Every person who takes fur-bearing [animals] mammals or unprotected [animals] mammals by trapping or sells raw furs for profit shall procure a trapping license.
2. It is unlawful to remove or disturb the trap of any holder of a trapping license while the trap is being legally used by him on public land or on land where he has permission to trap.
Sec. 32. NRS 503.470 is hereby amended to read as follows:
503.470 1. Fur-bearing [animals] mammals injuring any property may be taken or killed at any time in any manner, provided a permit is first obtained from the department.
2. When the department has determined from investigations or upon a petition signed by the owners of 25 percent of the land area in any irrigation district or the area served by a ditch company alleging that an excessive population of beaver or otter [does exist] exists or that beaver or otter are doing damage to lands, streams, ditches, roads or water control structures, the department shall remove such excess or depredating beaver or otter.
κ1991 Statutes of Nevada, Page 268 (CHAPTER 139, SB 108)κ
Sec. 33. NRS 503.570 is hereby amended to read as follows:
503.570 1. Every person taking or causing to be taken wild [animals] mammals by means of traps, snares or any other devices which do not, or are not designed to, cause immediate death to such [animals,] mammals, shall, when any such traps, snares or devices are placed or set for the purpose of taking [animals,] mammals, visit or cause to be visited at least once each 96 hours each such trap, snare or other device during all of the time the trap, snare or device is placed, set or used in the taking of wild [animals,] mammals, and remove therefrom any [animals] mammals caught therein.
2. The provisions in subsection 1 do not apply to employees of the state department of agriculture or the United States Fish and Wildlife Service when acting in their official capacities.
Sec. 34. NRS 503.580 is hereby amended to read as follows:
503.580 1. For the purposes of this section, public road or highway means:
(a) A highway designated as a United States highway.
(b) A highway designated as a state highway pursuant to the provisions of NRS 408.285.
(c) A main or general county road as defined by NRS 403.170.
2. It is unlawful for any person, company or corporation to place or set any steel trap, used for the purpose of trapping [animals,] mammals, larger than a No. 2 Newhouse trap, within 200 feet of any public road or highway within this state.
3. This section does not prevent the placing or setting of any steel trap inside, along or near a fence which may be situated less than 200 feet from any public road or highway upon privately owned lands.
Sec. 35. NRS 503.631 is hereby amended to read as follows:
503.631 1. [It] Except as otherwise provided in NRS 503.150, it is unlawful for the owner of any dog to permit such dog to run at large if such dog is actively tracking, pursuing, harassing, attacking or killing any [deer] big game mammal within this state.
2. Any such dog running at large may be destroyed by any peace officer without criminal or civil liability therefor.
Sec. 36. NRS 503.650 is hereby amended to read as follows:
503.650 Nothing in this Title:
1. Prohibits any person, upon the written permit of the department, from taking, killing, possessing or banding any species of wildlife, or collecting the nest or eggs thereof, for strictly scientific or educational purposes, the number and species of wildlife to be limited by the department.
2. Prevents shipping into any other county or state, under a written permit issued by the department, any wildlife for scientific or educational purposes. The fee for a permit to collect wildlife for scientific or educational purposes is $5.
Sec. 37. NRS 504.155 is hereby amended to read as follows:
504.155 All gifts, grants, fees and appropriations of money received by the department for the prevention and mitigation of damage caused by elk or game [animals] mammals not native to this state, and the interest and income earned on the money, less any applicable charges, must be accounted for separately within the wildlife account and may only be disbursed as provided in the regulations adopted pursuant to NRS 504.165.
κ1991 Statutes of Nevada, Page 269 (CHAPTER 139, SB 108)κ
separately within the wildlife account and may only be disbursed as provided in the regulations adopted pursuant to NRS 504.165.
Sec. 38. NRS 504.165 is hereby amended to read as follows:
504.165 1. The commission shall adopt regulations governing the disbursement of money to:
(a) Prevent or mitigate damage to private property and privately maintained improvements; and
(b) Compensate persons for grazing reductions and the loss of stored and standing crops,
caused by elk or game [animals] mammals not native to this state.
2. The regulations must contain:
(a) Requirements for the eligibility of those persons claiming damage to private property or privately maintained improvements to receive money or materials from the department, including a requirement that such a person enter into a cooperative agreement with the director for purposes related to this Title.
(b) Procedures for the formation of local panels to assess damage caused by elk or game [animals] mammals not native to this state and to determine the value of a loss claimed if the person claiming the loss and the department do not agree on the value of the loss.
(c) Procedures for the use on private property of materials purchased by the state to prevent damage caused by elk or game [animals] mammals not native to this state.
(d) Any other regulations necessary to carry out the provisions of this section and NRS 504.155 and 504.175.
3. Money may not be disbursed to a claimant pursuant to this section unless the claimant shows by a preponderance of the evidence that the damage for which he is seeking compensation was caused solely by elk or game [animals] mammals not native to this state.
Sec. 39. NRS 504.175 is hereby amended to read as follows:
504.175 The director shall, on or before the fifth calendar day of each regular session of the legislature, submit to the legislature a report summarizing the actions taken by the department to prevent or mitigate damage caused by elk or game [animals] mammals not native to this state. The report must include a list of the expenditures made pursuant to this section and NRS 504.155 and 504.165 during the preceding biennium and a determination of the amount of money remaining for those purposes.
Sec. 40. NRS 504.390 is hereby amended to read as follows:
504.390 1. As used in this section, unless the context requires otherwise, guide means to assist another person in hunting wild [animals] mammals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.
2. Every person who provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, shall obtain a master guide license from the department. Such a license may not be issued to any person who has not reached 21 years of age.
κ1991 Statutes of Nevada, Page 270 (CHAPTER 139, SB 108)κ
3. Each person who assists a person who is required to have a master guide license and acts as a guide in the course of that activity shall obtain a subguide license from the department. Such a license may not be issued to any person who has not reached 18 years of age.
4. Fees for master guide and subguide licenses must be as provided in NRS 502.240.
5. Any person who desires a master guide license must apply for the license on a form prescribed and furnished by the department. The application must contain such information as the commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, his application must be accompanied by a fee of $100, which is not refundable.
6. Any person who desires a subguide license must apply for the license on a form prescribed and furnished by the department.
7. If the holder of a master guide license operates with pack or riding animals, he shall also have a grazing or special use permit if he operates in any area where such a permit is required.
8. The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the department may require concerning fish and game taken by such persons. Such information must be furnished to the department on request.
9. If any licensee under this section, or person served by a licensee, is convicted of a violation of any provision of this Title, the department may immediately revoke the license of the licensee and may refuse issuance of another license to the licensee for a period of 2 years after the date of conviction.
10. The commission may adopt regulations covering the conduct and operation of a guide service.
11. The department may issue master guide and subguide licenses to be valid only in certain districts in such manner as may be determined by the regulations of the commission.
Sec. 41. NRS 505.010 is hereby amended to read as follows:
505.010 1. It is unlawful for any person to engage in, carry on or conduct wholly or in part the business of buying, selling, trading or dealing, within this state, in the raw skins or pelts of any wild [animal] mammal without first obtaining a fur dealers license pursuant to NRS 502.240.
2. If the dealer resides in, or if his principal place of business is within this state, he is a resident fur dealer.
3. All other fur dealers are nonresident fur dealers.
4. The department may require any person to submit such records and reports as are reasonably necessary to carry out the provisions of this section.
Sec. 42. 1. Sections 18, 37, 38 and 39 of this act become effective on October 1, 1991, only if, on or before June 30, 1991, at least $100,000 has been committed for expenditure from the wildlife account for the prevention and mitigation of damage and compensation for losses caused by elk or game animals not native to Nevada.
2. The remaining sections of this act become effective on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 271κ
Senate Bill No. 118Committee on Transportation
CHAPTER 140
AN ACT relating to traffic laws; imposing an additional fine upon a person convicted of driving under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.
[Approved May 6, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a defendant pleads or is found guilty of any violation of NRS 484.379 or 484.3795 and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any other penalty provided by law, fine him $60 as a fee for the chemical analysis. The fine must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be stated separately in the judgment of the court or on the courts docket. The court may lower the amount of the fee imposed pursuant to this subsection if it determines that the defendant is unable to pay the entire amount.
2. All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.
3. The county treasurer shall deposit all money received by him pursuant to subsection 2 in the county treasury for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.
4. In counties that receive forensic services under a contract with the state, the money credited to the fund pursuant to subsection 3, less 2 percent to cover administrative expenses, must be paid monthly by the county treasurer to the state treasurer for deposit in the appropriate state fund.
5. In counties that do not receive forensic services under a contract with the state, the money credited to the fund pursuant to subsection 3:
(a) Except as otherwise provided in paragraph (b), must be:
(1) Expended to pay for the chemical analyses performed within the county;
(2) Expended to purchase and maintain equipment to conduct such analyses;
(3) Expended for the training and continuing education of the employees who conduct such analyses; and
(4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.
(b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by, or training for employees of an analytical laboratory that is approved by the committee on testing for intoxication created in NRS 484.388.
κ1991 Statutes of Nevada, Page 272 (CHAPTER 140, SB 118)κ
Sec. 2. NRS 453.575 is hereby amended to read as follows:
453.575 1. When a defendant pleads or is found guilty of any violation of this chapter and an analysis of a controlled substance was performed in relation to his case, the justice or judge shall include in the sentence an order that the defendant pay the sum of [$50] $60 as a fee for the analysis of the controlled substance.
2. The money collected for such an analysis must not be deducted from any fine otherwise imposed by the justice or judge, but must be taxed against the defendant in addition to the fine. The money collected for such an analysis must be stated separately in the judgment of the court or on the courts docket. The court may lower the amount of the fee imposed pursuant to this section if it determines that the defendant is unable to pay the entire amount.
3. The money collected pursuant to subsection 1 in any district, municipal or justices court must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.
4. The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for forensic services. Upon receipt, the county treasurer shall deposit any fee for the analyses of controlled substances in the fund. The money from such deposits must be accounted for separately within the fund.
5. In counties which receive forensic services under a contract with the state, [any] the money deposited in the fund for forensic services pursuant to subsection 4 must be paid monthly by the county treasurer to the state treasurer for deposit in the state general fund, after retaining 2 percent of the money to cover his administrative expenses.
6. In counties which do not receive forensic services under a contract with the state, the money deposited in the fund for forensic services pursuant to subsection 4 must be expended, except as otherwise provided in this subsection:
(a) To pay for the analyses of controlled substances performed in connection with criminal investigations within the county;
(b) To purchase and maintain equipment to conduct these analyses; and
(c) For the training and continuing education of the employees who conduct these analyses.
Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.
________
κ1991 Statutes of Nevada, Page 273κ
Senate Bill No. 114Committee on Transportation
CHAPTER 141
AN ACT relating to motor vehicles; requiring the department of motor vehicles and public safety to collect additional fees for licensing transporters, distributors, manufacturers, dealers, rebuilders and salesmen of vehicles; requiring the investigation of the criminal records of persons who apply for such licenses; and providing other matters properly relating thereto.
[Approved May 6, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.3163 is hereby amended to read as follows:
482.3163 1. An application for a license as a vehicle transporter must be accompanied by a fee of $100 and be submitted on forms supplied by the department. The forms must designate the persons whose names are required to appear thereon. An additional fee of $38 must be submitted for each person whose name appears on the application. The application must contain:
(a) The applicants name and address; and
(b) Such other information as the department requires.
Each applicant for initial licensure must submit with his application a complete set of his fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report.
2. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license as a vehicle transporter.
3. A license issued pursuant to this section expires on December 31 of each year. Before December 31 of each year, a licensee must submit to the department, on forms supplied by the department and in the manner specified by the department, an application for renewal accompanied by an annual fee for renewal of $50.
Sec. 2. NRS 482.325 is hereby amended to read as follows:
482.325 1. Applications for a manufacturers, distributors, dealers or rebuilders license must be filed upon forms supplied by the department . [, and the] The forms must designate the persons whose names are required to appear thereon. The applicant shall furnish:
(a) Such proof as the department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.
(b) A fee of $125.
(c) A fee of $38 for each person whose name appears on the application.
(d) For initial licensure, a complete set of his fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report.
2. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a dealers, manufacturers, distributors or rebuilders license certificate containing the latters name and address of his established place of business or the address of the main office of a manufacturer without an established place of business in this state.
κ1991 Statutes of Nevada, Page 274 (CHAPTER 141, SB 114)κ
name and address of his established place of business or the address of the main office of a manufacturer without an established place of business in this state.
3. Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the department with an application for renewal of his license accompanied by an annual fee of $50. An additional fee of $38 must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the department and contain information required by the department.
Sec. 3. NRS 482.362 is hereby amended to read as follows:
482.362 1. A person shall not engage in the activity of a [vehicle, trailer or semitrailer] salesman of vehicles, trailers or semitrailers in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.
(c) A statement as to whether any previous application of the applicant has been denied or license revoked.
(d) Payment of a nonrefundable license fee of [$10 per year.] $48. The license expires on December 31 of each calendar year [.] and may be renewed annually upon the payment of a fee of $10.
(e) For initial licensure, the applicant to submit a complete set of his fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report.
(f) Any other information the department deems necessary.
2. The department may issue a 60-day temporary license to an applicant who has submitted an application and paid the required fee.
3. A [vehicle, trailer or semitrailer salesmans] license to act as a salesman of vehicles, trailers or semitrailers issued pursuant to this chapter does not permit a person to engage in the business of selling mobile homes.
4. An application for a salesmans license may be denied and a salesmans license may be suspended or revoked upon the following grounds:
(a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a gross misdemeanor.
(d) Conviction of a misdemeanor for violation of any of the provisions of this chapter.
(e) Falsification of the application.
(f) Any reason determined by the director to be in the best interests of the public.
κ1991 Statutes of Nevada, Page 275 (CHAPTER 141, SB 114)κ
5. A [vehicle] salesman of vehicles shall not engage in any sales activity other than for the account of or for and in behalf of a single employer, who must be a licensed dealer, lessor or rebuilder.
6. If an application for a salesmans license has been denied, the applicant may reapply after not less than 6 months after the denial.
7. A salesmans license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom he is licensed to sell vehicles.
8. If a salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his license to act as a salesman is automatically suspended and his right to act as a salesman thereupon immediately ceases, and he shall not engage in the activity of a salesman until he has paid the department a transfer fee of $5 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary license or a new salesmans license to his employer.
9. If a licensed salesman changes his residential address, he shall submit a written notice of the change to the department within 10 days.
10. A licensed dealer, lessor or rebuilder who employs a licensed salesman shall notify the department of the termination of his employment within 10 days following the date of termination by forwarding the salesmans license to the department.
11. Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.
________
Assembly Bill No. 237Committee on Education
CHAPTER 142
AN ACT relating to the transportation of pupils; authorizing the designation of areas in which school buses may load and unload pupils without operating flashing red lights; clarifying the provisions proscribing certain conduct of motorists when approaching a school bus; and providing other matters properly relating thereto.
[Approved May 6, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.410 is hereby amended to read as follows:
392.410 1. [When] Every school bus operated for the transportation of pupils to or from school [, every school bus] must be equipped with a system of flashing [red-light system] red lights of a type approved by the [department of motor vehicles and public safety,] state board, and installed at the expense of the school district or operator. [The] Except as otherwise provided in subsection 2, the driver shall operate this signal:
(a) When [pupils are unloading from] the bus [.] is stopped to unload pupils.
(b) When the bus is stopped to load pupils.
κ1991 Statutes of Nevada, Page 276 (CHAPTER 142, AB 237)κ
(c) In times of emergency or accident.
2. A driver may stop to load and unload pupils in a designated area without operating the system of flashing red lights required by subsection 1 if the designated area:
(a) Has been designated by a school district and approved by the department;
(b) Is of sufficient depth and length to provide space for the bus to park at least 8 feet off the traveled portion of the roadway;
(c) Is not within an intersection of roadways;
(d) Contains ample space between the exit door of the bus and the parking area to allow safe exit from the bus;
(e) Is located so as to allow the bus to reenter the traffic from its parked position without creating a traffic hazard; and
(f) Is located so as to allow pupils to enter and exit the bus without crossing the roadway.
3. In addition to the equipment required by subsection 1 and except as otherwise provided in subsection 4 of NRS 392.400, each school bus must be equipped and identified as required by the regulations of the state board . [of education.
3.] 4. The agents and employees of the department of motor vehicles and public safety shall inspect school buses to determine whether the provisions of this section concerning equipment and identification of the school buses have been complied with, and shall report any violations discovered [thereby] to the superintendent of schools of the school district wherein the vehicles are operating.
[4.] 5. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of it from the department of motor vehicles and public safety, he is guilty of a misdemeanor, and upon conviction [thereof] must be removed from office.
[5.] 6. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 2. NRS 484.357 is hereby amended to read as follows:
484.357 1. Except as otherwise provided in subsection 2, the driver of any vehicle upon a highway, street or road, when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped on the highway, street or road [for the purpose of receiving or discharging] to receive or discharge any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring his vehicle to [a stop immediately] an immediate stop and shall not attempt to overtake or proceed past the school bus until the flashing red signal ceases operation.
2. The driver of a vehicle upon a divided highway need not stop upon meeting or passing a school bus which is [upon] positioned in the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus [when the school bus is stopped at an intersection or a place] where traffic is controlled by a traffic officer . [or an official traffic signal.]
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
κ1991 Statutes of Nevada, Page 277 (CHAPTER 142, AB 237)κ
Sec. 3. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 158Committee on Government Affairs
CHAPTER 143
AN ACT relating to state finance; expanding the justification for an immediate revision of a work program of a department, institution or agency of the executive department of the state government; clarifying the procedure for the acceptance of a private grant by a state agency; authorizing the interim finance committee to approve an expenditure from the education gift fund when the legislature is not in session; authorizing an expenditure from the education gift fund; and providing other matters properly relating thereto.
[Approved May 6, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.220 is hereby amended to read as follows:
353.220 1. The head of any department, institution or agency of the executive department of the state government, whenever he deems it necessary by reason of changed conditions, may request the revision of the work program of his department, institution or agency at any time during the fiscal year, and submit the revised program to the governor through the chief with a request for revision of the allotments for the remainder of that fiscal year.
2. Every request for revision must be submitted to the chief on the form and with supporting information as the chief prescribes.
3. Before encumbering any appropriated or authorized money, every request for revision must be approved or disapproved in writing by the governor or the chief, if the governor has by written instrument delegated this authority to the chief.
4. Whenever a request for the revision of a work program of a department, institution or agency in an amount more than $2,000 would, when considered with all other changes in allotments for that work program made pursuant to NRS 353.215 and subsections 1, 2 and 3 of this section, increase or decrease by 10 percent or $25,000, whichever is less, the expenditure level approved by the legislature for any of the allotments within the work program, the request must be approved as provided in subsection 5 before any appropriated or authorized money may be encumbered for the revision.
5. If a request for the revision of a work program requires additional approval as provided in subsection 4 and:
(a) Is necessary because of an emergency as defined in NRS 353.263 or for the protection of life or property, the governor shall take reasonable and proper action to approve it and shall report the action, and his reasons for determining that immediate action was necessary, to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes approval of the revision, and other provisions of this chapter requiring approval before encumbering money for the revision do not apply.
κ1991 Statutes of Nevada, Page 278 (CHAPTER 143, AB 158)κ
(b) The governor determines that the revision is necessary and requires expeditious action, he may certify that the request requires expeditious action by the interim finance committee. Whenever the governor so certifies, the interim finance committee has 15 days after the request is submitted to its secretary within which to consider the revision. Any request for revision which is not considered within the 15-day period shall be deemed approved.
(c) Does not qualify [under] pursuant to paragraph (a) or (b), it must be submitted to the interim finance committee. The interim finance committee has 45 days after the request is submitted to its secretary within which to consider the revision. Any request which is not considered within the 45-day period shall be deemed approved.
6. The secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 5 on the agenda of the next meeting of the interim finance committee.
7. In acting upon a proposed revision of a work program, the interim finance committee shall consider, among other things:
(a) The need for the proposed revision; and
(b) The intent of the legislature in approving the budget for the present biennium and originally enacting the statutes which the work program is designed to effectuate.
Sec. 2. NRS 353.335 is hereby amended to read as follows:
353.335 1. Except as otherwise provided in subsections 4 and 5 and NRS 236.080, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the governor shall take reasonable and proper action to accept it and shall report the action, and his reasons for determining that immediate action was necessary, to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
(b) The governor determines that any proposed gift or grant would be forfeited if the state failed to accept it before the expiration of the period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the interim finance committee. Whenever the governor so declares, the interim finance committee has 15 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.
(c) The proposed acceptance of any gift or grant which does not qualify [under] pursuant to paragraph (a) or (b) must be submitted to the interim finance committee. The interim finance committee has 45 days after the proposal is submitted to its secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.
κ1991 Statutes of Nevada, Page 279 (CHAPTER 143, AB 158)κ
3. The secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the interim finance committee.
4. In acting upon a proposed gift or grant, the interim finance committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the state;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and any related fiscal or monetary policies.
5. A state agency may accept.:
(a) Gifts , including grants from nongovernmental sources, not exceeding $10,000 each in value; and
(b) Governmental grants not exceeding $50,000 each in value,
if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.
6. This section does not apply to:
(a) The state industrial insurance system;
(b) The University of Nevada System; or
(c) The department of human resources while acting as the state health planning and development agency pursuant to paragraph (c) of subsection 1 of NRS 439A.081.
Sec. 3. NRS 385.095 is hereby amended to read as follows:
385.095 Except as otherwise provided in NRS 385.091:
1. All gifts of money which the state board is authorized to accept must be deposited in a permanent trust fund in the state treasury designated as the education gift fund.
2. The money available in the education gift fund must be used only for the purpose specified by the donor, within the scope of the state boards powers and duties, and no expenditure may be made until approved by the legislature in an authorized expenditure act [.] or by the interim finance committee if the legislature is not in session.
3. If all or part of the money accepted by the state board from a donor is not expended before the end of any fiscal year, the remaining balance of the amount donated must remain in the education gift fund until needed for the purpose specified by the donor.
Sec. 4. The state board of education is hereby authorized to expend from the education gift fund the sum of $97,700 during the fiscal year 1991 for the purposes set forth in NRS 385.095.
Sec. 5. 1. This section and section 4 of this act become effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 280κ
Assembly Bill No. 128Committee on Government Affairs
CHAPTER 144
AN ACT relating to the division of land; authorizing local planning commissions to take final action on proposed divisions of land into large parcels; and providing other matters properly relating thereto.
[Approved May 6, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.472 is hereby amended to read as follows:
278.472 1. After the planning commission or governing body has approved the tentative map or waived the requirement of its filing, or 60 days after the date of its filing, whichever is [sooner,] earlier, the person who proposes to divide the land may file a final map of the division with the governing body [.] or, if authorized by ordinance, with the planning commission. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that no property taxes on the land are delinquent.
2. This map must be:
(a) Entitled Map of Division into Large Parcels.
(b) Filed with the governing body or planning commission not later than 1 year after the date that the tentative map was first filed with the planning commission or governing body or that the requirement of its filing was waived.
(c) Prepared by a professional land surveyor.
(d) Based upon an actual survey by the preparer and show the date of the survey or based upon the most recent government survey and show the date of approval of the government survey and contain a certificate by the preparer that the parcels contain the number of acres shown for each parcel.
(e) Clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for this purpose in the engineering profession, but affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with opaque ink.
(f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.
(g) Of scale large enough to show clearly all details.
3. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
4. This map must show and define:
(a) All subdivision lots by the number and actual acreage of each lot.
(b) All roads or easements of access which exist and which the owner intends to offer for dedication, all roads or easements of access which are shown on the applicable master plan and all roads or easements of access which are specially required by the planning commission or governing body.
κ1991 Statutes of Nevada, Page 281 (CHAPTER 144, AB 128)κ
(c) Any easements for public utilities which exist or are proposed.
(d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
Sec. 2. NRS 278.4725 is hereby amended to read as follows:
278.4725 1. The governing body or planning commission must approve, conditionally approve or disapprove the final map [filed,] basing its action upon the requirements of NRS 278.472, within 45 days after its filing. A decision made by the planning commission may be appealed to the governing body by any aggrieved person within 45 days after the action of the planning commission. If the map is disapproved, the governing body or planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of what changes would be necessary to render the map acceptable. If the governing body or planning commission neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.
2. Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:
(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.
3. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by the owner of land consenting to the dedication of the roads and granting of the easements.
(b) A certificate signed by the clerk of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 for action by the governing body or the planning commission has expired.
(c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that no property taxes on the land are delinquent.
4. After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.
5. The county recorder shall charge and collect for recording the map a fee of no more than $25 per page set by the board of county commissioners.
________
κ1991 Statutes of Nevada, Page 282κ
Assembly Bill No. 27Committee on Health and Welfare
CHAPTER 145
AN ACT relating to child health; changes statutory references from crippled children to children with special health care needs; and providing other matters properly relating thereto.
[Approved May 6, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 442.120 is hereby amended to read as follows:
442.120 The department is hereby designated as the agency of this state to cooperate, through the health division, with the duly constituted federal authorities in the administration of those parts of the Social Security Act which relate to the maternal and child health services and the care and treatment of [crippled children,] children with special health care needs, and is authorized to receive and expend all funds made available to the department by the Federal Government, the state or its political subdivisions, or from any other source for the purposes provided in this chapter.
Sec. 2. NRS 442.180 is hereby amended to read as follows:
442.180 1. The department is hereby designated as the agency of this state to administer a program of service for children who [are crippled] have special health care needs or who are suffering from conditions which lead to [crippling,] a handicap, and to supervise the administration of those services included in the program which are not administered directly by it.
2. The purpose of [such program shall be] the program is to develop, extend and improve services for locating such children, and for providing for medical, surgical, corrective and other services and care, and providing facilities for diagnosis, hospitalization and aftercare.
Sec. 3. NRS 442.190 is hereby amended to read as follows:
442.190 1. The department may:
(a) Formulate, adopt and administer, through the state board of health and the health division, a detailed plan or plans for the purposes specified in NRS 442.180.
(b) Adopt, through the state board of health, regulations necessary for the administration of the plan or plans and the administration of NRS 442.180 to 442.220, inclusive.
2. In developing and revising the plan or plans, the department shall consider, among other things, the amount of money available from the Federal Government for services to [crippled] children with special health care needs and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to [crippled children.] children with special health care needs.
Sec. 4. NRS 442.210 is hereby amended to read as follows:
442.210 1. The administrator of the health division shall administer and enforce the provisions of NRS 442.180 to 442.220, inclusive, and of the plan or plans formulated and adopted for the purposes of NRS 442.180 to 442.220, inclusive, and all regulations necessary thereto and adopted by the state board of health.
κ1991 Statutes of Nevada, Page 283 (CHAPTER 145, AB 27)κ
2. The administrator shall administer and enforce all regulations adopted by the state board of health for the efficient operation of such plan or plans formulated by the state board of health and the health division for the purposes of NRS 442.180 to 442.220, inclusive.
3. The administrator shall maintain his office in Carson City, Nevada, or elsewhere in the state as directed by the director, and keep therein all records, reports, papers, books and documents pertaining to the subjects of NRS 442.180 to 442.220, inclusive . [, and,] The administrator, when directed [so to do] by the terms of any plan or plans perfected, or by the director, [he] shall provide in such places within the state such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of NRS 442.180 to 442.220, inclusive . [; but when] If the proper medical or surgical services cannot be had within the state for any [crippled] child with special health care needs, the secretary of the state board of health may provide for those services in some other state.
4. The administrator shall, from time to time as directed by the Secretary of Health and Human Services, make reports, in such form and containing such information concerning the subjects of NRS 442.180 to 442.220, inclusive, as the Secretary of Health and Human Services requires.
5. The administrator shall , from time to time [,] pursuant to the rules and regulations of the Secretary of Health and Human Services and of the Secretary of the Treasury, requisition and cause to be deposited with the state treasurer all money allotted to this state by the Federal Government for the purposes of NRS 442.180 to 442.220, inclusive . [, and the] The administrator shall cause to be paid out of the state treasury the money therein deposited for the purposes of NRS 442.180 to 442.220, inclusive.
Sec. 5. NRS 442.215 is hereby amended to read as follows:
442.215 1. The administrator of the health division may recover costs of corrective treatment for [crippled] children with special health care needs from the parents of the child who receives the treatment, pursuant to subsections 2 and 3.
2. The administrator shall investigate the financial circumstances of a parent of a [crippled] child with special health care needs for whom an application is made to determine whether part or all of the expenses for treatment should be paid for by such parent.
3. The administrator may authorize corrective treatment for a [crippled] child with special health care needs at state expense when it is determined that the parent of the child is unable to pay the cost of this treatment or any part thereof. A determination of ability to pay and eligibility for payment at state expense must be based on the following factors:
(a) Resources of the parent, including hospital and medical insurance;
(b) Other available sources of payment, including state aid for medically indigent families;
(c) Estimated cost of care;
(d) Length of treatment;
(e) Household size in relation to income; and
(f) Debts and obligations.
4. As used in this section, parent means a natural parent or an adoptive parent.
κ1991 Statutes of Nevada, Page 284 (CHAPTER 145, AB 27)κ
Sec. 6. NRS 442.217 is hereby amended to read as follows:
442.217 1. All services purchased for [crippled] children with special health care needs pursuant to NRS 442.180 to 442.220, inclusive, [shall] must be authorized by the health division [prior to] before the time such services are provided, and a record of such authorizations [shall] must be retained as part of the [individuals] childs case record in the health division.
2. Authorizations for services provided during the hours when the offices of the health division are closed may be issued retroactively, provided that:
(a) The child meets the eligibility requirements of the program; and
(b) The health division is notified by the physician, hospital or other provider of services within 72 hours following the time service was provided.
Sec. 7. NRS 442.220 is hereby amended to read as follows:
442.220 1. The state treasurer is custodian of all money appropriated by this state, allotted to this state by the Federal Government, or received by this state from other sources, for the purposes of NRS 442.180 to 442.220, inclusive.
2. The division shall deposit the money in the state treasury for credit to the account for [crippled children.] childrens special health care services.
3. All claims and demands against the account must be paid only upon the administrators certifying the claims and demands in proper vouchers to the state controller who shall thereupon draw his warrant or warrants therefor, and the state treasurer shall pay them.
Sec. 8. NRS 442.230 is hereby amended to read as follows:
442.230 1. The department may enter into a cooperative agreement or agreements with the Department of Health and Human Services, prescribing the manner, terms and conditions of cooperation by the department and the Department of Health and Human Services in providing for the finding, diagnosis and treatment of [crippling conditions of childhood,] children with special health care needs, including children with rheumatic fever.
2. Such agreements may provide for the amounts which the state and the Federal Government will contribute under the agreement, and the department shall be bound and governed by such agreement or agreements.
________
Assembly Bill No. 13Committee on Education
CHAPTER 146
AN ACT relating to school districts; progressively increasing the salaries for boards of trustees; and providing other matters properly relating thereto.
[Approved May 6, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 386.320 is hereby amended to read as follows:
386.320 1. If the total pupil enrollment in the school district for the immediately preceding school year is less than 1,000:
κ1991 Statutes of Nevada, Page 285 (CHAPTER 146, AB 13)κ
(a) The clerk and president of the board of trustees may each receive a salary of [$20] $70 for each board of trustees meeting they attend, not to exceed [$40] $140 a month.
(b) The other trustees may each receive a salary of [$15] $65 for each board of trustees meeting they attend, not to exceed [$30] $130 a month.
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and [such] the stenographer may be paid a reasonable fee for each meeting attended.
2. If the total pupil enrollment in the school district for the immediately preceding school year is 1,000 or more:
(a) The clerk and president of the board of trustees may each receive a salary of [$55] $70 for each board of trustees meeting they attend, not to exceed [$220] $280 a month.
(b) The other trustees may each receive a salary of [$50] $65 for each board of trustees meeting they attend, not to exceed [$200] $260 a month.
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees [; and this] , and the stenographer may be paid a reasonable fee for each meeting attended.
Sec. 2. NRS 386.320 is hereby amended to read as follows:
386.320 1. If the total pupil enrollment in the school district for the immediately preceding school year is less than 1,000:
(a) The clerk and president of the board of trustees may each receive a salary of [$70] $85 for each board of trustees meeting they attend, not to exceed [$140] $170 a month.
(b) The other trustees may each receive a salary of [$65] $80 for each board of trustees meeting they attend, not to exceed [$130] $160 a month.
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and the stenographer may be paid a reasonable fee for each meeting attended.
2. If the total pupil enrollment in the school district for the immediately preceding school year is 1,000 or more:
(a) The clerk and president of the board of trustees may each receive a salary of [$70] $85 for each board of trustees meeting they attend, not to exceed [$280] $340 a month.
(b) The other trustees may each receive a salary of [$65] $80 for each board of trustees meeting they attend, not to exceed [$260] $320 a month.
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and the stenographer may be paid a reasonable fee for each meeting attended.
Sec. 3. 1. This section and section 1 of this act become effective on July 1, 1991.
2. Section 2 of this act becomes effective on July 1, 1992.
________
κ1991 Statutes of Nevada, Page 286κ
Assembly Bill No. 29Committee on Health and Welfare
CHAPTER 147
AN ACT relating to food establishments; expanding the definition to include establishments in which nonprofit organizations sell food to members of the general public on a regular basis; and providing other matters properly relating thereto.
[Approved May 6, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 446.020 is hereby amended to read as follows:
446.020 1. Except as limited by subsection 2, food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served.
2. The term does not include:
(a) Private homes;
(b) Fraternal or social clubhouses at which attendance is limited to members of the club;
(c) Vehicles operated by common carriers engaged in interstate commerce;
(d) [Premises] Any establishment in which religious, charitable and other nonprofit organizations sell food [for the purpose of raising] occasionally to raise money or in which charitable organizations receive salvaged food in bulk quantities for free distribution [;] , unless the establishment is open on a regular basis to sell food to members of the general public;
(e) Any establishment where animals are slaughtered which is regulated and inspected by the state department of agriculture;
(f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of NRS; or
(g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only those beverages which are in sealed containers.
________
κ1991 Statutes of Nevada, Page 287κ
Senate Bill No. 357Committee on Taxation
CHAPTER 148
AN ACT relating to taxation; repealing the prospective expiration of the increased tax on cigarettes; and providing other matters properly relating thereto.
[Approved May 7, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Sections 3, 5 and 7 of chapter 887, Statutes of Nevada 1989, at pages 2185, 2187 and 2188, respectively, are hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 74Committee on Judiciary
CHAPTER 149
AN ACT relating to the disposition of unclaimed property; allowing the state to take custody of certain unclaimed property held by an intermediary in another state; and providing other matters properly relating thereto.
[Approved May 7, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 120A of NRS is hereby amended by adding thereto a new section to read as follows:
All intangible personal property, including, but not limited to, any income or increment thereon, that is held for the owner outside this state by a court, public corporation, public authority or public officer, an appointee thereof, a federal or state governmental entity or a political subdivision thereof or any business association, that has remained unclaimed by the owner for more than 3 years after it became payable or distributable by the issuer of the property is presumed abandoned and subject to the provisions of this chapter if:
1. The last known address of the owner is unknown to the holder of the property; and
2. The property was issued or originated by this state, a political subdivision of this state or an entity or organization that was incorporated or organized under the laws of this state.
Sec. 2. The provisions of this act apply to any intangible personal property held for the owner on or after the effective date of this act outside this state by the entities set forth in section 1 of this act, regardless of the time the property became or becomes presumptively abandoned.
κ1991 Statutes of Nevada, Page 288 (CHAPTER 149, SB 74)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 331Committee on Finance
CHAPTER 150
AN ACT relating to projects of capital improvement; authorizing the transfer of money between projects of the state public works board to complete the expansion of the Indian Springs Conservation Camp; and providing other matters properly relating thereto.
[Approved May 7, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The state public works board may transfer the sum of $145,000 from the amount allocated pursuant to section 1 of chapter 613, Statutes of Nevada 1989, at page 1370, for Project No. 89-47, modular housing unit at Northern Nevada Correctional Center, to the amount allocated pursuant to that section for Project No. 89-19, additional area lighting along north perimeter and expansion of Indian Springs Conservation Camp.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 303Committee on Human Resources and Facilities
CHAPTER 151
AN ACT relating to hospitals; revising the requirement for a quorum of the board of hospital trustees in certain counties; and providing other matters properly relating thereto.
[Approved May 7, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 450.140 is hereby amended to read as follows:
450.140 1. The board of hospital trustees shall hold meetings at least once each month, and shall keep a complete record of all its transactions.
2. In counties where three county commissioners are not members of the board, three members of the board [shall] constitute a quorum for the transaction of business.
3. [In] Except as otherwise provided in subsection 4, in counties where three county commissioners are members of the board, any five of the members [shall] constitute a quorum for the transaction of business.
κ1991 Statutes of Nevada, Page 289 (CHAPTER 151, SB 303)κ
4. In counties where the board of county commissioners is the board of hospital trustees, a majority of the board constitutes a quorum for the transaction of business.
________
Assembly Bill No. 376Committee on Government Affairs
CHAPTER 152
AN ACT relating to counties; allowing counties to impose and collect a fee for the protection of a species or subspecies of wildlife that is threatened with extinction; and providing other matters properly relating thereto.
[Approved May 10, 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. In a county whose population is 400,000 or more and in which exists a species or subspecies of wildlife that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended, the board of county commissioners may by ordinance establish, control, manage and operate an area or zone for the preservation of wildlife habitat. In addition, the board, in cooperation with the responsible state and federal agencies, may encourage in any other manner the preservation of the species or subspecies, including participation in an agreement made pursuant to NRS 503.589. The board may purchase, exchange or lease real property, personal property, water rights, grazing permits and other interests in such property for this purpose. If any such property, rights or other interests are purchased from a nonprofit organization, the board of county commissioners may reimburse the organization for its cost of acquisition, not to exceed its appraised value, and any interest, carrying costs, direct expenses and reasonable overhead charges.
2. The board of county commissioners may, by ordinance, impose a reasonable fee of not more than $1,000 per acre on the construction of a structure or the grading of land in the unincorporated areas of the county for the expense of carrying out the provisions of subsection 1. The fee must be collected at the same time and in the same manner as the fee for the issuance of a building permit collected pursuant to NRS 278.580.
3. If a fee is imposed pursuant to subsection 2, the board of county commissioners shall create an enterprise fund exclusively for fees collected pursuant to subsection 2. Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. The money in the fund may only be used to pay the actual direct costs of the program or programs for providing for the protection of an endangered species or subspecies of wildlife as identified in subsection 1.
κ1991 Statutes of Nevada, Page 290 (CHAPTER 152, AB 376)κ
Sec. 2. 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] chapter 19, Statutes of Nevada 1991, any fee imposed pursuant to section 1 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.
κ1991 Statutes of Nevada, Page 291 (CHAPTER 152, AB 376)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 45Committee on Judiciary
CHAPTER 153
AN ACT relating to criminal procedure; establishing standards for plea bargains; allowing a person who agrees to enter into a plea bargain to testify before he enters a plea or is sentenced; and providing other matters properly relating thereto.
[Approved May 10, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 174 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a prosecuting attorney enters into an agreement with a defendant in which the defendant agrees to testify against another defendant in exchange for a plea of guilty or nolo contendere to a lesser charge or for a recommendation of a reduced sentence, the agreement:
(a) Is void if the defendants testimony is false.
(b) Must be in writing and include a statement that the agreement is void if the defendants testimony is false.
2. A prosecuting attorney shall not enter into an agreement with a defendant which:
(a) Limits the testimony of the defendant to a predetermined formula.
(b) Is contingent on the testimony of the defendant contributing to a specified conclusion.
Sec. 2. NRS 174.065 is hereby amended to read as follows:
174.065 Except as otherwise provided in section 1 of this act:
1. On a plea of guilty to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify the degree, and in such event the defendant shall not be punished for a higher degree than that specified in the plea.
2. On a plea of guilty to an indictment or information for murder of the first degree, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify a punishment less than death. The specified punishment, or any lesser punishment, may be imposed by a single judge.
Sec. 3. Chapter 175 of NRS is hereby amended by adding thereto a new section to read as follows:
If a prosecuting attorney enters into an agreement with a defendant in which the defendant agrees to testify against another defendant in exchange for a plea of guilty or nolo contendere to a lesser charge or for a recommendation of a reduced sentence the court shall:
κ1991 Statutes of Nevada, Page 292 (CHAPTER 153, AB 45)κ
1. After excising any portion it deems irrelevant or prejudicial, permit the jury to inspect the agreement;
2. If the defendant who is testifying has not entered his plea or been sentenced pursuant to the agreement, instruct the jury regarding the possible related pressures on the defendant by providing the jury with an appropriate cautionary instruction; and
3. Allow the defense counsel to cross-examine fully the defendant who is testifying concerning the agreement.
Sec. 4. Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A defendant is not incompetent to be a witness solely by reason of the fact that he enters into an agreement with the prosecuting attorney in which he agrees to testify against another defendant in exchange for a plea of guilty or nolo contendere to a lesser charge or for a recommendation of a reduced sentence.
2. The testimony of the defendant who is testifying may be admitted whether or not he has entered his plea or been sentenced pursuant to the agreement with the prosecuting attorney.
________
Assembly Bill No. 399Committee on Ways and Means
CHAPTER 154
AN ACT making a supplemental appropriation to the health division of the department of human resources for additional vaccines required for the immunization of preschool and school children; and providing other matters properly relating thereto.
[Approved May 10, 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 health division of the department of human resources the sum of $274,176 for the purchase of additional vaccines required for the immunization of preschool and school children. This appropriation is supplemental to that made by section 30 of chapter 611, Statutes of Nevada 1989, at page 1351.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 293κ
Senate Bill No. 253Committee on Government Affairs
CHAPTER 155
AN ACT relating to the Airport Authority of Washoe County; making various changes relating to the plan of civil service adopted by the authority; and providing other matters properly relating thereto.
[Approved May 10, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 29 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 737, Statutes of Nevada 1989, at page 1726, is hereby amended to read as follows:
Sec. 29. The authority, by action of the board, may adopt its own plan of civil service to be administered by the board. The plan must include, but need not be limited to, the following provisions:
1. Entry into the service on the basis of open competition.
2. Service, promotions and remuneration on the basis of merit, efficiency and fitness.
3. Classifications of the positions in the service.
4. The rating of candidates on the basis of publicly announced competitive examinations and the maintenance of lists of eligible candidates.
5. Employment of candidates from the eligible lists in the highest qualified rating.
6. Probationary periods not to exceed [6] 12 months.
7. Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review.
8. Schedules of compensation and increases in pay prepared by the board.
9. Promotion on the basis of ascertained merit, seniority in service and competitive examinations.
10. Provision for keeping service records on all employees.
11. Regulations for hours of work, attendance, holidays, leaves of absence and transfers.
12. Procedures for layoffs, discharge, suspension, discipline and reinstatement.
13. The exemption from civil service of managers, supervisors, except those supervisors covered by an agreement negotiated pursuant to chapter 288 of NRS, deputy directors, the executive director, persons employed to render professional, scientific, technical or expert service, persons providing services of a temporary or exceptional character, persons employed on projects paid from the proceeds of bonds issued by the authority and persons employed for a period of less than 3 months in any 12-month period.
14. Review by [an arbitrator,] the board, at the request of the employee in question and after notice and hearing, of any disciplinary action, suspension or discharge of any employee, which action, suspension or discharge may be affirmed, modified or reversed by the [arbitrator.
κ1991 Statutes of Nevada, Page 294 (CHAPTER 155, SB 253)κ
action, suspension or discharge of any employee, which action, suspension or discharge may be affirmed, modified or reversed by the [arbitrator. If the parties are unable to agree on an arbitrator, the labor commissioner must submit to the parties a list of seven potential arbitrators. The parties shall select their arbitrator by alternatively striking one name until the name of only one arbitrator remains, who will be the arbitrator to hear the dispute. The authority shall strike the first name. Findings of the arbitrator are subject to review only in accordance with the provisions of chapter 38 of the Nevada Revised Statutes.] board. The decision of the board is a final decision in a contested case for the purpose of judicial review. An employee may appeal the decision of the board to a district court within the time limits and in the manner provided by law for the appeal of administrative decisions of state agencies.
________
Assembly Bill No. 394Committee on Government Affairs
CHAPTER 156
AN ACT authorizing contribution toward the construction, other acquisition, equipment and improvement of an additional powerplant at Hoover Dam and the issuance of bonds and other securities by the State of Nevada, acting by and through the Colorado River commission; and providing other matters properly relating thereto.
[Approved May 10, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Terms used or referred to in this act are as defined in the State Securities Law; but the terms defined in sections 2, 3 and 4, of this act, wherever used or referred to in this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.
Sec. 2. Commission means the Colorado River commission.
Sec. 3. Facilities means the works, facilities and appurtenances of the project constructed or otherwise acquired by the Federal Government under the authorization of the Boulder Canyon Project Act (43 U.S.C. § 617), including, without limitation:
1. An underground powerhouse containing machines for the generation of hydroelectricity, associated transformers and other equipment;
2. Associated penstocks, tunnels, shafts and ancillary works; and
3. Associated transmission facilities, including switchyard facilities, high voltage transmission lines and connections, and related works to deliver hydroelectricity from the powerhouse.
Sec. 4. Project means the construction and other acquisition, improvement and equipment of the facilities by the Federal Government, as defined in this act and generally as described in the Feasibility Design Summary, Hoover Powerplant Modification, 500 MW Addition, Boulder Canyon Project, Arizona, November 1990, and prepared by the United States Department of the Interior, Bureau of Reclamation, as amended or supplemented.
κ1991 Statutes of Nevada, Page 295 (CHAPTER 156, AB 394)κ
Arizona, November 1990, and prepared by the United States Department of the Interior, Bureau of Reclamation, as amended or supplemented.
Sec. 5. The commission, on the behalf of the state, may:
1. Participate in the funding of the project by contributing to the Federal Government a share of the cost of the project;
2. Contract with the Federal Government for Nevadas participation share of the:
(a) Funding of the project and other matters related thereto; and
(b) Hydroelectrical capacity produced by the facilities acquired by the project and other matters related thereto; and
3. Borrow money and otherwise become obligated in a total principal amount not to exceed $200,000,000 to defray wholly or in part Nevadas share of the funding of the project, including, without limitation, interest during construction, and the costs of engineering, issuing securities and replacing hydroelectrical capacity during construction, and issue state securities to evidence these obligations.
Sec. 6. The authority to issue securities under this act increases or decreases to the extent justified by reason of changes in procurement and construction costs between November 1, 1990, and the date of acquisition of the facilities by the Federal Government, as indicated by engineering cost indexes applicable to this type of acquisition.
Sec. 7. 1. Subject to the limitations as to the maximum principal amount in section 5 of this act, the commission may issue to defray the cost of the project, or any part thereof, at any time or from time to time after the adoption of this act, but not later than 15 years after the effective date thereof, as the commission may determine, in accordance with the provisions of the State Securities Law:
(a) General obligation bonds and other general obligation securities payable from taxes, whose payment is additionally secured with net pledged revenues;
(b) Revenue bonds and other securities constituting special obligations and payable from net pledged revenues; or
(c) Any combination of these.
2. This act does not prevent the commission from funding, refunding or reissuing any outstanding state securities issued by the commission or the former division of Colorado River resources at any time as provided in the State Securities Law.
3. Subject to contractual obligations, the net revenues pledged, if any, for the payment of state securities by the commission may be derived from contractual commitments of the Federal Government, of those customers of the commission or others purchasing the hydroelectrical capacity produced by the facilities acquired by the project, or of other participants in the project to repay the commissions cost of retiring the state securities, including interest thereon, as the commission may determine.
Sec. 8. The legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act are for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of this constitution of the State of Nevada.
κ1991 Statutes of Nevada, Page 296 (CHAPTER 156, AB 394)κ
conferred by the second paragraph of section 3 of article 9 of this constitution of the State of Nevada.
Sec. 9. The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by this act do not affect, the powers conferred by any other law, general or special; and securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the State Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act control.
Sec. 10. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, the invalidity does not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 11. This act becomes effective upon passage and approval.
________
Assembly Bill No. 173Committee on Government Affairs
CHAPTER 157
AN ACT relating to water; declaring the policy of this state regarding the use of effluent; clarifying the authority of the state engineer to approve applications and issue permits for the appropriation of certain kinds of water; clarifying the procedure and criteria to be used by the Colorado River commission in acting upon certain applications; and providing other matters properly relating thereto.
[Approved May 10, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:
The legislature declares that it is the policy of this state to encourage and promote the use of effluent, where such use is not contrary to the public health, safety or welfare, and where such use does not interfere with federal obligations to deliver Colorado River water.
Sec. 2. NRS 533.372 is hereby amended to read as follows:
533.372 [1.] Based upon the public interest and the economic welfare of the State of Nevada, the state engineer may approve or disapprove any application of water to beneficial use or any application which contemplates a change in the place or beneficial use of water to a use involving the industrial purpose of generating energy to be exported out of this state.
[2. The state engineer shall not approve any application or issue any permit to appropriate the waters of the Colorado River held in trust by the Colorado River commission except after approval of the application by the commission. The commission and the state engineer may adopt such joint regulations as may be necessary for the purpose of carrying out the provisions of this subsection.]
κ1991 Statutes of Nevada, Page 297 (CHAPTER 157, AB 173)κ
Sec. 3. NRS 538.171 is hereby amended to read as follows:
538.171 1. The commission shall receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters of the Colorado River and to the power generated thereon held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise.
2. Applications [to appropriate such waters must be made in accordance with chapter 533 of NRS and are subject to approval by the commission as set forth in NRS 533.370 and 533.372.] for the original appropriation of such waters, or to change the place of diversion, manner of use or place of use of water covered by the original appropriation, must be made to the commission in accordance with the regulations of the commission. In considering such an application, the commission shall use the criteria set forth in subsection 3 of NRS 533.370. The commissions action on the application constitutes the recommendation of the State of Nevada to the United States for the purposes of any federal action on the matter required by law.
3. The commission shall furnish to the state engineer a copy of all agreements entered into by the commission concerning the original appropriation and use of such waters. It shall also furnish to the state engineer any other information it possesses relating to the use of water from the Colorado River which the state engineer deems necessary to allow him to act on applications for permits for the subsequent appropriation of these waters after they fall within the state engineers jurisdiction.
4. Notwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the waters described in subsection 1 by the commission or by any entity to whom the commission has leased, subleased, contracted, exchanged or sold the water is not subject to regulation by the state engineer.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 298κ
Assembly Bill No. 126Committee on Government Affairs
CHAPTER 158
AN ACT relating to local governmental finance; extending the period within which an impact fee must be used if the construction of the capital improvement or facility expansion is delayed by certain actions taken by the state or Federal Government; and providing other matters properly relating thereto.
[Approved May 10, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278B.260 is hereby amended to read as follows:
278B.260 1. The local government shall, upon the request of an owner of real property for which an impact fee has been collected, refund the impact fee and any interest and income earned on the impact fee by the local government, if:
(a) After collecting the fee the local government did not begin construction of the capital improvement or facility expansion for which the fee was collected within 5 years after collecting the fee; or
(b) The fee, or any portion thereof, was not spent for the purpose for which it was collected within 10 years after the date on which it was collected.
2. The local government shall, upon the completion of the capital improvement or facility expansion identified in the capital improvements plan or upon expenditure of fees collected from a development, recalculate the impact fee for that development by using the actual costs of the capital improvement or facility expansion or the actual costs of those capital improvements or facility expansions completed and engineering estimates of those capital improvements or facility expansions to be completed within the service area.
3. If the impact fee based on the cost or recalculated cost is less than the impact fee paid, the local government shall refund:
(a) The difference if the actual costs are known; or
(b) The difference if it exceeds the impact fee paid by more than 10 percent, if estimates are used,
and any interest and income earned by the local government on the amount of money refunded.
4. The local government shall refund any impact fee or part thereof, and any interest and income earned by the local government on the amount of money refunded, if it is not spent within 10 years [from] after the date of payment.
5. Each refund must be paid to the owner of the property on record at the time the refund is paid. If a local government paid the impact fee, the refund must be paid to that local government.
6. Any limitation of time established by this section is suspended for any period, not to exceed 1 year, during which this state or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the construction of the capital improvement or facility expansion for which an impact fee was collected.
κ1991 Statutes of Nevada, Page 299 (CHAPTER 158, AB 126)κ
which prohibits, stops or delays the construction of the capital improvement or facility expansion for which an impact fee was collected.
________
Assembly Bill No. 125Committee on Government Affairs
CHAPTER 159
AN ACT relating to planning; extending the period within which action must be taken on tentative and final maps and within which revenue from the residential construction tax must be used if certain progress is delayed by certain actions taken by the state or Federal Government; and providing other matters properly relating thereto.
[Approved May 10, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.350 is hereby amended to read as follows:
278.350 Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:
1. The time limit for acting and reporting on a tentative or final map may be extended by mutual consent of the subdivider and the governing body or planning commission, as the case may be.
2. If no action is taken within the time limits set forth in NRS 278.010 to 278.630, inclusive, a tentative map as filed shall be deemed to be approved, and the clerk of the governing body, or the planning commission if it has been authorized to act finally, shall certify the map as approved.
3. The time limits set forth in NRS 278.010 to 278.630, inclusive, for tentative and final maps are suspended for a period, not to exceed 1 year, during which this state or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the processing of a tentative map or the development, processing or recordation of a final map.
Sec. 2. NRS 278.4983 is hereby amended to read as follows:
278.4983 1. The city council of any city or the board of county commissioners of any county which has adopted a master plan and recreation plan, as provided in this chapter, which includes, as a part of the plan, future or present sites for neighborhood parks may, by ordinance, impose a residential construction tax pursuant to this section.
2. [The] If imposed, the residential construction tax [is] must be imposed on the privilege of constructing apartment houses and residential dwelling units and developing mobile home lots in the respective cities and counties. The rate of the tax must not exceed 1 percent of the valuation of each building permit issued, or $1,000 per residential dwelling unit or mobile home lot, whichever is less. For the purpose of the residential construction tax, the city council of the city or the board of county commissioners of the county shall adopt an ordinance basing the valuation of building permits on the actual costs of residential construction in the area.
κ1991 Statutes of Nevada, Page 300 (CHAPTER 159, AB 125)κ
3. The purpose of the tax is to raise revenue to enable the cities and counties to provide neighborhood parks and facilities for parks which are required by the residents of those apartment houses, mobile homes and residences.
4. An ordinance enacted pursuant to subsection 1 must establish the procedures for collecting the tax, set its rate, and determine the purposes for which the tax is to be used, subject to the restrictions and standards provided in this chapter. The ordinance must, without limiting the general powers conferred in this chapter, also include:
(a) Provisions for the creation, in accordance with the applicable master plan, of park districts which would serve neighborhoods within the city or county.
(b) A provision for collecting the tax at the time a building permit for the construction of any apartment houses, residential dwelling units or mobile home lots is issued.
5. All of the residential construction taxes collected pursuant to the provisions of this section and any ordinance enacted by a city council or board of county commissioners, and all interest accrued on the money, must be placed with the city treasurer or county treasurer in a special fund. Except as otherwise provided in subsection 6, the money in the fund may only be used for the acquisition, improvement and expansion of neighborhood parks or the installation of facilities in existing or neighborhood parks in the city or county. Money in the fund must be expended for the benefit of the neighborhood from which it was collected.
6. If a neighborhood park has not been developed or facilities have not been installed in an existing park in the park district created to serve the neighborhood in which the subdivision or development is located within 3 years after the date on which 75 percent of the residential dwelling units authorized within that subdivision or development first became occupied, all money paid by the subdivider or developer, together with interest at the rate at which the city or county has invested the money in the fund, must be refunded to the owners of the lots in the subdivision or development at the time of the reversion on a pro rata basis.
7. The limitation of time established pursuant to subsection 6 is suspended for any period, not to exceed 1 year, during which this state or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the development of a park or installation of facilities.
8. For the purposes of this section:
(a) Facilities means turf, trees, irrigation, playground apparatus, playing fields, play areas, picnic areas, horseshoe pits and other recreational equipment or appurtenances designed to serve the natural persons, families and small groups from the neighborhood from which the tax was collected.
(b) Neighborhood park means a site not exceeding 25 acres, designed to serve the recreational and outdoor needs of natural persons, families and small groups.
________
κ1991 Statutes of Nevada, Page 301κ
Assembly Bill No. 383Committee on Judiciary
CHAPTER 160
AN ACT relating to criminal procedure; allowing a defendant in certain circumstances to enter a conditional plea of guilty or nolo contendere; authorizing an attorney for a defendant to issue subpenas for specified witnesses under certain circumstances; making other procedural changes; and providing other matters properly relating thereto.
[Approved May 13, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 174.035 is hereby amended to read as follows:
174.035 1. A defendant may plead not guilty, guilty or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty, and shall not accept such plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and consequences of the plea.
2. With the consent of the court and the district attorney, a defendant may enter a conditional plea of guilty or nolo contendere, reserving in writing the right, on appeal from the judgment, to a review of the adverse determination of any specified pretrial motion. A defendant who prevails on appeal must be allowed to withdraw the plea.
3. The defendant may, in the alternative or in addition to any one of the pleas permitted by subsection 1, plead not guilty by reason of insanity. A defendant who has not so pleaded may offer the defense of insanity during trial upon good cause shown. Under such plea or defense, the burden of proof is upon the defendant to establish his insanity by a preponderance of the evidence.
[3.] 4. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
Sec. 2. NRS 174.087 is hereby amended to read as follows:
174.087 1. A defendant in a criminal case who intends to offer evidence of an alibi in his defense shall, not less than 10 days before trial or at such other time as the court may direct, file and serve upon the district attorney a written notice of his intention to claim [such alibi, which notice shall] the alibi. The notice must contain specific information as to the place at which the defendant claims to have been at the time of the alleged offense and, as particularly as are known to defendant or his attorney, the names and last known addresses of the witnesses by whom he proposes to establish [such] the alibi.
2. Not less than 10 days after receipt of the defendants [witness list,] list of witnesses, or at such other times as the court may direct, the district attorney shall file and serve upon the defendant the names and last known addresses, as particularly as are known to the district attorney, of the witnesses the state proposes to offer in rebuttal to discredit the defendants alibi at the trial of the cause.
κ1991 Statutes of Nevada, Page 302 (CHAPTER 160, AB 383)κ
3. Both the defendant and the district attorney [shall be under] have a continuing duty to disclose promptly the names and last known addresses of additional witnesses which come to the attention of either party [subsequent to] after filing their respective [witness lists as provided in this section.] lists.
4. If a defendant fails to file and serve a copy of [such notice as herein required,] the notice required by this section, the court may exclude evidence offered by [such defendant for the purpose of proving] the defendant to prove an alibi, except the testimony of the defendant himself. If [such] the notice is given by a defendant, the court may exclude the testimony of any witness offered by the defendant [for the purpose of proving] to prove an alibi if the name and last known address of [such] the witness, as particularly as is known to the defendant or his attorney, is not stated in [such] the notice.
5. If the district attorney fails to file and serve a copy on the defendant of a list of witnesses as [in this section provided,] required by this section, the court may exclude evidence offered by the state in rebuttal to the defendants [alibi evidence. If such notice is given] evidence of alibi. If the list is filed and served by the district attorney, the court may exclude the testimony of any witness offered by the district attorney for the purpose of rebutting the [defense] evidence of alibi if the name and last known address of [such] the witness, as particularly as is known to the district attorney, is not stated in [such] the notice. For good cause shown the court may waive the requirements of this section.
Sec. 3. NRS 174.315 is hereby amended to read as follows:
174.315 1. The district attorney may issue subpenas subscribed by him for [:
(a) Witnesses] witnesses within the state, in support of the prosecution or whom the grand jury may direct to appear before it, upon any investigation pending before the grand jury.
[(b)] The district attorney or the attorney for the defendant may issue subpenas subscribed by the issuer for:
(a) Witnesses within the state [, in support of an indictment, information or criminal complaint,] to appear before the court at which [it] an indictment, information or criminal complaint is to be tried.
[(c)] (b) Witnesses already subpenaed who are required to reappear in any justices court at any time the court is to reconvene in the same case within 60 days, and the time may be extended beyond 60 days upon good cause being shown for its extension.
2. Witnesses, whether within or without the state, may accept delivery of a subpena in lieu of service, by a written or oral promise to appear given by the witness. Any person who accepts an oral promise to appear shall:
(a) Identify himself to the witness by name and occupation;
(b) Make a written notation of the date when the oral promise to appear was given and the information given by the person making the oral promise to appear identifying him as the witness subpenaed; and
(c) Execute a certificate of service containing the information set forth in paragraphs (a) and (b).
3. The district attorney shall orally inform any witness subpenaed as provided in [paragraph (a) of] subsection 1 of the general nature of the grand jurys inquiry before the witness testifies.
κ1991 Statutes of Nevada, Page 303 (CHAPTER 160, AB 383)κ
jurys inquiry before the witness testifies. Such a statement must be included in the transcript of the proceedings.
Sec. 4. NRS 178.478 is hereby amended to read as follows:
178.478 1. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof [shall] must be served not later than 5 days before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application.
2. When a motion is supported by affidavit, the affidavit [shall] must be served with the motion; and opposing affidavits may be served not less than 1 day before the hearing unless the court permits them to be served at a later time.
3. A certificate of service must accompany each motion filed.
Sec. 5. NRS 178.499 is hereby amended to read as follows:
178.499 1. At any time after a district or justices court has ordered bail to be set at a specific amount, and before acquittal or conviction, the court may upon its own motion or upon motion of the district attorney and after notice to the [defendant or to his counsel,] defendants attorney of record or, if none, to the defendant, increase the amount of bail for good cause shown.
2. If the defendant has been released on bail [prior to] before the time when the motion to increase bail is granted, the defendant shall either return to custody or give the additional amount of bail.
Sec. 6. NRS 178.528 is hereby amended to read as follows:
178.528 When money has been deposited, if it remains on deposit at the time of a judgment for the payment of a fine, the court, or the clerk under the direction of the court, shall apply the money in satisfaction thereof, and after satisfying the fine and costs shall refund the surplus, if any, to the [defendant.] person who deposited the bail, unless that person has directed, in writing, that any surplus be refunded to another.
Sec. 7. NRS 179.245 is hereby amended to read as follows:
179.245 1. [A] Except as other times and procedures are provided in NRS 453.3365, a person who has been convicted of:
(a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;
(b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;
(c) A violation of NRS 484.379 other than a felony may, after 7 years from the date of his conviction or release from custody; or
(d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,
petition the court in which the conviction was obtained for the sealing of all records relating to the conviction.
2. The court shall notify the district attorney of the county in which the conviction was obtained, and the district attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
3. If after the hearing the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
κ1991 Statutes of Nevada, Page 304 (CHAPTER 160, AB 383)κ
conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
Sec. 8. NRS 179.275 is hereby amended to read as follows:
179.275 Where the court orders the sealing of [any] a record pursuant to NRS 179.245 [or 179.255,] , 179.255 or 453.3365, a copy of the order [shall] must be sent to each public or private company, agency or official named in the order, and [such organization or individual] that person shall seal the records in [its] his custody which relate to the matters contained in the order, shall advise the court of [its] his compliance, and shall then seal the order.
Sec. 9. NRS 179.285 is hereby amended to read as follows:
179.285 Except as otherwise provided in NRS 179.301, if the court orders [the records] a record sealed pursuant to NRS 179.245 [or 179.255,] , 179.255 or 453.3365, all proceedings recounted in the record are deemed never to have occurred, and [such] the person to whom it pertains may properly answer accordingly to any inquiry concerning the arrest, conviction or acquittal and the events and proceedings relating to the arrest, conviction or acquittal.
Sec. 10. NRS 179.295 is hereby amended to read as follows:
179.295 1. The person who is the subject of the records which are sealed pursuant to NRS 179.245 , [or] 179.255 or 453.3365 may petition the district court to permit inspection of the records by a person named in the petition, and the district court may order such inspection. Except as otherwise provided in subsection 2 and NRS 179.301, the court may not order the inspection of the records under any other circumstances.
2. Where a person has been arrested and the charges dismissed and the records of the arrest have been sealed, the court may order the inspection of the record by the district attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that he will stand trial for the offense.
3. The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
Sec. 11. NRS 62.080 is hereby amended to read as follows:
62.080 If a child 16 years of age or older is charged with an offense which would be a felony if committed by an adult, the juvenile division of the district court, after full investigation, may in its discretion retain jurisdiction or certify the child for proper criminal proceedings to any court which would have [trial jurisdiction of such] jurisdiction to try the offense if committed by an adult , [;] but no child [under 16 years of age] may be so certified [.] unless he was 16 years of age or older at the time he allegedly committed the offense charged.
κ1991 Statutes of Nevada, Page 305 (CHAPTER 160, AB 383)κ
offense charged. After such a child has been certified for proper criminal proceedings and his case has been transferred out of the juvenile division, original jurisdiction of the person rests with the court to which the child has been certified and the child may thereafter petition for transfer back to the juvenile division only upon a showing of exceptional circumstances.
________
Assembly Bill No. 315Committee on Judiciary
CHAPTER 161
AN ACT relating to prisoners; authorizing the imposition of an administrative fee upon those serving intermittent sentences; and providing other matters properly relating thereto.
[Approved May 16, 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 board of county commissioners or the governing body of an incorporated city may collect an administrative fee from each prisoner, sentenced to confinement in a county or city jail or detention center, including a prisoner sentenced as a condition of probation, whose sentence is served intermittently on days other than his regular days of employment. The amount of the fee must be set at $25 for each day served. A prisoner serving such a sentence shall pay toward the fee according to his ability to pay.
2. The court, if it grants the application of a defendant to serve his sentence intermittently, shall:
(a) Establish the conditions of the intermittent sentence; and
(b) Direct whether the fee is to be paid weekly or monthly. In either case, the fee must be paid for each period until the sentence has been served.
3. Fees received pursuant to this section must be deposited in the county or city treasury for disposition according to the ordinance establishing them.
4. If a prisoner fails to pay the fee, the board of county commissioners or governing body of the incorporated city may apply to the court for judgment for the arrears and the amount to accrue. The judgment may be enforced by execution but not as contempt of court.
5. During the pendency of such a judgment, the defendant may petition the court to modify or vacate it on the ground that his ability to pay has changed. The court shall so inform the defendant when the judgment is rendered.
________
κ1991 Statutes of Nevada, Page 306κ
Assembly Bill No. 318Committee on Judiciary
CHAPTER 162
AN ACT relating to prisoners; authorizing the voluntary exchange of labor upon public works for physical confinement; providing for limitations and conditions of the exchange; providing a penalty; and providing other matters properly relating thereto.
[Approved May 16, 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 6, inclusive, of this act.
Sec. 2. As used in NRS 211.120 to 211.170, inclusive, and sections 3 to 6, inclusive, of this act, public works means the renovation, repair or cleaning of any street, drainage facility, road, sidewalk, public square, park or building, or cutting away hills, grading, putting in sewers or other work, which is authorized to be done by and for the use of any of the counties, cities or towns, and the expense of which is not to be borne exclusively by persons or property particularly benefited thereby. The term does not include any project to which the provisions of NRS 338.020 apply.
Sec. 3. 1. The sheriff or chief of police of the municipality shall prescribe criteria of eligibility for the exchange of labor for confinement. A prisoner is not eligible for another or continued exchange if he has previously failed to perform satisfactorily labor as assigned or to comply with regulations governing assigned labor.
2. The sheriff or chief of police shall adopt reasonable regulations for the performance of assigned labor.
Sec. 4. 1. A prisoner who voluntarily exchanges labor for confinement shall give his promise to appear for work by signing a notice to appear before the sheriff or chief of police of the municipality at a time and place specified in the notice. The signed notice must be retained by the sheriff or chief of police and a copy given to the prisoner.
2. A prisoner who willfully violates his promise to appear is guilty of a misdemeanor.
Sec. 5. The board of county commissioners or the governing body of a city may establish an administrative fee for participation in the program of voluntary exchange. Any such fee must be reasonably sufficient in the aggregate to cover the costs of administering the program, but a prisoner may be required to pay toward it only to the extent of his ability to pay.
Sec. 6. If a prisoner violates a regulation governing his conduct or his performance of assigned labor, under circumstances not constituting a public offense, the sheriff or chief of police of the municipality may return him to physical confinement.
Sec. 7. NRS 211.130 is hereby amended to read as follows:
211.130 [All]
1. Except as otherwise provided in subsection 2, all prisoners sentenced by the judge of any district court, or by the justice of the peace of any justices court, and sentenced to a term of imprisonment in any county, city or town jail or detention facility shall be deemed to have been also sentenced to labor during such term, unless the judge or justice of the peace sentencing the prisoner, for good cause, orders otherwise.
κ1991 Statutes of Nevada, Page 307 (CHAPTER 162, AB 318)κ
to labor during such term, unless the judge or justice of the peace sentencing the prisoner, for good cause, orders otherwise.
2. A board of county commissioners or the governing body of a city may authorize the sheriff or chief of police of the municipality to establish a program pursuant to sections 3 to 6, inclusive, of this act for the voluntary exchange by a prisoner sentenced to confinement in a jail or detention facility of 10 hours of labor on public works for 1 day of physical confinement, unless the sentencing court has otherwise ordered in a particular case or has restricted the prisoners eligibility.
Sec. 8. NRS 211.140 is hereby amended to read as follows:
211.140 1. The sheriff of each county has charge and control over all prisoners committed to his care in the respective county jails, and the chiefs of police and town marshals in the several cities and towns throughout this state have charge and control over all prisoners committed to their respective city and town jails and detention facilities.
2. The sheriffs, chiefs of police and town marshals shall see that the prisoners under their care are kept at labor for reasonable amounts of time within the jail or detention facility, on public works in the county, city or town, or as part of a program of release for work established pursuant to NRS 211.120 [.
3. Public works as used in NRS 211.120 to 211.170, inclusive, means the construction, repair, or cleaning of any street, road, sidewalk, public square, park or building, or cutting away hills, grading, putting in sewers or other work whatever, which is or may be authorized to be done by and for the use of any of the counties, cities or towns, and the expense of which is not to be borne exclusively by persons or property particularly benefited thereby.
4.] or sections 3 to 6, inclusive, of this act.
3. The sheriff, chief of police or town marshal shall arrange for the administration of medical care required by prisoners committed to his custody. The county, city or town shall pay the cost of appropriate medical:
(a) Treatment for injuries incurred by a prisoner while he is in custody and for injuries incurred during his arrest for commission of a public offense if he is not convicted of that offense;
(b) Treatment for any infectious, contagious or communicable disease which the prisoner contracts while he is in custody; and
(c) Examinations required by law or by court order unless the order otherwise provides.
[5.] 4. A prisoner shall pay the cost of medical treatment for:
(a) Injuries incurred by the prisoner during his commission of a public offense or for injuries incurred during his arrest for commission of a public offense if he is convicted of that offense;
(b) Injuries or illnesses which existed before the prisoner was taken into custody;
(c) Self-inflicted injuries; and
(d) Except treatment provided pursuant to subsection 4, any other injury or illness incurred by the prisoner.
[6.] 5. A medical facility furnishing treatment pursuant to subsection 5 shall attempt to collect the cost of the treatment from the prisoner or his insurance carrier. If the facility is unable to collect the cost and certifies to the appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.
κ1991 Statutes of Nevada, Page 308 (CHAPTER 162, AB 318)κ
appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.
Sec. 9. 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,] Assembly Bill No. 314 of this session, 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 [.] or to sections 3 to 6, inclusive, of this act. 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. 10. 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;
(c) Intentionally disobeys a rule of the jail [;] or fails to return from assigned work within an allotted time; or
(d) Intentionally disobeys a rule or individual condition established pursuant to section 6 of [this act,] 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.
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.
κ1991 Statutes of Nevada, Page 309 (CHAPTER 162, AB 318)κ
Sec. 11. 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;
(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;
(c) Intentionally disobeys a rule of the facility [;] or fails to return from assigned work within an alloted time; 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 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. 12. 1. Section 9 of this act becomes effective at 12:01 a.m. on October 1, 1991.
κ1991 Statutes of Nevada, Page 310 (CHAPTER 162, AB 318)κ
2. Sections 10 and 11 of this act become effective at 12:02 a.m. on October 1, 1991.
________
Assembly Bill No. 439Committee on Ways and Means
CHAPTER 163
AN ACT making an appropriation to the state board of examiners to restore the balance of certain funds; and providing other matters properly relating thereto.
[Approved May 16, 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 state board of examiners the sum of $1,982,015 to be allocated as follows:
1. To the emergency fund created pursuant to NRS 353.263 the sum of $213,175 to restore the funds balance to $400,000.
2. To the stale claims account created pursuant to NRS 353.097 the sum of $864,646 to restore the funds balance to $900,000.
3. To the reserve for statutory contingency fund created pursuant to NRS 353.264 the sum of $904,194 to restore the funds balance to $1,000,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 390Senator Jacobsen
CHAPTER 164
AN ACT relating to protection from fire; applying the requirement that fire retardant roofing materials be used in areas designated as fire hazardous to buildings within the boundaries or jurisdiction of an agency established by an interstate compact and approved by Congress; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 472.100 is hereby amended to read as follows:
472.100 1. A residential or commercial building [shall] must not be constructed, altered, changed or repaired in any area designated by the state forester firewarden as fire hazardous if [such construction utilizes] the construction uses roofing materials other than fire retardant roofing materials meeting the standards set by the state forester firewarden pursuant to NRS 472.040.
2. The state forester firewarden shall notify the governing body of each city or county in which a building code is in effect as soon as standards for fire retardant roofing materials have been established pursuant to paragraph (e) of subsection 1 of NRS 472.040 [Such] The governing body [shall be] is responsible for the enforcement of the provisions of subsection 1 of this section within the areas over which it exercises jurisdiction.
κ1991 Statutes of Nevada, Page 311 (CHAPTER 164, SB 390)κ
fire retardant roofing materials have been established pursuant to paragraph (e) of subsection 1 of NRS 472.040 [Such] The governing body [shall be] is responsible for the enforcement of the provisions of subsection 1 of this section within the areas over which it exercises jurisdiction. No building permit may be issued for construction within the jurisdiction of any such governing body in violation of subsection 1 of this section.
3. The state forester firewarden is responsible for the enforcement of the provisions of subsection 1 in all areas of the state in which there is no building code in effect.
4. [This section shall not apply to buildings within the boundaries or jurisdiction of an agency or other governmental body established by an interstate compact approved by the Congress of the United States.
5.] Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
________
Assembly Bill No. 474Select Committee on Corrections
CHAPTER 165
AN ACT relating to parole; allowing the placement of parolees in residential confinement in certain circumstances; establishing the standards for such confinement; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The chief parole and probation officer may, in accordance with the provisions of sections 3, 4 and 5 of this act, order any parolee who is arrested pursuant to NRS 213.151 to be placed in residential confinement in lieu of detention in a county jail pending an inquiry to determine whether there is probable cause to believe that the parolee has committed any act which would constitute a violation of his parole.
Sec. 3. 1. The chief parole and probation officer may order the residential confinement of a parolee if he believes that the parolee poses no danger to the community and will appear at a scheduled inquiry or hearing.
2. In ordering the residential confinement of a parolee, the chief parole and probation officer 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 to determine whether he is complying with the terms of his confinement.
κ1991 Statutes of Nevada, Page 312 (CHAPTER 165, AB 474)κ
3. An electronic device approved by the department of parole and probation may be used to supervise a parolee who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the parolees presence at his residence, including the transmission of still visual images which do not concern the parolees activities while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the parolees activities while inside his residence,
must not be used.
4. The chief parole and probation officer shall not order a parolee to be placed in residential confinement unless the parolee agrees to the order.
5. Any residential confinement must not extend beyond the unexpired term of the parolees original sentence.
Sec. 4. 1. In ordering a parolee to be placed in residential confinement, the chief parole and probation officer may establish the terms and conditions of that confinement.
2. The chief parole and probation officer may, at any time, modify the terms and conditions of the residential confinement.
3. The chief parole and probation officer shall cause a copy of his order to be delivered to the parolee.
Sec. 5. 1. The chief parole and probation officer may terminate the residential confinement of a parolee and order the detention of the parolee in a county jail pending an inquiry or hearing if:
(a) The parolee violates the terms or conditions of his residential confinement; or
(b) The chief parole and probation officer, in his discretion, determines that the parolee poses a danger to the community or that there is a reasonable doubt that the parolee will appear at the inquiry or hearing.
2. A parolee has no right to dispute a decision to terminate his residential confinement.
Sec. 6. NRS 213.10989 is hereby amended to read as follows:
213.10989 The legislature finds and declares that the release or continuation of a person on parole or probation is an act of grace of the state. No person has a right to parole or probation, or to be placed in residential confinement, and it is not intended that the establishment of standards relating thereto create any such right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 7. NRS 213.151 is hereby amended to read as follows:
213.151 1. The boards written order, certified to by the chief parole and probation officer, is sufficient warrant for any parole and probation officer or other peace officer to arrest any conditionally released or paroled prisoner.
2. Every sheriff, constable, chief of police, prison officer or other peace officer shall execute any such order in like manner as ordinary criminal process.
κ1991 Statutes of Nevada, Page 313 (CHAPTER 165, AB 474)κ
3. Any parole and probation officer or any peace officer with power to arrest may arrest a parolee without a warrant if there is probable cause to believe that he has committed acts that would constitute a violation of his parole.
4. Except as otherwise provided in subsection 5, after arresting a paroled prisoner for violation of a condition of his parole and placing him in detention [,] or, pursuant to section 2 of this act, in residential confinement, the arresting officer shall:
(a) Present to the detaining authorities , if any, a statement of the charges against the parolee [.] ; and
(b) Notify the board of the arrest and detention or residential confinement of the parolee and submit a written report showing in what manner the parolee violated a condition of his parole.
5. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of parole if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of parole.
Sec. 8. NRS 213.1517 is hereby amended to read as follows:
213.1517 1. Where the inquiring officer has determined that there is probable cause for a hearing by the board, the chief parole and probation officer may, after consideration of the case and pending the next meeting of the board:
(a) Release the arrested parolee again upon parole; [or]
(b) Order the parolee to be placed in residential confinement in accordance with the provisions of sections 3, 4 and 5 of this act; or
(c) Suspend his parole and return him to confinement.
2. The chief parole and probation officer shall take whichever action under subsection 1 he deems appropriate within:
(a) Fifteen days if the prisoner was paroled by the board.
(b) Thirty days if the prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.
3. If a determination has been made that probable cause exists for revocation of the parole of a paroled prisoner, the board shall consider the prisoners case within 60 days after his return to the custody of the department of prisons [.] or his placement in residential confinement pursuant to subsection 1.
________
κ1991 Statutes of Nevada, Page 314κ
Assembly Bill No. 473Select Committee on Corrections
CHAPTER 166
AN ACT relating to probation; allowing the placement of probationers in residential confinement in certain circumstances; establishing the standards for such confinement; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The chief parole and probation officer may, in accordance with the provisions of sections 3, 4 and 5 of this act, order any probationer who is arrested pursuant to NRS 176.215 to be placed in residential confinement in lieu of detention in a county jail pending an inquiry to determine whether there is probable cause to believe that the probationer has committed any act which would constitute a violation of a condition of his probation.
Sec. 3. 1. The chief parole and probation officer may order the residential confinement of a probationer if he believes that the probationer poses no danger to the community and will appear at a scheduled inquiry or court hearing.
2. In ordering the residential confinement of a probationer, the chief parole and probation officer shall:
(a) Require the probationer 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 probationer, including unannounced visits to his residence or other locations where he is expected to be 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 probationer who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationers presence at his residence, including the transmission of still visual images which do not concern the probationers activities while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the probationers activities while inside his residence,
must not be used.
4. The chief parole and probation officer shall not order a probationer to be placed in residential confinement unless the probationer agrees to the order.
5. Any residential confinement must not extend beyond the unexpired term of the probationers original sentence.
Sec. 4. 1. In ordering a probationer to be placed in residential confinement, the chief parole and probation officer may establish the terms and conditions of that confinement.
κ1991 Statutes of Nevada, Page 315 (CHAPTER 166, AB 473)κ
2. The chief parole and probation officer may, at any time, modify the terms and conditions of the residential confinement.
3. The chief parole and probation officer shall cause a copy of his order to be delivered to the probationer.
Sec. 5. 1. The chief parole and probation officer may terminate the residential confinement of a probationer and order the detention of the probationer in a county jail pending an inquiry or court hearing if:
(a) The probationer violates the terms or conditions of his residential confinement; or
(b) The chief parole and probation officer, in his discretion, determines that the probationer poses a danger to the community or that there is a reasonable doubt that the probationer will appear at the inquiry or hearing.
2. A probationer has no right to dispute a decision to terminate his residential confinement.
Sec. 6. NRS 176.215 is hereby amended to read as follows:
176.215 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:
(a) Three years for a:
(1) Gross misdemeanor; or
(2) Suspension of sentence pursuant to subsection 5 of NRS 453.336; or
(b) Five years for a felony, except that for a felony involving a violation of the provisions of NRS 484.3795 the period must not be more than 10 years.
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is canceled or probation is reinstated, the court may include any amount of that time as part of the period of probation.
3. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 4, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities , if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
4. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.
κ1991 Statutes of Nevada, Page 316 (CHAPTER 166, AB 473)κ
Sec. 7. NRS 176.218 is hereby amended to read as follows:
176.218 1. Upon completion of the inquiry, the inquiring officer shall:
(a) Make a written summary of what occurred at the inquiry, noting the substance of the evidence given to support a revocation of the probation and the probationers position and responses.
(b) Determine whether there is probable cause to hold the probationer for a court hearing on revocation.
2. If the inquiring officer determines that there is probable cause [, his] :
(a) His determination is sufficient to warrant the continued detention of the probationer pending the courts hearing [.] ; or
(b) The chief parole and probation officer may order the probationer to be placed in residential confinement in accordance with the provisions of sections 3, 4 and 5 of this act.
Sec. 8. NRS 213.10989 is hereby amended to read as follows:
213.10989 The legislature finds and declares that the release or continuation of a person on parole or probation is an act of grace of the state. No person has a right to parole or probation, or to be placed in residential confinement, and it is not intended that the establishment of standards relating thereto create any such right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
________
Assembly Bill No. 88Committee on Transportation
CHAPTER 167
AN ACT relating to motor vehicles; authorizing the issuance of special license plates for vehicles used by certain educational institutions in courses of instruction in automotive repair; and providing other matters properly relating thereto.
[Approved May 16, 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 educational institution may operate on the highways of this state an unregistered motor vehicle otherwise required to be registered pursuant to this chapter if there is displayed on the vehicle a special license plate assigned to the educational institution pursuant to subsection 2. Such operation is strictly limited to movement of the vehicle:
(a) From one educational institution to another educational institution;
(b) From the educational institution to an established place of business which specializes in particular automotive repairs; and
(c) Which is necessary to test the vehicle under practical operating conditions on the road.
2. Upon application by an educational institution, submission of such evidence of qualification as is determined necessary by the director and payment of the applicable fee, the department shall assign to the educational institution one or more sets of special license plates for use on educational vehicles.
κ1991 Statutes of Nevada, Page 317 (CHAPTER 167, AB 88)κ
payment of the applicable fee, the department shall assign to the educational institution one or more sets of special license plates for use on educational vehicles. The department shall charge and collect a fee of $5 for each set of special license plates issued pursuant to this section. The plates are valid for 1 year. The fee for renewal is $5.
3. Any unauthorized use of special license plates issued pursuant to this section is cause for the department to revoke all sets of such plates issued to the educational institution. Unauthorized use of the plates includes:
(a) Display on a vehicle which is not an educational vehicle; and
(b) Movement of an educational vehicle in any manner not authorized in subsection 1.
4. Each special plate issued pursuant to this section must have displayed upon it suitable characters, as determined by the department, to identify the vehicle as an educational vehicle. The special plates may be used interchangeably on educational vehicles by the educational institution to which the plates were issued.
5. As used in this section:
(a) Educational institution means:
(1) A public school as that term is defined in NRS 385.007; or
(2) A college or university within the University of Nevada System,
which offers a course of instruction in automotive repair and owns or controls an educational vehicle.
(b) Educational vehicle means any motor vehicle which is owned or controlled by an educational institution and used exclusively for the purposes of a course of instruction in automotive repair. The term does not include any motor vehicle:
(1) Used by the educational institution for any purpose not directly related to a course of instruction in automotive repair.
(2) Owned by a pupil, student or employee of the educational institution.
________
κ1991 Statutes of Nevada, Page 318κ
Senate Bill No. 274Committee on Commerce and Labor
CHAPTER 168
AN ACT relating to nursing; eliminating the requirement that the meeting for annual elections of officers of the state board of nursing be held in June; making various changes to the provisions governing applicants for certificates to practice as nursing assistants; authorizing the issuance of a temporary certificate to practice as a nursing assistant; increasing the biennial fee for renewal of a license to practice nursing; prohibiting students or graduates of schools of nursing from working as nursing assistants without certification; revising the time period before the disciplinary hearing must be held; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 632.060 is hereby amended to read as follows:
632.060 1. [At the] Each year at a meeting of the board , to be held in [June of each year,] accordance with NRS 632.070, the board shall elect from its members a president, a vice president and a secretary.
2. The board may appoint an executive director who need not be a member of the board. The executive director appointed by the board must be a professional nurse licensed to practice nursing in the State of Nevada. The executive director shall perform such duties as the board may direct and is entitled to receive compensation as set by the board. The executive director is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.
Sec. 2. NRS 632.285 is hereby amended to read as follows:
632.285 1. Any person, except a nursing assistant trainee, who for compensation practices or offers to practice as a nursing assistant in this state is required to submit evidence that he is qualified so to practice and must be certified as provided in this chapter.
2. It is unlawful for any person:
(a) To practice or to offer to practice as a nursing assistant in this state or to use any title, abbreviation, sign, card or device to indicate that he is practicing as a nursing assistant in this state unless he has been certified pursuant to the provisions of this chapter.
(b) Who does not hold a certificate authorizing him to practice as a nursing assistant issued pursuant to the provisions of this chapter to perform or offer to perform basic nursing services in this state, unless the person is a nursing assistant trainee.
(c) To be employed as a nursing assistant trainee for more than 4 months . [unless he has successfully completed a training program and is awaiting the results of a certification examination.]
Sec. 3. NRS 632.2852 is hereby amended to read as follows:
632.2852 1. An applicant for a certificate to practice as a nursing assistant must submit to the board written evidence under oath that he:
(a) Is of good moral character;
(b) Is in good physical and mental health;
κ1991 Statutes of Nevada, Page 319 (CHAPTER 168, SB 274)κ
(c) Is at least 16 years of age; and
(d) Meets such other reasonable requirements as the board prescribes.
2. An applicant may be certified by examination if he:
(a) Submits a completed written application and the fee required by this chapter;
(b) Completes a training program approved by the board and supplies a certificate of completion from the program;
(c) Passes the certification examination approved by the board; and
(d) Has not committed any acts which would be grounds for disciplinary action if committed by a nursing assistant, unless the board determines that sufficient restitution has been made or the act was not substantially related to nursing.
3. An applicant who is licensed or certified as a nursing assistant in another state may be certified by endorsement if he:
(a) Submits a completed written application and the fee required by this chapter;
(b) Submits proof of successful completion of a training program approved by the appropriate agency of another state;
(c) Has passed a certification examination approved by the board to be equivalent to the examination required in this state; and
(d) Has not committed any acts which would be grounds for disciplinary action if committed by a nursing assistant, unless the board determines that sufficient restitution has been made or the act was not substantially related to nursing . [; and
(e) Submits documentation of employment as a nursing assistant for the 2 years preceding the date of the application.]
4. The board shall issue a certificate to practice as a nursing assistant to each applicant who meets the requirements of this section.
Sec. 4. NRS 632.2856 is hereby amended to read as follows:
632.2856 1. The training program required for certification as a nursing assistant must consist of 75 hours of instruction. The program must include no less than 60 hours of theory and learning skills in a laboratory setting. [The program must be completed within 3 months after the nursing assistant trainee begins employment.]
2. Except as otherwise provided in this subsection, the instructor of the program must be a registered nurse with:
(a) Three years of nursing experience which includes direct care of patients and supervision and education of members of the staff; and
(b) Proof of successful completion of training for instructors which has been approved by the board.
The board may approve a licensed practical nurse as an instructor if the board determines that requiring instruction by a registered nurse would create a hardship.
3. Upon completion of the program, a nursing assistant trainee must pass a test in theory with an overall score of 80 percent and a test of skills on a pass or fail basis. The test of skills must be given by a registered nurse. If the nursing assistant trainee fails either of the tests, he must repeat the training in the areas in which he was deficient before taking the certification examination.
κ1991 Statutes of Nevada, Page 320 (CHAPTER 168, SB 274)κ
4. In a program which is based in a facility, a nursing assistant trainee may only perform those tasks he has successfully completed in the training program, and must perform those tasks under the direct supervision of a registered nurse or a licensed practical nurse.
5. The board shall adopt regulations not inconsistent with law:
(a) Specifying the scope of the training program and the required components of the program;
(b) Establishing standards for the approval of programs and instructors; and
(c) Designating the basic nursing services which a nursing assistant may provide upon certification.
6. Any medical facility, educational institution or other organization may provide a training program if the program meets the requirements set forth in this chapter and in the regulations of the board, and is approved by the board. Such a program must be administered through:
(a) The University of Nevada System;
(b) A program for occupational education approved by the state board for occupational education;
(c) A public school in this state; or
(d) Any other nationally recognized body or agency authorized by law to accredit or approve such programs.
Sec. 5. NRS 632.2858 is hereby amended to read as follows:
632.2858 1. The board shall authorize the administration of the examination of applicants for certification as nursing assistants.
2. The board may employ, contract with or cooperate with any person in the preparation, administration and grading of a uniform national examination, but shall retain sole discretion and responsibility for determining the standards of successful completion of the examination.
3. The board shall determine whether an examination may be repeated and the frequency of authorized re-examinations.
4. If an applicant fails the examination [twice,] three times, he must repeat the training program prescribed in NRS 632.2856.
Sec. 6. NRS 632.300 is hereby amended to read as follows:
632.300 1. Upon application and payment of the required fee, the board may without examination grant a [temporary] :
(a) Temporary license to practice professional nursing or practical nursing ; or
(b) Temporary certificate to practice as a nursing assistant,
to a person whose corresponding license or certificate from another jurisdiction is in good standing.
2. Only one temporary license or certificate may be issued pursuant to this section to any one person during any 12-month period.
Sec. 7. NRS 632.340 is hereby amended to read as follows:
632.340 None of the provisions of NRS 632.130 or 632.260 may be construed as prohibiting:
1. Gratuitous nursing by friends or by members of the family of a patient.
2. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.
κ1991 Statutes of Nevada, Page 321 (CHAPTER 168, SB 274)κ
3. Nursing assistance in the case of an emergency.
4. The practice of nursing by students enrolled in accredited schools of professional or practical nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following graduation. A student or graduate may not work as a nursing assistant unless he is certified to practice as a nursing assistant pursuant to the provisions of this chapter.
5. The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed 6 months in length, provided the person does not represent or hold himself out as a nurse licensed to practice in this state.
6. The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division or agency thereof, while in the discharge of his official duties in this state.
7. Nonmedical nursing for the care of this sick, with or without compensation, when done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, so long as such nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018, respectively.
Sec. 8. NRS 632.345 is hereby amended to read as follows:
632.345 1. The board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:
Not less Not more
than than
Application for license to practice professional nursing (registered nurse) ........................................ $45 $100
Application for license to practice practical nursing 30.................................................................... 90
Application for temporary license to practice professional nursing or practical nursing pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license .................................................................... 15 30
Application for a certificate as a nursing assistant 5.................................................................... 15
Application for temporary certificate to practice as a nursing assistant pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular certificate, if the applicant applies for a certificate 5.................................................................... 40
Biennial fee for renewal of a license ................ [15] 40 [50] 100
Biennial fee for renewal of a certificate .......... 10 20
Fee for reinstatement of a license .................... 10 100
Application for recognition as an advanced practitioner of nursing ......................................................... 50 200 Application for recognition as a certified registered nurse anesthetist ...... 50 200
κ1991 Statutes of Nevada, Page 322 (CHAPTER 168, SB 274)κ
Application for recognition as a certified registered nurse anesthetist ................................................... 50 200
Biennial fee for renewal of recognition as an advanced practitioner of nursing or certified registered nurse anesthetist ................................................... 50 200
Examination fee for license to practice professional nursing .................................................................... 20 100
Examination fee for license to practice practical nursing .................................................................... 10 90
Rewriting examination for license to practice professional nursing ......................................................... 20 100
Rewriting examination for license to practice practical nursing ......................................................................... 10 90
Duplicate license .................................................. 5 30
Duplicate certificate ............................................ 3 5
Proctoring examination for candidate from another state .................................................................... 25 150
Fee for approving one course of continuing education 10.................................................................... 50
Fee for reviewing one course of continuing education which has been changed since approval ........... 5 30
Annual fee for approval of all courses of continuing education offered ......................................................... 100 500
Annual fee for review of training program ..... 25 60
Certification examination ................................. 10 90
Approval of instructors of training programs . 20 50
Approval of proctors for certification examinations 20.................................................................... 50
Approval of training programs ......................... 50 150
Validation of licensure or certification ............ 5 25
2. The board may collect the fees and charges established pursuant to this section, and those fees or charges may not be refunded.
Sec. 9. NRS 632.350 is hereby amended to read as follows:
632.350 1. Before suspending or revoking any license or certificate or taking other disciplinary action against a licensee or holder of a certificate, the board shall notify the licensee or holder of the certificate in writing of the charges against him, accompanying the notice with a copy of the complaint, if any is filed.
2. Written notice may be served by delivery of it personally to the licensee or holder of the certificate, or by mailing it by registered or certified mail to his last known residential address.
3. If the licensee or holder of the certificate [desires,] submits a written request, the board shall [:
(a) Grant a hearing upon the charges, which hearing must be held not less than 10 days after notice in writing to the licensee or holder of the certificate nor more than 30 days after the filing of any complaint; and
(b) Furnish] furnish the licensee or holder of the certificate [, at the time of giving the notice,] with copies of any communications, reports and affidavits in possession of the board, touching upon or relating to the matter in question.
κ1991 Statutes of Nevada, Page 323 (CHAPTER 168, SB 274)κ
in possession of the board, touching upon or relating to the matter in question.
4. [The hearing on the charges may be held by] As soon as practicable after the filing of a complaint or, if no complaint is filed, after notice of the charges is given to a licensee or holder of a certificate, the board, or a majority thereof, shall hold a hearing on the charges at such time and place as the board prescribes. The hearing must be held, if the licensee or holder of the certificate desires, within the county where he resides.
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Senate Bill No. 142Committee on Commerce and Labor
CHAPTER 169
AN ACT relating to professional corporations; authorizing the organization of such a corporation to render service related to medicine and osteopathy; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 89.040 is hereby amended to read as follows:
89.040 1. One or more persons [, each of whom is authorized to perform the same professional service,] may organize a professional corporation in the manner provided for organizing a private corporation [under] pursuant to chapter 78 of NRS. If more than one person organizes such a corporation, each of the persons organizing the corporation must, except as otherwise provided in subsection 2 of NRS 89.050, be authorized to perform the same professional service. The articles of incorporation must contain the following additional information:
(a) The profession to be practiced by means of the professional corporation.
(b) The names and residential addresses of the original stockholders and directors of the professional corporation.
(c) A certificate from the regulating board of the profession to be practiced showing that each of the stockholders and directors is [duly] licensed to practice the profession.
2. The corporate name of a professional corporation must contain the words Professional Corporation or the abbreviation Prof. Corp., or the word Chartered or Limited or the abbreviation Ltd. The corporate name must contain the last name of one or more of its stockholders. The corporation may render professional services and exercise its authorized powers under a fictitious name if the corporation has first registered the name in the manner required [under] by chapter 602 of NRS.
Sec. 2. NRS 89.050 is hereby amended to read as follows:
89.050 1. Except as otherwise provided in subsection 2, a professional corporation may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its funds in any form of real property, securities or any other type of investment.
κ1991 Statutes of Nevada, Page 324 (CHAPTER 169, SB 142)κ
type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its funds in any form of real property, securities or any other type of investment.
2. A professional corporation may be organized to render professional service relating to [architecture,] :
(a) Architecture, engineering and landscape architecture, or any combination thereof, and may be composed of persons engaged in the practice of architecture as provided in chapter 623 of NRS, persons engaged in the practice of landscape architecture as provided in chapter 623A of NRS and persons engaged in the practice of professional engineering as provided in chapter 625 of NRS.
(b) Medicine and osteopathy, and may be composed of persons engaged in the practice of medicine as provided in chapter 630 of NRS and persons engaged in the practice of osteopathic medicine as provided in chapter 633 of NRS.
3. A professional corporation may render professional service only through its officers and employees, all of whom must be authorized to render that professional service.
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Senate Bill No. 65Committee on Judiciary
CHAPTER 170
AN ACT relating to justices courts; increasing the monetary limit of the jurisdiction of justices courts; clarifying certain provisions concerning the jurisdiction of justices courts; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as provided in subsection 2, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000........................................ $25.00
If the sum claimed exceeds $1,000 but does not exceed [$2,500] $5,000 35.00
In all other civil actions.............................................................................. 25.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $500............................................. 10.00
If the sum claimed exceeds $500 but does not exceed $1,500......... 20.00
If the sum claimed exceeds $1,500 but does not exceed $2,500...... 30.00
κ1991 Statutes of Nevada, Page 325 (CHAPTER 170, SB 65)κ
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions........................................................................................ 10.00
For every additional defendant, appearing separately.......................... 5.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention......................................... 5.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court 5.00
(g) For filing a notice of appeal, and appeal bonds............................. 10.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court.............................................................................................................. 10.00
(i) For preparation and transmittal of transcript and papers on appeal 10.00
(j) For celebrating a marriage and returning the certificate to the county recorder 20.00
(k) For entering judgment by confession................................................. 5.00
(l) For preparing any copy of any record, proceeding or paper, for each page .25
(m) For each certificate of the clerk, under the seal of the court........ 2.00
(n) For searching records or files in his office, for each year................ 1.00
(o) For filing and processing each bail or property bond.................... 20.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.
Sec. 2. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as limited by subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed [$2,500.] $5,000.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed [$2,500.] $5,000.
(c) Except as otherwise provided in paragraph (l) in actions for a fine, penalty or forfeiture not exceeding [$2,500,] $5,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
κ1991 Statutes of Nevada, Page 326 (CHAPTER 170, SB 65)κ
ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$2,500,] $5,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed [$2,500.] $5,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed [$2,500.] $5,000.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed [$2,500] $5,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, [if damages are sought and the] when damages claimed do not exceed [$2,500,] $5,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed [$2,500.] $5,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$2,500.] $5,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$2,500.] $5,000.
(l) In actions for a fine imposed for a violation of NRS 484.757.
(m) To issue a temporary or extended order for protection against domestic violence.
(n) In small claims actions under the provisions of chapter 73 of NRS.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
________
κ1991 Statutes of Nevada, Page 327κ
Senate Bill No. 62Committee on Judiciary
CHAPTER 171
AN ACT relating to the justices courts; revising the basis for determining the number of justices of the peace; requiring the collection of a fee to cover the costs of determining the population of townships; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The justice of the peace shall, on the commencement of any action or proceeding in the justices court for which a fee is required, and on the answer or appearance of any defendant in any such action or proceeding for which a fee is required, charge and collect a fee of $1 from the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.
2. On or before the first Monday of each month, the justice of the peace shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for credit to the state general fund. Quarterly, the county treasurer shall remit all money so collected to the state treasurer, who shall place the money in an account in the state general fund for use by the director of the department of taxation to administer the provisions of NRS 360.283, insofar as that section requires the department to estimate annually the population of townships.
3. The director may refund to the county clerk of the county of origin a pro rata share of any surplus money collected pursuant to this section. The county clerk shall pay over to the county treasurer any amount so refunded and the county treasurer shall place that amount to the credit of the county general fund for the support of justices courts.
Sec. 2. NRS 4.020 is hereby amended to read as follows:
4.020 1. There must be one justices court in each of the townships of the state, for which there must be elected by the qualified electors of the township the following number of justices of the peace according to the population of the township [:
(a) If the population is less than 90,000, one justice of the peace.
(b) If the population is 90,000 or more but less than 150,000, three justices of the peace.
(c) If the population is 150,000 or more but less than 400,000, five justices of the peace.
(d) If the population is 400,000 or more, six justices of the peace.] , as certified by the governor in even numbered years pursuant to NRS 360.285:
(a) In a county whose population is 400,000 or more, there must be one justice of the peace for each 100,000 population of the township, or fraction thereof.
κ1991 Statutes of Nevada, Page 328 (CHAPTER 171, SB 62)κ
(b) In a county whose population is less than 400,000, there must be one justice of the peace for each 50,000 population of the township, or fraction thereof.
(c) If a township includes a city created by the consolidation of a city and county into one municipal government, there must be one justice of the peace for each 30,000 population of the township, or fraction thereof.
2. If the provisions of subsection 1 operate to require an increase in the number of justices of the peace in a township and, in the opinion of a majority of the justices of the peace in that township, the case load does not warrant an additional justice of the peace, the justices of the peace may notify the director of the legislative counsel bureau of their opinion. The director shall submit the opinion to the next regular session of the legislature for its consideration.
3. Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.
[3.] 4. The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of the justice of the peace. The certificate must be filed in the office of the secretary of state as evidence of the official character of that officer.
Sec. 3. NRS 4.080 is hereby amended to read as follows:
4.080 No other fees [shall] may be charged by justices of the peace than those specifically set forth in [NRS 4.060, nor shall] this chapter, nor may fees be charged for any other services than those mentioned in [those sections.] this chapter.
Sec. 4. NRS 4.100 is hereby amended to read as follows:
4.100 1. On the [1st] first Mondays of January, April, July and October, the justices of the peace who receive fees [under] pursuant to the provisions of NRS 4.060 and section 1 of this act shall make out and file with the boards of county commissioners of their several counties a full and correct statement under oath of all fees or compensation, of whatever nature or kind, received in their several official capacities during the preceding 3 months. In the statement they shall set forth the cause in which, and the services for which, such fees or compensation were received.
2. [Nothing in this section shall be so construed as to] This section does not require personal attendance in filing statements, which may be transmitted by mail or otherwise directed to the clerk of the board of county commissioners.
Sec. 5. NRS 4.140 is hereby amended to read as follows:
4.140 All fees prescribed in NRS 4.060 [shall be payable] and section 1 of this act must be paid in advance, if demanded. If a justice of the peace [shall not have] has not received any or all of his fees, which [may be] are due him for services rendered by him in any suit or proceedings, he may have execution therefor in his own name against the party [or parties] from whom they are due, to be issued from the court where the action is pending, upon the order of the justice of the peace or court upon affidavit filed.
κ1991 Statutes of Nevada, Page 329 (CHAPTER 171, SB 62)κ
Sec. 6. NRS 360.283 is hereby amended to read as follows:
360.283 1. The department shall adopt regulations to establish a method of determining annually the population of each township, city and county in this state and estimate the population of each township, city and county pursuant to those regulations.
2. On or before October 30 of each year, the department shall issue a report of the estimated population of each township, city and county in this state.
3. Any city or county in this state may, on or before December 14 of each year, petition the department to revise the estimated population of that city or county. No such petition may be filed on behalf of a township. The department shall by regulation establish a procedure to review each petition and to appeal the decision on review.
4. The department shall, upon the completion of any review and appeal thereon pursuant to subsection 3, determine the population of each township, city and county in this state, and submit its determination to the governor.
5. The department shall employ a demographer to assist in the determination of population pursuant to this section and to cooperate with the Federal Government in the conduct of each decennial census as it relates to this state.
Sec. 7. NRS 360.285 is hereby amended to read as follows:
360.285 1. For the purposes of this Title, the governor shall, on or before February 1 of each year, certify the population of each township, city and county in this state from the determination submitted to him in the preceding year by the department.
2. Where any tax is collected by the department for apportionment in whole or in part to any political subdivision and the basis of the apportionment is the population of the political subdivision, the department shall use the populations certified by the governor. The transition from one such certification to the next must be made on July 1 following the certification for use in the fiscal year beginning then. Every payment before that date must be based upon the earlier certification and every payment on or after that date must be based upon the later certification.
Sec. 8. If the amendatory provisions of this act reduce the number of justices of the peace that must be elected in any township, the reduction must be effected by not filling by election the office of any justice of the peace whose term expires after October 1, 1991.
________
κ1991 Statutes of Nevada, Page 330κ
Senate Bill No. 22Committee on Commerce and Labor
CHAPTER 172
AN ACT relating to dentistry; clarifying the provision relating to the examination of a person applying for a license to practice dentistry; establishing the score recognized as passing for an examination administered to dental hygienists; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 631.240 is hereby amended to read as follows:
631.240 1. Any person desiring to obtain a license to practice dentistry in this state, after having complied with the regulations of the board to determine eligibility, must:
(a) Present to the board a certificate granted by the National Board of Dental Examiners which contains a notation that he has passed the boards examination with [a] an average score of at least 80 [;] , comprised of a minimum score of at least 75 on each part of the examination; and
(b) Be examined by the board on his practical knowledge of dentistry.
2. The board shall examine each applicant in writing [,] on the contents and interpretation of chapter 631 of NRS and the regulations of the board.
3. The examination must include clinical demonstrations of the applicants skill in dentistry.
4. All persons who present the appropriate certificate and successfully complete the examination must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by the president and the secretary of the board.
Sec. 2. NRS 631.300 is hereby amended to read as follows:
631.300 1. Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the board to determine eligibility, must be examined by the board upon such subjects as the board deems necessary, and given a practical examination in dental hygiene, including but not limited to the removal of deposits from, and the polishing of, the exposed surface of the teeth.
2. The examination must be:
(a) Written, oral or a combination of both; and
(b) Practical, as in the opinion of the board [will be] is necessary to test the qualifications of the applicant.
3. The board shall examine each applicant in writing on the contents and interpretation of chapter 631 of NRS and the regulations of the board.
4. In lieu of the examination required by subsection 2, the board shall recognize a certificate from the National Board of Dental Examiners [.] which contains a notation that the applicant has passed the examination of the board with a score of at least 80.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 331κ
Assembly Bill No. 397Committee on Ways and Means
CHAPTER 173
AN ACT making a supplemental appropriation to the state library and archives for the additional expenses for utilities for the division of archives and records; and providing other matters properly relating thereto.
[Approved May 16, 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 state library and archives the sum of $7,100 for the additional expenses for utilities for the division of archives and records. This appropriation is supplemental to that made by section 29 of chapter 611, Statutes of Nevada 1989, at page 1350.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 287Committee on Judiciary
CHAPTER 174
AN ACT relating to arrests; authorizing the arrest of a person during the night for a misdemeanor under certain circumstances; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.136 is hereby amended to read as follows:
171.136 1. If the offense charged is a felony or gross misdemeanor, the arrest may be made on any day, and at any time of day or night.
2. If it is a misdemeanor, the arrest cannot be made between the hours of 7 p.m. and 7 a.m., except:
(a) Upon the direction of a magistrate, endorsed upon the warrant;
(b) When the offense is committed in the presence of the arresting officer;
(c) When the person is found and the arrest is made in a public place or a place that is open to the public and:
(1) There are at least two outstanding warrants of arrest against the person; and
(2) The misdemeanor is discovered because there was probable cause for the arresting officer to stop, detain or arrest the person for another alleged violation or offense;
(d) When the offense is committed in the presence of a private person and he makes an arrest immediately after the offense is committed; or
κ1991 Statutes of Nevada, Page 332 (CHAPTER 174, AB 287)κ
[(d)] (e) When the offense charged is battery committed by a person upon his spouse and any bodily harm has occurred.
________
Assembly Bill No. 239Committee on Commerce
CHAPTER 175
AN ACT relating to the department of human resources; requiring the director of the department to adopt a master plan for the provision of human services; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the division for review of health resources and costs;
(3) The administrator of the health division;
(4) The administrator of the rehabilitation division;
(5) The state welfare administrator; and
(6) The administrator of the youth services division.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 422 to 427A, inclusive, 432 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 444.003 to 444.430, inclusive, 445.015 to 445.038, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the department for the provisions of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;
(4) Identify the sources of funding for services provided by the department and the allocation of that funding;
κ1991 Statutes of Nevada, Page 333 (CHAPTER 175, AB 239)κ
(5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.
(d) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.
[(d)] (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the mental hygiene and mental retardation division.
________
Assembly Bill No. 211Committee on Natural Resources, Agriculture and Mining
CHAPTER 176
AN ACT relating to animals; expanding the authority of the board of wildlife commissioners to adopt regulations authorizing the hunting, killing and nonlethal control of certain animals from an aircraft; providing that game bird does not include a raven, crow or magpie for the purposes of the statute governing waste of game birds; making various changes relating to wild and predatory animals; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 503.005 is hereby amended to read as follows:
503.005 1. Except as otherwise provided in subsection 2, a person shall not kill or attempt to kill any birds or animals while [such person is] flying in an aircraft.
2. The commission may promulgate rules and regulations whereby the department may issue permits authorizing the hunting , [or] killing or nonlethal control of coyotes , [or] bobcats or ravens from an aircraft.
3. Every person who willfully violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 2. NRS 503.010 is hereby amended to read as follows:
503.010 1. [It] Except as otherwise provided in subsection 2 of NRS 503.005, it is unlawful to molest, rally, stir up or drive any game mammals or game birds with [any] an aircraft, helicopter [,] or motor-driven vehicle, including a snowmobile, motorboat or sailboat.
κ1991 Statutes of Nevada, Page 334 (CHAPTER 176, AB 211)κ
or game birds with [any] an aircraft, helicopter [,] or motor-driven vehicle, including a snowmobile, motorboat or sailboat.
2. Except as otherwise provided in this subsection, it is unlawful to shoot at any game mammals or game birds with [any] a weapon from [any] an aircraft, helicopter or motor-driven vehicle, including a snowmobile. A person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes his walking may shoot from [any] a stopped motor vehicle which is not parked on the traveled portion of a public highway, but he may not shoot from, over or across [any] a highway or road specified in NRS 503.175.
3. It is unlawful to spot or locate game mammals or game birds with any kind of aircraft or helicopter and communicate this information by any means to a person on the ground for the purpose of hunting or trapping.
4. It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when the cargo or passengers or both are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the federal or state government or by a county or municipal government or when the loading or unloading is done in the course of an emergency or search and rescue operation.
5. For the purposes of this section, game bird does not include a raven even if classified as a game bird pursuant to NRS 501.110.
Sec. 3. NRS 503.050 is hereby amended to read as follows:
503.050 1. It is unlawful for any person to cause through carelessness, neglect or otherwise any edible portion of any game bird, game mammal, game fish or game amphibian to go to waste needlessly.
2. It is unlawful for any person to capture or destroy any game mammal, except a carnivore, and detach or remove from the carcass the head, hide, antlers, horns or tusks only and leave the carcass to waste.
3. For the purposes of subsection 1, game bird does not include a raven, crow or magpie even if classified as a game bird pursuant to NRS 501.110.
Sec. 4. NRS 503.570 is hereby amended to read as follows:
503.570 1. [Every] A person taking or causing to be taken wild mammals by means of traps, snares or any other devices which do not, or are not designed to, cause immediate death to [such] the mammals, shall, when [any such] the traps, snares or devices are placed or set for the purpose of taking mammals, visit or cause to be visited at least once each 96 hours each [such] trap, snare or other device during all of the time the trap, snare or device is placed, set or used in the taking of wild mammals, and remove therefrom any mammals caught therein.
2. The provisions in subsection 1 do not apply to employees of the state department of agriculture or the United States [Fish and Wildlife Service] Department of Agriculture when acting in their official capacities.
Sec. 5. NRS 567.020 is hereby amended to read as follows:
567.020 For the purpose of cooperating with the [Fish and Wildlife Service of the] United States Department of [the Interior] Agriculture for the control of predatory animals, crop-destroying birds and rodents within the State of Nevada, with [such funds] money as may be made available to it by contributions either by private or public agencies, or otherwise, there is hereby created the state predatory animal and rodent committee.
κ1991 Statutes of Nevada, Page 335 (CHAPTER 176, AB 211)κ
contributions either by private or public agencies, or otherwise, there is hereby created the state predatory animal and rodent committee.
Sec. 6. NRS 567.080 is hereby amended to read as follows:
567.080 The committee shall enter into agreements from time to time with the [Fish and Wildlife Service of the] United States Department of [the Interior] Agriculture covering cooperative control of predatory animals, crop-destroying birds and rodents in and by [such] manners and methods whereby a maximum of protection against losses of property, livestock, poultry, game birds, animals and crops on a statewide basis best can be assured with a maximum of returns for the [funds] money expended.
Sec. 7. NRS 567.130 is hereby amended to read as follows:
567.130 1. The board, acting as the committee, may:
(a) Enter into cooperative agreements with the [Fish and Wildlife Service of the] United States Department of [the Interior] Agriculture in its program of predatory animal control.
(b) Contribute money to aid the program from the fund for control of predatory animals in accordance with the terms of [such] the cooperative agreements and within the limitations of the fund for control of predatory animals.
2. The board may [draw upon] withdraw money from the fund for control of predatory animals for this purpose only and the [sums so drawn] money withdrawn must be made available from the fund by the proper authorities of the state in the amounts and for the purposes for which [they are drawn.] the money is withdrawn.
Sec. 8. NRS 567.140 is hereby amended to read as follows:
567.140 In the case of any [funds] money made available to the [Fish and Wildlife Service of the] United States Department of [the Interior under] Agriculture pursuant to the provisions of NRS 567.100 to 567.170, inclusive, the [Fish and Wildlife Service of the] United States Department of [the Interior] Agriculture shall furnish to the board, as soon as practicable after the succeeding date of June 30 of each year concerned, a detailed statement of its disposition of [such funds] the money and a report of the results accomplished thereby.
Sec. 9. NRS 567.150 is hereby amended to read as follows:
567.150 [In the case of any proceeds] Any money from the sale of furs received by the board from the [Fish and Wildlife Service of the] United States Department of [the Interior] Agriculture or any other contributions which may be received by the board for aiding in control of predatory animals [, the amounts concerned] must be deposited by the board in the state treasury for credit to the fund for the control of predatory animals [, becoming a part thereof and subject to] and may only be expended in accordance with the provisions of NRS 567.100 to 567.170, inclusive.
Sec. 10. Sections 2, 3 and 4 of this act become effective at 12:01 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 336κ
Assembly Bill No. 51Committee on Judiciary
CHAPTER 177
AN ACT relating to forfeitures; authorizing the forfeiture of certain property used or intended to be used to violate certain laws of other jurisdictions; and providing other matters properly relating thereto.
[Approved May 16, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 453.301 is hereby amended to read as follows:
453.301 The following are subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive:
1. All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.552, inclusive [.] , or a law of any other jurisdiction which prohibits the same or similar conduct.
2. All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive [.] , or a law of any other jurisdiction which prohibits the same or similar conduct.
3. All property which is used, or intended for use, as a container for property described in subsections 1 and 2.
4. All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.552, inclusive [.] , or a law of any other jurisdiction which prohibits the same or similar conduct.
5. All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, concealment, manufacture or protection, for the purpose of sale, possession for sale or receipt of property described in subsection 1 or 2.
6. All drug paraphernalia as defined by NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or a law of any other jurisdiction which prohibits the same or similar conduct, or of an injunction issued pursuant to NRS 453.558.
7. All imitation controlled substances which have been manufactured, distributed or dispensed in violation of the provisions of NRS 453.332. [.] or a law of any other jurisdiction which prohibits the same or similar conduct.
8. All real property and mobile homes used or intended to be used by any owner or tenant of the property or mobile home to facilitate a violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336 [.] , or used or intended to be used to facilitate a violation of a law of any other jurisdiction which prohibits the same or similar conduct as prohibited in NRS 453.011 to 453.552, inclusive, except NRS 453.336. As used in this subsection, tenant means any person entitled, under a written or oral rental agreement, to occupy real property or a mobile home to the exclusion of others.
κ1991 Statutes of Nevada, Page 337 (CHAPTER 177, AB 51)κ
9. Everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, or a law of any other jurisdiction which prohibits the same or similar conduct, all proceeds traceable to such an exchange, and all other property used or intended to be used to facilitate a violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336 [.] , or used or intended to be used to facilitate a violation of a law of any other jurisdiction which prohibits the same or similar conduct as prohibited in NRS 453.011 to 453.552, inclusive, except NRS 453.336. If an amount of cash which exceeds $300 is found in the possession of a person who is arrested for a violation of NRS 453.337 or 453.338, then there is a rebuttable presumption that the cash is traceable to an exchange for a controlled substance and is subject to forfeiture pursuant to this subsection.
10. All firearms, as defined by NRS 202.253, which are in the actual or constructive possession of a person who possesses or is consuming, manufacturing, transporting, selling or under the influence of any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive [.] , or a law of any other jurisdiction which prohibits the same or similar conduct.
________
Senate Bill No. 323Committee on Government Affairs
CHAPTER 178
AN ACT relating to local governments; authorizing a county or district hospital to purchase supplies commonly used, under a contract properly awarded, without additional competitive bidding even if the vendor supplying the goods was not identified as the supplier at the time the contract was awarded; and providing other matters properly relating thereto.
[Approved May 17, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 332.115 is hereby amended to read as follows:
332.115 1. Contracts which by their nature are not adapted to award by competitive bidding, including contracts for:
(a) Items which may only be contracted from a sole source;
(b) Professional services;
(c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;
(d) Equipment which, by reason of the training of the personnel or of any inventory of replacement parts maintained by the local government is compatible with existing equipment;
(e) Purchases of perishable goods by a county or district hospital;
(f) Any insurance;
(g) Software for computers; and
(h) Books, library materials and subscriptions, may not be subject to the requirements of this chapter for competitive bidding as determined by the governing body or its authorized representative.
κ1991 Statutes of Nevada, Page 338 (CHAPTER 178, SB 323)κ
may not be subject to the requirements of this chapter for competitive bidding as determined by the governing body or its authorized representative.
2. The governing body of any hospital required to comply with the provisions of this chapter, or its authorized representative, may purchase goods commonly used by the hospital, under a contract properly awarded pursuant to NRS 332.065, without additional competitive bidding even if at the time the contract was awarded:
(a) The vendor supplying such goods to the person awarded the contract was not identified as a supplier to be used by the person awarded the contract; or
(b) The vendor was identified as a supplier but was not identified as the supplier of such goods.
The governing body of the hospital shall make available for public inspection each such contract and any records related to those purchases.
3. Except in cases of emergency, at least 60 days before the expiration of any existing contract for insurance in which the local government is the insured, the governing body shall cause to be given, by advertising or in another manner deemed adequate and desirable by the governing body, notice of the date the contract for insurance expires.
[3.] 4. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.
________
Senate Bill No. 219Senator Jacobsen
CHAPTER 179
AN ACT relating to petroleum products; clarifying the petroleum products to which the fee for the fund for cleaning up discharges of petroleum applies; reducing the amounts that must be paid by the operator of a storage tank for the costs resulting from a discharge from the tank; and providing other matters properly relating thereto.
[Approved May 17, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 590 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Motor vehicle fuel has the meaning ascribed to it in NRS 365.060.
Sec. 3. Diesel fuel of grade number 1 means a distillate from fuel oil which is of high volatility and used in high-speed diesel engines generally operated under variations in speed and load. The term includes diesel fuel of the type C-B, generally used in buses and similar operations.
Sec. 4. Diesel fuel of grade number 2 means a distillate from gas oil which is of low volatility and used in high-speed diesel engines generally operated under uniform speed and load. The term includes diesel fuel of the type R-R, generally used in railroad locomotives, and type T-T, generally used in trucks with diesel engines.
κ1991 Statutes of Nevada, Page 339 (CHAPTER 179, SB 219)κ
Sec. 5. NRS 590.700 is hereby amended to read as follows:
590.700 As used in NRS 590.700 to 590.920, inclusive, unless the context otherwise requires, the words and terms defined in NRS 590.710 to 590.800, inclusive, and sections 2, 3 and 4 of this act, have the [meaning] meanings ascribed to them in those sections.
Sec. 6. NRS 590.810 is hereby amended to read as follows:
590.810 The legislature finds that:
1. Protection of this states environment, particularly its supplies of water, requires the prompt cleaning up of any discharge of petroleum from a storage tank.
2. Federal law and regulations require each operator of a storage tank to show financial responsibility for this purpose, but the capital of smaller operators is too little to meet these requirements and insurance to cover this liability is prohibitively costly for these smaller operators.
3. Free competitive access to the business of distributing petroleum therefore requires a system of funding this liability in which all engaged in the business must participate equitably.
4. The fee imposed by NRS 590.840 is not an excise tax [on gasoline or other motor vehicle fuel] but a fee for engaging in the refining or importation of [the products whose storage presents the danger of discharge and thus creates the liability to be funded.] motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 and heating oil.
Sec. 7. NRS 590.840 is hereby amended to read as follows:
590.840 1. Except as otherwise provided in subsection 3, the department shall collect for deposit in the fund a fee of 0.6 cent for each gallon of motor vehicle fuel, diesel fuel of grade number 1 [or] , diesel fuel of grade number 2 and [other] heating oil imported into this state in one of those forms or refined in this state . [into one of those forms of petroleum, for use or sale in this state. As used in this subsection, motor vehicle fuel has the meaning ascribed to it in NRS 365.060.] The fee imposed by this section is in addition to the taxes imposed by chapters 365 and 366 of NRS.
2. The department of motor vehicles and public safety shall cooperate with the department of taxation in ascertaining the amount of diesel fuel so imported and the identity of each person liable for payment of the fee upon it.
3. The fee imposed by [this section] subsection 1 does not apply to [any] motor vehicle fuel , diesel fuel of grade number 1, diesel fuel of grade number 2 or heating oil [imported] that is:
(a) Imported or refined by the United States, its unincorporated agencies and instrumentalities, or any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States [.] ;
(b) Exported from the state;
(c) Imported or refined by railroad companies for use in locomotive engines;
(d) Being transported through the state in interstate commerce; or
(e) Used as fuel for jet or turbine-powered aircraft.
4. The fee is payable on or before the 25th day of each calendar month for [fuel or heating oil] those products subject to the fee that are handled during the preceding calendar month. The department shall prescribe by regulation the manner of payment of the fee, for this purpose may reasonably classify the persons liable for payment, and may in collecting the fee employ any administrative power conferred upon it by chapter 365 of NRS.
κ1991 Statutes of Nevada, Page 340 (CHAPTER 179, SB 219)κ
the manner of payment of the fee, for this purpose may reasonably classify the persons liable for payment, and may in collecting the fee employ any administrative power conferred upon it by chapter 365 of NRS.
5. The expenses incurred by the department in performing its duties under NRS 590.700 to 590.920, inclusive, are a charge against the fund.
Sec. 8. NRS 590.850 is hereby amended to read as follows:
590.850 1. Except as otherwise provided in subsection 2, the division shall collect for deposit in the fund an annual fee not to exceed $50, set by the board, for the registration of each storage tank.
2. No fee is to be collected, and no registration is required, with respect to a storage tank used to store heating oil for consumption on the same [residential] premises where the oil is stored, or a storage tank operated by a person not required to pay the fee for petroleum produced in or imported into this state.
3. The operator of a storage tank required to be registered pursuant to this section who fails to register that tank or to pay the annual fee when required shall reimburse the division for any expense incurred by the division in cleaning up a discharge from that storage tank and for any discharge of liability to a third person.
Sec. 9. NRS 590.880 is hereby amended to read as follows:
590.880 The costs resulting from a discharge from a storage tank which has a capacity of 1,100 gallons or less and is used to store heating oil for consumption on the same [residential] premises where the oil is stored must be paid as follows, to the extent applicable:
1. The first [$1,000] $250 for cleaning up and the first [$1,000] $250 of liability for damages to a person other than this state or the operator of the tank, or both amounts, by the operator.
2. The next $250,000 for cleaning up and the next $250,000 for damages to a person other than this state or the operator of the tank, or both amounts, from the fund. These limits apply to any one discharge and to the total for discharges from storage tanks controlled by any one operator in any fiscal year. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
3. Any further cost for cleaning up or for damages, by the operator.
Sec. 10. NRS 590.890 is hereby amended to read as follows:
590.890 The costs resulting from a discharge from any other storage tank must be paid as follows, to the extent applicable:
1. The first [$25,000] $10,000 for cleaning up and the first [$25,000] $10,000 of liability for damages to any person other than this state or the operator of the tank, or both amounts, by the operator.
2. The next [$1,000,000] $990,000 for cleaning up and the next [$1,000,000] $990,000 of liability for damages to a person other than this state or the operator of the tank, or both amounts, from the fund. The total paid from the fund in any one fiscal year on account of discharges from storage tanks under the control of any one operator must not exceed [$2,000,000] $1,980,000 for cleaning up and [$2,000,000] $1,980,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
κ1991 Statutes of Nevada, Page 341 (CHAPTER 179, SB 219)κ
50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
3. Any further cost for cleaning up or for damages, by the operator.
Sec. 11. NRS 590.920 is hereby amended to read as follows:
590.920 1. [NRS 590.700 to 590.920,] The provisions of NRS 590.850 to 590.910, inclusive, do not apply to any tank which:
(a) Contains petroleum being transported through this state in interstate commerce, but do apply to a tank being used to store petroleum received for sale or use in this state;
(b) Contains fuel for jet or turbine-powered aircraft, or is above ground and has a capacity of 30,000 gallons or less, unless in either case the operator complies with subsection 2; or
(c) Is above ground and has a capacity of more than 30,000 gallons.
2. The operator of a tank exempted by paragraph (b) of subsection 1 may obtain the coverage provided by NRS 590.880 and 590.890 by applying to the board, paying the fee set pursuant to NRS 590.850 for its registration, and, if the tank is used to store fuel for jet or turbine-powered aircraft, reporting monthly the number of gallons of fuel put into the tank and paying the fee required by NRS 590.840. Coverage pursuant to this subsection begins 6 months after the tank is registered and the required fee first paid.
________
Assembly Bill No. 152Committee on Government Affairs
CHAPTER 180
AN ACT relating to public investments; increasing the amount of money that may be invested in bankers acceptances by a county or city; allowing local governments to invest in certain commercial paper; and providing other matters properly relating thereto.
[Approved May 17, 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.
κ1991 Statutes of Nevada, Page 342 (CHAPTER 180, AB 152)κ
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] 20 percent of the money available to a local government for investment.
(i) Obligations of state and local governments if:
(1) The interest on the obligation is exempt from gross income for federal income tax purposes; and
(2) The obligation has been rated A or higher by one or more nationally recognized bond credit rating agencies.
(j) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) Is purchased from a registered broker-dealer;
(2) At the time of purchase has a remaining term to maturity of no more than 270 days; and
(3) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.
2. 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.
κ1991 Statutes of Nevada, Page 343 (CHAPTER 180, AB 152)κ
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 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.
Sec. 2. Section 1 of Assembly Bill No. 155 of this session is hereby amended to read 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.
κ1991 Statutes of Nevada, Page 344 (CHAPTER 180, AB 152)κ
(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 20 percent of the money available to a local government for investment.
(i) Obligations of state and local governments if:
(1) The interest on the obligation is exempt from gross income for federal income tax purposes; and
(2) The obligation has been rated A or higher by one or more nationally recognized bond credit rating agencies.
(j) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) Is purchased from a registered broker-dealer;
(2) At the time of purchase has a remaining term to maturity of no more than 270 days; and
(3) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.
(k) 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.
κ1991 Statutes of Nevada, Page 345 (CHAPTER 180, AB 152)κ
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.
Sec. 3. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 146Committee on Government Affairs
CHAPTER 181
AN ACT relating to general improvement districts; increasing the fine authorized for a violation by an industrial user of any federally mandated standard; and providing other matters properly relating thereto.
[Approved May 17, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 318.170 is hereby amended to read as follows:
318.170 1. The board may, in connection with a district with basic powers relating to storm drainage facilities, sanitary sewer facilities, refuse collection and disposal facilities, and water facilities, or any combination [thereof:] of such facilities:
(a) Consult with the health division of the department of human resources about any system or proposed system of drainage or sewage or garbage and other refuse collection and disposal as to the best method of disposing of the districts drainage or sewage or garbage and other refuse with reference to the existing and future needs of other cities, towns, districts or other persons which may be affected , [thereby,] and submit to the health division for its advice and approval the districts proposed system of drainage or sewage or garbage and other refuse disposal and collection, including without limitation both liquid wastes and solid wastes.
(b) [Compel] Except as limited by the provisions of paragraph (c), compel all owners of inhabited property in the district to use the districts system for the collection and disposal of sewage, garbage and other refuse, either as to liquid wastes, or solid wastes, or both liquid wastes and solid wastes, by connection with the districts sewer system or otherwise, except for industrial property for which arrangements have been made with local health authorities for the disposal of wastes . [, subject to the provisions of paragraph (c).]
κ1991 Statutes of Nevada, Page 346 (CHAPTER 181, AB 146)κ
(c) Cause a connection by an owner of inhabited property to such a system if a service line is brought by the district to a point within 400 feet of his dwelling place, and upon a failure of [a property] the owner so to connect within 60 days after written mailed notice by the board, cause [the] :
(1) The connection to be made by a person other than an owner [.
(d) Cause a] ; and
(2) A lien to be filed against the property for expense incurred in making [such a connection by other than an owner.
(e) Make] the connection.
(d) Make and enforce all necessary regulations for the removal of sewage, garbage or other refuse, and for the proper use of water within [any such] the district.
[(f)] (e) Make all other sanitary regulations not in conflict with the constitution or laws of this state, and provide that any person who violates these regulations or ordinances shall be punished by a fine not to exceed $100 or by imprisonment not to exceed 1 month, or by both fine and imprisonment.
(f) Provide that any industrial user who violates a federally mandated standard shall be punished by a fine not to exceed $1,000 per day for each day the violation continues.
2. A district shall not proceed to acquire or improve any system of water supply, drainage or sewage disposal or garbage and other refuse collection and disposal without first obtaining the approval of the county board of health.
3. [In this section the term drainage] As used in this section:
(a) Drainage means rainfall, surface and subsoil water . [only, and sewage]
(b) Sewage means domestic and industrial filth and waste.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 156Committee on Government Affairs
CHAPTER 182
AN ACT relating to public investments; increasing the percentage of state money that may be invested in bankers acceptances; decreasing the percentage of state money that may be invested in commercial paper and certain unconditional obligations; and providing other matters properly relating thereto.
[Approved May 17, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 355.140 is hereby amended to read as follows:
355.140 1. In addition to other investments provided for by a specific statute, the following bonds and other securities, or either or any of them are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the state insurance fund:
(a) Bonds and certificates of the United States;
κ1991 Statutes of Nevada, Page 347 (CHAPTER 182, AB 156)κ
(b) Bonds, notes, debentures and loans where underwritten by or payment is guaranteed by the United States;
(c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Federal Home Loan Bank Board or the Federal Home Loan Mortgage Corporation, whether or not guaranteed by the United States;
(d) Bonds of this state or other states of the Union;
(e) Bonds of any county of the State of Nevada or of other states;
(f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds when those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
(g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, when the value of the property is found by the board or commission making the investments to render the bonds financially sound over and above all other obligations of the districts;
(h) Bonds of school districts within this state;
(i) Bonds of any general improvement district whose population is 200,000 or more and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when the property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;
(j) Short-term financing for counties, cities and school districts authorized under the provisions of chapter 354 of NRS;
(k) Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in the State of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;
(l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;
(m) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations;
(n) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days maturity, and may not, in aggregate value, exceed [10] 20 percent of the total portfolio;
κ1991 Statutes of Nevada, Page 348 (CHAPTER 182, AB 156)κ
exceed 180 days maturity, and may not, in aggregate value, exceed [10] 20 percent of the total portfolio;
(o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) Is purchased from a registered broker-dealer;
(2) At the time of purchase has a remaining term to maturity of no more than 270 days; and
(3) Is rated by a nationally recognized rating service as [P-1, A-1] A-1, P-1 or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed [25] 20 percent of the total portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible; and
(p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:
(1) Are purchased from a registered broker-dealer;
(2) At the time of purchase have a remaining term to maturity of no more than 3 years; and
(3) Are rated by a nationally recognized rating service as A or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed [25] 20 percent of the total portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.
2. Repurchase agreements are proper and lawful investments of money of the state and the state insurance fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The state treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements to the state treasurer;
(2) The state treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and
(3) Have executed a written master repurchase agreement in a form satisfactory to the state treasurer and the state board of finance pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the state treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
κ1991 Statutes of Nevada, Page 349 (CHAPTER 182, AB 156)κ
appropriate, executed transfer instruments by physical delivery to the custodian;
(2) The state must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the state when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the state concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
3. As used in subsection 2:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States under federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
(b) Repurchase agreement means a purchase of securities by the state or state insurance fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
4. No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 or 616 of NRS.
________
Assembly Bill No. 375Committee on Government Affairs
CHAPTER 183
AN ACT relating to local governments; exempting certain purchases of equipment for use by a local law enforcement agency in the course of an undercover investigation from requirement of competitive bidding; and providing other matters properly relating thereto.
[Approved May 17, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 332.115 is hereby amended to read as follows:
κ1991 Statutes of Nevada, Page 350 (CHAPTER 183, AB 375)κ
332.115 1. Contracts which by their nature are not adapted to award by competitive bidding, including contracts for:
(a) Items which may only be contracted from a sole source;
(b) Professional services;
(c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;
(d) Equipment which, by reason of the training of the personnel or of any inventory of replacement parts maintained by the local government is compatible with existing equipment;
(e) Purchases of perishable goods by a county or district hospital;
(f) Any insurance;
(g) Software for computers; [and]
(h) Books, library materials and subscriptions [,] ;
(i) Motor vehicle fuel purchased by a local law enforcement agency for use in an undercover investigation; and
(j) Motor vehicle fuel for use in any vehicle operated by a local law enforcement agency or local fire department if such fuel is not available within the vehicles assigned service area from a fueling station owned by the State of Nevada or a local government,
may not be subject to the requirements of this chapter for competitive bidding as determined by the governing body or its authorized representative.
2. The purchase of equipment for use by a local law enforcement agency in the course of an undercover investigation is not subject to the requirements of this chapter for competitive bidding if:
(a) The equipment is an electronic or mechanical device which by design is intended to monitor and document in a clandestine manner suspected criminal activity; and
(b) Purchasing the equipment pursuant to such requirements would limit or compromise the use of such equipment by an agency authorized to conduct such investigations.
3. Except in cases of emergency, at least 60 days before the expiration of any existing contract for insurance in which the local government is the insured, the governing body shall cause to be given, by advertising or in another manner deemed adequate and desirable by the governing body, notice of the date the contract for insurance expires.
[3.] 4. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.
________
κ1991 Statutes of Nevada, Page 351κ
Assembly Bill No. 387Committee on Labor and Management
CHAPTER 184
AN ACT relating to industrial insurance; requiring the department of industrial relations to establish an index of claims for compensation; requiring the executive director of the employment security department to provide certain information to the manager of the state industrial insurance system; and providing other matters properly relating thereto.
[Approved May 17, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons or employing units identity.
2. Any claimant or his legal representative is entitled to information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding [under] pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the employment security department for any other purpose.
3. Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to:
(a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of an unemployment compensation law, public assistance law, workmans compensation or labor law, or the maintenance of a system of public employment offices;
(b) Any state or local agency for the enforcement of child support; or
(c) The Internal Revenue Service of the Department of the Treasury.
Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.
4. The executive director may provide information on the names of employers, their geographic locations, their type or class of business or industry, and the approximate number of employees employed by each employer to the commission on economic development for its use in developing and diversifying the economic interests of this state.
5. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipients rights to further benefits [under] pursuant to this chapter.
6. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the executive director that he furnish, from the records of the employment security department, the name, address and place of employment of any person listed in the records of employment of the department.
κ1991 Statutes of Nevada, Page 352 (CHAPTER 184, AB 387)κ
the executive director that he furnish, from the records of the employment security department, the name, address and place of employment of any person listed in the records of employment of the department. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the executive director shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.
7. The manager of the state industrial insurance system may submit to the executive director a list of each person who received benefits pursuant to chapter 616 or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the employment security department regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the manager must be in a form determined by the executive director and must contain the social security number of each such person. Upon receipt of such a request, the executive director shall make such a comparison and provide to the manager a list of the name, address and social security number of each person who appears, from the information submitted, to be simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS. The executive director shall charge a reasonable fee to cover any related administrative expenses. The manager shall use the information obtained pursuant to this subsection only to further a current investigation. The manager shall not disclose the information for any other purpose.
8. The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.
[8.] 9. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits [under] pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.
[9.] 10. All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the employment security department or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 2. Chapter 616 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The director shall establish a method of indexing claims for compensation that will make information concerning the claimants of one insurer available to other insurers.
κ1991 Statutes of Nevada, Page 353 (CHAPTER 184, AB 387)κ
2. The index of claims must include claims filed with:
(a) The system; and
(b) Self-insured employers after January 1, 1984.
3. Every self-insured employer shall provide information as required by the director for establishing and maintaining the index of claims.
4. If an employee files a claim with an insurer, the insurer is entitled to receive from the director a list of the prior claims of the employee. If the insurer desires to inspect the files related to the prior claims, he must obtain the written consent of the employee.
5. Any information obtained from the index of claims must be admitted into evidence in any hearing before an appeals officer, a hearing officer or the administrator.
6. The department may assess and collect a reasonable fee for its services provided pursuant to this section. The fee must be payable monthly or at such other intervals as determined by the director.
________
Assembly Bill No. 482Assemblymen Gibbons, Wendell Williams, Norton, Bayley, Scherer, Carpenter, Johnson, Haller, Elliott, Bergevin, Anderson, Garner, Kerns, Freeman and Lambert
CHAPTER 185
AN ACT relating to public roads; creating an advisory committee to study methods for the removal of snow and ice from roads in the Lake Tahoe Basin; and providing other matters properly relating thereto.
[Approved May 17, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. As used in sections 2 to 5, inclusive, of this act:
1. Advisory committee means the advisory committee to study methods for the removal of snow and ice from roads in the Lake Tahoe Basin created pursuant to section 2 of this act.
2. Salt includes:
(a) Sodium chloride;
(b) Calcium chloride;
(c) Potassium chloride;
(d) Magnesium chloride;
(e) Sodium sulfate;
(f) Calcium sulfate;
(g) Potassium sulfate; and
(h) Magnesium sulfate.
Sec. 2. 1. The advisory committee to study methods for the removal of snow and ice from roads in the Lake Tahoe Basin is hereby created. The advisory committee consists of:
(a) One member of the senate;
κ1991 Statutes of Nevada, Page 354 (CHAPTER 185, AB 482)κ
(b) One member of the assembly;
(c) One member who represents the department of transportation;
(d) One member who represents the division of environmental protection of the state department of conservation and natural resources;
(e) One member who represents the division of forestry of the state department of conservation and natural resources;
(f) One member who represents the Nevada Tahoe regional planning agency;
(g) One member who is a representative of a local government whose boundaries include the Lake Tahoe Basin;
(h) One member who is a representative of groups interested in protecting the environment; and
(i) One member who is a representative of the general public.
2. As soon as practicable after the effective date of this act:
(a) The majority leader of the senate shall appoint to the advisory committee the member required by paragraph (a) of subsection 1;
(b) The speaker of the assembly shall appoint to the advisory committee the member required by paragraph (b) of subsection 1; and
(c) The governor shall appoint to the advisory committee the members required by paragraphs (c) to (i), inclusive, of subsection 1.
3. The terms of the members of the advisory committee expire on June 30, 1993.
Sec. 3. 1. The advisory committee shall elect from among its members a chairman and a vice chairman and shall adopt rules for its own management.
2. A majority of the members of the advisory committee constitutes a quorum for the transaction of business.
3. The advisory committee shall meet at such times and places as are specified by the chairman.
4. Members of the advisory committee serve in that capacity without subsistence allowances, reimbursement of travel expenses or any additional compensation.
Sec. 4. 1. The advisory committee shall:
(a) Develop a plan for the future removal, in a manner that is safe to the environment, of snow and ice from roads in the Lake Tahoe Basin;
(b) Determine methods for the state to cooperate with the State of California in the development of a plan for the restoration of vegetation and control of erosion in areas adjacent to highways in the Lake Tahoe Basin that have suffered substantial damage as a result of the use of salt for the removal of snow and ice; and
(c) On or before September 1, 1992, report its findings and recommendations to the governor.
2. The report of the advisory committee must include:
(a) A review of the research conducted in Nevada and other states regarding the removal of snow and ice from roads by using substances that do not contain salt.
(b) The results of the tests conducted by the department of transportation pursuant to section 5 of this act.
(c) An evaluation of the safety and effectiveness of methods for the removal, without using salt, of snow and ice from roads.
κ1991 Statutes of Nevada, Page 355 (CHAPTER 185, AB 482)κ
(d) The technical findings of the Transportation Research Board of the National Research Council, if available, analyzing the relative costs to public and private entities, including without limitation those costs resulting from damage to vegetation, highways and motor vehicles, caused by the use of salt as compared to commercially available substitutes for the removal of snow and ice from roads.
(e) An estimate of the savings or increase in costs, over a term of 25 years, to be realized by replacing the use of salt with the use of other substances and techniques for the removal of snow and ice from roads in the Lake Tahoe Basin. The estimate must account for the costs resulting from damage to motor vehicles, the public infrastructure and the environment.
(f) A proposal for and estimate of costs to:
(1) Replace trees that have been damaged or killed; and
(2) Control the erosion of soil in areas where vegetation has been damaged or killed,
as a result of the use of salt for the removal of snow and ice from roads in the Lake Tahoe Basin.
(g) An analysis of the initial capital and annual costs necessary for the Tahoe transportation district to adopt and carry out effective methods for the removal of snow and ice from roads in a manner that is safe to the environment, including the costs to repair environmental damage previously caused by the use of salt and the costs to maintain the quality of water in the Lake Tahoe Basin.
(h) The identification and evaluation of alternative means to finance the purchase of substances that do not contain salt for the removal of snow and ice from roads.
(i) A plan to replace the use of salt in the Lake Tahoe Basin, as the primary substance for the removal of snow and ice from roads, with the use of substances and techniques that are safe to the environment and effective for the removal of snow and ice from roads. The plan must contain a schedule for reducing or eliminating the use of salt as the primary substance for the removal of snow and ice from specified highways in the Lake Tahoe Basin, including, without limitation, Interstate Route No. 50, State Route No. 28, State Route No. 207 and State Route No. 431.
3. The governor shall submit the report of the advisory committee to the 67th session of the Nevada Legislature.
Sec. 5. The department of transportation shall:
1. Provide the advisory committee with such administrative and clerical support as the advisory committee deems necessary to carry out the provisions of this act.
2. Test alternative methods for the removal, without using salt, of snow and ice from state and federal highways within the Lake Tahoe Basin, and report the results of those tests to the advisory committee.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 356κ
Senate Bill No. 301Committee on Commerce and Labor
CHAPTER 186
AN ACT relating to municipal obligations; allowing a local government to enter into an agreement to exchange interest rates in connection with municipal obligations; providing limitations upon such agreements; and providing other matters properly relating thereto.
[Approved May 17, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 350 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A municipality that has issued or proposes to issue municipal securities in the amount of $10,000,000 or more may enter into an agreement for an exchange of interest rates as provided in this section if it finds that such an agreement would be in the best interests of the municipality.
2. A municipality may enter into an agreement to exchange interest rates only if:
(a) The long-term debt obligations of the person with whom the municipality enters the agreement are rated A or better by a nationally recognized rating agency; or
(b) The obligations pursuant to the agreement of the person with whom the municipality enters the agreement are either:
(1) Guaranteed by a person whose long-term debt obligations are rated A or better by a nationally recognized rating agency; or
(2) Collateralized by obligations deposited with the municipality or an agent of the municipality which would be legal investments for the state pursuant to NRS 355.140 and which have a market value at the time agreement is made of not less than 100 percent of the principal amount upon which the exchange of interest rates is based.
3. A municipality may agree, with respect to securities that the municipality has issued or proposes to issue bearing interest at a variable rate, to pay sums equal to interest at a fixed rate or rates or at a different variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the principal amount of the municipal securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a variable rate determined pursuant to a formula set forth in the agreement.
4. A municipality may agree, with respect to securities that the municipality has issued or proposes to issue bearing interest at a fixed rate or rates, to pay sums equal to interest at a variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the outstanding principal amount of the municipal securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a fixed rate or rates set forth in the agreement.
5. The term of an agreement entered into pursuant to this section must not exceed the term of the municipal securities with respect to which the agreement was made.
κ1991 Statutes of Nevada, Page 357 (CHAPTER 186, SB 301)κ
6. An agreement entered into pursuant to this section is not a debt or indebtedness of the municipality for the purposes of any limitation upon the indebtedness of the municipality or any requirement for an election with regard to the issuance of securities that is applicable to the municipality.
7. Limitations upon the rate of interest on a municipal security do not apply to interest paid pursuant to an agreement entered into pursuant to this section.
8. A municipality which has entered into an agreement pursuant to this section with respect to those securities may treat the amount or rate of interest on the securities as the amount or rate of interest payable after giving effect to the agreement for the purpose of calculating:
(a) Rates and charges of a revenue-producing enterprise whose revenues are pledged to or used to pay municipal securities;
(b) Statutory requirements concerning revenue coverage that are applicable to municipal securities;
(c) Tax levies to pay debt service on municipal securities; and
(d) Any other amounts which are based upon the rate of interest of municipal securities.
9. Subject to covenants applicable to the securities, any payments required to be made by the municipality under the agreement may be made from money pledged to pay debt service on the securities with respect to which the agreement was made or from any other legally available source.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 99Committee on Judiciary
CHAPTER 187
AN ACT relating to local facilities for detention; authorizing the operation of a commissary in a county or city jail; and providing other matters properly relating thereto.
[Approved May 17, 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 or chief of police of a city may establish and operate in each jail in his jurisdiction a commissary to sell to prisoners committed to the jail food, beverages, toiletries and such other items as may be approved by the sheriff or chief of police. The sheriff or chief of police may require prisoners committed to the jail to work in the commissary.
2. The sheriff or chief of police, or a person designated by him, shall:
(a) Keep accurate books and records of all transactions which take place at the commissary; and
κ1991 Statutes of Nevada, Page 358 (CHAPTER 187, SB 99)κ
(b) Submit reports of these books and records to the board of county commissioners or governing body of the city, as appropriate, at such times as may be required by the board or governing body.
3. Proceeds from the operation of the commissary must be maintained in a separate account and any profits therefrom must be expended only for the welfare and benefit of the prisoners in the jail.
4. The provisions of NRS 426.630 to 426.720, inclusive, do not apply to any commissary established and operated pursuant to this section.
________
Assembly Bill No. 404Committee on Ways and Means
CHAPTER 188
AN ACT making a supplemental appropriation to the department of motor vehicles and public safety for additional expenses; and providing other matters properly relating thereto.
[Approved May 17, 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 highway fund to the department of motor vehicles and public safety the sum of $381,624 for payment of a shortfall in postage expenses, for shortfalls in data processing expenses and for the support of the continued operation on Saturday of the Sahara office in Las Vegas to be allocated as follows:
(a) Administrative services division postage................................. $97,417
(b) Administrative services division Saturday services............... $12,567
(c) Motor carrier division-data processing........................................ $51,675
(d) Drivers license division-Saturday services.............................. $135,629
(e) Registration division-Saturday services...................................... $84,336
2. The appropriation made by subsection 1 is supplemental to that made by section 49 of chapter 611, Statutes of Nevada 1989, at page 1355.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 359κ
Senate Bill No. 208Senator Horn (by request)
CHAPTER 189
AN ACT relating to traffic laws; authorizing the department of motor vehicles and public safety to issue both special parking permits and special plates to certain handicapped persons; and providing other matters properly relating thereto.
[Approved May 18, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.384 is hereby amended to read as follows:
482.384 1. The department may issue special plates to any person who owns a motor vehicle, other than a commercial vehicle, and has a permanent physical handicap which impairs his mobility when not in a motor vehicle.
2. The department may issue a special parking permit to any person who:
(a) Owns or does not own a motor vehicle;
(b) Has a permanent physical handicap which impairs his driving ability and impairs his mobility when not in a motor vehicle; and
(c) Has need to be driven by another person to a destination in a motor vehicle,
or to any organization which provides transportation for such a person.
3. The department may [make] adopt such regulations as are necessary to ascertain eligibility for special parking permits and special plates.
4. Applications for special parking permits or special plates and applications for both special parking permits and special plates for physically handicapped persons must be made to the department on forms provided by the department . [which] The application must require information necessary to determine the applicants eligibility for a special parking permit or special plates , or both a special parking permit and special plates for physically handicapped persons and must be accompanied by a certificate from a licensed physician describing the character and extent of the applicants disability or the general nature of the disabilities of any persons from whom an organization will provide transportation.
5. The department shall charge a fee of no more than $10 for the issuance of the special parking permit to cover the cost of materials.
6. Physically handicapped persons shall pay the regular motor vehicle registration fee as prescribed by this chapter.
7. Except as otherwise provided in this subsection, only one special parking permit [or] and one set of special plates for physically handicapped persons may be issued to any eligible applicant in any one registration period. An organization which will provide transportation for others may obtain one special parking permit for each person so engaged or vehicle to be used.
8. Each set of special plates for physically handicapped persons issued pursuant to this section expires at the end of the last registration month of the registration period for which it was issued.
9. Each special parking permit issued pursuant to this section must contain:
(a) If issued to a natural person, a picture of that person;
(b) If issued to an organization, the name of that organization;
κ1991 Statutes of Nevada, Page 360 (CHAPTER 189, SB 208)κ
(c) The address of the natural person or organization to which it is issued;
(d) A statement concerning the disability for which the special parking permit is necessary; and
(e) The name of the licensed physician who signed the certificate required by subsection 4.
10. The department shall provide to each person to whom it issues a special parking permit or special plates pursuant to this section, a card identifying that person as the holder of the special parking permit or special plates [.
11. Permits] , or both the special parking permit and special plates.
11. Special parking permits or special plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.
12. Special plates issued pursuant to this section must be of a design determined by the department.
13. A person, other than the physically handicapped person or a person actually transporting the physically handicapped person, shall not use the special parking permit or special plates issued to the handicapped person [for the purposes of obtaining] to obtain the special parking privileges available pursuant to this section.
14. Any person who violates the provisions of subsection 13 is guilty of a misdemeanor.
15. The department shall review the eligibility of each holder of a special parking permit or special plates , or both a special parking permit and special plates, at least once every 2 years. Upon a determination of ineligibility by the department, the holder shall surrender the special parking permit or [plates] special plates, or both, to the department.
________
Senate Bill No. 454Committee on Commerce and Labor
CHAPTER 190
AN ACT relating to deceptive trade practices; prohibiting the substitution by a retailer of another brand of alcoholic beverage for the brand of beverage requested without the customers consent; providing penalties; requiring temporarily that counties and cities provide notice of this prohibition to applicants for the issuance or renewal of a liquor license; and providing other matters properly relating thereto.
[Approved May 20, 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:
1. It is unlawful for a retailer of alcoholic beverages to substitute one brand of alcoholic beverage for a brand that has been specifically requested by the customer, unless the customer consents to the substitution.
κ1991 Statutes of Nevada, Page 361 (CHAPTER 190, SB 454)κ
by the customer, unless the customer consents to the substitution. Any violation of this subsection by an employee must be attributed to the retailer.
2. A retailer who violates the provisions of subsection 1:
(a) For the first offense, is guilty of a misdemeanor and shall be fined an amount not to exceed $1,000, plus the costs of prosecution. No sentence of incarceration may be imposed.
(b) For the second offense, is guilty of a gross misdemeanor and shall be fined an amount not to exceed $2,000, plus the costs of prosecution. No sentence of incarceration may be imposed.
(c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be fined an amount equal to the costs of prosecution. The court shall impose no other criminal penalty, but shall, within 5 working days after the conviction, issue an order revoking the license to sell intoxicating liquor of the business and forward a certified copy of the order to the liquor board of county or governing body of the city, as applicable, which licensed the sale of liquor at the retailers place of business. The board shall not reissue such a license for that place of business for a period of at least 1 year.
3. In addition to the criminal penalties set forth in this section, the retailer, upon conviction, is liable in civil suit to the customer and to the supplier and wholesale dealer of the requested alcoholic beverage for the damages which result from the substitution. The court shall award the prevailing party in such an action attorneys fees and his costs of the action.
4. As used in this section:
(a) Alcoholic beverage has the meaning ascribed to it in NRS 202.015.
(b) Retailer means the owner of a business where alcoholic beverages are sold by the drink. The term includes any person employed by the owner.
(c) Supplier has the meaning ascribed to it in NRS 598.310.
(d) Wholesale dealer has the meaning ascribed to it in NRS 598.320.
Sec. 2. When issuing or renewing a liquor license on or before October 1, 1993, the liquor board of each county and the governing body of each city shall provide written notice of the provisions of section 1 of this act to the respective applicants for licensure or renewal.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 362κ
Assembly Bill No. 391Assemblymen Krenzer, Wong, Scherer, Heller, Anderson, Freeman, McGaughey, Elliott, Johnson, Giunchigliani, Myrna Williams, Callister, Petrak, Gregory, Bennett, Kerns, Wendell Williams, Little, Gibbons, Arberry, Norton, Carpenter, Pettyjohn, McGinness, Porter, Humke, Haller, Evans, Marvel, Stout, Garner and Spriggs
CHAPTER 191
AN ACT relating to industrial insurance; revising the definition of permanent physical impairment for the purpose of charging compensation to the subsequent injury fund; and providing other matters properly relating thereto.
[Approved May 20, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.427 is hereby amended to read as follows:
616.427 Except as otherwise provided in NRS 616.428:
1. If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of this preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, no condition may be considered a permanent physical impairment unless it would support a rating of permanent impairment of [12] 6 percent or more of the whole man if evaluated according to the American Medical Associations Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, 1987.
4. In order to qualify under this section for reimbursement from the subsequent injury fund, the insurer must establish by written records that the employer had knowledge of the permanent physical impairment at the time that the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.
5. An insurer shall notify the administrator of any possible claim against the subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.
κ1991 Statutes of Nevada, Page 363 (CHAPTER 191, AB 391)κ
6. The director shall by regulation establish a procedure by which claims against the subsequent injury fund may be submitted and decisions made. The administrator shall notify the insurer of his decision on such a claim within 90 days after the claim is received.
7. An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.
Sec. 2. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 408Committee on Labor and Management
CHAPTER 192
AN ACT relating to industrial insurance; abolishing the practice of referring matters to a medical review board; and providing other matters properly relating thereto.
[Approved May 20, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 617.340 is hereby amended to read as follows:
617.340 In all cases under this chapter, the date of disablement is such date as the insurer determines on hearing of the employees claim . [in accordance with the findings of one of the medical boards as provided in NRS 616.190.]
Sec. 2. NRS 616.190, 616.540 and 617.375 are hereby repealed.
________
Assembly Bill No. 505Committee on Government Affairs
CHAPTER 193
AN ACT relating to the City of Las Vegas; amending the city charter to change the date on which newly elected members of the city council assume office; and providing other matters properly relating thereto.
[Approved May 20, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 5.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1413, is hereby amended to read as follows:
Sec. 5.010 Primary municipal elections.
1. On the Tuesday after the 1st Monday in May 1985, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for two offices of councilman and for municipal judge, department 2, must be nominated.
κ1991 Statutes of Nevada, Page 364 (CHAPTER 193, AB 505)κ
in the city at which time candidates for two offices of councilman and for municipal judge, department 2, must be nominated.
2. On the Tuesday after the 1st Monday in May 1987, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for mayor, for two offices of councilman and for municipal judge, department 1, must be nominated.
3. The candidates for councilman who are to be nominated as provided in subsections 1 and 2 must be nominated and voted for separately according to the respective wards. The candidates from wards 2 and 4 must be nominated as provided in subsection 1, and the candidates from wards 1 and 3 must be nominated as provided in subsection 2.
4. If the city council has established an additional department or departments of the municipal court pursuant to section 4.010 of this charter, and, as a result, more than one office of municipal judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.
5. Each candidate for the municipal offices which are provided for in subsections 1, 2 and 4 must file a declaration of candidacy with the city clerk not less than 30 days nor more than 40 days before the day of the primary election. If the last day for filing a declaration of candidacy falls on a Saturday, Sunday or legal holiday, the period for filing expires on the preceding business day at 5 p.m. The city clerk shall collect from each candidate, at the time of filing that candidates declaration of candidacy, the filing fee which is prescribed by ordinance for that office. All of the filing fees which are collected by the city clerk must be paid into the city treasury.
6. If, at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected for the term which commences on the day of the first regular meeting of the city council [after the Tuesday after the 1st Monday in June of that year,] next succeeding the meeting at which the canvass of the returns is made, and no primary or general election need be held for that office.
7. If, in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, he must be declared elected for the term which commences on the day of the first regular meeting of the city council [after the Tuesday after the 1st Monday in June of that year,] next succeeding the meeting at which the canvass of the returns is made, and no general election need be held for that office. If, in the primary election, no candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general election.
Sec. 2. Section 5.100 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1416, is hereby amended to read as follows:
Sec. 5.100 Election returns; canvass; declaration of results; certificates of election; entry of officers upon duties; procedure for tied vote.
κ1991 Statutes of Nevada, Page 365 (CHAPTER 193, AB 505)κ
1. The returns of any special, primary or general municipal election must be filed with the city clerk, who shall immediately place those returns in a safe or vault, and no person may be permitted to handle, inspect or in any manner interfere with those returns until they have been canvassed by the city council.
2. The city council shall meet within 10 days after any election, canvass the returns and declare the result. The election returns must then be sealed and kept by the city clerk for 6 months, and no person may have access to the returns except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue to each person who is declared to be elected a certificate of election. The officers who have been elected shall qualify and enter upon the discharge of their respective duties on the day of the first regular meeting of the city council [after the Tuesday after the 1st Monday of June of that year.] next succeeding the meeting at which the canvass of the returns is made.
4. If the election for any office results in a tie, the city council shall summon the candidates who received the equal number of votes and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 525Committee on Government Affairs
CHAPTER 194
AN ACT relating to charitable solicitation; amending Assembly Bill No. 102 of this session to advance its effective date; and providing other matters properly relating thereto.
[Approved May 20, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 8 of Assembly Bill No. 102 of this session is hereby amended to read as follows:
Sec. 8. This act becomes effective [on July 1, 1991.] upon passage and approval.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 366κ
Assembly Bill No. 654Committee on Taxation
CHAPTER 195
AN ACT relating to property taxes; delaying the dates for adopting final budgets by local governments, setting tax rates by the Nevada tax commission and the payment of the first installments of property taxes for fiscal year 1991-1992; requiring the executive director of the department of taxation to certify the combined tax rate for each county for the fiscal year 1991-1992; and providing other matters properly relating thereto.
[Approved May 21, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Notwithstanding the provisions of NRS 354.598, for the fiscal year 1991-1992 a local government must adopt a final budget on or before July 1, 1991.
2. Notwithstanding the provisions of NRS 361.455, for fiscal year 1991-1992:
(a) The executive director of the department of taxation shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify that combined rate, to each of the boards of county commissioners.
(b) The Nevada tax commission shall meet on or before July 16, 1991, to set the tax rates for the next succeeding year for all local governments whose rates would have been set on June 25 but for the provisions of this section.
3. Notwithstanding the provisions of NRS 361.483, for fiscal year 1991-1992:
(a) The taxes assessed upon the real property tax roll and upon mobile homes as defined in NRS 361.029 are due on August 20, 1991; and
(b) If a person elects to pay in quarterly installments, the first installment is due on August 20, 1991.
4. Notwithstanding the provisions of subsection 3 of NRS 354.596, the budget hearings required by that subsection may be held:
(a) For county budgets, on the fourth Monday in June;
(b) For cities, on the fourth Tuesday in June;
(c) For school districts, on the fourth Wednesday in June; and
(d) For all other local governments, on the fourth Thursday in June.
The board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 367κ
Senate Bill No. 193Committee on Commerce and Labor
CHAPTER 196
AN ACT relating to professions; clarifying the terms certify and certification as used by professional engineers and land surveyors; and providing other matters properly relating thereto.
[Approved May 22, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 625 of NRS is hereby amended by adding thereto a new section to read as follows:
The use of the word certify or certification by a registered professional engineer or land surveyor in the practice of professional engineering or land surveying constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification.
________
Senate Bill No. 36Committee on Commerce and Labor
CHAPTER 197
AN ACT relating to pharmacy; defining the term practice of pharmacy; and providing other matters properly relating thereto.
[Approved May 22, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:
Practice of pharmacy includes, but is not limited to, the:
1. Performance or supervision of activities associated with manufacturing, compounding, labeling, dispensing and distributing of a drug.
2. Interpretation and evaluation of prescriptions or orders for medicine.
3. Participation in drug evaluation and drug research.
4. Advising of the therapeutic value, reaction, drug interaction, hazard and use of a drug.
5. Selection of the source, storage and distribution of a drug.
6. Maintenance of proper documentation of the source, storage and distribution of a drug.
7. Interpretation of clinical data contained in a persons record of medication.
8. Development of written guidelines and protocols in collaboration with a practitioner which are intended for a patient in a licensed medical facility and authorize the implementation, monitoring and modification of drug therapy.
9. Implementation and modification of drug therapy in accordance with the authorization of the prescribing practitioner for a patient in a pharmacy in which drugs, controlled substances, poisons, medicines or chemicals are sold at retail.
κ1991 Statutes of Nevada, Page 368 (CHAPTER 197, SB 36)κ
which drugs, controlled substances, poisons, medicines or chemicals are sold at retail.
The term does not include the changing of a prescription by a pharmacist or practitioner without the consent of the prescribing practitioner, except as otherwise provided in NRS 639.2583.
Sec. 2. NRS 639.001 is hereby amended to read as follows:
639.001 As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.
________
Assembly Bill No. 164Committee on Government Affairs
CHAPTER 198
AN ACT relating to the Colorado River commission; authorizing the issuance of additional bonds; repealing the commissions authority to issue certain bonds; and providing other matters properly relating thereto.
[Approved May 22, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 7 of chapter 482, Statutes of Nevada 1975, as last amended by chapter 432, Statutes of Nevada 1989, at page 929, is hereby amended to read as follows:
Sec. 7. 1. The commission, on the behalf and in the name of the state, may:
(a) Acquire, hold, improve and equip the facilities;
(b) Acquire, hold, improve, equip and dispose of properties appertaining to the facilities, including without limitation water and water rights, for the benefit and welfare of the people of the state;
(c) Acquire, improve and equip the facilities and electric properties, wholly or in part, directly by construction contract or indirectly by contract with the Federal Government, or otherwise, or any combination thereof, as the commission may from time to time determine; and
(d) Borrow money and otherwise become obligated in a total principal amount:
(1) Not exceeding $63,000,000 to defray wholly or in part the cost of acquiring, improving and equipping the state facilities, and issue state securities to evidence such obligations;
(2) [Not exceeding $192,500,000 to defray wholly or in part the cost of acquiring, improving and equipping the federal facilities, and issue state securities to evidence such obligations;
(3) Not exceeding $5,000,000 to provide funds to defray wholly or in part the cost of acquiring, reconductoring and otherwise improving and equipping electric properties to complement the facilities, and issue state securities to evidence such obligations;
κ1991 Statutes of Nevada, Page 369 (CHAPTER 198, AB 164)κ
(4)] Not exceeding $11,000,000 to defray wholly or in part the cost of improving a section of the Las Vegas Valley Lateral, a conduit of the Robert B. Griffith Water Project supplying water for industrial and municipal use, in order to protect it from erosion, and issue state securities to evidence such obligations;
[(5)] (3) Not exceeding $10,000,000 to defray wholly or in part the cost of emergency replacement or repair of the facilities or any properties appertaining to the facilities, and issue state securities to evidence such obligations;
[(6)] (4) Not exceeding $8,910,000 to defray wholly or in part the cost of acquiring, improving and equipping additional and existing laboratory, maintenance, operations and administrative facilities at the state facility;
[(7)] (5) Not exceeding $3,930,000 to defray wholly or in part the cost of restoring and replacing the communications network of the Southern Nevada Water System; [and
(8)] (6) Not exceeding $100,000,000 to repay in full to the Federal Government at a discount the remaining unpaid reimbursable costs of the federal facilities [.
2. The power to issue securities hereunder in a total principal amount not more than $192,500,000 under subparagraph (2) of paragraph (d) of subsection 1 decreases to the extent, for the acquisition of the federal facilities, Congress by federal act appropriates funds, the Office of Management and Budget apportions funds, the Bureau of Reclamation allots funds, the Federal Government is obligated to pay earnings under contract for the construction and other acquisition of the federal facilities, or any part thereof, and the state is obligated by contract with the Federal Government to pay to it sums equal to these earnings and any incidental expenses due under that contract; but the power to issue securities is not decreased because of any money due under that contract from the state to the Federal Government in the nature of interest charges to compensate it for money advanced by it until their repayment by the state.
3.] ;
(7) Not exceeding $175,000,000 to defray wholly or in part the cost of acquiring, improving and equipping existing and supplemental state and federal facilities;
(8) Not exceeding $40,000,000 to defray wholly or in part the cost of acquiring, improving and equipping existing and additional facilities to disinfect the water supply so that the quality of the water will comply with federal requirements regarding water quality; and
(9) Not exceeding $4,000,000 to defray wholly or in part the cost of acquiring, improving, equipping or replacing computers, computer programs and equipment for the treatment, testing, processing and delivery of water in and through the facilities.
2. The power to issue securities in a principal amount not more than $11,000,000 under subparagraph [(4)] (2) of paragraph (d), $10,000,000 under subparagraph [(5)] (3) of paragraph (d), $8,910,000 under subparagraph [(6)] (4) of paragraph (d) , [and] $3,930,000 under subparagraph [(7)] (5) of paragraph (d) , $175,000,000 under subparagraph (7) of paragraph (d), $40,000,000 under subparagraph (8) of paragraph (d) and $4,000,000 under subparagraph (9) of paragraph (d) respectively, of subsection 1 increases or decreases to the extent justified by reason of changes in procurement costs between :
κ1991 Statutes of Nevada, Page 370 (CHAPTER 198, AB 164)κ
subparagraph [(7)] (5) of paragraph (d) , $175,000,000 under subparagraph (7) of paragraph (d), $40,000,000 under subparagraph (8) of paragraph (d) and $4,000,000 under subparagraph (9) of paragraph (d) respectively, of subsection 1 increases or decreases to the extent justified by reason of changes in procurement costs between :
(a) December 31, 1984, for the purposes of subparagraphs [(4) and (5)] (2) and (3) of paragraph (d) of subsection 1 [and] ;
(b) December 31, 1988, for the purposes of subparagraphs [(6) and (7)] (4) and (5) of paragraph (d) of subsection 1 ; and
(c) December 31, 1990, for the purposes of subparagraphs (7), (8) and (9) of paragraph (d) of subsection 1,
and the date of procurement as indicated by engineering cost indexes applicable to this type of procurement. The power to issue such securities for the purposes of subparagraphs [(4), (5), (6) and (7)] (2), (3), (4), (5), (7), (8) and (9) of paragraph (d) of subsection 1 decreases to the extent that the Congress by federal act appropriates money, the Bureau of Reclamation allots money and the Federal Government is obligated to pay earnings under contract for the purposes specified in those subparagraphs or any part thereof.
Sec. 2. Any money borrowed or any other obligation incurred by the Colorado River commission, acting on the behalf and in the name of the State of Nevada, before the effective date of this act pursuant to subparagraphs (2) and (3) of paragraph (d) of subsection 1 of section 7 of chapter 482, Statutes of Nevada 1975, and any state securities issued to evidence such obligations, are recognized as continuing obligations of the State of Nevada, acting by and through the Colorado River commission, after the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 100Assemblymen Lambert, Elliott and Callister
CHAPTER 199
AN ACT relating to zoning; revising the provisions governing the notice of a hearing for a proposed zoning change or exception; and providing other matters properly relating thereto.
[Approved May 22, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.260 is hereby amended to read as follows:
278.260 1. The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts [must be] are determined, established and enforced, and from time to time amended.
2. A zoning regulation, restriction or boundary must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard.
κ1991 Statutes of Nevada, Page 371 (CHAPTER 199, AB 100)κ
an opportunity to be heard. [At least 10 days] The governing body shall cause notice of the time and place of the hearing [must] to be:
(a) Published in an official newspaper, or a newspaper of general circulation, in the city, county [,] or region; and
(b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question [.] ,
at least 10 days before the hearing.
3. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:
(a) Each owner, as listed on the county assessors records, of real property located within 300 feet of the portion of the boundary being changed;
(b) Each owner, as listed on the county assessors records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (a); and
(c) Any advisory board which has been established for the affected area by the governing body.
The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.
Sec. 2. NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits or other special exceptions by the board of adjustment or the planning commission. The governing body may impose this duty entirely on the board of adjustment or the planning commission, respectively, or provide for the granting of enumerated categories of variances, special use permits or special exceptions by the board or commission.
2. A hearing to consider an application for the granting of a variance, special use permit or special exception must be held before the board or commission within 65 days after the filing of the application. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
3. [Any such ordinance] If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to each owner, as listed on the county assessors records, of at least 30 parcels nearest to the property in question.
κ1991 Statutes of Nevada, Page 372 (CHAPTER 199, AB 100)κ
30 parcels nearest to the property in question. The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
4. An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board or commission to the governing body.
________
Assembly Bill No. 343Committee on Commerce
CHAPTER 200
AN ACT relating to banks; eliminating certain provisions relating to fees for the licensing of banks, prohibiting certain overdrafts from being considered assets of a bank; authorizing the commissioner of financial institutions to adopt certain regulations; and providing other matters properly relating thereto.
[Approved May 23, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 659.115 is hereby amended to read as follows:
659.115 1. No corporation , [which maintains an office in this state for the transaction of banking business,] except a bank maintaining an office in this state and doing business under the laws of the United States, may solicit or accept deposits in this state or otherwise engage in the banking business in this state without first obtaining from the commissioner, as provided in this section, a license authorizing the corporation to use the name and transact the business of a bank. The transacting of any banking business without such authority is a gross misdemeanor.
2. [The amount of fees to be paid for the license must be regulated in proportion to its authorized capitalization, as follows:
(a) A bank having a capitalization of more than $250,000 and up to and including $500,000 shall pay a license fee of $500.
(b) A bank having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.
(c) A bank having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.
3. In addition to the provisions of subsection 2, every such bank shall pay a license fee of $100 for each branch bank or branch office maintained by it.
4. Every such bank shall pay annually thereafter, on April 1 of each year, a license fee equal to the original license fee provided in this section.
5. All money collected under the provisions of this section must be paid into the state general fund and the state treasurer is required to issue his receipt therefor.
6. The provisions of this section do not apply to any bank while any portion of its deposits are restricted as to withdrawal pursuant to the provisions of this Title authorizing such restriction of withdrawals.
κ1991 Statutes of Nevada, Page 373 (CHAPTER 200, AB 343)κ
7.] For the purposes of this section, solicit deposits has the meaning ascribed to it in subsection 6 of NRS 80.240.
Sec. 2. NRS 661.205 is hereby amended to read as follows:
661.205 Any overdraft [indebtedness must be converted into a solvent note or actually paid within 30 days.] which is outstanding for more than 90 days may not be considered an asset of the bank unless it is adequately secured and in the process of being collected.
Sec. 3. NRS 662.145 is hereby amended to read as follows:
662.145 1. Subject to the limitations of NRS 662.155, the total outstanding loans of any bank to any person, company, corporation or firm, including in the loans to any unincorporated company or firm the loans to the several members thereof, may not at any time exceed 25 percent of the capital and surplus of the bank, actually paid in . [; but the] The discount of bills of exchange drawn in good faith against actual existing values, as collateral security, and a discount or purchase of commercial or business paper, actually owned by the persons, must not be considered as money loaned.
2. Neither the limitation on loans by banks contained in this section nor any other similar limitations contained in any law of this state relating to banks or banking apply to any loan or loans made by any bank to the extent that they are secured or covered by guarantees or by commitments or agreements to take over or to purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board, commission or establishment of the United States, including any corporation wholly owned, directly or indirectly, by the United States.
3. The commissioner may establish limitations on loans made by a bank to its directors, officers or employees and may establish requirements for the reporting of these loans.
4. The commissioner may adopt regulations necessary to carry out the provisions of this section.
Sec. 4. NRS 662.155 is hereby amended to read as follows:
662.155 1. The combination of investments in private securities provided for in subsection 5 of NRS 662.065, and outstanding loans provided for in subsection 1 of NRS 662.145, of any bank to any one obligor, person, company, corporation or firm, including any unincorporated company or firm and to the several members thereof, shall not at any time exceed 25 percent of the unimpaired capital and permanent surplus of [such] the bank.
2. The commissioner may adopt regulations necessary to carry out the provisions of this section.
________
κ1991 Statutes of Nevada, Page 374κ
Senate Bill No. 31Committee on Commerce and Labor
CHAPTER 201
AN ACT relating to pawnbrokers; requiring a person from whom property is received to certify that he has the legal right to pledge or sell the property; and providing other matters properly relating thereto.
[Approved May 23, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 646.020 is hereby amended to read as follows:
646.020 1. Every pawnbroker doing business in any incorporated city or unincorporated town in this state shall maintain in his place of business a book or other permanent record in which must be legibly written in the English language, at the time of each loan or purchase a record thereof containing:
(a) The date and time of the transaction.
(b) The name or other identification of the person or employee conducting the transaction.
(c) The name, age, street and house number, the serial number of one piece of positive identification or a work permit issued pursuant to NRS 463.335 and a general description of the complexion, color of hair, and facial appearance of the person with whom the transaction is had. In lieu of recording the serial number of a piece of positive identification or a work permit, the record may contain an indication that the pawnbroker knows the person with whom the transaction is had.
(d) A description of the property received in pledge. In the case of watches, the description must contain the name of the maker and the number of the works or the case. In the case of jewelry, all letters and marks inscribed thereon must be included in the description.
(e) The amount loaned.
(f) The number of any pawn ticket issued therefor.
2. The person with whom a transaction is had shall, at the time of the transaction, certify in writing that he has the legal right to pledge or sell the property.
3. The record and all goods received must at all times during the ordinary hours of business be open to the inspection of the district attorney or of any peace officer.
________
κ1991 Statutes of Nevada, Page 375κ
Senate Bill No. 322Committee on Government Affairs
CHAPTER 202
AN ACT relating to local governments; authorizing a county or district hospital under certain circumstances to reaward a contract without requiring that new bids be submitted; and providing other matters properly relating thereto.
[Approved May 23, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 332.065 is hereby amended to read as follows:
332.065 1. When a governing body or its authorized representative has advertised for or requested bids in letting a contract, the award [shall] must be made to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder [will] must be judged on the basis of price, conformance to specifications, bidders qualifications including [such] the bidders past performance in such matters, quality and utility of services, supplies, materials or equipment offered and their adaptability to the required purpose and in the best interest of the public, each of [such] the factors being considered.
2. If after the lowest responsive and responsible bidder has been awarded the contract, during the term of the contract he does not supply goods or services in accordance with the bid specifications, or if he repudiates the contract, the governing body of any hospital may reaward the contract to the next lowest responsive and responsible bidder without requiring that new bids be submitted. Reawarding the contract to the next lowest responsive and responsible bidder is not a waiver of any liability of the initial bidder awarded the contract.
________
Senate Bill No. 453Senator Titus
CHAPTER 203
AN ACT relating to medical practices; authorizing licensed practical nurses and registered nurses to manipulate persons for the collection of specimens; and providing other matters properly relating thereto.
[Approved May 23, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 652.210 is hereby amended to read as follows:
652.210 No person other than a licensed physician , a licensed practical nurse, a registered nurse or a licensed dentist may manipulate a person for the collection of specimens, except that technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or collect material for smears and cultures.
κ1991 Statutes of Nevada, Page 376 (CHAPTER 203, SB 453)κ
may collect blood, remove stomach contents, perform certain diagnostic skin tests or collect material for smears and cultures.
________
Senate Bill No. 40Committee on Commerce and Labor
CHAPTER 204
AN ACT relating to utility facilities; including water treatment facilities within the scope of environmental regulation as a utility facility; authorizing local governments in Nevada to commence to construct a utility facility without a permit from the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved May 23, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.845 is hereby amended to read as follows:
704.845 Local government means any county, municipality, district, agency or other unit of local government [.] in Nevada.
Sec. 2. NRS 704.860 is hereby amended to read as follows:
704.860 Utility facility means:
1. Electric generating plants and their associated facilities;
2. Electric transmission lines and transmission substations designed to operate at 200 kilovolts or more, and not required by local ordinance to be placed underground when constructed outside any incorporated city;
3. Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside any incorporated city;
4. Telephone and telegraph equipment buildings, their associated facilities and the sites thereof, when constructed outside any incorporated city;
5. Water storage , [and] transmission and treatment facilities; and
6. Sewer transmission and treatment facilities.
Sec. 3. NRS 704.865 is hereby amended to read as follows:
704.865 1. A person , other than a local government, shall not commence to construct a utility facility in the state without first having obtained a permit therefor from the commission. The replacement of an existing facility with a like facility, as determined by the commission, does not constitute construction of a utility facility. Any facility, with respect to which a permit is required, must thereafter be constructed, operated and maintained in conformity with the permit and any terms, conditions and modifications contained therein. A permit may only be issued pursuant to NRS 704.820 to 704.900, inclusive. Any authorization relating to a utility facility granted under other laws administered by the commission constitutes a permit under those sections if the requirements of those sections have been complied with in the proceedings leading to the granting of the authorization.
2. A permit may be transferred, subject to the approval of the commission, to a person who agrees to comply with the terms, conditions and modifications contained therein.
3. NRS 704.820 to 704.900, inclusive, do not apply to any utility facility:
κ1991 Statutes of Nevada, Page 377 (CHAPTER 204, SB 40)κ
(a) For which, before July 1, 1971, an application for the approval of the facility has been made to any federal, state, regional or local governmental agency which possesses the jurisdiction to consider the matters prescribed for finding and determination in NRS 704.890;
(b) For which, before July 1, 1971, a governmental agency has approved the construction of the facility and the person has incurred indebtedness to finance all or part of the cost of the construction; or
(c) Over which an agency of the Federal Government has exclusive jurisdiction.
4. Any person intending to construct a utility facility excluded from NRS 704.820 to 704.900, inclusive, pursuant to paragraph (a) or (b) of subsection 3 may elect to waive the exclusion by delivering notice of its waiver to the commission. NRS 704.820 to 704.900, inclusive, thereafter apply to each utility facility identified in the notice from the date of its receipt by the commission.
________
Senate Bill No. 98Committee on Judiciary
CHAPTER 205
AN ACT relating to parole; changing the manner in which the department of parole and probation makes pro rata distributions of money received from a parolee as restitution; and providing other matters properly relating thereto.
[Approved May 23, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.126 is hereby amended to read as follows:
213.126 1. Unless complete restitution was made while the parolee was incarcerated, the board shall impose as a condition of parole, in appropriate circumstances, a requirement that the parolee make restitution to the person or persons named in the statement of parole conditions, at the times specified in the statement unless the board finds that restitution is impracticable. The amount of restitution must be the amount set by the court pursuant to NRS 176.033. In appropriate circumstances, the board shall provide for an assignment of wages earned by the parolee while on parole to the department for restitution.
2. All money received by the department for restitution for:
(a) One victim may; and
(b) More than one victim must,
be deposited in the state treasury for credit to the restitution trust fund which is hereby created. [Upon deposit, the]
3. The department shall make pro rata payments from the money received from the parolee to each person to whom the restitution was ordered pursuant to NRS 176.033. Such a payment must be made:
κ1991 Statutes of Nevada, Page 378 (CHAPTER 205, SB 98)κ
(a) If the money received from the parolee in a single payment is $200 or more or if the total accumulated amount received from the parolee is $200 or more, whenever money is received from the parolee.
(b) If the money received from the parolee in a single payment is less than $200 or if the total accumulated amount received from the parolee is less than $200, at the end of each year until the parolee has paid the entire restitution owed.
Any money received from the parolee that is remaining at the end of each year must be paid at that time in pro rata payments to each person to whom the restitution was ordered. A final pro rata payment must be made to such persons when the parolee pays the entire restitution owed.
4. A person to whom restitution was ordered pursuant to NRS 176.033 may at any time file an application with the department requesting the department to make a pro rata payment from the money received from the parolee. If the department finds that the applicant is suffering a serious financial hardship and is in need of financial assistance, the department shall pay to the applicant his pro rata share of the money received from the parolee.
5. All payments from the fund must be paid as other claims against the state are paid.
[3.] 6. If restitution is not required, the board shall set forth the circumstances upon which it finds restitution impracticable in its statement of parole conditions.
[4.] 7. Failure to comply with a restitution requirement imposed by the board is a violation of a condition of parole unless the parolees failure was caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of that hardship.
[5.] 8. If, within 3 years after the parolee is discharged from parole, the department has not located the person to whom the restitution was ordered, the money paid to the department by the parolee must be deposited in the fund for the compensation of victims of crime.
________
Senate Bill No. 161Committee on Judiciary
CHAPTER 206
AN ACT relating to gaming; repealing the prospective expiration of the provision authorizing the operation of a sports pool or race book at a nonrestricted operation by a licensee other than the holder of the nonrestricted license; and providing other matters properly relating thereto.
[Approved May 23, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 519, Statutes of Nevada 1989, at page 1097, is hereby repealed.
κ1991 Statutes of Nevada, Page 379 (CHAPTER 206, SB 161)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 505Committee on Finance
CHAPTER 207
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved May 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 $3,150,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 21Committee on Commerce and Labor
CHAPTER 208
AN ACT relating to professional therapists; reducing retroactively the grade an applicant must attain to pass the examination for licensure as a marriage and family therapist; and providing other matters properly relating thereto.
[Approved May 23, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 641A.230 is hereby amended to read as follows:
641A.230 1. Except as otherwise provided in subsection 2, each qualified applicant for a license must be given a written examination by the board on his knowledge of marriage and family therapy. Examinations must be given at a time and place and under such supervision as the board may determine. A grade of [75] 70 percent is a passing grade.
2. The board shall accept receipt of a passing grade by a qualified applicant on the national examination sponsored by the American Association for Marriage and Family Therapy in lieu of requiring a written examination pursuant to subsection 1.
3. In addition to the requirements of subsections 1 and 2, the board may require an oral examination. The board may examine in whatever applied or theoretical fields it deems appropriate.
Sec. 2. The amendatory provisions of this act are effective retroactively from January 1, 1989.
________
κ1991 Statutes of Nevada, Page 380κ
Assembly Bill No. 464Assemblymen Gibbons, Johnson, Anderson, Scherer, Petrak, Little, Carpenter, Haller, Hardy, Freeman, Norton, Callister, Garner, Spriggs and Gregory
CHAPTER 209
AN ACT relating to fire protection; authorizing the state forester firewarden to remove a fire hazard from property located within his jurisdiction; authorizing certain districts receiving federal aid to remove a fire hazard from property located within the district; authorizing a county fire protection district to remove a fire hazard from property located within the district; and providing other matters properly relating thereto.
[Approved May 23, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 472 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any owner of lands within the jurisdiction of the state forester firewarden shall eliminate and remove a fire hazard on his property when directed to do so by the state forester firewarden.
2. If the owner does not comply within the time specified by the state forester firewarden, the state forester firewarden may eliminate and remove the fire hazard and may for this purpose contract with any person for the performance of the work.
3. The cost incurred by the state forester firewarden in eliminating and removing the fire hazard may be recovered directly from the owner of the property or the state forester firewarden may make the cost a special assessment against the real property. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the collection and enforcement of county taxes are applicable to the special assessment.
Sec. 2. Chapter 473 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any owner of lands within a fire protection district created pursuant to this chapter shall eliminate and remove a fire hazard on his property when directed to do so by the board.
2. If the owner does not comply within the time specified by the board, the board may eliminate and remove the fire hazard and may for this purpose contract with any person for the performance of the work.
3. The cost incurred by the district in eliminating and removing the fire hazard may be recovered directly from the owner of the property or the district may make the cost a special assessment against the real property. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the collection and enforcement of county taxes are applicable to the special assessment.
κ1991 Statutes of Nevada, Page 381 (CHAPTER 209, AB 464)κ
4. As used in this section, board means the board of directors of the district.
Sec. 3. Chapter 474 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any owner of lands within a fire protection district created pursuant to this chapter shall eliminate and remove a fire hazard on his property when directed to do so by the board.
2. If the owner does not comply within the time specified by the board, the board may eliminate and remove the fire hazard in the manner permitted by NRS 474.160 or 474.470, whichever applies, and may for this purpose contract with any person for the performance of the work.
3. The cost incurred by the district in eliminating and removing the fire hazard may be recovered directly from the owner of the property or the district may make the cost a special assessment against the real property. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the collection and enforcement of county taxes are applicable to the special assessment.
4. As used in this section, board means the board of directors or the board of fire commissioners of the district, as the case may be.
Sec. 4. NRS 474.160 is hereby amended to read as follows:
474.160 The board of directors shall:
1. Manage and conduct the business and affairs of the district.
2. Make and enforce all rules and regulations necessary for the administration and government of the district and for the furnishing of fire protection thereto, which may include regulations relating to fire prevention. The regulations may include provisions that are designed to protect life and property from:
(a) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and
(b) Hazardous conditions relating to the use or occupancy of any premises. Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section must be consistent with any plan or ordinance concerning such substances, materials or devices that is required by the Federal Government and has been adopted by a board of county commissioners.
3. Make and execute in the name of the district all necessary contracts.
4. Adopt a seal for the district to be used in the attestation of proper documents.
5. Provide for the payment from the proper fund of all the debts and just claims against the district.
6. Employ agents and employees for the district sufficient to maintain and operate the property acquired for the purposes of the district.
7. Acquire real or personal property necessary for the purposes of the district and dispose of that property when no longer needed.
8. Construct any necessary structures.
κ1991 Statutes of Nevada, Page 382 (CHAPTER 209, AB 464)κ
9. Acquire, hold and possess, either by donation or purchase, in the name and on behalf of the district any land or other property necessary for the purpose of the district.
10. Eliminate and remove fire hazards within the district whenever practicable and possible, whether on private or public premises, and to that end the board may clear the public highways and [, where permitted,] private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.
11. Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.010 to 474.450, inclusive.
Sec. 5. NRS 474.470 is hereby amended to read as follows:
474.470 The board of fire commissioners shall:
1. Manage and conduct the business and affairs of districts organized pursuant to the provisions of NRS 474.460.
2. Promulgate and enforce all regulations necessary for the administration and government of the districts and for the furnishing of fire protection.
3. Organize, regulate, establish and disband fire companies, departments or volunteer fire departments for the districts.
4. Provide for the payment of salaries to the personnel of such fire companies or fire departments.
5. Provide for payment from the proper fund of all the debts and just claims against the districts.
6. Employ agents and employees for the districts sufficient to maintain and operate the property acquired for the purposes of the districts.
7. Acquire real or personal property necessary for the purposes of the districts and dispose of the same when no longer needed.
8. Construct any necessary structures.
9. Acquire, hold and possess, either by donation or purchase, any land or other property necessary for the purpose of the districts.
10. Eliminate and remove fire hazards from the districts wherever practicable and possible, whether on private or public premises, and to that end the board of fire commissioners may clear the public highways [, and, where permitted,] and private lands [,] of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.
11. Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.460 to 474.540, inclusive.
Sec. 6. NRS 318.1181 is hereby amended to read as follows:
318.1181 In the case of a district created wholly or in part for the purpose of furnishing fire protection, the board may:
1. Acquire fire protection equipment and acquire, construct or improve fire protection facilities and make improvements necessary and incidental thereto;
2. Eliminate fire hazards existing within the district [;] in the manner prescribed in section 3 of this act for districts created pursuant to chapter 474 of NRS;
3. Clear public highways and private lands of dry grass, stubble, bushes, rubbish and other inflammable material which in its judgment constitutes a fire hazard;
κ1991 Statutes of Nevada, Page 383 (CHAPTER 209, AB 464)κ
4. Coordinate fire protection activities with the state forester firewarden and the state board of forestry and fire control; and
5. Cooperate with the state forester firewarden and the state board of forestry and fire control in formulating a statewide plan for the prevention and control of fires.
Sec. 7. This act becomes effective upon passage and approval.
________
Senate Bill No. 250Committee on Commerce and Labor
CHAPTER 210
AN ACT relating to breweries; authorizing the operation of a brewery under certain circumstances; and providing other matters properly relating thereto.
[Approved May 23, 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:
1. In a county whose population is 100,000 or more, a person may operate a brewery in any redevelopment area established in that county pursuant to NRS 279.382 to 279.680, inclusive, or in any historic district established in that county pursuant to NRS 384.005, or in both a redevelopment area and a historic district established in that county. Such a brewery may not manufacture more than 5,000 barrels of malt beverages in any calendar year.
2. In a county whose population is less than 100,000, a person may operate a brewery:
(a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.680, inclusive, or in any historic district established in that county pursuant to NRS 384.005, or in both a redevelopment area and a historic district established in that county. Such a brewery may not manufacture more than 5,000 barrels of malt beverages in any calendar year.
(b) In any other area in the county designated by the board of county commissioners for the operation of breweries. Such a brewery may not manufacture more than 3,000 barrels of malt beverages in any calendar year.
3. The premises of any brewery operated pursuant to this section must be conspicuously identified as a brew pub.
4. A person who operates a brewery pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and any other applicable governmental requirements:
(a) Manufacture and store malt beverages on the premises of the brewery and sell and transport the malt beverages manufactured on the premises to a person holding a valid wholesale wine and liquor dealers license or wholesale beer dealers license issued pursuant to chapter 369 of NRS.
κ1991 Statutes of Nevada, Page 384 (CHAPTER 210, SB 250)κ
(b) Sell at retail malt beverages manufactured on or off the premises of the brewery for consumption on the premises.
(c) Sell at retail in packages sealed on the premises of the brewery, malt beverages, including malt beverages in unpasteurized form, manufactured on the premises for consumption off the premises.
5. As used in this section, malt beverage means beer, ale, porter, stout and other similar fermented beverages of any name or description, brewed or produced from malt, wholly or in part.
Sec. 2. NRS 598.355 is hereby amended to read as follows:
598.355 1. Except as otherwise provided in section 1 of [this act,] Assembly Bill No. 203 of this session, 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 he was so engaged on or before May 1, 1975, and then only to the extent so engaged.
2. This section does not [preclude] :
(a) 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.
(b) Prohibit a person from brewing and selling a malt beverage pursuant to section 1 of this act.
Sec. 3. NRS 598.359 is hereby amended to read as follows:
598.359 The license of any person who violates the provisions of NRS 598.355 or 598.357 [shall] or section 1 of this act must be suspended or revoked in the manner provided in chapter 369 of NRS.
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 this state unless he first secures an importers license or permit from this state.
2. Engage in business as a wholesale dealer of wines and liquors in this state unless he first secures a wholesale wine and liquor dealers license from this state.
3. Engage in business as a wholesale dealer of beer in this state unless he first secures a wholesale beer dealers license from 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.
5. Operate a brewery in this state unless he first secures a brewers 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
Brewers license................................................................................. 75
κ1991 Statutes of Nevada, Page 385 (CHAPTER 210, SB 250)κ
Sec. 6. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 549Committee on Natural Resources, Agriculture and Mining
CHAPTER 211
AN ACT relating to minerals; requiring timely payment of the money derived from the sale of the production from an oil or gas well located in the state; providing for payment of that money into an escrow account in certain circumstances; requiring interest on untimely payments; and providing other matters properly relating thereto.
[Approved May 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 522 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Lessee means the person entitled under an oil and gas lease to drill and operate wells.
Sec. 3. Operator means a person engaged in the business of drilling wells capable of producing oil or gas.
Sec. 4. 1. The owner, lessee, operator or other person who is liable for payment of the money derived from the sale of the production from an oil or gas well located in the state shall:
(a) Pay the money directly to each person identified as being legally entitled thereto not later than:
(1) Six months after the first day of the month following the date of the first sale of the production, and thereafter not later than 60 days after the end of the month within which subsequent production is sold; or
(2) Twelve months after the first day of the month following the date of the first sale of the production, and every 12 months thereafter, if the amount owed is $25 or less.
(b) If unable to pay timely any portion of the money because of inability to locate a person entitled to receive the money or for any other reason, deposit the unpaid portion of the money in an escrow account in a federally insured bank or savings and loan institution in Nevada, using a standard escrow document form approved by the attorney general of Nevada. The deposit must earn interest at the highest rate being offered by that institution for similar deposits. The escrow agent may commingle money so received into escrow from any one source. The escrow agent shall pay the appropriate amount of principal and accrued interest from such an account to a person legally entitled thereto within 30 days after the date of receipt by the escrow agent of a final legal determination of entitlement thereto. Applicable escrow fees must be deducted from the payment.
2. Any person who violates the provisions of subsection 1 is liable to each person legally entitled thereto for the unpaid amounts of money, together with interest at the rate of 18 percent per annum on the unpaid balance from the date the payment was due pursuant to paragraph (a) of subsection 1.
κ1991 Statutes of Nevada, Page 386 (CHAPTER 211, AB 549)κ
interest at the rate of 18 percent per annum on the unpaid balance from the date the payment was due pursuant to paragraph (a) of subsection 1.
3. This section does not apply to payments from an owner, lessee, operator or other person who is liable for payment of the money derived from the sale of the production from an oil or gas well located in this state to a person identified as being legally entitled to such a payment if those persons have agreed in writing to some other period of payment for the first payment or for subsequent payments.
Sec. 5. NRS 522.020 is hereby amended to read as follows:
522.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 522.021 to 522.039, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
________
Assembly Bill No. 524Committee on Government Affairs
CHAPTER 212
AN ACT relating to liquefied petroleum gas; making various changes in the composition and duties of the board for the regulation of liquefied petroleum gas; authorizing the board to adopt certain regulations; eliminating the requirement that applications for certain licenses be submitted 30 days before a regular meeting of the board; and providing other matters properly relating thereto.
[Approved May 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 590.485 is hereby amended to read as follows:
590.485 1. The board for the regulation of liquefied petroleum gas, consisting of [five] six members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) One member who is a volunteer fireman in a rural area of this state.
(b) One member who is a fireman employed by the fire department of a city in this state.
(c) [One member who is] Two members who are or who have been engaged in the sale or distribution of liquefied petroleum gas in this state. Each member appointed pursuant to this paragraph may be appointed from a separate list of three nominees for appointment if such list of nominees is provided to the governor by the Nevada Propane Dealers Association.
(d) Two members who are representatives of the general public.
3. After the initial terms, the members of the board must be appointed to terms of 4 years.
4. Any appointed member may, for cause, inefficiency or neglect of duties, be removed from office by the governor.
5. Each member of the board is entitled to receive a salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board.
κ1991 Statutes of Nevada, Page 387 (CHAPTER 212, AB 524)κ
6. While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
7. The salaries, per diem allowances and travel expenses of the members and employees of the board must be paid out of the money of the board, after approval by a majority of the board.
8. No more than three members of the board may belong to the same political party.
Sec. 2. NRS 590.505 is hereby amended to read as follows:
590.505 1. The board may adopt a seal for its own use which must have imprinted thereon the words Board for the Regulation of Liquefied Petroleum Gas. The care and custody of the seal is the responsibility of the secretary-treasurer of the board.
2. The board may appoint an executive secretary and [shall] may employ or, pursuant to NRS 284.173, contract with such other technical, clerical or investigative personnel as it deems necessary. The board shall fix the compensation of the executive secretary and all other employees [, to] and independent contractors. Such compensation must be paid out of the money of the board. The board may require the executive secretary and any other employees and independent contractors to give a bond to the board for the faithful performance of their duties, the premiums on the bond being paid out of the money of the board.
3. In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and holding its regular or special meetings, the board [shall adopt:
(a) Written] :
(a) Shall adopt written policies setting forth procedures and methods of operation for the board.
(b) [Regulations describing the responsibilities of each employee of the board.] May adopt such regulations as it deems necessary.
4. The board shall submit to the legislature and the governor a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of that year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the board during the period and any complaints received by the board.
5. The board shall keep accurate records and minutes of all meetings and the records and minutes so kept must be open to public inspection at all reasonable times. The board shall also keep a record of all applications for licenses, and licenses issued by it . [, which] The record of applications and licenses is a public record.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 590.545 is hereby amended to read as follows:
590.545 1. Except as otherwise provided in subsection 2, no political subdivision may adopt or enforce any ordinance or regulation in conflict with the provisions of NRS 590.465 to 590.645, inclusive, or with the regulations adopted pursuant to NRS [590.515 and 590.519.] 590.465 to 590.645, inclusive.
2. If a political subdivision determines that higher or more stringent standards concerning a particular installation or storage of liquefied petroleum gas within its jurisdiction are necessary, it may request the board to consider the matter at a joint public meeting.
κ1991 Statutes of Nevada, Page 388 (CHAPTER 212, AB 524)κ
the matter at a joint public meeting. The board shall schedule and conduct such a meeting within 30 days after receiving the request. If, at the joint meeting, a majority of the members of the board and a majority of the members of the governing body of the political subdivision agree:
(a) That higher or more stringent standards should apply in that particular case; and
(b) Upon what those standards should be,
then the governing body of the political subdivision may adopt those standards for that particular case.
Sec. 5. NRS 590.555 is hereby amended to read as follows:
590.555 1. Applications for any licenses required by NRS 590.465 to 590.645, inclusive, [shall] must be made to the board prior to conducting any business of installing equipment for the use of LPG or prior to engaging in the business of selling LPG . [, and no] No person may install or conduct any business of installing equipment for the use of LPG or engage in the business of selling LPG until such person has obtained a license from the board.
2. The application [shall] must include the name and address of the applicant, and, if a partnership, the names and addresses of all partners, and if a corporation, association or other organization, the names and addresses of the president, vice president, secretary and managing officers.
3. Each application [shall] must be accompanied by the application fee and the annual license fee for the particular classification for each business or premises for which the license is sought as provided for in NRS 590.465 to 590.645, inclusive.
[4. In order to be considered at a regular meeting of the board, the application for a license must be submitted at least 30 days prior to the date of such meeting.]
Sec. 6. The governor shall appoint the second member pursuant to paragraph (c) of subsection 2 of NRS 590.485, as amended by section 1 of this act, as soon as is practicable.
Sec. 7. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 477Assemblymen Norton, Bennett, Petrak, Garner, Little, Gregory, Scherer, Elliott, Anderson and Porter
CHAPTER 213
AN ACT relating to utilities for mobile home parks; limiting the manner in which a landlord of a mobile home park may interrupt service for the nonpayment of charges; and providing other matters properly relating thereto.
[Approved May 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.930 is hereby amended to read as follows:
κ1991 Statutes of Nevada, Page 389 (CHAPTER 213, AB 477)κ
704.930 If a utility furnishes service to a mobile home park and the landlord of the park charges his tenants for that service, he shall:
1. Provide that service to his tenants in a manner which is consistent with the utilitys tariffs on file with the commission and any law, ordinance or governmental regulation relating to the provision of those services. The landlord shall not interrupt such a service for nonpayment of charges unless the interruption is performed in a manner which is consistent with the utilitys tariffs on file with the commission and any law, ordinance or governmental regulation relating to the manner of interrupting such a service for nonpayment of charges.
2. Not more than 5 days after he receives notice of a proposed increase in the utilitys rates, give notice to his tenants of the proposed increase.
________
Assembly Bill No. 388Committee on Labor and Management
CHAPTER 214
AN ACT relating to industrial insurance; requiring the department of industrial relations to develop standards for the medical care of employees with industrial injuries or occupational diseases; and providing other matters properly relating thereto.
[Approved May 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department shall, after consulting with and considering the advice of persons representative of organized labor groups, employers, insurers and providers of health care, adopt regulations establishing standards of care for the provision of accident benefits to employees who have suffered industrial injuries or occupational diseases. The standards must include, but are not limited to criteria and protocols to be used as minimal guides for evaluating and ensuring the quality of programs of treatment and for reviewing the:
(a) Utilization of diagnostic procedures and the provision of other medical services;
(b) Treatment and expected durations of industrial injuries and occupational diseases;
(c) Utilization of narcotic drugs and other forms of medication;
(d) Referral of patients to obtain a second opinion; and
(e) Provision of care by more than one provider of health care.
The standards must be consistent with national or regional guidelines and must be specific to medicine for industrial injuries and occupational diseases.
2. The department shall, after consulting with and considering the advice of persons representative of organized labor groups, employers, insurers and providers of health care, periodically review and revise as necessary the standards established pursuant to subsection 1.
κ1991 Statutes of Nevada, Page 390 (CHAPTER 214, AB 388)κ
3. An insurer and each person who provides any accident benefit to an employee who has suffered an industrial injury or occupational disease shall comply with the regulations adopted pursuant to this section.
Sec. 2. 1. This act becomes effective upon passage and approval for the purpose of adopting the regulations required pursuant to section 1 of this act, and on January 1, 1992, for all other purposes.
2. In furtherance of section 1 of this act, the department shall, on or before January 1, 1992, adopt standards of care for injuries of the back, knee, hand and wrist. On or before January 1, 1992, the department shall begin adopting standards of care for the remaining industrial injuries and occupational diseases in ranked order as determined by the director on the basis of frequency of injury, occurrence of disease and cost to insurers. The standards for the remaining industrial injuries and occupational diseases must be adopted in full on or before July 1, 1992.
________
Assembly Bill No. 367Committee on Government Affairs
CHAPTER 215
AN ACT relating to local financial administration; imposing generally accepted accounting principles on certain statements and schedules required for internal service funds; and providing other matters properly relating thereto.
[Approved May 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.612 is hereby amended to read as follows:
354.612 1. A local government may establish by resolution one or more internal service funds. The resolution establishing the fund must set forth in detail:
(a) The object or purpose of the fund;
(b) The resources to be used to establish the fund;
(c) The source or sources from which the fund will be replenished; and
(d) The method for controlling expenses and revenues of the fund.
2. In establishing an internal service fund, a local government shall, besides furnishing working capital for the fund, provide that one of its financial objectives is to recover the complete costs of operation of the activity being financed, including overhead, without producing any significant amount of profit in the long run.
3. Financial statements and other schedules required for internal service funds must be prepared in accordance with generally accepted accounting principles.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 391κ
Assembly Bill No. 291Assemblymen McGaughey, Stout, Callister, Bennett, Haller, Bayley, Wendell Williams, Kerns, Wong, Krenzer, Goetting, Bergevin, Humke, Porter, Bache, Elliott, Little, McGinness, Lambert, Anderson, Pettyjohn, Garner, Norton and Gregory
CHAPTER 216
AN ACT relating to false personation; increasing the penalty for the sale, loan or gift of a counterfeit, forged or otherwise altered document for personal identification to a person under 21 years of age; and providing other matters properly relating thereto.
[Approved May 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.460 is hereby amended to read as follows:
205.460 1. Every person who [shall counterfeit, forge, alter, erase or obliterate,] counterfeits, forges, alters, erases or obliterates, or who attempts to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document, or any photocopy print, photostat, or other replica of any card, writing, paper or document which is designed for the purpose of personal identification and which bears the age of the holder or purported holder thereof, or which, although not designed for the purpose of personal identification, is commonly used, or capable of being used for the purpose of personal identification and bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document, or photocopy print, photostat or other replica thereof, [should] be used by a person under the age of 21 years to establish falsely or misrepresent his actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in [such] gambling establishments, shall be guilty of a misdemeanor. [Included among, but not limited to,] For the purposes of this subsection, the cards, writings, papers or documents and the photocopy prints or other replicas thereof which, although not designed for the purpose of personal identification, are commonly used, or capable of being used, for the purpose of personal identification, [are the following: Operators] include, but are not limited to, an operators license, chauffeurs license, fishing or hunting license, selective service card, organizational membership card, certificate of discharge from the Armed Forces, or certificate or other record of birth.
2. Every person who [shall sell, lend, give away or offer, or attempt] sells, lends, gives away or offers, or attempts to sell, lend, give away or offer, any counterfeited, forged, altered, erased or obliterated card, writing, paper or document, or photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, to a person under the age of 21 years, shall be guilty of a gross misdemeanor.
3. Every person under the age of 21 years who [shall use or attempt] uses or attempts to use or [shall proffer] proffers any counterfeited, forged, erased or obliterated card, writing, paper, document, or any photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, for the purpose and with the intention of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in [such] gambling establishments, or who actually purchases alcoholic liquor or is actually served alcoholic liquor in a place where it is served for consumption on the premises, or actually enters a gambling establishment or actually gambles therein, when [such] the purchase, service, entering or gambling is induced or permitted by the presentation of any such card, writing, paper or document, or any photocopy print, photostat or other replica thereof, shall be guilty of a misdemeanor.
κ1991 Statutes of Nevada, Page 392 (CHAPTER 216, AB 291)κ
purpose and with the intention of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in [such] gambling establishments, or who actually purchases alcoholic liquor or is actually served alcoholic liquor in a place where it is served for consumption on the premises, or actually enters a gambling establishment or actually gambles therein, when [such] the purchase, service, entering or gambling is induced or permitted by the presentation of any such card, writing, paper or document, or any photocopy print, photostat or other replica thereof, shall be guilty of a misdemeanor.
4. In any criminal prosecution or proceeding for the suspension or revocation of any license based upon the violation of any law making it unlawful to sell, serve or furnish a person under the age of 21 years alcoholic liquor or upon violation of any law making it unlawful to allow a person under the age of 21 years to enter a gambling establishment or engage in gambling in [such] a gambling establishment, proof that the defendant licensee, or his agent or employee, demanded and was shown, immediately [prior to] before furnishing any alcoholic liquor to a person under the age of 21 years or allowing a person under the age of 21 years to enter a gambling establishment or engage in gambling in [such] a gambling establishment, bona fide documentary evidence of the majority and identity of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, [a motor vehicle] an operators license [,] for a motor vehicle, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces, is a defense to the prosecution or proceeding for the suspension or revocation of any license.
________
Assembly Bill No. 236Committee on Legislative Functions and Elections
CHAPTER 217
AN ACT relating to legislative audits; requiring the chairman of the legislative commission to designate alternates for the members of the audit subcommittee; making various changes relating to legislative audits; authorizing the legislative commission to adopt certain regulations relating to legislative audits; and providing other matters properly relating thereto.
[Approved May 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.6823 is hereby amended to read as follows:
218.6823 1. There is hereby created an audit subcommittee of the legislative commission consisting of five members.
2. The chairman of the legislative commission shall appoint the members of the subcommittee from among the members of the legislative commission and the interim finance committee and shall designate one of the members of the subcommittee as chairman.
κ1991 Statutes of Nevada, Page 393 (CHAPTER 217, AB 236)κ
and the interim finance committee and shall designate one of the members of the subcommittee as chairman.
3. The chairman of the legislative commission shall designate five legislators from among the members of the legislative commission and the interim finance committee to serve as alternates for the members of the audit subcommittee.
4. The legislative auditor or a member of his staff appointed by him shall serve as secretary of the subcommittee.
[4.] 5. The subcommittee shall meet at the times and places specified by a call of the chairman. Three members of the subcommittee constitute a quorum, and a quorum may exercise any power or authority conferred on the subcommittee.
Sec. 2. NRS 218.823 is hereby amended to read as follows:
218.823 1. The legislative auditor shall present a final written report of each audit to the legislative commission and furnish copies to all members of the legislature, other appropriate state officers and the head of the agency audited.
2. The legislative commission may by regulation provide for the [presentation] :
(a) Presentation of the final written report of each audit to the audit subcommittee before the report is presented to the legislative commission.
(b) Distribution of copies of the final written report of an audit to each member of the legislative commission or audit subcommittee, or both, before the report is presented to the legislative commission.
(c) Distribution of copies of the final written report or a summary of the final report to all members of the legislature, other appropriate state officers and the head of the agency audited after the final report is presented to the audit subcommittee.
3. Except as otherwise [required] provided by this chapter, the legislative auditor shall not disclose the content of any audit before it is presented to the [legislative commission.] :
(a) Audit subcommittee, if the final written report is presented to the audit subcommittee pursuant to regulations adopted by the legislative commission.
(b) Legislative commission, if the final written report is not presented to the audit subcommittee pursuant to regulations adopted by the legislative commission.
Sec. 3. NRS 218.8235 is hereby amended to read as follows:
218.8235 1. The legislative commission or the audit subcommittee shall notify an agency of the state of [the commissions] its acceptance of a final written report of an audit by the legislative auditor that concerns the agency and contains any recommendations for corrective action. Within 60 working days after the receipt of notification, if corrective action is recommended for:
(a) The judicial department of the state, the court administrator shall submit a plan for corrective action to the legislative auditor and a copy of the plan to the director of the department of administration.
(b) An elected officer of the state, the officer shall submit a plan for corrective action to the legislative auditor and a copy of the plan to the director of the department of administration.
κ1991 Statutes of Nevada, Page 394 (CHAPTER 217, AB 236)κ
(c) Any other agency of the state, the agency shall submit a plan for corrective action to the director of the department of administration and a copy of this plan to the legislative auditor. The agency shall commence corrective action pursuant to the plan immediately after its submission.
2. The legislative auditor shall notify the [legislative commission] :
(a) Audit subcommittee, if the final written report was first presented to the audit subcommittee pursuant to regulations adopted by the legislative commission; or
(b) Legislative commission, if the final written report was first presented to the legislative commission,
of any failure to submit a plan pursuant to subsection 1.
Sec. 4. NRS 218.8245 is hereby amended to read as follows:
218.8245 1. Each person who submits a plan pursuant to paragraph (a) or (b) of subsection 1 of NRS 218.8235 shall, within 6 months after submission of the plan, submit to the legislative auditor a report specifying the extent to which the recommendations of the legislative auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.
2. The director of the department of administration shall, within 6 months after the period for submission of plans pursuant to paragraph (c) of subsection 1 of NRS 218.8235, submit to the legislative auditor a report specifying the extent to which the recommendations of the legislative auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.
3. The legislative auditor shall submit each report received pursuant to subsections 1 and 2 to the legislative commission and the interim finance committee. If the legislature is in session, the legislative auditor shall also submit the reports to each member of the assembly standing committee on ways and means and the senate standing committee on finance. The legislative commission may review the reports, conduct hearings to examine any justification for a failure to carry out the recommendations of the legislative auditor and report its findings to the legislature.
4. The legislative auditor shall notify the:
(a) Audit subcommittee, if so authorized by regulations adopted by the legislative commission; or
(b) Legislative commission,
of any failure to submit a report pursuant to subsection 1 or 2.
5. The legislative commission may by regulation:
(a) Provide that reports received by the legislative auditor pursuant to subsections 1 and 2 must be submitted to the audit subcommittee before they are submitted to the legislative commission.
(b) Authorize the audit subcommittee to:
(1) Review the reports;
(2) Conduct hearings to examine any justification for a failure to carry out the recommendations of the legislative auditor; and
(3) Report its findings to the legislative commission.
Sec. 5. NRS 218.893 is hereby amended to read as follows:
218.893 1. The audit subcommittee shall confer with the legislative auditor to establish standards of performance to be required of a firm chosen to perform an audit.
κ1991 Statutes of Nevada, Page 395 (CHAPTER 217, AB 236)κ
to perform an audit. The audit subcommittee shall conduct negotiations with each of the firms recommended for consideration by the legislative auditor and shall select the firm or firms which, in the judgment of the audit subcommittee, are best qualified to meet the standards of performance established. During the negotiations and in making its selection, the audit subcommittee shall consider:
(a) The competency of the firms being considered;
(b) The estimated cost of the services required to conduct the audit; and
(c) The scope and complexity of the services required.
2. Each contract for an audit must be signed by the legislative auditor and an authorized representative of the firm selected to perform the audit. The legislative auditor shall periodically inspect the performance of the firm performing the audit to ensure that the terms of the contract are being complied with.
3. Except as otherwise provided in NRS 218.891 and 218.892 and in this section, the officers and employees of a firm performing an audit shall keep information disclosed by an audit in strict confidence and shall not disclose the contents of an audit before it is presented to the audit subcommittee. The officers and employees of the firm have the same rights of access to books, accounts, records, files, correspondence or other documents that the legislative auditor has.
4. At the conclusion of the audit, the firm or firms which have performed the audit shall submit a written report of the audit to the legislative auditor. The legislative auditor shall follow the procedures set forth in NRS 218.821, concerning preliminary audit reports and shall attend, or have a member of his staff attend, the discussion held pursuant to that section.
5. The legislative commission may by regulation provide for the distribution of copies of the written report submitted to the legislative auditor pursuant to subsection 4, to each member of the audit subcommittee before the report is presented to the audit subcommittee pursuant to subsection 6.
6. The legislative auditor shall present the final audit report to the audit subcommittee and thereafter distribute the report or a summary of the report to members of the legislature, other appropriate state officers and the head of the agency audited.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 396κ
Assembly Bill No. 110Committee on Government Affairs
CHAPTER 218
AN ACT relating to cultural activities; including cultural activities within the scope of the powers of counties and cities concerning parks and recreation; and providing other matters properly relating thereto.
[Approved May 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.300 is hereby amended to read as follows:
244.300 1. The county commissioners of the several counties, in addition to the powers now conferred upon them by law, [are authorized and empowered to] may operate, manage, improve and maintain all public parks, golf courses and other public recreational and cultural centers and areas, the construction of which has either been initiated or completed, and the title to which is held by the county.
2. For the purposes of this section, title is held by the county when the county has the right to acquire a clear title by discharging a fixed encumbrance, whether created by purchase contract, mortgage or deed of trust.
Sec. 2. NRS 244.305 is hereby amended to read as follows:
244.305 1. The boards of county commissioners of the several counties may acquire by purchase, contracts of purchase, which may or may not extend beyond their respective terms of office, gift, or in any other manner, parcels of land for park, recreational , cultural and memorial purposes.
2. For the purposes of acquiring such parcels of land the boards of county commissioners may use any unexpended money remaining in any county fund, except bond interest and redemption funds [. The boards may, in addition thereto,] , and may fix a yearly rate as a part of the county budget for the purpose of paying for the lands and the expense incidental to acquiring the same.
Sec. 3. NRS 244.306 is hereby amended to read as follows:
244.306 1. The boards of county commissioners of the several counties, in addition to the powers now conferred upon them by law, may operate and maintain swimming pools and other public recreational and cultural centers when they have been acquired by gift to the county.
2. For the purpose of operating and maintaining such swimming pools or other public recreational and cultural centers the boards of county commissioners may use any unexpended money remaining in any county fund, except bond interest and redemption funds. The use and transfer of any such unexpended funds must be in conformance with chapter 354 of NRS relating to the transfer of funds by counties. The board [may, in addition thereto:] also may:
(a) Provide in their annual county budgets for the expense of such operation and maintenance and levy a tax [therefor.] for that purpose.
(b) Make charges for the use by the public of any swimming pools or public recreational or cultural centers acquired pursuant to this section.
κ1991 Statutes of Nevada, Page 397 (CHAPTER 218, AB 110)κ
Sec. 4. NRS 244.307 is hereby amended to read as follows:
244.307 1. The board of county commissioners may, by resolution, authorize the expenditure of county [moneys] money for the construction, reconstruction or repair of any recreational or cultural facility the title to which is held by an incorporated city located within the county.
2. Each such resolution [shall:] must:
(a) Describe the facility for which the [moneys are] money is to be expended.
(b) Specify the maximum amount of [moneys] money to be expended and the terms upon which it is to be expended.
(c) Contain a finding by the board of county commissioners that a substantial benefit will be derived by the inhabitants of the county as a whole by the expenditure of such [moneys.] money.
Sec. 5. NRS 244.3071 is hereby amended to read as follows:
244.3071 As used in NRS 244.3071 to 244.30792, inclusive, unless the context requires otherwise:
1. Board means the board of county commissioners and includes the board of supervisors of Carson City.
2. Commission means the county park and recreation commission.
3. Commissioner means a member of the commission.
4. Facilities means any recreational , cultural or park property authorized by NRS 244.3071 to 244.30792, inclusive.
Sec. 6. NRS 244.3073 is hereby amended to read as follows:
244.3073 1. Upon the petition of 5 percent or more of the registered voters of a county expressing a desire or interest in the creation of a county park and recreation commission, the board is authorized to conduct a recreation feasibility study which will meet the planning criteria set forth by the Bureau of Outdoor Recreation, the National Recreation Association or any other nationally recognized recreation authority.
2. Any study which shows a need for, and the feasibility of, a county park and recreation commission [shall] must be submitted to the division of state parks of the state department of conservation and natural resources or any other appropriate state agency. Acceptance and approval of the study by the division of state parks or other appropriate state agency [shall empower and authorize] empowers and authorizes the board to organize by ordinance a county park and recreation commission for the express purpose of planning, acquiring, developing, operating and maintaining [recreation] recreational and cultural facilities and programs.
Sec. 7. NRS 244.30792 is hereby amended to read as follows:
244.30792 The commission may have the following powers and duties as determined by the board and as set forth by the board in the organizational ordinance:
1. To determine policy in regard to recreational , cultural and park facilities.
2. To promulgate regulations governing the use of such facilities.
3. To prepare plans for additional recreational , cultural and park facilities and the development of existing facilities.
4. To operate and maintain existing facilities.
κ1991 Statutes of Nevada, Page 398 (CHAPTER 218, AB 110)κ
5. To fix, and from time to time increase or decrease, rates, tolls and charges for services and the use or availability of facilities.
6. To employ technical and clerical staff.
7. To prepare and submit annual budgets to the board.
8. To purchase or lease land subject to the statutes governing purchases and leases of land by the board.
9. To acquire by gift, bequest or devise any personal property, or any real property within the county, for recreational , cultural or park facilities.
10. To administer any trusts declared for recreational , cultural and park facilities in the county.
11. To enter into contracts for the construction and development of recreational , cultural and park facilities.
12. To expend all [moneys] money collected to the credit of facilities under the control of the commission, but all [moneys] money received for such facilities [shall] must be deposited in the county treasury to the credit of the commission and paid out only upon warrants drawn by the commission upon properly authenticated vouchers of the commission after approval of the same by the county auditor.
13. To perform such additional duties for park , [and] recreational and cultural programs as may be delegated by the board.
Sec. 8. NRS 244.308 is hereby amended to read as follows:
244.308 As used in NRS 244.308 to 244.3091, inclusive, unless the context requires otherwise:
1. Board means the board of county commissioners and includes the board of supervisors of Carson City.
2. Commission means the county park commission.
3. Commissioner means a member of the commission.
4. Facilities means any recreational , cultural or park property authorized by NRS 244.308 to 244.3091, inclusive.
Sec. 9. NRS 244.3081 is hereby amended to read as follows:
244.3081 1. In addition to powers elsewhere conferred upon counties, any county having a population of 100,000 or more [is authorized and empowered:
(a) To establish,] may:
(a) Establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better recreational , cultural and park facilities and buildings therefor, and improvements incidental thereto;
(b) [To equip] Equip and furnish the same;
(c) [To acquire] Acquire suitable sites or grounds, or any interests therein, for any recreational , cultural or park facilities; and
(d) [To operate and maintain the facilities and to] Operate, maintain, sell and otherwise dispose of the facilities.
2. Recreational , cultural and park facilities include, without limiting the generality of the provisions of subsection 1, those buildings, incidental improvements, equipment, furnishings, sites and grounds, or interest therein, as are used for recreational , cultural and park purposes.
κ1991 Statutes of Nevada, Page 399 (CHAPTER 218, AB 110)κ
Sec. 10. NRS 244.309 is hereby amended to read as follows:
244.309 The commission may have the following powers and duties as determined by the board and as set forth by the board in the organizational ordinance:
1. To determine policy in regard to recreational , cultural and park facilities.
2. To promulgate regulations governing the use of such facilities.
3. To prepare plans for additional recreational , cultural and park facilities and the development of existing facilities.
4. To operate and maintain existing facilities.
5. To fix, and from time to time increase or decrease, rates, tolls and charges for services and the use or availability of facilities.
6. To employ technical and clerical staff.
7. To prepare and submit annual budgets to the board.
8. To purchase or lease land subject to the statutes governing purchases and leases of land by the board.
9. To acquire by gift, bequest or devise any real or personal property for recreational , cultural and park facilities.
10. To administer any trusts declared for recreational , cultural and park facilities in the county.
11. To enter into contracts for the construction and development of recreational , cultural and park facilities.
12. To cooperate with the county manager in all matters relating to recreational , cultural and park facilities.
13. To do all other acts necessary and pertinent to a park [and recreation program.] , recreational and cultural program.
14. To expend all [moneys] money collected to the credit of facilities under the control of the commission, but all [moneys] money received for such facilities [shall] must be deposited in the county treasury to the credit of the commission and paid out only upon warrants drawn by the commission upon properly authenticated vouchers of the commission after approval of the same by the county auditor.
15. To exercise such additional powers and perform such additional duties as delegated by the board in its discretion for a park [and recreation program.] , recreational and cultural program.
Sec. 11. NRS 244.3091 is hereby amended to read as follows:
244.3091 The board may, at the request of the commission, exercise the power of eminent domain to acquire real property for recreational , cultural and park purposes.
Sec. 12. NRS 268.440 is hereby amended to read as follows:
268.440 The city council or other governing body of each incorporated city in the State of Nevada, whether or not organized under general law or special charter, may include in the budget of [such] the city items to cover the expense of exploiting, promoting and publishing to homeseekers, business organizations and the public at large, by any means in their judgment calculated to accomplish such purpose, the industrial, recreational, cultural, agricultural, mining and other resources, progress and advantages of [such] the city, and, for such purposes, may enter into contracts with, and pay [moneys] money so budgeted to, any person, group, corporation, agency or commission.
κ1991 Statutes of Nevada, Page 400 (CHAPTER 218, AB 110)κ
money so budgeted to, any person, group, corporation, agency or commission. None of the [moneys] money so budgeted may be used or paid out for any purpose or project unless an equal amount of money is provided from private sources for such purpose or project.
Sec. 13. NRS 268.450 is hereby amended to read as follows:
268.450 1. Public works as used in this section means any facilities necessary for carrying on community life substantially expanded by the national defense program, but the activities authorized under this section [shall] must be devoted primarily to school, waterworks, sewers, sewage, garbage and refuse disposal facilities, public sanitary facilities, works for the treatment and purification of water, hospitals and other places for the care of the sick, recreational and cultural facilities and streets and access roads.
2. In addition to any authority or power provided by the charter of any incorporated city in this state, whether incorporated by general or special act, or otherwise, there is granted to the governing body of each of the cities incorporated under any law of this state the power and authority to accept loans or grants for the purpose of providing public works and equipment, as provided in Title 42, U.S.C. § 1532, including all amendments.
________
Assembly Bill No. 542Committee on Government Affairs
CHAPTER 219
AN ACT relating to public utilities; delaying for another biennium the prospective expiration of the provision requiring public utilities to pay assessments for certain expenses incurred by the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved May 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 284, Statutes of Nevada 1989, at page 610, is hereby amended to read as follows:
Sec. 2. The amendatory provisions of section 1 of this act expire by limitation on October 1, [1991.] 1993.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 401κ
Senate Bill No. 172Committee on Natural Resources
CHAPTER 220
AN ACT relating to water systems; requiring the owner of a newly constructed water system to obtain a permit to operate from the state board of health; requiring the state board of health to adopt regulations establishing procedures for the issuance of permits; requiring surety and authorizing assessments to ensure continued operation of water systems; providing remedies for unsatisfactory service or violations of conditions; providing a penalty; and providing other matters properly relating thereto.
[Approved May 27, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Water system means any privately owned public water system which serves at least 15 service connections that are used by residents throughout the year or regularly serves at least 25 residents throughout the year. The term does not include a public utility which serves more than 25,000 persons.
Sec. 3. 1. Except as otherwise provided in subsection 2, no water system which is constructed on or after July 1, 1991, may operate unless the owner of the water system receives a permit to operate the water system from the state board of health or health authority designated by the state board of health. The owner of such a water system is entitled to a permit to operate the water system upon satisfaction of the requirements set forth in sections 2 to 9, inclusive, of this act and the requirements set forth in the regulations adopted by the state board of health pursuant to NRS 445.381.
2. Subsection 1 does not apply to the expansion of a public utility.
Sec. 4. Before making the finding specified in section 8 of this act and before making the determinations specified in sections 5, 16 and 17 of this act, the state board of health shall request comments from the:
1. Public service commission of Nevada;
2. State engineer;
3. Local government within whose jurisdiction the water system is located; and
4. Owner of the water system.
Sec. 5. A permit to operate a water system may not be issued pursuant to section 3 of this act unless all of the following conditions are met:
1. Neither water provided by a public utility nor water provided by a municipality or other public entity is available to the persons to be served by the water system.
2. The applicant fully complies with all of the conditions of sections 2 to 9, inclusive, of this act.
3. The local governing body assumes:
(a) Responsibility in case of default by the builder or developer of the water system for its continued operation and maintenance in accordance with all of the terms and conditions of the permit.
(b) The duty of assessing the lands served as provided in subsection 5.
κ1991 Statutes of Nevada, Page 402 (CHAPTER 220, SB 172)κ
4. The applicant furnishes the local governing body sufficient surety in the form of a bond, certificate of deposit, investment certificate or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system:
(a) For 5 years following the date the system is placed in operation; or
(b) Until 75 percent of the lots or parcels served by the system are sold, whichever is later.
5. The owners of the lands to be served by the water system record a declaration of covenants, conditions and restrictions, which is an equitable servitude running with the land and which must provide that each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of continued operation and maintenance of the water system if there is a default by the applicant or operator of the water system and a sufficient surety, as provided in subsection 4, is not available.
6. The declaration of covenants, conditions and restrictions recorded by the owners of the lands further provides that if the state board of health determines that:
(a) The water system is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity is reasonably available,
the local governing body may, pursuant to section 16 or 17 of this act, require all users of the water system to connect into the available water system provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the public service commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to section 7 of this act.
7. Provision has been made for disposition of the water system and the land on which it is situated after the local governing body requires all users to connect into an available water system provided by a public utility or a municipality or other public entity.
Sec. 6. No lien for the assessments provided by the covenants, conditions and restriction described in section 5 of this act is binding upon the property until:
1. The local governing body, after a hearing, establishes the costs and apportions them to each lot or parcel; or
2. The public service commission of Nevada determines the amount of the assessments,
and the local governing body records a notice of lien in the office of the county recorder in the county in which the property is located.
Sec. 7. 1. The proceeds of any assessments upon lots or parcels must be deposited with the treasurer of the local governing body which received them, and they may be expended only for the:
(a) Continued maintenance and operation of the water system;
(b) Replacement of the water system if necessary; and
(c) Payment of the costs, including, but not limited to, the direct costs of connection and the costs of necessary new or rehabilitated facilities and any necessary water rights, associated with connection to any water system provided by a public utility or a municipality or other public entity that becomes reasonably available.
κ1991 Statutes of Nevada, Page 403 (CHAPTER 220, SB 172)κ
necessary water rights, associated with connection to any water system provided by a public utility or a municipality or other public entity that becomes reasonably available.
2. If any surplus exists in the proceeds of assessments after all purposes of the assessments have been fully met, the surplus must be refunded to the persons who paid the assessments, in the proportion that their respective assessments bear to the gross proceeds of all assessments collected by the local governing body.
Sec. 8. 1. If the state board of health has found that any of the conditions of a permit to operate such a water system issued pursuant to section 3 of this act are being violated and has notified the holder of the permit that he must bring the water system into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the local governing body, if requested to do so in writing by the state board of health, may take the following actions independently of any further action by the state board of health:
(a) Given written notice, by certified mail, to the owner of the water system and the owners of the property served by the system that if the violation is not corrected within 30 days after the date of the notice, the local governing body will seek a court order authorizing it to assume control; and
(b) After the 30-day period has expired, if the water system has not been brought into compliance, apply to the district court for an order authorizing the local governing body to assume control of the system and assess the property for the continued operation and maintenance of the system as provided in subsection 5 of section 5 of this act.
2. If the local governing body determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a water system without complying with any of the requirements set forth in subsection 1. The local governing body may not maintain control of a water system pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.
Sec. 9. No provision of sections 2 to 9, inclusive, of this act, prevents:
1. A local governing body or a health district from imposing its own conditions for approval of the operation of any water system located within its jurisdiction, which may be more stringent than those authorized by sections 2 to 9, inclusive, of this act.
2. A local governing body from requiring the prior approval of a proposed water system by a local committee created for that purpose.
3. A local governing body from converting connections to water systems into connections to water systems provided by a public utility or a municipality or other public entity.
Sec. 10. NRS 445.363 is hereby amended to read as follows:
445.363 As used in NRS 445.361 to 445.399, inclusive, and sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the terms defined in NRS 445.366 to 445.377, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 11. NRS 445.381 is hereby amended to read as follows:
445.381 The state board of health [may:
κ1991 Statutes of Nevada, Page 404 (CHAPTER 220, SB 172)κ
1. Adopt such] :
1. Shall adopt regulations establishing procedures for a system of permits to operate water systems which are constructed on or after July 1, 1991.
2. May adopt such other regulations as may be necessary to govern the construction, operation and maintenance of public water systems if those activities affect the quality of water, but the regulations do not supersede any regulation of the public service commission of Nevada.
[2. Establish]
3. May establish by regulation a system for the issuance of operating permits for suppliers of water and set a reasonable date after which a person shall not operate a public water system constructed before July 1, 1991, without possessing a permit issued by a health authority.
Sec. 12. NRS 445.387 is hereby amended to read as follows:
445.387 1. The state health officer and health authorities shall:
(a) Enforce the provisions of NRS 445.361 to 445.399, inclusive, sections 2 to 9, inclusive, of this act, and regulations adopted pursuant thereto; and
(b) Make such investigations and inspections as are necessary to [insure] ensure compliance with those sections and regulations.
2. Any representative of a health authority may enter the property of any public water system at any reasonable time for the purpose of inspecting and investigating the adequacy and sanitary condition of the system and the quality of its water.
3. Except in an emergency, a health authority shall notify and permit the supplier of water to be present when an inspection or investigation is being conducted.
Sec. 13. NRS 445.395 is hereby amended to read as follows:
445.395 1. A health authority may apply to a court of competent jurisdiction to enjoin the continuance or occurrence of any act or practice which violates the provisions of NRS 445.361 to 445.399, inclusive, sections 2 to 9, inclusive, of this act, or of any regulation adopted or order issued pursuant thereto.
2. On a showing by the health authority that such a violation has occurred or will occur, the court may issue, without bond, such prohibitory or mandatory injunction as the facts may warrant.
Sec. 14. NRS 445.397 is hereby amended to read as follows:
445.397 1. Any supplier of water who willfully:
(a) Violates any standard established pursuant to NRS 445.379;
(b) Violates or fails to comply with an emergency order issued pursuant to NRS 445.389;
(c) Violates any condition imposed by the state board of health upon granting a variance or exemption under NRS 445.391; or
(d) Fails to give a notice as required by NRS 445.393,
shall pay a civil penalty of not more than $5,000 for each day of such violation.
2. The civil penalties prescribed in this section may be imposed in addition to any other penalties or relief prescribed in NRS 445.361 to 445.399, inclusive [.] , and sections 2 to 9, inclusive, of this act.
κ1991 Statutes of Nevada, Page 405 (CHAPTER 220, SB 172)κ
Sec. 15. NRS 445.399 is hereby amended to read as follows:
445.399 Any person who violates the provisions of NRS 445.361 to 445.399, inclusive, sections 2 to 9, inclusive, of this act, or any regulation adopted by the state board of health pursuant to those provisions is guilty of a misdemeanor. Each day of violation constitutes a separate offense.
Sec. 16. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the state board of health determines that:
(a) A water system which is located in a county and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity is reasonably available to those users,
the board of county commissioners of that county may require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the public service commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to section 7 of this act.
2. As used in this section, water system has the meaning ascribed to it in section 2 of this act.
Sec. 17. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the state board of health determines that:
(a) A water system which is located within the boundaries of a city and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity is reasonably available to those users,
the governing body of that city may require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the public service commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to section 7 of this act.
2. As used in this section, water system has the meaning ascribed to it in section 2 of this act.
Sec. 18. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 406κ
Assembly Bill No. 366Committee on Ways and Means
CHAPTER 221
AN ACT making an appropriation to the motor pool fund for the purchase of additional vehicles; and providing other matters properly relating thereto.
[Approved May 29, 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 motor pool fund created pursuant to NRS 336.110 the sum of $458,371 for the purchase of 50 vehicles.
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.
________
Assembly Bill No. 112Committee on Government Affairs
CHAPTER 222
AN ACT relating to civil actions; revising the provisions governing the fees charged by a sheriff or constable; and providing other matters properly relating thereto.
[Approved May 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 248.275 is hereby amended to read as follows:
248.275 1. The sheriff of each county in this state may charge and collect the following fees:
For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant............................... [$7.50] $10
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile................................................................................... [1.00] 1
If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.
For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking.................................. [3.00] 3
κ1991 Statutes of Nevada, Page 407 (CHAPTER 222, AB 112)κ
For a copy of any writ, process or other paper, when demanded or required by law, for each page............................................ [1.00] $2
For serving every [notice,] rule or order........................... [6.00] 8
For serving one notice required by law before the commencement of a proceeding for any type of eviction.............................. 15
For serving not fewer than 2 nor more than 10 such notices to the same location, each notice....................................................... 12
For serving not fewer than 11 nor more than 24 such notices to the same location, each notice....................................................... 10
For serving 25 or more such notices to the same location, each notice 9
For mileage in serving such a notice, for each mile necessarily and actually traveled in going only..................................................... 1
But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.
For serving a subpena, for each witness summoned .. [6.00] 8
For traveling, per mile in serving subpenas, or a venire, in going only, for each mile................................................................. [1.00] 1
When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.
For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons [6.00] 5
For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper............................................................... [4.00] 5
For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which must be collected from the party receiving the certificate [5.00] 3
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof [10.00] 12
For serving a writ of possession or restitution, putting any person into possession entitled thereto................................. [10.00] 15
For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile........................................................................... [1.00] 1
For mailing a notice of a writ of execution.................... [1.00] 1
The sheriff may charge and collect $1 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed [$16.] $20.
2. The sheriff may also charge and collect:
κ1991 Statutes of Nevada, Page 408 (CHAPTER 222, AB 112)κ
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first [$500, 1 percent; on all] $3,500, 2 percent, and on all amounts over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.
(d) For all services in justices courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.
3. The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.
4. In service of a subpena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.
6. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his county on or before the 5th working day of the month next succeeding the month in which the fees are collected.
Sec. 2. NRS 258.070 is hereby amended to read as follows:
258.070 1. Each constable shall:
(a) Be a peace officer in his township.
(b) Serve all mesne and final process issued by a [justice of the peace.] court of competent jurisdiction.
(c) Discharge such other duties as are or may be prescribed by law.
2. [In case] If a sheriff or his deputy in any county in this state [shall make an arrest of] arrests any person or persons charged with a criminal offense or [arrested] in the commission of an offense, the sheriff or his deputy shall [have the privilege, and he shall] serve all process, whether mesne or final, and attend the court executing the order thereof in the prosecution of the persons or persons so arrested, whether in a justices court or a district court, to a final conclusion, and whether the [same be] offense is an offense of which a justice of the peace has jurisdiction, or whether the [same be] the proceeding is a preliminary examination or hearing. The sheriff or his deputy shall [receive] collect the same fees and in the same manner therefor as the constable of the township, in which [such] the justices court is held, would receive for [like] the same service.
Sec. 3. NRS 258.125 is hereby amended to read as follows:
258.125 1. Constables are entitled to the following fees for their services:
κ1991 Statutes of Nevada, Page 409 (CHAPTER 222, AB 112)κ
For serving a summons or other process by which a suit is commenced in civil cases.............................................................. [$7.50] $10
For summoning a jury before a justice of the peace.... [4.00] 5
For taking a bond or undertaking.................................... [2.00] 3
For serving an attachment against the property of a defendant [4.00] 5
For serving subpenas, for each witness........................... [6.00] 8
For a copy of any writ, process or order or other paper, when demanded or required by law, per folio...................................... [1.00] 2
For drawing and executing every constables deed, to be paid by the grantee, who must also pay for the acknowledgment thereof [10.00] 12
For each certificate of sale of real property under execution [2.00] 3
For levying any writ of execution [,] or writ of garnishment, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons... [6.00] 8
For serving one notice required by law before the commencement of a proceeding for any type of eviction.............................. 15
For serving not fewer than 2 nor more than 10 such notices to the same location, each notice....................................................... 12
For serving not fewer than 11 nor more than 24 such notices to the same location, each notice....................................................... 10
For serving 25 or more such notices to the same location, each notice 9
For mileage in serving such a notice, for each mile necessarily and actually traveled in going only..................................................... 1
But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.
For [all services in an] each service in a summary eviction , except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution 15
For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper................................................................................... [4.00] 5
For each warrant lawfully executed........................................... 35
For mileage in serving summons, attachment, execution, order, venire, subpena , notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only...................................................................... 1
But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.
κ1991 Statutes of Nevada, Page 410 (CHAPTER 222, AB 112)κ
For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only ......................................................................................... $1
But mileage may not exceed [$16] $20 for any unsuccessful effort to serve such process.
2. A constable is also entitled to receive:
(a) For receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.
(b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof [.] , and on all amounts over that sum, one-half of 1 percent.
(c) For service in criminal cases, except for execution of warrants, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.
3. Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the 5th working day of the month next succeeding the month in which the fees were collected.
4. Constables shall, on or before the 5th working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
________
Assembly Bill No. 256Committee on Judiciary
CHAPTER 223
AN ACT relating to commercial transactions; repealing article 6 and adding article 4A of the Uniform Commercial Code; amending other sections to conform to the repeal and addition; and providing other matters properly relating thereto.
[Approved May 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 104.1105 is hereby amended to read as follows:
104.1105 1. Except as otherwise provided [hereafter] in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this chapter applies to transactions bearing an appropriate relation to this state.
2. Where one of the following provisions of this chapter specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:
κ1991 Statutes of Nevada, Page 411 (CHAPTER 223, AB 256)κ
only to the extent permitted by the law (including the conflict of laws rules) so specified:
Rights of creditors against sold goods. NRS 104.2402.
Applicability of the article on leases. NRS 104A.2105 and 104A.2106.
Applicability of the article on bank deposits and collections. NRS 104.4102.
[Bulk transfers subject to the article on bulk transfers. NRS 104.6102.]
Applicability of the article on investment securities. NRS 104.8106.
Perfection provisions of the article on secured transactions. NRS 104.9103.
Sec. 2. NRS 104.1105 is hereby amended to read as follows:
104.1105 1. Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this chapter applies to transactions bearing an appropriate relation to this state.
2. Where one of the following provisions of this chapter specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:
Rights of creditors against sold goods. NRS 104.2402.
Applicability of the article on leases. NRS 104A.2105 and 104A.2106.
Applicability of the article on bank deposits and collections. NRS 104.4102.
Applicability of the article on investment securities. NRS 104.8106.
Perfection provisions of the article on secured transactions. NRS 104.9103.
Governing law in the article on funds transfers. Section 181 of this act.
Sec. 3. NRS 104.1110 is hereby amended to read as follows:
104.1110 1. Transactions validly entered into before March 1, 1967, and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though such repeal or amendment had not occurred.
2. Transactions validly entered into after March 1, 1967, and before July 1, 1975, which were subject to the provisions of this chapter before July 1, 1975, and which would be subject to the provisions of this chapter as amended effective July 1, 1975, if they had been entered into after July 1, 1975, and the rights, duties and interests flowing from such transactions remain valid after July 1, 1975, and may be terminated, completed, consummated or enforced as required or permitted by this chapter as amended effective July 1, 1975. Security interests arising out of such transactions which are perfected on July 1, 1975, shall remain perfected until they lapse as provided by this chapter as amended effective July 1, 1975, and may be continued as permitted by this chapter as amended effective July 1, 1975, except as stated in NRS 104.902.
3. Rights and obligations that arose after March 1, 1967, and before October 1, 1991, under NRS 104.6101 to 104.6111, inclusive, Uniform Commercial Code Bulk Transfers, remain valid and may be enforced as though those sections had not been repealed.
κ1991 Statutes of Nevada, Page 412 (CHAPTER 223, AB 256)κ
Commercial Code Bulk Transfers, remain valid and may be enforced as though those sections had not been repealed.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 104.2403 is hereby amended to read as follows:
104.2403 1. A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though:
(a) The transferor was deceived as to the identity of the purchaser; [or]
(b) The delivery was in exchange for a check which is later dishonored; [or]
(c) It was agreed that the transaction was to be a cash sale; or
(d) The delivery was procured through fraud punishable as larcenous under the criminal law.
2. Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business.
3. Entrusting includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessors disposition of the goods have been such as to be larcenous under the criminal law.
4. The rights of other purchasers of goods and of lien creditors are governed by the articles on secured transactions (article 9) [, bulk transfers (article 6)] and documents of title (article 7).
Secs. 6-97. (Deleted by amendment.)
Sec. 98. NRS 104.4211 is hereby amended to read as follows:
104.4211 1. A collecting bank may take in settlement of an item:
(a) A check of the remitting bank or of another bank on any bank except the remitting bank; or
(b) A cashiers check or similar primary obligation of a remitting bank which is a member of or clears through a member of the same clearing house or group as the collecting bank; or
(c) Appropriate authority to charge an account of the remitting bank or of another bank with the collecting bank; or
(d) If the item is drawn upon or payable by a person other than a bank, a cashiers check, certified check or other bank check or obligation; or
(e) Credit on the books of any Federal Reserve bank or of any bank designated as a depositary by the collecting bank; or
(f) Money.
2. If before its midnight deadline the collecting bank properly dishonors a remittance check or authorization to charge on itself or presents or forwards for collection a remittance instrument of or on another bank which is of a kind approved by subsection 1 or has not been authorized by it, the collecting bank is not liable to prior parties in the event of the dishonor of such check, instrument or authorization.
κ1991 Statutes of Nevada, Page 413 (CHAPTER 223, AB 256)κ
3. A settlement for an item by means of a remittance instrument or authorization to charge is or becomes a final settlement as to both the person making and the person receiving the settlement:
(a) If the remittance instrument or authorization to charge is of a kind approved by subsection 1 or has not been authorized by the person receiving the settlement and in either case the person receiving the settlement acts seasonably before its midnight deadline in presenting, forwarding for collection or paying the instrument or authorization, at the time the remittance instrument or authorization is finally paid by the payor by which it is payable;
(b) If the person receiving the settlement has authorized remittance by a nonbank check or obligation or by a cashiers check or similar primary obligation of or a check upon the payor or other remitting bank which is not of a kind approved by paragraph (b) of subsection 1, at the time of the receipt of such remittance check or obligation; [or]
(c) With respect to tender of settlement by a funds transfer, when payment is made pursuant to subsection 1 of section 174 of this act, to the person receiving settlement; or
(d) If in a case not covered by [paragraphs (a) or (b)] paragraph (a), (b) or (c) the person receiving the settlement fails seasonably to present, forward for collection, pay or return a remittance instrument or authorization to it to charge before its midnight deadline, at such midnight deadline.
Secs. 99-121. (Deleted by amendment.)
Sec. 122. NRS 104A.2103 is hereby amended to read as follows:
104A.2103 1. In this article unless the context otherwise requires:
(a) Buyer in ordinary course of business means a person who , in good faith and without knowledge that the sale to him is in violation of the ownership , rights or security interest or leasehold interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. Buying may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
(b) Cancellation occurs when either party puts an end to the lease contract for default by the other party.
(c) Commercial unit means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article, as a machine, or a set of articles, as a suite of furniture or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in use or in the relevant market as a single whole.
(d) Conforming goods or performance under a lease contract means goods or performance that are in accordance with the obligations under the lease contract.
(e) Consumer lease means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee [, except an organization,] who is a natural person and who takes under the lease primarily for a personal, family or household purpose.
(f) Fault means wrongful act, omission, breach or default.
κ1991 Statutes of Nevada, Page 414 (CHAPTER 223, AB 256)κ
(g) Finance lease means a lease [in] with respect to which:
(1) The lessor does not select, manufacture or supply the goods;
(2) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and
(3) [Either the lessee receives a copy of the contract evidencing the lessors purchase of the goods on or before signing the lease contract, or the lessees approval of the contract evidencing the lessors purchase of the goods is a condition to effectiveness of the lease contract.] One of the following occurs:
(I) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;
(II) The lessees approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;
(III) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or
(IV) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, that the lessee is entitled under this article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies.
(h) Goods means all things that are movable at the time of identification to the lease contract, or are fixtures (NRS 104A.2309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. The term also includes the unborn young of animals.
(i) Installment lease contract means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause each delivery is a separate lease or its equivalent.
(j) Lease means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes a sublease.
(k) Lease agreement means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article.
κ1991 Statutes of Nevada, Page 415 (CHAPTER 223, AB 256)κ
other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.
(l) Lease contract means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. Unless the context clearly indicates otherwise, the term includes a sublease contract.
(m) Leasehold interest means the interest of the lessor or the lessee under a lease contract.
(n) Lessee means a person who acquires the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessee.
(o) Lessee in ordinary course of business means a person who in good faith and without knowledge that the lease to him is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods leases in ordinary course from a person in the business of selling or leasing goods of that kind but does not include a pawnbroker. Leasing may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting lease contract but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
(p) Lessor means a person who transfers the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessor.
(q) Lessors residual interest means the lessors interest in the goods after expiration, termination or cancellation of the lease contract.
(r) Lien means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest.
(s) Lot means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract.
(t) Merchant lessee means a lessee that is a merchant with respect to goods of the kind subject to the lease.
(u) Present value means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.
(v) Purchase includes taking by sale, lease, mortgage, security interest, pledge, gift or any other voluntary transaction creating an interest in goods.
(w) Sublease means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease.
(x) Supplier means a person from whom a lessor buys or leases goods to be leased under a finance lease.
(y) Supply contract means a contract under which a lessor buys or leases goods to be leased.
κ1991 Statutes of Nevada, Page 416 (CHAPTER 223, AB 256)κ
(z) Termination occurs when either party pursuant to a power created by agreement or law puts an end to the lease contract otherwise than for default.
2. Other definitions applying to this article and the sections in which they appear are:
Accessions. NRS 104A.2310.
Construction mortgage. NRS 104A.2309.
Encumbrance. NRS 104A.2309.
Fixtures. NRS 104A.2309.
Fixture filing. NRS 104A.2309.
Purchase money lease. NRS 104A.2309.
3. The following definitions in other articles apply to this article:
Account. NRS 104.9016.
Between merchants. NRS 104.2104.
Buyer. NRS 104.2103.
Chattel paper. NRS 104.9105.
Consumer goods. NRS 104.9109.
Document. NRS 104.9105.
Entrusting. NRS 104.2403.
General intangibles. NRS 104.9106.
Good faith. NRS 104.2103.
Instrument. NRS 104.9105.
Merchant. NRS 104.2104.
Mortgage. NRS 104.9105.
Pursuant to commitment. NRS 104.9105.
Receipt. NRS 104.2103.
Sale. NRS 104.2106.
Sale on [Approval.] approval. NRS 104.2326.
Sale or [Return.] return. NRS 104.2326.
Seller. NRS 104.2103.
4. In addition, article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
Sec. 123. NRS 104A.2104 is hereby amended to read as follows:
104A.2104 1. A lease, although subject to this article, is also subject to any applicable:
(a) [Statute of the United States;
(b)] Certificate of title statute of this state, including any applicable provision of chapters 482, 488 and 489 of NRS;
[(c)] (b) Certificate of title statute of another jurisdiction (NRS 104A.2105); or
[(d)] (c) Consumer protection statute of this state, including any applicable provision of NRS 97.297, 97.299, 97.301 and 100.095 to 100.175, inclusive [.] , and a final decision of a court of this state concerning the protection of consumers rendered before January 1, 1990.
2. In case of conflict between [the provisions of] this article, other than NRS 104A.2105, subsection 3 of NRS 104A.2304 and subsection 3 of NRS 104A.2305, and [any statute] a statute or decision referred to in subsection 1, the [provisions of that statute control.] statute or decision controls.
κ1991 Statutes of Nevada, Page 417 (CHAPTER 223, AB 256)κ
3. Failure to comply with [any applicable statute] an applicable law has only the effect specified therein.
Sec. 124. NRS 104A.2209 is hereby amended to read as follows:
104A.2209 1. The benefit of the suppliers promises to the lessor under the supply contract and of all warranties, whether express or implied, [under] including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessees leasehold interest under a finance lease related to the supply contract, but subject to the terms of the warranty and of the supply contract and all [of the suppliers] defenses or claims arising therefrom.
2. The extension of the benefit of [the] a suppliers promises and of warranties to the lessee (subsection 1) does not:
(a) Modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise; or
(b) Impose any duty or liability under the supply contract on the lessee.
3. Any modification or rescission of the supply contract by the supplier and the lessor is effective [against] between the supplier and the lessee unless, [prior to] before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. [If the supply contract is modified or rescinded after the lessee enters the finance lease, the lessee has a cause of action against the lessor, and against the supplier if the supplier has notice of the lessees entering the finance lease when the supply contract is modified or rescinded. The lessees recovery from such action must put the lessee in as good a position as if the modification or rescission had not occurred.] If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to his obligations to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.
4. In addition to the extension of the benefit of the suppliers promises and of warranties to the lessee under subsection 1, the lessee retains all rights that he may have against the supplier which arise from an agreement between him and the supplier or under other law.
Sec. 125. NRS 104A.2303 is hereby amended to read as follows:
104A.2303 1. [Any interest of a party under a lease contract and the lessors residual interest in the goods may be transferred unless:
(a) The transfer is voluntary and the lease contract prohibits the transfer; or
(b) The transfer materially changes the duty of or materially increases the burden or risk imposed on the other party to the lease contract, and within a reasonable time after notice of the transfer the other party demands that the transferee comply with subsection 2 and the transferee fails to comply.
2. Within a reasonable time after demand pursuant to paragraph (b) of subsection 1, the transferee shall:
(a) Cure or provide adequate assurance that he will promptly cure any default other than one arising from the transfer;
(b) Compensate or provide adequate assurance that he will promptly compensate the other party to the lease contract and any other person holding an interest in the lease contract, except the party whose interest is being transferred, for any loss to that party resulting from the transfer;
κ1991 Statutes of Nevada, Page 418 (CHAPTER 223, AB 256)κ
interest in the lease contract, except the party whose interest is being transferred, for any loss to that party resulting from the transfer;
(c) Provide adequate assurance of future due performance under the lease contract; and
(d) Assume the lease contract.
3. Demand pursuant to paragraph (b) of subsection 1 is without prejudice to the other partys rights against the transferee and the party whose interest is transferred.
4. An assignment of the lease or of all my rights under the lease or an assignment in similar general terms is a transfer of rights, and unless the language or the circumstances, as in an assignment for security, indicate the contrary, the assignment is a delegation of duties by the assignor to the assignee and acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the lease contract.
5. Unless otherwise agreed by the lessor and the lessee, no delegation of performance relieves the assignor as against the other party of any duty to perform or any liability for default.
6. A right to damages for default with respect to the whole lease contract or a right arising out of the assignors due performance of his entire obligation can be assigned despite agreement otherwise.
7. To prohibit the transfer of an interest of a party under a lease contract, the language of prohibition must be specific, by a writing and conspicuous.] As used in this section, creation of a security interest includes the sale of a lease contract that is subject to article 9, Secured Transactions, by reason of paragraph (b) of subsection 1 of NRS 104.9102.
2. Except as otherwise provided in subsections 3 and 4, a provision in a lease agreement which:
(a) Prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease, creation or enforcement of a security interest, or attachment, levy, or other judicial process, of an interest of a party under the lease contract or of the lessors residual interest in the goods; or
(b) Makes such a transfer an event of default,
gives rise to the rights and remedies provided in subsection 5, but a transfer that is prohibited or is an event of default under the lease agreement is otherwise effective.
3. A provision in a lease agreement which prohibits the creation or enforcement of a security interest in an interest of a party under the lease contract or in the lessors residual interest in the goods, or makes such a transfer an event of default, is not enforceable unless, and then only to the extent that, there is an actual transfer by the lessee of the lessees right of possession or use of the goods in violation of the provision or an actual delegation of a material performance of either party to the lease contract in violation of the provision. Neither the granting nor the enforcement of a security interest in the lessors interest under the lease contract or the lessors residual interest in the goods is a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the lessee within the purview of subsection 5 unless, and then only to the extent that, there is an actual delegation of a material performance of the lessor.
κ1991 Statutes of Nevada, Page 419 (CHAPTER 223, AB 256)κ
4. A provision in a lease agreement which prohibits a transfer of a right to damages for default with respect to the whole lease contract or of a right to payment arising out of the transferors due performance of his entire obligation, or makes such a transfer an event of default, is not enforceable, and such a transfer is not a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract within the purview of subsection 5.
5. Except as otherwise provided in subsections 3 and 4:
(a) If a transfer is made which is made an event of default under a lease agreement, the party to the lease contract not making the transfer, unless that party waives the default or otherwise agrees, has the rights and remedies described in subsection 2 of NRS 104A.2501.
(b) If paragraph (a) is not applicable and if a transfer is made that is prohibited under a lease agreement or materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract, unless the party not making the transfer agrees at any time to the transfer in the lease contract or otherwise, then, except as limited by contract, the transferor is liable to the party not making the transfer for damages caused by the transfer to the extent that the damages could not reasonably be prevented by the party not making the transfer and a court having jurisdiction may grant other appropriate relief, including cancellation of the lease contract or an injunction against the transfer.
6. A transfer of the lease or of all my rights under the lease, or a transfer in similar general terms, is a transfer of rights, and, unless the language or the circumstances, as in a transfer for security, indicate the contrary, the transfer is a delegation of duties by the transferor to the transferee. Acceptance by the transferee constitutes a promise by him to perform those duties. The promise is enforceable by either the transferor or the other party to the lease contract.
7. Unless otherwise agreed by the lessor and the lessee, a delegation of performance does not relieve the transferor as against the other party of any duty to perform or of any liability for default.
8. In a consumer lease, to prohibit the transfer of an interest of a party under the lease contract or to make a transfer an event of default, the language must be specific, by a writing, and conspicuous.
Sec. 126. NRS 104A.2307 is hereby amended to read as follows:
104A.2307 1. Except as otherwise provided in NRS 104A.2306, a creditor of a lessee takes subject to the lease contract.
2. Except as otherwise provided in subsections 3 and 4 of this section and in NRS 104A.2306 and 104A.2308, a creditor of a lessor takes subject to the lease contract [:
(a) Unless the] unless:
(a) The creditor holds a lien that attached to the goods before the lease contract became enforceable; [or
(b) Unless the]
(b) The creditor holds a security interest in the goods [that under the article on secured transactions (article 9) would have priority over any other security interest in the goods perfected by a filing covering the goods and made at the time the lease contract became enforceable, whether or not any other security interest existed.]
κ1991 Statutes of Nevada, Page 420 (CHAPTER 223, AB 256)κ
interest in the goods perfected by a filing covering the goods and made at the time the lease contract became enforceable, whether or not any other security interest existed.] and the lessee did not give value and receive delivery of the goods without knowledge of the security interest; or
(c) The creditor holds a security interest in the goods which was perfected (NRS 104.9303) before the lease contract became enforceable.
3. A lessee in the ordinary course of business takes the leasehold interest free of a security interest in the goods created by the lessor even though the security interest is perfected (NRS 104.9303) and the lessee knows of its existence.
4. A lessee other than a lessee in the ordinary course of business takes the leasehold interest free of a security interest to the extent that it secures future advances made after the secured party acquires knowledge of the lease or more than 45 days after the lease contract becomes enforceable, whichever first occurs, unless the future advances are made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.
Sec. 127. NRS 104A.2309 is hereby amended to read as follows:
104A.2309 1. In this section:
(a) Goods are fixtures when they become so related to particular real estate that an interest in them arises under real estate law;
(b) A fixture filing is the filing, in the office where a mortgage on the real estate would be filed or recorded , [or registered,] of a financing statement [concerning] covering goods that are or are to become fixtures and conforming to the requirements of subsection 5 of NRS 104.9402;
(c) A lease is a purchase money lease unless the lessee has possession or use of the goods or the right to possession or use of the goods before the lease agreement is enforceable;
(d) A mortgage is a construction mortgage to the extent it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates; and
(e) Encumbrance includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests.
2. Under this article a lease may be of goods that are fixtures or may continue in goods that become fixtures, but no lease exists under this article of ordinary building materials incorporated into an improvement on land.
3. This article does not prevent creation of a lease of fixtures pursuant to real estate law.
4. The perfected interest of a lessor of fixtures has priority over a conflicting interest of an encumbrancer or owner of the real estate if:
(a) The lease is a purchase money lease, the conflicting interest of the encumbrancer or owner arises before the goods become fixtures, the interest of the lessor is perfected by a fixture filing before the goods become fixtures or within ten days thereafter, and the lessee has an interest of record in the real estate or is in possession of the real estate; or
(b) The interest of the lessor is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the lessors interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the lessee has an interest of record in the real estate or is in possession of the real estate.
κ1991 Statutes of Nevada, Page 421 (CHAPTER 223, AB 256)κ
priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the lessee has an interest of record in the real estate or is in possession of the real estate.
5. The interest of a lessor of fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate if:
(a) The fixtures are readily removable factory or office machines, readily removable equipment that is not primarily used or leased for use in the operation of the real estate, or readily removable replacements of domestic appliances that are goods subject to a consumer lease, and before the goods become fixtures the lease contract is enforceable; [or]
(b) The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the lease contract is enforceable; [or]
(c) The encumbrancer or owner has consented in writing to the lease or has disclaimed an interest in the goods as fixtures; or
(d) The lessee has a right to remove the goods as against the encumbrancer or owner. If the lessees right to remove terminates, the priority of the interest of the lessor continues for a reasonable time.
6. Notwithstanding paragraph (a) of subsection 4 but otherwise subject to subsections 4 and 5, the interest of a lessor of fixtures , including his residual interest, is subordinate to the conflicting interest of an encumbrancer of the real estate under a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent given to refinance a construction mortgage, the conflicting interest of an encumbrancer of the real estate under a mortgage has this priority to the same extent as the encumbrancer of the real estate under the construction mortgage.
7. In cases not within the preceding subsections, priority between the interest of a lessor of fixtures , including his residual interest, and the conflicting interest of an encumbrancer or owner of the real estate who is not the lessee is determined by the priority rules governing conflicting interests in real estate.
8. If the interest of a lessor of fixtures, including his residual interest, has priority over all conflicting interests of all owners and encumbrancers of the real estate, the lessor or the lessee may:
(a) On default, expiration, termination or cancellation of the lease agreement [by the other party] but subject to the [provisions of the] lease agreement and this article; or
(b) If necessary to enforce his other rights and remedies under this article, remove the goods from the real estate, free and clear of all conflicting interests of all owners and encumbrancers of the real estate, but he must reimburse any encumbrancer or owner of the real estate who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
κ1991 Statutes of Nevada, Page 422 (CHAPTER 223, AB 256)κ
9. Even though the lease agreement does not create a security interest, the interest of a lessor of fixtures , including his residual interest, is perfected by filing a financing statement as a fixture filing for leased goods that are or are to become fixtures in accordance with the relevant provisions of the article on secured transactions (article 9).
Sec. 128. Chapter 104A of NRS is hereby amended by adding thereto a new section to read as follows:
Nothing in this article prevents subordination by agreement by any person entitled to priority.
Sec. 129. NRS 104A.2407 is hereby amended to read as follows:
104A.2407 1. In the case of a finance lease that is not a consumer lease the lessees promises under the lease contract become irrevocable and independent upon the lessees acceptance of the goods.
2. A promise that has become irrevocable and independent under subsection 1:
(a) Is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and
(b) Is not subject to cancellation, termination, modification, repudiation, excuse or substitution without the consent of the party to whom the promise runs.
3. This section does not affect the validity under any other law of a covenant in any lease contract making the lessees promises irrevocable and not dependent upon his acceptance of the goods.
Sec. 130. NRS 104A.2501 is hereby amended to read as follows:
104A.2501 1. Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this article.
2. If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this article and, except as limited by this article, as provided in the lease agreement.
3. If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the partys claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including an administrative proceeding, arbitration or the like, in accordance with this article.
4. Except as otherwise provided in subsection 1 of NRS 104.1106 or this article or the lease agreement, the rights and remedies referred to in subsections 2 and 3 are cumulative.
5. If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under this part as to the goods, or under other applicable law as to both the real property and the goods in accordance with his rights and remedies in respect of the real property, in which case this part does not apply.
Sec. 131. NRS 104A.2503 is hereby amended to read as follows:
104A.2503 1. Except as otherwise provided in this article, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article.
κ1991 Statutes of Nevada, Page 423 (CHAPTER 223, AB 256)κ
2. Resort to a remedy provided under this article or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this article.
3. Consequential damages may be liquidated under NRS 104A.2504, or may otherwise be limited, altered or excluded unless the limitation, alteration or exclusion is unconscionable. Limitation , alteration or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation , alteration or exclusion of damages where the loss is commercial is not [.] prima facie unconscionable.
4. Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this article.
Sec. 132. NRS 104A.2508 is hereby amended to read as follows:
104A.2508 1. If a lessor fails to deliver the goods in conformity to the lease contract (NRS 104A.2509) or repudiates the lease contract (NRS 104A.2402), or a lessee rightfully rejects the goods (NRS 104A.2509) or justifiably revokes acceptance of the goods (NRS 104A.2517), then with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (NRS 104A.2510), the lessor is in default under the lease contract and the lessee may:
(a) Cancel the lease contract (subsection 1 of NRS 104A.2505);
(b) Recover so much of the rent and security as has been paid [, but in the case of an installment lease contract the recovery is that which] and is just under the circumstances; [and]
(c) Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (NRS 104A.2518 and 104A.2520), or recover damages for nondelivery (NRS 104A.2519 and 104A.2520) [.] ; and
(d) Exercise any other rights or pursue any other remedies provided in the lease contract.
2. If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:
(a) If the goods have been identified, recover them (NRS 104A.2522); or
(b) In a proper case, obtain specific performance or replevy the goods (NRS 104A.2521).
3. If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract [and this article.] , which may include a right to cancel the lease, and in subsection 3 of NRS 104A.2519.
4. If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (subsection 4 of NRS 104A.2519).
5. On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessees possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to the provisions of subsection 5 of NRS 104A.2527.
κ1991 Statutes of Nevada, Page 424 (CHAPTER 223, AB 256)κ
goods and dispose of them in good faith and in a commercially reasonable manner, subject to the provisions of subsection 5 of NRS 104A.2527.
6. Subject to the provisions of NRS 104A.2407, a lessee, on notifying the lessor of the lessees intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.
Sec. 133. NRS 104A.2516 is hereby amended to read as follows:
104A.2516 1. A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.
2. A lessees acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this article or the lease agreement for nonconformity.
3. If a tender has been accepted:
(a) Within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy [;] against the party not notified;
(b) Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (NRS 104A.2211) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and
(c) The burden is on the lessee to establish any default.
4. If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over [:] the following apply:
(a) The lessee may give the lessor or the supplier written notice of the litigation. If the notice states that the [lessor or the supplier] person notified may come in and defend and that if [the lessor or the supplier] he does not do so he will be bound in any action against him by the lessee by any determination of fact common to the two litigations, then unless the [lessor or the supplier] person notified after seasonable receipt of the notice does come in and defend he is so bound.
(b) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (NRS 104A.2211) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.
5. [The provisions of subsections] Subsections 3 and 4 apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (NRS 104A.2211).
κ1991 Statutes of Nevada, Page 425 (CHAPTER 223, AB 256)κ
Sec. 134. NRS 104A.2517 is hereby amended to read as follows:
104A.2517 1. A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if he has accepted it:
(a) Except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or
(b) Without discovery of the nonconformity if the lessees acceptance was reasonably induced either by the lessors assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.
2. Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract and the default substantially impairs the value of that lot or commercial unit to the lessee.
3. If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor.
4. Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.
[3.] 5. A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them.
Sec. 135. NRS 104A.2518 is hereby amended to read as follows:
104A.2518 1. After default by a lessor under [the] a lease contract [(] of the type described in subsection 1 of NRS 104A.2508 [),] or, if agreed after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.
2. Except as otherwise provided with respect to damages liquidated in the lease agreement (NRS 104A.2504) or [determined by] otherwise determined pursuant to agreement of the parties (NRS 104A.2503 and subsection 3 of NRS 104.1102), if a lessees cover is by lease agreement substantially similar to the original lease agreement and the lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages:
(a) The present value, as of the date of [default, of the difference between the total rent for the lease term of the new lease agreement and] the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the remaining lease term of the original lease agreement; and
(b) Any incidental or consequential damages less expenses saved in consequence of the lessors default.
3. If a lessees cover is by lease agreement that for any reason does not qualify for treatment under subsection 2, or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and NRS 104A.2519 governs.
κ1991 Statutes of Nevada, Page 426 (CHAPTER 223, AB 256)κ
Sec. 136. NRS 104A.2519 is hereby amended to read as follows:
104A.2519 1. Except as otherwise provided with respect to damages liquidated in the lease agreement (NRS 104A.2504) or [determined by] otherwise determined pursuant to agreement of the parties (subsection 3 of NRS 104.1102 [),] and NRS 104A.2519), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under subsection 2 of NRS 104A.2518, or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value , as of the date of the default , of the [difference between the] then market rent [and] minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement , together with incidental and consequential damages, less expenses saved in consequence of the lessors default.
2. Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
3. [If] Except as otherwise agreed, if the lessee has accepted goods and given notification (subsection 3 of NRS 104A.2516), the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessors default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessors default.
4. [The] Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessors default or breach of warranty.
Sec. 137. NRS 104A.2523 is hereby amended to read as follows:
104A.2523 1. If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (NRS 104A.2510), the lessee is in default under the lease contract and the lessor may:
(a) Cancel the lease contract (subsection 1 of NRS 104A.2505);
(b) Proceed respecting goods not identified to the lease contract (NRS 104A.2524);
(c) Withhold delivery of the goods and take possession of goods previously delivered (NRS 104A.2525);
(d) Stop delivery of the goods by any bailee (NRS 104A.2526); [and]
(e) Dispose of the goods and recover damages (NRS 104A.2527), or retain the goods and recover damages (NRS 104A.2528), or in a proper case recover rent (NRS 104A.2529) [.
2.] ; and
(f) Exercise any other rights or pursue any other remedies provided in the lease contract.
κ1991 Statutes of Nevada, Page 427 (CHAPTER 223, AB 256)κ
2. If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection 1, the lessor may recover the loss resulting in the ordinary course of events from the lessees default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessees default.
3. If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract [and this article.] which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract:
(a) If the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsections 1 and 2; or
(b) If the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection 2.
Sec. 137.5. NRS 104A.2524 is hereby amended to read as follows:
104A.2524 1. [A lessor aggrieved under subsection 1 of NRS 104A.2523] After default by the lessee under the lease contract of the type described in subsection 1 or paragraph (a) of subsection 3 of NRS 104.2523 or, if agreed, after other default by the lessee, the lessor may:
(a) Identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessors or the suppliers possession or control; and
(b) Dispose of goods (subsection 1 of NRS 104A.2527) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.
2. If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner.
Sec. 138. NRS 104A.2525 is hereby amended to read as follows:
104A.2525 1. If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.
2. [The lessor has on] After a default by the lessee under the lease contract of the type described in subsection 1 or paragraph (a) of subsection 3 of NRS 104A.2523 or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessees premises (NRS 104A.2527).
3. The lessor may proceed under subsection 2 without judicial process if [that] it can be done without breach of the peace or the lessor may proceed by action.
Sec. 139. NRS 104A.2527 is hereby amended to read as follows:
104A.2527 1. After a default by a lessee under the lease contract [(] of the type described in subsection 1 or paragraph (a) of subsection 3 of NRS 104A.2523 [)] or after the lessor refuses to deliver or takes possession of goods (NRS 104A.2525 or 104A.2526), or, if agreed, after other default by the lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale or otherwise.
κ1991 Statutes of Nevada, Page 428 (CHAPTER 223, AB 256)κ
104A.2523 [)] or after the lessor refuses to deliver or takes possession of goods (NRS 104A.2525 or 104A.2526), or, if agreed, after other default by the lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale or otherwise.
2. Except as otherwise provided with respect to damages liquidated in the lease agreement (NRS 104A.2504) or [determined by] otherwise determined pursuant to agreement of the parties (subsection 3 of NRS 104.1102 [),] and NRS 104A.2503), if the disposition is by lease agreement substantially similar to the original lease agreement and the lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages:
(a) Accrued and unpaid rent as of the date of [default;] the commencement of the term of the new lease agreement;
(b) The present value , as of the same date , of [default of the difference between] the total rent for the then remaining lease term of the original lease agreement [and the total rent for the lease term of the new lease agreement;] minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement; and
(c) Any incidental damages allowed under NRS 104A.2530,
less expenses saved in consequence of the lessees default.
3. If the lessors disposition is by lease agreement that for any reason does not qualify for treatment under subsection 2, or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and NRS 104A.2528 governs.
4. A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this article.
5. The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessees security interest (subsection 5 of NRS 104A.2508).
Sec. 140. NRS 104A.2528 is hereby amended to read as follows:
104A.2528 1. Except as otherwise provided with respect to damages liquidated in the lease agreement (NRS 104A.2504) or [determined by] otherwise determined pursuant to agreement of the parties (NRS 104A.2503 and subsection 3 of NRS 104.1102 [),] and NRS 104A.2503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under subsection 2 of NRS 104A.2527, or is by sale or otherwise, the lessor may recover from the lessee as damages for [nonacceptance or repudiation by the lessee:
(a) Accrued and unpaid rent as of the date of default;
(b) The present value as of the date of default of the difference between the total rent for the remaining lease term of the original lease agreement and the market rent at the time and place for tender] a default of the type described in subsection 1 of NRS 104A.2523 or paragraph (a) of subsection 3 of NRS 104A.2523, or, if agreed, for other default of the lessee:
κ1991 Statutes of Nevada, Page 429 (CHAPTER 223, AB 256)κ
subsection 1 of NRS 104A.2523 or paragraph (a) of subsection 3 of NRS 104A.2523, or, if agreed, for other default of the lessee:
(a) Accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor;
(b) The present value as of the date determined under paragraph (a) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term; and
(c) Any incidental damages allowed under NRS 104A.2530,
less expenses saved in consequence of the lessees default.
2. If the measure of damages provided in subsection 1 is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under NRS 104A.2530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
Sec. 141. NRS 104A.2529 is hereby amended to read as follows:
104A.2529 1. After default by the lessee under the lease contract [(] of the type described in subsection 1 or paragraph (a) of subsection 3 of NRS 104A.2523 [),] or, if agreed, after other default by the lessee, if the lessor complies with subsection 2, the lessor may recover from the lessee as damages:
(a) For goods accepted by the lessee and not repossessed by or tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee (NRS 104A.2219):
(1) Accrued and unpaid rent as of the date of [default;] entry of judgment in favor of the lessor;
(2) The present value as of the same date [of default] of the rent for the then remaining lease term of the lease agreement; and
(3) Any incidental damages allowed under NRS 104A.2530,
less expenses saved in consequence of the lessees default; and
(b) For goods identified to the lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be unavailing:
(1) Accrued and unpaid rent as of the date of [default;] entry of judgment in favor of the lessor;
(2) The present value as of the same date [of default] of the rent for the then remaining lease term of the lease agreement; and
(3) Any incidental damages allowed under NRS 104A.2530,
less expenses saved in consequence of the lessees default.
2. Except as provided in subsection 3, the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessors control.
3. The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to subsection 1. If the disposition is before the end of the remaining lease term of the lease agreement, the lessors recovery against the lessee for damages [will be] is governed by NRS 104A.2527 or 104A.2528 [.]
κ1991 Statutes of Nevada, Page 430 (CHAPTER 223, AB 256)κ
recovery against the lessee for damages [will be] is governed by NRS 104A.2527 or 104A.2528 [.] , and the lessor will cause an appropriate credit to be provided against a judgment for damages to the extent that the amount of the judgment exceeds the recovery available pursuant to NRS 104A.2527 or 104A.2528.
4. Payment of the judgment for damages obtained pursuant to subsection 1 entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term of and in accordance with the lease agreement.
5. After [a lessee has wrongfully rejected or revoked acceptance of goods, has failed to pay rent then due, or has repudiated (NRS 104A.2402),] default by the lessee under the lease contract of the type described in subsection 1 or paragraph (a) of subsection 3 or NRS 104.2523 or, if agreed, after other default by the lessee, a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for nonacceptance under NRS 104A.2527 [and] or 104A.2528.
Sec. 142. Chapter 104A of NRS is hereby amended by adding thereto the provisions set forth as sections 143 to 181, inclusive, of this act.
Sec. 143. In addition to any other recovery permitted by this article or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessors residual interest in the goods caused by the default of the lessee.
Sec. 144. This article may be cited as Uniform Commercial CodeFunds Transfers.
Sec. 145. Except as otherwise provided in section 151 of this act, this article applies to funds transfers defined in section 147 of this act.
Sec. 146. 1. In this article:
(a) Payment order means an instruction of a sender to a receiving bank, transmitted orally, electronically or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:
(1) The instruction does not state a condition to payment to the beneficiary other than time of payment;
(2) The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and
(3) The instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank.
(b) Beneficiary means the person to be paid by the beneficiarys bank.
(c) Beneficiarys bank means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.
(d) Receiving bank means the bank to which the senders instruction is addressed.
(e) Sender means the person giving the instruction to the receiving bank.
2. If an instruction complying with paragraph (a) of subsection 1 is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.
3. A payment order is issued when it is sent to the receiving bank.
κ1991 Statutes of Nevada, Page 431 (CHAPTER 223, AB 256)κ
Sec. 147. In this article:
1. Funds transfer means the series of transactions, beginning with the originators payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originators bank or an intermediary bank intended to carry out the originators payment order. A funds transfer is completed by acceptance by the beneficiarys bank of a payment order for the benefit of the beneficiary of the originators payment order.
2. Intermediary bank means a receiving bank other than the originators bank or the beneficiarys bank.
3. Originator means the sender of the first payment order in a funds transfer.
4. Originators bank means the receiving bank to which the payment order of the originator is issued if the originator is not a bank, or the originator if the originator is a bank.
Sec. 148. 1. In this article:
(a) Authorized account means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account.
(b) Bank means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of this article.
(c) Customer means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders.
(d) Funds-transfer business day of a receiving bank means the part of a day during which the receiving bank is open for the receipt, processing and transmittal of payment orders and cancellations and amendments of payment orders.
(e) Funds-transfer system means a wire transfer network, automated clearing house, or other communication system of a clearing house or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed.
(f) Good faith means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(g) Prove with respect to a fact means to meet the burden of establishing the fact (subsection 8 of NRS 104.1201).
2. Other definitions applying to this article and the sections in which they appear are:
Acceptance. Section 160 of this act.
Beneficiary. Section 146 of this act.
Beneficiarys bank. Section 146 of this act.
Executed. Section 164 of this act.
Execution date. Section 164 of this act.
Funds transfer. Section 147 of this act.
Funds-transfer system rule. Section 175 of this act.
κ1991 Statutes of Nevada, Page 432 (CHAPTER 223, AB 256)κ
Intermediary bank. Section 147 of this act.
Originator. Section 147 of this act.
Originators bank. Section 147 of this act.
Payment by beneficiarys bank to beneficiary. Section 173 of this act.
Payment by originator to beneficiary. Section 174 of this act.
Payment by sender to receiving bank. Section 171 of this act.
Payment date. Section 169 of this act.
Payment order. Section 146 of this act.
Receiving bank. Section 146 of this act.
Security procedure. Section 152 of this act.
Sender. Section 146 of this act.
3. The following definitions in article 4 apply to this article:
Clearing house. NRS 104.4104.
Item. NRS 104.4104.
Suspends payments. NRS 104.4104.
4. In addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
Sec. 149. 1. The time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules applicable to receipt of a notice stated in subsection 27 of NRS 104.1201. A receiving bank may fix a cutoff time or times of a funds-transfer business day for the receipt and processing of payment orders and communications canceling or amending payment orders. Different cutoff times may apply to payment orders, cancellations or amendments, or to different categories of payment orders, cancellations of amendments. A cutoff time may apply to senders generally or different cutoff times may apply to different senders or categories of payment orders. If a payment order or communication canceling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cutoff time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day.
2. If this article refers to an execution date or payment date or states a day on which a receiving bank is required to take action, and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this article.
Sec. 150. Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve banks supersede any inconsistent provision of this article to the extent of the inconsistency.
Sec. 151. This article does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. §§ 1693 et seq.) as amended from time to time.
Sec. 152. 1. Security procedure means a procedure established by agreement of a customer and a receiving bank to:
(a) Verify that a payment order or communication amending or canceling a payment order is that of the customer; or
(b) Detect error in the transmission or the content of the payment order or communication.
κ1991 Statutes of Nevada, Page 433 (CHAPTER 223, AB 256)κ
2. A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures or similar security devices.
3. Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer is not by itself a security procedure.
Sec. 153. 1. A payment order received by the receiving bank is the authorized order of the person identified as sender if he authorized the order or is otherwise bound by it under the law of agency.
2. If a bank and its customer have agreed that the authenticity of payment orders issued to the bank in the name of the customer as sender will be verified pursuant to a security procedure, a payment order received by the receiving bank is effective as the order of the customer, whether or not authorized, if the security procedure is a commercially reasonable method of providing security against unauthorized payment orders, and the bank proves that it accepted the payment order in good faith and in compliance with the security procedure and any written agreement or instruction of the customer restricting acceptance of payment orders issued in the name of the customer. The bank is not required to follow an instruction that violates a written agreement with the customer or notice of which is not received at a time and in a manner affording the bank a reasonable opportunity to act on it before the payment order is accepted.
3. Commercial reasonableness of a security procedure is a question of law to be determined by considering the wishes of the customer expressed to the bank, the circumstances of the customer known to the bank, including the size, type and frequency of payment orders normally issued by the customer to the bank, alternative security procedures offered to the customer, and security procedures in general use by customers and receiving banks similarly situated. A security procedure is deemed to be commercially reasonable if:
(a) The security procedure was chosen by the customer after the bank offered, and the customer refused, a security procedure that was commercially reasonable for that customer; and
(b) The customer expressly agreed in writing to be bound by any payment order, whether or not authorized, issued in its name and accepted by the bank in compliance with the security procedure chosen by the customer.
4. The term sender in this article includes the customer in whose name a payment order is issued if the order is the authorized order of the customer under subsection 1, or it is effective as the order of the customer under subsection 2.
5. This section applies to amendments and cancellations of payment orders to the same extent it applies to payment orders.
6. Except as otherwise provided in this section and in paragraph (a) of subsection 1 of section 154 of this act, rights and obligations arising under this section or section 154 of this act may not be varied by agreement.
Sec. 154. 1. If an accepted payment order is not, under subsection 1 of section 153 of this act, an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to subsection 2 of section 153 of this act, the following rules apply:
κ1991 Statutes of Nevada, Page 434 (CHAPTER 223, AB 256)κ
(a) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order.
(b) The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was not caused, directly or indirectly, by a person:
(1) Entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure; or
(2) Who obtained access to transmitting facilities of the customer or who obtained, from a source controlled by the customer and without authority of the receiving bank, information facilitating breach of the security procedure, regardless of how the information was obtained or whether the customer was at fault.
Information includes any access device, computer software, or the like.
2. This section applies to amendments of payment orders to the same extent it applies to payment orders.
Sec. 155. 1. If a receiving bank accepts a payment order issued in the name of its customer as sender which is not authorized and not effective as the order of the customer under section 153 of this act, or not enforceable, in whole or in part, against the customer under section 154 of this act, the bank shall refund any payment of the payment order received from the customer to the extent the bank is not entitled to enforce payment and shall pay interest on the refundable amount calculated from the date the bank received payment to the date of the refund. However, the customer is not entitled to interest from the bank on the amount to be refunded if he fails to exercise ordinary care to determine that the order was not authorized by him and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the date he received notification from the bank that the order was accepted or that his account was debited with respect to the order. The bank is not entitled to any recovery from the customer on account of a failure by him to give notification as stated in this section.
2. Reasonable time under subsection 1 may be fixed by agreement as stated in subsection 1 of NRS 104.1204, but the obligation of a receiving bank to refund payment as stated in subsection 1 may not otherwise be varied by agreement.
Sec. 156. 1. If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order erroneously instructed payment to a beneficiary not intended by the sender, erroneously instructed payment in an amount greater than the amount intended by the sender, or was an erroneously transmitted duplicate of a payment order previously sent by the sender, the following rules apply:
(a) If the sender proves that he or a person acting on his behalf pursuant to section 157 of this act complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in paragraphs (b) and (c).
(b) If the funds transfer is completed on the basis of a payment order erroneous for the first or third reason described in subsection 1, the sender is not obliged to pay the order and the receiving bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution.
κ1991 Statutes of Nevada, Page 435 (CHAPTER 223, AB 256)κ
(c) If the funds transfer is completed on the basis of a payment order erroneous for the second reason described in subsection 1, the sender is not obliged to pay the order to the extent the amount received by the beneficiary is greater than the amount intended by the sender. In that case, the receiving bank is entitled to recover from the beneficiary the excess amount received to the extent allowed by the law governing mistake and restitution.
2. If the sender of an erroneous payment order described in subsection 1 is not obliged to pay all or part of the order, and the sender receives notification from the receiving bank that the order was accepted by the bank or that his account was debited with respect to the order, the sender has a duty to exercise ordinary care, on the basis of information available to him, to discover the error with respect to the order and to advise the bank of the relevant facts within a reasonable time, not exceeding 90 days, after the banks notification was received by him. If the bank proves that the sender failed to perform that duty, the sender is liable to the bank for the loss the bank proves it incurred as a result of the failure, but the liability of the sender may not exceed the amount of his order.
3. This section applies to amendments to payment orders to the same extent it applies to payment orders.
Sec. 157. 1. If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party communication system for transmittal to the bank, the system is deemed to be an agent of the sender for the purpose of transmitting the payment order to the bank. If there is a discrepancy between the terms of the payment order transmitted to the system and the terms of the payment order transmitted by the system to the bank, the terms of the payment order of the sender are those transmitted by the system. This section does not apply to a funds-transfer system of the Federal Reserve banks.
2. This section applies to cancellations and amendments of payment orders to the same extent it applies to payment orders.
Sec. 158. 1. Except as otherwise provided in subsection 2, if, in a payment order received by the beneficiarys bank, the name, bank account number or other identification of the beneficiary refers to a nonexistent or unidentifiable person or account, no person has rights as a beneficiary of the order and acceptance of the order cannot occur.
2. If a payment order received by the beneficiarys bank identifies the beneficiary both by name and by an identifying or bank account number and the name and number identify different persons, the following rules apply:
(a) Except as otherwise provided in subsection 3, if the beneficiarys bank does not know that the name and number refer to different persons, it may rely on the number as the proper identification of the beneficiary of the order. The beneficiarys bank need not determine whether the name and number refer to the same person.
(b) If the beneficiarys bank pays the person identified by name or knows that the name and number identify different persons, no person has rights as beneficiary except the person paid by the beneficiarys bank if that person was entitled to receive payment from the originator of the funds transfer. If no person has rights as beneficiary, acceptance of the order cannot occur.
κ1991 Statutes of Nevada, Page 436 (CHAPTER 223, AB 256)κ
3. If a payment order described in subsection 2 is accepted, the originators payment order described the beneficiary inconsistently by name and number, and beneficiarys bank pays the person identified by number as permitted by paragraph (a) of subsection 2, the following rules apply:
(a) If the originator is a bank, the originator is obliged to pay its order.
(b) If the originator is not a bank and proves that the person identified by number was not entitled to receive payment from the originator, the originator is not obliged to pay its order unless the originators bank proves that the originator, before acceptance of his order, had notice that payment of a payment order issued by him might be made by the beneficiarys bank on the basis of an identifying or bank account number even if it identified a person different from the named beneficiary. Proof of notice may be made by any admissible evidence. The originators bank satisfies the burden of proof if it proves that the originator, before the payment order was accepted, signed a writing stating the information to which the notice relates.
4. In a case governed by paragraph (a) of subsection 2, if the beneficiarys bank rightfully pays the person identified by number and that person was not entitled to receive payment from the originator, the amount paid may be recovered from that person to the extent allowed by the law governing mistake and restitution as follows:
(a) If the originator is obliged to pay its payment order as stated in subsection 3, the originator has the right to recover.
(b) If the originator is not a bank and is not obliged to pay its payment order, the originators bank has the right to recover.
Sec. 159. 1. If a payment order identifies an intermediary bank or the beneficiarys bank only by an identifying number, the following rules apply:
(a) The receiving bank may rely on the number as the proper identification of the intermediary or beneficiarys bank and need not determine whether the number identifies a bank.
(b) The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order.
2. If a payment order identifies an intermediary bank or the beneficiarys bank both by name and an identifying number and the name and number identify different persons, the following rules apply:
(a) If the sender is a bank, the receiving bank may rely on the number as the proper identification of the intermediary or beneficiarys bank if the receiving bank, when it executes the senders order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person or whether the number refers to a bank. The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order.
(b) If the sender is not a bank and the receiving bank proves that the sender, before the payment order was accepted, had notice that the receiving bank might rely on the number as the proper identification of the intermediary or beneficiarys bank even if it identifies a person different from the bank identified by name, the rights and obligations of the sender and the receiving bank are governed by paragraph (a), as though the sender were a bank.
κ1991 Statutes of Nevada, Page 437 (CHAPTER 223, AB 256)κ
Proof of notice may be made by any admissible evidence. The receiving bank satisfies the burden of proof if it proves that the sender, before the payment order was accepted, signed a writing stating the information to which the notice relates.
(c) Whether or not the sender is a bank, the receiving bank may rely on the name as the proper identification of the intermediary or beneficiarys bank if the receiving bank, at the time it executes the senders order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person.
(d) If the receiving bank knows that the name and number identify different persons, reliance on either the name or the number in executing the senders payment order is a breach of the obligation stated in paragraph (a) of subsection 1 of section 165 of this act.
Sec. 160. 1. Except as otherwise provided in subsection 4, a receiving bank other than the beneficiarys bank accepts a payment order when it executes the order.
2. Except as otherwise provided in subsections 3 and 4, a beneficiarys bank accepts a payment order at the earliest of the following times:
(a) When the bank pays the beneficiary as stated in subsection 1 or 2 of section 173 of this act, or notifies the beneficiary of receipt of the order or that the account of the beneficiary has been credited with respect to the order unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from the sender of the order;
(b) When the bank receives payment of the entire amount of the senders order pursuant to paragraph (a) or (b) of subsection 1 of section 171 of this act; or
(c) The opening of the next funds-transfer business day of the bank following the payment date of the order if, at that time, the amount of the senders order is fully covered by a withdrawable credit balance in an authorized account of the sender or the bank has otherwise received full payment from the sender, unless the order was rejected before that time or is rejected within 1 hour after that time, or 1 hour after the opening of the next business day of the sender following the payment date if that time is later. If notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly.
3. Acceptance of a payment order cannot occur before the order is received by the receiving bank. Acceptance does not occur under paragraph (b) or (c) of subsection 2 if the beneficiary of the payment order does not have an account with the receiving bank, the account has been closed, or the receiving bank is not permitted by law to receive credits for the beneficiarys account.
4. A payment order issued to the originators bank cannot be accepted until the payment date if the bank is the beneficiarys bank, or the execution date if the bank is not the beneficiarys bank.
κ1991 Statutes of Nevada, Page 438 (CHAPTER 223, AB 256)κ
date if the bank is not the beneficiarys bank. If the originators bank executes the originators payment order before the execution date or pays the beneficiary of the originators payment order before the payment date and the payment order is subsequently canceled pursuant to subsection 2 of section 162 of this act, the bank may recover from the beneficiary any payment received to the extent allowed by the law governing mistake and restitution.
Sec. 161. 1. A payment order is rejected by the receiving bank by a notice of rejection transmitted to the sender orally, electronically or in writing. A notice of rejection need not use any particular words and is sufficient if it indicates that the receiving bank is rejecting the order or will not execute or pay the order. Rejection is effective when the notice is given if transmission is by a means that is reasonable in the circumstances. If notice of rejection is given by a means that is not reasonable, rejection is effective when the notice is received. If an agreement of the sender and receiving bank establishes the means to be used to reject a payment order, any means complying with the agreement is reasonable and any means not complying is not reasonable unless no significant delay in receipt of the notice resulted from the use of the noncomplying means.
2. If a receiving bank other than the beneficiarys bank fails to execute a payment order despite the existence on the execution date of a withdrawable credit balance in an authorized account of the sender sufficient to cover the order, the following rules apply:
(a) If the sender does not receive notice of rejection of the order on the execution date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the execution date to the earlier of the day the order is canceled pursuant to subsection 4 of section 162 of this act or the day the sender receives notice or learns that the order was not executed, counting the final day of the period as an elapsed day.
(b) If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest is reduced accordingly.
3. If a receiving bank suspends payments, all unaccepted payment orders issued to it are deemed rejected at the time the bank suspends payments.
4. Acceptance of a payment order precludes a later rejection of the order. Rejection of a payment order precludes a later acceptance of the order.
Sec. 162. 1. A communication of the sender of a payment order canceling or amending the order may be transmitted to the receiving bank orally, electronically or in writing. If a security procedure is in effect between the sender and the receiving bank, the communication is not effective to cancel or amend the order unless the communication is verified pursuant to the security procedure or the bank agrees to the cancellation or amendment.
2. Except as otherwise provided in subsection 1, a communication by the sender canceling or amending a payment order is effective to cancel or amend the order if notice of the communication is received at a time and in a manner affording the receiving bank a reasonable opportunity to act on the communication before the bank accepts the payment order.
3. After a payment order has been accepted, cancellation or amendment of the order is not effective unless the receiving bank agrees or a funds-transfer system rule allows cancellation or amendment without agreement of the bank.
κ1991 Statutes of Nevada, Page 439 (CHAPTER 223, AB 256)κ
system rule allows cancellation or amendment without agreement of the bank. The following rules also apply:
(a) With respect to a payment order accepted by a receiving bank other than the beneficiarys bank, cancellation or amendment is not effective unless a conforming cancellation or amendment of the payment order issued by the receiving bank is also made.
(b) With respect to a payment order accepted by the beneficiarys bank, cancellation or amendment is not effective unless the order was issued in execution of an unauthorized payment order, or because of a mistake by a sender in the funds transfer which resulted in the issuance of a payment order that is a duplicate of a payment order previously issued by the sender, that orders payment to a beneficiary not entitled to receive payment from the originator, or that orders payment in an amount greater than the amount the beneficiary was entitled to receive from the originator. If the payment order is canceled or amended, the beneficiarys bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution.
4. An unaccepted payment order is canceled by operation of law at the close of the fifth funds-transfer business day of the receiving bank after the execution date or payment date of the order.
5. A canceled payment order cannot be accepted. If an accepted payment order is canceled, the acceptance is nullified and no person has any right or obligation based on the acceptance. Amendment of a payment order is deemed to be cancellation of the original order at the time of amendment and issue of a new payment order in the amended form at the same time.
6. Unless otherwise provided in an agreement of the parties or in a funds-transfer system rule, if the receiving bank, after accepting a payment order, agrees to cancellation or amendment of the order by the sender or is bound by a funds-transfer system rule allowing cancellation or amendment without the banks agreement, the sender, whether or not cancellation or amendment is effective, is liable to the bank for any loss and expenses, including reasonable attorneys fees, incurred by the bank as a result of the cancellation or amendment or attempted cancellation or amendment.
7. A payment order is not revoked by the death or legal incapacity of the sender unless the receiving bank knows of the death or of an adjudication of incapacity by a court of competent jurisdiction and has reasonable opportunity to act before acceptance of the order.
8. A funds-transfer system rule is not effective to the extent it conflicts with paragraph (b) of subsection 3.
Sec. 163. If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in this article, but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action, or refrain from taking action, with respect to the order except as provided in this article or by express agreement. Liability based on acceptance arises only when acceptance occurs as stated in section 160 of this act, and liability is limited to that provided in this article. A receiving bank is not the agent of the sender or beneficiary of the payment order it accepts, or of any other party to the funds transfer, and the bank owes no duty to any party to the funds transfer except as otherwise provided in this article or by express agreement.
κ1991 Statutes of Nevada, Page 440 (CHAPTER 223, AB 256)κ
party to the funds transfer except as otherwise provided in this article or by express agreement.
Sec. 164. 1. A payment order is executed by the receiving bank when it issues a payment order intended to carry out the payment order received by the bank. A payment order received by the beneficiarys bank can be accepted but cannot be executed.
2. Execution date of a payment order means the day on which the receiving bank may properly issue a payment order in execution of the senders order. The execution date may be determined by instruction of the sender but cannot be earlier than the day the order is received and, unless otherwise determined, is the day the order is received. If the senders instruction states a payment date, the execution date is the payment date or an earlier date on which execution is reasonably necessary to allow payment to the beneficiary on the payment date.
Sec. 165. 1. Except as otherwise provided in subsections 2, 3 and 4, if the receiving bank accepts a payment order pursuant to subsection 1 of section 160 of this act, the bank has the following obligations in executing the order:
(a) The receiving bank is obliged to issue, on the execution date, a payment order complying with the senders order and to follow the senders instructions concerning any intermediary bank or funds-transfer system to be used in carrying out the funds transfer, or the means by which payment orders are to be transmitted in the funds transfer. If the originators bank issues a payment order to an intermediary bank, the originators bank is obliged to instruct the intermediary bank according to the instruction of the originator. An intermediary bank in the funds transfer is similarly bound by an instruction given to it by the sender of the payment order it accepts.
(b) If the senders instruction states that the funds transfer is to be carried out telephonically or by wire transfer or otherwise indicates that the funds transfer is to be carried out by the most expeditious means, the receiving bank is obliged to transmit its payment order by the most expeditious available means, and to instruct any intermediary bank accordingly. If a senders instruction states a payment date, the receiving bank is obliged to transmit its payment order at a time and by means reasonably necessary to allow payment to the beneficiary on the payment date or as soon thereafter as is feasible.
2. Unless otherwise instructed, a receiving bank executing a payment order may use any funds-transfer system if use of that system is reasonable in the circumstances, and issue a payment order to the beneficiarys bank or to an intermediary bank through which a payment order conforming to the senders order can expeditiously be issued to the beneficiarys bank if the receiving bank exercises ordinary care in the selection of the intermediary bank. A receiving bank is not required to follow an instruction of the sender designating a funds-transfer system to be used in carrying out the funds transfer if the receiving bank, in good faith, determines that it is not feasible to follow the instruction or that following the instruction would unduly delay completion of the funds transfer.
3. Unless paragraph (b) of subsection 1 applies or the receiving bank is otherwise instructed, the bank may execute a payment order by transmitting its payment order by first-class mail or by any means reasonable in the circumstances. If the receiving bank is instructed to execute the senders order by transmitting its payment order by a particular means, the receiving bank may issue its payment order by the means stated or by any means as expeditious as the means stated.
κ1991 Statutes of Nevada, Page 441 (CHAPTER 223, AB 256)κ
order by transmitting its payment order by a particular means, the receiving bank may issue its payment order by the means stated or by any means as expeditious as the means stated.
4. Unless instructed by the sender:
(a) The receiving bank may not obtain payment of its charges for services and expenses in connection with the execution of the senders order by issuing a payment order in an amount equal to the amount of the senders order less the amount of the charges; and
(b) May not instruct a subsequent receiving bank to obtain payment of its charges in the same manner.
Sec. 166. 1. A receiving bank that executes the payment order of the sender by issuing a payment order in an amount greater than the amount of the senders order, or issues a payment order in execution of the senders order and then issues a duplicate order, is entitled to payment of the amount of the senders order under subsection 3 of section 170 of this act if that subsection is otherwise satisfied. The bank is entitled to recover from the beneficiary of the erroneous order the excess payment received to the extent allowed by the law governing mistake and restitution.
2. A receiving bank that executes the payment order of the sender by issuing a payment order in an amount less than the amount of the senders order is entitled to payment of the amount of the senders order under subsection 3 of section 170 of this act if that subsection is otherwise satisfied and the bank corrects its mistake by issuing an additional payment order for the benefit of the beneficiary of the senders order. If the error is not corrected, the issuer of the erroneous order is entitled to receive or retain payment from the sender of the order it accepted only to the extent of the amount of the erroneous order. This subsection does not apply if the receiving bank executes the senders payment order by issuing a payment order in an amount less than the amount of the senders order for the purpose of obtaining payment of its charges for services and expenses pursuant to instruction of the sender.
3. If a receiving bank executes the payment order of the sender by issuing a payment order to a beneficiary different from the beneficiary of the senders order and the funds transfer is completed on the basis of that error, the sender of the payment order that was erroneously executed and all previous senders in the funds transfer are not obliged to pay the payment orders they issued. The issuer of the erroneous order is entitled to recover from the beneficiary of the order the payment received to the extent allowed by the law governing mistake and restitution.
Sec. 167. If the sender of a payment order that is erroneously executed as stated in section 166 of this act receives notification from the receiving bank that the order was executed or that the senders account was debited with respect to the order, the sender has a duty to exercise ordinary care to determine, on the basis of information available to the sender, that the order was erroneously executed and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the notification from the bank was received by the sender. If the sender fails to perform that duty, the bank is not obliged to pay interest on any amount refundable to the sender under subsection 4 of section 170 of this act for the period before the bank learns of the execution error.
κ1991 Statutes of Nevada, Page 442 (CHAPTER 223, AB 256)κ
the execution error. The bank is not entitled to any recovery from the sender on account of a failure by the sender to perform the duty stated in this section.
Sec. 168. 1. If a funds transfer is completed but execution of a payment order by the receiving bank in breach of section 165 of this act results in delay in payment to the beneficiary, the bank is obliged to pay interest to either the originator or the beneficiary of the funds transfer for the period of delay caused by the improper execution. Except as otherwise provided in subsection 3, additional damages are not recoverable.
2. If execution of a payment order by a receiving bank in breach of section 165 of this act results in noncompletion of the funds transfer, failure to use an intermediary bank designated by the originator, or issuance of a payment order that does not comply with the terms of the payment order of the originator, the bank is liable to the originator for its expenses in the funds transfer and for incidental expenses and interest losses, to the extent not covered by subsection 1, resulting from the improper execution. Except as otherwise provided in subsection 3, additional damages are not recoverable.
3. In addition to the amounts payable under subsections 1 and 2, damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank.
4. If a receiving bank fails to execute a payment order it was obliged by express agreement to execute, the receiving bank is liable to the sender for its expenses in the transaction and for incidental expenses and interest losses resulting from the failure to execute. Additional damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank, but are not otherwise recoverable.
5. Reasonable attorneys fees are recoverable if demand for compensation under subsection 1 or 2 is made and refused before an action is brought on the claim. If a claim is made for breach of an agreement under subsection 4 and the agreement does not provide for damages, reasonable attorneys fees are recoverable if demand for compensation under subsection 4 is made and refused before an action is brought on the claim.
6. Except as stated in this section, the liability of a receiving bank under subsections 1 and 2 may not be varied by agreement.
Sec. 169. Payment date of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiarys bank. The payment date may be determined by instruction of the sender but cannot be earlier than the day the order is received by the beneficiarys bank and, unless otherwise determined, is the day the order is received by the beneficiarys bank.
Sec. 170. 1. This section is subject to sections 156 and 158 of this act.
2. With respect to a payment order issued to the beneficiarys bank, acceptance of the order by the bank obliges the sender to pay the bank the amount of the order, but payment is not due until the payment date of the order.
3. This subsection is subject to subsection 5 and to section 166 of this act. With respect to a payment order issued to a receiving bank other than the beneficiarys bank, acceptance of the order by the receiving bank obliges the sender to pay the bank the amount of his order. Payment by the sender is not due until the execution date of his order. The obligation of a sender to pay his payment order is excused if the funds transfer is not completed by acceptance by the beneficiarys bank of a payment order instructing payment to the beneficiary of that senders payment order.
κ1991 Statutes of Nevada, Page 443 (CHAPTER 223, AB 256)κ
payment order is excused if the funds transfer is not completed by acceptance by the beneficiarys bank of a payment order instructing payment to the beneficiary of that senders payment order.
4. If the sender of a payment order pays the order and was not obliged to pay all or part of the amount paid, the bank receiving payment is obliged to refund payment to the extent the sender was not obliged to pay. Except as otherwise provided in sections 155 and 167 of this act, interest is payable on the refundable amount from the date of payment.
5. If a funds transfer is not completed as stated in subsection 3 and an intermediary bank is obliged to refund payment as stated in subsection 4 but is unable to do so because not permitted by applicable law or because the bank suspends payments, a sender in the funds transfer that executed a payment order in compliance with an instruction, as stated in paragraph (a) of subsection 1 of section 165 of this act, to route the funds transfer through that intermediary bank is entitled to receive or retain payment from the sender of the payment order that it accepted. The first sender in the funds transfer that issued an instruction requiring routing through that intermediary bank is subrogated to the right of the bank that paid the intermediary bank to refund as stated in subsection 4.
6. The right of the sender of a payment order to be excused from the obligation to pay the order as stated in subsection 3 or to receive refund under subsection 4 may not be varied by agreement.
Sec. 171. 1. Payment of the senders obligation under section 170 of this act to pay the receiving bank occurs as follows:
(a) If the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a Federal Reserve bank or through a funds-transfer system.
(b) If the sender is a bank and the sender credited an account of the receiving bank with the sender, or caused an account of the receiving bank in another bank to be credited, payment occurs when the credit is withdrawn or, if not withdrawn, at midnight of the day on which the credit is withdrawable and the receiving bank learns of that fact.
(c) If the receiving bank debits an account of the sender with the receiving bank, payment occurs when the debit is made to the extent the debit is covered by a withdrawable credit balance in the account.
2. If the sender and receiving bank are members of a funds-transfer system that nets obligations multilaterally among participants, the receiving bank receives final settlement when settlement is complete in accordance with the rules of the system. The obligation of the sender to pay the amount of a payment order transmitted through the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against the senders obligation the right of the sender to receive payment from the receiving bank of the amount of any other payment order transmitted to the sender by the receiving bank through the funds-transfer system. The aggregate balance of obligations owed by each sender to each receiving bank in the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against that balance the aggregate balance of obligations owed to the sender by other members of the system.
κ1991 Statutes of Nevada, Page 444 (CHAPTER 223, AB 256)κ
system. The aggregate balance is determined after the right of setoff stated in the second sentence of this subsection has been exercised.
3. If two banks transmit payment orders to each other under an agreement that settlement of the obligations of each bank to the other under section 170 of this act will be made at the end of the day or other period, the total amount owed with respect to all orders transmitted by one bank shall be set off against the total amount owed with respect to all orders transmitted by the other bank. To the extent of the setoff, each bank has made payment to the other.
4. In a case not covered by subsection 1, the time when payment of the senders obligation under subsection 2 or 3 of section 170 of this act occurs is governed by applicable principles of law that determine when an obligation is satisfied.
Sec. 172. 1. Except as otherwise provided in subsection 5 of section 162 and subsections 4 and 5 of section 173 of this act, if a beneficiarys bank accepts a payment order, the bank is obliged to pay the amount of the order to the beneficiary of the order. Payment is due on the payment date of the order, but if acceptance occurs on the payment date after the close of the funds-transfer business day of the bank, payment is due on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary and receipt of notice of particular circumstances that will give rise to consequential damages as a result of nonpayment, the beneficiary may recover damages resulting from the refusal to pay to the extent the bank had notice of the damages, unless the bank proves that it did not pay because of a reasonable doubt concerning the right of the beneficiary to payment.
2. If a payment order accepted by the beneficiarys bank instructs payment to an account of the beneficiary, the bank is obliged to notify the beneficiary of receipt of the order before midnight of the next funds-transfer business day following the payment date. If the payment order does not instruct payment to an account of the beneficiary, the bank is required to notify the beneficiary only if notice is required by the order. Notice may be given by first-class mail or any other means reasonable in the circumstances. If the bank fails to give the required notice, the bank is obliged to pay interest to the beneficiary on the amount of the payment order from the day notice should have been given until the day the beneficiary learned of receipt of the payment order by the bank. No other damages are recoverable. Reasonable attorneys fees are also recoverable if demand for interest is made and refused before an action is brought on the claim.
3. The right of a beneficiary to receive payment and damages as stated in subsection 1 may not be varied by agreement or a funds-transfer system rule. The right of a beneficiary to be notified as stated in subsection 2 may be varied by agreement of the beneficiary or by a funds-transfer system rule if the beneficiary is notified of the rule before initiation of the funds transfer.
Sec. 173. 1. If the beneficiarys bank credits an account of the beneficiary of a payment order, payment of the banks obligation under subsection 1 of section 172 of this act occurs when and to the extent the beneficiary is notified of the right to withdraw the credit, the bank lawfully applies the credit to a debt of the beneficiary, or funds with respect to the order are otherwise made available to the beneficiary by the bank.
κ1991 Statutes of Nevada, Page 445 (CHAPTER 223, AB 256)κ
2. If the beneficiarys bank does not credit an account of the beneficiary of a payment order, the time when payment of the banks obligation under subsection 1 of section 172 of this act occurs is governed by principles of law that determine when an obligation is satisfied.
3. Except as stated in subsections 4 and 5, if the beneficiarys bank pays the beneficiary of a payment order under a condition to payment or agreement of the beneficiary giving the bank the right to recover payment from the beneficiary if the bank does not receive payment of the order, the condition to payment or agreement is not enforceable.
4. A funds-transfer system rule may provide that payments made to beneficiaries of funds transfers made through the system are provisional until receipt of payment by the beneficiarys bank of the payment order it accepted. A beneficiarys bank that makes a payment that is provisional under the rule is entitled to refund from the beneficiary if the rule requires that both the beneficiary and the originator be given notice of the provisional nature of the payment before the funds transfer is initiated, the beneficiary, the beneficiarys bank and the originators bank agreed to be bound by the rule, and the beneficiarys bank did not receive payment of the payment order that it accepted. If the beneficiary is obliged to refund payment to the beneficiarys bank, acceptance of the payment order by the beneficiarys bank is nullified and no payment by the originator of the funds transfer to the beneficiary occurs under section 174 of this act.
5. This subsection applies to a funds transfer that includes a payment order transmitted over a funds-transfer system that nets obligations multilaterally among participants, and has in effect a loss-sharing agreement among participants for the purpose of providing funds necessary to complete settlement of the obligations of one or more participants that do not meet their settlement obligations. If the beneficiarys bank in the funds transfer accepts a payment order and the system fails to complete settlement pursuant to its rules with respect to any payment order in the funds transfer:
(a) The acceptance by the beneficiarys bank is nullified and no person has any right or obligation based on the acceptance;
(b) The beneficiarys bank is entitled to recover payment from the beneficiary;
(c) No payment by the originator to the beneficiary occurs under section 174 of this act; and
(d) Subject to subsection 5 of section 168 of this act, each sender in the funds transfer is excused from its obligation to pay its payment order under subsection 3 of section 170 of this act because the funds transfer has not been completed.
Sec. 174. 1. Except as otherwise provided in subsection 5 of section 162 and subsections 4 and 5 of section 173 of this act, the originator of a funds transfer pays the beneficiary of the originators payment order at the time a payment order for the benefit of the beneficiary is accepted by the beneficiarys bank in the funds transfer and in an amount equal to the amount of the order accepted by the beneficiarys bank, but not more than the amount of the originators order.
κ1991 Statutes of Nevada, Page 446 (CHAPTER 223, AB 256)κ
2. If payment under subsection 1 is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless:
(a) The payment under subsection 1 was made by a means prohibited by the contract of the beneficiary with respect to the obligation;
(b) The beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiarys bank, notified the originator of the beneficiarys refusal of the payment;
(c) Funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary; and
(d) The beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract. If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiarys bank under subsection 1 of section 172 of this act.
3. For the purpose of determining whether discharge of an obligation occurs under subsection 2, if the beneficiarys bank accepts a payment order in an amount equal to the amount of the originators payment order less charges of one or more receiving banks in the funds transfer, payment to the beneficiary is deemed to be in the amount of the originators order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.
4. Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary.
Sec. 175. 1. Except as otherwise provided in this article, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party.
2. Funds-transfer system rule means a rule of an association of banks governing transmission of payment orders by means of a funds-transfer system of the association or rights and obligations with respect to those orders, or to the extent the rule governs rights and obligations between banks that are parties to a funds transfer in which a Federal Reserve bank, acting as an intermediary bank, sends a payment order to the beneficiarys bank. Except as otherwise provided in this article, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this article and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system to the extent stated in subsection 3 of section 172, subsection 4 of section 173, and subsection 3 of section 181 of this act.
Sec. 176. 1. As used in this section, creditors process means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account.
2. If creditors process with respect to an authorized account of the sender of a payment order is served on the receiving bank, and the receiving bank accepts the payment order, the balance in the authorized account available for satisfaction of the creditors process is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditors process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.
κ1991 Statutes of Nevada, Page 447 (CHAPTER 223, AB 256)κ
for satisfaction of the creditors process is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditors process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.
3. If a beneficiarys bank has received a payment order for payment to the beneficiarys account in the bank, the following rules apply:
(a) The bank may credit the beneficiarys account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditors process served on the bank with respect to the account.
(b) The bank may credit the beneficiarys account and allow withdrawal of the amount credited unless creditors process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal.
(c) If creditors process with respect to the beneficiarys account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.
4. Creditors process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiarys bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditors process is not obliged to act with respect to the process.
Sec. 177. 1. For proper cause and in compliance with applicable law, a court may restrain:
(a) A person from issuing a payment order to initiate a funds transfer;
(b) An originators bank from executing the payment order of the originator; or
(c) The beneficiarys bank from releasing funds to the beneficiary or the beneficiary from withdrawing the funds.
2. A court may not otherwise restrain a person from issuing a payment order, paying or receiving payment of a payment order, or otherwise acting with respect to a funds transfer.
Sec. 178. 1. If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that are payable from the senders account, the bank may charge the senders account with respect to the various orders and items in any sequence.
2. In determining whether a credit to an account has been withdrawn by the holder of the account or applied to a debt of the holder of the account, credits first made to the account are first withdrawn or applied.
Sec. 179. If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the customer as sender and accepted by the bank, and the customer received notification reasonably identifying the order, the customer is precluded from asserting that the bank is not entitled to retain the payment unless the customer notifies the bank of his objection to the payment within 1 year after the notification was received by him.
κ1991 Statutes of Nevada, Page 448 (CHAPTER 223, AB 256)κ
Sec. 180. 1. If, under this article, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount payable may be determined:
(a) By agreement of the sender and receiving bank; or
(b) By a funds-transfer system rule if the payment order is transmitted through a funds-transfer system.
2. If the amount of interest is not determined by an agreement or rule as stated in subsection 1, the amount is calculated by multiplying the applicable Federal Funds rate by the amount on which interest is payable, and then multiplying the product by the number of days for which interest is payable. The applicable Federal Funds rate is the average of the Federal Funds rates published by the Federal Reserve bank of New York for each of the days for which interest is payable divided by 360. The Federal Funds rate for any day on which a published rate is not available is the same as the published rate for the next preceding day for which there is a published rate. If a receiving bank that accepted a payment order is required to refund payment to the sender of the order because the funds transfer was not completed, but the failure to complete was not due to any fault by the bank, the interest payable is reduced by a percentage equal to the reserve requirement on deposits of the receiving bank.
Sec. 181. 1. The following rules govern choice of law unless the affected parties otherwise agree or subsection 3 applies:
(a) The rights and obligations between the sender of a payment order and the receiving bank are governed by the law of the jurisdiction in which the receiving bank is located.
(b) The rights and obligations between the beneficiarys bank and the beneficiary are governed by the law of the jurisdiction in which the beneficiarys bank is located.
(c) The issue of when payment is made pursuant to a funds transfer by the originator to the beneficiary is governed by the law of the jurisdiction in which the beneficiarys bank is located.
2. If the parties described in each paragraph of subsection 1 have made an agreement selecting the law of a particular jurisdiction to govern rights and obligations between each other, the law of that jurisdiction governs those rights and obligations, whether or not the payment order or the funds transfer bears a reasonable relation to that jurisdiction.
3. A funds-transfer system rule may select the law of a particular jurisdiction to govern rights and obligations between participating banks with respect to payment orders transmitted or processed through the system, or the rights and obligations of some or all parties to a funds transfer any part of which is carried out by means of the system. A choice of law concerning rights and obligations between participating banks is binding on participating banks. A choice of law concerning rights and obligations of parties generally is binding on the originator, other sender, or a receiving bank having notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system when the originator, other sender, or receiving bank issued or accepted a payment order. The beneficiary of a funds transfer is bound by the choice of law if, when the funds transfer is initiated, the beneficiary has notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system.
κ1991 Statutes of Nevada, Page 449 (CHAPTER 223, AB 256)κ
the choice of law by the system. The law of a jurisdiction selected pursuant to this subsection may govern, whether or not that law bears a reasonable relation to the matter in issue.
4. In the event of inconsistency between an agreement under subsection 2 and a choice-of-law rule under subsection 3, the agreement under subsection 2 prevails.
5. If a funds transfer is made by use of more than one funds-transfer system and there is inconsistency between choice-of-law rules of the systems, the matter in issue is governed by the law of the selected jurisdiction that has the most significant relationship to the matter in issue.
Sec. 182. (Deleted by amendment.)
Sec. 183. NRS 104.6101, 104.6102, 104.6103, 104.6104, 104.6105, 104.6107, 104.6108, 104.6109, 104.6110, 104.6111 and 104.9111 are hereby repealed.
Sec. 184. The legislative counsel shall reserve for reuse the numbers of the section repealed by section 183 of this act and in preparing the 1991 reprint of NRS shall number the sections of chapter 104A of NRS which are added by this act, in conformity with the existing plan of those chapters, to correspond to the numbers assigned within the respective articles of the Uniform Commercial Code by the National Conference of Commissioners on Uniform State Laws. The reserved numbers not so used are reserved for future use for similar purposes.
Sec. 185. 1. This section and sections 1, 3, 5, 122 to 143, inclusive, 183 and 184 become effective in October 1, 1991.
2. Section 2 and sections 144 to 181, inclusive, of this act become effective on January 1, 1992.
________
Assembly Bill No. 280Committee on Government Affairs
CHAPTER 224
AN ACT relating to counties; authorizing a board of county commissioners in certain counties to establish centralized billing and collection of certain fines, fees, bails or forfeitures imposed by a court; and providing other matters properly relating thereto.
[Approved May 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.207 is hereby amended to read as follows:
244.207 1. Notwithstanding any other provision of law, the boards of county commissioners in their respective counties may establish by ordinance central receiving and disbursing systems for the handling of county money and money held in trust by the county or by any of its elected or appointed officers. Such systems may include, but are not limited to, the following:
κ1991 Statutes of Nevada, Page 450 (CHAPTER 224, AB 280)κ
(a) The commingling of all the money from any source if the accounting system employed supplies full information concerning the sources of the money.
(b) The elimination of departmental bank accounts, or accounts in insured savings and loan associations by commingling the money in an account or accounts maintained by the county treasurer.
(c) The elimination of trust bank accounts created for any reason whatsoever, as long as adequate records are maintained to identify fully all trust money. The money previously held in such trust bank accounts may be commingled with other money held in bank accounts maintained by the county treasurer.
(d) The centralization of all disbursing of all money, including trust money, if the accounting system employed supplies full information concerning the disposition of the money.
(e) The centralization of part or all of billing and collection aspects of business licenses, personal property and any other activity of any of the offices of the county that involves billing for services, taxes or fees imposed by statute or ordinance, or the collection of money in payment of such billings.
(f) In a county whose population is 100,000 or more, the centralization of part or all of billing and collection aspects of any fine, fee, bail or forfeiture imposed by a court and any payment ordered by a court pursuant to NRS 178.3975.
2. Investment income from the commingled money will be credited to the general fund of the county if other provisions of law or contract do not require other allocation of such investment income.
3. Nothing in this section:
(a) Eliminates the reporting requirements of various elected and appointed officials relating to the receipt and disposition of money.
(b) Limits the right of a local government as defined in NRS 354.474 , [(] but not including a county , [)] whose money is held in trust by the county to direct the receipt, disbursement and investment of its money independently of the system provided for in this section, where such independent direction is otherwise authorized by law.
________
κ1991 Statutes of Nevada, Page 451κ
Assembly Bill No. 309Committee on Government Affairs
CHAPTER 225
AN ACT relating to local financial administration; requiring a local government to place contributions made to provide group life, accident and health benefits on a self-insured basis in an internal service fund; and providing other matters properly relating thereto.
[Approved May 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.6145 is hereby amended to read as follows:
354.6145 The governing body of any local government may establish an [expendable trust] internal service fund in which contributions of employees and the governing body are placed to provide for group life, accident and health benefits on a self-insured basis.
Sec. 2. NRS 287.010 is hereby amended to read as follows:
287.010 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:
1. Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
2. Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
3. Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as [a trust and agency] an internal service fund as defined by NRS [354.580. The trust funds] 354.543. The money must be deposited in a state or national bank authorized to transact business in the State of Nevada. [The trust instrument must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided.] Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to this subsection.
κ1991 Statutes of Nevada, Page 452 (CHAPTER 225, AB 309)κ
provisions of NRS 689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to this subsection.
4. Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The funds for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
Sec. 3. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 354Committee on Ways and Means
CHAPTER 226
AN ACT making supplemental appropriations to the supreme court of Nevada for the support of the retired justices duty fund and the pensions of justices and judges and their surviving spouses and surviving children; and providing other matters properly relating thereto.
[Approved May 30, 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 supreme court of Nevada:
1. The sum of $125,200 for support of the retired justices duty fund. This appropriation is supplemental to that made by section 17 of chapter 611, Statutes of Nevada 1989, at page 1348.
2. The sum of $138,383 for the pensions of justices and judges and their surviving spouses and surviving children. This appropriation is supplemental to that made by section 20 of chapter 611, Statutes of Nevada 1989, at page 1348.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 1991, and revert 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 453κ
Assembly Bill No. 370Committee on Government Affairs
CHAPTER 227
AN ACT relating to the state personnel system; expanding the authority of the director of the department of personnel to revise the classification plan for positions in the classified service and to make changes in the classification of such positions; and providing other matters properly relating thereto.
[Approved May 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.160 is hereby amended to read as follows:
284.160 1. The director shall prepare, maintain and revise as necessary a classification plan for all positions in the classified service, based upon similarity of duties and responsibilities, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.
2. The duty of the director to classify extends to all offices, employments and positions held by persons who may become members of the classified service under the provisions of this chapter.
3. The director may, after consultation with the head of a department or agency, [recommend] make changes in the classification of positions whenever he deems it necessary for the efficiency of the public service.
4. The classification plan and changes therein are subject to approval by the commission, except that the director may make a [minor] change in [a] the classification plan without the prior approval of the commission if:
(a) [The change does not affect the salary, minimum qualifications or title of the position;
(b)] The director deems it necessary for the efficiency of the public service;
(b) The change is not proposed in conjunction with an occupational study; and
(c) The director, at least [10] 20 working days before [the effective date of ] acting upon the proposed change:
(1) [Mails] Provides written notice of the proposal to each member of the commission, to all departments and to any head of an employees organization who requests notice of such proposals; and
(2) Posts a written notice of the proposal in each of the principal offices of the department of personnel . [; and
(c) The director does not receive any written objections to the proposal before its effective date.]
Any occupational study conducted by the department in connection with the preparation, maintenance or revision of the classification plan must be approved by the commission.
5. If no written objection to the proposed change to the classification plan is received by the director before the date it is scheduled to be acted upon, the director may effect the change. The director shall report to the commission any [minor] change in [a] the classification plan made without its approval at the commissions next succeeding regular meeting.
κ1991 Statutes of Nevada, Page 454 (CHAPTER 227, AB 370)κ
6. If a written objection is received before the date the proposed change is scheduled to be acted upon, the director shall place the matter on the agenda of the commission for consideration at its next succeeding regular meeting.
________
Assembly Bill No. 422Committee on Judiciary
CHAPTER 228
AN ACT relating to statutes; making technical corrections to inappropriate or inaccurate statutory terms; clarifying ambiguous provisions; deleting obsolete provisions; and providing other matters properly relating thereto.
[Approved May 30, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 0.050 is hereby amended to read as follows:
0.050 Except as otherwise expressly provided in a particular statute or required by the context, population means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to section 2 of article I of the Constitution of the United States [.] and reported by the Secretary of Commerce to the governor pursuant to 13 U.S.C. § 141(c).
Sec. 2. NRS 5.050 is hereby amended to read as follows:
5.050 1. Municipal courts have jurisdiction of civil actions or proceedings:
(a) For the violation of any ordinance of their respective cities.
(b) To prevent or abate a nuisance within the limits of their respective cities.
2. The municipal courts have jurisdiction of all misdemeanors committed in violation of the ordinances of their respective cities.
3. The municipal courts have jurisdiction of:
(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,500.
(b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.
(d) Actions for the recovery of personal property belonging the city, when the value thereof does not exceed $2,500.
κ1991 Statutes of Nevada, Page 455 (CHAPTER 228, AB 422)κ
(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys fees, or both if allowed, does not exceed $2,500.
4. Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears [by] from the pleadings [of the verified answer] that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices courts.
Sec. 2.5. NRS 5.073 is hereby amended to read as follows:
5.073 The practice and proceedings in the municipal court must conform, as nearly as practicable, to the practice and proceedings of justices courts in similar cases . [, except that an] An appeal perfected transfers the action to the district court for trial anew [.] , unless the municipal court is designated as a court of record as provided in NRS 5.010. The municipal court must be treated and considered as a justices court whenever the proceedings thereof are called into question.
Sec. 3. NRS 12.015 is hereby amended to read as follows:
12.015 1. Any person who desires to prosecute or defend a civil action may file an affidavit with the court setting forth with particularity facts concerning his income, property and other resources which establish that he is unable to prosecute or defend the action because he is unable to pay the costs of so doing. [The affidavit must be supported by the certificate of an attorney that the person has a meritorious cause of action or defense.] If the judge is satisfied that the person is unable to pay the costs, he shall order:
(a) The clerk of the court:
(1) To allow the person to commence or defend the action without costs; and
(2) To file or issue any necessary writ, process, pleading or paper without charge.
(b) The sheriff or other appropriate public officer within this state to make personal service of any necessary writ, process, pleading or paper without charge.
2. If the person is required to have proceedings reported or recorded, or if the court determines that the reporting, recording or transcription of proceedings would be helpful to the adjudication or appellate review of the case, the court shall order that the reporting, recording or transcription be performed at the expense of the county in which the action is pending but at a reduced rate as set by the county.
3. If the person prevails in the action, the court shall enter its order requiring the losing party to pay into court within 5 days the costs which would have been incurred by the prevailing party, and those costs must then be paid as provided by law.
4. Where the affidavit establishes that the person is unable to defend an action, the running of the time within which to appear and answer or otherwise defend is tolled during the period between the filing of the affidavit and the ruling of the court thereon.
5. An affidavit filed pursuant to this section, and any application or request for an order filed with the affidavit, does not constitute a general appearance before the court by the affiant or give the court personal jurisdiction over him.
κ1991 Statutes of Nevada, Page 456 (CHAPTER 228, AB 422)κ
before the court by the affiant or give the court personal jurisdiction over him.
6. The order of the court to which application is made pursuant to this section is not appealable.
Sec. 4. NRS 21.112 is hereby amended to read as follows:
21.112 1. In order to claim exemption of any property levied on, the judgment debtor must, within 8 days after the notice prescribed in NRS 21.075 is mailed, serve on the sheriff and judgment creditor and file with the clerk of the court issuing the writ of execution an affidavit setting out his claim of exemption. The clerk of the court shall provide the form for the affidavit.
2. When the affidavit is served, the sheriff shall release the property if the judgment creditor, within 5 days after written demand by the sheriff:
(a) Fails to give the sheriff an undertaking executed by two good and sufficient sureties which:
(1) Is in a sum equal to double the value of the property levied on; and
(2) Indemnifies the judgment debtor against loss, liability, damages, costs and attorneys fees by reason of the taking, withholding or sale of the property by the sheriff; or
(b) Fails to file a motion for a hearing to determine whether the property or money is exempt. The clerk of the court shall provide the form for the motion.
3. At the time of giving the sheriff the undertaking provided for in subsection 2, the judgment creditor shall give notice of the undertaking to the judgment debtor.
4. The sheriff is not liable to the judgment debtor for damages by reason of the taking, withholding or sale of any property, where:
(a) No affidavit claiming exemption is served on him; or
(b) An affidavit claiming exemption is served on him, but the sheriff fails to release the property in accordance with this section.
5. [The] Unless the court continues the hearing for good cause shown, the hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.
6. The judgment creditor shall give the judgment debtor at least 5 days notice of the hearing.
Sec. 5. NRS 37.070 is hereby amended to read as follows:
37.070 1. The complaint must contain:
[1.] (a) The name of the court in which the action is commenced.
[2.] (b) The name of the corporation, partnership, association, commission or person in charge of the public use for which the property is sought, who must be styled plaintiff.
[3.] (c) The names of all owners, occupants and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants.
[4.] (d) A statement of the right of the plaintiff.
[5.] (e) If a right of way is sought, the complaint must show the location, general route and termini, and must be accompanied with a map thereof, so far as the right of way is involved in the action or proceeding.
κ1991 Statutes of Nevada, Page 457 (CHAPTER 228, AB 422)κ
[6.] (f) A description of each piece of land sought to be taken, and whether it includes the whole or only part of an entire parcel or tract.
2. All parcels lying in the county and required for the same public use may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the conveniences of parties. Each defendant, at his option, may have a separate trial.
Sec. 6. NRS 40.525 is hereby amended to read as follows:
40.525 1. Whenever title or an interest in real or personal property is affected by the death of any person, any other person who claims any interest in the real or personal property, if his interest is affected by the death of that person, may file in the district court of any county in which any part of the real or personal property is situated a verified petition setting forth those facts and particularly describing the real or personal property, the interest of the petitioner, and the interest of the deceased therein.
2. The clerk shall set the petition for hearing by the court. Notice of hearing of the petition must be mailed, by certified mail return receipt requested, postage prepaid, to the heirs at law of the deceased person at their places of business or residences, if known, and if not, by publication for at least 3 successive weeks in such newspaper as the court orders, failure on the part of any such heir at law to contest the petition precludes any such heir at law from thereafter contesting the validity of the joint interest or its creation or termination.
3. The court shall take evidence for or against the petition, any may render judgment thereon establishing the fact of the death and the termination of the interest of the deceased in the real or personal property described in the petition.
4. A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the real or personal property is situated.
5. As an alternative method [,] of terminating the interest of the deceased person, whenever title or an interest in real or personal property held in joint tenancy or as community property with right of survivorship is affected by the death of [any person,] a joint tenant or spouse, any person who has knowledge of the facts may file in the office of the county recorder in the county where the property is situated an affidavit [reciting the existence of the property, describing the property, and establishing the death of the joint tenant or tenants or the spouse by attaching] meeting the requirements of NRS 111.365, accompanied by a certified copy of the death certificate [or certificates to the affidavit.] of the deceased person.
Sec. 7. NRS 41.139 is hereby amended to read as follows:
41.139 1. Except as otherwise provided in subsection 2, a peace officer, fireman or emergency medical attendant may bring and maintain an action for damages for personal injury caused by the willful act of another, or by anothers lack of ordinary care or skill in the management of his property, if the conduct causing the injury:
(a) Occurred after the person who caused the injury knew or should have known of the presence of the peace officer, fireman or emergency medical attendant;
κ1991 Statutes of Nevada, Page 458 (CHAPTER 228, AB 422)κ
(b) Was intended to injure the peace officer, fireman or emergency medical attendant;
(c) Violated a statute, ordinance or regulation:
(1) Intended to protect the peace officer, fireman or emergency medical attendant; or
(2) Prohibiting resistance to or requiring compliance with an order of a peace officer or fire fighter; or
(d) Was arson.
2. This section does not impose liability on the employer of the peace officer, fireman or emergency medical attendant.
3. As used in this section:
(a) Emergency medical attendant means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.
(b) Peace officer has the meaning ascribed to it in NRS 169.125.
Sec. 8. NRS 49.295 is hereby amended to read as follows:
49.295 1. Except as otherwise provided in subsections 2 and 3 and NRS 49.305:
(a) A husband cannot be examined as a witness for or against his wife without his consent, nor a wife for or against her husband without her consent.
(b) Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage.
2. The provisions of subsection 1 do not apply to a:
(a) Civil proceeding brought by or on behalf of one spouse against the other spouse;
(b) Proceeding to commit or otherwise place [his] a spouse, the property of [his] the spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
(c) Proceeding brought by or on behalf of a spouse to establish his competence;
(d) Proceeding in the juvenile court pursuant to chapter 62 of NRS and NRS 432B.410 to 432B.590, inclusive; or
(e) Criminal proceeding in which one spouse is charged with:
(1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether the crime was committed before or during marriage.
(2) Bigamy or incest.
(3) A crime related to abandonment of a child or nonsupport of a wife or child.
3. The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the husband and wife were married.
Sec. 9. NRS 62.034 is hereby amended to read as follows:
62.034 1. [Each] Unless he has previously attended such a course, each district judge who is first elected or appointed after July 1, 1981, in a judicial district which has one judge, and each other district judge who is first assigned after July 1, 1981, to be the judge of the juvenile court in his judicial district, shall attend instruction at the National College of Juvenile [Justice] and Family Law in Reno, Nevada, in a course designed for the training of new judges of juvenile courts .
κ1991 Statutes of Nevada, Page 459 (CHAPTER 228, AB 422)κ
assigned after July 1, 1981, to be the judge of the juvenile court in his judicial district, shall attend instruction at the National College of Juvenile [Justice] and Family Law in Reno, Nevada, in a course designed for the training of new judges of juvenile courts . [unless he has previously attended such a course.]
2. Each judge to whom this section applies shall attend the instruction provided when it is offered for the first time after his election, appointment or assignment, unless he is excused by written order of the presiding judge of his judicial district, or if the judicial district has [but] only one judge, by a justice of the supreme court.
3. The cost of the instruction must be paid from the account for continuing judicial education.
Sec. 10. NRS 62.170 is hereby amended to read as follows:
62.170 1. Except as otherwise provided in NRS 62.175, any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose conduct indicates that he is a child in need of supervision. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
2. If the child is not released, as provided in subsection 1, the child must be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention must be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as is designated by the court, subject to further order. The court may authorize supervised detention at the childs home in lieu of detention at a facility for the detention of juveniles.
3. A child alleged to be delinquent or in need of supervision must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:
(a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;
(b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;
(c) The child was brought to the probation officer pursuant to a court order or warrant; or
(d) The child is a fugitive from another jurisdiction.
4. A child not alleged to be delinquent or in need of supervision must not at any time be confined or detained in a facility for the secure detention of juveniles or any police station, lockup, jail, prison or other facility in which adults are detained or confined.
κ1991 Statutes of Nevada, Page 460 (CHAPTER 228, AB 422)κ
juveniles or any police station, lockup, jail, prison or other facility in which adults are detained or confined.
5. A child under 18 years of age must not at any time be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult convicted of crime or under arrest and charged with crime, unless:
(a) The child is alleged to be delinquent;
(b) No alternative facility is available; and
(c) The child is separated by sight and sound from any adults who are confined or detained therein.
6. A child alleged to be delinquent who is taken into custody and detained must be given a detention hearing, conducted by the judge or master:
(a) Within 24 hours after the child submits a written application;
(b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;
(c) In a county whose population is [more than 100,000,] 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or
(d) Within 72 hours after the commencement of detention at a facility in which no adults are detained or confined,
whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.
7. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.410. The certificate of attendance must not set forth the name of the child or the offense alleged.
8. A child who is taken into custody and detained must, if alleged to be a child in need of supervision, be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:
(a) Is a ward of a federal court or held pursuant to federal statute;
(b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or
(c) Is accused of violating a valid court order.
If the court makes such a determination, the child may be detained for an additional 24 hours, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement.
9. A child alleged to be in need of supervision who is taken into custody and detained need not be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide