[Rev. 2/12/2019 2:03:52 PM]
κ1993 Statutes of Nevada, Page 1401 (CHAPTER 435, SB 236)κ
The map so filed is evidence of the existence and location of the road. Each person filing such a map shall pay to the county recorder a fee of $10.
Sec. 3. NRS 247.150 is hereby amended to read as follows:
247.150 1. Each county recorder shall keep two separate indexes for each separate book or series of books maintained in his office for the separate alphabetical recordation of the various classes of instruments specified in NRS 247.120. One of the indexes must be for the grantors, defendants, mortgagors, trustors, lessors, vendors, assignors, appointors, parties releasing, judgment debtors, testators, obligors under bonds, parties against whom liens are claimed or attachments issued, mining locators, name of mine, persons filing or parties adversely affected by the document indexed, and the other index must be for the grantees, plaintiffs, mortgagees, beneficiaries, lessees, vendees, assignees, appointees, parties whose mortgages, deeds of trust, liens and similar encumbrances are released or the parties benefited by the document indexed.
2. Each of the indexes must be so arranged as to show:
(a) The names of each of the parties to every instrument, except as provided in subsection 5.
(b) The date on which the instrument was filed in the office of the county recorder.
(c) The book and page where the instrument is recorded, or the file number and file where the instrument may be filed.
(d) Such other data as in the discretion of the county recorder may seem desirable.
If the index is one general series of books for all instruments recorded, it must also show the character of the instrument indexed.
3. The county recorder may keep in the same volume any two or more of the indexes provided for in this section, but the indexes must be kept distinct from each other. Every volume of indexes must be distinctly marked on the outside in such a way as to show all of the indexes kept in it.
4. The first column of the several indexes for parties adversely affected and parties benefited must be arranged in alphabetical order.
5. When a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the indexes. When an instrument is recorded or filed to which an executor, administrator, guardian or trustee is a party, the name of the executor, administrator, guardian or trustee, together with the name of the testator, intestate, or ward, or party for whom the trust is held, must be inserted in the index, except that the name of the trustee in a deed of trust or in a partial or full deed of reconveyance need not be indexed. A trustees deed given upon exercise of the power of sale under any deed of trust must be indexed under the names of the original trustor and the grantee named in it. An instrument affecting a limited partnership is not required to be indexed under the names of the limited partners if it is indexed under the names of the partnership and the general partners.
6. In addition to the indexes required by this section, the county recorder shall also keep and maintain other indexes required in the performance of his official duties.
7. [Every] Except as otherwise provided in subsection 8, every instrument filed in the office of any county recorder for record or filed, but not for recordation, must be alphabetically indexed in the indexes provided for each separate book or set of books or file, under the names of each party adversely affected by the document and under the names of each party benefited by the document so indexed.
κ1993 Statutes of Nevada, Page 1402 (CHAPTER 435, SB 236)κ
recordation, must be alphabetically indexed in the indexes provided for each separate book or set of books or file, under the names of each party adversely affected by the document and under the names of each party benefited by the document so indexed.
8. A map of a minor county road that is filed in the office of a county recorder must:
(a) Be filed in the index for grantors according to the townships, ranges and sections indicated on the face of the map; and
(b) Show the character of the instrument as a map of a minor county road.
9. As an alternative to the method of indexing prescribed by this section, the county recorder may, with the permission of the board of county commissioners, use in place of the index books or volumes:
(a) Card indexes with a metal-reinforced hole punched in them for rod insertion, and the card indexes must be kept in suitable metal file cabinets.
(b) A secure electronic method of indexing, including without limitation microfilm produced by computer or a system using computer terminals.
________
Senate Bill No. 235 — Committee on Natural Resources
CHAPTER 436
AN ACT relating to roads; providing a definition of accessory road; clarifying the rights of certain users of accessory roads; granting governmental immunity with respect to such roads; authorizing the temporary closure of an accessory road because of fire danger; requiring a public hearing before a board of county commissioners may permanently close such a road; providing for vindication of the rights of users of accessory roads by the attorney general under certain circumstances; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 405 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires:
1. Accessory road means any way established over public lands between 1866 and 1976 pursuant to section 8 of chapter 262, 14 Statutes 253 (former 43 U.S.C. § 932) as to which general public use or enjoyment before 1976 is not established, but which provides access to privately owned land.
2. Public utility means any public utility, as that term is defined in NRS 704.020, that is subject to the jurisdiction of the public service commission of Nevada.
Sec. 3. 1. Wherever an accessory road crosses public land, the accessory road is open to:
(a) Raisers of livestock in maintaining their herds;
κ1993 Statutes of Nevada, Page 1403 (CHAPTER 436, SB 235)κ
(b) Any public utility in maintaining, constructing or operating any of its facilities; and
(c) The use of the general public.
2. The state and the respective local governments have no duty to maintain an accessory road and are immune from liability for damages suffered by any person as a result of using such a road.
3. Without obtaining a permit from any public agency, a private owner of land served by an accessory road or a raiser of livestock using such a road may maintain the road and remove debris or vegetation from it, but may not perform new construction. No public agency may charge a fee for the use or maintenance of an accessory road.
Sec. 4. 1. The state forester firewarden or the board of directors of a fire protection district may temporarily close or restrict the use of an accessory road when the danger of fire arising from use of the road so requires. The closure or restricted use may not restrict, impede or preclude the use of the road by a public utility in maintaining, constructing or operating any of its facilities.
2. A board of county commissioners may permanently close an accessory road in its county when the public safety or welfare so requires. Before permanently closing an accessory road, the board of county commissioners shall hold a public hearing. The board shall give written notice of the time and place of the hearing to each owner of land served by the road, and to each stock raiser known to use the road. The board shall also publish the notice in a newspaper of general circulation in the county for 3 successive weeks before the date set for the hearing.
3. Following the hearing, the board of county commissioners shall not close the road unless the benefit to public safety or welfare from its closing outweighs the detriment to owners of land served by the road, to raisers of livestock using the road and to the general public.
4. If the permanent closing of an accessory road deprives an owner of access by road to his land, the public agency closing the road shall pay him just compensation for his loss.
Sec. 5. 1. The legislature hereby finds and declares that the public interest of the State of Nevada is served by keeping accessory roads open and available for use by the residents of this state because:
(a) There exists within this state a large number of accessory roads;
(b) Accessory roads provide access for the control of fire on adjacent lands, the enforcement of laws by peace officers, search and rescue operations, medical personnel and ambulances, and public utilities;
(c) Accessory roads provide access to public lands for members of the general public; and
(d) Accessory roads enhance the taxable value of the private property served by such roads.
2. The legislature therefore directs that, if an agency of the United States responsible for the lands over which an accessory road runs pursues the closing of an accessory road or demands a fee or permit for the use of an accessory road, the attorney general may bring an action for a declaratory judgment as soon as practicable on behalf of:
(a) The state and its residents;
κ1993 Statutes of Nevada, Page 1404 (CHAPTER 436, SB 235)κ
(b) Owners of lands served by the road;
(c) Holders of grazing rights served by the road; and
(d) All other users of the road,
to vindicate the rights of all users to the unimpeded maintenance, use and enjoyment of the road, and the rights of owners of lands served by the road to just compensation for any closing found necessary.
________
Senate Bill No. 213 — Committee on Commerce and Labor
CHAPTER 437
AN ACT relating to certified shorthand reporters; changing references to shorthand reporters to court reporters; increasing certain fees required for certification; revising the qualifications for certification; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 656.010 is hereby amended to read as follows:
656.010 This chapter [shall be] is known and may be cited as the Nevada Certified [Shorthand] Court Reporters Law.
Sec. 2. NRS 656.020 is hereby amended to read as follows:
656.020 1. It is hereby declared to be the policy of the legislature to:
(a) Encourage proficiency in the practice of [shorthand] court reporting as a profession;
(b) Promote efficiency in court and general reporting; and
(c) Extend to the courts and public the protection afforded by a standardized profession by establishing a standard of competency for those engaged in it.
2. The practice of [shorthand] court reporting in the State of Nevada is declared to affect the public health, safety and welfare and is subject to regulation and control in the public interest.
Sec. 3. NRS 656.030 is hereby amended to read as follows:
656.030 As used in this chapter:
1. Board means the certified [shorthand] court reporters board of Nevada.
2. Certificate means a certified [shorthand] court reporters certificate issued under the provisions of this chapter.
3. Court reporter means a person who is technically qualified and registered under this chapter to practice court reporting.
4. Practice of [shorthand] court reporting means reporting by the use of any system of manual or mechanical shorthand writing:
(a) Grand jury proceedings;
(b) Court proceedings;
(c) Pretrial examinations, depositions, motions and related proceedings of like character; or
κ1993 Statutes of Nevada, Page 1405 (CHAPTER 437, SB 213)κ
(d) Proceedings of an administrative agency [when] if the final decision of the agency with reference thereto is subject to judicial review.
[4. Shorthand reporter means a person who is technically qualified and registered under this chapter to practice shorthand reporting.]
5. Stenographic notes mean the original manually or mechanically produced notes in shorthand or shorthand writing taken by a [shorthand] court reporter while in attendance at a proceeding [for the purpose of reporting such] to report the proceeding.
Sec. 4. NRS 656.040 is hereby amended to read as follows:
656.040 The certified [shorthand] court reporters board of Nevada, consisting of three members, is hereby created.
Sec. 5. NRS 656.050 is hereby amended to read as follows:
656.050 The members of the board [shall] must be appointed by the governor as follows:
1. One member of the board [shall] must be an active member of the State Bar of Nevada.
2. Two members of the board, except members of the first board appointed, [shall] must be holders of certificates and [shall] must have been actively engaged as [shorthand] court reporters within this state for at least 5 years immediately preceding their appointment.
Sec. 6. NRS 656.140 is hereby amended to read as follows:
656.140 The board may aid in all matters pertaining to the advancement of the practice of [shorthand] court reporting, including but not limited to all matters that may advance the professional interests of certified [shorthand] court reporters and such matters as concern their relations with the public.
Sec. 7. NRS 656.160 is hereby amended to read as follows:
656.160 1. Every person who [makes] files an application for an original certificate [shall] must personally appear before the board for a written examination and the answering of such questions as may be prepared by the board to enable it to determine the trustworthiness of the applicant, and his competency to engage in the practice of [shorthand] court reporting in such a manner as to safeguard the interests of the public.
2. In determining competency, the board shall administer a written examination to determine whether the applicant has [a] :
(a) A good understanding of the English language including reading, spelling, vocabulary, and medical and legal terminology [, and that the applicant has sufficient] ;
(b) Sufficient ability to report accurately any of the matters comprising the practice of [shorthand] court reporting consisting of material read at not less than 180 words per minute or more than 225 words per minute ; and [a]
(c) A clear understanding of the obligations of a [shorthand] court reporter to the parties to proceedings reported and the obligations created by the provisions of this chapter.
Sec. 8. NRS 656.170 is hereby amended to read as follows:
656.170 1. Examinations must be held no less than twice a year at such times and places as the board may designate.
2. No person may be admitted to the examination unless he first presents satisfactory evidence to the board that he has:
κ1993 Statutes of Nevada, Page 1406 (CHAPTER 437, SB 213)κ
(a) Received a passing grade on the National [Shorthand] Court Reporters Associations examination for registered professional reporters;
(b) A certificate of satisfactory completion of a prescribed course of study from a school for court reporters which includes English grammar, reading, spelling and vocabulary, medical and legal terminology, transcription, and [shorthand] court reporting at 200 words per minute with an accuracy of 97.5 percent;
(c) A certificate [of proficiency] as a registered professional reporter or a certificate of merit from the National [Shorthand] Court Reporters Association;
(d) A valid certificate or license to practice [shorthand] court reporting issued by another state; or
(e) One year of continuous experience as a full-time court reporter using any system of manual or mechanical shorthand writing.
Sec. 9. NRS 656.180 is hereby amended to read as follows:
656.180 An applicant for a certificate of registration as a certified [shorthand] court reporter is entitled to a certificate if he:
1. Is a citizen of the United States or lawfully entitled to remain and work in the United States;
2. Is at least 18 years of age;
3. Is of good moral character;
4. Has a high school education or its equivalent;
5. [Is a bona fide resident of this state;
6.] Satisfactorily passes an examination administered by the board; and
[7.] 6. Pays the requisite fees.
Sec. 10. NRS 656.200 is hereby amended to read as follows:
656.200 1. The failure, neglect or refusal of any [shorthand] court reporter to pay in advance the annual renewal fee which may be fixed by the board as necessary to defray the expense of administering the provisions of this chapter results in the suspension of the reporters right to engage in the practice of [shorthand] court reporting. The suspension must not be terminated until all delinquent fees have been paid.
2. A [shorthand] court reporter whose certificate of registration has been suspended:
(a) May within 2 years thereafter have his certificate reinstated without examination upon payment of the fees pursuant to subsection 5 of NRS 656.220.
(b) While he was on active military duty or in training before induction, may have his certificate renewed without payment of any fee if he files an application for renewal and an affidavit of such service with the board within 2 years after the termination of the service.
Sec. 11. NRS 656.220 is hereby amended to read as follows:
656.220 The fees required by this chapter are fixed by the following schedule:
1. The fee for filing an application for an examination is [$35.] $50.
2. The fee for the original issuance of a certificate must be fixed by the board annually at not more than [$50] $100 and not less than [$5.] $50.
3. For a certificate issued after July 1, 1973, the fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that if the certificate will expire less than 1 year after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued.
κ1993 Statutes of Nevada, Page 1407 (CHAPTER 437, SB 213)κ
which the certificate is issued, except that if the certificate will expire less than 1 year after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued. The board may by [appropriate] regulation provide for the waiver or refund of the initial certificate fee [where] if the certificate is issued less than 45 days before the date on which it will expire.
4. The annual renewal fee must be fixed by the board annually at not more than [$50] $100 and not less than [$5.] $50. Every holder of a certificate desiring renewal must pay the annual renewal fee to the board on or before May 15 of each year.
5. For renewal of a certificate which was suspended for failure to renew, the fee is an amount equal to all unpaid renewal fees accrued plus a reinstatement fee of $25.
Sec. 12. NRS 656.240 is hereby amended to read as follows:
656.240 The board may refuse to issue or to renew or may suspend or revoke any certificate for any one or a combination of the following causes:
1. If the applicant or [shorthand] court reporter has by false representation obtained or sought to obtain a certificate for himself or any other person.
2. If the applicant or [shorthand] court reporter has been found in contempt of court, arising out of his conduct in performing or attempting to perform any act as a [shorthand] court reporter.
3. If the applicant or [shorthand] court reporter has been convicted of a crime related to the qualifications, functions and responsibilities of a certified [shorthand] court reporter.
4. If the applicant or [shorthand] court reporter has been convicted of a felony or gross misdemeanor or of any offense involving moral turpitude.
The judgment of conviction or a certified copy of the judgment is conclusive evidence of conviction of an offense.
Sec. 13. NRS 656.250 is hereby amended to read as follows:
656.250 The board may refuse to issue or renew or may suspend or revoke any certificate if the [shorthand] court reporter in performing or attempting to perform or pretending to perform any act as a [shorthand] court reporter has:
1. Willfully failed to take full and accurate stenographic notes of any proceedings;
2. Willfully altered any stenographic notes taken at any proceedings;
3. Willfully failed accurately to transcribe verbatim any stenographic notes taken at any proceedings;
4. Willfully altered a transcript of stenographic notes taken at any proceedings;
5. Affixed his signature to any transcript of his stenographic notes or certified to the correctness of such a transcript unless the transcript was prepared by him or was prepared under his immediate supervision;
6. Demonstrated unworthiness or incompetency to act as a [shorthand] court reporter in such a manner as to safeguard the interests of the public;
7. Professionally associated with or loaned his name to another for the illegal practice by another of [shorthand] court reporting, or professionally associated with any natural person, firm, copartnership or corporation holding himself, themselves or itself out in any manner contrary to the provisions of this chapter;
κ1993 Statutes of Nevada, Page 1408 (CHAPTER 437, SB 213)κ
associated with any natural person, firm, copartnership or corporation holding himself, themselves or itself out in any manner contrary to the provisions of this chapter;
8. Habitually been intemperate in the use of intoxicating liquor or controlled substances;
9. Willfully violated any of the provisions of this chapter or the regulations adopted by the board to enforce this chapter;
10. Engaged in unprofessional conduct;
11. Failed within a reasonable time to provide information requested by the board as the result of a formal or informal complaint to the board, which would indicate a violation of this chapter; or
12. Repeatedly failed without excuse to transcribe notes of cases on appeal and file the transcripts of the cases within the time required by law or to transcribe or file notes of other proceedings within the time required by law or agreed by contract.
Sec. 14. NRS 656.290 is hereby amended to read as follows:
656.290 1. The board may subpena and bring before it any person in this state and take testimony orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in courts of this state.
2. Any district court, upon the application of the accused or complainant or of the board may, by order, require the attendance of witnesses and the production of relevant books and papers before the board in any hearing relative to the application for or refusal, recall, suspension or revocation of a certificate, and the court may compel obedience to its order by proceedings for contempt.
3. The board, at its expense, shall provide a [shorthand] court reporter to transcribe the testimony and preserve a record of all proceedings at the hearing of any case wherein a certificate is revoked or suspended. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the board and its orders constitute the record of the proceedings. The board shall furnish a transcript of [such] the record to any person interested in [such] the hearing upon payment therefor of the statutory fees for transcription as provided in NRS 3.370.
4. At any time after the suspension or revocation of any certificate, the board may restore it to the accused without examination upon unanimous vote by the board.
Sec. 15. NRS 656.300 is hereby amended to read as follows:
656.300 1. The practice of [shorthand] court reporting by any person who has not been issued a certificate or whose certificate has been suspended or revoked is hereby declared to be inimical to public health and welfare and to constitute a public nuisance. The attorney general of the State of Nevada, the district attorney of any county in the state or any resident may maintain an action in the name of the State of Nevada perpetually to enjoin any person from so unlawfully practicing [shorthand] court reporting and from [the] doing, committing or continuing such an unlawful act.
2. In all proceedings under this section the court may apportion the costs among the parties interested in the suit, including the costs of filing the complaint, service of process, witness fees and expenses, [court reporter] charges for a court reporter and reasonable attorneys fees.
κ1993 Statutes of Nevada, Page 1409 (CHAPTER 437, SB 213)κ
complaint, service of process, witness fees and expenses, [court reporter] charges for a court reporter and reasonable attorneys fees.
3. [This proceeding shall be] The proceeding authorized by this section is in addition to and not in lieu of criminal prosecutions or proceedings to revoke or suspend [licenses] certificates as authorized by this chapter.
Sec. 16. NRS 656.310 is hereby amended to read as follows:
656.310 1. Every person to whom a valid existing certificate of registration as a certified [shorthand] court reporter has been issued under this chapter must be designated as a certified [shorthand] court reporter and not otherwise, and any such registered certified [shorthand] court reporter may, in connection with his practice of [shorthand] court reporting, use the abbreviation [C.S.R.] C.C.R. No person other than the holder of a valid existing certificate of registration under this chapter may use the title or designation of certified [shorthand] court reporter, or [C.S.R.,] C.C.R., either directly or indirectly, in connection with his profession or business.
2. Every holder of a certificate shall place the number of his certificate on the cover page and certificate page of all transcripts of proceedings and on all presentments to the public, including without limitation:
(a) Advertising;
(b) Solicitations;
(c) Business cards;
(d) Stationery; and
(e) Listings in telephone directories.
Sec. 17. NRS 656.320 is hereby amended to read as follows:
656.320 No person may be appointed to the position of official reporter of any court in this state except a [shorthand] court reporter who holds a current and valid certificate under the provisions of this chapter.
Sec. 18. NRS 656.335 is hereby amended to read as follows:
656.335 A [shorthand] court reporter shall retain his notes, whether or not transcribed, for 8 years if they concern any matter subject to judicial review. These notes must be kept in a manner which is reasonably secure against theft, tampering or accidental destruction.
Sec. 19. NRS 656.340 is hereby amended to read as follows:
656.340 1. It is unlawful for any person to practice [shorthand] court reporting or advertise or put out any sign or card or other device which might indicate to the public that he is entitled to practice as a [shorthand] court reporter without a certificate of registration as a certified [shorthand] court reporter issued by the board.
2. Any person may, with the approval of the board, practice [shorthand] court reporting on a temporary basis with reference to any single proceeding when there is an acknowledged unavailability of a certified [shorthand] court reporter.
Sec. 20. NRS 2.310 is hereby amended to read as follows:
2.310 The supreme court may appoint an official reporter who [shall] must be a certified [shorthand] court reporter and who shall perform such duties as may be required of him by the court.
κ1993 Statutes of Nevada, Page 1410 (CHAPTER 437, SB 213)κ
Sec. 21. NRS 3.320 is hereby amended to read as follows:
3.320 1. The judge or judges of any district court may appoint, subject to the provisions of this chapter and other laws as to the qualifications and examinations of the appointee, one certified [shorthand] court reporter, to be known as official reporter of the court or department and to hold office during the pleasure of the judge appointing him. The appointee may be any business organization if the person representing it, who actually performs the reporting service, is a certified [shorthand] court reporter.
2. The official reporter, or any one of them [where] if there are two or more, shall [, at] :
(a) At the request of either party or of the court in a civil action or proceeding, and on the order of the court, the district attorney or the attorney for the defendant in a criminal action or proceeding, take down in shorthand all the testimony, the objections made, the rulings of the court, the exceptions taken, all arraignments, pleas and sentences of defendants in criminal cases, and all statements and remarks made by the district attorney or judge, and all oral instructions given by the judge; and [, if]
(b) If directed by the court or requested by either party, [must,] within such reasonable time after the trial of [such] the case as may be designated by law, or in the absence of any law relating thereto, by the court, write out the shorthand copy, or such specific portions thereof as may be requested, in plain and legible longhand, or by typewriter or other printing machine . [, and] The reporter shall certify to that copy as being correctly reported and transcribed, and, when directed by the law or court, file it with the clerk of the court.
Sec. 22. NRS 4.390 is hereby amended to read as follows:
4.390 Proceedings in each justices court must be recorded by using sound recording equipment except where the board of county commissioners of the county in which the court is located authorizes, and the justice of the peace appoints, a certified [shorthand] court reporter to take down the proceedings in the same manner and with the same effect as in a district court.
Sec. 23. NRS 4.400 is hereby amended to read as follows:
4.400 1. Each justice of the peace shall appoint and, with the approval of the board of county commissioners, fix the compensation of a suitable person, who need not be a certified [shorthand] court reporter and may have other responsibilities in the court to operate the sound recording equipment. The person so appointed shall subscribe to an oath that he will so operate it as to record all of the proceedings.
2. The justice of the peace may designate the same or another person to transcribe the recording into a written transcript. The person so designated shall subscribe to an oath that he has correctly transcribed it. The transcript may be used for all purposes for which transcripts are used and is subject to correction in the same manner as other transcripts.
Sec. 24. NRS 4.410 is hereby amended to read as follows:
4.410 1. If the person designated to transcribe the proceedings is:
(a) Regularly employed as a public employee, he is not entitled to additional compensation for preparing the transcript.
κ1993 Statutes of Nevada, Page 1411 (CHAPTER 437, SB 213)κ
(b) Not regularly employed as a public employee and not a certified [shorthand] court reporter, he is entitled to such compensation for preparing the transcript as the board of county commissioners determines.
(c) A certified [shorthand] court reporter, he is entitled to the same fees as set forth in NRS 3.370.
2. The fees for transcripts and copies must be paid by the party ordering them. In a civil case the preparation of the transcript need not commence until the fees have been deposited with the deputy clerk of the court.
Sec. 25. NRS 171.198 is hereby amended to read as follows:
171.198 1. The magistrate shall employ a certified [shorthand] court reporter to take down all the testimony and the proceedings on the hearing or examination, and within such time as the court may designate have such testimony and proceedings transcribed into typewritten transcript.
2. When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the transcript in the same manner as for a transcript of testimony in the district court, which certificate authenticates the transcript for all purposes of this Title.
3. Before the date set for trial, either party may move the court before which the case is pending to add it, delete from, or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered.
4. The compensation for the services of a reporter employed as provided in this section are the same as provided in subsection 1 of NRS 3.370, to be paid out of the county treasury as other claims against the county are allowed and paid.
5. Testimony reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of his county, and if the prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. A copy of the transcript must be furnished to the defendant and to the district attorney.
6. The testimony so taken may be used:
(a) By the defendant; or
(b) By the state if the defendant was represented by counsel or affirmatively waived his right to counsel,
upon the trial of the cause, and in all proceedings therein, when the witness is sick, out of the state, dead, or persistent in refusing to testify despite an order of the judge to do so, or when his personal attendance cannot be had in court.
Sec. 26. NRS 172.215 is hereby amended to read as follows:
172.215 1. Whenever criminal causes are being investigated by the grand jury, it shall appoint a certified [shorthand] court reporter. If he is not an official [district court reporter,] reporter of the district court, he shall, before entering upon his duties, take and subscribe the constitutional oath of office. He is entitled to receive the same compensation for his services as an official [district court reporter.] reporter of the district court.
2. Except as otherwise provided in subsection 3, the certified [shorthand] court reporter shall include in the notes he takes of a grand jury proceeding all criminal matters which come before the grand jury including:
(a) The charge by the impaneling judge;
κ1993 Statutes of Nevada, Page 1412 (CHAPTER 437, SB 213)κ
(b) Any subsequent instructions or statements made by the judge;
(c) Each statement made by the district attorney;
(d) Each question asked of and response given by the witnesses who appear before the grand jury; and
(e) Any statements made by the grand jurors during the proceeding.
3. The certified [shorthand] court reporter shall not include in his notes:
(a) Any confidential communication between a witness and his legal counsel, [when] if the legal counsel is allowed to accompany the witness before the grand jury; [and] or
(b) The deliberations and voting of the grand jury.
Sec. 27. NRS 172.235 is hereby amended to read as follows:
172.235 1. Except as otherwise provided in subsection 2, the following persons may be present while the grand jury is in session:
(a) The district attorney;
(b) A witness who is testifying;
(c) An attorney who is accompanying a witness pursuant to NRS 172.239;
(d) Any interpreter who is needed;
(e) The certified [shorthand] court reporter who is taking stenographic notes of the proceeding;
(f) Any person who is engaged by the grand jury pursuant to NRS 172.205; and
(g) Any other person requested by the grand jury to be present.
2. No person other than the jurors may be present while the grand jury is deliberating or voting.
Sec. 28. NRS 175.011 is hereby amended to read as follows:
175.011 1. In a district court, cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the state. A defendant who pleads not guilty to the charge of a capital offense must be tried by jury.
2. In a justices court, a case must be tried by jury only if the defendant so demands in writing not less than 30 days before trial. Except as otherwise provided in NRS 4.390 and 4.400, if a case is tried by jury, a reporter must be present who is a certified [shorthand] court reporter and shall report the trial.
Sec. 29. NRS 179.045 is hereby amended to read as follows:
179.045 1. A search warrant may issue only on affidavit or affidavits sworn to before the magistrate and establishing the grounds for issuing the warrant or as provided in subsection 2. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he shall issue a warrant identifying the property and naming or describing the person or place to be searched.
2. In lieu of the affidavit required by subsection 1, the magistrate may take an oral statement given under oath, which must be recorded in the presence of the magistrate or in his immediate vicinity by a certified [shorthand] court reporter or by electronic means, transcribed, certified by the reporter if he recorded it, and certified by the magistrate. The statement must be filed with the clerk of the court.
3. After a magistrate has issued a search warrant, whether it is based on an affidavit or an oral statement given under oath, he may orally authorize a peace officer to sign the magistrates name on a duplicate original warrant.
κ1993 Statutes of Nevada, Page 1413 (CHAPTER 437, SB 213)κ
peace officer to sign the magistrates name on a duplicate original warrant. A duplicate original search warrant shall be deemed to be a search warrant. It must be returned to the magistrate who authorized the signing of his name on it. The magistrate shall endorse his name and enter the date on the warrant when it is returned to him. Any failure of the magistrate to make such an endorsement and entry does not in itself invalidate the warrant.
4. The warrant must be directed to a peace officer in the county where the warrant is to be executed. It must state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof. It must command the officer to search forthwith the person or place named for the property specified.
5. The warrant must direct that it be served between the hours of 7 a.m. and 7 p.m., unless the magistrate, upon a showing a good cause therefor, inserts a direction that it be served at any time.
6. The warrant must designate the magistrate to whom it is to be returned.
Sec. 30. Section 25 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
Senate Bill No. 198 — Committee on Commerce and Labor
CHAPTER 438
AN ACT relating to certified shorthand reporters; requiring shorthand reporters to complete the required continuing education as a condition of the renewal of his certification; directing the certified shorthand reporters board of Nevada to establish regulations requiring continuing education; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 656.200 is hereby amended to read as follows:
656.200 1. To renew a certificate of registration a shorthand reporter must:
(a) Apply to the board for renewal;
(b) Pay the annual renewal fee prescribed by the board; and
(c) Submit evidence to the board of his completion of the requirements for continuing education established by the board.
2. The board shall adopt regulations requiring shorthand reporters to participate in continuing education or training as a prerequisite to the renewal or restoration of a certificate. If a shorthand reporter fails to comply with the requirements, the board may suspend or revoke his certificate.
3. The failure [, neglect or refusal] of any shorthand reporter to pay in advance the annual renewal fee which may be fixed by the board as necessary to defray the expense of administering the provisions of this chapter results in the suspension of the reporters right to engage in the practice of shorthand reporting. The suspension must not be terminated until all delinquent fees have been paid.
κ1993 Statutes of Nevada, Page 1414 (CHAPTER 438, SB 198)κ
[2.] 4. A shorthand reporter whose certificate of registration has been suspended [:] because of his failure to pay the renewal fee:
(a) May within 2 years thereafter have his certificate reinstated without examination upon payment of the fees [pursuant to] set forth in subsection 5 of NRS 656.220.
(b) While he was on active military duty or in training before induction, may have his certificate renewed without payment of any fee if he files an application for renewal and an affidavit of such service with the board within 2 years after the termination of the service.
________
Senate Bill No. 106 — Committee on Transportation
CHAPTER 439
AN ACT relating to motor vehicles; increasing the maximum weight allowed on certain public highways for certain vehicles that are used to provide public mass transportation; and providing other matters properly relating thereto.
[Approved July 9, 1993]
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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Tandem axle means any two or more consecutive axles whose centers are more than 40 inches, but not more than 96 inches apart and are individually attached to or articulated from a common attachment to the vehicle including a connecting mechanism designated to equalize the load between axles.
Sec. 3. 1. A vehicle that is used by a regional transportation commission or its contractor to provide public mass transportation may be operated or moved upon a public highway, other than a highway within the designated interstate system, if the maximum weight does not exceed, on a single axle with:
(a) Single tires, 20,000 pounds; or
(b) Dual tires, 25,000 pounds.
2. As used in this section:
(a) Contractor means any person or governmental entity that has entered into a contract with a regional transportation commission to provide services related to the provisions of public mass transportation, but only during the period in which the contract remains legally effective.
(b) Regional transportation commission means any regional transportation commission created and organized in accordance with chapter 373 of NRS, and which provides or sponsors public mass transportation services.
Sec. 4. NRS 484.013 is hereby amended to read as follows:
484.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.0135 to 484.217, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
κ1993 Statutes of Nevada, Page 1415 (CHAPTER 439, SB 106)κ
Sec. 5. NRS 484.745 is hereby amended to read as follows:
484.745 1. Except as otherwise provided in NRS 484.746, 484.748 and [484.753, no] section 3 of this act, a vehicle may be operated or moved upon any public highway [, except upon the following conditions:
1.] if:
(a) The maximum weight on any single axle [must] does not exceed 20,000 pounds.
[2.] (b) The maximum weight on any tandem axle [must] does not exceed 34,000 pounds.
[3.] (c) Except as otherwise provided in subsection [4,] 2, the maximum overall gross weight on any group of two or more consecutive axles [must] does not exceed the values set forth in the following formula: W = 500 [LN/(N-1) + 12N + 36] wherein:
[(a)] (1) W equals the maximum load in pounds carried on any group of two or more consecutive axles;
[(b)] (2) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
[(c)] (3) N equals the number of axles in the group under consideration.
[4.] 2. Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the distance between the first and last axles of [such] the consecutive sets of axles is 36 feet or more.
[5. For the purpose of this section tandem axle means any two or more consecutive axles whose centers are more than 40 inches but not more than 96 inches apart and are individually attached to or articulated from a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles.]
Sec. 6. NRS 484.748 is hereby amended to read as follows:
484.748 1. Except as otherwise provided in subsection 2, a vehicle used by a licensed hauler of garbage and refuse may be operated or moved upon a public highway, if the weight of the vehicle does not exceed:
(a) On a single axle, 22,000 pounds; or
(b) On a tandem axle, 40,000 pounds.
2. A vehicle must not be operated or moved upon a highway within the designated interstate system, if the weight of the vehicle exceeds:
(a) On a single axle, 22,000 pounds; or
(b) On a tandem axle, 34,000 pounds.
3. As used in this section [:
(a) Licensed] licensed hauler of garbage and refuse means a person who holds the licenses and permits required to operate a business of collecting and disposing of garbage and refuse. The term includes a person who is licensed to operate a business of collecting recyclable materials.
[(b) Tandem axle has the meaning ascribed to it in NRS 484.745.]
________
κ1993 Statutes of Nevada, Page 1416κ
Senate Bill No. 16 — Committee on Judiciary
CHAPTER 440
AN ACT relating to the University of Nevada System; extending the provision allowing interlocal agreements between the university police and other law enforcement agencies to all counties in this state; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.325 is hereby amended to read as follows:
396.325 1. The board of regents may:
(a) Create a police department for the University of Nevada System and appoint one or more persons to be members of the department; and
(b) [In a county whose population is less than 400,000, authorize] Authorize the department to enter into interlocal agreements pursuant to chapter 277 of NRS with other law enforcement agencies to provide for the rendering of mutual aid.
2. Persons employed and compensated as members of the department, when so appointed and duly sworn, are peace officers, but may exercise their powers or authority only:
(a) Upon the campuses of the University of Nevada System, including that area to the center line of public streets adjacent to a campus;
(b) When in hot pursuit of a violator leaving such a campus or area;
(c) In or about other grounds or properties of the University of Nevada System; or
(d) Except as limited by subsection 3, in accordance with interlocal agreements entered into with other law enforcement agencies.
3. An interlocal agreement between the police department for the University of Nevada System and other law enforcement agencies may allow peace officers of the department to exercise their powers or authority:
(a) On any public street that is adjacent to property owned by the university.
(b) On any property that is consistently used by an organization whose recognition by the university is a necessary condition for its continued operation.
(c) On any property that is rented or leased by the university for an event that is approved by the university.
(d) For mutual assistance specifically agreed upon with the other law enforcement agencies that are parties to the interlocal agreement.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 1417κ
Assembly Bill No. 763 — Committee on Ways and Means
CHAPTER 441
AN ACT relating to state financial administration; temporarily repealing the provision establishing the permanent net proceeds fund; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 362 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The permanent net proceeds fund is hereby created as a trust fund. No portion of the principal of the fund may be removed except by direct legislative appropriation. Any such appropriation must receive the votes of a two-thirds majority of each house of the legislature.
2. On or before August 15 of each year, the state controller shall deposit in the fund 5 percent of the portion of the revenue from the tax on the net proceeds of minerals that is remaining after the appropriation made by NRS 362.170.
3. On or before August 15 of each odd-numbered year, the state controller shall transfer to the fund any revenue from the tax on the net proceeds of minerals received during the 2 previous fiscal years which, after subtracting the amount deposited pursuant to subsection 2 and the amount appropriated pursuant to NRS 362.170 for both fiscal years, exceeds $55,000,000.
Sec. 2. NRS 362.172 is hereby repealed.
Sec. 3. On July 1, 1993, or as soon thereafter as practicable, the state controller shall transfer the balance of the permanent net proceeds fund to the state general fund.
Sec. 4. 1. This section and sections 2 and 3 of this act become effective on July 1, 1993.
2. Section 1 of this act becomes effective July 1, 1995.
________
κ1993 Statutes of Nevada, Page 1418κ
Assembly Bill No. 395 — Committee on Taxation
CHAPTER 442
AN ACT relating to public finances; requiring the inclusion of certain information in a notice of an election for the issuance of bonds; establishing the maximum rate of the ad valorem tax levied for the support of the jail for Washoe County and the cities of Reno and Sparks; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 349.015 is hereby amended to read as follows:
349.015 1. Except as otherwise provided in subsection 3, the sample ballot required to be mailed pursuant to NRS 293.565 and the notice of election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The purposes for which the bonds are to be issued.
(d) A disclosure of any:
(1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued and its probable effect on the tax rate; and
(2) Requirement relating to the bond question which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.
(e) An estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds.
(f) The maximum amount of the bonds.
[(f)] (g) The maximum rate of interest.
[(g)] (h) The maximum number of years which the bonds are to run.
2. Any election called pursuant to NRS 349.010 to 349.070, inclusive, may be consolidated with a general election.
3. If the election is consolidated with a general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the general election.
Sec. 2. Chapter 350 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any requirements imposed pursuant to NRS 350.024, any sample ballot required to be mailed pursuant to NRS 293.565 and any notice of election, for an election that includes a proposal for the issuance by any municipality of any bonds or other securities, including an election that is not called pursuant to NRS 350.020 to 350.070, inclusive, must contain an estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds or other securities.
κ1993 Statutes of Nevada, Page 1419 (CHAPTER 442, AB 395)κ
2. For the purposes of this section, municipality has the meaning ascribed to it in NRS 350.538.
Sec. 3. NRS 350.024 is hereby amended to read as follows:
350.024 1. Except as otherwise provided in subsection 2, the sample ballot required to be mailed pursuant to NRS 293.565 and the notice of election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The purposes for which the obligations are to be issued or incurred.
(d) A disclosure of any:
(1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued or incurred and its probable effect on the tax rate; and
(2) Requirement relating to the proposal which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.
(e) The maximum amount of the obligations.
(f) The maximum number of years which the obligations are to run.
(g) An estimate of the tax rate necessary to provide for debt service upon the obligations for each date when they are to be issued or incurred. The county assessor shall, for each such date, estimate the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessors estimates.
2. Any election called pursuant to NRS 350.020 to 350.070, inclusive, and section 2 of this act, may be consolidated with a general election. If the election is consolidated with the general election, a primary election or a municipal election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.
3. If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in every calendar week for two successive calendar weeks next preceding the close of registration for the election.
Sec. 4. Chapter 539 of NRS is hereby amended by adding thereto a new section to read as follows:
The notice of election for any election held pursuant to this chapter which includes a proposal for the issuance of any bonds or other securities must, in addition to any other requirements of this chapter, contain an estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds or other securities.
Sec. 5. Section 1 of chapter 72, Statutes of Nevada 1987, at page 137, is hereby amended to read as follows:
Section 1. [1. The] In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, the board of county commissioners of Washoe County may [add an amount determined by the board, not to exceed the following amounts, to the amount of revenue from taxes ad valorem otherwise allowable to Washoe County pursuant to NRS 354.58905, 354.59811 and 354.59816,] , for the fiscal years beginning on and after July 1, 1993, levy a tax ad valorem on all taxable property in the county at a rate not to exceed 7.74 cents per $100 of the assessed valuation of the county for the cost of the operation of a jail for Washoe County and the cities of Reno and Sparks .
κ1993 Statutes of Nevada, Page 1420 (CHAPTER 442, AB 395)κ
commissioners of Washoe County may [add an amount determined by the board, not to exceed the following amounts, to the amount of revenue from taxes ad valorem otherwise allowable to Washoe County pursuant to NRS 354.58905, 354.59811 and 354.59816,] , for the fiscal years beginning on and after July 1, 1993, levy a tax ad valorem on all taxable property in the county at a rate not to exceed 7.74 cents per $100 of the assessed valuation of the county for the cost of the operation of a jail for Washoe County and the cities of Reno and Sparks . [:
For the fiscal year 1987-88................................................. $2,900,000
For each fiscal year after fiscal year 1987-88................... 3.800,000
2. The amounts received from increases in taxes ad valorem that are authorized by subsection 1 must not be included in the determination of maximum allowable combined revenue for the purposes of distribution of the supplemental city-county relief tax.]
Sec. 6. This act becomes effective upon passage and approval.
________
Assembly Bill No. 386 — Committee on Ways and Means
CHAPTER 443
AN ACT relating to the management of solid waste; revising the provisions of Senate Bill No. 97 of this session to provide additional funding and authority for the collection of the fee on tires and to clarify provisions concerning the recovery of civil penalties and damages for violations of the law; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444A.090 is hereby amended to read as follows:
444A.090 1. A person who sells a new tire for a vehicle to a customer for [his use and not] any purpose other than for resale by the customer in the ordinary course of business shall collect from the purchaser at the time he collects the applicable sales [and use] taxes for the sale a fee of $1 per tire. A person who did not pay the fee imposed by this section at the time of purchase because he purchased the new tire for resale and who then makes any use of that tire other than to resell it in the ordinary course of business, shall pay the fee imposed by this section to the department of taxation at the time of the first use of that tire for a purpose other than holding it for resale.
2. The seller shall account separately for all money received pursuant to subsection 1 as a deposit [pursuant to subsection 1. Monthly, in] to be held in trust for the state. In accordance with the regulations adopted pursuant to subsection 3, the seller shall transmit 95 percent of the money held in trust pursuant to this section to the department of taxation for deposit with the state treasurer for credit to the solid waste management account in the state general fund. The remaining 5 percent and all interest and income which accrued on the money while in trust with the seller become the property of the seller on the day the balance for the month is transmitted to the department of taxation and may be retained by the seller to cover his related administrative costs.
κ1993 Statutes of Nevada, Page 1421 (CHAPTER 443, AB 386)κ
the day the balance for the month is transmitted to the department of taxation and may be retained by the seller to cover his related administrative costs.
3. The director of the department of taxation shall adopt regulations establishing acceptable methods for accounting for and transmitting to the department money collected or required to be paid by retailers pursuant to subsection 1. The regulations must include a designation of the persons responsible for payment. The regulations must, in appropriate situations, allow for the transmission of that money together with the payment of the applicable sales and use taxes.
4. In collecting the fee, the department of taxation may employ any administrative and legal powers conferred upon it for the collection of the sales and use taxes by chapters 360 and 372 of NRS.
5. The fee imposed pursuant to subsection 1 does not apply to any tire included in the sale of a new or used vehicle unless the tire is sold in a separate transaction.
Sec. 2. Section 11 of Senate Bill No. 97 of this session is hereby amended to read as follows:
Sec. 11. The solid waste management authority may bring an action in a court of competent jurisdiction to recover [, in the name of the State of Nevada,] from a person or municipality which violates any statute or regulation, any term or condition of a permit issued pursuant to section 6 or 8 of [this act,] Senate Bill No. 97 of this session, or any order issued pursuant to section 9 of [this act,] Senate Bill No. 97 of this session, a civil penalty of not more than $5,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided in NRS 444.440 to 440.620, inclusive, and sections 2 to 14, inclusive, of [this act.] Senate Bill No. 97 of this session.
Sec. 3. Section 12 of Senate Bill No. 97 of this session is hereby amended to read as follows:
Sec. 12. The solid waste management authority may bring an action in a court of competent jurisdiction to recover [, in the name of the State of Nevada,] actual damages which result from a violation of a statute or regulation, any term or condition of a permit issued pursuant to section 6 or 8 of [this act,] Senate Bill No. 97 of this session, or any order issued pursuant to section 9 of [this act.] Senate Bill No. 97 of this session. The damages may include expenses incurred by the authority in testing for and removing, correcting or terminating any adverse effects which resulted from the violation [. The authority may recover] and costs and attorneys fees, including those incurred in administrative proceedings. This remedy is in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of [this act.] Senate Bill No. 97 of this session.
Sec. 4. 1. Notwithstanding the provisions of section 4 of Senate Bill No. 97 of this session, the state controller shall transfer the first $27,000 credited to the solid waste management account in the state general fund in fiscal year 1993-1994 to the department of taxation. The money transferred pursuant to this subsection must not be considered in determining the amounts of allocations made from the account pursuant to section 4 of Senate Bill No. 97 of this session.
κ1993 Statutes of Nevada, Page 1422 (CHAPTER 443, AB 386)κ
2. The money transferred pursuant to subsection 1 must be used by the department of taxation to adapt its computer program to facilitate the collection and transmittal to the department of the fee imposed by NRS 444A.090 with sales taxes.
3. Any remaining balance of the money transferred pursuant to subsection 1 must not be committed for expenditure after June 30, 1995, and reverts to the solid waste management account in the state general fund as soon as all payments of money committed have been made.
Sec. 5. 1. Notwithstanding the provisions of section 4 of Senate Bill No. 97 of this session, the state controller shall transfer the following amounts from the solid waste management account in the state general fund to the department of taxation:
(a) After complying with the provisions of section 4 of this act, the next $32,081 credited to the account in fiscal year 1993-1994 must be transferred to the department.
(b) The first $16,176 credited to the account in fiscal year 1994-1995 must be transferred to the department.
The money transferred pursuant to this subsection must not be considered in determining the amounts of allocations made from the account pursuant to section 4 of Senate Bill No. 97 of this session.
2. The money transferred pursuant to subsection 1 must be used by the department of taxation for the administration and collection of the fee imposed pursuant to NRS 444A.090.
3. Any balance of the money transferred pursuant to subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the solid waste management account in the state general fund as soon as all payments of money committed have been made.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 1423κ
Assembly Bill No. 103 — Committee on Taxation
CHAPTER 444
AN ACT relating to taxation; authorizing a board of county commissioners to increase the rate of the taxes imposed for public mass transportation and construction of public roads; clarifying that any ordinance enacted changing the rate of a tax imposed for public mass transportation and construction of public roads or to promote tourism must be submitted to the registered voters of the county for their approval; limiting the election for voting on a question to impose or increase such a tax to a general election; requiring a temporary exemption from any additional tax for the gross receipts from the sale of property used in certain construction contracts; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 377A.020 is hereby amended to read as follows:
377A.020 1. The board of county commissioners of any county may enact an ordinance imposing a tax for public mass transportation and construction of public roads pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.
2. An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general election. A county may combine the question for mass transportation and public roads with questions submitted pursuant to NRS 244.3351, 278.710, 365.203, 371.045 or 373.030, or any combination thereof. The board shall also submit to the voters at a general election any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax.
3. Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed [.] or on which an increase in the rate of the tax becomes effective, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.
Sec. 2. NRS 377A.030 is hereby amended to read as follows:
377A.030 Except as otherwise provided in NRS 377A.110, any ordinance enacted under this chapter must include provisions in substance as follows:
1. A provision imposing a tax upon retailers at the rate of not more than :
(a) For a tax to promote tourism, one-quarter of 1 percent ; or
(b) For a tax for public mass transportation and construction of public roads, one-half of 1 percent,
of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.
2. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
3. A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of an ordinance imposing the tax for public mass transportation and construction of public roads or the tax to promote tourism in the county.
κ1993 Statutes of Nevada, Page 1424 (CHAPTER 444, AB 103)κ
become a part of an ordinance imposing the tax for public mass transportation and construction of public roads or the tax to promote tourism in the county.
4. A provision that the county shall contract before the effective date of the ordinance with the department to perform all functions incident to the administration or operation of the tax in the county.
5. A provision that exempts from the portion of the tax imposed by the ordinance the gross receipts from the sale or the storage, use or other consumption in the county of all tangible personal property used for the performance of a contract for construction which was executed before the date of the election at which the portion of the tax is first approved or for which a binding bid was submitted before that date if the bid was afterward accepted if the contract or binding bid does not contain a provision which allows the contractor to recover any additional taxes he is required to pay pursuant to the ordinance.
Sec. 3. Section 70 of Assembly Bill No. 531 of this session is hereby amended to read as follows:
Sec. 70. NRS 377A.020 is hereby amended to read as follows:
377A.020 1. The board of county commissioners of any county may enact an ordinance imposing a tax for public mass transportation and construction of public roads pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.
2. An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general or special election. A county may combine the question for mass transportation and public roads with questions submitted pursuant to NRS 244.3351, 278.710, 365.203, 371.045 or 373.030, or any combination thereof. The board shall also submit to the voters at a general election any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax.
3. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
4. Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.
κ1993 Statutes of Nevada, Page 1425 (CHAPTER 444, AB 103)κ
the rate of the tax becomes effective, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.
________
Senate Bill No. 470 — Senators Glomb, Brown, Callister, Coffin, Hickey Jacobsen, Neal, Nevin, Raggio, Shaffer, Smith and Titus
CHAPTER 445
AN ACT relating to custody of children; specifying the right to custody of a child of parents who are married to each other and of a child born out of wedlock; revising the statutory provisions that govern the unlawful detention, concealment or removal of children; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 125 of NRS is hereby amended by adding thereto a new section to read as follows:
If a court has not made a determination regarding the custody of a child and the parents of the child are married to each other, each parent has joint legal custody of the child until otherwise ordered by a court of competent jurisdiction.
Sec. 2. NRS 126.031 is hereby amended to read as follows:
126.031 1. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.
2. Except as otherwise provided in a court order for the custody of a child:
(a) Except as otherwise provided in paragraph (b), the mother of a child born out of wedlock has primary physical custody of the child if:
(1) The mother has not married the father of the child; and
(2) No court order has been entered which establishes paternity of the child.
(b) The father of a child born out of wedlock has primary physical custody of the child if:
(1) The mother has abandoned the child to the custody of the father; and
(2) The father has provided sole care and custody of the child in her absence.
3. For the purposes of this section, abandoned means failed, for a continuous period of not less than 6 weeks, to provide substantial personal and economic support.
Sec. 3. NRS 200.359 is hereby amended to read as follows:
200.359 1. Except as otherwise provided in subsection [5,] 6, every person having a limited right of custody to a child by operation of law or pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:
κ1993 Statutes of Nevada, Page 1426 (CHAPTER 445, SB 470)κ
(a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or
(b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not less than $1,000 nor more than $5,000, or by both fine and imprisonment.
2. [Except as otherwise provided in subsection 5, if a court has not made a determination regarding the custody of a child, a person who claims a right to custody or visitation of the of the child and who willfully detains, conceals or removes the child from another person who claims a right to custody or visitation with the intent to deprive that person of the custody or visitation shall be punished as provided in subsection 1. The provisions of this subsection do not apply to a person who removes the child if the child is in immediate danger of abuse or neglect, the child is removed to protect him from abuse or neglect and the person reports his action to a law enforcement agency or an agency which provides protective services to children within 24 hours after removing the child. As used in this subsection:
(a) Abuse or neglect has the meaning ascribed to it in paragraph (a) of subsection 3 of NRS 200.508.
(b) Agency which provides protective services has the meaning ascribed to it in NRS 432B.030.] A parent who has joint legal custody of a child pursuant to section 1 of this act shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to deprive the other parent of the parent and child relationship.
3. If the mother of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the father of the child shall not willfully conceal or remove the child from the physical custody of the mother. If the father of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the mother of the child shall not willfully conceal or remove the child from the physical custody of the father. A person who violates this subsection shall be punished as provided in subsection 1.
4. Before an arrest warrant may be issued for a violation of this section, the court must find that:
(a) This is the home state of the child, as defined in subsection 5 of NRS 125A.040; and
(b) There is [probable] cause to believe that the [child has been wrongfully removed from the jurisdiction of the court and:
(1) Wrongfully removed from the physical custody of the person entitled to custody; or
(2) Wrongfully retained after a visit or other temporary relinquishment of physical custody.
4.] entry of a court order in a civil proceeding brought pursuant to chapter 125 or 125A of NRS will not be effective to enforce the rights of the parties and would not be in the best interests of the child.
κ1993 Statutes of Nevada, Page 1427 (CHAPTER 445, SB 470)κ
5. Upon conviction [,] for a violation of this section, the court shall order the defendant to provide restitution for any expenses incurred [by the parent, guardian or other person] in locating or recovering the child.
[5.] 6. The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if he finds that:
(a) The defendant has no prior conviction for this offense [.] and the child has suffered no substantial harm as a result of the offense; or
(b) The interests of justice require that the defendant be punished as for a misdemeanor.
[6.] 7. A person who aids or abets any other person to violate [the provisions of] this section shall be punished as provided in subsection 1.
8. This section does not apply to a person who detains, conceals or removes a child to protect the child from the imminent danger of abuse or neglect or to protect himself from imminent physical harm, and reported the detention, concealment or removal to a law enforcement agency or an agency which provides protective services within 24 hours after detaining, concealing or removing the child, or as soon as the circumstances allowed. As used in this subsection:
(a) Abuse or neglect has the meaning ascribed to it in paragraph (a) of subsection 3 of NRS 200.508.
(b) Agency which provides protective services has the meaning ascribed to it in NRS 432B.030.
________
Assembly Bill No. 176 — Assemblymen Anderson, Toomin, Freeman, Hettrick, Segerblom, Spitler, Evans, Gibbons, Petrak, Myrna Williams, Schneider, Regan, Arberry, Perkins, Bache, McGaughey, Gregory, Kenny, Chowning, Bennett, Wendell Williams, Haller, Giunchigliani, Bonaventura, Humke, Dini, Lambert, Price, Collins and Porter
CHAPTER 446
AN ACT relating to public roads; revising provisions relating to roads made public by prescriptive use; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 405.191 is hereby amended to read as follows:
405.191 As used in NRS 405.193 and 405.195, public road includes:
1. A United States highway, a state highway or a main, general or minor county road and any other way laid out or maintained by any governmental agency.
2. Any way which exists upon a right of way granted by Congress over public lands of the United States not reserved for public uses in chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. § [932),] 932, commonly referred to as R.S.
κ1993 Statutes of Nevada, Page 1428 (CHAPTER 446, AB 176)κ
referred to as R.S. 2477), and accepted by general public use and enjoyment before or after July 1, 1979. Each board of county commissioners may locate and determine the width of such rights of way and locate, open for public use and establish thereon county roads or highways, but public use alone has been and is sufficient to evidence an acceptance of the grant of a public user right of way pursuant to former 43 U.S.C. § 932.
3. Any way which is shown upon any plat, subdivision, addition, parcel map or record of survey of any county, city, town or portion thereof duly recorded or filed in the office of the county recorder, and which is not specifically therein designated as a private road or a nonpublic road, and any way which is described in a duly recorded conveyance as a public road or is reserved thereby for public road purposes or which is described by words of similar import.
Sec. 2. NRS 405.193 is hereby amended to read as follows:
405.193 1. No public agency is required to maintain any public road which is so designated only because it meets the requirements set forth in subsection 1 or 2 of NRS 405.191 nor is any public agency required to accept any public road as a main, general or minor county road.
2. No action may be brought against the county, its officers or employees for damage suffered by a person solely as a result of the unmaintained condition of a road made public pursuant to NRS 405.195.
Sec. 3. NRS 405.195 is hereby amended to read as follows:
405.195 1. [The governing body of any political subdivision affected by a public road which meets the requirements of NRS 405.191] Five or more residents of this state may petition any board of county commissioners to open, reopen, close, relocate or abandon a public road within the county. The petition must be accompanied by proof of the petitioners residency and adequate maps and documentation to justify a hearing on the petition. Upon receipt of such a petition and the required documentation, the board of county commissioners shall set a date to conduct a public hearing on the petition. The date selected must not be earlier than 30 days, nor later than 45 days, after the petition is submitted. In addition to any other notice required by law or ordinance, the board shall cause notice of the time, date and location of the hearing to be published at least once each week for 2 successive weeks in a newspaper of general circulation in the county.
2. Upon conclusion of the public hearing, the board shall determine whether the road in question has acquired the status of a public road because:
(a) Construction of the improvement occurred while the land was unappropriated, unreserved public land;
(b) The improvement was constructed by mechanical means which made the physical change to the natural area necessary for the customary or usual passage of traffic; and
(c) The right of way was:
(1) Accepted by the state or local government for dedication as a road for public use and thereafter the road was used by the public at large; or
(2) Accepted by use as access to a mining claim or other privately owned property.
κ1993 Statutes of Nevada, Page 1429 (CHAPTER 446, AB 176)κ
3. If the board concludes that the road is a public road, the board may order the public road to be opened, reopened, closed, relocated or abandoned, for all or part of the year. The boards decision must be based on specific findings, including, but not limited to:
(a) The resulting benefit to the general public;
(b) Whether any significant impairment of the environment or natural resources will result; and
(c) Whether the decision will result in a significant reduction in the value of public or private property.
The order of the board must be reduced to writing, including a statement of any actions which must be taken to effectuate the decision and the person to whom each such action has been assigned. If possible, the order must be signed by any person who has agreed to take a specific action to effectuate the boards decision. The lack of such a signature does not invalidate the order.
4. If the order of the board is to close or abandon a public road, the board shall, upon the petition of five or more residents of the state, designate and provide an alternate route serving the same area. The closure or abandonment of a public road by the board does not prohibit or restrict the use of that road by a governmental agency or a public utility regulated by the public service commission of Nevada for the maintenance, construction or operation of a facility of the agency or utility.
5. Any person or governmental agency may bring and maintain an action in the district court of the county in which the public road lies to prevent any person, including a public agency, [except an agency of the Federal Government, from denying public use of that road.
2.] from violating an order issued pursuant to subsection 3.
6. The attorney general may bring and maintain an action in any court or before any federal agency if an agency or instrumentality of the Federal Government denies the use of a public road located on public land in this state.
7. Nothing in this section affects the right of the department of transportation to regulate freeways or highways in this state.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 1430κ
Senate Bill No. 569 — Committee on Finance
CHAPTER 447
AN ACT relating to public schools; apportioning the state distributive school account in the state general fund for the biennium 1993-95; making an appropriation; authorizing certain expenditures; requiring a separate accounting of money used for handicapped pupils; prohibiting quarterly apportionment by the superintendent of public instruction in certain circumstances; requiring various information concerning the employees to be included in certain reports submitted by a school district; changing the date by which a school districts final budget must be filed; limiting and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, each school district shall separately account for all money received for the instruction of and the provision of related services to handicapped minors described by NRS 388.520.
2. The separate accounting must include:
(a) The amount of money provided to the school district for special education for basic support;
(b) Transfers of money from the school districts general fund needed to balance the special revenue fund; and
(c) The cost of:
(1) Instruction provided by licensed special education teachers and supporting staff;
(2) Related services, including, but not limited to, services provided by psychologists, therapists, and health-related personnel;
(3) Transportation of the handicapped minors to and from school;
(4) The direct supervision of educational and supporting programs; and
(5) The supplies and equipment needed for providing special education.
3. Money received from federal sources must be:
(a) Accounted for separately; and
(b) Excluded from the accounting required pursuant to this section.
Sec. 2. NRS 387.124 is hereby amended to read as follows:
387.124 1. On or before August 1, November 1, February 1 and May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the money in the state treasury subject to distribution to the several school districts of the state as provided in this section.
2. Except as otherwise provided in [subsection 3,] this section, immediately after the state controller has made his quarterly report, the superintendent shall apportion the state distributive school account in the state general fund among the several county school districts in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. Apportionment computed on a yearly basis equals the difference between the basic support and the local funds available . [or 10 percent of basic support, whichever is greater.]
κ1993 Statutes of Nevada, Page 1431 (CHAPTER 447, SB 569)κ
basic support, whichever is greater.] No apportionment may be made if the amount of the local funds exceeds the amount of basic support.
3. If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.
Sec. 3. NRS 387.303 is hereby amended to read as follows:
387.303 1. Not later than November 15 of each year, each board of trustees of a school district shall submit to the superintendent of public instruction a report which includes the following information:
(a) For each fund within the school district, including without limitation the school districts general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school districts final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(b) The count of pupils, handicapped minors and other children in the current and preceding school year computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.
(c) The average daily attendance for the preceding school year and the estimated average daily attendance for the current school year of part-time pupils enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma.
(d) The school districts actual expenditures in the fiscal year immediately preceding the report.
(e) The school districts proposed expenditures for the current fiscal year.
(f) The salary schedule for licensed employees in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the board of trustees shall submit a supplemental report to the superintendent upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the salary schedule agreed to or required by the arbitrator.
(g) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(h) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.
(i) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay, and the number of employees receiving that pay in the preceding and current fiscal years.
κ1993 Statutes of Nevada, Page 1432 (CHAPTER 447, SB 569)κ
2. On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.
3. The superintendent shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.
Sec. 4. NRS 391.120 is hereby amended to read as follows:
391.120 1. Boards of trustees of the school districts in this state may employ legally qualified teachers and other licensed personnel and may determine their salaries and the length of the term of school for which they are employed. These conditions and any other conditions agreed upon by the parties must be embodied in a written contract, or notice of reemployment, to be approved by the board of trustees and accepted and signed by the employee. A copy of the contract or notice of reemployment, properly written, must be delivered to each teacher or other licensed employee not later than the opening of the term of school.
2. A board of trustees may not employ teachers or other licensed personnel for any school year commencing after the expiration of the time for which any member of the board of trustees was elected or appointed.
3. It is unlawful for the board of trustees of any school district to employ any teacher who is not legally qualified to teach all the grades which the teacher is engaged to teach.
4. [Notice of the employment of a person as a teacher or other licensed employee must be given to the department in the form prescribed by the superintendent of public instruction before the employee may start to perform under the terms of the contract.] On or before November 15 of each year, the school district shall submit to the department, in a form prescribed by the superintendent of public instruction, the following information for each licensed employee employed by the school district on October 1 of that year:
(a) The amount of salary of the employee; and
(b) The designated assignment, as that term is defined by the department of education, of the employee.
Sec. 5. NRS 354.598 is hereby amended to read as follows:
354.598 1. At the time and place advertised for public hearing, or at any time and place to which the public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons must be given an opportunity to be heard.
2. At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. [The] Except as otherwise provided in this subsection, the final budget must be adopted on or before June 1 of each year. The final budgets of school districts must be adopted on or before June 8 of each year. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the department of taxation on or before the required date, the budget adopted and approved by the department of taxation for the current year, adjusted as to content and rate in such a manner as the department of taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year.
κ1993 Statutes of Nevada, Page 1433 (CHAPTER 447, SB 569)κ
year, adjusted as to content and rate in such a manner as the department of taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider the budget without the express approval of the department of taxation. If the default budget creates a combined ad valorem tax rate in excess of the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the budget as provided in NRS 361.455.
3. The final budget must be certified by a majority of all members of the governing body and a copy of it, together with an affidavit of proof of publication of the notice of the public hearing, must be transmitted to the Nevada tax commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget and transmit to the Nevada tax commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if that notice was published. Certified copies of the final budget must be distributed as determined by the department of taxation.
4. Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated in it as proposed expenditures are appropriated for the purposes indicated in the budget.
5. No governing body may adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.
Sec. 6. The basic support guarantee for school districts for operating purposes for the fiscal year 1993-1994 is an estimated weighted average of $3,320. For each respective school district, the basic support guarantee per pupil for the fiscal year 1993-1994 is:
Carson City $3,577
Churchill County 3,877
Clark County 3,224
Douglas County 3,480
Elko County 3,795
Esmeralda County 6,329
Eureka County 100
Humboldt County 3,759
Lander County 3,811
Lincoln County 5,818
Lyon County 4,141
Mineral County 3,966
Nye County 3,904
Pershing County 4,426
Storey County 5,563
Washoe County 3,069
White Pine County 4,342
Sec. 7. 1. The basic support guarantee for school districts for operating purposes for the fiscal year 1994-1995 is an estimated weighted average of $3,323 per pupil.
2. The department of taxation on or before April 1, 1994, shall provide a certified estimate of the assessed valuation for each school district for the fiscal year 1994-1995. The assessed valuation for each school district must be that which is taxable for purposes of providing revenue to school districts, including any assessed valuation attributable to the net proceeds for minerals derived from within the boundaries of the district.
κ1993 Statutes of Nevada, Page 1434 (CHAPTER 447, SB 569)κ
including any assessed valuation attributable to the net proceeds for minerals derived from within the boundaries of the district.
3. On or before June 3 of each year, the department of taxation shall provide an estimate of the net proceeds of minerals based upon statements required of mine operators pursuant to NRS 362.115.
4. For purposes of establishing the basic support guarantee, the estimated basic support guarantees for each school district for the fiscal year 1994-1995 for operating purposes are:
Basic Estimated
Support Basic
Guarantee Estimated Support
Before Ad Valorem Guarantee
School District Adjustment Adjustment as Adjusted
Carson City $3,455 $127 $3,582
Churchill County 3,682 198 3,880
Clark County 3,231 (4) 3,227
Douglas County 3,618 (135) 3,483
Elko County 3,541 258 3,799
Esmeralda County 6,530 (219) 6,311
Eureka County 100 0 100
Humboldt County 3,781 (18) 3,763
Lander County 3,826 (18) 3,808
Lincoln County 5,431 391 5,822
Lyon County 3,914 235 4,149
Mineral County 3,845 130 3,975
Nye County 3,998 (89) 3,909
Pershing County 4,487 (62) 4,425
Storey County 5,387 164 5,551
Washoe County 3,114 (45) 3,069
White Pine County 4,038 304 4,342
5. The ad valorem adjustment may be made only to take account of the difference in the assessed valuation and the estimated enrollment of the school district between the amount estimated as of April 1, 1993, and the amount estimated as of April 1, 1994, for the fiscal year 1994-1995. Estimates of net proceeds of minerals received from the department of taxation on or before June 3 pursuant to subsection 3 may be taken into consideration in determining the adjustment.
6. Upon receipt of the certified estimates of assessed valuations as of April 1, 1994, from the department of taxation, the department of education must recalculate the amount of ad valorem adjustment and the tentative basic support guarantee for operating purposes for the fiscal year 1994-1995 by April 25, 1994. The final basic support guarantee for each school district for the fiscal year 1994-1995 is the amount which is recalculated for fiscal year 1994-1995 pursuant to this section, taking into consideration estimates of net proceeds of minerals received from the department of taxation on or before June 3. The basic support guarantee recalculated pursuant to this section must be calculated before June 6, 1994, and must not be less than $100 per pupil.
κ1993 Statutes of Nevada, Page 1435 (CHAPTER 447, SB 569)κ
Sec. 8. 1. The basic support guarantee for each special education program unit which is maintained and operated for at least 9 months of a school year is $26,208 in each fiscal year of the 1993-1995 biennium, except as limited by subsection 2.
2. The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for the fiscal years 1993-1994 and 1994-1995 are:
Allocation of Special Education Units
1993-1994 1994-1995
DISTRICT Units Amount Units Amount
Carson City 57 $1,493,856 60 $1,572,480
Churchill County 29 760,032 31 812,448
Clark County 876 22,958,208 923 24,189,984
Douglas County 42 1,100,736 44 1,153,152
Elko County 54 1,415,232 58 1,520,064
Esmeralda County 3 78,624 4 104,832
Eureka County 4 104,832 4 104,832
Humboldt County 21 550,368 22 576,576
Lander County 12 314,496 13 340,704
Lincoln County 11 288,288 12 314,496
Lyon County 37 969,696 39 1,022,112
Mineral County 11 288,288 12 314,496
Nye County 27 707,616 28 733,824
Pershing County 9 235,872 10 262,080
Storey County 4 104,832 5 131,040
Washoe County 309 8,098,272 325 8,517,600
White Pine County 14 366,912 15 393,120
Subtotal 1,520 $39,836,160 1,605 $42,063,840
Reserved by State
Board of Education 40 1,048,320 40 1,048,320
TOTAL 1,560 $40,884,480 1,645 $43,112,160
3. The state board of education shall reserve 40 special education program units in each fiscal year of the 1993-1995 biennium, to be allocated to school districts by the state board of education to meet additional needs that cannot be met by the allocations provided in subsection 2 for that fiscal year.
Sec. 9. 1. There is hereby appropriated from the state general fund to the state distributive school account in the state general fund created pursuant to NRS 387.030:
For the fiscal year 1993-1994.............................................. $340,358,172
For the fiscal year 1994-1995.............................................. $368,052,061
2. The money appropriated by subsection 1 must be:
(a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and
(b) Work-programmed for the 2 separate fiscal years, 1993-1994 and 1994-1995, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
κ1993 Statutes of Nevada, Page 1436 (CHAPTER 447, SB 569)κ
with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
3. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate considerations of the merits of each request.
4. The sums appropriated by subsection 1 are available for either fiscal year. Money may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
5. Any remaining balance of the appropriation made by subsection 1 for the fiscal year 1993-1994, must be transferred and added to the money appropriated for the fiscal year 1994-1995 and may be expended as that money is expended.
6. Any remaining balance of the appropriation made by subsection 1 for the year 1994-1995, including any money added thereto pursuant to the provisions of subsection 4, must not be committed for expenditure after June 30, 1995, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 10. 1. Expenditure of $68,490,712 by the department of education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1993.
2. Expenditure of $69,036,760 by the department of education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1994.
3. For purposes of accounting and reporting, the sums authorized for expenditure in subsections 1 and 2 are considered to be expended before any appropriation is made to the state distributive school account from the state general fund.
4. The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
5. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized for expenditure by the department of education, in subsections 1 and 2, for the purpose of meeting obligations of the state incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount authorized in subsections 1 and 2.
Sec. 11. Of the sums appropriated from the state general fund in section 9 of this act, up to $600,000 in each of the fiscal years 1993-1994 and 19941995 may be used to meet the states matching requirement under the Child Nutrition Act.
κ1993 Statutes of Nevada, Page 1437 (CHAPTER 447, SB 569)κ
1995 may be used to meet the states matching requirement under the Child Nutrition Act.
Sec. 12. During each of the fiscal years 1993-1994 and 1994-1995, whenever the state controller finds that current claims against the state distributive school account in the state general fund exceed the amount available in the account to pay those claims, he may advance temporarily from the state general fund to the state distributive school account the amount required to pay claims, but no more than the amount expected to be received in the current fiscal year from any source authorized for the state distributive school account. No amount may be transferred unless requested by the chief of the budget division of the department of administration.
Sec. 13. The department of education is hereby authorized to spend from the state distributive school account the sum of $7,798,935 in each of the fiscal years 1993-1994 and 1994-1995 for the support of courses which are approved by the department of education as meeting the course of study for an adult standard high school diploma as approved by the state board of education. Of these amounts, no more than $3,226,850 may be used in each fiscal year 1993-1994 and 1994-1995 for the education of pupils who are incarcerated in a facility or institution operated by the department of prisons, other than an honor camp.
Sec. 14. The amounts of the guarantees set forth in sections 6 and 7 of this act may be reduced to effectuate a reserve required pursuant to NRS 353.225.
Sec. 15. This act becomes effective on July 1, 1993.
________
Senate Bill No. 562 — Committee on Finance
CHAPTER 448
AN ACT relating to public works; delaying the effective and expiration dates of Assembly Bill No. 407 of this session; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of Assembly Bill No. 407 of this act is hereby amended to read as follows:
Sec. 3. 1. Upon request by or consultation with an officer or employee of the state who is responsible for the budget of a department, board, commission, agency or other entity of the state, the appropriate energy retrofit coordinator may request the approval of the state board of examiners to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission, agency or other entity, to make the use of energy in the building, or portion thereof, more efficient.
κ1993 Statutes of Nevada, Page 1438 (CHAPTER 448, SB 562)κ
2. Upon approval of the state board of examiners, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:
(a) The name and location of the coordinator;
(b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;
(c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;
(d) The date and time not later than which proposals must be received by the coordinator; and
(e) The date and time when responses will be opened.
3. The request for proposals must be published in at least one newspaper of general circulation in the state.
4. After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:
(a) The best interests of the state;
(b) The experience and financial stability of the persons submitting the proposals;
(c) Whether the proposals conform with the terms of the request for proposals;
(d) The prices of the proposals; and
(e) Any other factor disclosed in the request for proposals.
5. The coordinator shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the coordinator.
6. After reviewing the proposals, if the coordinator determines that sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof, the coordinator shall select the best proposal and request the approval of the board of examiners to award the contract. The request for approval must include the proposed method of financing the audit and retrofit which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the state to make payments beyond the biennium in which the contract is executed but the interest due on any debt created pursuant to this section must be paid at least semiannually, payments must be made on the principal at least annually and the debt must be fully repaid on or before March 1, 2015.
7. Before approving a retrofit pursuant to this section, the state board of examiners shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the state to make payments beyond the biennium in which the contract is executed to ensure that:
(a) The amount of energy to be saved will likely justify the cost of the retrofit;
(b) The state is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings; and
(c) The limitation set forth in subsection 9 will not be exceeded.
κ1993 Statutes of Nevada, Page 1439 (CHAPTER 448, SB 562)κ
8. Upon approval of the state board of examiners, the coordinator shall execute the contract and notify:
(a) The state board of examiners of the total amount of money committed by the contract per year; and
(b) Each officer or employee who is responsible for the budget of a department, board, commission, agency or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.
9. The total amount of money committed beyond the biennium for all contracts executed pursuant to this section must not exceed $5,000,000 at any one time.
10. The legislative hereby pledges that a tax will be levied to pay the principal and interest on any indebtedness resulting from a contract executed pursuant to this section as they become due if the required payments will not be made by the entity that executed the contract from its budgeted accounts and the proceeds from any such taxes are hereby specially appropriated from this purpose.
11. NRS 338.143 does not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.
Sec. 2. Section 7 of Assembly Bill No. 407 of this session is hereby amended to read as follows:
Sec. 7. This act becomes effective on March 1, 1995, and expires by limitation on March 1, 2015.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 554 — Committee on Judiciary
CHAPTER 449
AN ACT relating to limitation of actions; making retroactive the periods of limitation on actions for damages caused by deficiencies in construction of improvements to real property; providing a period within which to file such actions before the retroactive limitation takes effect; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 70, Statutes of Nevada 1991, at page 132, is hereby amended to read as follows:
Section 1. 1. Except as otherwise provided in subsection 2, the periods of limitation on actions set forth in NRS 11.203, 11.204 and 11.205 apply retroactively to actions in which the substantial completion of the improvement to the real property occurred before July 1, 1983.
2. The provisions of subsection 1 do not limit an action:
(a) That accrued before April 10, 1991, and was commenced before [the effective date of this act;] July 1, 1994; or
κ1993 Statutes of Nevada, Page 1440 (CHAPTER 449, SB 554)κ
(b) If so doing would constitute an impairment of the obligation of contracts under the Constitution of the United States or the constitution of the State of Nevada.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 526 — Committee on Government Affairs
CHAPTER 450
AN ACT relating to the trust fund for child welfare; revising the manner in which interest must be paid to the individual accounts in the trust fund; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.253 is hereby amended to read as follows:
422.253 1. The trust fund for child welfare is hereby created. All benefits for survivors or other awards payable to children receiving welfare services for children must be deposited in the state treasury for credit to the fund.
2. The trust fund for public assistance is hereby created. Retirement and other grants to any adult receiving public assistance in a nursing home or residential facility for groups, except facilities of the mental hygiene and mental retardation division of the department, must be deposited in the state treasury for credit to the fund if the adult receiving care has been adjudicated incompetent in the administration of his personal finances.
3. The welfare division shall:
(a) Keep a separate account for each person who receives money.
(b) Deduct from the account any welfare services to the person that are provided by public money. Any surplus remaining may be expended for extraordinary items deemed beneficial to the person.
(c) Remit any surplus balance to the named person when the welfare division is no longer legally responsible for that person.
4. The welfare division shall [establish an interest-bearing account in the name of the child in any bank or insured savings and loan association in the State of Nevada qualified to receive deposits of public money and deposit in that account any surplus money in excess of $500 belonging to the child] pay interest to each childs separate account maintained in the trust fund for child welfare [.] at the end of each interest period. Interest must be paid at a rate equal to the average of the interest rates quoted by at least three banking institutions for interest-bearing savings accounts of $3,000 or less on the first day of each interest period. Interest must be paid on the childs account commencing with the first interest period that the welfare division is legally responsible for the child. Interest must not be paid for the interest period during which the child ceases to be the legal responsibility of the welfare division.
κ1993 Statutes of Nevada, Page 1441 (CHAPTER 450, SB 526)κ
5. [Court-ordered and other support payments to children receiving welfare services for children are not considered as a benefit or an award for the purpose of this section, but must be held in trust in the trust fund for child welfare.] As used in this section, interest period means that period not less frequent than quarterly, as determined by the state treasurer, for which interest must be paid.
Sec. 2. This act becomes effective on July 1, 1993.
________
Senate Bill No. 490 — Committee on Natural Resources
CHAPTER 451
AN ACT relating to recycling; defining the term recycling center for the purposes of certain provisions governing recycling; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 444A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Department means the state department of conservation and natural resources.
Sec. 3. Municipality means a county, city, town, general improvement district or health district created pursuant to NRS 439.370 or other political subdivision of this state which has jurisdiction over the management of solid waste.
Sec. 4. Recyclable material means solid waste that can be processed and returned to the economic mainstream in the form of raw materials or products, as determined by the state environmental commission.
Sec. 5. Recycling center means a facility designed and operated to receive, store, process or transfer recyclable material which has been separated at the source from other solid waste.
Sec. 6. Solid waste has the meaning ascribed to it in NRS 444.490.
Sec. 7. Tire for a vehicle includes a tire for a motorized vehicle that is 12 inches or larger in diameter, but does not include a recapped tire or used tire which is sold again.
Sec. 8. Vehicle means any device in, upon or by which any person or property is or may be transported or drawn upon land. The term does not include:
1. Devices moved by human or electrical power;
2. Commercial coaches as defined in NRS 489.062; and
3. Mobile homes as defined in NRS 489.120.
Sec. 9. NRS 444A.010 is hereby amended to read as follows:
444A.010 As used in NRS 444A.010 to 444A.080, inclusive, and sections 2 to 8, inclusive, of this act, unless the context otherwise [requires:
κ1993 Statutes of Nevada, Page 1442 (CHAPTER 451, SB 490)κ
1. Department means the state department of conservation and natural resources.
2. Municipality means a county, city, town, general improvement district, health district created pursuant to NRS 439.370 or other political subdivision of this state which has jurisdiction over the management of solid waste.
3. Recyclable material means solid waste that can be processed and returned to the economic mainstream in the form of raw materials or products, as determined by the state environmental commission.
4. Solid waste has the meaning ascribed to it in NRS 444.490.
5. Tire for a vehicle includes a tire for a motorized vehicle that is 12 inches or larger in diameter, but does not include a recapped tire or used tire which is sold again.
6. Vehicle means any device in, upon or by which any person or property is or may be transported or drawn upon land. The term does not include:
(a) Devices moved by human or electrical power;
(b) Commercial coaches as defined in NRS 489.062; and
(c) Mobile homes as defined in NRS 489.120.] requires, the words and terms described in sections 2 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.
________
Senate Bill No. 458 — Committee on Commerce and Labor
CHAPTER 452
AN ACT relating to wineries; permitting local wineries to sell their own wines off the premises of the winery under certain circumstances and to serve other alcoholic beverages on the premises; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 598.358 is hereby amended to read as follows:
598.358 A winery located in a county whose population is 100,000 or less, if it is federally bonded, may:
1. Import wine or juice from a bonded winery in another state, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both . [; and]
2. Sell at retail or serve by the glass, on its premises [,] and at one other location, wine produced, blended or aged by the winery. The amount of wine sold at a location other than on the premises of the winery may not exceed 50 percent of the total volume of the wine sold by the winery.
3. Serve by the glass, on its premises, any alcoholic beverage.
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 1443κ
Senate Bill No. 190 — Senator Adler
CHAPTER 453
AN ACT relating to motor vehicles; providing for the imposition of a suspended fine under certain circumstances for certain violations concerning the operation of a motor vehicle without insurance; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having security for payment of liabilities arising from maintenance or use of the vehicle as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of current insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.
(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.
2. Except as otherwise provided in subsection 3, any person who violates subsection 1 shall be fined not less than $300 nor more than $1,000.
3. [A person may not be fined] A court:
(a) Shall not fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 if he presents evidence to the court that the security required by NRS 485.185 was in effect at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a fine of $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the fine on the condition that the person presents proof to the court each month for 12 months that the security required by NRS 485.185 is currently in effect.
4. Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 or section 1 of [this act] Assembly Bill No. 156 of this session authorizing the movement or operation of that vehicle within the state for a limited time.
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 1444κ
Assembly Bill No. 786 — Committee on Taxation
CHAPTER 454
AN ACT relating to gaming; increasing a certain fee collected from restricted gaming licensees; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for a restricted operation, the commission shall charge and collect from him for each slot machine for each quarter year:
(a) A license fee of [$45] $61 for each slot machine if he will have at least one but not more than five slot machines.
(b) A license fee of [$225 plus $90] $305 plus $106 for each slot machine in excess of five if he will have at least six but not more than 15 slot machines.
2. The commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as otherwise provided in NRS 463.386, no proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in that location, whether or not the machines are owned by one or more licensee-owners.
Sec. 2. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 1445κ
Senate Bill No. 430 — Senator ODonnell
CHAPTER 455
AN ACT relating to vehicles; revising the provisions governing the entry or exit of a vehicle on a controlled-access highway; requiring drivers to yield to emergency vehicles and official vehicles which are making use of flashing lights; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.322 is hereby amended to read as follows:
484.322 1. The driver of a vehicle about to enter or exit a controlled-access highway shall yield the right of way to all vehicles approaching on the highway [. Only after determining that the entry can be made safely, may the driver enter the highway.] whose proximity constitutes an immediate hazard and shall continue to yield the right of way to that traffic until the driver may proceed with reasonable safety.
2. A driver of a vehicle who has yielded the right of way as required by subsection 1 may proceed to enter or exit the highway and the drivers of all other vehicles approaching on the highway shall yield the right of way to vehicles entering or exiting the highway.
Sec. 2. NRS 484.323 is hereby amended to read as follows:
484.323 Upon the immediate approach of an authorized emergency vehicle or an official vehicle of a regulatory agency, making use of [audible and visual signals] flashing lights meeting the requirements of subsection 3 of NRS 484.787, [or of a police vehicle lawfully making use of an audible signal only,] the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle, official vehicle or police vehicle has passed, except when otherwise directed by a police officer.
________
κ1993 Statutes of Nevada, Page 1446κ
Assembly Bill No. 778 — Committee on Commerce
CHAPTER 456
AN ACT relating to insurance; revising the provisions governing the payment of the tax on insurance premiums; requiring the payment of interest on late payments; providing an administrative fine and penalty for underpayment of the tax; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 680B.027 is hereby amended to read as follows:
680B.027 1. Except as otherwise provided in NRS 680B.033, for the privilege of transacting business in this state, each insurer shall pay to the commissioner a tax upon his net direct premiums and net direct considerations written at the rate of 3.5 percent.
2. The tax must be paid at the same time the report required by NRS 680B.030 is filed.
3. On or before March 1 of each year, each insurer who pursuant to subsection 1, paid or is required to pay a tax of at least $2,000 on net premiums and net direct considerations written during the preceding calendar year, shall pay to the commissioner a prepayment of the tax imposed by subsection 1 in an amount equal to at least 50 percent of the tax he estimates he will owe pursuant to subsection 1 for that calendar year. The remainder of the prepayment of the estimated tax must be made on or before June 15 of that calendar year. The total of the prepayments must not be less than the actual tax pursuant to subsection 1 for the preceding calendar year. The commissioner shall accept a subsequent prepayment of the estimated tax from an insurer if the insurer files with the commissioner a statement under oath setting forth the facts requiring the additional payment.
4. If an overpayment of the insurers actual tax liability results from his prepayment of the tax pursuant to subsection 3 in the preceding year, the insurer shall apply the overpayment to the prepayment due pursuant to subsection 3 in succeeding years until the overpayment has been extinguished.
5. Except as otherwise provided in subsection 7, if the prepayment made pursuant to subsection 3 is less than 85 percent of the tax that was actually owed by the insurer for the calendar year in which the prepayment was made, the insurer shall pay to the commissioner:
(a) A penalty in an amount equal to 5 percent of the underpayment; and
(b) An administrative fine of $2,000.
6. Except as otherwise provided in subsection 7 and in addition to the penalty and fine provided by subsection 5:
(a) An insurer whose prepayment is less than 85 percent of the tax that was actually owed by the insurer for the calendar year in which the prepayment was made shall pay interest on the difference between the total amount of the prepayment and 85 percent of the amount actually owed at the rate of 1.5 percent per month, or fraction of a month, from the March 1 on which the initial prepayment became due until the date of payment.
κ1993 Statutes of Nevada, Page 1447 (CHAPTER 456, AB 778)κ
(b) An insurer who does not make a prepayment required by subsection 3 when due shall pay interest at the rate of 1.5 percent per month, or fraction of a month, on the amount of the prepayment owed from the date on which the prepayment became due until the date of payment.
(c) An insurer who does not make any payment of the tax imposed pursuant to this section when due shall pay interest at the rate of 1.5 percent per month, or fraction of a month, on the amount owed from the date on which the payment became due until the date of payment.
7. The commissioner may, for good cause shown, waive or reduce the penalty, fine or interest imposed by subsection 5 or 6. Any insurer seeking relief from the penalty, fine or interest must file with commissioner a statement under oath setting forth the facts upon which he bases his claim for relief.
8. The commissioner may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
9. A newly admitted insurer who receives a certificate of authority after January 1 from the commissioner is not required to make a prepayment of the premium tax pursuant to subsection 3 for the year in which he is admitted. The tax for the insurers first calendar year must be paid at the time that the report required by NRS 680B.030 is filed.
Sec. 2. NRS 681B.010 is hereby amended to read as follows:
681B.010 In any determination of the financial condition of an insurer, there [shall] must be allowed as assets only such assets as are owned by the insurer and which consist of:
1. Cash in the possession of the insurer, or in transit under its control, and including the true balance of any deposit in a solvent bank or trust company.
2. Investments, securities, properties and loans acquired or held in accordance with this code, and in connection therewith the following items:
(a) Interest due or accrued on any bond or evidence of indebtedness which is not in default and which is not valued on a basis including accrued interest.
(b) Declared and unpaid dividends on stock and shares, unless such amount has otherwise been allowed as an asset.
(c) Interest due or accrued upon a collateral loan in an amount not to exceed 1 years interest thereon.
(d) Interest due or accrued on deposits in solvent banks and trust companies, and interest due or accrued on other assets, if such interest is, in the judgment of the commissioner, a collectible asset.
(e) Interest due or accrued on a mortgage loan, in an amount not exceeding in any event the amount, if any, of the excess of the value of the property less delinquent taxes thereon over the unpaid principal; but in no event [shall] may interest accrued for a period in excess of 18 months be allowed as an asset.
(f) Rent due or accrued on real property if such rent is not in arrears for more than 3 months, and rent more than 3 months in arrears if the payment of such rent is adequately secured by property held in the name of the tenant and conveyed to the insurer as collateral.
(g) The unaccrued portion of taxes paid [prior to] before the due date on real property.
κ1993 Statutes of Nevada, Page 1448 (CHAPTER 456, AB 778)κ
3. Premium notes, policy loans and other policy assets and liens on policies and certificates of life insurance and annuity contracts and accrued interest thereon, in an amount not exceeding the legal reserve and other policy liabilities carried on each individual policy.
4. The net amount of uncollected and deferred premiums and annuity considerations in the case of a life insurer.
5. Premiums in the course of collection, other than for life insurance, not more than 3 months past due, less commissions payable thereon. The foregoing limitation shall not apply to premiums payable directly or indirectly by the United States Government or by any of its instrumentalities.
6. Installment premiums other than life insurance premiums to the extent of the unearned premium reserve carried on the policy to which premiums apply.
7. Notes and like written obligations not past due, taken for premiums other than life insurance premiums, on policies permitted to be issued on such basis, to the extent of the unearned premium reserves carried thereon.
8. The full amount of reinsurance recoverable by a ceding insurer from a solvent reinsurer, which reinsurance is authorized under NRS 681A.110.
9. Amounts receivable by an assuming insurer representing funds withheld by a solvent ceding insurer under a reinsurance treaty.
10. Deposits or equities recoverable from underwriting associations, syndicates and reinsurance funds, or from any suspended banking institution, to the extent deemed by the commissioner available for the payment of losses and claims and at values to be determined by him.
11. All such assets, whether or not consistent with the provisions of this section, as may be allowed pursuant to the annual statement form approved by the commissioner for the kinds of insurance to be reported upon therein.
12. As to a title insurer, its title plant and equipment reasonably necessary for the conduct of its abstract or title insurance business, at not to exceed the cost thereof.
13. Electronic and mechanical machines and related equipment constituting a data processing, recordkeeping or accounting system or systems if the cost of each such system is at least $25,000, which cost [shall] must be amortized in full over a period not to exceed 10 years. The aggregate amount invested in all such systems [shall] must not exceed 5 percent of the insurers assets.
14. Prepaid premium taxes pursuant to NRS 680B.027 and any interest paid on loans for the prepayment of those taxes.
15. Other assets, not inconsistent with the provisions of this section, deemed by the commissioner to be available for the payment of losses and claims at values to be determined by him.
Sec. 3. NRS 680B.031 is hereby repealed.
Sec. 4. 1. On or before February 1, 1996, the commissioner of insurance shall allocate a total credit of not more than $1,750,000 among the insurers who made prepayments for the 1995 calendar year pursuant to NRS 680B.027, as amended by this act, in the proportion that the total dollar amount of prepayment made by each insurer for the 1995 calendar year bears to the total dollar amount of prepayments made by all insurers pursuant to NRS 680B.027, as amended by this act, for the 1995 calendar year. The dollar amount of the total credit to be allocated pursuant to this subsection must be determined by multiplying the average annual rate of return realized on the money in the state general fund for the period beginning on July 1, 1995, and ending on December 31, 1995, as determined by the state treasurer, by the total dollar amount of prepayments made by all insurers for the period beginning on July 1, 1995, and ending on December 31, 1995, pursuant to NRS 680B.027, as amended by this act.
κ1993 Statutes of Nevada, Page 1449 (CHAPTER 456, AB 778)κ
dollar amount of the total credit to be allocated pursuant to this subsection must be determined by multiplying the average annual rate of return realized on the money in the state general fund for the period beginning on July 1, 1995, and ending on December 31, 1995, as determined by the state treasurer, by the total dollar amount of prepayments made by all insurers for the period beginning on July 1, 1995, and ending on December 31, 1995, pursuant to NRS 680B.027, as amended by this act. The commissioner of insurance shall transmit to each insurer a certification of the amount of credit allocated to it.
2. An insurer may offset against its liability for premium tax to this state, accrued with respect to business transacted in a calendar year, an amount equal to 20 percent of the amount certified pursuant to subsection 1 in each of the 5 calendar years following 1995. If an insurer ceases to transact business, he may offset all unused credits against his liability for premium tax for the year in which he so ceases. The insurer is not entitled to a refund of any remaining credits if the unused credits exceed the insurers liability for premium tax.
Sec. 5. The amendatory provisions of this act must not be applied to the actual taxes or prepayment due for any calendar year before 1995.
Sec. 6. This act becomes effective on January 1, 1995.
________
Assembly Bill No. 661 — Committee on Ways and Means
CHAPTER 457
AN ACT relating to unarmed combat; removing the executive director of the Nevada athletic commission from the unclassified service of the state and authorizing him to pursue certain other businesses and occupations; increasing the amount of the bond required for the issuance of a license; increasing the amount of insurance coverage required for a contestant in an exhibition or contest; reducing the maximum number of rounds allowed for a boxing contest, sparring match or exhibition; eliminating the authority to issue certain licenses without the payment of a fee; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 467.050 is hereby amended to read as follows:
467.050 1. For each county of the state the commission may appoint one or more official representatives to be designated as inspectors, and may appoint one chief inspector in each county having a population of 100,000 or more. The chief inspectors shall supervise the work of all other inspectors appointed by the commission. Each inspector must receive from the commission a card authorizing him to act as an inspector for the county designated. He holds office as an inspector at the pleasure of the commission.
κ1993 Statutes of Nevada, Page 1450 (CHAPTER 457, AB 661)κ
2. An inspector shall not at any time during his service as an inspector promote or sponsor any professional contest or exhibition of unarmed combat, or combination of those events.
Sec. 2. NRS 467.055 is hereby amended to read as follows:
467.055 1. Members of the commission, if authorized by the chairman, are entitled to receive a salary of not more than $80, as fixed by the commission, for each full-day meeting of the commission.
2. While engaged in the business of the commission, each member and employee of the commission is, upon the authorization of the chairman, entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
3. The executive director of the commission is in the unclassified service of the state. He [shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.] may pursue any other business or occupation not inconsistent or in conflict with his duties as executive director.
4. Each inspector for the commission is entitled to receive for the performance of his duties a fee approved by the commission.
Sec. 3. NRS 467.080 is hereby amended to read as follows:
467.080 1. The commission may issue and revoke licenses to conduct, hold or give contests or exhibitions of unarmed combat where an admission fee is received in accordance with such terms and provisions as the commission prescribes.
2. Any application for such a license must be in writing and correctly show and define the applicant. The application must be accompanied by an annual fee to be fixed by the commission on a uniform scale.
3. Before any license is granted, the applicant must file a bond in an amount fixed by the commission but not less than [$2,000,] $10,000, executed by the applicant as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the faithful performance by the applicant of the provisions of this chapter. In lieu of a bond, the applicant may deposit with the commission a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the commission. All money which the commission receives pursuant to this subsection must be deposited with the state treasurer for credit to the athletic commissions agency account, which is hereby created in the state agency fund for bonds.
4. If the commission believes the requirement for a bond is inadequate, the commission may require the promoter to make a deposit of money in an amount fixed by the commission. The deposit must be made not less than 5 days before the contest or exhibition. It may be used to satisfy any obligation incurred by the promoter during the staging of the contest or exhibition upon order of the commission. After satisfaction of all such obligations the commission shall release the remainder to the promoter.
5. Subsections 3 and 4 do not apply to amateur athletic clubs.
κ1993 Statutes of Nevada, Page 1451 (CHAPTER 457, AB 661)κ
Sec. 4. NRS 467.100 is hereby amended to read as follows:
467.100 1. All contestants, promoters, managers, seconds, [sparring partners, trainers, booking agents] trainers and ring officials must be licensed by the commission. No person may participate, [either] directly or indirectly, in any professional contest or exhibition of unarmed combat unless he has first procured a license from the commission.
2. The commission shall fix a uniform scale of license fees.
3. It is a violation of this chapter for any person to participate, directly or indirectly, as stated in subsection 1, unless he has been granted a license therefor.
Sec. 5. NRS 467.105 is hereby amended to read as follows:
467.105 1. Every promoter, in order to present a program of contests or exhibitions of unarmed combat, must obtain a permit from the commission for each program.
2. The [following fees must accompany each application] commission shall charge and collect the following fees for a permit to present a program of contests or exhibitions:
Permit for a promoter who has no place of business in this state ........................................................................ $100
Permit for a promoter who has a place of business in this state [25].......................................................................... 100
The provisions of this subsection do not apply to the presentation of a program of amateur contests or exhibitions of unarmed combat.
Sec. 6. NRS 467.110 is hereby amended to read as follows:
467.110 1. The commission may suspend or revoke the license of, otherwise discipline , or take any combination of such actions against any [applicant,] contestant, promoter, ring official or other participant who, in the judgment of the commission:
[1.] (a) Participates in any sham or fake contest or exhibition of unarmed combat.
[2.] (b) Is guilty of a failure to give his best efforts in such a contest or exhibition.
[3.] (c) Is guilty of any foul or unsportsmanlike conduct in connection with such a contest or exhibition.
2. The commission may refuse to issue a license to an applicant who has committed any of the acts described in subsection 1.
Sec. 7. NRS 467.125 is hereby amended to read as follows:
467.125 The commission may, by regulation [:
1. Require] , require insurance coverage for each licensed contestant to provide for medical, surgical and hospital care for injuries sustained while engaged in contests or exhibitions of unarmed combat, in an amount of [$5,000] $50,000 or more payable to the physician or hospital which treated the contestant for his injuries or, if he has paid for that care, directly to him or his beneficiary . [; or
κ1993 Statutes of Nevada, Page 1452 (CHAPTER 457, AB 661)κ
2. Authorize the formation of a nonprofit corporation to provide such benefits and the deduction of a prescribed percentage from the amount payable to each contestant, manager and promoter for each contest or exhibition, to be paid over to and managed by the corporation for that purpose.]
Sec. 8. NRS 467.140 is hereby amended to read as follows:
467.140 [A] The executive director of the commission, a chief inspector or a member of the staff of the commission [shall] must be present at all weigh-ins, medical examinations, contests, exhibitions or matches, and shall [see] ensure that the rules are strictly enforced.
Sec. 9. NRS 467.150 is hereby amended to read as follows:
467.150 No boxing contest, sparring match or exhibition may be more than [15] 12 rounds in length. Rounds must be not more than 3 minutes. There must be a rest period of 60 seconds between successive rounds.
Sec. 10. NRS 467.158 is hereby amended to read as follows:
467.158 1. Except as otherwise provided in subsection 3, upon receipt of an application and the payment of a penalty prescribed by the commission, not to exceed [$100,000,] $250,000, the commission may reinstate a revoked license.
2. Except as otherwise provided in subsection 3, in lieu of revoking a license, as provided for in this chapter, the commission may prescribe a penalty not to exceed [$100,000.] $250,000.
3. If the revocation or proposed revocation relates to:
(a) The preparation for a contest or an exhibition of unarmed combat;
(b) The occurrence of a contest or an exhibition of unarmed combat; or
(c) Any other action taken in conjunction with a contest or an exhibition of unarmed combat,
the commission may prescribe a penalty not to exceed [$100,000] $250,000 or 10 percent of the purse for that contest or exhibition, whichever amount is greater.
4. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the commission.
Sec. 11. NRS 467.103 and section 30 of Assembly Bill No. 235 of this session are hereby repealed.
Sec. 12. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 1453κ
Assembly Bill No. 641 — Assemblymen Giunchigliani, Kenny, Segerblom, Schneider, Toomin, Chowning, Gregory, Bennett, Augustine, Bache, Wendell Williams, Bonaventura, Porter, Petrak, Regan, Smith, Garner, Spitler, Collins, Price, de Braga, Heller, Hettrick, Myrna Williams, Carpenter, Neighbors, McGaughey, Evans, Anderson, Haller, Ernaut, Humke, Marvel, Freeman, Perkins and Dini
CHAPTER 458
AN ACT relating to local government; authorizing and specifying the manner of consolidating governmental services provided by counties and cities; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 277 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The governing bodies of a county, the largest city, and each other incorporated city which chooses to participate may consolidate the services provided by those governments, by interlocal agreement pursuant to the provisions of section 3 of this act.
2. The provisions of this section and section 3 of this act supplement, and in case of conflict prevail over, the provisions of NRS 277.080 to 277.180, inclusive.
Sec. 3. 1. In a county in which governmental services are consolidated, the governing bodies may establish a permanent administrative entity to perform specific functions throughout the participating cities and in the unincorporated area of the county, including, but not limited to:
(a) Prevention and suppression of fire.
(b) Sanitation and sewerage.
(c) Planning, regulation of use of land and buildings, inspection of buildings for safety, and the issuance of building permits.
(d) Regulation of business and gaming and issuance of business and gaming licenses.
(e) Provision of parks and recreation, including the maintenance of existing facilities.
(f) Provision of informational systems and data processing for the county and participating cities.
(g) General services and the maintenance of buildings and vehicles for the county and participating cities.
2. The county and each participating city may negotiate concerning the manner of contributing to the budget of the administrative entity in proportion to the sum of revenues derived by each from taxes, licenses for business and gaming, and fees for services performed, in each city and in the unincorporated area of the county, respectively.
Sec. 4. NRS 277.080 is hereby amended to read as follows:
277.080 NRS 277.080 to 277.180, inclusive, and sections 2 and 3 of this act, may be cited as the Interlocal Cooperation Act.
κ1993 Statutes of Nevada, Page 1454 (CHAPTER 458, AB 641)κ
Sec. 5. NRS 277.120 is hereby amended to read as follows:
277.120 1. [Any] Except as otherwise provided in section 3 of this act, any agreement made pursuant to NRS 277.110 which establishes a separate legal or administrative entity to conduct the joint or cooperative undertaking shall specify:
(a) The precise organization, composition and nature of such entity and the powers delegated thereto.
(b) The duration of the agreement.
(c) The purpose of the agreement.
(d) The manner of financing such undertaking and of establishing and maintaining a budget therefor.
(e) The method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination.
(f) Any other necessary or proper matters.
2. Any agreement so made which does not establish such an entity shall contain:
(a) The provisions enumerated in paragraphs (b) to (f), inclusive, of subsection 1.
(b) Provision for an administrator or joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies which are parties to the agreement shall be represented.
(c) The manner of acquiring, holding and disposing of real and personal property used in such undertaking.
Sec. 6. 1. The department of taxation shall examine the budget submitted for each of the first 5 fiscal years commencing with the fiscal year 1994-1995 by each county and each city which is a party to an interlocal agreement permitted by section 2 of this act, and the actual expenditures during each of those years, to determine whether a saving of total public expenditure has resulted from the consolidation of services. The department shall compare the expenditures budgeted and made with those for fiscal years before the consolidation, and shall take into account other factors, such as changes in population.
2. If the department finds that no saving has resulted, the director of the department shall promptly proclaim this fact, and shall notify the legislative counsel and each county and city whose expenditure was examined. If such a finding is made and proclaimed, this act expires by limitation at the end of the fiscal year during which the proclamation is made.
Sec. 7. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 1455κ
Assembly Bill No. 430 — Committee on Ways and Means
CHAPTER 459
AN ACT relating to state lands; establishing fees for certain applications and permits; changing the fee for and use of the proceeds from copying certain records; clarifying the authority of the state land registrar to authorize the use of state land; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 321.065 is hereby amended to read as follows:
321.065 1. The state land registrar shall charge the following fees [:] , unless a different fee is prescribed by specific statute:
(a) For making copies of public records and maps in the custody of the state land office, regarding land granted to the state by the Federal Government for educational purposes:
For [making] a certified copy of a contract to purchase state lands and for the renewal of a contract, each.................................................... $5.50
For a township diagram showing state entries only, each ......... 2.00
For a copy of a township plat showing entries, each sheet ....... 2.00
For a list of entrymen and agents, showing the kind of entries, each entryman ..................................................................................................... .50
For copies of all other public records , [within custody of state land office,] including contracts, applications and treasurers receipts:
First sheet of each file ................................................... 1.00
Each additional sheet ................................................... .50
For copies of topography maps or portions thereof:
First sheet per map ........................................................ 1.00
Each additional sheet ................................................... .50
For copies of microfilm records:
Each roll (16 or 32mm)................................................. 10.00
Each single frame blowback ................................... .50
For duplication of microfilm jackets, each .................................. .25
(b) For making copies of any other public records or maps in the custody of the state land office, $1 for the first sheet and 50 cents for each additional sheet.
2. All fees charged and collected under [this section shall] :
(a) Paragraph (a) of subsection 1 must be accounted for by the state land registrar and paid into the state treasury for credit to the state permanent school fund.
(b) Paragraph (b) of subsection 1 must be:
(1) Accounted for by the state land registrar;
(2) Paid into the state treasury for credit to a separate account in the state general fund; and
κ1993 Statutes of Nevada, Page 1456 (CHAPTER 459, AB 430)κ
(3) Expended to carry out the powers and duties of the state land registrar and the division of state lands.
Sec. 2. Chapter 322 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 27, inclusive, of this act.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 322.005 and sections 4 to 20, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 4. Agricultural use means any use required for farming or ranching.
Sec. 5. Boat-fueling facility means a pump or similar device used for transferring fuel to vessels on a navigable body of water.
Sec. 6. Boat hoist means a hoist for raising vessels from, or lowering vessels into, a navigable body of water.
Sec. 7. Boat ramp means a ramp for launching vessels into, or retrieving vessels from, a navigable body of water.
Sec. 8. Boat slip means a space designed for the mooring or storage of vessels on a navigable body of water.
Sec. 9. Commercial use means any use conducted primarily for profit, except a use conducted by a public utility or a governmental or quasi-governmental entity.
Sec. 10. Dredging means the removing or rearranging of any material below the high water elevation of a navigable body of water.
Sec. 11. Filling means the deposit of any material below the high water elevation of a navigable body of water.
Sec. 12. Floating dock or platform means a structure, other than a vessel or pier, designed to float on water while anchored to the shore or bed of a navigable body of water.
Sec. 13. Littoral or riparian residential parcel means a parcel of land which:
1. Adjoins the bed of a navigable body of water; and
2. Is restricted to single-family residential use.
Sec. 14. Mooring buoy means a float:
1. Which is anchored to the bed of a navigable body of water; and
2. To which a vessel is fastened through the use of cables, lines, ropes or anchors for the purpose of maintaining the vessel in a stationary position in the water.
Sec. 15. Multiple residential use means the use of a facility, structure or other object, except a commercial use, exclusively by the owners of two or more littoral or riparian residential parcels and their families and guests.
Sec. 16. Pier means a fixed or floating platform or other structure which:
1. Extends into or over a navigable body of water;
2. Is attached to pillars, piles, rocks or metal or is anchored to the bottom of the body of water; and
3. Affords convenient passage to and from vessels or provides a mooring for vessels.
Sec. 17. Recreational dredging means dredging conducted primarily for personal pleasure using a portable vacuum or suction dredge which has an intake that does not exceed 4 inches in diameter.
κ1993 Statutes of Nevada, Page 1457 (CHAPTER 459, AB 430)κ
Sec. 18. Single residential use means the use of a facility, structure or other object, except a commercial use, exclusively by the owner of a littoral or riparian residential parcel and his family and guests.
Sec. 19. Swim line means a floating line used for the designation of an area for swimming or bathing in a navigable body of water.
Sec. 20. Vessel means any boat or other watercraft used as a means of transportation on water.
Sec. 21. 1. In addition to any other authority granted to him pursuant to this chapter, the state land registrar may:
(a) Issue a permit, license or other authorization for any lawful use of state land administered by the division of state lands of the state department of conservation and natural resources; and
(b) Except as otherwise provided by specific statute, charge a fee for the issuance of such a permit, license or other authorization in such an amount as the state land registrar determines to be reasonable based upon the fair market value of the use.
2. The receipt of a permit, license or other authorization issued pursuant to this section does not excuse the recipient from compliance with any other provision of law regarding the use to which the permit, license or other authorization applies, including any requirements to obtain any other permits, licenses or authorizations regarding that use.
Sec. 22. 1. Except as otherwise provided in this section or by specific statute, the state land registrar shall charge the following nonrefundable fees:
(a) For the consideration of an application for the issuance of any lease, easement, permit, license or other authorization for:
(1) Any commercial use of state land other than an agricultural use, a fee of $200.
(2) Any agricultural use of state land, a fee of $150.
(3) Any other use of state land, a fee of $100.
(b) For the consideration of an application for the amendment of any lease, easement, permit, license or other authorization for:
(1) Any commercial use of state land other than an agricultural use, a fee of $100.
(2) Any agricultural use of state land, a fee of $75.
(3) Any other use of state land, a fee of $50.
2. The state land registrar shall charge a nonrefundable fee of $10 for the consideration of an application for the issuance or amendment of a permit to engage in recreational dredging.
3. The state land registrar may waive any fee for the consideration of an application regarding any permit, license or other authorization for the use of state land for which no fee is charged.
Sec. 23. Except as otherwise provided by specific statute, the state land registrar shall charge for the issuance of:
1. A permit for:
(a) The commercial use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of $1,000 per year.
(b) The multiple residential use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of $400.
κ1993 Statutes of Nevada, Page 1458 (CHAPTER 459, AB 430)κ
(c) The single residential use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of $250 per year.
(d) Any other use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of $500 per year.
2. A permit for:
(a) The commercial use:
(1) Of a boat-fueling facility, boat hoist, boat ramp, boat slip, floating dock or platform, mooring buoy or swim line, or a similar device or structure in or on a navigable body of water, a fee of $250 per year.
(2) On a navigable body of water of:
(I) A motorized vessel held for short-term lease, a fee of $250 per year.
(II) A nonmotorized vessel held for short-term lease, a fee of $25 per year.
(b) Any other use:
(1) Of a boat-fueling facility, boat hoist, boat ramp, boat slip, floating dock or platform, mooring buoy or swim line, or a similar device or structure in or on a navigable body of water, a fee of $150 per year.
(2) On a navigable body of water of a motorized vessel held for short-term lease, a fee of $150 per year. Except as otherwise provided in paragraph (a) of this subsection, the state land registrar shall not charge a fee for the issuance of a permit for any use on a navigable body of water of a nonmotorized vessel held for short-term lease.
Sec. 24. Except as otherwise provided by specific statute, the state land registrar shall charge for:
1. A permit to engage in a project for dredging or filling, to construct or install any gabion, riprap or similar protective structure on state land or in a navigable body of water, or to construct or install any groin, seawall, breakwater, jetty or similar protective structure in a navigable body of water, for:
(a) Any commercial use other than an agricultural use, a fee of $1,000.
(b) Any agricultural use, a fee of $300.
(c) Any other use, except as otherwise provided in subsection 2, a fee of $250.
2. A permit to engage in recreational dredging, a fee of $50 per year or $5 per day.
3. A permit to construct or install a structure on state land for the diversion of water to irrigate any land for agricultural use, a fee of $100. The state land registrar shall not charge a fee for the use of state land to maintain or repair such a structure.
Sec. 25. The state land registrar may waive a fee for the issuance of any permit, license or other authorization for the use of state land:
1. To clean, maintain or repair state property; or
2. For not more than 14 consecutive days, if the use:
(a) Is not conducted primarily for profit; and
(b) Is conducted in such a manner as to cause no essential change in or damage to the state land.
Sec. 25.5. The state land registrar shall not charge any fee pursuant to sections 21 to 24, inclusive, of this act, for the assignment of any land or interest in land, pursuant to NRS 321.003, to a state agency for use and administration.
κ1993 Statutes of Nevada, Page 1459 (CHAPTER 459, AB 430)κ
Sec. 26. The proceeds of any fee charged pursuant to sections 21 to 24, inclusive, of this act must be accounted for by the state land registrar and:
1. If the fee is for any authorization to use land granted to the state by the Federal Government for educational purposes, the proceeds must be paid into the state treasury for credit to the state permanent school fund.
2. If the fee is for any authorization to use any other state land, the proceeds must be:
(a) Paid into the state treasury for credit to a separate account in the state general fund; and
(b) Expended to carry out the powers and duties of the state land registrar and the division of state lands to the state department of conservation and natural resources.
Sec. 27. The state land registrar shall adopt such regulations as are necessary to carry out the provisions of sections 21 to 26, inclusive, of this act.
Sec. 28. NRS 322.005 is hereby amended to read as follows:
322.005 [As used in this chapter, geothermal] Geothermal resource means the natural heat of the earth and the energy associated with that natural heat, pressure and all dissolved or entrained minerals that may be obtained from the medium used to transfer that heat, but excluding hydrocarbons and helium.
Sec. 29. NRS 503.425 is hereby amended to read as follows:
503.425 1. Before a person may use any vacuum or suction dredge equipment in any river, stream or lake of this state, he must submit an application to the department. The application must be accompanied by a fee of $5 and must specify the type and size of equipment to be used and its location. If the department determines that the operations will not be deleterious to fish it shall issue a permit to the applicant.
2. A permit issued pursuant to subsection 1 does not authorize the recipient to use any equipment in any navigable body of water unless the recipient has obtained the appropriate permit for such a use from the state land registrar.
3. It is unlawful for any person to:
(a) Conduct dredging operations without securing a permit [;] pursuant to subsection 1;
(b) Operate any equipment other than that specified in the permit; or
(c) Conduct a dredging operation outside the area designated on the permit.
Sec. 30. NRS 533.370 is hereby amended to read as follows:
533.370 1. Except as otherwise provided in NRS 533.345, 533.371 and 533.372 and this section, the state engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:
(a) The application is accompanied by the prescribed fees; and
(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the districts efficiency in its delivery or use of water.
2. Except as otherwise provided in subsection 5, the state engineer shall either approve or reject each application within 1 year after the final date for filing protest. However:
κ1993 Statutes of Nevada, Page 1460 (CHAPTER 459, AB 430)κ
(a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and
(b) In areas where studies of water supplies are being made or where court actions are pending, the state engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.
3. Except as otherwise provided in subsection 5, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for. Where a previous application for a similar use of water within the same basin has been rejected on these grounds, the new application may be denied without publication.
4. The rejection or approval of an application must be endorsed on a copy of the original application, and a record made of the endorsement in the records of the state engineer. The copy of the application so endorsed must be returned to the applicant. [If] Except as otherwise provided in subsection 6, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as the rejection continues in force.
5. The provisions of subsections 1, 2 and 3 do not apply to an application for an environmental permit.
6. The provisions of subsection 4 do not authorize the recipient of an approved application to use any state land administered by the division of state lands of the state department of conservation and natural resources without the appropriate authorization for such a use from the state land registrar.
Sec. 31. Chapter 535 of NRS is hereby amended by adding thereto a new section to read as follows:
Nothing in this chapter authorizes a person to use any state land administered by the division of state lands of the state department of conservation and natural resources without the appropriate authorization for such a use from the state land registrar.
Sec. 32. Chapter 536 of NRS is hereby amended by adding thereto a new section to read as follows:
Nothing in this chapter authorizes a person to use any state land administered by the division of state lands of the state department of conservation and natural resources without the appropriate authorization for such a use from the state land registrar.
Sec. 33. The provisions of:
1. Sections 21, 23, 24 and 25 of this act apply to any permit issued by the state land registrar before July 1, 1993, which is effective on that date.
κ1993 Statutes of Nevada, Page 1461 (CHAPTER 459, AB 430)κ
2. Section 22 of this act does not apply to any application filed with the state land registrar before July 1, 1993.
Sec. 34. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 361 — Committee on Judiciary
CHAPTER 460
AN ACT relating to marriage; expanding the circumstances under which a licensed or ordained minister whose congregation is in another state may be authorized to perform a limited number of marriages in this state; authorizing under certain circumstances a municipal judge to perform a limited number of marriages in this state and a justice of the peace to perform a limited number of marriages in a commissioner township; prohibiting a justice of the peace or a municipal judge from accepting any fee or anything of value for performing such marriages; providing a penalty; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 122.050 is hereby amended to read as follows:
122.050 The marriage license must be substantially in the following form:
Marriage License
(Expires 1 year after issuance)
State of Nevada }
} SS.
County of............................................. }
These presents are to authorize any minister who has obtained a certificate of permission, any supreme court justice or district judge within this state, or justice of the peace within a township wherein he is permitted to solemnize marriages [,] or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Fathers name ........ Fathers state of birth (If not in U.S.A., name of country) ........ Mothers maiden name ........ Mothers state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Fathers name ........ Fathers state of birth (If not in U.S.A., name of country) ........ Mothers maiden name ........ Mothers state of birth (If not in U.S.A., name of country) ........
κ1993 Statutes of Nevada, Page 1462 (CHAPTER 460, AB 361)κ
in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ...... Husband deceased ........ Divorced ........ Annulled ........ When ........ Where .........; and to certify the marriage according to law.
Witness my hand and the seal of the county, this ..... day of ........ A.D. 19...
.................................................................
(Seal) Clerk
.................................................................
Deputy clerk
Sec. 2. NRS 122.062 is hereby amended to read as follows:
122.062 1. Any licensed or ordained minister in good standing within his denomination, whose denomination, governing body and church, or any of them, are incorporated or organized or established in the State of Nevada, may join together as husband and wife persons who present a marriage license obtained from any county clerk of the state, if such minister first obtains a certificate of permission to perform marriages as provided in [NRS 122.062] this section and NRS 122.064 to 122.073, inclusive. The fact that a minister is retired [shall] does not disqualify him from obtaining a certificate of permission to perform marriages if, [prior to such] before his retirement, he had active charge of a congregation within this state for a period of at least 3 years.
2. A temporary replacement for a licensed or ordained minister certified pursuant to [NRS 122.062] this section and NRS 122.064 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 during such time as he may be authorized to do so by the county clerk in the county in which he is a temporary replacement, for a period not to exceed 90 days. The minister whom he temporarily replaces shall provide him with a written authorization which [shall state] states the period [of time] during which it is effective.
3. Any chaplain who is assigned to duty in this state by the Armed Forces of the United States may solemnize marriages, if he obtains a certificate of permission to perform marriages from the county clerk of the county in which his duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof by him of his military status as a chaplain and of his assignment.
4. A county clerk may authorize a licensed or ordained minister whose congregation is in another state to perform [one or more] marriages in the county, if the county clerk satisfies himself that [:
(a) The] the minister is in good standing with his denomination or church . [; and
(b) There is a relationship of consanguinity within the fourth degree between the minister and a member of each couple whose marriage he is to solemnize.] The authorization [shall] must be in writing and [shall limit the number of marriages to be performed, but] need not be filed with any other public officer. A separate authorization is required for each marriage performed. Such a minister may perform not more than five marriages in this state in any calendar year.
κ1993 Statutes of Nevada, Page 1463 (CHAPTER 460, AB 361)κ
Sec. 3. NRS 122.080 is hereby amended to read as follows:
122.080 1. After receipt of the marriage license previously issued to persons wishing to be married as provided in NRS 122.040 and 122.050, it [shall be] is lawful for any justice of the supreme court, [or for] any judge of the district court, [or] any justice of the peace in his township if it is not a commissioner township, [or] any justice of the peace in a commissioner township if authorized pursuant to subsection 3, any municipal judge if authorized pursuant to subsection 4, any commissioner of civil marriages within his county and within a commissioner township therein, or any deputy commissioner of civil marriages within the county of his appointment and within a commissioner township therein, to join together as husband and wife all persons not prohibited by this chapter.
2. [Nothing in this section shall be construed to] This section does not prohibit:
(a) A justice of the peace of one township, while acting in the place and stead of the justice of the peace of any other township, from performing marriage ceremonies within the other township, if such other township is not a commissioner township.
(b) A justice of the peace of one township performing marriages in another township of the same county where there is no duly qualified and acting justice of the peace, if such other township is not a commissioner township [.
3. Any justice of the peace in the state who solemnizes marriages or performs marriage ceremonies in a commissioner township is guilty of a misdemeanor.] or if he is authorized to perform the marriage pursuant to subsection 3.
3. In any calendar year, a justice of the peace may perform not more than 20 marriage ceremonies in commissioner townships if he does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage.
4. In any calendar year, a municipal judge may perform not more than 20 marriage ceremonies in this state if he does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage.
5. Any justice of the peace who performs a marriage ceremony in a commissioner township or any municipal judge who performs a marriage ceremony in this state and who accepts any fee, gratuity, gift honorarium or anything of value for or in connection with solemnizing the marriage is guilty of a misdemeanor.
Sec. 4. NRS 122.220 is hereby amended to read as follows:
122.220 1. It [shall be] is unlawful for any supreme court justice, judge of a district court, [or] justice of the peace, [or] municipal judge, minister of any religious society or congregation, commissioner of civil marriages or deputy commissioner of civil marriages to join together as husband and wife persons allowed by law to be joined in marriage, until the persons proposing such marriage [shall] exhibit to him a license from the county clerk as provided by law.
2. Any supreme court justice, judge of a district court, [or] justice of the peace, [or minister, or] municipal judge, minister, commissioner of civil marriages or deputy commissioner of civil marriages [violating] who violates the provisions of subsection 1 [shall be] is guilty of a misdemeanor.
κ1993 Statutes of Nevada, Page 1464 (CHAPTER 460, AB 361)κ
marriages or deputy commissioner of civil marriages [violating] who violates the provisions of subsection 1 [shall be] is guilty of a misdemeanor.
Sec. 5. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as otherwise provided in [subsection 2,] this section 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 $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
(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 35.00
(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................. 40.00
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.
κ1993 Statutes of Nevada, Page 1465 (CHAPTER 460, AB 361)κ
3. A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.
4. 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 for the fees he may retain as compensation and the fees he [must] is required to pay to the state treasurer pursuant to subsection [4.
4.] 5.
5. The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.
Sec. 6. This act becomes effective on January 1, 1994.
________
Assembly Bill No. 333 — Committee on Commerce
CHAPTER 461
AN ACT relating to banking; revising the restriction on the appointment of certain corporations organized in other states to act as fiduciaries in this state; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 662.245 is hereby amended to read as follows:
662.245 1. Except as otherwise specifically provided by statute, [a] no banking or other corporation [, unless it is organized under the laws of and has its principal place of business in this state, or is a national banking association which has its principal place of business located within this state, and any] , and no officer, employee or agent of such a corporation , acting in its behalf, [shall not] may be appointed [after July 1, 1971,] to act as [executor, commissioner, guardian of minors or estates, receiver, depositary or trustee under appointment of] fiduciary by any court or by authority of any law of this state unless [it associates] , in addition to any other requirements of law, the banking or other corporation:
(a) Is organized under the laws of and has its principal place of business in this state;
(b) Is a national banking association which has its principal place of business in this state;
(c) Associates as cofiduciary a banking corporation whose principal place of business is in this state [.] ; or
(d) Is a national bank, banking corporation, trust corporation or trust company which:
κ1993 Statutes of Nevada, Page 1466 (CHAPTER 461, AB 333)κ
(1) Is organized under the laws of and has its principal place of business in another state which allows banking corporations, trust corporations or trust companies organized under the laws of this state to act as fiduciary;
(2) Is authorized by its charter to act as fiduciary; and
(3) Before the appointment as fiduciary, files with the secretary of state a document, acknowledged before a person authorized to take acknowledgments of deeds, which:
(I) Appoints the secretary of state as its attorney upon whom all process in any action or proceeding against it may be served; and
(II) Contains its agreement that the appointment continues in force as long as any liability remains outstanding against it in this state, and that any process against it which is served on the secretary of state is of the same legal validity as if served on it personally.
A copy of the document required by this subparagraph, certified by the secretary of state, is sufficient evidence of the appointment and agreement.
2. A court with jurisdiction over the accounts of a fiduciary that is a national bank, banking corporation, trust corporation or trust company described in paragraph (d) of subsection 1, may require such a fiduciary to provide a bond to ensure the performance of its duties as fiduciary, in the same manner and to the same extent as the court may require such a bond from a fiduciary that is a banking or other corporation described in paragraph (a) or (b) of subsection 1.
3. As used in this section:
(a) Fiduciary means an executor, commissioner, guardian of minors or estates, receiver, depositary or trustee.
(b) State means any state or territory of the United States, or the District of Columbia.
Sec. 2. NRS 268.568 is hereby amended to read as follows:
268.568 1. NRS 268.512 to 268.568, inclusive, without reference to other statutes of the state, constitute full authority for the exercise of powers granted in those sections, including, but not limited, to the authorization and issuance of bonds.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 268.512 to 268.568, inclusive, to be done, including, without limitation, the charter of any city, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections.
3. The provisions of no other law, either general or local, except as provided in NRS 268.512 to 268.568, inclusive, apply to the doing of the things authorized in NRS 268.512 to 268.568, inclusive, to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.
4. No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 268.512 to 268.568, inclusive, except as provided in those sections.
κ1993 Statutes of Nevada, Page 1467 (CHAPTER 461, AB 333)κ
making of any contract or lease, or the exercise of any other power under NRS 268.512 to 268.568, inclusive, except as provided in those sections.
5. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the cities is not applicable to any action taken pursuant to NRS 268.512 to 268.568, inclusive, except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the city for work to be done in a project.
6. Notwithstanding the provisions of NRS 662.245 or any other specific statute to the contrary, any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 268.512 to 268.568, inclusive, without [the necessity of associating with any other person or entity as cofiduciary, except that such association is not prohibited.] meeting the qualifications set forth in NRS 662.245.
7. The powers conferred by NRS 268.512 to 268.568, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.
8. No part of NRS 268.512 to 268.568, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.
________
Assembly Bill No. 320 — Assemblyman Haller
CHAPTER 462
AN ACT relating to the City of Reno; requiring that candidates for councilmen who represent a specific ward be voted upon only by the registered voters of that ward at the primary election; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 65, Statutes of Nevada 1981, at page 160, is hereby amended to read as follows:
Sec. 2.010 1. The legislative power of the city is vested in a city council consisting of six councilmen and a mayor.
κ1993 Statutes of Nevada, Page 1468 (CHAPTER 462, AB 320)κ
2. The mayor and councilmen must be:
(a) Bona fide residents of the wards they represent, or if representing the city at large, of the city, for at least 6 months immediately preceding their election, and each councilman elected from a ward must continue to live in that ward for as long as he represents the ward.
(b) Qualified electors within the city.
[The mayor and all councilmen must be voted upon by all registered voters of the city.]
3. The mayor and one councilman represent the city at large and one councilman represents each ward. The mayor and councilmen serve for terms of 4 years.
4. The mayor and councilmen are entitled to receive a salary in an amount fixed by the city council.
Sec. 2. Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1977, is hereby amended to read as follows:
Sec. 5.020 Primary elections; declaration of candidacy.
1. Except as otherwise provided in this subsection, a candidate for any office to be voted for at an election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the primary election. A candidate for any office to be voted for at an election held after June 1995 shall file an affidavit of candidacy with the city clerk not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m. on the second Tuesday in May. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $25 for filing an affidavit of candidacy. All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.
2. If for any general municipal election held before July 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the Tuesday following the first Monday in May preceding the general election. If for any general municipal election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary municipal election but must be placed on the ballot for the general election.
3. If for any general election held after June 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.
4. In the primary election [, the] :
(a) The names of the two candidates for municipal judge, city attorney, or a particular city council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.
κ1993 Statutes of Nevada, Page 1469 (CHAPTER 462, AB 320)κ
(b) Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.
(c) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.
5. The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.
________
Assembly Bill No. 161 — Committee on Commerce
CHAPTER 463
AN ACT relating to mobile home parks; prohibiting, under certain circumstances, the disclosure of information obtained pursuant to an investigation of a complaint alleging a violation of the provisions governing mobile home parks; prohibiting a city or county from requiring a mobile home lot that is individually owned to be larger than a mobile home lot that is leased to a tenant; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 118B.026 is hereby amended to read as follows:
118B.026 1. The administrator may, upon receiving a complaint alleging a violation of this chapter or any regulation adopted pursuant thereto, investigate the alleged violation. The administrator or his representative shall, upon request, furnish identification during an investigation. Any information obtained by the administrator or his representative in the investigation of a complaint, including the name of the complainant, is confidential and must not be disclosed unless so ordered by the administrator or a court of competent jurisdiction.
2. If the administrator finds a violation of the provisions of this chapter or of any regulation adopted pursuant thereto, he may issue a notice of violation to the person who he alleges has violated the provision. The notice of violation must set forth the violation which the administrator alleges with particularity and specify the corrective action which is to be taken and the time within which the action must be taken.
3. If the person to whom a notice of violation is directed fails to take the corrective action required, the administrator may:
(a) Extend the time for corrective action;
(b) Request the district attorney of the county in which the violation is alleged to have occurred to prepare a complaint and procure the issuance of a summons to the person for the violation; or
(c) Apply to the district court for the judicial district in which the violation is alleged to have occurred for an injunction and any other relief which the court may grant to compel compliance. In an action brought pursuant to this section, the court may award costs and reasonable attorneys fees to the prevailing party.
κ1993 Statutes of Nevada, Page 1470 (CHAPTER 463, AB 161)κ
The administrator may, in addition to or in lieu of any action authorized by paragraph (a), (b) or (c), impose a fine pursuant to NRS 118B.251.
4. Any person who violates a provision of this chapter, or a regulation adopted pursuant thereto, shall pay for the cost incurred by the division in enforcing the provision.
Sec. 2. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of a city or county may not require the minimum size of a mobile home lot that is individually owned to be larger than the minimum size of a mobile home lot that is leased to a tenant.
________
Assembly Bill No. 153 — Assemblymen Giunchigliani, Price, Gibbons, Myrna Williams, Toomin, Scherer, Chowning, Segerblom, Bache, Bennett, Anderson, Haller, Evans, Kenny, Hettrick, Gregory, Neighbors, Carpenter, Arberry, Heller, Augustine, Regan, Collins, McGaughey, Spitler, Tiffany, Humke, Schneider, Sader, Smith, Petrak, de Braga, Freeman, Lambert, Garner, Marvel, Perkins, Porter, Wendell Williams and Dini
CHAPTER 464
AN ACT relating to the coordination of governmental functions; directing state and local agencies which collect fees, taxes or information to coordinate their collection; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 277 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The agencies of this state, and the local governments within this state, that collect taxes or fees from persons engaged in business, or require such persons to provide related information and forms, shall coordinate their collection of information and forms so that each enterprise is required to furnish information in as few separate reports as possible. This section applies specifically, but is not limited, to the department of taxation, the employment security department, the state department of conservation and natural resources, the state industrial insurance system, and the counties and cities that require a business license.
2. On or before October 1 of each year, the executive director of the department of taxation shall convene the heads, or persons designated by the respective heads, of the state agencies named in subsection 1 and the appropriate officers of the cities and counties that require a business license. The secretary of state, a representative of the Nevada Association of Counties and a representative of the Nevada League of Cities must be invited to attend the meeting. If he knows, or is made aware by persuasive information furnished by any enterprise required to pay a tax or fee or to provide information, that any other state or local agency need to participate to accomplish the purpose set forth in subsection 1, he shall also invite the head of that agency or the appropriate officer of the local government, and the person so invited shall attend.
κ1993 Statutes of Nevada, Page 1471 (CHAPTER 464, AB 153)κ
any other state or local agency need to participate to accomplish the purpose set forth in subsection 1, he shall also invite the head of that agency or the appropriate officer of the local government, and the person so invited shall attend. The director of the department of data processing shall assist in effecting the consolidation of the information and the creation of the forms.
3. The persons so assembled shall design and modify, as appropriate, the necessary joint forms for use during the ensuing fiscal year to accomplish the purpose set forth in subsection 1. If any dispute cannot be resolved by the participants, it must be referred to the Nevada tax commission for a decision that is binding on all parties.
Sec. 2. Notwithstanding the provisions of section 1 of this act:
1. On or before September 15, 1993, the executive director of the department of taxation shall form the committee of persons who will initially carry out the requirements of section 1 of this act. On or before October 15, 1993, he shall form such subcommittees of the participants as are necessary to:
(a) List and report the various taxes, fees and related forms which businesses are required to submit to state and local governments. For each such listed entry, the report must identify the respective statutory authority for the requirement and the related reporting periods.
(b) Identify all overlapping or duplicate forms by which information related to the collection of taxes and fees is currently required to be reported.
(c) Identify any required auditing of the information.
(d) Create sample forms for consideration by the full committee which consolidate the manner in which information related to the collection of taxes and fees is reported.
(e) Develop, to the extent possible, a list of the taxes and fees required of businesses by the Federal Government.
2. On or before April 1, 1994, the subcommittees shall report their respective findings to the full committee. From that information, the committee shall develop an initial application form to be used on and after July 1, 1994, by the department of taxation, the employment security department, the state industrial insurance system, the state department of conservation and natural resources and any other state agency which requires a business to register with or otherwise identify itself to the agency. The form or any modification thereof may be adopted for similar use by local governmental entities.
3. The committee shall develop an interagency and intergovernmental procedure for the distribution and use of the consolidated application form and the information contained therein.
4. On or before September 1, 1994, the committee shall:
(a) Identify specific forms and other reports of information related to the collection of taxes and fees which are required of businesses by specific state agencies to facilitate the receipt of information after the initial application form is submitted.
(b) Develop forms for the consolidated reporting of such information. The forms must be prepared and read for use on October 1, 1994.
(c) Identify any statutory or regulatory changes necessary to allow better consolidation in reporting and auditing.
(d) Develop a simplified document which contains information summarizing all taxes and fees related to doing business in this state and includes the addresses and telephone numbers of pertinent state and local governmental agencies.
κ1993 Statutes of Nevada, Page 1472 (CHAPTER 464, AB 153)κ
addresses and telephone numbers of pertinent state and local governmental agencies.
5. On or before March 31, 1994, and quarterly thereafter through December 31, 1994, the executive director of the department of taxation shall submit to the director of the legislative counsel bureau for transmittal to the legislative commission a quarterly report of the committees progress and compliance with the requirements of this act. The executive director shall, not later than February 15, 1995, submit a final report on the committees work to the director of the legislative counsel bureau for transmittal to the standing committees on government affairs of the 68th session of the Nevada Legislature. The final report must contain a report of the information compiled pursuant to subsections 1 and 4.
Sec. 3. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 152 — Assemblymen Giunchigliani, Price, Gibbons, Myrna Williams, Toomin, Chowning, Bennett, Bache, Segerblom, Anderson, Haller, Evans, Kenny, Gregory, Ernaut, Neighbors, Carpenter, Arberry, Regan, Spitler, Scherer, Schneider, Sader, Smith, Petrak, de Braga, Freeman, Lambert, Garner, Marvel, Perkins, Porter, Wendell Williams, Tiffany and Dini
CHAPTER 465
AN ACT relating to public improvements; authorizing counties and cities to finance projects on behalf of corporations for public benefit and projects for affordable housing through the issuance of certain revenue bonds; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.
Sec. 2. Affordable housing means multifamily housing for families of low or moderate income that is eligible for tax-exempt financing under section 142 of the Internal Revenue Code of 1986, in effect on July 1, 1993, future amendments to that section and the corresponding provisions of future internal revenue laws.
Sec. 3. Corporation for public benefit means a corporation that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code of 1986 in effect on July 1, 1993, future amendments to that section and the corresponding provisions of future internal revenue laws.
Sec. 3.5 The governing body of a county may approve the issuance of bonds for a project for affordable housing or for any form of residential housing for the purposes of a corporation for public benefit only if:
1. The amount of the bonds to be issued is less than $15,000,000;
κ1993 Statutes of Nevada, Page 1473 (CHAPTER 465, AB 152)κ
2. An independent consultant hired by the governing body has reported favorably on the financial feasibility of the project;
3. The bonds will be sold to not more than 10 investors, each of whom certifies that he:
(a) Has a net worth of $500,000 or more; and
(b) Is purchasing the bonds for investment and not for resale; and
4. The issuance of the bonds is approved by the state board of finance, unless the amount of the bonds to be issued is $5,000,000 or less.
Sec. 4. NRS 244A.671 is hereby amended to read as follows:
244A.671 As used in NRS 244A.669 to 244A.763, inclusive, and sections 2 and 3 of this act, unless a different meaning clearly appears from the context, the words and terms defined in NRS 244A.673 to 244A.693, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 244A.689 is hereby amended to read as follows:
244A.689 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for [a] :
(a) A manufacturing, industrial or warehousing enterprise [or an] ;
(b) An organization for research and development [, a] ;
(c) A health and care facility [or a] ;
(d) A supplemental facility for a health and care facility [,] ;
(e) The purposes of a corporation for public benefit; or
(f) Affordable housing.
2. The refinancing of any land, building or other improvement and any real and personal property necessary for [a] :
(a) A health and care facility [or a] ;
(b) A supplemental facility for a health and care facility [,] ;
(c) The purposes of a corporation for public benefit; or
(d) Affordable housing.
3. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any natural person, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
(b) In connection with the furnishing of water if available on reasonable demand to members of the general public.
(c) In connection with the furnishing of energy or gas.
4. Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.
5. Any undertaking by a public utility, in addition to that allowed by subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
κ1993 Statutes of Nevada, Page 1474 (CHAPTER 465, AB 152)κ
6. In addition to the kinds of property described in subsections 2 and 3, if the project is for the generation and transmission of electricity, any other property necessary or useful for that purpose, including without limitation any leases and any rights to take water or fuel.
7. The preservation of any historic structure or its restoration for its original or another use, if the plan has been approved by the division of historic preservation and archeology of the state department of conservation and natural resources.
Sec. 6. NRS 244A.695 is hereby amended to read as follows:
244A.695 It is the intent of the legislature to authorize counties to finance, acquire, own, lease, improve and dispose of properties to:
1. Promote industry and employment and develop trade by inducing manufacturing, industrial and warehousing enterprises and organizations for research and development to locate in, remain or expand in this state to further prosperity throughout the state and to further the use of the agricultural products and the natural resources of this state.
2. Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.
3. Protect the health, safety and welfare of the public and promote private industry, commerce and employment in this state by:
(a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which would cause pollution; and
(b) Furnishing energy, including electricity to the public, if available on reasonable demand, and providing facilities to transmit electricity for sale outside the state.
4. Promote the health of residents of the county by enabling a private enterprise to acquire, develop, expand and maintain health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality to those residents at reasonable rates.
5. Promote the educational, cultural, economic and general welfare of the public by financing the preservation of historic structures in the county, or their restoration for the original or another use, in order to preserve structures of historic interest.
6. Promote the social welfare of the residents of the county by enabling corporations for public benefit to acquire, develop, expand and maintain facilities that provide services for those residents.
7. Promote the social welfare of the residents of the county by financing the acquisition, development, construction, improvement, expansion and maintenance of affordable housing in the county.
Sec. 7. NRS 244A.698 is hereby amended to read as follows:
244A.698 A county may not, under NRS 244A.669 to 244A.763, inclusive:
1. Operate any manufacturing, industrial or warehousing enterprise or an organization for research and development to which it provided assistance; or
2. Assist any manufacturing, industrial or warehousing enterprise or organization for research and development to locate in the county, except for [health] :
(a) Health and care facilities [and supplemental] ;
(b) Supplemental facilities for health and care facilities [,] ;
κ1993 Statutes of Nevada, Page 1475 (CHAPTER 465, AB 152)κ
(c) Facilities established by corporations for public benefit; and
(d) Affordable housing.
which would compete substantially with an enterprise or organization already established in that county for substantially the same intrastate markets.
Sec. 8. NRS 244A.711 is hereby amended to read as follows:
244A.711 1. Except as otherwise provided in NRS 244A.703, after holding the required public hearing, the board of county commissioners shall proceed no further unless or until it:
(a) Except as otherwise provided in subsection 2, determines by resolution the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;
(b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;
(c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing, or then has in effect, a rating within one of the top four rating categories of either Moodys Investor Service, Inc. or Standard and Poors Corporation, except that a municipal or other public supplier of electricity in this state, a public utility regulated by the public service commission of Nevada, the obligor with respect to a project described in section 3.5 of this act, the owner of a historic structure, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;
(d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and
(e) If the project is for the generation and transmission of electricity, determines by resolution that the project will serve one or more of the purposes set forth in NRS 244A.695 and specifies in the resolution its findings supporting that determination.
2. If the project is for the generation and transmission of electricity, the board may estimate the total amount of money necessary for its completion, and the total amount of money which may be provided by the county in connection with the project may exceed the estimate, without the requirement for any further public hearings to be held in connection therewith, to the extent that the excess is required to complete the project or to finance any improvements to or replacements in the project and the county has previously determined to finance the remaining costs of acquiring, improving and equipping the project.
3. The board may refuse to adopt such a resolution with respect to any project even if all the criteria of subsection 1 are satisfied. If the board desires to adopt such a resolution with respect to any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting this approval, the board of county commissioners shall transmit to the state board of finance all evidence received pursuant to subsection 1.
κ1993 Statutes of Nevada, Page 1476 (CHAPTER 465, AB 152)κ
4. If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligor or his designee, the board shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by the county will be expended solely for the purposes of the project.
Sec. 9. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 10, 11 and 11.5 of this act.
Sec. 10. Affordable housing means multifamily housing for families of low or moderate income that is eligible for tax-exempt financing under section 142 of the Internal Revenue Code of 1986, in effect on July 1, 1993, future amendments to that section and the corresponding provisions of future internal revenue laws.
Sec. 11. Corporation for public benefit means a corporation that is recognized as exempt under section 501 (c)(3) of the Internal Revenue Code of 1986 in effect on July 1, 1993, future amendments to that section and the corresponding provisions of future internal revenue laws.
Sec. 11.5. The governing body of a city may approve the issuance of bonds for a project for affordable housing or for any form of residential housing for the purposes of a corporation for public benefit only if:
1. The amount of the bonds to be issued is less than $15,000,000;
2. An independent consultant hired by the governing body has reported favorably on the financial feasibility of the project;
3. The bonds will be sold to not more than 10 investors, each of whom certifies that he:
(a) Has a net worth of $500,000 or more; and
(b) Is purchasing the bonds for investment and not for resale; and
4. The issuance of the bonds is approved by the state board of finance, unless the amount of the bonds to be issued is $5,000,000 or less.
Sec. 12. NRS 268.514 is hereby amended to read as follows:
268.514 As used in NRS 268.512 to 268.568, inclusive, and sections 10 and 11 of this act, unless a different meaning clearly appears from the context, the words and terms defined in NRS 268.516 to 268.523, inclusive, and sections 10 and 11 of this act, have the meanings ascribed to them in those sections.
Sec. 13. NRS 268.522 is hereby amended to read as follows:
268.522 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for [a] :
(a) A manufacturing, industrial, warehousing or other commercial enterprise [or an] ;
(b) An organization for research and development [, a] ;
(c) A health and care facility [or a] ;
(d) A supplemental facility for a health and care facility, including those located in a redevelopment area created under the provisions of NRS 279.382 to 279.680, inclusive [.] ;
(e) The purposes of a corporation for public benefit; or
(f) Affordable housing.
κ1993 Statutes of Nevada, Page 1477 (CHAPTER 465, AB 152)κ
2. The refinancing of any land, building or other improvement and any real and personal property necessary for [a health] :
(a) A health and care facility [or a] ;
(b) A supplemental facility for a health and care facility [.] ;
(c) The purposes of a corporation for public benefit; or
(d) Affordable housing.
3. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any person, trust, estate, political subdivision, agency of the state or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when that material is used.
(b) In connection with the furnishing of water if available on reasonable demand to members of the general public.
(c) In connection with the furnishing of energy or gas.
4. Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.
5. Any undertaking by a public utility, in addition to that allowed by subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
Sec. 14. NRS 268.524 is hereby amended to read as follows:
268.524 It is the intent of the legislature to authorize cities to finance, acquire, own, lease, improve and dispose of properties to:
1. Promote industry and employment and develop trade by inducing manufacturing, industrial, warehousing and other commercial enterprises and organizations for research and development to locate in, remain or expand in this state to further prosperity throughout the state and to further the use of the agricultural products and the natural resources of this state.
2. Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.
3. Protect the health, safety and welfare of the public and promote private industry, commerce and employment in this state by:
(a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which would cause pollution; and
(b) Furnishing energy, including electricity to the public, if available on reasonable demand, and providing facilities to transmit electricity for sale outside the state.
4. Promote the health of residents of the city by enabling a private enterprise to acquire, develop, expand and maintain health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality to those residents at reasonable rates.
5. Promote the social welfare of the residents of the city by enabling corporations for public benefit to acquire, develop, expand and maintain facilities that provide services for those residents.
κ1993 Statutes of Nevada, Page 1478 (CHAPTER 465, AB 152)κ
6. Promote the social welfare of the residents of the city by financing the acquisition, development, construction, improvement, expansion and maintenance of affordable housing in the city.
Sec. 15. NRS 268.527 is hereby amended to read as follows:
268.527 A city may not, under NRS 268.512 to 268.568, inclusive:
1. Operate any manufacturing, industrial, warehousing or other commercial enterprise or any organization for research and development to which it provided assistance; or
2. Assist any manufacturing, industrial, warehousing or other commercial enterprise or any organization for research and development to locate within the city or within 10 miles of the city which would compete substantially with an enterprise or organization already established in the city or the county in which the city is located. The provisions of this subsection do not apply to [health] :
(a) Health and care facilities [, supplemental] ;
(b) Supplemental facilities for health and care [and enterprises] ;
(c) Enterprises located in a redevelopment area created under the provisions of NRS 279.382 to 279.680, inclusive [.] ;
(d) Facilities established by corporations for public benefit; and
(e) Affordable housing.
Sec. 16. NRS 268.530 is hereby amended to read as follows:
268.530 1. After holding a public hearing as provided in NRS 268.528, the governing body shall proceed no further until it:
(a) Determines by resolution the total amount of money necessary to be provided by the city for the acquisition, improvement and equipment of the project;
(b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;
(c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing a rating within one of the top four rating categories of either Moodys Investor Service, Inc., or Standard and Poors Corporation, except that a public utility regulated by the public service commission of Nevada, the obligor with respect to a project described in sections 11.5 of this act, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;
(d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and
(e) Finds by resolution that the project:
(1) Will provide a public benefit;
(2) Would be compatible with existing facilities in the area adjacent to the location of the project;
(3) Will encourage the creation of jobs for the residents of this state;
(4) Is compatible with the general plan of the city adopted pursuant to chapter 278 of NRS; and
κ1993 Statutes of Nevada, Page 1479 (CHAPTER 465, AB 152)κ
(5) If not exempt from the provisions of subsection 2 of NRS 268.527, will not compete substantially with an enterprise or organization already established in the city or the county within which the city is located.
2. The governing body may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the governing body desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting the approval, the governing body shall transmit to the state board of finance al evidence received pursuant to subsection 1.
3. If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligator or his designee, the governing body shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by the city will be expended solely for the purpose of the project.
Sec. 17. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 782 — Committee on Ways and Means
CHAPTER 466
AN ACT relating to state government; providing for the reorganization of the executive department of state government; and providing other matters properly relating thereto.
[Approved July 9, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 225.070 is hereby amended to read as follows:
225.070 1. The secretary of state has custody of and shall carefully preserve in the division of [archives and records of the] state library and archives of the department of museums, library and arts or in his office:
(a) All deeds and conveyances belonging to the state.
(b) All written contracts to which the state is a party, except those required to be deposited elsewhere.
2. The deeds and conveyances must be recorded in well-bound books, and the original papers must not be permitted to be taken out of the office unless in the possession of the secretary of state or his deputy.
Sec. 2. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 11, inclusive, of this act.
Sec. 3. 1. The advisory board on natural resources, consisting of seven members appointed by the governor, is hereby created in the department.
2. The governor shall appoint to the board:
(a) One member who is a representative of the interests of users of the state park system;
(b) One member who is an active participant in outdoor recreational activities;
(c) One member who is a representative of the agricultural industry;
κ1993 Statutes of Nevada, Page 1480 (CHAPTER 466, AB 782)κ
(d) One member who is a representative of the mining industry;
(e) One member who is a representative of forestry or fire control services;
(f) One member who is a representative of conservation interests; and
(g) One member who is a representative of the general public.
3. The board may meet four times annually and at other times upon the call of the chairman.
4. The members of the board are entitled to receive a salary of $60 for each days attendance at a meeting of the board, and the per diem allowance and travel expenses provided for state employees generally while engaged in the business of the board.
5. The board shall elect a chairman and a vice chairman from among its members.
6. The board shall advise the director on:
(a) Matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection;
(b) Matters relating to the park and recreational policy of the state;
(c) The use of land within this state which is under the jurisdiction of the Federal Government;
(d) The effect of state and federal agencies programs and regulations on the users of land under the jurisdiction of the Federal Government, and on the problems of those users of land; and
(e) The preservation, protection and use of the states natural resources.
Sec. 4. As used in sections 4 to 10 inclusive, of this act, unless the context otherwise requires:
1. Department means the department of employment, training and rehabilitation.
2. Director means the director of the department.
Sec. 5. 1. The department of employment, training and rehabilitation is hereby created. The purpose of the department is to plan, coordinate and carry out various services and activities designed to achieve and support employment and economic independence for disadvantaged, displaced and disabled residents of this state.
2. The department consists of a director and the following divisions:
(a) Employment security division;
(b) Rehabilitation division; and
(c) Such other divisions as the director may establish.
3. The Nevada equal rights commission, the board for the education and counseling of displaced homemakers and the commission on substance abuse, education, enforcement and treatment are within the department.
Sec. 6. The director:
1. Shall:
(a) Organize the department into divisions and other operating units as needed to achieve the purposes of the department; and
(b) Upon request, provide the director of the department of administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.
2. Is responsible for the administration, through the divisions of the department, of the provisions of chapters 426, 426A, 458, 612 and 615 of NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as specifically provided by law.
κ1993 Statutes of Nevada, Page 1481 (CHAPTER 466, AB 782)κ
NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as specifically provided by law.
3. Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division which he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This paragraph does not apply if any federal regulation exists which prohibits a consolidated plan.
4. In developing and revising state plans pursuant to subsection 3, shall consider, among other things, the amount of money available from the Federal Government for the programs of the division and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for the programs.
5. May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the department.
Sec. 7. The director:
1. Is appointed by, is responsible to, and serves at the pleasure of the governor.
2. Is in the unclassified service of the state.
3. Shall not engage in any other gainful employment or occupation.
Sec. 8. The rehabilitation division of the department consists of the following bureaus:
1. Bureau of services to the blind.
2. Bureau of alcohol and drug abuse.
3. Bureau of vocational rehabilitation.
Sec. 9. 1. The director shall appoint a head of each bureau in the division, to be known as the chief of his respective bureau.
2. The chief of each bureau:
(a) Is in the unclassified service of the state unless federal law or regulation requires otherwise.
(b) Shall administer the provisions of law relating to his bureau, subject to the administrative supervision of the director.
(c) Is directly responsible to the director.
3. Subject to the approval of the director, the chief of each bureau may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.
Sec. 10. 1. Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money or other property which the rehabilitation division of the department is authorized to accept must be accounted for in the department of employment, training and rehabilitations gift fund, which is hereby created as a trust fund. The fund is a continuing fund without reversion. The department may establish such accounts in the fund as are necessary to account properly for gifts received. All money received by the division must be deposited in the state treasury for credit to the fund. The money in the fund must be paid out on claims as other claims against the state are paid. Unless otherwise specifically provided by statute, claims against the fund must be approved by the director or his delegate.
κ1993 Statutes of Nevada, Page 1482 (CHAPTER 466, AB 782)κ
2. Gifts of property other than money may be sold or exchanged when it is deemed by the director to be in the best interest of the rehabilitation division. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the director. All money received from the sale must be deposited in the state treasury to the credit of the fund. The money may be spent only for the purposes of the division. The property may not be sold or exchanged if to do so would violate the terms of the gift.
Sec. 11. The administrative services division shall:
1. Furnish fiscal and accounting services to the director and to each division of the department; and
2. Advise and assist the director and each division of the department in carrying out their functions and responsibilities.
Sec. 12. NRS 232.010 is hereby amended to read as follows:
232.010 As used in NRS 232.010 to [232.157, inclusive:] 232.150, inclusive, and section 3 of this act:
1. Department means the state department of conservation and natural resources.
2. Director means the director of the state department of conservation and natural resources.
Sec. 13. NRS 232.020 is hereby amended to read as follows:
232.020 There is hereby created the state department of conservation and natural resources, in which is vested the administration of the provisions of NRS 232.010 to [232.157, inclusive.] 232.150, inclusive, and section 3 of this act.
Sec. 14. NRS 232.090 is hereby amended to read as follows:
232.090 1. The department consists of the director and the following divisions:
(a) The division of water resources.
(b) The division of state lands.
(c) The division of forestry.
(d) The division of state parks.
(e) The division of conservation districts.
(f) The division of environmental protection.
(g) The division of water planning.
(h) The division of [historic preservation and archeology.] wildlife.
(i) Such other divisions as the director may from time to time establish.
2. The state environmental commission, the state conservation commission, the agency for nuclear projects and the board to review claims are within the department.
Sec. 15. NRS 232.138 is hereby amended to read as follows:
232.138 1. The division of [historic preservation and archeology] wildlife consists of the administrator [, the advisory board for historic preservation and archeology] and any other necessary personnel.
2. The administrator of the division [shall be] is appointed by and [be] responsible to the director . [and shall be in the unclassified service of the state.]
Sec. 16. NRS 232.140 is hereby amended to read as follows:
232.140 1. Money to carry out the provisions of NRS 232.010 to [232.157, inclusive,] 232.150, inclusive, and section 3 of this act, and to support the department and its various divisions and other units must be provided by direct legislative appropriation from the state general fund.
κ1993 Statutes of Nevada, Page 1483 (CHAPTER 466, AB 782)κ
support the department and its various divisions and other units must be provided by direct legislative appropriation from the state general fund.
2. All money so appropriated must be paid out on claims approved by the director in the same manner as other claims against the state are paid.
Sec. 17. NRS 232.200 is hereby amended to read as follows:
232.200 1. The chief of [each of the divisions] :
(a) The buildings and grounds division;
(b) The purchasing division;
(c) The state printing and micrographics division;
(d) The administrative services division; and
(e) If separately established, the motor pool division,
of the department serves at the pleasure of the director, but, except as otherwise provided in subsection 2, for all purposes except removal is in the classified service of the state.
2. The chief of the motor pool division if separately established is in the unclassified service of the state.
Sec. 18. NRS 232.211 is hereby amended to read as follows:
232.211 1. The department of [general services] administrations operating fund for general services is hereby created as an internal service fund.
2. The operating budget of [each division] the state public works board and:
(a) The budget division;
(b) The buildings and grounds division;
(c) The purchasing division;
(d) The state printing and micrographics division; and
(e) If separately established, the motor pool division,
of the department [of general services] must include an amount representing that divisions or boards share of the operating costs of the [directors office and the] central accounting function of the department. [This amount must be transferred to the operating fund from the appropriation made to that division from the state general fund.]
3. All money received [by the directors office, including that received] for the central accounting services of the department [,] must be deposited in the state treasury for credit to the operating fund.
4. All expenses of the [directors office and the] central accounting function of the department must be paid from the fund as other claims against the state are paid.
Sec. 19. NRS 232.212 is hereby amended to read as follows:
232.212 As used in NRS 232.212 to 232.217, inclusive, 232.200 and 232.211, and section 11 of this act, unless the context requires otherwise:
1. Department means the department of administration.
2. Director means the director of [this] the department.
Sec. 20. NRS 232.213 is hereby amended to read as follows:
232.213 1. The department of administration is hereby created.
2. The department consists of a director and the following divisions:
(a) Budget division.
(b) Risk management division.
(c) Hearings division, which consists of hearing officers, compensation officers and appeals officers.
κ1993 Statutes of Nevada, Page 1484 (CHAPTER 466, AB 782)κ
(d) Building and grounds division.
(e) Purchasing division.
(f) State printing and micrographics division.
(g) Administrative services division.
3. The director may establish a motor pool division or may assign the functions of the state motor pool to one of the other divisions of the department.
Sec. 21. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the [risk] :
(a) Risk management division [.] ;
(b) Buildings and grounds division;
(c) Purchasing division;
(d) State printing and micrographics division;
(e) Administrative services division; and
(f) Motor pool division if separately established.
2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.
3. Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers, who are in the classified service of the state. The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.
4. Shall serve as chairman of the state public works board.
5. Is responsible for the administration, through the divisions of the department, of the provisions of [NRS 331.182 to 331.186, inclusive,] chapters 331, 333, 336 and 344 of NRS, NRS 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
6. Is responsible for the administration of the laws of this state relating to the negotiation and procurement of medical services and other benefits for state agencies.
7. Has such other powers and duties as are provided by law.
Sec. 22. NRS 232.217 is hereby amended to read as follows:
232.217 [The chief of the budget division] Unless federal law or regulation otherwise requires, the chief of the:
1. Budget division;
2. Buildings and grounds division;
3. Purchasing division;
4. State printing and micrographics division; and
5. Motor pool division if separately established,
may appoint a deputy and a chief assistant in the unclassified service of the state, who shall not engage in any other gainful employment or occupation.
Sec. 23. NRS 232.220 is hereby amended to read as follows:
232.220 As used in NRS 232.220 to 232.280, inclusive, unless the context requires otherwise:
1. Department means the department of [commerce.] business and industry.
2. Director means the director of the department . [of commerce.]
κ1993 Statutes of Nevada, Page 1485 (CHAPTER 466, AB 782)κ
Sec. 24. NRS 232.230 is hereby amended to read as follows:
232.230 1. The department of [commerce] business and industry is hereby created.
2. The department consists of a director and the following : [divisions:]
(a) Consumer affairs division.
(b) Division of financial institutions.
(c) Housing division.
(d) Manufactured housing division.
(e) Real estate division.
(f) [State fire marshal division.
(g)] Division of unclaimed property.
(g) Division of agriculture.
(h) Division of minerals.
(i) Division of insurance.
(j) Division of industrial relations.
(k) Office of labor commissioner.
(l) Commission on postsecondary education.
(m) Taxicab authority.
Sec. 25. NRS 232.240 is hereby amended to read as follows:
232.240 The director:
1. Is appointed by, is responsible to, and serves at the pleasure of the governor.
2. Is in the unclassified service of the state.
3. Shall not engage in any other gainful employment or occupation. The director may participate in any technical studies, statistical research, seminars or other educational activities, in the same manner as any chief of a division of the department, to educate persons about the duties, programs and activities of the department or to improve the administration and effectiveness of the department, if such participation does not interfere with the performance of his duties as director of the department.
4. Must have had at least 5 years of responsible administrative experience in public or business administration or must possess broad management skills in areas related to the functions of agencies composing the department.
5. Must be selected with special reference to his training, experience and aptitude for coordinating agencies dealing with commercial activities [such as insurance, banking, real estate and marketing of securities.] that are subject to the regulatory authority of the department. His knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his administrative direction.
(b) The administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.
(c) An ability to organize and present oral and written communication to the governor, the legislature and other pertinent officials or persons.
(d) An ability to oversee the carrying out of the statutory responsibilities of the department and departmental policies, rules and regulations.
Sec. 26. NRS 232.250 is hereby amended to read as follows:
232.250 The director:
κ1993 Statutes of Nevada, Page 1486 (CHAPTER 466, AB 782)κ
1. Shall appoint [, with the consent of the governor,] a chief of each of the divisions of the department. In making the appointments, the director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the department, if any. [The director shall consult the state fire marshals advisory board and appoint the state fire marshal from the list of candidates presented by the board.] The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the commissioner of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator [, the chief of the state fire marshal division is the state fire marshal] and the chief of the division of unclaimed property is the administrator of unclaimed property.
2. Is responsible for the administration [through the divisions of the department of the provisions of Titles 55 and 56 of NRS, chapters 319, 599B and 645 of NRS, and NRS 598.360 to 598.640, inclusive, and for the administration directly or through a division of all other] of all provisions of law relating to the jurisdiction, duties and functions of the department. The director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division of the department for the purpose of budget administration or for the performance of any duty of the exercise of any power with respect to the division.
3. May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.
4. For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.
5. May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by him pursuant to chapters 348A and 349 of NRS. Except as so provided, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.
6. May designate any person within the department to perform any of the duties or responsibilities, or exercise any of the authority, of the director on his behalf.
Sec. 27. NRS 232.280 is hereby amended to read as follows:
232.280 1. [Except for the state fire marshal, the] The chiefs of the divisions of the department may [each appoint a deputy and a chief assistant.] appoint assistants within the limits of the money available for each position and subject to the approval of the director.
2. These [deputies and chief] assistants are in the unclassified service of the state. Each [deputy and chief] assistant shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
κ1993 Statutes of Nevada, Page 1487 (CHAPTER 466, AB 782)κ
Sec. 28. NRS 232.285 is hereby amended to read as follows:
232.285 1. An investigative account for financial institutions is hereby created in the state general fund. The account consists of money which is:
(a) Received by the department of [commerce] business and industry in connection with the licensing of financial institutions; and
(b) Required by law to be placed therein.
2. The director of the department of [commerce] business and industry or his designee may authorize expenditures from the investigative account to pay the expenses incurred in investigating applications for licensing of financial institutions and in conducting special investigations relating to those institutions, and expenses incurred in connection with mergers, consolidations, conversions, receiverships and liquidations.
3. As used in this section, financial institution means an institution for which licensing is required by the provisions of Titles 55 and 56 and chapters 645B and 649 of NRS.
Sec. 29. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of human resources is hereby created.
2. The department consists of a director and the following divisions:
(a) Aging services division.
(b) Health division.
(c) Mental hygiene and mental retardation division.
(d) [Rehabilitation division.
(e)] Welfare division.
[(f)] (e) Division of child and family services.
3. The department is the sole agency responsible for administering the provisions of law relating to its respective divisions.
Sec. 30. 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 health division;
(3) [The administrator of the rehabilitation division;
(4)] The state welfare administrator; and
[(5)] (4) The administrator of the division of child and family services.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 423 [to 427A, inclusive,] , 424, 425, 427, 427A, 432 to 436, inclusive, 439 to 442, inclusive, 446, 447, 449 [, 450, 458 and 615] and 450 of NRS, NRS 422.070 to 422.410, inclusive, 444.003 to 444.430, inclusive, and 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:
κ1993 Statutes of Nevada, Page 1488 (CHAPTER 466, AB 782)κ
(1) Identify and assess the plans and programs of the department for the provision 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;
(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.
(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)] (e) 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.
Sec. 31. NRS 232.550 is hereby amended to read as follows:
232.550 As used in NRS [232.560] 232.550 to 232.700, inclusive, unless the context otherwise requires:
1. [Department means the department of industrial relations.
2.] Administrator means the administrator of the division.
2. Director means the director of the department of [industrial relations.
3.] business and industry.
3. Division means the division of industrial relations of the department of business and industry.
4. Insurer includes the state industrial insurance system, self-insured employers, and those employers covered under the provisions of NRS 616.255 and 616.256.
Sec. 32. NRS 232.570 is hereby amended to read as follows:
232.570 1. There is hereby created in the [department] division an advisory council composed of seven members appointed by the governor.
2. The advisory council must be composed of:
(a) Three representatives of labor, at least two of whom must represent organized labor;
(b) Three representatives of management, at least two of whom must represent employers who employ at least 250 persons; and
κ1993 Statutes of Nevada, Page 1489 (CHAPTER 466, AB 782)κ
(c) One representative of the general public who is knowledgeable in the field of industrial relations.
3. Any member who is appointed to fill a vacancy must be appointed in the same manner and possess the same general qualifications as his predecessor in office.
Sec. 33. NRS 232.580 is hereby amended to read as follows:
232.580 1. The council shall meet at least twice annually at times and places specified by a call of the chairman, the [director] administrator or a majority of the council. Special meetings, not to exceed six per year, may be held at the call of the chairman, the [director] administrator or a majority of the council.
2. The council shall select from its members a chairman and vice chairman who shall hold office for 1 year. The [director] administrator shall act as secretary of the council.
3. The council may prescribe such bylaws as it deems necessary for its operation.
4. Four members of the council constitute a quorum, and a quorum may exercise all the power and authority conferred on the council.
Sec. 34. NRS 232.600 is hereby amended to read as follows:
232.600 1. The council shall act in an advisory capacity to the [director] administrator and may, on its own initiative or at the request of the [director,] administrator, conduct studies or investigations concerning the organization and administration of the [department and its divisions] division and make recommendations to the [director] administrator based on the results of such studies or investigations.
2. The council shall review on a quarterly basis the records of oral complaints compiled by the division pursuant to NRS 618.336. Upon completing its review, the council shall submit any comments or recommendations regarding the complaints or the records to the [director.] administrator.
3. The council, by the affirmative vote of a majority of its members, may remove from the records of the [department] division the name of a debtor and the amount of any debt owed by him, if 3 years have elapsed since the debt was incurred and the council determines that the debt remains impossible or impractical to collect. The [department] division shall establish a master file containing the information removed from its official records pursuant to this subsection.
Sec. 35. NRS 232.610 is hereby amended to read as follows:
232.610 The [director:] administrator:
1. Is appointed by, is responsible to and serves at the pleasure of the [governor.] director.
2. Is in the unclassified service of the state.
3. Shall not engage in any other gainful employment or occupation.
4. Must have responsible administrative experience in public or business administration or possess broad management skills in areas related to the functions of the [department.] division.
5. Must have the demonstrated ability to administer a major public agency in the field of industrial relations . [which has diverse functional divisions with related goals.] His knowledge and abilities must include:
κ1993 Statutes of Nevada, Page 1490 (CHAPTER 466, AB 782)κ
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to the subject matters under his administrative direction;
(b) An administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields; and
(c) An ability to organize and present oral and written communication to the governor, the legislature, and other pertinent officials or other persons.
6. [Possess] Must possess a background which indicates that he can impartially serve the interests of both employees and employers.
7. Must not, at the time of his appointment or at any time during his term of office:
(a) Be an officer, director or employee, or have any personal or private interest in any operating mine, mill, smelter or ore reduction plant or the products thereof;
(b) Hold, directly or indirectly, any financial interest in any company, partnership, organization or corporation or subsidiary of a corporation, which owns, operates or has a financial interest in any mines which are subject to the provisions of chapter 512 of NRS; or
(c) Be an officer or employee of any labor organization.
Sec. 36. NRS 232.620 is hereby amended to read as follows:
232.620 The [director:
1. Shall appoint administrators of the divisions of the department, subject to the approval of the governor, who are respectively designated as follows:
(a) The administrator of the division of administrative services.
(b) The administrator of the division of enforcement for industrial safety and health.
(c) The administrator of the division of mine inspection.
(d) The administrator of the division of industrial insurance regulation.
(e) The administrator of the division of preventative safely.
2.] administrator:
1. Is responsible for the administration [, through the divisions of the department,] of the provisions of chapters 512, 616, 617 and 618 of NRS, and all other provisions of law relating to the functions of the [divisions of the department.
3.] division.
2. Has such other powers and duties as are provided by law.
Sec. 37. NRS 232.630 is hereby amended to read as follows:
232.630 1. The [director] administrator may appoint [an assistant director] such assistant administrators of the [department] division as necessary for the administration of the division and assign [his duties.
2. The assistant director] the duties of the assistant administrators.
2. An assistant administrator is in the unclassified service of the state.
3. [The assistant director] An assistant administrator shall devote his entire time and attention to the business of his office and shall not engage in any other gainful employment or occupation.
Sec. 38. NRS 232.650 is hereby amended to read as follows:
232.650 The [director] administrator may employ such staff as is necessary for the performance of his duties.
κ1993 Statutes of Nevada, Page 1491 (CHAPTER 466, AB 782)κ
Sec. 39. NRS 232.660 is hereby amended to read as follows:
232.660 1. The [director] administrator may:
(a) Appoint one or more legal counsel to provide services for the [department.] division. If appointed, they are in the unclassified service of the state.
(b) Provide for contract services to be rendered by such other legal counsel as are needed for assistance in administering the laws relating to labor and industrial relations.
2. Each of the legal counsel must be an attorney admitted to practice law in Nevada.
3. In the prosecution of all claims and actions referred to him, a legal counsel has the same power as that vested in the district attorneys of the several counties to enforce the laws relating to labor and industrial relations, except that a legal counsel does not have the authority to prosecute for criminal violations of such laws.
Sec. 40. NRS 232.670 is hereby amended to read as follows:
232.670 The [director] administrator shall:
1. Establish [departmental] divisional goals, objectives and priorities.
2. [Approve divisional goals, objectives and priorities.
3. Approve divisional and departmental budgets,] Prepare the divisions budget, legislative proposals, contracts, agreements and applications for federal assistance.
[4.] 3. Coordinate divisional programs [within the department and departmental and divisional programs] with other departments and other levels of government.
[5. Delegate to the administrators of the divisions such authorities and responsibilities not otherwise delegated by law as he deems necessary for the efficient conduct of the business of the department.
6.] 4. From time to time adopt such regulations as he deems necessary for the administration of the [department and its divisions.] division.
Sec. 41. NRS 232.680 is hereby amended to read as follows:
232.680 1. The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the [department and its various divisions] division must be paid from assessments payable by each:
(a) Insurer based upon expected annual expenditures for claims; and
(b) Employer who provides accident benefits for injured employees pursuant to NRS 616.415, based upon his expected annual expenses of providing those benefits.
The [department] division shall adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers and employers who provide accident benefits for injured employees.
2. Federal grants may partially defray the costs of the [divisions.] division.
3. Assessments made against insurers by the [department] division after the adoption of regulations must be used to defray all costs and expenses of administering the program of workmens compensation, including the payment of:
(a) All salaries and other expenses in administering the division , [of industrial insurance regulation, the division of administrative services, the division of enforcement of industrial safety and health, the division of preventative safety and the division of mine inspection,] including the costs of the office and staff of the [director.]
κ1993 Statutes of Nevada, Page 1492 (CHAPTER 466, AB 782)κ
division of enforcement of industrial safety and health, the division of preventative safety and the division of mine inspection,] including the costs of the office and staff of the [director.] administrator.
(b) All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.
(c) Claims against uninsured employers arising from compliance with NRS 616.377.
Sec. 42. NRS 232.690 is hereby amended to read as follows:
232.690 The [director] administrator may enter into cooperative agreements with any federal or state agency or political subdivision of the state, or any public or private institution located in or outside this state, or any person, corporation or association, in connection with studies and investigations pertaining to any activities of the [department.] division.
Sec. 43. NRS 232.700 is hereby amended to read as follows:
232.700 The insurers [, the department of insurance, the department of commerce] and any [other] state agency or division having functions dealing with chapter 512, 616, 617 or 618 of NRS shall cooperate with the [director] administrator in the performance of his duties and shall provide [the director] him with any information, statistics or data in their records as he requires.
Sec. 44. NRS 232.805 is hereby amended to read as follows:
232.805 As used in NRS 232.805 to 232.840, inclusive, unless the context otherwise requires:
1. Commissioner means the commissioner of insurance.
2. [Department means the department of insurance.] Division means the division of insurance of the department of business and industry.
Sec. 45. NRS 232.815 is hereby amended to read as follows:
232.815 The [department of insurance is hereby created. The department] division consists of the commissioner and the office of the advocate for insurance customers.
Sec. 46. NRS 232.820 is hereby amended to read as follows:
232.820 The commissioner of insurance is the head of the [department] division and:
1. Is appointed by and responsible to, and serves at the pleasure of, the [governor.] director of the department of business and industry.
2. Is in the unclassified service of the state.
Sec. 47. NRS 232.825 is hereby amended to read as follows:
232.825 The commissioner:
1. May appoint two deputies. The deputies are in the unclassified service of the state. Each deputy shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
2. Is responsible for the administration of the provisions of Title 57 of NRS, and all other provisions of law relating to the functions of the [department.] division.
3. May employ such staff as is necessary for performance of his duties.
4. Has such other powers and duties as are provided by law.
κ1993 Statutes of Nevada, Page 1493 (CHAPTER 466, AB 782)κ
Sec. 48. NRS 232.830 is hereby amended to read as follows:
232.830 1. The office of the advocate for insurance customers is hereby created within the [department.] division.
2. The [governor] director of the department of business and industry shall appoint the advocate for insurance customers for a term of 4 years. The advocate for insurance customers:
(a) Must be an attorney; and
(b) Is in the unclassified service of the state.
3. The [governor] director may remove the advocate for insurance customers from office for inefficiency, neglect of duty or malfeasance in office.
Sec. 49. NRS 232B.100 is hereby amended to read as follows:
232B.100 1. An agency may continue in existence until July 1 of the year immediately succeeding the effective date of its termination for the purpose of winding up its affairs, unless the agency has been consolidated with another.
2. The powers and duties of an agency are not abrogated or otherwise limited during the period between its termination and the following July 1, but no agency may enter into or let any contract, the performance of which extends beyond July 1, of the year immediately following the year in which it is terminated.
3. The director of the department of [general services] administration is responsible for disposing of any property of a terminated agency. All assets and liabilities of an agency which has been consolidated with another must be taken over by the successor agency. Money in the state treasury which is held in a special fund for an agency which has been terminated reverts to the state general fund on July 1 of the year immediately following the year in which the agency was terminated.
Sec. 50. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University of Nevada System.
(d) The [department] office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The state board of parole commissioners.
(h) The welfare division of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
(j) The office of the state engineer.
2. The department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.
4. The special provisions of:
κ1993 Statutes of Nevada, Page 1494 (CHAPTER 466, AB 782)κ
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security [department;] division of the department of employment, training and rehabilitation;
(b) Chapters 616 and 617 of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
5. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
6. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
Sec. 51. NRS 233B.065 is hereby amended to read as follows:
233B.065 1. The legislative counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the code, he may prescribe the same matters in original agency regulations.
2. The legislative counsel shall prepare or cause the superintendent of the state printing and micrographics division of the department of [general services] administration to prepare such sets of the Nevada Administrative Code and of supplementary pages as are required from time to time. A set must be provided to and kept respectively:
(a) By the secretary of state as the master copy;
(b) By the state librarian for public use;
(c) By the attorney general for his use and that of the executive department; and
(d) By the legislative counsel for his use and that of the legislature.
The legislative commission may direct the preparation of additional sets or pages, or both, and specify the places where those sets or parts of sets are to be kept and the uses to be made of them.
3. The legislative counsel shall, without charge, provide:
(a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the legislature; and
(b) To each legislator who has so acquired the code, the replacement or supplementary pages which are issued during his term of office.
κ1993 Statutes of Nevada, Page 1495 (CHAPTER 466, AB 782)κ
4. Each agency shall reimburse the legislative counsel bureau and the state printing and micrographics division of the department of [general services] administration for their respective costs in preparing and keeping current that agencys portion of the Nevada Administrative Code in the number of copies required for official and public use. If additional sets or pages are sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.
Sec. 52. NRS 233C.010 is hereby amended to read as follows:
233C.010 As used in this chapter, unless the context otherwise requires, council means the [Nevada] state council on the arts.
Sec. 53. NRS 233C.030 is hereby amended to read as follows:
233C.030 The [Nevada] state council on the arts, consisting of nine members appointed by the governor, is hereby created.
Sec. 54. NRS 233C.080 is hereby amended to read as follows:
233C.080 [The council may employ and remove any advisers, officers and other employees as may be needed and fix their compensation within the amounts available for those purposes.]
1. The director of the council must be selected by the director of the department of museums, library and arts with special reference to his training, experience, capacity and interest in the arts from a list of three candidates submitted by the council.
2. The director of the council must have a degree in the arts or a related field or in public administration with course work and experience in at least one of the arts.
Sec. 55. NRS 233C.200 is hereby amended to read as follows:
233C.200 1. The commission for cultural affairs is hereby created. The commission consists of:
(a) The chairman of the Nevada Humanities Committee or a member of the committee designated by him;
(b) The chairman of the [Nevada] state council on the arts or a member of the council designated by him;
(c) The chairman of the board of museums and history or a member of the board designed by him;
(d) [The chairman of the advisory board for historic preservation and archeology or a member of the advisory board designated by him;] A member of the board of museums and history, to be appointed by the governor; and
(e) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada, to be appointed by the governor.
2. The commission shall:
(a) Elect from its membership a chairman who shall serve for a term of 2 years. Any vacancy occurring in this position must be filled by election of the members of the commission for the remainder of the unexpired term.
(b) Prescribe rules for its own management and government.
(c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of its chairman.
3. Three members of the commission constitute a quorum, but a majority of the members of the commission is necessary to consider the particular business before it and to exercise the power conferred on the commission.
κ1993 Statutes of Nevada, Page 1496 (CHAPTER 466, AB 782)κ
4. The members of the commission are not entitled to be paid a salary or receive reimbursement for per diem or travel expenses.
5. Administrative services required by the commission must be provided by the members of the staff of the various agencies represented by the members of the commission.
Sec. 56. Chapter 233F of NRS is hereby amended by adding thereto the provisions set forth as sections 57 and 58 of this act.
Sec. 57. Communications division means the communications division of the department of information services.
Sec. 58. Telecommunications division means the telecommunications division of the department of information services.
Sec. 59. NRS 233F.010 is hereby amended to read as follows:
233F.010 As used in [NRS 233F.010 to 233F.170, inclusive,] this chapter, unless the context otherwise requires, the words and terms defined in NRS 233F.020 to 233F.060, inclusive, 233F.220 and sections 57 and 58 of this act, have the meanings ascribed to them in those sections.
Sec. 60. NRS 233F.030 is hereby amended to read as follows:
233F.030 Board means the [state communications] information technology advisory board.
Sec. 61. NRS 233F.050 is hereby amended to read as follows:
233F.050 Coordinator of communications means the [supervisor] administrator of the communications [subdivision of the Nevada highway patrol division of the department of motor vehicles and public safety.] division.
Sec. 62. NRS 233F.080 is hereby amended to read as follows:
233F.080 The legislature finds and declares that a state communications system is vital to the security and welfare of the state during times of emergency and in the conduct of its regular business, and that economics may be realized by joint use of the system by all state agencies. It is the purpose of the legislature that a state communications system be developed whereby the greatest efficiency in the joint use of existing communications systems is achieved and that all communication functions and activities of state agencies be coordinated. It is not the intent of the legislature to remove from the department of [general] information services control over the state telecommunications system intended for use by state agencies and the general public.
Sec. 63. NRS 233F.110 is hereby amended to read as follows:
233F.110 1. The board [shall establish and administer a policy respecting the development, administration and operation of the state communications system and may adopt regulations to govern the use and operation of the system. The board] may, upon receiving a request for a microwave channel or channels from an agency, approve or disapprove that request. If the request is approved, the board shall assign a channel or channels to the agency at a cost which reflects the actual share of costs incurred for services provided to the agency, in accordance with the comprehensive system of equitable billing and charges developed by the coordinator of communications.
2. Except as otherwise provided in subsection 3, a microwave channel assigned by the board to an agency for its use must not be reassigned without the concurrence of the agency.
κ1993 Statutes of Nevada, Page 1497 (CHAPTER 466, AB 782)κ
3. The board may revoke the assignment of a microwave channel if an agency fails to pay for its use and may reassign that channel to another agency.
4. Equipment for microwave channels which is purchased by a using agency becomes the property of the board if the agency fails to use or pay for those channels. [Such] The equipment must be used by the board to replace old or obsolete equipment in the state communications system.
5. A state agency shall not purchase equipment for microwave stations without prior approval from the board unless:
(a) The existing services do not meet the needs of the agency; or
(b) The equipment will not be used to duplicate services which are provided by the state communications system or a private company.
6. The board shall reimburse an agency for buildings, facilities or equipment which is consolidated into the state communications system.
Sec. 64. NRS 233F.121 is hereby amended to read as follows:
233F.121 The director of the department [of motor vehicles and public safety may] shall appoint the [supervising radio technician of the Nevada highway patrol division as the ex officio] coordinator of communications.
Sec. 65. NRS 233F.131 is hereby amended to read as follows:
233F.131 The coordinator of communications shall:
1. Administer the provisions of [NRS 233F.010 to 233F.170, inclusive,] this chapter relating to the state communications system subject to the administrative supervision of the [chief of the Nevada highway patrol.] director of the department.
2. Establish and administer a policy respecting the development, administration and operation of the state communications system. The coordinator may adopt regulations necessary to govern the use and operation of the system.
3. Supervise the operation and maintenance of the communications system and provide for its joint use by state agencies, except as otherwise provided in NRS 233F.110.
[3.] 4. Procure, install, maintain and purchase or lease communications equipment, facilities and services.
[4.] 5. Upon request, assist agencies in the design, procurement, maintenance and repair of communications systems.
[5.] 6. Prepare specifications for the annual procurement of radio equipment by the state purchasing division.
[6.] 7. Enter into and administer agreements involving the state communications system.
[7.] 8. Develop a comprehensive system of equitable billing and charges for services provided to agencies using the state communications system. The charges must reflect as nearly as practicable the actual share of costs incurred on behalf of or for services provided to an agency.
[8.] 9. Advise agencies of the state as to systems or methods to be used to meet the requirements for communications efficiently and effectively.
[9.] 10. Ensure that maintenance is performed on the state communications system efficiently and economically.
[10.] 11. Standardize policies and procedures for the joint use of the state communications system.
κ1993 Statutes of Nevada, Page 1498 (CHAPTER 466, AB 782)κ
[11.] 12. Consolidate communications buildings and facilities for the joint use of all state agencies.
[12.] 13. Perform such other duties in connection with each of his specified duties, and consistent therewith, as may be imposed by the director of the department . [of motor vehicles and public safety or the board.]
Sec. 66. NRS 233F.148 is hereby amended to read as follows:
233F.148 1. A fund for the communications [subdivision of the Nevada highway patrol] division of the department of information services is hereby created as an internal service fund. Money from the fund must be paid out on claims as other claims against the state are paid.
2. All costs for the operation, maintenance, rental, repair and replacement of equipment and the salaries of personnel assigned to the [subdivision] division must be paid from the fund.
3. Each agency using the services of the [subdivision] division shall pay a fee for such use, which is set by the coordinator of communications in an amount which reimburses the [subdivision] division for the entire cost of providing such services, including overhead. Each agency using the services of the [subdivision must] division shall budget therefor. All fees, proceeds from the sale of equipment and other money received by the [subdivision] division must be deposited with the state treasurer for credit to the fund.
Sec. 67. NRS 233F.160 is hereby amended to read as follows:
233F.160 1. The board may be substituted as the contracting party for any state agency in any existing agreements entered into by the agency respecting shared facilities for communications . [and in that event] If substituted, the board succeeds to all the rights and obligations of the substituted agency created by the agreement.
2. The board may collect and receive fees due on those agreements and any other agreements the board enters pursuant to the provisions of [NRS 233F.010 to 233F.170, inclusive.] this chapter. All these fees must be deposited in the fund for the communications [subdivision of the Nevada highway patrol] division of the department of information services created pursuant to NRS 233F.148 and used by the board to defray the costs of the state communications system.
3. All gifts of money which the board is authorized to accept must be deposited in the fund and used for the purpose specified by the donor or for the purpose of carrying out the provisions of this chapter.
Sec. 68. NRS 233F.170 is hereby amended to read as follows:
233F.170 In the event of any emergency, the governor may direct the division of emergency management of the department of [the military] motor vehicles and public safety to assume control over all or part of the state communications system.
Sec. 69. NRS 233F.220 is hereby amended to read as follows:
233F.220 Department means the department of [general] information services.
Sec. 70. NRS 233F.260 is hereby amended to read as follows:
233F.260 The board shall provide advice to the telecommunications division on the use of telecommunications by the state government including:
1. The development of policies, standards, plans and designs;
2. The procurement of systems, facilities and services;
κ1993 Statutes of Nevada, Page 1499 (CHAPTER 466, AB 782)κ
3. The integration of telecommunications systems with other state and local governmental systems; and
4. New technology that may become or is available.
Sec. 71. NRS 233F.270 is hereby amended to read as follows:
233F.270 1. The telecommunications division, with the advice of the board, shall [plan, implement] :
(a) Plan, carry out and administer a state telecommunications system. When available at a competitive cost, the division shall use the facilities of telephone companies providing local exchange service.
(b) Make arrangements for the installation of a central telephone switchboard or switchboards to serve the state offices in one or more buildings as may be practical or feasible.
2. The system must be integrated and may include services between the state and any cities, counties and schools.
3. [Except as otherwise provided in NRS 233F.280, the] The division may consider for the system all the telecommunications requirements of the state and its political subdivisions.
Sec. 72. NRS 2.320 is hereby amended to read as follows:
2.320 The clerk of the supreme court and the official reporter are ex officio reporters of decisions. Whenever any case is finally determined by the supreme court, the reporters of decisions shall make a synopsis of the opinion and decision of the supreme court in the case. A copy of the opinion together with the synopsis must be filed by the reporters of decisions with the superintendent of the state printing and micrographics division of the department of [general services.] administration.
Sec. 73. NRS 2.340 is hereby amended to read as follows:
2.340 1. The superintendent of the state printing and micrographics division of the department of [general services] administration shall furnish the reporters of decisions with proof sheets for their verification and correction before publication in permanent form. The superintendent then shall print immediately each complete supreme court decision in pamphlet form and shall furnish the clerk of the supreme court with as many pamphlet copies of each decision as the clerk determines are necessary for distribution to licensed attorneys, or any person mentioned in NRS 2.345, or for his use and the use of the justices of the supreme court. Each decision must be printed and pamphlet copies returned to the clerk of the supreme court within 14 days, not including the day of delivery, after the decision has been furnished to the superintendent by the clerk of the court. For good cause shown, the chief justice of the supreme court may extend the time within which [such] the decision or decisions may be published.
2. At the time of delivering the copy of any decision to the superintendent pursuant to the provisions of NRS 2.320, which must be immediately after the decision is filed, the clerk of the supreme court shall take a receipt for the [same, which] decision. The receipt must set forth the date of delivery and the title and number of the case.
Sec. 74. NRS 2.380 is hereby amended to read as follows:
2.380 The superintendent of the state printing and micrographics division of the department of [general services] administration shall cause to be printed upon good paper and in a workmanlike manner, bound in buckram and delivered to the legislative counsel bureau a number of copies of each volume of decisions published after February 16, 1967, not less than 750 and sufficient in the opinion of the director of the legislative counsel bureau to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.
κ1993 Statutes of Nevada, Page 1500 (CHAPTER 466, AB 782)κ
and delivered to the legislative counsel bureau a number of copies of each volume of decisions published after February 16, 1967, not less than 750 and sufficient in the opinion of the director of the legislative counsel bureau to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.
Sec. 75. NRS 4.3762 is hereby amended to read as follows:
4.3762 1. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the defendant and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:
(a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his sentence.
3. An electronic device approved by the [department] division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the persons presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the persons activities while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the persons activities while inside his residence,
must not be used.
4. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
Sec. 76. NRS 5.076 is hereby amended to read as follows:
5.076 1. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the defendant and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the municipal judge shall:
(a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.
κ1993 Statutes of Nevada, Page 1501 (CHAPTER 466, AB 782)κ
where he is expected to be in order to determine whether he is complying with the terms of his sentence.
3. An electronic device approved by the [department] division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the persons presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the persons activities while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the persons activities while inside his residence,
must not be used.
4. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
Sec. 77. NRS 19.033 is hereby amended to read as follows:
19.033 1. In each county, on the commencement of any action for divorce in the district court, the county clerk shall charge and collect, in addition to other fees required by law, a fee of $15. The fee must be paid by the party commencing the action.
2. On or before the first Money of each month, the county clerk shall pay over to the county treasurer an amount equal to all fees collected by him pursuant to subsection 1, and the county treasurer shall place that amount to the credit of 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 state job training office or, if the office is abolished by executive order, [a person appointed by the governor who has experience in training persons to obtain and maintain employment,] the director of the department of employment, training and rehabilitation to administer the provisions of NRS 388.605 to 388.655, inclusive.
3. The board of county commissioners of any county may impose by ordinance an additional filing fee of not more than $5 to be paid by the defendant in an action for divorce, annulment or separate maintenance. In a county where this fee has been imposed:
(a) On the appearance of a defendant in the action in the district court, the county clerk, in addition to any other fees provided by law, shall charge and collect from the defendant the prescribed fee to be paid upon the filing of the first paper in the action by the defendant.
(b) On or before the fifth day of each month, the county clerk shall account for and pay to the county treasurer all fees collected during the preceding month pursuant to paragraph (a).
Sec. 78. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and subsection 3 , [of this section,] if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010.
κ1993 Statutes of Nevada, Page 1502 (CHAPTER 466, AB 782)κ
41.038, inclusive, and subsection 3 , [of this section,] if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and subsection 3 , [of this section,] if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this section, in a court of competent jurisdiction of this state, against the State of Nevada, any agency of the state, or any political subdivision of the state. In an action against the state or any agency of the state, the State of Nevada must be named as defendant, and the summons and a copy of the complaint must be served upon the secretary of state. The secretary of state shall deliver a copy of the complaint to the [risk management division of the department of administration.] attorney general.
3. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
Sec. 79. NRS 41.036 is hereby amended to read as follows:
41.036 1. No action may be brought under NRS 41.031 against the state or any agency or other political subdivision of the state without complying with the requirements of subsection 2 or 3 . [of this section.]
2. Each person who has a claim against the state or any of its agencies arising out of a tort must file his claim within 2 years from the time the cause of action accrues with the ex officio clerk of the state board of examiners. He shall within 10 days deliver a copy of the claim to the [risk management division of the department of administration,] attorney general, and refer the claim to the appropriate state agency, office or officer for investigation and report of findings to the board.
3. Each person who has a claim against any political subdivision of the state arising out of a tort must file his claim within 2 years from the time the cause of action accrues with the governing body of that political subdivision.
4. The filing of a claim in tort against the state or a political subdivision as required by subsections 2 and 3 is not a condition precedent to bringing an action pursuant to NRS 41.031.
Sec. 80. NRS 41A.005 is hereby amended to read as follows:
41A.005 [Department] Division means the [department] division of insurance [.] of the department of business and industry.
Sec. 81. NRS 41A.033 is hereby amended to read as follows:
41A.033 The [department,] division, through the commissioner of insurance:
1. Shall maintain a list of the names of the attorneys, physicians, administrators of hospitals and persons employed by hospitals in management positions on the northern tentative screening panel and on the southern tentative screening panel;
2. Shall select the members of the screening panels;
3. Shall schedule the hearings for those panels;
4. Shall obtain, before or after the filing of the complaint, such health care records, statements of policy and procedure, and other materials as may be required by the parties or the screening panel in connection with the claim;
κ1993 Statutes of Nevada, Page 1503 (CHAPTER 466, AB 782)κ
5. Shall charge and collect a reasonable fee for copying materials produced under subpena;
6. For good cause shown, may authorize extensions of time for the filing of:
(a) An answer, not to exceed 60 days;
(b) A response, not to exceed 10 days; and
(c) Continuances,
for the proceedings involving a screening panel; and
7. May adopt such rules of practice and procedure as are necessary to carry out its duties pursuant to NRS 41A.003 to 41A.069, inclusive.
Sec. 82. NRS 41A.036 is hereby amended to read as follows:
41A.036 Any money received by the [department] division pursuant to the provisions of NRS 41A.003 to 41A.069, inclusive, must be deposited with the state treasurer for credit to the account for the [department] division of insurance in the state general fund. The administrative costs of the screening panels must be paid from the account.
Sec. 83. NRS 41A.039 is hereby amended to read as follows:
41A.039 1. A claim of medical malpractice is properly presented to a screening panel by filing a complaint with the [department.] division. A fee of $350 must accompany the complaint.
2. The complaint must contain a clear and concise statement of the facts of the case, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical malpractice.
3. The person against whom a complaint is made must, within 30 days after receipt of the complaint, file an answer with the [department,] division, accompanied by a fee of $350.
4. The claimant may respond only to the allegations of the answer or any accompanying affidavit by filing a written response with the [department] division within 21 days after he receives the answer. The panel shall disregard any portion of the response that does not address an allegation raised in the answer or an affidavit accompanying the answer. No fee may be charged or collected by the [department] division for the filing of the response.
5. A copy of any pleading required by this section to be filed with the [department] division must be delivered by the party, by certified or registered mail, to each opposing party or, if he is represented in the proceedings by counsel, to his attorney.
6. The fees provided by this section must not be charged or collected more than once:
(a) From any party; or
(b) For the filing of any complaint, regardless of the number of parties joined in the complaint.
Sec. 84. NRS 41A.043 is hereby amended to read as follows:
41A.043 1. Within 35 days after the expiration of the time in which to answer the complaint of medical malpractice, the [department] division shall hold a conference to resolve any issues as to challenges for cause. For good cause shown, the [department] division may continue the conference once, for a period not to exceed 7 days. A party may challenge any person on the tentative screening panel for cause on any of the grounds provided by NRS 16.050 for the challenge of jurors.
κ1993 Statutes of Nevada, Page 1504 (CHAPTER 466, AB 782)κ
2. The [department] division shall determine whether cause exists to excuse any member of the tentative screening panel and shall notify each party of the excused members no later than the completion of the conference required by subsection 1.
3. Except as otherwise provided in this subsection, each party is entitled to not more than:
(a) Three peremptory challenges from the list of attorneys; and
(b) Three peremptory challenges from the list of physicians.
In any case in which there are two or more claimants or respondents, they are collectively entitled to not more than six peremptory challenges from the list of members selected for the tentative screening panel. Each party asserting a peremptory challenge shall notify the [department] division of the challenge at the conference required by subsection 1.
4. The [department] division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three physicians, three attorneys and, if a hospital is also named in the complaint, one administrator of a hospital or person employed by a hospital in a management position, to serve on the screening panel for review of a claim of medical malpractice, but the representative of a hospital may not vote on any claim before the screening panel.
5. The [department] division shall notify the parties and the members selected to serve on the screening panel immediately after it has made the selections. If any member so selected declines to serve, the [department] division shall immediately and randomly select a replacement from the list.
6. If, because of the exercise of challenges for cause or peremptory challenges or any other reason, no attorney, physician or administrator of a hospital designated pursuant to NRS 41A.023 remains available to serve on the screening panel, the [department] division shall immediately notify the Nevada Trial Lawyers Association, the Nevada State Medical Association or the Nevada Hospital Association, as appropriate, and that association shall immediately designate a replacement from among its members. No person who is not so designated may serve on the screening panel.
Sec. 85. NRS 41A.046 is hereby amended to read as follows:
41A.046 1. The [department] division may, by certified or registered mail, issue subpenas as may be required by the screening panel, to compel the attendance of expert witnesses and, as may be required by the parties or the screening panel, to compel the production of books, papers, health care records, statements of policy and procedure or other materials.
2. The [department] division shall keep the material so produced and make it available to the parties, upon request, for inspection or copying. If the material is reasonably capable of being copied, the [department] division shall provide a copy to the parties, upon request and receipt of a fee for the copying.
3. If any expert witness refuses to attend or testify or if any person refuses to produce any materials as required by the subpena, the [department] division may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the expert witness or for the production of the materials;
κ1993 Statutes of Nevada, Page 1505 (CHAPTER 466, AB 782)κ
(b) The expert witness or the person required to produce the materials has been subpenaed by the [department] division pursuant to this section; and
(c) The expert witness has failed or refused to attend or the person has failed or refused to produce the materials required by the subpena, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the expert witness to attend and testify or the other person to produce the materials.
4. Upon receiving such a petition, the court shall enter an order directing the expert witness or other person to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and show cause why he has not attended or testified or produced the materials. A certified copy of the order must be served upon the expert witness or other person.
5. If it appears to the court that the subpena was regularly issued by the [department,] division, the court shall enter an order that the expert witness or other person appear at the time and place fixed in the order and testify or produce the required materials, and upon his failure to obey the order, the expert witness or other person must be dealt with as for contempt of court.
Sec. 86. NRS 41A.053 is hereby amended to read as follows:
41A.053 1. Upon the request of the [department] division or counsel for a patient, a custodian of any medical records shall not allow anyone to review any of those records relevant to a complaint filed with the [department] division before those records are transferred to a requesting party or the authority issuing the subpena.
2. A violation of this subsection is punishable as a misdemeanor.
Sec. 87. NRS 62.360 is hereby amended to read as follows:
62.360 1. The court shall make and keep records of all cases brought before it.
2. The records may be opened to inspection only by order of the court to persons having a legitimate interest therein except that a release without a court order may be made of any:
(a) Records of traffic violations which are being forwarded to the department of motor vehicles and public safety; and
(b) Records which have not been sealed and are required by the [department] division of parole and probation of the department of motor vehicles and public safety for preparation of presentence reports pursuant to NRS 176.135.
3. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
4. Whenever the conduct of a juvenile with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to the civil action may petition the court for release of the childs name, and upon satisfactory showing to the court that the purpose in obtaining the information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the childs name and authorize its use in the civil action.
Sec. 88. NRS 108.2679 is hereby amended to read as follows:
108.2679 Registered owner means a person whose name appears in the files of the manufactured housing division of the department of [commerce] business and industry as the person to whom the mobile home or manufactured home is registered, but does not include:
κ1993 Statutes of Nevada, Page 1506 (CHAPTER 466, AB 782)κ
business and industry as the person to whom the mobile home or manufactured home is registered, but does not include:
1. A creditor who holds title to the mobile home or manufactured home; or
2. The owner or holder of a lien encumbering the mobile home or manufactured home.
Sec. 89. NRS 108.273 is hereby amended to read as follows:
108.273 1. The manufactured housing division of the department of [commerce] business and industry shall provide a notice of lien on a mobile home or manufactured home and a notice of a sale by auction of a mobile home or manufactured home that complies with the requirements of NRS 108.270 to 108.360, inclusive.
2. A notice of lien on a mobile home or manufactured home or a notice of a sale by auction of a mobile home or manufactured home must be made on a form provided by the manufactured housing division of the department of [commerce.] business and industry.
Sec. 90. NRS 108.2735 is hereby amended to read as follows:
108.2735 A lien asserted against a mobile home or manufactured home expires 1 year after it is filed with the manufactured housing division of the department of [commerce.] business and industry.
Sec. 91. NRS 108.310 is hereby amended to read as follows:
108.310 Subject to the provisions of NRS 108.315, the lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:
1. The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, mobile home or manufactured home, upon which the lien is asserted, and to the:
(a) Manufactured housing division of the department of [commerce] business and industry with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS; or
(b) Registration division of the department of motor vehicles and public safety with regard to all other items included in this section.
2. In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, mobile home or manufactured home. The sale must be had in the place where the lien was acquired, or, if that place is manifestly unsuitable for the purpose, at the nearest suitable place.
3. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, mobile home or manufactured home to be sold, and stating the name of the owner or person on whose account it is held, and the time and place of the sale, must be published once a week for 3 consecutive weeks in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place then in some newspaper published in this state and having a general circulation in that place.
κ1993 Statutes of Nevada, Page 1507 (CHAPTER 466, AB 782)κ
circulation in that place. The sale must not be held less than 22 days after the time of the first publication.
4. From the proceeds of the sale the lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, mobile home or manufactured home.
Sec. 92. NRS 108.315 is hereby amended to read as follows:
103.315 1. Any landlord who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, must within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the mobile home or manufactured home, for the amount due, stating that a lien is claimed on the mobile home or manufactured home. A copy of the demand must be sent to every holder of a security interest in, and every tenant or subtenant of, the mobile home or manufactured home, and to the manufactured housing division of the department of [commerce,] business and industry, by registered or certified mail.
2. For the purpose of obtaining the name and address of a holder of a security interest in the mobile home or manufactured home, the landlord shall, before making the demand for payment, request that information from the:
(a) Manufactured housing division of the department of [commerce] business and industry with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS.
(b) Department of motor vehicles and public safety with regard to all other vehicles.
The state agency shall supply that information from its records or, if the mobile home or manufactured home is registered in another state, territory or country, obtain the information from the appropriate agency of that state, territory or country.
3. A landlord who enforces a lien for unpaid rent may recover an amount equal to:
(a) The amount of the unpaid rent;
(b) The cost of any advertising and notices required pursuant to NRS 108.270 to 108.360, inclusive;
(c) The cost and fees ordered by a court in any action contesting the validity of a lien; and
(d) The cost of a sale, if a sale by auction is made pursuant to the provisions of NRS 108.310.
4. No mobile home or manufactured home may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment, and a notice of lien has been served pursuant to subsection 1. At least 10 days but not more than 30 days before a sale, a written notice of sale by auction must be sent to the registered owner and tenant or subtenant and to every holder of a security interest in the mobile home or manufactured home by registered or certified mail stating that a sale by auction of the mobile home or manufactured home is to be made pursuant to the provisions of NRS 108.310.
κ1993 Statutes of Nevada, Page 1508 (CHAPTER 466, AB 782)κ
108.310. The written notice of sale by auction must include the time and location of the sale, the amount necessary to satisfy the lien and a description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and 108.355.
Sec. 93. NRS 108.355 is hereby amended to read as follows:
108.355 1. A person contesting the validity of a lien on a mobile home or manufactured home may file a notice of opposition to the lien in the justices court in whose jurisdiction the mobile home or manufactured home is located. The notice of opposition must be filed within 5 days after the person filing the notice receives the notice of sale by auction, must be made on a form provided by the clerk of the justices court and must include the facts supporting the notice. The person filing the notice shall serve certified copies of it upon the lien claimant and the manufactured housing division of the department of [commerce.] business and industry.
2. Upon the filing of the notice of opposition to the lien, the justice of the peace shall schedule a hearing on the notice, which must be held as soon as practicable but not sooner than 5 days after service of the notice. The justice of the peace shall affix the date of the hearing to the notice and order that a copy be served upon the lien claimant within 5 days after the date of the order.
3. The justice of the peace shall either dismiss the objections to the lien claim, declare the lien invalid or declare the amount of the lien if it is different from that described by the lien claimant.
4. After receipt of a notice of opposition to a lien or other notice pursuant to any proceeding to contest the validity of a lien, the manufactured housing division of the department of [commerce] business and industry shall not transfer the title to the mobile home or manufactured home that is the subject of the lien until the matter has been adjudicated.
Sec. 94. NRS 118B.012 is hereby amended to read as follows:
118B.012 Division means the manufactured housing division of the department of [commerce.] business and industry.
Sec. 95. NRS 118B.022 is hereby amended to read as follows:
118B.022 1. The provisions of this chapter must be administered by the division, subject to administrative supervision by the director [.] of the department of business and industry.
2. An employee of the division shall not hold an interest in a mobile home park.
Sec. 96. Chapter 119 of NRS is hereby amended by adding thereto a new section to read as follows:
Director means the director of the department of business and industry.
Sec. 97. NRS 119.010 is hereby amended to read as follows:
119.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 119.015 to 119.112, inclusive, and section 96 of this act, have the meanings ascribed to them in those sections.
Sec. 98. NRS 119.015 is hereby amended to read as follows:
119.015 Administrator means the chief of the [real estate division of the department of commerce.] division.
κ1993 Statutes of Nevada, Page 1509 (CHAPTER 466, AB 782)κ
Sec. 99. NRS 119.050 is hereby amended to read as follows:
119.050 Division means the real estate division of the department of [commerce.] business and industry.
Sec. 100. NRS 119.055 is hereby amended to read as follows:
119.055 Hearing officer means a member of the staff of the department of [commerce] business and industry whom the administrator has appointed as a hearing officer.
Sec. 101. NRS 119.160 is hereby amended to read as follows:
119.160 1. The administrator [of the division] shall make an examination of any subdivision, and shall, unless there are grounds for denial, issue to the subdivider a property report authorizing the sale or lease, or the offer for sale or lease, in this state of the lots or parcels in the subdivision. The report must contain the data obtained in accordance with NRS 119.140 and which the administrator determines are necessary to carry out the purposes of this chapter. The administrator may publish the report.
2. The grounds for denial are:
(a) Failure to comply with any of the provisions in this chapter or the rules and regulations of the division pertaining thereto.
(b) That the sale or lease would constitute misrepresentation to or deceit or fraud of the purchasers or lessees.
(c) Inability to deliver title or other interest contracted for.
(d) Inability to demonstrate that adequate financial arrangements have been made for all offsite improvements included in the offering.
(e) Inability to demonstrate that adequate financial arrangements have been made for any community, recreational or other facilities included in the offering.
(f) Failure to make a showing that the parcels can be used for the purpose for which they are offered.
(g) Failure to provide in the contract or other writing the use or uses for which the parcels are offered, together with any covenants or conditions relative thereto.
(h) Agreements or bylaws to provide for management or other services pertaining to common facilities in the offering, which fail to comply with the regulations of the division.
(i) Failure to demonstrate that adequate financial arrangements have been made for any guaranty or warranty included in the offering.
3. If the administrator [of the division] finds that grounds for denial exist, he shall issue an order so stating to the owner or subdivider no later than 30 days after receipt of the information required to be filed by NRS 119.130 and 119.140. The administrator may, alternatively, issue a temporary permit to be effective for not more than 6 months from the date of issuance. If the administrator [of the division] issues an order of denial, the owner or developer may appeal the order to the director [of the department of commerce] who shall, within 5 days of the receipt of the appeal, determine whether grounds for denial exist. If the director finds that grounds for denial exist, he shall confirm the denial. If the director confirms the denial, the owner or developer may appeal to the real estate commission, which shall conduct a hearing and either confirm the denial or order a license issued within 30 days of the receipt of the appeal.
κ1993 Statutes of Nevada, Page 1510 (CHAPTER 466, AB 782)κ
4. If it appears to the administrator [of the division] that a statement of record, or any amendment thereto, is on its face incomplete or inaccurate in any material respect, the administrator shall so advise the developer within a reasonable time after the filing of the statement or the amendment, but before the date the statement or amendment would otherwise be effective. This notification serves to suspend the effective date of the statement or the amendment until 30 days after the developer files such additional information as the administrator requires. Any developer, upon receipt of such notice, may request a hearing, and the hearing must be held within 20 days after receipt of the request by the administrator.
Sec. 102. NRS 119.270 is hereby amended to read as follows:
119.270 In any proceeding under this chapter, the administrator may appoint hearing officers from the staff of the department of [commerce] business and industry who shall act as his agents and conduct any hearing or investigation which may be conducted by the administrator under the provisions of this chapter.
Sec. 103. NRS 119A.050 is hereby amended to read as follows:
119A.050 Division means the real estate division of the department of [commerce.] business and industry.
Sec. 104. NRS 119A.630 is hereby amended to read as follows:
119A.630 For any proceeding held pursuant to a provision of this chapter, except a hearing to impose a fine or revoke or suspend a license, the administrator may appoint a hearing officer from the staff of the department of [commerce] business and industry who shall act as his agent and conduct any hearing or investigation which may be conducted by the administrator pursuant to this chapter. The administrator shall appoint a hearing officer to conduct a hearing to impose a fine or revoke or suspend a license.
Sec. 105. NRS 120A.050 is hereby amended to read as follows:
120A.050 Division means the division of unclaimed property in the department of [commerce.] business and industry.
Sec. 106. NRS 120A.400 is hereby amended to read as follows:
120A.400 Any person aggrieved by a decision of the administrator, or as to whose claim the administrator has failed to render a decision within 90 days after the filing of the claim, may do either of the following, or both:
1. Request the director of the department of [commerce] business and industry to review the administrative record. The request must be made in writing and must be filed with the director within 90 days after the decision of the administrator or within 180 days after the filing of the claim. The decision of the director constitutes the final decision in a contested case.
2. Commence an action in the district court to establish his claim. The proceeding must be brought within 90 days after the decision of the administrator or within 180 days after the filing of the claim if the administrator has failed to render a decision. The action must be tried without a jury in cases where the administrator has failed to render a decision.
Sec. 107. NRS 164.080 is hereby amended to read as follows:
164.080 1. Any bank or trust company qualified to act as fiduciary in this state, or in any other state if affiliated with a bank or trust company qualified to act as fiduciary in this state, may:
κ1993 Statutes of Nevada, Page 1511 (CHAPTER 466, AB 782)κ
(a) Establish common trust funds to furnish investments to itself and its affiliated bank or trust company as fiduciary or to itself, its affiliated bank or trust company and others, as cofiduciaries; and
(b) As fiduciary or cofiduciary, invest money which it lawfully holds for investment in interests in those common trust funds, if the investment is not prohibited by the instrument, judgment, decree or order creating the fiduciary relationship, and if, in the case of cofiduciaries, the bank or trust company procures the consent of its cofiduciaries to the investment.
2. Any bank or trust company, qualified to act as fiduciary in the state in which it was chartered, which is not a member of the Federal Reserve System shall, in the operation of the common trust fund, comply with the regulations adopted by the supervisor of banking in the state in which it was chartered and with the regulations adopted by the commissioner of financial institutions in this state.
3. The commissioner of the division of financial institutions of the department of [commerce] business and industry may adopt regulations to carry out the provisions of NRS 164.070 to 164.120, inclusive.
4. As used in this section, affiliated means two or more banks or trust companies:
(a) In which at least 25 percent of their voting shares, excluding shares owned by the United States or by any company wholly owned by the United States, are directly or indirectly owned or controlled by a holding company; or
(b) In which the election of a majority of the directors is controlled in any manner by a holding company.
Sec. 108. NRS 171.17751 is hereby amended to read as follows:
171.17751 1. Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, animal control officers and traffic engineers to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.
2. The state health officer and the health officer of each county, district and city may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.
3. The chief of the manufactured housing division of the department of [commerce] business and industry may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.
4. An employee designated pursuant to this section:
(a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;
(b) May, if he is employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and
(c) Shall comply with the provisions of NRS 171.1773.
κ1993 Statutes of Nevada, Page 1512 (CHAPTER 466, AB 782)κ
Sec. 109. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires, division means the division of parole and probation of the department of motor vehicles and public safety.
Sec. 110. NRS 176.006 is hereby amended to read as follows:
176.006 The commission for establishing suggested sentences for felonies and the [department of parole and probation] division shall develop statistical information describing sentencing in this state. The commission shall specify the factors with respect to which it requires such information. The chief parole and probation officer shall analyze sentences imposed in this state to obtain information regarding the factors specified by the commission.
Sec. 111. NRS 176.009 is hereby amended to read as follows:
176.009 The commission for establishing suggested ranges for sentencing may solicit, accept and use grants to aid it in performing the functions assigned to it by law. The commission shall make use of the computers and programs which are owned or maintained by the [department of parole and probation.] division.
Sec. 112. NRS 176.033 is hereby amended to read as follows:
176.033 1. If a sentence of imprisonment is required or permitted by statute, the court shall:
(a) Sentence the defendant to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits prescribed by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant; and
(b) If restitution is appropriate, set an amount of restitution for each victim of the offense.
2. At any time after a prisoner has been released on parole and has served one-half of the period of his parole, or 10 consecutive years on parole in the case of a prisoner sentenced to life imprisonment, the state board of parole commissioners, upon the recommendation of the [department of parole and probation,] division, may petition the court of original jurisdiction requesting a modification of sentence. The board shall give notice of the petition and hearing thereon to the attorney general or district attorney who had jurisdiction in the original proceedings. Upon hearing the recommendation of the state board of parole commissioners and good cause appearing, the court may modify the original sentence by reducing the term of imprisonment but shall not make the term less than the minimum limit prescribed by the applicable penal statute.
Sec. 113. NRS 176.135 is hereby amended to read as follows:
176.135 1. The [department of parole and probation] division shall make a presentence investigation and report to the court on each defendant who pleads guilty or nolo contendere to or is found guilty of a felony. The report must be made before the imposition of sentence or the granting of probation except when:
(a) A sentence is fixed by a jury; or
(b) Such an investigation and report on the defendant has been made by the [department] division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.
κ1993 Statutes of Nevada, Page 1513 (CHAPTER 466, AB 782)κ
2. Upon request of the court, the [department] division shall make presentence investigations and reports on defendants who plead guilty or nolo contendere to or are found guilty of gross misdemeanors.
Sec. 114. NRS 176.145 is hereby amended to read as follows:
176.145 The report of the presentence investigation must contain:
1. Any prior criminal record of the defendant;
2. Such information about his characteristics, his financial condition, the circumstances affecting his behavior and the circumstances of the offense as may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;
3. Information concerning the effect that the crime committed by the defendant has had upon the victim, including but not limited to any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or [department] division and the extent of such information to be included in the report is solely at the discretion of the [department;] division;
4. A recommendation of a definite term of confinement or an amount of fine, or both;
5. A recommendation, if the [department] division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176.2248; and
6. Such other information as may be required by the court.
The [department of parole and probation] division may include in the report such information, without limitation, as it believes will be helpful in imposing sentence, in granting probation or in correctional treatment.
Sec. 115. NRS 176.156 is hereby amended to read as follows:
176.156 1. The court shall disclose to the district attorney, the counsel for the defendant and the defendant the factual content of the report of the presentence investigation and the recommendations of the [department of parole and probation] division and afford an opportunity to each party to object to factual errors and comment on the recommendations.
2. Except for the disclosures required by subsection 1, the report and its sources of information are confidential and must not be made a part of any public record.
Sec. 116. NRS 176.187 is hereby amended to read as follows:
176.187 1. Upon the granting of probation to a person convicted of a felony or gross misdemeanor, the court may, when the circumstances warrant, require as a condition of probation that the probationer submit to periodic tests to determine whether the probationer is using any controlled substance. Any such use or any failure or refusal to submit to a test is a ground for revocation of probation.
2. Any expense incurred as a result of [any such test shall] a test must be paid from appropriations to the [department of parole and probation] division on claims as other claims against the state are paid.
κ1993 Statutes of Nevada, Page 1514 (CHAPTER 466, AB 782)κ
Sec. 117. NRS 176.189 is hereby amended to read as follows:
176.189 1. The court shall order as a condition of probation or suspension of sentence, in appropriate circumstances, that the defendant make full or partial restitution to the person or persons named in the order, at the times and in the amounts specified in the order unless the court finds that restitution is impractical. Such an order may require payment for medical or psychological treatment of any person whom the defendant has injured.
2. All money received by the [department] division for restitution for:
(a) One victim may; and
(b) More than one victim must,
be deposited with the state treasurer for credit to the restitution trust fund. All payments from the fund must be paid as other claims against the state are paid.
3. If restitution is not required, the court shall set forth the circumstances upon which it finds restitution impracticable in its order of probation or suspension of sentence.
4. Failure to comply with the terms of an order for restitution is a violation of a condition of probation or suspension of sentence unless the defendants failure has been 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 such a hardship.
5. If, within 3 years after the defendant has been discharged from probation, the [department of parole and probation] division has not located the person to whom the restitution was ordered, the money paid by the defendant must be deposited with the state treasurer for credit to the fund for the compensation of victims of crime.
Sec. 118. NRS 176.198 is hereby amended to read as follows:
176.198 1. The chief parole and probation officer shall develop a program for the intensive supervision of a person granted probation pursuant to subsection 2 of NRS 176.185.
2. The program of intensive supervision must include an initial period of electronic supervision of the probationer with an electronic device approved by the [department of parole and probation.] division. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationers presence at his residence, including, but not limited to, 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.
Sec. 119. NRS 176.219 is hereby amended to read as follows:
176.219 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:
κ1993 Statutes of Nevada, Page 1515 (CHAPTER 466, AB 782)κ
(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;] division; 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] division 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. 120. NRS 176.223 is hereby amended to read as follows:
176.223 The necessary expenses of returning to the court a person arrested for violation of probation are a charge against the state and must be paid from money appropriated to the [department of parole and probation.] division. After the appropriation for this purpose is exhausted, money must be allocated to the [department of parole and probation] division out of the reserve for statutory contingency account, upon approval by the state board of examiners, for the payment of these expenses.
Sec. 121. NRS 176.2231 is hereby amended to read as follows:
176.2231 1. If a person who has been placed on probation violates a condition of his probation, the court may order him to a term of residential confinement in lieu of causing the sentence imposed to be executed. In making this determination, the court shall consider the criminal record of the person and the seriousness of the crime committed.
2. In ordering the person to a term of residential confinement, the court shall:
(a) Direct that he be placed under the supervision of the [department of parole and probation;] division;
(b) Require the person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the [department of parole and probation;] division; and
(c) Require intensive supervision of the person, including unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.
3. An electronic device approved by the [department of parole and probation] division may be used to supervise a person ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the persons presence at his residence, including, but not limited to the transmission of still visual images which do not concern the persons activities while inside his residence.
κ1993 Statutes of Nevada, Page 1516 (CHAPTER 466, AB 782)κ
in capability to recording or transmitting information concerning the persons presence at his residence, including, but not limited to the transmission of still visual images which do not concern the persons activities while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the persons activities while inside his residence,
must not be used.
4. The court shall not order a person to a term of residential confinement unless he agrees to the order.
5. A term of residential confinement may not be longer than the sentence imposed by the court.
Sec. 122 NRS 176.2233 is hereby amended to read as follows:
176.2233 1. In ordering a person to a term of residential confinement, a court may establish the terms and conditions of that confinement.
2. The court may, at any time, modify the terms and conditions of the residential confinement.
3. The court shall cause a copy of its order to be delivered to the person and the [department of parole and probation.] division.
Sec. 123. NRS 176.2237 is hereby amended to read as follows:
176.2237 The [department of parole and probation] division shall establish procedures to administer a program of supervision for persons who are ordered to a term of residential confinement.
Sec. 124. NRS 176.224 is hereby amended to read as follows:
176.224 The [department of parole and probation] division may:
1. Establish centers for the housing and supervision of probationers assigned to the centers under NRS 176.2242.
2. Contract for any services necessary to operate these centers.
Sec. 125. NRS 176.2242 is hereby amended to read as follows:
176.2242 1. Except as otherwise provided in subsection 2, when a district court grants probation to a person convicted of a felony or continues his probation after his return to the court for violation of a condition of probation, the court may require as a condition of granting or continuing probation that the convicted person live for a period of time specified by the court under the supervision of the [department] division in a residential center established pursuant to NRS 176.224.
2. The court may not assign a convicted person to a residential center under subsection 1:
(a) If the convicted person has served a prior prison term in any state or federal penal institution.
(b) Unless, in cases where probation is being granted rather than continued, the assignment is recommended by the [department of parole and probation.] division.
Sec. 126. NRS 176.2244 is hereby amended to read as follows:
176.2244 1. The [department of parole and probation] division shall:
(a) Determine a fixed amount to be deducted from the wages of each probationer assigned to a residential center to partially offset the cost of providing the probationer with housing and meals at the center.
κ1993 Statutes of Nevada, Page 1517 (CHAPTER 466, AB 782)κ
(b) Arrange for all earnings of a probationer assigned to a residential center to be paid directly from the employer to the probationer who shall immediately give his earnings to the [department.] division.
(c) Deduct the amount for housing, meals and medical and dental services determined under paragraph (a), and distribute the remainder according to a court order for restitution, if any, or to a plan for the management of the probationers assets established by the [department.] division.
2. The [department of parole and probation] division may adopt regulations necessary to carry out the provisions of NRS 176.224, 176.2242 and 176.2244.
Sec. 127. NRS 176.225 is hereby amended to read as follows:
176.225 1. Every defendant who:
(a) Has fulfilled the conditions of his probation for the entire period thereof;
(b) Is recommended for earlier discharge by the [department of parole and probation;] division; or
(c) Has demonstrated his fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court,
may be granted an honorable discharge from probation by order of the court.
2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.
3. A person honorably discharged from probation is free from the terms and conditions of his probation and may apply to the court, in person or by attorney, pursuant to NRS 176.227, for the restoration of his civil rights. He must be informed of this privilege in his probation papers.
4. A person honorably discharged from probation who has had his civil rights restored by the court:
(a) Is exempt from the requirements of NRS 207.090, but is not exempt from the requirements of NRS 207.152.
(b) May vote, hold office or serve as a juror.
(c) Shall disclose the conviction to a gaming establishment and the state, its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, establishment has the meaning ascribed to it in NRS 463.0148.
(d) Except as otherwise provided in paragraph (c), need not disclose the conviction to an employer or prospective employer.
5. The prior conviction of a person whose civil rights have been restored or who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person who has had his civil rights restored or who has been honorably discharged from probation, the prior conviction may be pleaded and proved if otherwise admissible.
Sec. 128. NRS 176.227 is hereby amended to read as follows:
176.227 A convicted person who is granted an honorable discharge from probation, who has not previously been restored to his civil rights, and who is not convicted of any offense greater than a traffic violation within 6 months after the discharge, may apply to the [department of parole and probation] division to request a restoration of his civil rights.
κ1993 Statutes of Nevada, Page 1518 (CHAPTER 466, AB 782)κ
division to request a restoration of his civil rights. If the [department] division determines after an investigation that the applicant meets the requirements of this section, it shall petition the court in which the applicant was convicted for an order granting the restoration. If the [department] division refuses to submit such a petition, the applicant may, after notice to the [department of parole and probation,] division, directly petition the court for restoration of his civil rights.
Sec. 129. NRS 180.010 is hereby amended to read as follows:
180.010 1. The office of state public defender is hereby created [.] within the department of human resources.
2. The governor shall appoint the state public defender for a term of 4 years, and until a successor is appointed and qualified.
3. The state public defender:
(a) Must be an attorney licensed to practice law in the State of Nevada.
(b) Is in the unclassified service of the state.
(c) Except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.
4. No officer or agency of the state, other than the governor and the director of the department of human resources, may supervise the state public defender. No [other] officer or agency of the state , other than the governor, may [supervise] assign the state public defender [or assign him] duties in addition to those prescribed by this chapter.
Sec. 130. NRS 205.134 is hereby amended to read as follows:
205.134 1. A notice in boldface type which is clearly legible and is in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or draft without sufficient money or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of $250 or more or by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. The superintendent of the state printing and micrographics division of the department of [general services] administration shall prepare the notice and supply copies of it on demand. The superintendent may charge a fee based on the cost for each copy of the notice which is supplied.
3. Failure of the owner, operator or manager of a bank or other place of business to post the sign required by this section is not a defense to charge of a violation of NRS 205.130.
Sec. 131. NRS 205.380 is hereby amended to read as follows:
205.380 1. Every person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his employee, with intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:
κ1993 Statutes of Nevada, Page 1519 (CHAPTER 466, AB 782)κ
another person not his employee, with intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:
(a) If the value of the thing or labor so fraudulently obtained was $250 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done, or tender payment for rent or labor.
(b) If the value of the thing or labor so fraudulently obtained was less than $250, for a misdemeanor, and shall be sentenced to restore the property so fraudulently obtained, if it can be done, or tender payment for rent or labor.
2. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:
(a) Property which can be returned in the same condition in which it was originally received;
(b) Rent; or
(c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,
stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.
3. The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of intent to defraud.
4. A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank, in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:
The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return offer to return the property in that condition or to specify in which way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:
1. If the value of the property, rent or labor so fraudulently obtained was $250 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. If the value of the property, rent or labor so fraudulently obtained was less than $250, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
κ1993 Statutes of Nevada, Page 1520 (CHAPTER 466, AB 782)κ
The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing and micrographics division of the department of [general services,] administration, who may charge a fee based on the cost for each copy of the notice supplied to any person.
Sec. 132. NRS 209.429 is hereby amended to read as follows:
209.429 1. The director may, at the request of an offender who has:
(a) Established a position of employment in the community; and
(b) Successfully completed the initial period of rehabilitation required under the program of treatment established pursuant to NRS 209.425,
assign the offender to the custody of the [department] division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.
2. If an offender assigned to the custody of the [department] division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The [department] division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
3. The assignment of an offender to the custody of the [department] division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,
except that [such an] the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.
4. No person has a right to be assigned to the custody of the [department] division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any 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. 133. NRS 209.448 is hereby amended to read as follows:
209.448 1. An offender who has no serious infraction of the regulations of the department or the laws of this state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, a deduction of not more than 30 days from the length of his remaining sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the department and a person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of [human resources.]
κ1993 Statutes of Nevada, Page 1521 (CHAPTER 466, AB 782)κ
drug abuse of the rehabilitation division of the department of [human resources.] employment, training and rehabilitation.
2. The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.
Sec. 134. NRS 209.4813 is hereby amended to read as follows:
209.4813 1. The advisory board on industrial programs is hereby created.
2. The advisory board consists of the director of the department of prisons, the [director of the department of general services] chief of the purchasing division of the department of administration and eight members appointed by the interim finance committee as follows:
(a) Two members of the senate.
(b) Two members of the assembly.
(c) Two persons who represent manufacturing in this state.
(d) One person who represents business in this state.
(e) One person who represents organized labor in this state.
3. The members of the advisory board shall select a chairman from among their membership.
4. Each member of the advisory board appointed by the interim finance committee must be appointed to a term of 2 years and may be reappointed.
5. Except during a regular or special session of the legislature, each legislator who is a member of the advisory board is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the advisory board or is otherwise engaged in the work of the advisory board. Each nonlegislative member appointed by the interim finance committee is entitled to receive compensation for his service on the advisory board in the same amount and manner as the legislative members whether or not the legislature is in session. Each nonlegislative member of the advisory board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Each legislator who is a member of the advisory board is entitled to receive the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All compensation, allowances and travel expenses must be paid from the fund for prison industries.
Sec. 135. NRS 209.4815 is hereby amended to read as follows:
209.4815 The director may establish a procedure for the emergency purchase of supplies, materials or equipment for industrial and agricultural programs in institutions of the department with money dedicated for that purpose. No such purchases may be made without the prior permission of the chief of the purchasing division of the department of [general services.] administration. If such a procedure is established by the director, the provisions of chapter 333 of NRS do not apply to those emergency purchases.
Sec. 136. 209.4827 is hereby amended to read as follows:
209.4827 The director may:
1. With the approval of the board, establish centers to house offenders within a community so they may work to earn wages with which to make restitution to the victims of their crimes.
κ1993 Statutes of Nevada, Page 1522 (CHAPTER 466, AB 782)κ
2. If space is available, assign to the center:
(a) An offender participating in a work or educational release program.
(b) An offender who has been paroled if such a request is made by the [department] division of parole and probation [.] of the department of motor vehicles and public safety.
Sec. 137. NRS 211.340 is hereby amended to read as follows:
211.340 1. In addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.330, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated may deduct not more than 5 days from his term of imprisonment if the prisoner:
(a) Successfully completes a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the local detention facility in which he is incarcerated and a person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of [human resources;] employment, training and rehabilitation; and
(b) Is awarded a certificate evidencing his successful completion of the program.
2. The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.
Sec. 138. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive:
1. Board means the state board of parole commissioners.
2. [Department] Chief means the chief parole and probation officer.
3. Division means the [department] division of parole and probation [.
3. Executive officer means the chief parole and probation officer.] of the department of motor vehicles and public safety.
4. Residential confinement means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. Standards means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief parole and probation officer.
Sec. 139. NRS 213.1071 is hereby amended to read as follows:
213.1071 1. There is hereby created the [department] division of parole and probation [.] of the department of motor vehicles and public safety.
2. The [department] division consists of the [executive officer] chief and such [divisions or] sections as the [executive officer] chief may create with the approval of the [governor.] director of the department of motor vehicles and public safety.
3. The [executive officer] chief of the [department] division is the chief parole and probation officer.
Sec. 140. NRS 213.1072 is hereby amended to read as follows:
213.1072 The [executive officer] chief shall:
1. Administer all activities and services of the [department.] division.
2. Be responsible for the management of the [department.] division.
Sec. 141. NRS 213.1073 is hereby amended to read as follows:
213.1073 The [executive officer] chief may:
1. Organize the [department] division to provide maximum efficiency in carrying out its duties.
κ1993 Statutes of Nevada, Page 1523 (CHAPTER 466, AB 782)κ
2. Appoint the heads of [divisions or] sections as established.
3. Appoint such assistants and other employees as may be required to administer the duties imposed by law upon the board and the [department] division within the limits of appropriations.
4. Set standards of service.
Sec. 142. NRS 213.108 is hereby amended to read as follows:
213.108 1. The state board of parole commissioners is hereby created [.] within the department of motor vehicles and public safety.
2. The board consists of six members appointed by the governor.
3. A chairman of the board must be appointed by the governor. The chairman is the executive officer of the board and shall administer its activities and services and is responsible for its management except as otherwise provided in NRS 213.1085.
4. Except as otherwise provided in subsection 5 and NRS 213.133, a decision on any issued before the board, concurred in by two or more members, is the decision of the board.
5. Any decision on an issue involving a person:
(a) Who committed a capital offense;
(b) Who is serving a life sentence; or
(c) Whose sentence has been commuted by the state board of pardons commissioners,
is the decision of the board if it is concurred in by three members and ratified by a fourth member.
Sec. 143. NRS 213.1091 is hereby amended to read as follows:
213.1091 The [department] division may enter into such contracts and agreements with the Federal Government or any of its agencies as may be necessary, proper and convenient.
Sec. 144. NRS 213.1092 is hereby amended to read as follows:
213.1092 1. The [governor] director of the department of motor vehicles and public safety shall appoint the chief parole and probation officer, who [shall be] is in the unclassified service of the state.
2. The chief parole and probation officer [shall:] must:
(a) Be selected on the basis of his training, experience, capacity and interest in correctional services.
(b) Have had at least 5 years experience in correctional programs, of which at least 3 years were in a responsible administrative position.
3. The principal office of the chief parole and probation officer [shall] must be in Carson City, Nevada.
Sec. 145. NRS 213.1095 is hereby amended to read as follows:
213.1095 The chief parole and probation officer:
1. Is responsible for and shall supervise the fiscal affairs and responsibilities of the [department.
2. Shall present, in conjunction with the budget division of the department of administration, the biennial budget of the department to the legislature.
3.] division.
2. May establish, consolidate and abolish sections within the [department.
4.] division.
3. May establish, consolidate and abolish districts within the state to which assistant parole and probation officers are assigned.
κ1993 Statutes of Nevada, Page 1524 (CHAPTER 466, AB 782)κ
[5.] 4. Shall appoint the necessary supervisory personnel and other assistants and employees as may be necessary for the efficient discharge of the responsibilities of the [department.
6.] division.
5. Is responsible for such reports of investigation and supervision and other reports as may be requested by the board or courts.
[7.] 6. Shall direct the work of all assistants and employees assigned to him.
[8.] 7. Shall formulate methods of investigation, supervision, recordkeeping and reporting.
[9.] 8. Shall develop policies of parole and probation after considering other acceptable and recognized correctional programs and conduct training courses for the staff.
[10.] 9. Shall furnish to each person released under his supervision a written statement of the conditions of parole or probation, instruct any parolee or probationer regarding those conditions, and advise the board or the court of any violation of the conditions of parole and probation.
[11.] 10. At the close of each biennium, shall submit to the governor and the board a report, with statistical and other data, of his work.
Sec. 146. NRS 213.10973 is hereby amended to read as follows:
213.10973 1. The [department] division shall:
(a) Except as otherwise provided in this section, charge each parolee or probationer a fee to defray the cost of his supervision.
(b) Adopt by regulation a schedule of fees to defray the costs of supervision of a parolee or probationer. The regulation must provide for a monthly fee of at least $12.
2. The [executive director] chief may waive the fee to defray the cost of supervision, in whole or in part, if he determines that payment of the fee would create an economic hardship on the parolee or probationer.
3. Unless waived pursuant to subsection 2, the payment by a parolee or probationer of a fee charged pursuant to subsection 1 is a condition of his parole or probation.
Sec. 147. NRS 213.1098 is hereby amended to read as follows:
213.1098 All information obtained in the discharge of official duty by a parole and probation officer or employee of the board [shall be] is privileged and [shall] may not be disclosed directly or indirectly to anyone other than the board, the judge, district attorney or others entitled to receive such information, unless otherwise ordered by the board or judge or unless necessary to perform the duties of the [department.] division.
Sec. 148. NRS 213.10983 is hereby amended to read as follows:
213.10983 1. A parole or probation officer shall immediately deliver to the [department] division any seized, abandoned or unclaimed property, other than an instrument or weapon described in NRS 202.350, which he obtains in the pursuance of his duty, unless he is required to retain the property as evidence pursuant to a court order or directive of the attorney general or a district attorney. Property retained as evidence must be placed in a secured locker for evidence at a law enforcement agency in this state and when released from evidence must be immediately delivered to the [department.] division.
κ1993 Statutes of Nevada, Page 1525 (CHAPTER 466, AB 782)κ
2. The [department] division shall keep [such] the property for return to the owner and, unless it is contraband, return it to him if he submits a claim to the [department] division and establishes his ownership within 1 year after the [department] division comes into possession of it. Contraband includes any property which, if possessed by a parolee or probationer, would constitute a violation of the terms of his parole or probation or any federal or state law. Contraband becomes the property of the [department.] division.
3. Any contraband consisting of controlled substances or dangerous drugs must be disposed of or destroyed as provided by law.
4. If the [department] division is not able to determine the owner of the property within the 1-year period, the [department] division acquires title to it and the chief parole and probation officer shall:
(a) Sell the property at a public auction at the same times and places that confiscated instruments and weapons are sold; or
(b) Retain the property for the official use of the [department.] division.
5. The [department] division shall keep accurate records of all property governed by this section.
Sec. 149. NRS 213.10985 is hereby amended to read as follows:
213.10985 1. A parole or probation officer shall immediately deliver to the [department] division any seized, abandoned or unclaimed instrument or weapon described in NRS 202.350 which he obtains in the pursuance of his duty, unless he is required to retain it as evidence pursuant to a court order or directive of the attorney general or a district attorney. Property retained as evidence must be placed in a secured locker for evidence at a law enforcement agency in this state and when released from evidence must be immediately delivered to the [department.] division.
2. The [department] division shall:
(a) Destroy or direct to be destroyed the instrument or weapon if it is determined to be dangerous to the safety of the public.
(b) Return an instrument or weapon which has not been destroyed pursuant to paragraph (a), upon demand, to any person other than a parolee or probationer:
(1) From whom it was confiscated if that person is acquitted of the public offense or crime of which he was charged; or
(2) Who otherwise claims and establishes ownership of it. Any such instrument or weapon which is not destroyed, returned or claimed within 1 year after the [department] division comes into possession of it becomes the property of the [department.] division.
3. The chief parole and probation officer shall at least once a year order the officers who have custody of such instruments and weapons that have become the property of the [department] division to:
(a) Retain the instrument or weapon for official use by the [department.] division.
(b) Deliver the instruments and weapons to another custodial officer of the [department] division to be sold.
(c) Sell any such instrument or weapon to another law enforcement agency at a price not less than its prevailing market value.
(d) Sell all unretained and unsold instruments and weapons at a public auction to be held at least once in each year, after notice of such public auction describing the instrument or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city of the sale.
κ1993 Statutes of Nevada, Page 1526 (CHAPTER 466, AB 782)κ
auction describing the instrument or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city of the sale.
4. All proceeds of the sales provided for in subsection 3 must be deposited with the state treasurer for credit to the state general fund.
5. Any officer receiving an order as provided in subsection 3 shall comply with such order as soon as practicable.
6. The [department] division shall keep accurate records of all instruments and weapons governed by this section.
Sec. 150. NRS 213.1215 is hereby amended to read as follows:
213.1215 1. Except as otherwise provided in subsections 3, 4 and 5 and in cases where a consecutive sentence is still to be served, if a prisoner sentenced to imprisonment for a term of 3 years or more:
(a) Has not been released on parole previously for that sentence; and
(b) Is not otherwise ineligible for parole,
he must be released on parole 12 months before the end of his term, as reduced by any credits he has earned against his sentence. The board shall prescribe any conditions necessary for the orderly conduct of the parolee upon his release.
2. Each parolee so released must be supervised closely by the [department,] division, in accordance with the plan for supervision developed by the [executive officer] chief pursuant to NRS 213.122.
3. If the board finds, at least 2 months before a prisoner would otherwise be paroled pursuant to subsection 1, that there is a reasonable probability that the prisoner will be a danger to public safety while on parole, the board may require the prisoner to serve the balance of his sentence and not grant the parole provided for in subsection 1.
4. If the prisoner is the subject of a lawful request from another law enforcement agency that he be held or detained for release to that agency, the prisoner must not be released on parole, but released to that agency.
5. If the [department] division has not completed its establishment of a program for the prisoners activities during his parole pursuant to this section, the prisoner must be released on parole as soon as practicable after the prisoners program is established.
6. For the purposes of this section, the determination of the 12-month period before the end of a prisoners term must be calculated without consideration of any credits he may have earned against his sentence had he not been paroled.
Sec. 151. NRS 213.122 is hereby amended to read as follows:
213.122 The [executive officer] chief shall develop a statewide plan for the strict supervision of parolees released pursuant to NRS 213.1215. In addition to such other provisions as the [executive officer] chief deems appropriate, the plan must provide for the supervision of such parolees by assistant parole and probation officers whose caseload allows for enhanced supervision of the parolees under their charge unless, because of the remoteness of the community to which the parolee is released, enhanced supervision is impractical.
κ1993 Statutes of Nevada, Page 1527 (CHAPTER 466, AB 782)κ
Sec. 152. NRS 213.123 is hereby amended to read as follows:
213.123 1. Upon the granting of parole to a prisoner, the board may, when the circumstances warrant, require as a condition of parole that the parolee submit to periodic tests to determine whether the parolee is using any controlled substance. Any such use or any failure or refusal to submit to a test is a ground for revocation of parole.
2. Any expense incurred as a result of any test is a charge against the [department.] division.
Sec. 153. NRS 213.124 is hereby amended to read as follows:
213.124 1. Upon the granting of parole to a prisoner, the board may require the parolee to submit to a program of intensive supervision as a condition of his parole.
2. The [executive officer] chief shall develop a program for the intensive supervision of parolees required to submit to such a program pursuant to subsection 1. The program must include an initial period of electronic supervision of the parolee with an electronic device approved by the [department.] division. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the parolees presence at his residence, including, but not limited to, 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.
Sec. 154. 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] division for restitution.
2. All money received by the [department] division 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.
3. The [department] division 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:
(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.
κ1993 Statutes of Nevada, Page 1528 (CHAPTER 466, AB 782)κ
$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] division requesting the [department] division to make a pro rata payment from the money received from the parolee. If the [department] division finds that the applicant is suffering a serious financial hardship and is in need of financial assistance, the [department] division 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.
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.
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.
8. If, within 3 years after the parolee is discharged from parole, the [department] division has not located the person to whom the restitution was ordered, the money paid to the [department] division by the parolee must be deposited in the fund for the compensation of victims of crime.
Sec. 155. NRS 213.15193 is hereby amended to read as follows:
213.15193 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;] division; 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.
3. An electronic device approved by the [department of parole and probation] division 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.
κ1993 Statutes of Nevada, Page 1529 (CHAPTER 466, AB 782)κ
4. The chief parole and probation officer shall not order a parolee to be placed in residential confinement unless the parolee agrees to be order.
5. Any residential confinement must not extend beyond the unexpired term of the parolees original sentence.
Sec. 156. NRS 213.152 is hereby amended to read as follows:
213.152 1. If a parolee violates a condition of his parole, the board may order him to a term of residential confinement in lieu of suspending his parole and returning him to confinement. In making this determination, the board shall consider the criminal record of the parolee and the seriousness of the crime committed.
2. In ordering the parolee to a term of residential confinement, the board shall:
(a) Require the parolee to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the [department;] division; and
(b) Require intensive supervision of the parolee, including unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.
3. An electronic device approved by the [department of parole and probation] division may be used to supervise a parolee ordered to a term of 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, but not limited to, the transmission of still visual images which do not concern the persons activities while inside his residence. A device which is capable of recording or transmitting:
(a) 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 board shall not order a parolee to a term of residential confinement unless he agrees to the order.
5. A term of residential confinement may not be longer than the unexpired term of the parolees original sentence.
Sec. 157. NRS 213.153 is hereby amended to read as follows:
213.153 The necessary expenses of returning to the state board of parole commissioners a person arrested for violation of parole are a charge against the state and must be paid from money appropriated to the [department of parole and probation.] division. After the appropriation for this purpose is exhausted, money must be allocated to the [department of parole and probation] division out of the reserve for statutory contingency account, upon approval by the state board of examiners, for the payment of these expenses.
Sec. 158. NRS 213.157 is hereby amended to read as follows:
213.157 In any case where a person convicted of a felony in the State of Nevada has served his sentence and been released from prison, and has not been convicted of any offense greater than a traffic violation within 5 years of his release, he may apply to the [department of parole and probation] division requesting restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted.
κ1993 Statutes of Nevada, Page 1530 (CHAPTER 466, AB 782)κ
disabilities which resulted from the offense or crime of which he was convicted. If, after investigation, the [department] division determines that the applicant meets the requirements of this section, it shall petition the district court in which the conviction was obtained for an order granting such restoration and release. If the [department] division refuses to submit such petition, the applicant may, after notice to the [department,] division, petition such court directly for the restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted.
Sec. 159. NRS 213.371 is hereby amended to read as follows:
213.371 As used in NRS 213.371 to 213.410, inclusive, unless the context otherwise requires:
1. [Department] Division means the [department] division of parole and probation [.] of the department of motor vehicles and public safety.
2. Offender means a prisoner assigned to the custody of the [department] division pursuant to NRS 209.429.
3. Residential confinement means the confinement of an offender to his place of residence under the terms and conditions established by the [department.] division.
Sec. 160. NRS 213.380 is hereby amended to read as follows:
213.380 1. The [department] division shall establish procedures for the residential confinement of offenders.
2. The [department] division may establish, and at any time modify, the terms and conditions of the residential confinement, except that the [department] division shall:
(a) Require the offender to participate in regular sessions of education, counseling and any other necessary or desirable treatment in the community;
(b) Require the offender to be confined to his residence during the time he is away from his employment or treatment, or any other activity authorized by the [department;] division; and
(c) Require intensive supervision of the offender, including unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms and conditions of his confinement.
3. An electronic device approved by the [department] division may be used to supervise an offender if it is minimally intrusive and limited in capability to recording or transmitting information concerning the offenders presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the offenders 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 offenders activities while inside his residence,
must not be used.
Sec. 161. NRS 213.400 is hereby amended to read as follows:
213.400 If an offender is absent, without authorization, from his residence, employment, treatment or other activity authorized by the [department:] division:
1. He shall be deemed an escaped prisoner; and
κ1993 Statutes of Nevada, Page 1531 (CHAPTER 466, AB 782)κ
2. The chief parole and probation officer may issue a warrant for his arrest. A peace officer shall execute the warrant in the same manner as ordinary criminal process.
Sec. 162. NRS 213.410 is hereby amended to read as follows:
213.410 1. Before an offender may be returned to the custody of the department of prisons because of his escape or violation of a term or condition of his residential confinement, the [department of parole and probation] division must conduct an inquiry to determine whether the offender has committed acts that would constitute such an escape or violation.
2. The inquiry must be conducted before an inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of the escape or violation; and
(c) Has not recommended the return of the offender to the custody of the department of prisons.
3. The inquiring officer shall:
(a) Provide the offender with notice of the inquiry and of the acts alleged to constitute his escape or violation of a term or condition of his residential confinement, and with an opportunity to be heard on the matter.
(b) Upon completion of the inquiry, submit to the chief parole and probation officer his findings and recommendation regarding the return of the offender to the custody of the department of prisons.
4. After considering the findings and recommendation of the inquiring officer, the chief parole and probation officer shall determine whether to return the offender to the custody of the department of prisons. The decision of the chief parole and probation officer is final.
5. Before returning an offender to the custody of the department of prisons, the [department] division of parole and probation shall provide the offender with a copy of the findings of the inquiring officer.
Sec. 163. NRS 218.225 is hereby amended to read as follows:
218.225 1. At each regular session of the legislature, each legislator is entitled to receive at the expense of the legislative fund from the state printing and micrographics division of the department of [general services] administration the following:
(a) Not to exceed 1,000 letterheads (8 1/2 inches x 11 inches) and 1,000 half size, or 2,000 of either variety;
(b) Not to exceed 1,000 No. 10 envelopes and 1,000 No. 6 3/4 envelopes, or 2,000 of either variety; and
(c) Not to exceed 1,000 business cards and 1,000 memorandum sheets (500 each of the small and large type or 1,000 of either type).
Selections must be made from samples submitted by the superintendent of the state printing and micrographics division of the department of [general services] administration and all printing must be done in the state printing and micrographics division of the department of [general services.] administration.
2. Each female member of the assembly is entitled to have the word Assemblywoman precede the inscription of her name on her official stationery and business cards.
3. All orders for the printing specified in subsection 1 must be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay the claims from the legislative fund in the same manner as other claims against the state are paid.
κ1993 Statutes of Nevada, Page 1532 (CHAPTER 466, AB 782)κ
approve those claims which comply with the provisions of this section and shall pay the claims from the legislative fund in the same manner as other claims against the state are paid.
4. A legislator may purchase from the state printing and micrographics division of the department of [general services] administration official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense.
Sec. 164. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive. Except as otherwise provided in subsection 2, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the constitution or laws of this state.
2. The legislative commission may authorize an entity that is not otherwise authorized pursuant to NRS 218.240 to 218.255, inclusive, to request the preparation of legislative measures to submit requests directly to the legislative counsel and the legal division of the legislative counsel bureau. The legislative commission shall not authorize an entity to request the preparation of more than 10 measures pursuant to this subsection.
3. The legislative counsel shall give consideration to and service concerning any measure before the legislature which is requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
4. The legislative counsel may deliver to the superintendent of the state printing and micrographics division of the department of [general services] administration and request that he print or preset the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 165. NRS 218.2756 is hereby amended to read as follows:
218.2756 1. If the fiscal note is obtained before the bill or joint resolution is introduced the fiscal analysis division shall submit a copy of the note to the requester. If the requester desires to introduce the bill or joint resolution the legislative counsel shall attach a duplicate copy of the note to the bill or joint resolution and shall prepare the bill or joint resolution for introduction. The original, signed copy of the note must be retained by the fiscal analysis division to be used as printers copy after the bill or joint resolution is introduced.
2. If the fiscal note is obtained after the bill or joint resolution has been introduced, the fiscal analysis division shall forward a duplicate copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the original, signed copy to the superintendent of the state printing and micrographics division of the department of [general services] administration for the purposes of printing.
κ1993 Statutes of Nevada, Page 1533 (CHAPTER 466, AB 782)κ
and micrographics division of the department of [general services] administration for the purposes of printing.
3. The triplicate copy of the fiscal note must be retained by the fiscal analysis division.
4. The fiscal analysis division shall send a copy of the fiscal note to the chairman of the standing committee or committees to which the bill or joint resolution has been referred.
Sec. 166. NRS 218.278 is hereby amended to read as follows:
217.278 1. The legislative counsel shall, upon receipt of bills and resolutions for prefiling, number the bills and resolutions consecutively in the same manner as during regular sessions of the legislature and is responsible for the safekeeping of such bills and resolutions.
2. After a bill or resolution has been properly numbered the legislative counsel shall deliver a copy to the superintendent of the state printing and micrographics division of the department of [general services and it must be printed] administration. The superintendent shall print the copy in the same manner as during regular sessions of the legislature. The bill or resolution must contain the introducers name, the date of the convening of the next succeeding regular session of the legislature and the standing committee to which the introducer proposes to refer the prefiled bill, except that any bill for an appropriation other than for the immediate expense of the legislature must bear a date 10 days after the convening of the session.
3. The number of copies to be printed must be determined by the legislative counsel, and the expenses of printing and mailing must be paid from the legislative fund.
4. Unless authorized by the introducer, the legislative counsel shall not release copies of a prefiled bill or resolution to other members of the legislature or to the public.
Sec. 167. NRS 218.290 is hereby amended to read as follows:
218.290 1. The superintendent of the state printing and micrographics division of the department of [general services] administration shall print as many copies of every bill, resolution or fiscal note for any bill introduced in either house of the legislature as are authorized by the secretary of the senate and the chief clerk of the assembly.
2. In printing bills and resolutions the superintendent is authorized:
(a) To set the style and form of the printing.
(b) To correct all errors in spelling or punctuation in the copy furnished him.
(c) To supply the enacting clause if omitted.
3. No change may be made by the superintendent which in any way varies the apparent meaning of a bill or resolution.
Sec. 168. NRS 218.300 is hereby amended to read as follows:
218.300 The superintendent of the state printing and micrographics division of the department of [general services] administration shall, immediately after receipt of the copy of any bill or resolution, print, in addition to the regular authorized number, one copy thereof upon heavy buff paper, which copy must be delivered to the secretary of the senate or to the chief clerk of the assembly. Before the third reading and final passage of the bill or resolution, the legislative counsel shall carefully compare the printed or reprinted copy of the bill or resolution with the triplicate copy thereof and the original amendments as adopted by the house, and, if the printed or reprinted copy is found to be in all respects correct, the legislative counsel shall then certify to the correctness of the bound copy and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be , [;] whereupon the bound copy printed upon buff paper, so compared and certified, is ready for third reading and final passage.
κ1993 Statutes of Nevada, Page 1534 (CHAPTER 466, AB 782)κ
copy of the bill or resolution with the triplicate copy thereof and the original amendments as adopted by the house, and, if the printed or reprinted copy is found to be in all respects correct, the legislative counsel shall then certify to the correctness of the bound copy and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be , [;] whereupon the bound copy printed upon buff paper, so compared and certified, is ready for third reading and final passage.
Sec. 169. NRS 218.350 is hereby amended to read as follows:
218.350 1. The legislative counsel shall transmit copies of passed bills or resolutions without delay, in the order of their receipt, to the superintendent of the state printing and micrographics division of the department of [general services,] administration, taking his receipt therefor. The receipt must bear the date of delivery and give the bill or resolution number.
2. The superintendent shall without delay enroll (print) the bills or resolutions in the order of their receipt by him, and they must be printed in enrolled form, retaining symbols indicating amendments to existing law only. In printing enrolled bills amending existing law, the superintendent, in cooperation with the legislative counsel, shall cause to be printed between brackets the words, phrases or provisions of existing law, if any, which have been stricken out or eliminated by the adoption of the amendment , [;] and shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by the passage of such amendment.
3. In ascertaining the correct reading, status and interpretation of an enrolled bill amending existing law, the matter inserted within brackets must be omitted, and the matter in italics must be read and interpreted as part of the enrolled bill.
4. At least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and resolutions, must be printed on bond paper, and the superintendent shall deliver the enrolled copy of the bill or resolution to the legislative counsel. The legislative counsel shall then carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct the legislative counsel shall present it to the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.
Sec. 170. NRS 218.450 is hereby amended to read as follows:
218.450 The superintendent of the state printing and micrographics division of the department of [general services] administration shall:
1. Receive from the senate or assembly all matter ordered by either house to be printed and bound, or either printed or bound, and shall keep a record of all such work and of the order in which it may be received. When the work is executed he shall deliver the finished sheets or volumes to the sergeant at arms of either house as the case may be, or to any person authorized to receive them.
2. Receive from the legislative counsel and print, or preset the type for printing, legislative measures before their introduction.
κ1993 Statutes of Nevada, Page 1535 (CHAPTER 466, AB 782)κ
3. Upon the request of the director of the legislative counsel bureau, print additional copies of bills and legislative publications for mailing and distribution by the legislative counsel bureau.
4. Perform such duties in connection with the filing and distribution of bills, resolutions, daily journals and other papers as may be required by the rules or special orders of either house of the legislature.
Sec. 171. NRS 218.460 is hereby amended to read as follows:
218.460 1. All requests for mailing or distribution of bills and legislative publications must be filed with the director of the legislative counsel bureau who shall request the superintendent of the state printing and micrographics division of the department of [general services] administration to print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements. The superintendent of the state printing and micrographics division may print only that amount of bills and legislative publications necessary for such requests and requirements.
2. Except as otherwise provided in NRS 218.460 to 218.466, inclusive, no bill or other legislative publication may be distributed without payment therefor of a sum fixed by the director of the legislative counsel bureau.
3. Any person, office or organization, except for those for which provision is otherwise made in NRS 218.460 to 218.466, inclusive, may receive upon request free of charge in any one calendar year a maximum of two copies of each individual bill or resolution specified by bill or resolution number or of each daily history, daily journal or index.
4. The director of the legislative counsel bureau shall fix the cost of such bills and publications, including postage, and such money as may be received by him must be remitted to the legislative counsel bureau for deposit in the legislative fund. Before each session of the state legislature, the director of the legislative counsel bureau shall reanalyze the cost of such bills and publications, including postage, and establish a cost schedule that, as nearly as practicable, reflects the estimated cost to be incurred during the session.
5. The costs of such distributions, including postage, must be paid from the legislative fund.
Sec. 172. NRS 218.470 is hereby amended to read as follows:
218.470 1. During each session of the legislature, the superintendent of the state printing and micrographics division of the department of [general services] administration shall print daily in separate book form a sufficient number of copies of the journal of the previous days proceedings of each house to supply the members and officers of both houses. The secretary of the senate and the chief clerk of the assembly shall determine the number of copies necessary for their respective houses.
2. One copy of the daily journal of each house, upon its approval by the house, shall be authenticated as so approved by the presiding officer and the secretary or chief clerk as the case may be. Upon final adjournment of the legislature the authenticated copies of the daily journal of each house for the entire session shall be properly bound in separate volumes and deposited in the office of the secretary of state as the official journals of both houses of the legislature.
κ1993 Statutes of Nevada, Page 1536 (CHAPTER 466, AB 782)κ
Sec. 173. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of state shall furnish to the superintendent of the state printing and micrographics division of the department of [general services,] administration, within 3 days from the time he receives each one from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
2. The director of the legislative counsel bureau shall:
(a) Distribute one copy of each act as printed to each county clerk, district judge, district attorney and justice of the peace in the state.
(b) Immediately upon the adjournment of the session, collect and have printed and bound advance sheets of all acts, resolution and memorials passed at the session.
(c) Distribute one copy of the advance sheets, without charge, to each justice of the supreme court, the attorney general, the state public defender, and to each county clerk, district judge, district attorney, county public defender, justice of the peace, city attorney and municipal judge in the state, deliver to the supreme court law library a number of copies appropriate to secure the exchange of similar publications from other states, and establish the price at which the advance sheets must be sold to other persons.
3. The legislative counsel shall, immediately upon the adjournment of the session, prepare statutory tables and an index of all acts, resolutions and memorials passed at the session.
4. The superintendent, upon receipt of the statutory tables and index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.
Sec. 174. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the legislative counsel shall have it printed, lithoprinted or reproduced by any other process by the state printing and micrographics division of the department of [general services.] administration. The legislative commission shall determine the number of copies which must be printed or reproduced of each page of each volume of Nevada Revised Statutes with annotations.
2. Upon completion of the final printing or other reproduction the separate volumes must be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The legislative counsel shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales must be deposited in the legislative fund.
3. A master copy of Nevada Revised Statutes must be kept in the office of the legislative counsel, and the master copy must not be removed from the office except in the custody of the legislative counsel.
Sec. 175. NRS 220.140 is hereby amended to read as follows:
220.140 The legislative counsel bureau shall reimburse the superintendent of the state printing and micrographics division of the department of [general services] administration for the cost of printing or reproduction required by this chapter from the legislative fund or from legislative appropriations made for that purpose.
κ1993 Statutes of Nevada, Page 1537 (CHAPTER 466, AB 782)κ
Sec. 176. NRS 235.005 is hereby amended to read as follows:
235.005 As used NRS 235.010 to 235.016, inclusive, unless the context otherwise requires, director means the director of the department of [general services.] administration.
Sec. 177. NRS 235.012 is hereby amended to read as follows:
235.012 1. The director, after consulting with the executive director of the commission on tourism, the administrator of the [department] division of museums and history of the department of museums, library and arts and the [executive director] administrator of the [department] division of minerals [,] of the department of business and industry, may contract with a mint to produce medallions made of gold, silver, platinum or nonprecious metals and bars made of gold, silver or platinum.
2. The decision of the director to award a contract to a particular mint must be based on the ability of the mint to:
(a) Provide a product of the highest quality;
(b) Advertise and market the product properly, including the promotion of museums and tourism in this state; and
(c) Comply with the requirements of the contract.
3. The director shall award the contract to the lowest responsible bidder, except that if in his judgment no satisfactory bid has been received, he may reject all bids.
4. All bids for the contract must be solicited in the manner prescribed in NRS 333.310 and comply with the provisions of NRS 333.330.
Sec. 178. NRS 235.014 is hereby amended to read as follows:
235.014 1. The ore used to produce a medallion or bar must be mined in Nevada, if the ore is available. If it is not available, ore newly mined in the United States may be used. Each medallion or bar made of gold, silver or platinum must be 0.999 fine. Additional series of medallions made of gold, silver or platinum at degrees of fineness of 0.900 or greater may be approved by the director with the concurrence of the interim finance committee. The degree of fineness of the materials used must be clearly indicated on each medallion.
2. Medallions may be minted in weights of 1 ounce, 0.5 ounce, 0.25 ounce and 0.1 ounce.
3. Bars may be minted in weights of 1 ounce, 5 ounces, 10 ounces and 100 ounces.
4. Each medallion must bear on its obverse The Great Seal of the State of Nevada and on its reverse a design selected by the director, in consultation with the executive director of the commission on tourism, the administrator of the [department] division of museums and history of the department of museums, library and arts and the [executive director] administrator of the [department] division of minerals [.] of the department of business and industry.
Sec. 179. NRS 235.016 is hereby amended to read as follows:
235.016 1. The director shall set and collect a royalty for the use of The Great Seal of the State of Nevada from the mint which produces the medallions or bars. The amount of the royalty must be:
(a) Based on the usual and customary fee charged as a commission by dealers of similar medallions or bars; and
κ1993 Statutes of Nevada, Page 1538 (CHAPTER 466, AB 782)κ
(b) Adjusted at least once each year to ensure it is competitive with the usual and customary fee.
2. The director shall report every 6 months to the legislature, if it is in session, or to the interim finance committee, if the legislature is not in session. The report must contain:
(a) The amount of the royalties being charged; and
(b) The information used to determine the usual and customary fee charged by dealers.
3. The money collected pursuant to this section must be deposited in the account for the [department] division of minerals of the department of business and industry created pursuant to NRS 513.103.
Sec. 180. NRS 239.005 is hereby amended to read as follows:
239.005 As used in this chapter division means the division of [archives and records of the] state library and archives [.] of the department of museums, library and arts.
Sec. 181. NRS 239.070 is hereby amended to read as follows:
239.070 1. In lieu of or in addition to the method of recording required or allowed by statute, the county recor der may use microfilm for such recording.
2. The division, in cooperation with the state printing and micrographics division of the department of [general services,] administration, shall provide microfilming service to any local government. The charge for the service must not exceed the actual cost.
3. If microfilming is used:
(a) The microphotographs or micronegative films must be properly indexed and places in conveniently assessable files.
(b) Each film must be designated and numbered.
(c) Provision must be made for preserving, examining and using the films.
4. A duplicate of each such film must be made and kept safely in a separate place.
5. Duplicates of each such film must be made available by the county recorder for sale at a price not exceeding cost upon the request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of each such film available for sale to the public at a price not exceeding cost.
6. The division shall provide services for recording other than microfilming to any local government if the division has the equipment necessary to provide the services. The services provided are subject to the requirements of this section relating to microfilming.
Sec. 182. Chapter 242 of NRS is hereby amended by adding thereto the provisions set forth as sections 183 to 191, inclusive, of this act.
Sec. 183. Board means the information technology advisory board.
Sec. 184. Information service means any service relating to the creation, maintenance, operation or use of an information system.
Sec. 185. Information system means any communications or computer equipment, computer software, procedures, personnel or technology used to collect, process, distribute or store information within the executive branch of state government.
κ1993 Statutes of Nevada, Page 1539 (CHAPTER 466, AB 782)κ
Sec. 186. Information technology means any information, information system or information service acquired, developed, operated, maintained or otherwise used within the executive branch of state government.
Sec. 187. 1. There is hereby created an information technology advisory board. The board consists of:
(a) One member appointed by the majority floor leader of the senate from the membership of the senate standing committee on finance during the immediately preceding session of the legislature.
(b) One member appointed by the speaker of the assembly from the membership of the assembly standing committee on ways and means during the immediately preceding session of the legislature.
(c) Two representatives of using agencies which are major users of the services of the department. The governor shall appoint the two representatives. Each such representative serves for a term of 2 years. For the purposes of this paragraph, an agency is a major user if it is among the top five users of the services of the department, based on the amount of money paid by each agency for the services of the department during the immediately preceding biennium.
(d) The director of the department of administration or his designee.
(e) The superintendent of public instruction of the department of education or his designee.
(f) Three persons appointed by the governor in July of each odd-numbered year as follows:
(1) One person who represents a city or county in this state; and
(2) Two persons who represent the information technology industry but who:
(I) Are not employed by this state;
(II) Do not hold any elected or appointed office in state government;
(III) Do not have an existing contract or other agreement to provide information services, systems or technology to an agency of this state; and
(IV) Are independent of and have no direct or indirect pecuniary interest in a corporation, association, partnership or other business organization which provides information services, systems or technology to an agency of this state.
2. Each person appointed pursuant to paragraph (f) of subsection 1 serves for a term of 2 years. No person so appointed may serve more than 2 consecutive terms.
3. At the first regular meeting of each calendar year, the members of the board shall elect a chairman by majority vote.
Sec. 188. 1. The board shall meet at least once every 3 months and may meet at such further times as deemed necessary by the chairman.
2. Members of the board who are officers or employees of the executive department of state government serve without additional compensation. Members who are not officers or employees of the executive department of state government are entitle to a salary of $80 for each day or part of a day spent on the business of the board. All members of the board are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 189. 1. The board shall:
κ1993 Statutes of Nevada, Page 1540 (CHAPTER 466, AB 782)κ
(a) Advise the department concerning issues relating to information technology, including, without limitation, the development, acquisition, consolidation and integration of, and policies, planning and standards for, information technology.
(b) Periodically review the departments statewide strategic plans and standards manual for information technology.
(c) Review the departments proposed budget before its submission to the budget division of the department of administration.
2. The board may:
(a) With the consent of the department, recommend goals and objectives for the department, including periods and deadlines in which to achieve those goals and objectives.
(b) Upon request by a using agency, review issues and policies concerning information technology to resolve disputes with the department.
(c) Review the plans for information technology of each using agency.
Sec. 190. 1. The department of information services telecommunications fund is hereby created as an internal service fund. The fund is a continuing fund and its money may not revert to the state general fund at any time.
2. Claims against the fund which are approved by the director must be paid as other claims against the state are paid.
3. Claims must be made in accordance with budget and quarterly work allotments and subject to preaudit examination and approval.
Sec. 191. 1. All revenue resulting from both direct and pro rata charges to state departments and agencies for telecommunication service must be deposited in the state treasury for credit to the department of information services telecommunications fund.
2. The formula for spreading costs of operation must be adjusted from time to time to preserve the fund at not less than its initial level.
Sec. 192. NRS 242.011 is hereby amended to read as follows:
242.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [242.021] 242.031 to 242.068, inclusive, and sections 183 to 186, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 193. NRS 242.031 is hereby amended to read as follows:
242.031 Department means the department of [data processing.] information services.
Sec. 194. NRS 242.051 is hereby amended to read as follows:
242.051 Equipment means any machine or device designed for the automatic handling of [coded] information, including but not limited to recording, storage, transmission and retrieval.
Sec. 195. NRS 242.068 is hereby amended to read as follows:
242.068 Using agency means an agency of the state which has a function requiring the use of [equipment.] information technology, information services or an information system.
Sec. 196. NRS 242.071 is hereby amended to read as follows:
242.071 1. The legislature hereby determines and declares that the creation of the department of [data processing] information services is necessary for the coordinated, orderly and economical processing of [data] information in state government, to [insure] ensure economical use of [equipment] information systems and to prevent the unnecessary proliferation of equipment and personnel among the various state agencies.
κ1993 Statutes of Nevada, Page 1541 (CHAPTER 466, AB 782)κ
in state government, to [insure] ensure economical use of [equipment] information systems and to prevent the unnecessary proliferation of equipment and personnel among the various state agencies.
2. The purposes of the department are:
(a) To perform [data processing] information services for state agencies.
(b) To perform technical advice but not administrative control of [data processing] the information systems within the [several] state agencies, county agenc ies and [the] governing bodies and agencies of incorporated cities and towns.
Sec. 197. NRS 242.080 is hereby amended to read as follows:
242.080 1. The department of [data processing] information services is hereby created.
2. The department consists of the director and the : [following divisions:]
(a) Division of systems and programming.
(b) Division of facility management.
(c) Division of planning and research.
(d) Telecommunications division.
(e) Communications division.
Sec. 198. NRS 242.111 is hereby amended to read as follows:
242.111 The director shall adopt regulations necessary for the administration of this chapter, including:
1. The policy for [data processing] the information systems of the executive branch of government, excluding the University of Nevada System and the Nevada criminal justice information computer [operated by the Nevada highway patrol division of the department of motor vehicles and public safety,] system, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for selection, location and use of [data processing equipment,] information systems in order that the [data processing needs] requirements of state agencies and officers may be met at the least cost to the state;
2. The departments procedures in [performing data processing,] providing information services, which may include provision for the performance, by any agency which uses the services or equipment of the department, of preliminary procedures, such as data recording and verification, within the agency;
3. The effective administration of the division of facility management, including security to prevent unauthorized access to [data] information systems and plans for the recovery of systems and applications after they have been disrupted; and
4. Specifications and standards for the employment of all personnel of the department.
Sec. 199. NRS 242.115 is hereby amended to read as follows:
242.115 1. Except as otherwise provided in subsection 2, the division of planning and research of the department [of data processing] shall:
(a) Develop policies and standards for the [data processing requirements] information systems of the executive branch of government;
(b) Coordinate the development of a biennial state plan for the [data processing requirements] information systems of the executive branch of government;
κ1993 Statutes of Nevada, Page 1542 (CHAPTER 466, AB 782)κ
(c) Develop guidelines to assist state agencies in the development of short- and long-term plans for their [data processing requirements;] information systems;
(d) Develop guidelines and procedures for the procurement [of data processing equipment, maintenance of that equipment, procurement of software used with that equipment and programming for the data processing requirements] and maintenance of the information systems of the executive branch of government;
(e) Develop standards to ensure the security of [equipment and information used in data processing activities of the executive branch of government;
(f) Develop guidelines, procedures and specifications for the procurement of hardware and software for personal computers and the maintenance of that equipment for the data processing requirements of the executive branch of government; and
(g)] the information systems of the executive branch of government; and
(f) Perform other planning and research functions at the direction of the director.
2. This section does not apply to the University of Ne vada System or the Nevada criminal justice information computer [operated by the Nevada highway patrol division of the department of motor vehicles and public safety.] system used to provide support for the operations of law enforcement agencies in this state.
Sec. 200. NRS 242.131 is hereby amended to read as follows:
242.131 1. The department shall provide state agencies and elected state officers with all of their required design of information systems . [, programming and use of equipment for data processing, and all] All agencies and officers must use those services and equipment, except as otherwise provided in subsection 2.
2. The following agencies may negotiate with the department for its services or the use of its equipment, subject to the provisions of this chapter, and the department shall provide such services and the use of such equipment as may be mutually agreed:
(a) Court administrator;
(b) Department of motor vehicles and public safety;
(c) Department of transportation;
(d) Employment security [department;] division of the department of employment, training and rehabilitation;
(e) Legislative counsel bureau;
(f) State industrial insurance system;
(g) State controller;
(h) State gaming control board and Nevada gaming commission; and
(i) [Department of wildlife; and
(j)] University of Nevada System.
3. Any state agency or elected state officer who uses the services of the department and desires to withdraw substantially from that use must apply to the director for approval. The application must set forth justification for the withdrawal. If the director denies the application, the agency or officer must:
(a) If the legislature is in regular or special session, obtain the approval of the legislature by concurrent resolution.
κ1993 Statutes of Nevada, Page 1543 (CHAPTER 466, AB 782)κ
(b) If the legislature is not in regular or special session, obtain the approval of the interim finance committee. The director shall, within 45 days after receipt of the application, forward the application together with his recommendation for approval or denial to the interim finance committee. The interim finance committee has 45 days after the application and recommendation are submitted to its secretary within which to consider the application. Any application which is not considered by the committee within the 45-day period shall be deemed approved.
4. If the demand for services or use of equipment exceeds the capability of the department to provide them, the department may contract with other agencies or independent contractors to furnish the required services or use of equipment and is responsible for the administration of the contracts.
Sec. 201. NRS 242.135 is hereby amended to read as follows:
242.135 1. The director may recommend to the governor that a state agency or elected officer that is required to use the departments equipment or services be authorized to employ one or more persons to [perform data processing] provide information services exclusively for the agency or officer if:
(a) The director finds that it is in the best interests of the state to authorize the employment by the agency or elected officer;
(b) The agency or elected officer agrees to provide annually to the department sufficient information to determine whether the authorized employment continues to be in the best interests of the state; and
(c) The agency or elected officer agrees to ensure that the person or persons employed complies with the provisions of this chapter and the regulations adopted thereunder.
2. The director may recommend to the governor the revocation of the authority of a state agency or elected officer to employ a person or persons pursuant to subsection 1 if the director finds that the person or persons employed have not complied with the provisions of this chapter or the regulations adopted thereunder.
Sec. 202. NRS 242.151 is hereby amended to read as follows:
242.151 The director shall advise the using agencies regarding:
1. The policy for [data processing] information services of the executive branch of government, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for the selection, location and use of [data processing equipment] information systems in order that the [data processing needs] requirements of state agencies and officers may be met at the least cost to the state;
2. The procedures in performing [data processing;] information services; and
3. The effective administration and use of the computer facility, including security to prevent unauthorized access to data and plans for the recovery of systems and applications after they have been disrupted.
Sec. 203. NRS 242.171 is hereby amended to read as follows:
242.171 1. The department is responsible for [the] :
(a) The applications of [data processing, for designing systems and placing them] information systems;
(b) Designing and placing those systems in operation [, and for the] ;
κ1993 Statutes of Nevada, Page 1544 (CHAPTER 466, AB 782)κ
(c) Any application of an information system which it furnishes to state agencies and officers after negotiation; and
(d) The writing, testing and performance of programs,
for the state agencies and elected state officers which are required to use its services. [The department is also responsible for those applications which it furnishes to state agencies and officers after negotiation.]
2. The director shall review and approve or disapprove, pursuant to standards for justifying cost, any application of [data processing] an information system having an estimated developmental cost of $50,000 or more. No using agency may commence development work on any such applications until approval and authorization have been obtained from the director.
Sec. 204. NRS 242.181 is hereby amended to read as follows:
242.181 1. Any state agency or elected state officer which uses the equipment [of the division of facility management] or services of the department shall adhere to the regulations, standards, practices, policies and conventions [for the division prescribed by the director.] of the department.
2. The [division] department shall provide services to each agency uniformly with respect to degree of service, priority of service, availability of service and cost of service.
Sec. 205. NRS 242.211 is hereby amended to read as follows:
242.211 1. The [data processing] fund for information services is hereby created as an internal service fund. Money from the fund must be paid out on claims as other claims against the state are paid. The claims must be made in accordance with budget allotments and are subject to preaudit examination and approval.
2. All operating, maintenance, rental, repair and replacement costs of equipment and all salaries of personnel assigned to the department must be paid from the [data processing] fund.
3. Each agency using the services of the department shall pay a fee for that use to the [data processing] fund, which must be set by the director in an amount sufficient to reimburse the department for the entire cost of providing those services, including overhead. Each using agency shall budget for those services. All fees, proceeds from the sale of equipment [,] and any other money received by the department must be deposited with the state treasurer for credit to the appropriate fund.
Sec. 206. NRS 242.221 is hereby amended to read as follows:
242.221 1. All claims made pursuant to NRS [242.121] 242.125 to 242.241, inclusive, and sections 187 to 191, inclusive, of this act, must, when approved by the department, be audited and paid as other claims against the state are paid.
2. If the state controller finds that current claims against the [data processing] fund for information services exceed the amount available in the fund to pay the claims, he may advance temporarily from the state general fund to the appropriate fund the amount required to pay the claims, but no more than 25 percent of the [revenues] revenue expected to be received in the current fiscal year from any source authorized for the fund. No amount may be transferred unless requested by the chief of the budget division of the department of administration.
κ1993 Statutes of Nevada, Page 1545 (CHAPTER 466, AB 782)κ
Sec. 207. NRS 242.231 is hereby amended to read as follows:
242.231 Upon the receipt of a statement submitted pursuant to subsection 2 of NRS 242.191, each agency shall authorize the state controller by transfer or warrant to draw money from the agencys account in the amount of the statement for transfer to or placement in the [data processing fund.] fund for information services.
Sec. 208. NRS 242.241 is hereby amended to read as follows:
242.241 1. Until the construction costs of $535,600 for the computer facility in Carson City, Nevada, have been paid, the director shall pay annually from the [data processing] fund for information services to the state treasurer for deposit in the state general fund 2 percent of the facilitys original acquisition cost.
2. For any subsequent capital additions to the computer facility, the director shall pay annually from that fund to the state treasurer for deposit in the state general fund 2 percent of the original cost of such capital additions, until this cost has been fully paid.
Sec. 209. NRS 244.327 is hereby amended to read as follows:
244.327 The board of county commissio ners [shall] have power and jurisdiction in their respective counties to:
1. Execute contracts or agreements with the [state department] division of agriculture of the department of business and industry pursuant to the provisions of NRS 561.245; and
2. Make [funds] money and contributions available to the [state department] division of agriculture pursuant to the provisions of NRS 561.255.
Sec. 210. NRS 244A.689 is hereby amended to read as follows:
244A.689 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for a manufacturing, industrial or warehousing enterprise or an organization for research and development, a health and care facility or a supplemental facility for a health and care facility.
2. The refinancing of any land, building or other improvement and any real and personal property necessary for a health and care facility or a supplemental facility for a health and care facility.
3. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any natural person, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
(b) In connection with the furnishing of water if available on reasonable demand to members of the general public.
(c) In connection with the furnishing of energy or gas.
4. Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.
κ1993 Statutes of Nevada, Page 1546 (CHAPTER 466, AB 782)κ
5. Any undertaking by a public utility, in addition to that allowed by subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
6. In addition to the kinds of property described in subsections 2 and 3, if the project is for the generation and transmission of electricity, any other property necessary or useful for that purpose, including without limitation any leases and any rights to take water or fuel.
7. The preservation of any historic structure or its restoration for its original or another use, if the plan has been approved by the [division] office of historic preservation [and archeology] of the [state] department of [conservation and natural resources.] museums, library and arts.
Sec. 211. NRS 244A.720 is hereby amended to read as follows:
244A.720 1. The board may exercise its power to issue bonds and to redeem them by requesting the director of the department of [commerce] business and industry to issue bonds to finance any project for which bonds could be issued pursuant to NRS 244A.669 to 244A.763, inclusive.
2. If the director believes that the bonds are marketable under the terms set forth in the resolution of the board requesting their issuance, he may proceed to issue them as special obligations of the state, secured only by the revenues, mortgage or pledge specified in the resolution.
3. The director may receive and disburse the revenues of each project for which he has issued bonds, and may charge from those revenues, or directly to the county if those revenues are not sufficient, a reasonable compensation for his services. The director may exercise any power which the board would have to collect payments due from the obligor.
Sec. 212. NRS 245.185 is hereby amended to read as follows:
245.185 1. To assist handicapped persons certified by the rehabilitation division of the department of [human resources,] employment, training and rehabilitation, the board of county commi ssioners of each county is encouraged and authorized to make temporary limited appointments of certified handicapped persons for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A handicapped person who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible.
2. Each such handicapped person must possess the training and experience necessary for the position for which he is certified. The rehabilitation division must be notified of the request of the board of county commissioners for a list of eligibility on which the names of one or more certified handicapped persons appear. A temporary limited appointment of a certified handicapped person pursuant to this section constitutes the persons examination as required by NRS 284.215.
3. The board of county commissioners shall adopt regulations to carry out the provisions of this section.
4. This section does not prevent a county from employing a person who is:
(a) Physically handicapped if he is available and eligible for permanent employment.
(b) Handicapped and employed pursuant to the provisions of this section in permanent employment if he qualifies for permanent employment before the termination of his temporary limited appointment.
κ1993 Statutes of Nevada, Page 1547 (CHAPTER 466, AB 782)κ
5. If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employees probationary period.
Sec. 213. NRS 268.4065 is hereby amended to read as follows:
268.4065 1. To assist handicapped persons certified by the rehabilitation division of the department of [human resources,] employment, training and rehabilitation, the governing body of each city is encouraged and authorized to make temporary limited appointments of certified handicapped persons for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A handicapped person who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible.
2. Each such handicapped person must possess the training and experience necessary for the position for which he is certified. The rehabilitation division must be notified of the request of the governing body of a city for a list of eligibility on which the names of one or more certified handicapped persons appear. A temporary limited appointment of a certified handicapped person pursuant to this section constitutes the persons examination as required by NRS 284.215.
3. The governing body of the city shall adopt regulations to carry out the provisions of this section.
4. This section does not prevent a city from employing a person who is:
(a) Physically handicapped if he is available and eligible for permanent employment.
(b) Handicapped and employed pursuant to the provisions of this section in permanent employment if he qualifies for permanent employment before the termination of his temporary limited appointment.
5. If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employees probationary period.
Sec. 214. NRS 268.539 is hereby amended to read as follows:
268.539 1. The governing body may exercise its power to issue bonds and to redeem them by requesting the director of the department of [commerce] business and industry to issue bonds to finance any project for which bonds could be issued pursuant to NRS 268.512 to 268.568, inclusive.
2. If the director believes that the bonds are marketable under the terms set forth in the resolution of the governing body requesting their issuance, he may proceed to issue them as special obligations of the state, secured only by the revenues, mortgage or pledge specified in the resolution.
3. The director may receive and disburse the revenues of each project for which he has issued bonds, and may charge from those revenues, or directly to the city if those revenues are not sufficient, a reasonable compensation for his services. The director may exercise any power which the governing body would have to collect payments due from the obligor.
Sec. 215. NRS 274.200 is hereby amended to read as follows:
274.200 1. Approval of designated specially benefited zones must be made by the governor by certification of the designating ordinance. The governor shall promptly issue a certificate for each specially benefited zone upon his approval. The certificate must be signed by the governor, must make specific reference to the designating ordinance, which must be attached thereto, and must be filed in the office of the secretary of state.
κ1993 Statutes of Nevada, Page 1548 (CHAPTER 466, AB 782)κ
specific reference to the designating ordinance, which must be attached thereto, and must be filed in the office of the secretary of state. A certified copy of the certificate, or a duplicate original thereof, must be filed with the county recorder of the county in which the specially benefited zone lies.
2. A specially benefited zone is effective upon its certification. The administrator shall transmit a copy of the certification to the department of taxation, the employment security division of the department of employment, training and rehabilitation and to the designating municipality. The terms and provisions of the designating ordinance become effective upon certification of the specially benefited zone, and may not be amended or repealed except as otherwise provided in NRS 274.280.
3. Except as otherwise provided in NRS 274.280, the designating ordinance and the certification remain in effect for 20 years, or for a lesser number of years specified in the ordinance, and terminate at midnight of December 31 of the final year of the certified term.
4. No more than eight specially benefited zones may be approved by the governor in any year. In any year, the governor may not approve more than three zones located within the same county, whether within its cities or within the unincorporated areas, nor more than three zones in the same city. The governor may approve specially benefited zones in each of the 6 years commencing with 1984. Thereafter, the governor may not approve any additional specially benefited zones, but may amend or rescind certifications of existing zones as provided in NRS 274.280.
Sec. 216. NRS 274.270 is hereby amended to read as follows:
274.270 1. The governing body shall investigate the proposal made by a business pursuant to NRS 274.260, and if it finds that the business is qualified by financial responsibility and business experience to create and preserve employment opportunities in the specially benefited zone and improve the economic climate of the municipality and finds further that the business did not relocate from a depressed area in this state or reduce employment elsewhere in Nevada in order to expand in the specially benefited zone, the governing body may, on behalf of the municipality, enter into an agreement with the business, for a period of not more than 20 years, under which the business agrees in return for one or more of the benefits authorized in this chapter and NRS 374.643 for qualified businesses, as specified in the agreement, to establish, expand, renovate or occupy a place of business within the specially benefited zone and hire new employees at least 35 percent of whom at the time they are employed are at least one of the following:
(a) Unemployed persons who have resided at least 6 months in the municipality.
(b) Persons eligible for employment or job training under any federal program for employment and training who have resided at least 6 months in the municipality.
(c) Recipients of benefits under any state or county program of public assistance, including aid to dependent children, aid to the medically indigent and unemployment compensation who have resided at least 6 months in the municipality.
(d) Persons with a physical or mental handicap who have resided at least 6 months in the state.
κ1993 Statutes of Nevada, Page 1549 (CHAPTER 466, AB 782)κ
(e) Residents for at least 1 year of the area comprising the specially benefited zone.
2. To determine whether a business is in compliance with an agreement, the governing body:
(a) Shall each year require the business to file proof satisfactory to the governing body of its compliance with the agreement.
(b) May conduct any necessary investigation into the affairs of the business and may inspect at any reasonable hour its place of business within the specifically benefited zone.
If the governing body determines that the business is in compliance with the agreement, it shall issue a certificate to that effect to the business. The certificate expires 1 year after the date of its issuance.
3. The governing body shall file with the administrator, the department of taxation and the employment security division of the department of employment, training and rehabilitation a copy of each agreement, the information submitted under paragraph (a) of subsection 2 and the current certificate issued to the business under that subsection. The governing body shall immediately notify the administrator, the department of taxation and the employment security division of the department of employment, training and rehabilitation whenever the business is no longer certified.
Sec. 217. NRS 281.150 is hereby amended to read as follows:
281.150 1. Pursuant to the provisions of NRS 284.343, any department, board, commission or agency of the State of Nevada may authorize the expenditure of public money or expend public money for the payment of educational leave stipends to any officer or employee of the State of Nevada.
2. Notwithstanding the provisions of NRS 284.343, the welfare division of the department of human resources may, where part of the cost of educational leave stipends may be paid from funds made available by the Federal Government or another source to assist in increasing the effectiveness and efficiency of administration of public welfare programs by increasing the number of adequately trained personnel available for work in public welfare programs, grant educational leave stipends. No person may be granted educational leave stipends under the provisions of this subsection until [such] the person has entered into a contract with the welfare division whereby [such] the person agrees to pursue only courses required for social work degrees and to return to the employ of [such] the division on the basis of 1 year for each 9 months educational leave taken or to refund the amount of such stipends. Performance of the employment contract may be waived by the state welfare board in cases of extreme hardship or other valid excuse.
3. The provisions of NRS 284.343 [shall not be construed to] do not apply to employees of the rehabilitation division of the department of [human resources] employment, training and rehabilitation where the educational expenses are paid from [funds] money made available by the Federal Government or another source to assist the recipient to remain current in techniques and procedures relating to his employment. No person may be granted assistance under this subsection without the prior approval of the [administrator] director of the department of employment, training and rehabilitation [division] as to educational subject matter.
κ1993 Statutes of Nevada, Page 1550 (CHAPTER 466, AB 782)κ
Sec. 218. NRS 281.210 is hereby amended to read as follows:
281.210 1. Except as otherwise provided in this section, it is unlawful for any person acting as a school trustee, state, township, municipal or county officer, or as an employing authority of the University of Nevada, any school district or of the state, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University of Nevada, any relative of such a person or of any member of such a board, agency or commission, within the third degree of consanguinity or affinity.
2. This section does not apply:
(a) To school districts, when the teacher or other school employee so related is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and receives a unanimous vote of all members of the board of trustees and approval by the state department of education.
(b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more before April 1, 1957.
(c) To the spouse of the warden of an institution or manager of a facility of the department of prisons.
(d) To the spouse of the superintendent of the Caliente youth center.
(e) To relatives of blind officers and employees of the bureau of services to the blind of the rehabilitation division of the department of [human resources] employment, training and rehabilitation when such relatives are employed as automobile drivers for such officers and employees.
3. Nothing in this section:
(a) Prevents any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service is met out of the personal [funds] money of the officer.
(b) Disqualifies any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
4. A person employed contrary to the provisions of this section must not be compensated for such employment.
5. Any person violating any provisions of this section is guilty of a gross misdemeanor.
Sec. 219. Chapter 282 of NRS is hereby amended by adding thereto a new section to read as follows:
The secretary of state shall ensure that state officers comply with the provisions of this chapter.
Sec. 220. NRS 284.173 is hereby amended to read as follows:
284.173 1. Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.
2. An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
κ1993 Statutes of Nevada, Page 1551 (CHAPTER 466, AB 782)κ
methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid under the provisions of NRS 281.160.
(b) There must be no:
(1) Withholding of income taxes by the state;
(2) Industrial insurance coverage provided by the state;
(3) Participation in group insurance plans which may be available to employees of the state;
(4) Participation or contributions by either the independent contractor or the state to the public employees retirement system;
(5) Accumulation of vacation leave or sick leave; or
(6) Unemployment compensation coverage provided by the state if the requirements of NRS 612.085 for independent contracts are met.
4. An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.
5. Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as otherwise provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $750.
6. Except as otherwise provided in subsection 7, and except contracts entered into by the University of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners, but the state board of examiners may authorize its clerk to approve contracts which are for amounts less than $2,000 or in contracts necessary to preserve life and property, for amounts less than $5,000. The state board of examiners shall adopt regulations to carry out the provisions of this section.
7. Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:
(a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.
(b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings, if the contracting process was controlled by the rules of open competitive bidding.
(c) Contracts executed by the housing division of the department of [commerce.] business and industry.
κ1993 Statutes of Nevada, Page 1552 (CHAPTER 466, AB 782)κ
(d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.
Sec. 221. NRS 284.327 is hereby amended to read as follows:
284.327 1. To assist handicapped persons certified by the rehabilitation division of the department of [human resources,] employment, training and rehabilitation, appointing authorities are encouraged and authorized to make temporary limited appointments of certified handicapped persons for not to exceed 700 hours notwithstanding that the positions so filled are continuing positions. Certified handicapped persons must be placed on appropriate eligible lists. All such handicapped persons must possess the training and experience necessary for the positions for which they are certified. The rehabilitation division must be notified of an appointing authoritys request for an eligible list on which the names of one or more certified handicapped persons appear. A temporary limited appointment of a certified handicapped person pursuant to this section constitutes the persons examination as required by NRS 284.215.
2. The director shall adopt regulations to carry out the provisions of subsection 1.
3. This section does not deter or prevent appointing authorities from employing:
(a) Physically handicapped persons when available and eligible for permanent employment.
(b) Handicapped persons employed pursuant to the provisions of subsection 1 in permanent employment if the persons qualify for permanent employment before the termination of their temporary limited appointments.
4. If a person appointed pursuant to this section is subsequently appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof counts toward the employees probationary period.
Sec. 222. NRS 286.110 is hereby amended to read as follows:
286.110 1. An actuarially funded system of retirement providing benefits for the retirement, disability or death of employees of public employers is hereby established and shall be known as the public employees retirement system. The system is a public agency supported by administrative fees transferred from the retirement funds. The executive and legislative departments of the state government shall regularly review the system.
2. The system is entitled to use any services provided to state agencies, and shall use the services of the purchasing division of the department of [general services,] administration, but is not required to use any other service. The purpose of this subsection is to provide to the board the necessary autonomy for an efficient and economic administration of the system and its program.
3. The official correspondence and records, other than the files of individual members or retired employees, and the minutes and books of the system are public records and are available for public inspection.
4. The respective participating public employers are not liable for any obligation of the system.
Sec. 223. NRS 287.130 is hereby amended to read as follows:
287.130 For the purposes of NRS 287.050 to 287.240, inclusive, state agency means the employment security division of the department of employment, training and rehabilitation or such other agency as the governor may appoint to administer NRS 287.050 to 287.240, inclusive.
κ1993 Statutes of Nevada, Page 1553 (CHAPTER 466, AB 782)κ
employment, training and rehabilitation or such other agency as the governor may appoint to administer NRS 287.050 to 287.240, inclusive.
Sec. 224. NRS 287.210 is hereby amended to read as follows:
287.210 1. There is hereby established a special fund to be known as the social security administration fund. [Such fund shall consist] The fund consists of and there [shall] must be deposited in [such] the fund:
(a) All payments made by participating coverage groups for assessments established by regulations adopted pursuant to NRS 287.050 to 287.240, inclusive, to provide for the costs incurred by the state agency in administering NRS 287.050 to 287.240, inclusive.
(b) All [moneys] money appropriated thereto under NRS 287.050 to 287.240, inclusive.
(c) All remaining [moneys] money collected for administration expense pursuant to chapter 103, Statutes of Nevada 1953, and regulations relating thereto.
2. The social security administration fund [shall be established and shall] must not be commingled with other state funds but [shall] must be maintained in a separate account on the books of the depository . [; and withdrawals] Withdrawals from the fund are authorized and [shall] may be used for:
(a) The payment of administrative costs of NRS 287.050 to 287.240, inclusive;
(b) The payment of advances to the administrative fund of the state agency covering estimated administrative costs of NRS 287.050 to 287.240, inclusive;
(c) Refunds of assessments paid by participating coverage groups which are not otherwise adjustable; and
(d) Reimbursement of advances made by the employment security division of the department of employment, training and rehabilitation for costs of administration of chapter 103, Statutes of Nevada 1953.
[3. The sum of $2,000 is hereby appropriated out of any money in the state treasury not otherwise appropriated and the state treasure is directed to transfer that sum to a special fund which shall be known as the social security administration fund. The sum of $2,000 hereby appropriated shall revert to the general fund when the state agency shall certify to the state treasurer that all advances made by the employment security department for the cost of the administration of chapter 103, Statutes of Nevada 1953, have been paid and the balance in the fund is equal to $4,000.]
Sec. 225. NRS 315.977 is hereby amended to read as follows:
315.977 1. The Nevada rural housing authority, consisting of five commissioners appointed by the governor, is hereby created [.] within the department of business and industry.
2. The governor shall appoint:
(a) Two commissioners who have experience in banking, real estate or homebuilding.
(b) Three commissioners who are representatives of the general public.
3. At least four of the commissioners must be residents of counties whose population is less than 100,000.
4. A majority of the commissioners constitutes a quorum, and a vote of the majority is necessary to carry any question.
κ1993 Statutes of Nevada, Page 1554 (CHAPTER 466, AB 782)κ
Sec. 226. 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 NRS 474.580 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;
4. Coordinate fire protection activities with the state forester firewarden and the [state board of forestry and fire control;] advisory board on natural resources; and
5. Cooperate with the state forester firewarden and the [state board of forestry and fire control] advisory board on natural resources in formulating a statewide plan for the prevention and control of fires.
Sec. 227. NRS 319.020 is hereby amended to read as follows:
319.020 The legislature finds and declares that:
1. There exists a serious shortage of decent, safe and sanitary housing in this state available to persons and families of low and moderate income and that many other persons and families are unable to secure or afford, without assistance, decent, safe and sanitary housing.
2. This condition is conducive to disease, crime, environmental decline and poverty, impairs the economic value of large areas, which are characterized by depreciated value, impaired investments, reduced capacity to pay taxes, and lack of new development to meet the needs of area residents, and is a menace to the health, safety, morals and welfare of the residents of this state.
3. This condition results in a loss of population and further deterioration accompanied by added costs to communities for creation of new public facilities and services elsewhere.
4. It is difficult and uneconomic for individual owners independently to remedy this condition.
5. One major cause of this condition has been recurrent shortages of money from private sources, and such shortages have contributed to reductions in construction of new residential housing and have made the sale and purchase of existing residential housing a virtual impossibility in certain parts of the state. Other causes of this condition include increases in rental values and decreases in the availability of federal funding for housing.
6. The ordinary operations of private enterprise have not in the past corrected these conditions.
7. The reduction in housing construction has caused substantial unemployment and underemployment in the construction industry which, together with the shortage of affordable housing, results in hardships, wastes human resources, increases the public assistance burdens of the state, impairs the security of family life, impedes the economic and physical development of the state and adversely affects the welfare, health and prosperity of all the people of this state.
κ1993 Statutes of Nevada, Page 1555 (CHAPTER 466, AB 782)κ
8. A stable supply of adequate money for the financing and provision of other assistance to obtain housing is required to encourage new housing in an orderly and sustained manner, to increase the availability of affordable housing, and thereby to reduce these detrimental results.
9. It is necessary to create a housing division in the department of [commerce] business and industry to encourage the investment of private capital and stimulate the financing of housing through the use of public financing to provide mortgage loans and to make loans to and purchase mortgage loans from mortgage lenders, and to perform any other function authorized by this chapter.
10. It is appropriate for the housing division to issue obligations regardless of their characterization for the purposes of federal income taxation by the United States Department of the Treasury.
11. All of the purposes set forth in this chapter are public purposes and uses for which public money may be borrowed, expended, advanced, loaned or granted.
This chapter must be liberally construed to accomplish the public purposes and alleviate the detrimental conditions set forth in this section.
Sec. 228. NRS 319.040 is hereby amended to read as follows:
319.040 Administrator means the administrator of the [housing division of the department of commerce.] division.
Sec. 229. NRS 319.050 is hereby amended to read as follows:
319.050 Division means the housing division of the department of [commerce.] business and industry.
Sec. 230. NRS 321.001 is hereby amended to read as follows:
321.001 1. The division of state lands shall acquire and hold in the name of the State of Nevada all lands and interests in land owned or required by the state except:
(a) Lands or interests used or acquired for highway purposes;
(b) Lands or interests the title to which is vested in the board of regents of the University of Nevada;
(c) Offices outside state buildings leased by the chief of the buildings and grounds division of the department of [general services] administration for the use of state officers and employees; or
(d) Lands or interests used or acquired for the legislature or its staff,
and shall administer all lands it holds which are not assigned for administration to another state agency.
2. If additional land or an interest in land is required for the use of any state agency except the department of transportation or the University of Nevada, the agency shall select a site approved by the state public works board, obtain an appraisal of the land to be acquired, and obtain the approval of the legislature if required by law. The division of state lands shall then obtain the land or interest by negotiation or if necessary by exercising the states power of eminent domain. Title must be taken in the name of the State of Nevada.
3. The division of state lands may acquire and hold land and interests in land required for any public purpose, including the production of public revenue. Title must be taken in the name of the State of Nevada.
κ1993 Statutes of Nevada, Page 1556 (CHAPTER 466, AB 782)κ
Sec. 231. NRS 321.385 is hereby amended to read as follows:
321.385 The state land registrar, after consultation with the division of forestry of the state department of conservation and natural resources, may:
1. Sell timber from any land owned by the State of Nevada which is not assigned to the [department of wildlife.] division of wildlife of the state department of conservation and natural resources.
2. At the request of the [director of the department of wildlife,] administrator of the division of wildlife of the state department of conservation and natural resources, sell timber from any land owned by the State of Nevada which is assigned to the [department] division of wildlife. Revenues from the sale of such timber must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
Sec. 232. NRS 321.400 is hereby amended to read as follows:
321.400 As used in NRS 321.390 to 321.470, inclusive [:
1. Advisory group means the Eldorado Valley advisory group.
2. Commission] , commission means the Colorado River commission.
Sec. 233. NRS 321.450 is hereby amended to read as follows:
321.450 1. The commission [, with the advice of the advisory group,] and the board of county commissioners of Clark County may undertake such engineering and planning studies and surveys and take such other action as may be necessary for the development of Eldorado Valley.
2. The commission, with the concurrence of the legislative commission shall sell and dispose of lands in the Eldorado Valley in accordance with plans and procedures adopted by it.
3. Unless another proposal is pending as described in subsection 4, the board of county commissioners of Clark County may at any time propose to purchase part or all of the land described in subsection 2 of NRS 321.410. If the proposal is rejected by the commission, the board of county commissioners may request a hearing on the matter before the legislative commission.
4. The commission shall notify the board of county commissioners of Clark County of any proposal made by a person who appears to be ready, willing and able to purchase any of the land described in subsection 2 of NRS 321.410. The board may, within 60 days, comment on the proposal or make an offer to purchase any of the land. The commission shall submit the proposal or proposals to the legislative commission for its concurrence.
5. Sale of land to any purchaser must be made pursuant to the terms and conditions established by federal law or by the Secretary of the Interior, and the price must include a sum sufficient to reimburse the state for all its actual costs.
6. The commission, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges the state may have to purchase any portion, part or parcel of the lands described in NRS 321.410. Any such relinquishment must be made by written instrument, be approved by the attorney general, and be forwarded to the Secretary of the Interior.
[7. The commission shall provide the members of the advisory group with industrial insurance through the state industrial insurance system and shall budget and pay for the premiums for that insurance.]
κ1993 Statutes of Nevada, Page 1557 (CHAPTER 466, AB 782)κ
Sec. 234. NRS 321.5967 is hereby amended to read as follows:
321.5967 1. There is hereby created a board of review composed of:
(a) The director of the state department of conservation and natural resources;
(b) The administrator of the division of environmental protection of the state department of conservation and natural resources;
(c) The [executive director] administrator of the [department] division of minerals [;] of the department of business and industry;
(d) The administrator of the division of state parks of the state department of conservation and natural resources;
(e) The state engineer;
(f) The state forester firewarden;
(g) The chairman of the state environmental commission;
(h) The [executive director of the state department of agriculture;] administrator of the division of agriculture of the department of business and industry;
(i) The chairman of the board of wildlife commissioners; and
(j) The administrator of the [division] office of historic preservation [and archeology] of the [state] department of [conservation and natural resources.] museums, library and arts.
2. The chairman of the state environmental commission shall serve as chairman of the board.
3. The board shall meet at such times and places as are specified by a call of the chairman. Six members of the board constitute a quorum. The affirmative vote of a majority of the board members present is sufficient for any action of the board.
4. Except as otherwise provided in this subsection, the members of the board serve without compensation. The chairman of the state environmental commission and the chairman of the board of wildlife commissioners are entitled to receive a salary of not more than $80, as fixed by the board, for each days attendance at a meeting of the board.
5. 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.
6. The board:
(a) Shall review and approve or disapprove all regulations proposed by the state land registrar pursuant to NRS 321.597.
(b) May review any decision of the state land registrar made pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS 321.5987, and affirm, modify or reverse the decision.
(c) Shall review any plan or statement of policy concerning the use of lands in Nevada under federal management which is submitted by the state land use planning agency.
Sec. 235. NRS 331.010 is hereby amended to read as follows:
331.010 The following words [shall] and terms have the following [meaning] meanings within the purview of NRS 331.010 to 331.150, inclusive, and [shall] must be so construed:
1. Buildings and grounds division means the buildings and grounds division of the department of [general services.
κ1993 Statutes of Nevada, Page 1558 (CHAPTER 466, AB 782)κ
2.] administration.
2. Chief means the chief of the buildings and grounds division.
3. Director means the director of the department of [general services.
3. Superintendent means the chief of the buildings and grounds division.] administration.
Sec. 236. NRS 331.040 is hereby amended to read as follows:
331.040 The [superintendent] chief shall be selected with special reference to his training, experience, capacity and interest in the activities embraced within NRS 331.010 to 331.150, inclusive.
Sec. 237. NRS 331.060 is hereby amended to read as follows:
331.060 1. The [superintendent] chief shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners, police officers and other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.150, inclusive. Police officers employed by the [superintendent] chief have the powers of peace officers.
2. The employees shall perform duties as assigned by the [superintendent.] chief.
3. The [superintendent] chief is responsible for the fitness and good conduct of all employees.
Sec. 238. NRS 331.070 is hereby amended to read as follows:
331.070 1. The [superintendent] chief shall have supervision over and control of all state buildings, grounds, and properties not otherwise provided for by law.
2. He shall direct the making of all repairs and improvements on the buildings and grounds mentioned in subsection 1.
3. All officers, departments, boards, commissions and agencies shall make requisition upon him for any repairs or improvements necessary in buildings or parts thereof owned by or leased to the state and occupied by such officers, departments, boards, commissions or agencies.
Sec. 239. NRS 331.080 is hereby amended to read as follows:
331.080 1. The [superintendent shall have authority to] chief may expend appropriated [funds] money to meet expenses for the care, maintenance and preservation of the buildings, grounds and the appurtenances [mentioned] identified in NRS 331.070, and for the repair of the furniture and fixtures therein.
2. He shall take proper precautions against damage thereto, or to the furniture, fixtures or other public property therein.
Sec. 240. NRS 331.085 is hereby amended to read as follows:
331.085 The [superintendent] chief may charge the various state departments, agencies and institutions for the cost of labor and materials for extra services provided to their respective offices by the buildings and grounds division. Extra services for which [such] these charges may be made include , but are not limited to , office remodeling, furniture construction and moving. [Moneys] Money received by the [superintendent] chief for this purpose [shall] must be deposited in the buildings and grounds operating fund in the state treasury.
κ1993 Statutes of Nevada, Page 1559 (CHAPTER 466, AB 782)κ
Sec. 241. NRS 331.090 is hereby amended to read as follows:
331.090 The [superintendent is authorized to] chief may accept rent [moneys] money from various departments and agencies that are occupying space in the various state-owned buildings. [Such rent moneys shall] The rent money must be deposited in the buildings and grounds operating fund in the state treasury.
Sec. 242. NRS 331.100 is hereby amended to read as follows:
331.100 The [superintendent shall have] chief has the following specific powers and duties:
1. To keep all buildings, rooms, basements, floors, windows, furniture and appurtenances clean, orderly and presentable as befitting public property.
2. To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.
3. Under the supervision of the state fire marshal, to make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his control.
4. To make arrangements and provision for the maintenance of the states water system supplying the state-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.
5. To make arrangements for the installation and maintenance of water meters designed to measure accurately the quantity of water obtained from sources not owned by the state.
6. To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the Capital Building at Carson City, or on any other state-owned grounds where such installation is practical or necessary.
7. [To make arrangements for the installation of a central telephone switchboard or switchboards to serve the state offices, in one or more buildings as may be practical or feasible.
8.] To investigate the feasibility, and economics resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the Capitol Building at Carson City, assuming the buildings were served with power as one unit.
[9.] 8. To purchase, use and maintain such supplies and equipment as are necessary for the care, maintenance and preservation of the buildings and grounds under his supervision and control.
[10.] 9. Subject to the provisions of chapter 426 of NRS relative to the operation of vending stands in or on public buildings and properties by blind persons, to install or remove vending machines and vending stands in the buildings under his supervision and control, and to have control of and be responsible for their operation.
Sec. 243. NRS 331.102 is hereby amended to read as follows:
331.102 1. The [superintendent] chief shall:
κ1993 Statutes of Nevada, Page 1560 (CHAPTER 466, AB 782)κ
(a) Maintain accurate records reflecting the costs of administering the provisions of NRS 331.010 to 331.150, inclusive.
(b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost per square foot of rentable area of carrying out the functions of the buildings and grounds division for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of NRS 331.010 to 331.150, inclusive, of [such] the cost.
2. Each department, agency and institution, occupying space in state-owned buildings maintained by the buildings and grounds division, shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost per budgeted square foot of rentable area, as determined by the [superintendent,] chief, multiplied by the number of rentable square feet occupied by each department, agency or institution.
3. Except as otherwise provided in subsection 4, on July 1 of each year each department, agency or institution shall pay to the [superintendent] chief for deposit in the buildings and grounds operating fund the amount of money appropriated to or authorized for such department, agency or institution for building space rental costs pursuant to its budget.
4. Any state department, agency or institution may pay building space rental costs required [by] pursuant to subsection 3 on a date or dates other than July 1, if compliance with federal law or regulation so requires.
Sec. 244. NRS 331.103 is hereby amended to read as follows:
331.103 1. The [general services] department of administrations communications fund is hereby created as an internal service fund. The fund is a continuing fund and its money may not revert to the state general fund at any time.
2. Claims against the [general services communications] fund which are approved by the [superintendent] chief must be paid as other claims against the state are paid.
3. Claims must be made in accordance with budget and quarterly work allotments and subject to preaudit examination and approval.
Sec. 245. NRS 331.104 is hereby amended to read as follows:
331.104 1. All [revenues] revenue resulting from:
(a) Postage sold to state officers, departments and agencies; and
(b) Charges for proportionate costs of mail service operation , [; and
(c) Both direct and pro rata charges to state departments and agencies for telecommunication service,]
must be deposited in the state treasury for credit to the [general services] department of administrations communications fund.
2. The formula for spreading costs of operation must be adjusted from time to time to preserve the fund at not less than its initial level . [as nearly as is practicable.]
Sec. 246. NRS 331.105 is hereby amended to read as follows:
331.105 1. The [superintendent] chief shall establish and conduct a central mailing room for all state officers, departments and agencies located at Carson City, Nevada.
κ1993 Statutes of Nevada, Page 1561 (CHAPTER 466, AB 782)κ
2. Any state officer, department or agency may use the central mailing room facilities if the state officer, department or agency pays the cost of their use as determined by the [superintendent.] chief.
3. The staff of the central mailing room shall deliver incoming mail and pick up and process outgoing mail, except outgoing parcel post from the legal division of the legislative counsel bureau, other than interoffice mail, of all state officers, departments and agencies using the central mailing room facilities.
Sec. 247. NRS 331.110 is hereby amended to read as follows:
331.110 The [superintendent shall have the authority to] chief may lease and equip office rooms outside of state buildings for the use of state officers and employees, whenever sufficient space for [such] the officers and employees cannot be provided within state buildings, but no such lease may extend beyond the term of 1 year unless it is reviewed and approved by a majority of the members of the state board of examiners.
Sec. 248. NRS 331.120 is hereby amended to read as follows:
331.120 1. Except as otherwise provided in NRS 331.130 and 331.135, the [superintendent] chief shall assign the rooms in the Capitol Building, and rooms elsewhere used by the state, and shall determine the occupancy thereof in such manner as the public service may require.
2. The executive and administrative officers, departments, boards, commissions and agencies of the state [shall] must be provided with suitable quarters which [shall,] must, so far as is expedient, be in Carson City.
3. The [superintendent] chief shall provide suitable office space for the use of the governor-elect, and expend [funds] money for incidental expenses connected therewith. The provisions of this subsection do not apply if the incumbent governor is elected to succeed himself.
4. The [superintendent] chief may provide suitable space in the Capitol Building for the permanent use of accredited members of the press and for the installation of communication equipment.
Sec. 249. NRS 331.130 is hereby amended to read as follows:
331.130 1. At all times the maintenance of the Capitol Building [shall be] is under the supervision of the [superintendent,] chief, and it [shall] must be kept clean, orderly and presentable as befitting public property.
2. The former assembly, senate and supreme court chambers on the second floor of the Capitol Building [shall be] are under the management of the director of the Nevada state museum for the purpose of establishing and maintaining a government museum. The remainder of the second floor of the Capitol Building [shall be] is under the management of the [superintendent.] chief.
Sec. 250. NRS 331.140 is hereby amended to read as follows:
331.140 1. The [superintendent] chief shall take proper care to prevent any theft, trespass on, or injury to the Capitol Building or its appurtenances, or any other building or part thereof under his supervision and control, and if any such theft, trespass or injury is committed, he shall cause the offender to be prosecuted therefor.
2. For any criminal offense committed in any part of the Capitol Building or the grounds appurtenant thereto, or in any other building or part thereof under the supervision and control of the [superintendent, the superintendent] chief, the chief and his watchmen [shall] have the same power to make arrests as the police officers of Carson City.
κ1993 Statutes of Nevada, Page 1562 (CHAPTER 466, AB 782)κ
chief, the chief and his watchmen [shall] have the same power to make arrests as the police officers of Carson City.
3. The [superintendent] chief may arm his watchmen and, in case of emergency, may arm and detail as watchmen for extra duty such employees in his department as, in his judgment, the emergency requires for the proper protection of the state property under his supervision and control.
Sec. 251. NRS 331.150 is hereby amended to read as follows:
331.150 [Funds to carry out the provisions of NRS 331.010 to 331.150, inclusive, shall be provided by direct legislative appropriation from the general fund upon the presentation of budgets as provided by law, and shall be paid out on claims as other claims against the state are paid. Such appropriated funds shall be used for the repair of and the keeping in repair of the buildings, grounds and water system under the supervision and control of the superintendent; but the superintendent] The chief shall advertise for bids on any repairs to any of the buildings or water system [,] under his supervision or control, the estimated cost of which [shall] exceed an aggregate of $1,000, and award the contract therefor to the lowest and best bidder. [Such] The advertisement or notice to bidders [shall] must be published in a newspaper of general circulation in the state for a period of 2 weeks.
Sec. 252. NRS 331.155 is hereby amended to read as follows:
331.155 1. It is the intent of the legislature in enacting this section that permanence of the gifts and property purchased from donations given by the people of the State of Nevada for the governors mansion be assured.
2. After April 21, 1969, a detailed inventory [shall] must be taken of state property of the governors mansion by the chief of the purchasing division of the department of [general services.] administration. Any new acquisitions thereafter [shall] must be added to the inventory. During December of 1970 and during December of every fourth year thereafter, and immediately upon the succession of a lieutenant governor to occupancy of the mansion whenever this occurs, the chief of the purchasing division of the department of [general services] administration shall conduct an inventory of all property belonging to the governors mansion.
3. The replacement of missing or damaged property belonging to the governors mansion is the responsibility of the governor or acting governor occupying the mansion since the preceding inventory, except:
(a) Where damage is caused by normal wear and tear.
(b) Where there is a loss due to theft, flood, fire or some other cause beyond the control of the governor or his immediate family if such loss is reported to the chief of the purchasing division of the department of [general services] administration immediately after such loss is discovered.
Sec. 253. NRS 331.160 is hereby amended to read as follows:
331.160 1. The Marlette Lake water system, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.
2. The purposes of the Marlette Lake water system are:
(a) To provide adequate supplies of water to the areas served.
κ1993 Statutes of Nevada, Page 1563 (CHAPTER 466, AB 782)κ
(b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.
(c) To sell water under equitable and fiscally sound contractual arrangements. Any such contractual arrangements must not include the value of the land comprising the watershed as an element in determining the cost of water sold.
3. The department of [general services] administration is designated as the state agency to supervise and administer the functions of the Marlette Lake water system.
4. The director of the department of [general services] administration may assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive.
5. The director of the department of [general services] administration shall:
(a) Establish the value of water to be distributed from the system.
(b) Include in the water rate structure provisions for recovery, over a reasonable period, of the major capital costs of improving and modernizing the system.
(c) Assure that the rate structure is equitable for all present and potential customers.
6. Subject to the limit of money provided by legislative appropriation or revenues whose expenditure is authorized by law, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive.
Sec. 254. NRS 331.165 is hereby amended to read as follows:
331.165 1. The Marlette Lake water system advisory committee is hereby created to be composed of:
(a) One member appointed by the [director of the department of wildlife.] administrator of the division of wildlife of the state department of conservation and natural resources.
(b) One member appointed by the administrator of the division of state parks.
(c) Three members from the state legislature, including at least one member of the senate and one member of the assembly, appointed by the legislative commission.
(d) One member from the staff of the legislative counsel bureau appointed by the legislative commission. The member so appointed shall serve as a nonvoting member of the advisory committee.
(e) One member appointed by the state forester firewarden.
(f) One member appointed by the department of [general services.] administration.
2. The voting members of the advisory committee shall select one of the legislative members of the advisory committee as chairman and one as vice chairman. After the initial selection of a chairman and vice chairman, each such officer serves a term of 2 years beginning on July 1 of each odd-numbered year.
κ1993 Statutes of Nevada, Page 1564 (CHAPTER 466, AB 782)κ
numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the person appointed to succeed that officer shall serve for the remainder of the unexpired term.
3. The director of the legislative counsel bureau shall provide a secretary for the advisory committee.
4. Members of the advisory committee serve at the pleasure of their respective appointing authorities.
5. The advisory committee may make recommendations to the legislative commission, the interim finance committee, the department of administration, the state department of conservation and natural resources and the governor concerning any matters relating to the Marlette Lake water system or any part thereof.
Sec. 255. NRS 331.170 is hereby amended to read as follows:
331.170 1. The state department of conservation and natural resources shall control and administer the land acquired by the State of Nevada with the purchase of the Marlette Lake water system, to assure its optimum use for recreation, water development, forestry and fishery.
2. The state department of conservation and natural resources shall cooperate with the department of [general services:] administration:
(a) To preserve and protect the sources of water; and
(b) To preserve and improve the watershed.
3. The state department of conservation and natural resources shall cooperate with the board of wildlife commissioners in the use of Marlette Lake and its tributaries for fishery and propagation.
Sec. 256. NRS 332.135 is hereby amended to read as follows:
332.135 1. Nothing in this chapter prohibits a governing body or its authorized representative from contracting for interstate or intrastate carriage of persons or property with a certificated common or contract carrier at the rates set forth in the officially approved tariff of such carrier.
2. Nothing in this section prohibits a governing body or its authorized representative from soliciting informal rate quotations.
3. Nothing in this chapter prohibits a governing body or its authorized representative from obtaining supplies, materials, equipment or services on a voluntary basis from the purchasing division of the department of [general services] administration pursuant to NRS 333.470.
Sec. 257. NRS 333.020 is hereby amended to read as follows:
333.020 The following words [shall] have the following [meaning] meanings within the purview of this chapter, and [shall] must be so construed:
1. Chief means the chief of the purchasing division.
2. Director means the director of the department of [general services.] administration.
3. Purchasing division means the purchasing division of the department of [general services.] administration.
4. Using agencies means [any and] all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public [funds] money in whole or in part, whether the [same may be funds] money is provided by the State of Nevada, [funds] received from the Federal Government or any branch, bureau or agency thereof, of [funds] derived from private or other sources, excepting local governments as defined in NRS 354.474, conservation districts and irrigation districts.
κ1993 Statutes of Nevada, Page 1565 (CHAPTER 466, AB 782)κ
sources, excepting local governments as defined in NRS 354.474, conservation districts and irrigation districts. The University of Ne vada System and the desert research institute of the University of Ne vada System are not using agencies except as otherwise provided in NRS 333.461.
5. Volunteer fire department means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.
Sec. 258. NRS 333.200 is hereby amended to read as follows:
333.200 1. The chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally or by the using agencies.
2. The chief shall:
(a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.
(b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices, and experience with the vendors supplying the different classes of supplies.
(c) Price supplies and materials when purchased and when charged out of stock as used.
(d) Transfer surplus supplies and materials to points where they can be used advantageously.
(e) Direct and make test checks of physical inventories.
(f) Supervise the taking of annual inventories.
(g) Instruct storekeepers in the prescribed procedures for controlling stored materials.
3. The stores records must be so maintained as to show:
(a) The quantity of each commodity on hand.
(b) The average unit cost, including transportation charges.
(c) The total cost of the supply on hand.
(d) The minimum quantity that should be kept in stock.
(e) The maximum quantity that should be kept in stock at any one time.
4. After all records of previous quantities used by using agencies are compiled, a model stock system must be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used, and the value of the stock on hand, must be maintained. However, such inventories of the department of transportation, the state printing and micrographics division of the department of [general services] administration and the University of Nevada System must be maintained by those agencies respectively in accordance with the uniform regulations as provided in this chapter and as may be hereafter adopted by the chief.
Sec. 259. NRS 333.220 is hereby amended to read as follows:
333.220 1. The chief shall:
(a) Provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies.
(b) Establish a scheme for identification of all such property and equipment.
κ1993 Statutes of Nevada, Page 1566 (CHAPTER 466, AB 782)κ
(c) Maintain records of the equipment and property.
(d) Except as otherwise provided in this paragraph, determine which items of property and equipment must be listed by each using agency pursuant to subsection 4. Any item which had an original cost of $500 or more and which has a useful life of more than 2 years must be included on the list.
2. Each using agency shall submit a list on or before the last day of each month to the purchasing division [and the department of administration] of all equipment for which it is responsible which was lost, stolen, exchanged or deemed excess and all property which was donated to the using agency within the previous month. The list must be prepared by the officer entrusted with custody of the equipment and be approved by the officers supervisor or the head of his department or agency. A monthly physical count is not required for the preparation of the list.
3. The chief may transfer any tool, implement, machinery or other equipment in the possession of any using agency, if that equipment is not necessary for the use of the agency, to another agency.
4. The records of property and equipment of the state must be maintained at all times to show the officers entrusted with the custody thereof and transfers of property between those officers. Each using agency shall conduct an annual physical count of all property and equipment charged to it and reconcile the results of the annual physical count with the records of inventory maintained by the chief. The chief shall maintain the current records of inventory for each state agency.
5. The chief shall adopt regulations which:
(a) Prescribe the procedure by which supplies, materials and equipment may be condemned and disposed of, if of no further use to the state.
(b) Except as otherwise provided in subsection 6, provide that property may be sold only to the highest bidder after every effort has been made to secure at least three competitive bids.
(c) Provide that condemned property with an appraised value over $1,000 may be sold only through a notice published in a newspaper circulated in the area in which the sale is made.
6. Before accepting other bids, the chief shall:
(a) Offer a used vehicle of the highway patrol to the using agencies and sell the vehicle to the highest bidder, if any, from the using agencies.
(b) Offer any used vehicle of the highway patrol which was not purchased by a using agency pursuant to paragraph (a) to the office of the sheriff of each county and to the police department of each city in the state and sell the vehicle to the highest bidder, if any, from those offices or departments.
A bid and acceptance thereof must be made in accordance with regulations adopted by the chief.
Sec. 260. NRS 334.010 is hereby amended to read as follows:
334.010 No automobile may be purchased by any department, office, bureau, officer or employee of the state without prior written consent of the state board of examiners.
2. All such automobiles may be used for official purposes only.
3. All such automobiles, except:
(a) Automobiles maintained for and used by the governor;
κ1993 Statutes of Nevada, Page 1567 (CHAPTER 466, AB 782)κ
(b) Automobiles used by or under the authority and direction of the chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation division of the department of motor vehicles and public safety and investigators of the state gaming control board and the attorney general;
(c) One automobile used by the department of prisons;
(d) Two automobiles used by the Caliente youth center;
(e) Three automobiles used by the Nevada youth training center; and
(f) Four automobiles used by the youth parole bureau of the division of child and family services of the department of human resources,
must be labeled by painting the words State of Nevada and For Official Use Only thereon in plain lettering. The director of the department of [general services] administration or his representative shall prescribe the size and location of the label for all such automobiles.
4. Any officer or employee of the State of Nevada who violates any provision of this section is guilty of a misdemeanor.
Sec. 261. NRS 336.010 is hereby amended to read as follows:
336.010 As used in this chapter executive officer means the chief of the division of the department of [general services] administration designated by the director of that department to operate the state motor pool.
Sec. 262. NRS 336.040 is hereby amended to read as follows:
336.040 The state motor pool [shall] must be operated by a division of the department of [general services] administration to be designated by the director of that department.
Sec. 263. NRS 338.195 is hereby amended to read as follows:
338.195 1. No public building or other public structure may be renovated or demolished until a survey of the building or structure has been made for the presence of asbestos or material containing asbestos.
2. As used in this section, material containing asbestos has the meaning ascribed to it by the [department] division of industrial relations of the department of business and industry pursuant to NRS 618.765.
Sec. 264. NRS 341.020 is hereby amended to read as follows:
341.020 The state public works board, consisting of the director of the department of administration and six members to be appointed by the governor, is hereby created [.] within the department of administration.
Sec. 265. NRS 344.015 is hereby amended to read as follows:
344.015 Division means the state printing and micrographics division of the department of [general services.] administration.
Sec. 266. NRS 344.040 is hereby amended to read as follows:
344.040 The superintendent shall:
1. Supervise the operations of the division.
2. Take charge of and be responsible for all manuscripts or other matter which may be delivered to him for printing or reproduction.
3. Receive and promptly execute all orders for printing or reproduction required by the various state officers, boards and commissions.
4. Submit a biennial report through the director of the department of [general services] administration to the legislative commission and the governor concerning the complete transactions of the division.
κ1993 Statutes of Nevada, Page 1568 (CHAPTER 466, AB 782)κ
5. Appoint as chiefs of the printing and reproduction sections persons who are skilled in these respective arts and who have demonstrated supervisory and administrative ability.
6. Maintain perpetual inventory records of equipment in the division. He shall include in his biennial report required by subsection 4 a statement of all changes in the equipment inventory made since the submission of his last report.
Sec. 267. NRS 344.053 is hereby amended to read as follows:
344.053 1. Whenever any materials to be prepared for publication or use by the legislature, the legislative counsel bureau or the legislative counsel are delivered to the superintendent by the legislature, the director of the legislative counsel bureau or the legislative counsel, the superintendent shall accord the preparation of those materials an absolute priority over any other state work to be done in the division.
2. The director of the legislative counsel bureau shall determine the relative priorities to be assigned in the preparation of particular materials referred to in subsection 1.
3. Whenever the superintendent determines that the volume of priority work presently in the division or reasonably anticipated will prevent his prompt execution of other state work of an emergency nature he shall notify the chief of the purchasing division of the department of [general services] administration who shall have the other work performed in a commercial printing establishment as provided in NRS 344.160.
Sec. 268. NRS 344.055 is hereby amended to read as follows:
344.055 1. No state agency may purchase, lease, rent or meter any multiple duplication equipment without the prior approval of the superintendent.
2. Before the superintendent approves such action, he shall first determine that such agencys need for such equipment justifies such action and that such action will not diminish the efficiency of the division. When multiple duplication equipment is declared surplus or unusable, the disposal of such equipment [shall] must be coordinated with the superintendent.
3. The superintendent may, with the approval of the director of the department of [general services,] administration, order the transfer of all multiple duplication equipment from any agency to the division or to any other agency. He may declare any such equipment surplus and may order the disposition of such equipment in the manner provided by law.
4. Type that has been composed by the division may not be reproduced by any other state agency either by photo or electrostatic process without approval of the superintendent.
Sec. 269. NRS 344.160 is hereby amended to read as follows:
344.160 1. Should any state officer, commissioner, trustee or superintendent determine that his office, department or institution requires brochures, booklets, stationery, blanks, forms, typesetting, printing or binding which cannot be produced or performed in the division, he shall notify the chief of the purchasing division of the department of [general services.] administration. The chief shall, pursuant to the provisions of chapter 333 of NRS, have the work performed in a commercial printing establishment. The cost of the work must be paid out of the contingent fund provided for the expenses of state officers or out of the fund provided for the support of the commission or institution requiring the work, as the case may be.
κ1993 Statutes of Nevada, Page 1569 (CHAPTER 466, AB 782)κ
expenses of state officers or out of the fund provided for the support of the commission or institution requiring the work, as the case may be.
2. The state controller shall not draw his warrant in payment for any printed matter except such as is authorized by subsection 1.
Sec. 270. NRS 345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each volume of Nevada Reports from the superintendent of the state printing and micrographics division of the department of [general services,] administration, the director of the legislative counsel bureau shall distribute them without charge as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. The supreme court law library, two copies.
3. To each justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, justice of the peace and municipal judge in this state, once copy.
4. To each public library in this state, one copy.
5. To each library in the University of Nevada System, one copy.
6. To the Nevada historical society, one copy.
7. Upon request, to any state, county or municipal officer.
Sec. 271. NRS 345.025 is hereby amended to read as follows:
345.025 Within the limits of legislative appropriations, specifically made for such purpose, the director of the legislative counsel bureau may contract with a private printing firm for the reproduction by printing or other reproductive process of volumes of Nevada Reports which are out of print or of limited supply in the office of the legislative counsel bureau if the price quoted by the firm for such services is lower than the price quoted by the superintendent of the state printing and micrographics division of the department of [general services.] administration. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports and must be sold to the public at the prices established pursuant to NRS 345.050. The proceeds of such sales must be deposited by the director of the legislative counsel bureau with the state treasurer for credit to the state general fund.
Sec. 272. NRS 348A.010 is hereby amended to read as follows:
348A.010 As used in NRS 348A.020, 348A.030 and 348A.040:
1. Director means the director of the department of [commerce.] business and industry.
2. Private activity bond has the meaning ascribed to it in 26 U.S.C. § 141.
3. State ceiling has the meaning ascribed to it in 26 U.S.C. § 146(d).
4. Volume cap has the meaning ascribed to it in 26 U.S.C. § 146(b) and (c).
Sec. 273. NRS 349.440 is hereby amended to read as follows:
349.440 Director means the director of the department of [commerce] business and industry or any person within the department of [commerce] business and industry designated by him to perform duties in connection with a project or the issuance of bonds.
Sec. 274. NRS 349.510 is hereby amended to read as follows:
349.510 Project means:
κ1993 Statutes of Nevada, Page 1570 (CHAPTER 466, AB 782)κ
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, suitable for new construction, improvement, rehabilitation or redevelopment for:
(a) Industrial uses, including assembling, fabricating, manufacturing, processing or warehousing;
(b) Research and development relating to commerce or industry, including professional, administrative and scientific offices and laboratories;
(c) Commercial enterprises;
(d) Civic and cultural enterprises open to the general public, including theaters, museums and exhibitions, together with buildings and other structures, machinery, equipment, facilities and appurtenances thereto which the director deems useful or desirable in connection with the conduct of any such enterprise;
(e) An educational institution operated by a nonprofit organization not otherwise directly funded by the state which is accredited by a nationally recognized educational accrediting association; or
(f) Health and care facilities and supplemental facilities for health and care;
2. Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire; or
3. The preservation of any historic structure or its restoration for its original or another use, if the plan has been approved by the [division] office of historic preservation [and archeology] of the [state] department of [conservation and natural resources.] museums, library and arts.
Sec. 275. NRS 349.720 is hereby amended to read as follows:
349.720 Director means the director of the department of [commerce.] business and industry.
Sec. 276. NRS 349.755 is hereby amended to read as follows:
349.755 The director may delegate the performance of any of the duties required under this program to any person within the department of [commerce] business and industry whom he designates.
Sec. 277. NRS 349.906 is hereby amended to read as follows:
349.906 Director means the director of the department of [commerce] business and industry or any person within the department of [commerce] business and industry designated by him to perform duties in connection with a financing or the issuance of bonds.
Sec. 278. NRS 349.938 is hereby amended to read as follows:
349.938 Director means the director of the department of [commerce] business and industry or any person within the department of [commerce] business and industry designated by him to perform duties in connection with a water project or the issuance of bonds.
Sec. 279. NRS 350.575 is hereby amended to read as follows:
350.575 1. Upon the adoption of a resolution to finance the preservation or restoration of a historic structure, in the manner provided in NRS 354.618, by a municipality, a certified copy thereof must be forwarded to the executive director of the department of taxation, accompanied by a letter from the [division] office of historic preservation [and archeology] of the department of [conservation and natural resources] museums, library and arts certifying that the preservation or restoration conforms to accepted standards for such work.
κ1993 Statutes of Nevada, Page 1571 (CHAPTER 466, AB 782)κ
of [conservation and natural resources] museums, library and arts certifying that the preservation or restoration conforms to accepted standards for such work. As soon as is practicable, the executive director of the department of taxation shall, after consideration of the tax structure of the municipality concerned and the probable ability of the municipality to repay the requested financing, either approve or disapprove the resolution in writing to the governing board. No such resolution is effective until approved by the executive director of the department of taxation. The written approval of the executive director of the department of taxation must be recorded in the minutes of the governing board.
2. If the executive director of the department of taxation does not approve the financing resolution, the governing board of the municipality may appeal the executive directors decision to the Nevada tax commission.
3. For the purposes of this section, historic structure means a building, facility or other structure which is eligible for listing in the state register of historic places under NRS 383.085.
Sec. 280. NRS 353.250 is hereby amended to read as follows:
353.250 1. Except as otherwise provided in this subsection, every state officer, department or commission which receives or which may receive any money of the State of Nevada or for its use and benefit shall deposit with the state treasurer on Monday of each week, either at the state treasurers office or to the credit of the state treasurers bank account, all money received by such officer, department or commission during the previous week, together with a complete itemized statement covering all financial transactions during the week, except that on any day when the money accumulated for deposit is $10,000 or more, a deposit must be made not later than the next working day. If the [department of wildlife] division of wildlife of the state department of conservation and natural resources accumulates for deposit $10,000 or more on any day, the money must be deposited within 10 working days.
2. Every officer, department or commission making a deposit to the credit of the state treasurers bank account pursuant to subsection 1 shall notify the office of the state treasurer by telephone at the time of deposit.
3. Every officer, head of any department or commissioner who fails to comply with the provisions of this section is guilty of a misdemeanor in office.
Sec. 281. Chapter 353A of NRS is hereby amended by adding thereto the provisions set forth as sections 282 to 287, inclusive, of this act.
Sec. 282. 1. The office of internal audits is hereby created within the department of administration.
2. The director shall appoint a chief of the office. The chief is in the unclassified service of the state and shall not engage in any other gainful employment or occupation.
3. The chief must:
(a) Be a certified public accountant licensed by this state or a public accountant qualified pursuant to chapter 628 of NRS to practice public accounting in this state; and
(b) Have at least 5 years of progressively responsible professional auditing experience performing internal audits or postaudits. The auditing experience must consist of audits of governmental entities or of private business organizations, whether or not organized for profit.
κ1993 Statutes of Nevada, Page 1572 (CHAPTER 466, AB 782)κ
must consist of audits of governmental entities or of private business organizations, whether or not organized for profit.
4. The chief may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.
Sec. 283. The chief of the office of internal audits shall:
1. Report to the director.
2. Conduct audits of the programs, activities and functions of agencies of the executive department of the state government and prepare audit reports of the findings. The chief may not conduct an audit of any such agency that is under the direct control or administration of a constitutional officer.
3. Furnish independent analyses, appraisals and recommendations concerning:
(a) The adequacy of the system of internal control of each agency that he audits; and
(b) The efficiency and effectiveness of the management of the agency in carrying out its assigned responsibilities in accordance with the applicable laws and regulations of this state and the Federal Government.
4. Evaluate the controls of the agency and advise the agency in the establishment of controls necessary to accomplish its goals and objectives at a reasonable cost.
5. Be alert to possible abuses, illegal actions, errors, omissions and conflicts of interest with regard to the agency.
6. Develop long-term and annual audit plans to be based on the findings of periodic documented risk assessments. The annual audit plan must:
(a) Show the individual audits to be conducted during each year and the related resources which are to be used for those audits;
(b) Ensure that the internal controls are to be reviewed periodically; and
(c) Be submitted to the director for approval.
7. Provide a copy of the approved annual audit plan to the legislative auditor.
8. Determine the scope and assignment of the audits.
9. Adopt standards for conducting and reporting on audits.
Sec. 284. 1. Except as otherwise provided in subsection 2, upon the request of the chief of the office of internal audits or his authorized representative, the officers and employees of the agencies to be audited shall make available to the chief all the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, in the possession or control of the agency.
2. This section does not authorize the chief or his authorized representative to have access to any books, accounts, claims, reports, vouchers or other records or information of any business or activity which NRS 665.130 and 668.085 require to be kept confidential.
Sec. 285. 1. At the conclusion of each audit, the chief of the office of internal audits shall submit preliminary findings and recommendations to the head of the audited agency, who shall respond in writing to the findings within 10 days after receiving the findings. The response must be included in the final audit report.
2. The chief shall submit his final report to the director and the head of the audited agency.
κ1993 Statutes of Nevada, Page 1573 (CHAPTER 466, AB 782)κ
Sec. 286. No later than 6 months after the final audit is issued, the chief of the office of internal audits shall follow up on his reported findings to determine whether corrective actions, if required, were taken and whether those actions are achieving the desired result. The chief shall inform the director and the head of the audited agency concerning the effect of any corrective actions taken.
Sec. 287. 1. Within 90 days after the end of each fiscal year, the chief of the office of internal audits shall issue an annual report which:
(a) Lists the audit reports that have been issued;
(b) Separately lists any other related activities undertaken by the chief and the status of those activities; and
(c) Describes the accomplishments of the office.
2. The chief shall provide a copy of the annual report to the:
(a) Governor;
(b) Director; and
(c) Legislative auditor.
Sec. 288. NRS 360.110 is hereby amended to read as follows:
360.110 All forms, blanks, envelopes, letterheads, circulars and reports required by the department must be printed by the state printing and micrographics division of the department of [general services] administration under the general provisions of chapter 344 of NRS.
Sec. 289. NRS 360.300 is hereby amended to read as follows:
360.300 If the department is not satisfied with the return or returns of any tax , contribution or premium or amount of tax , contribution or premium required to be paid to the state by any person, in accordance with the applicable provisions of this Title , or chapter 612 or 616 of NRS as administered or audited by the department, it may compute and determine the amount required to be paid upon the basis of the facts contained in the return or upon the basis of any information within its possession or that may come into its possession. One or more deficiency determinations may be made of the amount due for one or for more than one period.
Sec. 290. NRS 361.055 is hereby amended to read as follows:
361.055 1. All lands and other property owned by the state are exempt from taxation, except real property acquired by the State of Nevada and assigned to the [department of wildlife] division of wildlife of the state department of conservation and natural resources which is or was subject to taxation under the provisions of this chapter at the time of acquisition.
2. In lieu of payment of taxes on each parcel of real property acquired by it which is subject to assessment and taxation pursuant to subsection 1, the [department of wildlife] division of wildlife of the state department of conservation and natural resources shall make annual payment to the county tax receiver of the county wherein each such parcel of real property is located of an amount equal to the total taxes levied and assessed against each such parcel of real property in the year in which title to it was acquired by the State of Nevada.
3. Such payments in lieu of taxes must be collected and accounted for in the same manner as taxes levied and assessed against real property pursuant to this chapter are collected and accounted for.
κ1993 Statutes of Nevada, Page 1574 (CHAPTER 466, AB 782)κ
4. Money received pursuant to this section must be apportioned each year to the counties, school districts and cities wherein each such parcel of real property is located in the proportion that the tax rate of each such political subdivision bears to the total combined tax rate in effect for that year.
Sec. 291. NRS 361.157 is hereby amended to read as follows:
361.157 1. When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit, it is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of the real estate. When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation as a residence, it is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of the real estate.
2. Subsection 1 does not apply to:
(a) Property located upon or within the limits of a public airport, park, market, fairground or upon similar property which is available to the use of the general public;
(b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;
(c) Property of any state-supported educational institution;
(d) Property leased or otherwise made available to and used by a natural person, private association, private corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;
(e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States;
(f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of [human resources,] employment, training and rehabilitation, regardless of whether the property is owned by the federal, state or a local government;
(g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production;
(h) The use of exempt property that is leased, loaned or made available to a public officer or employee, incident to or in the course of public employment;
(i) A parsonage owned by a recognized religious society or corporation when used exclusively as a parsonage;
(j) Property owned by a charitable or religious organization all or a portion of which is made available to and is used as a residence by a natural person in connection with carrying out the activities of the organization;
(k) Property owned by a governmental entity and used to provide shelter at a reduced rate to elderly persons or persons with low incomes;
κ1993 Statutes of Nevada, Page 1575 (CHAPTER 466, AB 782)κ
(l) The occasional rental of meeting rooms or similar facilities for periods of less than 30 consecutive days; or
(m) The use of exempt property to provide day care for children if the day care is provided by a nonprofit organization.
2. Taxes must be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section do not become a lien against the property. When due, the taxes constitute a dept due from the lessee or user to the county for which the taxes were assessed and if unpaid are recoverable by the county in the proper court of the county.
Sec. 292. NRS 361.159 is hereby amended to read as follows:
361.159 1. Personal property exempt from taxation which is leased, loaned or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of the property, except for personal property used in vending stands operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of [human resources.] employment, training and rehabilitation.
2. Taxes must be assessed to lessees or users of exempt personal property and collected in the same manner as taxes assessed to owners of other personal property, except that taxes due under this section do not become a lien against the personal property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and if unpaid are recoverable by the county in the proper court of the county.
Sec. 293. NRS 361.244 is hereby amended to read as follows:
361.244 1. A mobile home is eligible to become real property if the running gear is removed and:
(a) It becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the mobile home; or
(b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the mobile home classified as real property.
2. A mobile home becomes real property when the assessor of the county in which the mobile home is located has placed it on the tax roll as real property. That assessor shall not place a mobile home on the tax roll until:
(a) He has received verification from the manufactured housing division of the department of [commerce] business and industry that there is no security interest in the mobile home or the holders of security interests have agreed in writing to the conversion of the mobile home to real property;
(b) An affidavit of conversion of the mobile home from personal to real property has been recorded in the county recorders office of the county in which the mobile home is located; and
(c) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile home in its former condition as personal property.
3. Factory-built housing, as defined in NRS 461.080, constitutes real property if:
κ1993 Statutes of Nevada, Page 1576 (CHAPTER 466, AB 782)κ
(a) It becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing; or
(b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the factory-built housing classified as real property.
4. For the purposes of this section, land which is owned includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.
Sec. 294. NRS 361A.050 is hereby amended to read as follows:
361A.050 Open-space use means the current employment of land, the preservation of which use would conserve and enhance natural or scenic resources, protect streams and water supplies, maintain natural features which enhance control of floods or preserve sites designated as historic by the [division] office of historic preservation [and archeology] of the [state] department of [conservation and natural resources.] museums, library and arts.
Sec. 295. NRS 364A.040 is hereby amended to read as follows:
364A.040 1. Employee includes:
(a) A natural person who receives wages or other remuneration from a business for personal services, including commissions and bonuses and remuneration payable in a medium other than cash; and
(b) A natural person engaged in the operation of a business.
2. The term includes:
(a) A partner or other co-owner of a business; and
(b) Except as otherwise provided in subsection 3, a natural person reported as an employee to the:
(1) Employment security [department;] division of the department of employment, training and rehabilitation;
(2) State industrial insurance system; or
(3) Internal Revenue Service on an Employers Quarterly Federal Tax Return (Form 941), Employers Monthly Federal Tax Return (Form 941-M), Employers Annual Tax Return for Agricultural Employees (Form 943) or any equivalent or successor form.
3. The term does not include:
(a) A business, including an independent contractor, that performs services on behalf of another business.
(b) A natural person who is retired or otherwise receiving remuneration solely because of past service to the business.
(c) A newspaper carrier or the immediate supervisor of a newspaper carrier who is an independent contractor of the newspaper and receives compensation solely from persons who purchase the newspaper.
(d) A natural person who performs all of his duties for the business outside of this state.
4. An independent contractor is not an employee of a business with whom he contracts.
Sec. 296. NRS 364A.090 is hereby amended to read as follows:
364A.090 The executive director may request lists of employers, the number of employees employed by each employer and the total wages paid by each employer from the state industrial insurance system and the employment security division of the department of employment, training and rehabilitation to carry out the provisions of this chapter.
κ1993 Statutes of Nevada, Page 1577 (CHAPTER 466, AB 782)κ
security division of the department of employment, training and rehabilitation to carry out the provisions of this chapter.
Sec. 297. NRS 365.535 is hereby amended to read as follows:
365.535 1. It is declared to be the policy of the State of Nevada to apply the tax on motor vehicle fuel paid on fuel used in watercraft for recreational purposes during each calendar year, which is hereby declared to be not refundable to the consumer, for the improvement of boating and the improvement, operation and maintenance of other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS.
2. The amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes must be determined annually by the department by use of the following formula:
(a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat;
(b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the division of agricultural and resource economics, Max C. Fleischmann college of agriculture, University of Nevada, Reno; and
(c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times the rate of tax, per gallon, imposed on motor vehicle fuel used in watercraft for recreational purposes, less the percentage of the tax authorized to be deducted by the dealer pursuant to NRS 365.330.
3. The [department of wildlife] division of wildlife of the state department of conservation and natural resources shall submit annually to the department, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the department, using that data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the ratio for apportionment and distribution, in writing, to the [department of wildlife] division of wildlife of the state department of conservation and natural resources and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.
4. In each fiscal year, the state treasurer shall, upon receipt of the tax money from the department collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive, allocate the amount determined pursuant to subsection 2, in proportions directed by the legislature, to:
(a) The wildlife account in the state general fund. This money may be expended only for the administration and enforcement of the provisions of chapter 488 of NRS and for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities associated with boating on state-owned wildlife management areas. Any of this money declared by the [department of wildlife] division of wildlife of the state department of conservation and natural resources to be in excess of its immediate requirements for these purposes may be transferred to the credit of the parks marina development fund for use by the division of state parks of the state department of conservation and natural resources in accordance with the provisions of paragraph (b).
κ1993 Statutes of Nevada, Page 1578 (CHAPTER 466, AB 782)κ
the state department of conservation and natural resources in accordance with the provisions of paragraph (b).
(b) The parks marina development fund which is hereby created as a special revenue fund for use by the division of state parks of the state department of conservation and natural resources. All money so deposited to the credit of the division of state parks may be expended only as authorized by the legislature for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities associated with boating.
5. Money that the state treasurer is required to allocate pursuant to the provisions of subsection 4 may be paid quarterly or oftener if convenient to the state treasurer.
Sec. 298. NRS 372.383 is hereby amended to read as follows:
372.383 1. If a certificate of ownership has been issued for a used manufactured home or used mobile home by the department of motor vehicles and public safety or the manufactured housing division of the department of [commerce,] business and industry, it is presumed that the taxes imposed by this chapter have been paid with respect to that manufactured home or mobile home.
2. As used in this section, manufactured home and mobile home have the meanings ascribed to them in NRS 372.316.
Sec. 299. NRS 374.388 is hereby amended to read as follows:
374.388 1. If a certificate of ownership has been issued for a used manufactured home or used mobile home by the department of motor vehicles and public safety or the manufactured housing division of the department of [commerce,] business and industry, it is presumed that the taxes imposed by this chapter have been paid with respect to that manufactured home or mobile home.
2. As used in this section, manufactured home and mobile home have the meanings ascribed to them in NRS 374.321.
Sec. 300. NRS 375A.100 is hereby amended to read as follows:
375A.100 A tax is hereby imposed on the transfer of the taxable estate of a:
1. Resident decedent in the amount of the maximum credit allowable against the federal estate tax for the payment of state death taxes on all:
(a) Real and tangible personal property of the decedent, or any interest therein, having a situs in this state at the time of death; and
(b) Intangible personal property of the decedent, or any interest therein, within or outside this state or otherwise subject to the jurisdiction of this state at the time of death.
2. Nonresident decedent in the amount of the maximum credit allowable against the federal estate tax for the payment of state death taxes on:
(a) All real and tangible personal property of the decedent, or any interest therein, having a situs in this state at the time of death; and
(b) If the decedent is a nonresident of the United States, all intangible personal property, or any interest therein, in this state at the time of death, including all stock of a corporation organized under the laws of Nevada or which has its principal place of business or does the major part of its business in Nevada or of a federal corporation or national bank which has its principal place of business or does the major part of its business in Nevada, except:
κ1993 Statutes of Nevada, Page 1579 (CHAPTER 466, AB 782)κ
(1) Savings accounts in savings and loan associations operating under the authority of the division of financial institutions of the department of [commerce] business and industry or the Federal Home Loan Bank; and
(2) Bank deposits, unless those deposits are held and used in connection with a business conducted or operated, in whole or in part, in Nevada.
Sec. 301. NRS 376A.010 is hereby amended to read as follows:
376A.010 As used in this chapter, unless the context otherwise requires:
1. Open-space land means land that is undeveloped natural landscape, including, but not limited to, ridges, stream corridors, natural shoreline, scenic areas, viewsheds, agricultural or other land devoted exclusively to open-space use and easements devoted to open-space use that are owned, controlled or leased by public or nonprofit agencies.
2. Open-space plan means the plan adopted by the board of county commissioners of a county to provide for the acquisition, development and use of open-space land.
3. Open-space use includes:
(a) The preservation of land to conserve and enhance natural or scenic resources;
(b) The protection of streams and stream environment zones, watersheds, viewsheds, natural vegetation and wildlife habitat areas;
(c) The maintenance of natural and man-made features that control floods, other than dams;
(d) The preservation of natural resources and sites that are designated as historic by the [division] office of historic preservation [and archeology] of the [state] department of [conservation and natural resources;] museums, library and arts; and
(e) The development of recreational sites.
Sec. 302. Chapter 378 of NRS is hereby amended by adding thereto the provisions set forth as sections 303 to 306, inclusive, of this act.
Sec. 303. 1. There is hereby created the department of museums, library and arts, in which is vested the administration of the provisions of this Title and chapter 233C of NRS.
2. The department consists of a director and the following:
(a) The division of state library and archives;
(b) The division of museums and history;
(c) The office of historic preservation;
(d) The state council on the arts;
(e) The board of museums and history;
(f) The state council on libraries and literacy;
(g) The state historical records advisory board; and
(h) The commission for cultural affairs.
Sec. 304. The creation of the department does not affect any bequest, devise, endowment, trust, allotment or other gift made to a division or institution of the department and those gifts inure to the benefit of the division or institution and remain subject to any conditions or restraints placed on the gifts.
Sec. 305. The director:
1. Is appointed by and responsible to the governor, and serves at the pleasure of the governor.
κ1993 Statutes of Nevada, Page 1580 (CHAPTER 466, AB 782)κ
2. Is in the unclassified service of the state.
3. Shall not engage in any other gainful employment or occupation.
4. Must be selected with special reference to training, experience, capacity and interest in cultural resources, arts or library or archive management, or any combination thereof.
5. Must have demonstrated ability and 4 years of experience administering a major public agency in the field of museums, libraries or arts, or a related agency.
6. Must have an advanced degree in the humanities, history, science, the arts, library science, or a related field, or in public administration.
Sec. 306. The director:
1. May employ, within the limits of legislative appropriations, such staff as is necessary for the performance of his duties.
2. Is responsible for the general administration of the department and for the submission of its budgets.
3. Shall appoint the administrator of each agency within the department.
4. Shall supervise the administrators of the agencies of the department.
5. Shall coordinate the submissions of requests by the agencies of the department for assistance from governmental sources.
6. Shall superintend the planning and development of any new facilities for the department or the agencies of the department.
7. Shall supervise the facilities for storage which are jointly owned or used by any of the agencies of the department.
8. Shall govern, manage and control all property of the department.
Sec. 307. NRS 378.005 is hereby amended to read as follows:
378.005 As used in this chapter [, division] :
1. Department means the department of museums, library and arts.
2. Director means the director of the department of museums, library and arts.
3. Division means the division of [archives and records of the] state library and archives [.] of the department.
Sec. 308. NRS 378.010 is hereby amended to read as follows:
378.010 The state librarian:
1. Is appointed by and responsible to the [governor,] director and he serves at the pleasure of the [governor.] director.
2. Must be appointed on the basis of merit.
3. Is in the classified service, except for the purposes of removal.
Sec. 309. NRS 378.180 is hereby amended to read as follows:
378.180 1. Every state agency shall, upon release, deposit 12 copies of each of its state publications which was not printed by the state printing and micrographics division of the department of [general services] administration with the state publications distribution center to meet the needs of the depository library system and to provide interlibrary loan service to those libraries without depository status.
2. For each item printed by the state printing and micrographics division of the department of [general services,] administration, 12 additional copies must be printed by the division, these to be collected by the state publications distribution center and distributed to public and university libraries within the state.
κ1993 Statutes of Nevada, Page 1581 (CHAPTER 466, AB 782)κ
3. Every city, county and regional agency and every school district and special district shall, upon release, deposit with the state publications distribution center at least six copies of each of its publications and a list of its publications for a calendar year.
Sec. 310. NRS 378.230 is hereby amended to read as follows:
378.230 [1. The division of archives and records is hereby created in the state library and archives. The division must be administered by the state librarian.
2.] It is the intent of the legislature that the division, in carrying out its functions, follow accepted:
[(a)] 1. Standards of archival practice to assure maximum accessibility for the general public; and
[(b)] 2. Procedures for the management of records to increase the efficiency of the system of governmental records and reduce the administrative costs associated with the maintenance, use, retention and disposition of records.
Sec. 311. NRS 378A.040 is hereby amended to read as follows:
378A.040 1. The governor shall appoint to the board:
(a) The person who is in charge of the [division of] archives and records of the division of division of state library and archives [.] of the department of museums, library and arts. This person is the state historical records coordinator for the purposes of 36 C.F.R. § 1206.10 and shall serve as chairman of the board.
(b) The person in charge of the Nevada historical society.
(c) Seven other members, at least four of whom must have experience in the administration of historical records or archives. These members must represent as broadly as possible the various public and private archive and research institutions and organizations in the state.
2. After the initial terms, the chairman serves for 4 years and each other appointed member serves for 3 years. Members of the board may be reappointed.
Sec. 312. NRS 379.003 is hereby amended to read as follows:
379.003 The governing body of every public library in this state shall develop, through a continuing process of planning, a master plan for the library or libraries for which it is responsible, including plans for levels of library services and resources, and shall submit the plan to the [Nevada] state council on libraries [.] and literacy. The master plan must be designed to extend 5 years into the future and must be made current at least every 2 years.
Sec. 313. NRS 380A.021 is hereby amended to read as follows:
380A.021 As used in this chapter, council means the [Nevada] state council on libraries [.] and literacy.
Sec. 314. NRS 380A.031 is hereby amended to read as follows:
380A.031 The [Nevada] state council on libraries [,] and literacy, consisting of [six] 11 members appointed by the governor, is hereby created. The council is [responsible to the governor and may make recommendations to the legislature of the State of Nevada.] advisory to the department of museums, library and arts.
Sec. 315. NRS 380A.041 is hereby amended to read as follows:
380A.041 1. The governor shall appoint [:
(a) Two members who are librarians in active service.
κ1993 Statutes of Nevada, Page 1582 (CHAPTER 466, AB 782)κ
(b) Two members who are trustees of legally established libraries or library systems.
(c) Two members who have an active and demonstrated interest, knowledge and understanding of libraries and library service.
2.] to the state council on libraries and literacy:
(a) A representative of public libraries;
(b) A trustee of a legally established library or library system;
(c) A representative of school libraries;
(d) A representative of academic libraries;
(e) A representative of special libraries or institutional libraries;
(f) A representative of persons with disabilities;
(g) A representative of the public who uses these libraries;
(h) A representative of recognized state labor organizations;
(i) A representative of private sector employers;
(j) A representative of private literacy organizations, voluntary literacy organizations or community-based literacy organizations; and
(k) A classroom teacher who has demonstrated outstanding results in teaching children or adults to read.
2. The director of the following state agencies or their designees shall serve as ex officio members of the council pursuant to Public Law No. 102-73:
(a) The state library;
(b) The department of education;
(c) The state job training office;
(d) The department of human resources;
(e) The commission on economic development; and
(f) The department of prisons.
3. Officers of state government whose agencies provide funding for literacy services may be designated by the governor or the chairman of the council to serve whenever matters within the jurisdiction of the agency are considered by the council.
4. The governor shall ensure that there is appropriate representation on the advisory council of urban and rural areas of the state, women, persons with disabilities and racial and ethnic minorities.
5. A person may not serve as a member of the council for more than two consecutive terms.
Sec. 316. NRS 380A.081 is hereby amended to read as follows:
380A.081 The council [shall have the duty and is directed to exercise the following powers:] may:
1. Examine and overview the whole state of libraries, librarianship, library education, library resources, and all allied and cognate activities and prepare a record of its findings.
2. Require public libraries to provide necessary library statistics and reports and to make recommendations for the advancement of libraries.
3. Report biennially to the governor and legislature. The report [shall] must be filed on or before January 1 of each odd-numbered year.
4. Publish any material pertaining to its work that it may order issued.
κ1993 Statutes of Nevada, Page 1583 (CHAPTER 466, AB 782)κ
5. Review plans and applications submitted by libraries and political subdivisions for state grants-in-aid and make recommendations to the state librarian concerning approval.
6. Examine and evaluate the programs for literacy in this state.
7. Establish a plan for coordinating programs and activities for promoting and increasing literacy in this state.
Sec. 317. NRS 381.001 is hereby amended to read as follows:
381.001 As used in this chapter, unless the context otherwise requires:
1. Administrator means the administrator of the [department] division of museums and history.
2. Board means the board of museums and history.
3. Department means the department of museums [and history.] , library and arts.
4. Director means the director of the department of museums, library and arts.
5. Division means the division of museums and history of the department.
Sec. 318. NRS 381.002 is hereby amended to read as follows:
381.002 1. The board of museums and history, consisting of eleven members appointed by the governor, is hereby created.
2. The governor shall [designate the chairman of the board from among its members.
3. Upon recommendation of the chairman of the board, the governor may appoint two additional members to the board.
4. The board shall meet regularly at least four times each year and may meet at other times upon the call of its chairman.
5. The board may develop and approve policy for:
(a) All administrative, technical and procedural activities of the department, including the institutions and other divisions; and
(b) The organization of the department, including the institutions and other divisions, in a manner which will ensure efficient operations.
6. The board must approve any expansion of an institution or other division of the department and any new institutions or other additions to the department before the expansion or addition is implemented.
7. The board may delegate one or more of its powers to the administrator and the director or curator of an institution or other division of the department.
8. The board may adopt such regulations as it deems necessary to carry out its powers and duties, consistent with all legislative enactments relating thereto.] appoint to the board:
(a) Six representatives of the general public who are knowledgeable about museums.
(b) Five members representing the fields of history, prehistoric archaeology, historical archaeology, architectural history, and architecture with qualifications as defined by the Secretary of Interiors standards for historic preservation in the following fields:
(1) One member who is qualified in history;
(2) One member who is qualified in prehistoric archaeology;
(3) One member who is qualified in historic archaeology;
κ1993 Statutes of Nevada, Page 1584 (CHAPTER 466, AB 782)κ
(4) One member who is qualified in architectural history; and
(5) One member who is qualified as an architect.
3. The board shall elect a chairman and a vice chairman from among its members at its first meeting of every even-numbered year. The terms of the chairman and vice chairman are 2 years or until their successors are elected.
4. With respect to the functions of the office of historic preservation, the board may develop, review and approve policy for:
(a) Matters relating to the state historic preservation plan;
(b) Nominations to the national register of historic places and make a determination of eligibility for listing on the register for each property nominated; and
(c) Nominations to the state register of historic places and make determination of eligibility for listing on the register for each property nominated.
5. With respect to the functions of the division, the board shall develop, review and make policy for investments, budgets, expenditures and general control of the divisions private and endowed dedicated trust funds pursuant to NRS 381.003 to 381.0037, inclusive.
6. In all other matters pertaining to the office of historic preservation and the division of museums and history, the board serves in an advisory capacity.
7. The board may adopt such regulations as it deems necessary to carry out its powers and duties.
Sec. 319. NRS 381.003 is hereby amended to read as follows:
381.003 The board may establish shops for the sale of gifts and souvenirs, such as publications, books, postcards, color slides and such other related material as, in the judgment of the board, is appropriately connected with the operation of the institutions of the [department] division or the purposes of this chapter.
Sec. 320. NRS 381.0031 is hereby amended to read as follows:
381.0031 1. All money and the proceeds from property received by the [department] division or any institution [or other division of the department] of the division through any grant other than a grant of federal money, bequest or devise, and the proceeds from memberships, sales, interest and dividends from any sources other than appropriation by the legislature, admission charges and sales of tickets for train rides, are private money and not state money. The board shall establish a [department] division of museums and history dedicated trust fund. All private money must be accounted for in that fund. No other money may be accounted for in that fund.
2. Except as otherwise provided in this chapter, all of the money in the dedicated trust fund must be deposited in a financial institution to draw interest or be expended, invested and reinvested pursuant to the specific instructions of the donor, or, where no such specific instructions exist, in the sound discretion of the board. The provisions of subsections 3 and 4 of NRS 356.011 apply to any accounts in financial institutions maintained pursuant to this section.
3. The board shall account separately for the portions of the private money received by each institution [or division] of the [department] division but may combine all or any portion of the private money for the purposes of investment and reinvestment.
4. The board shall adopt an investment policy for the private money.
κ1993 Statutes of Nevada, Page 1585 (CHAPTER 466, AB 782)κ
Sec. 321. NRS 381.0033 is hereby amended to read as follows:
381.0033 1. Except as otherwise provided in subsection 2:
(a) The private money must be budgeted and expended, within any limitations which may have been specified by particular donors, at the discretion of the board.
(b) The board or its designee shall submit a report to the interim finance committee semiannually concerning the investment and expenditure of the private money in such form and detail as the interim finance committee determines is necessary.
(c) A separate statement concerning the anticipated amount and proposed expenditures of the private money must be submitted to the chief of the budget division of the department of administration for his information at the same time and for the same fiscal years as the proposed budget of the department submitted pursuant to NRS 353.210. The statement must be attached to the proposed budget of the department when it is submitted to the legislature.
2. Any private money which the board authorizes for use in funding all or part of a classified or unclassified position or an independent contractor must be included in the budget prepared for the department pursuant to chapter 353 of NRS. The board shall transfer to the state treasurer for deposit in the appropriate general fund budget account of the [department] division any money necessary to pay the payroll costs for the positions that it has agreed to partially or fully fund from private money. The money must be transferred on a regular basis at such times as the state treasurer determines is necessary.
Sec. 322. NRS 381.0037 is hereby amended to read as follows:
381.0037 The board may establish a petty cash account for the department and each institution [and division] of the [department] division in an amount not to exceed $100 for each account. Reimbursement of the account must be made from appropriated money paid out on claims as other claims against the state are paid.
Sec. 323. NRS 381.004 is hereby amended to read as follows:
381.004 1. The [department] division of museums and history is hereby created [.] in the department of museums, library and arts.
2. The [department] division consists of:
(a) The office of the administrator;
(b) The Nevada state museum;
(c) The Lost City museum;
(d) The Nevada museum and historical society;
(e) [The division of Nevada state railroad museums;
(f)] The Nevada historical society; [and
(g) Such other divisions and institutions as the board may establish.]
(f) The East Ely depot museum;
(g) The Nevada state railroad museum in Carson City; and
(h) The Nevada state railroad museum in Boulder City.
Sec. 324. NRS 381.0045 is hereby amended to read as follows:
381.0045 The board shall establish:
1. Categories of memberships in the institutions [and divisions] of the [department] division and the fees to be charged for the memberships.
κ1993 Statutes of Nevada, Page 1586 (CHAPTER 466, AB 782)κ
2. Fees for admission to the institutions [and other divisions] of the [department.] division. Children under the age of 18 years must be admitted free of charge.
3. Policies and charges for the incidental use, rental and lease of the buildings, equipment, fixtures and other property of the department and its institutions and other divisions.
Sec. 325. NRS 381.005 is hereby amended to read as follows:
381.005 1. The administrator is appointed by the [governor and serves at his pleasure. The governor] director. The director shall consult with the board before making the appointment.
2. To be qualified for appointment, the administrator must have [training] a degree in history or science and experience in public administration.
3. The administrator is in the unclassified service of the state.
4. [The administrator shall not engage in any other gainful employment or occupation.
5.] The administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.
Sec. 326. NRS 381.006 is hereby amended to read as follows:
381.006 For the property and facilities of the division , [of Nevada state railroad museums other than the Nevada state railroad museum in Carson City,] the administrator:
1. Is responsible to the [governor] director for the general administration of the [department] division and for the submission of its budgets, which must include the combined budgets of its institutions.
2. Shall supervise the directors of its institutions in matters pertaining to the general administration of the institutions.
3. Shall coordinate the submission of requests by its institutions for assistance from governmental sources.
4. Shall oversee the public relations of its institutions.
5. Shall superintend the planning and development of any new facilities for the [department] division or its institutions.
6. Shall assist the efforts of its institutions in improving their services to the rural counties.
7. Shall supervise the facilities for storage which are jointly owned or used by any of its institutions.
8. [Shall govern, manage and control all property of the division.
9.] Shall trade, exchange and transfer exhibits and equipment when he considers it proper and the transactions are not sales.
[10.] 9. May contract with any person to provide concessions on the grounds of the property and facilities of the division, provided that any contract permitting control of real property of the division by a nongovernmental entity must be executed as a lease pursuant to NRS 321.003, 322.050, 322.060 and 322.070.
Sec. 327. NRS 381.007 is hereby amended to read as follows:
381.007 The creation of the [department] division does not affect any bequest, devise, endowment, trust, allotment or other gift made to an institution of the [department] division and those gifts inure to the benefit of the institution and remain subject to any conditions or restraints placed on the gifts.
κ1993 Statutes of Nevada, Page 1587 (CHAPTER 466, AB 782)κ
Sec. 328. NRS 381.008 is hereby amended to read as follows:
381.008 When not in conflict with any condition or restraint placed on a gift and with the approval of the board, the director or curator of each institution of the [department] division may sell duplicates, surplus and items inappropriate to the collection of the institution. The proceeds of the sale must be held in trust and may be expended only for the purchase of photographs, memorabilia and other historical articles , and [objects] collections related to history, prehistory or natural history to enrich the collection of the institution.
Sec. 329. NRS 381.009 is hereby amended to read as follows:
381.009 1. Any property held by an institution of the [department] division for 10 years or more, to which no person has made claim, shall be deemed to be abandoned and becomes the property of the institution if the institution complies with the provisions of subsection 2.
2. The institution shall cause to be published in at least one newspaper of general circulation in the county in which the institution is located at least once a week for 2 consecutive weeks a notice and listing of the property. The notice must contain:
(a) The name and last known address, if any, of the last known owner of the property;
(b) A description of the property; and
(c) A statement that if proof of a claim is not presented by the owner to the institution and if the owners right to receive the property is not established to the institutions satisfaction within 60 days after the date of the second published notice, the property will be considered abandoned and become the property of the institution.
3. If no claim has been made to the property within 60 days after the date of the second published notice, title, including literary rights, to the property vests in the institution, free from all claims of the owner and of all persons claiming through or under him.
Sec. 330. NRS 381.010 is hereby amended to read as follows:
381.010 The Nevada state museum is hereby established as an institution within the [department.] division.
Sec. 331. NRS 381.140 is hereby amended to read as follows:
381.140 The director may:
1. Acquire, supervise, control, manage and operate the Nevada state museum mint building in Carson City, Nevada, and any other buildings or properties in this state which [might be acquired by any means for the museum.] are under the control of the Nevada state museum.
2. Furnish, heat, light, remodel, repair, alter, erect and supervise the furnishing, remodeling, repairing, alteration and erection of the mint premises and buildings or other premises and buildings which may be conveyed to or made available for the [State of Nevada for museum purposes.] Nevada state museum. The director may make and obtain plans and specifications and let and supervise contracts for work or have the work done on force account or day labor, supplying material or labor, or otherwise.
Sec. 332. NRS 381.170 is hereby amended to read as follows:
381.170 1. Any property of the State of Nevada which may be placed on display or on exhibition at any worlds fair or exposition must be taken into custody by the director at the conclusion of the worlds fair or exposition and placed and kept in the Nevada state museum, subject to being removed and again exhibited at the discretion of the director.
κ1993 Statutes of Nevada, Page 1588 (CHAPTER 466, AB 782)κ
custody by the director at the conclusion of the worlds fair or exposition and placed and kept in the Nevada state museum, subject to being removed and again exhibited at the discretion of the director.
2. The provisions of this section do not apply to collections belonging to the Nevada historical society, the Nevada museum and historical society, the Lost City museum , the Nevada state railroad museum in Carson City, the Nevada state railroad museum in Boulder City, the East Ely depot museum or the University of Nevada System. The board of regents of the University of Nevada controls the universitys collection.
Sec. 333. NRS 381.205 is hereby amended to read as follows:
381.205 Upon granting the permit, the director shall immediately notify the [division] office of historic preservation , [and archeology of the state department of conservation and natural resources,] the sheriff in the county in which the permit is to be exercised, and personnel of the Nevada highway patrol controlling the state roads of the district embracing the site in which the permit is to be exercised.
Sec. 334. NRS 381.207 is hereby amended to read as follows:
381.207 1. The holder of a permit, except as provided in subsections 2 and 3, who does work upon aboriginal mounds and earthworks, ancient burial grounds, prehistoric sites, deposits of fossil bones or other archeological and vertebrate paleontological features within the state shall give to the state 50 percent of all articles, implements and materials found or discovered, to be deposited with the state museum, for exhibition or other use within the state as determined by the director. The director may, in his discretion, accept less than 50 percent of such items. Upon receipt of items pursuant to this subsection the director shall notify the [division] office of historic preservation . [and archeology of the state department of conservation and natural resources.]
2. The holder of a permit who does any such work within the state under the authority and direction of the Nevada historical society, the Nevada museum and historical society, or an institution or political subdivision of the state shall give 50 percent of all articles, implements and materials found or discovered to the society, institution or political subdivision. The holder of the permit may retain the other 50 percent.
3. If the Nevada historical society, the Nevada museum and historical society, or an institution or political subdivision of the state is the holder of the permit, it may retain all articles, implements and materials found or discovered.
4. Whenever the [division] office of historic preservation [and archeology] acquires articles, implements and materials under the provisions of this section, they must be transferred to the director for exhibition or other use within the state as determined by the director.
Sec. 335. NRS 381.223 is hereby amended to read as follows:
381.223 Any object of antiquity taken, or collection made, on historic or prehistoric sites covered by NRS 381.195 to 381.227, inclusive, without a permit [shall] must be seized by the proper law enforcement officers, who shall notify the director of the action. The object or collection so taken [shall] must be forfeited to the state [at the Nevada state museum] for exhibition or other use within the state as determined by the director. Upon receipt of any forfeited item pursuant to this section the director shall notify the [division] office of historic preservation .
κ1993 Statutes of Nevada, Page 1589 (CHAPTER 466, AB 782)κ
forfeited item pursuant to this section the director shall notify the [division] office of historic preservation . [and archeology of the state department of conservation and natural resources.]
Sec. 336. NRS 381.270 is hereby amended to read as follows:
381.270 1. The Lost City museum is hereby established as an institution within the [department.] division.
2. The administrator [, with the consent of the board,] shall appoint a curator of the Lost City museum , who is in the classified service.
Sec. 337. NRS 381.355 is hereby amended to read as follows:
381.355 The Nevada museum and historical society is hereby established as an institution within the [department.] division.
Sec. 338. NRS 381.365 is hereby amended to read as follows:
381.365 1. The general objects and powers of the Nevada museum and historical society are the same as those specified in subsections 1, 2 and 3 of NRS 381.020.
2. Property may be received and collected from any appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
3. The property must be housed, preserved, cared for and displayed or exhibited by the Nevada museum and historical society. This subsection does not prevent permanent or temporary retention, placement, housing or exhibition of a portion of the property in other places or locations within or without the State of Nevada . [in the sole discretion of the board.]
Sec. 339. NRS 381.405 is hereby amended to read as follows:
381.405 1. The [governor] administrator shall appoint a director [from a list of three names submitted by the board and the administrator.] of the Nevada museum and historical society. The director must have:
(a) An advanced degree in science or history; and
(b) At least 3 years experience in managing a museum.
2. The director may employ and fix the duties, powers and conditions of employment of necessary curators, assistants, janitors, laborers, guards and employees of the Nevada museum and historical society.
3. The director is in the unclassified service.
4. When any employee is required to perform any travel in conjunction with his duties and at the specific instruction of his supervisor, he is entitled to receive his expenses.
5. The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 340. NRS 381A.010 is hereby amended to read as follows:
381A.010 As used in this chapter, curator means the curator of [the] a state railroad museum . [in Carson City.]
Sec. 341. NRS 381A.020 is hereby amended to read as follows:
381A.020 1. The [division of] Nevada state railroad [museums is] museum in Carson City, the Nevada state railroad museum in Boulder City, and the East Ely depot museum are hereby established within the [department] division of museums and history.
2. The [division of Nevada state railroad] museums may receive, collect, exchange, preserve, house, care for, display and exhibit property, memorabilia, photographs and equipment relating to railroads, which are under state control or which the state receives in any manner.
κ1993 Statutes of Nevada, Page 1590 (CHAPTER 466, AB 782)κ
memorabilia, photographs and equipment relating to railroads, which are under state control or which the state receives in any manner.
3. The property, memorabilia, photographs and equipment may be received and collected from any appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
Sec. 342. NRS 381A.030 is hereby amended to read as follows:
381A.030 The [board of museums and history] director shall adopt regulations:
1. Governing the use and operation of locomotives, motorcars, cars, recreational or commercial rides on the trains and fixtures owned by the [division] State of Nevada . [state railroad museums.]
2. For the safe operation of locomotives, motorcars, cars, recreational or commercial rides on the trains and fixtures owned by the [division] State of Nevada . [state railroad museums.]
Sec. 343. NRS 381A.040 is hereby amended to read as follows:
381A.040 The administrator of the [department] division of museums and history [, with the consent of the board of museums and history,] shall appoint a curator of each of the Nevada state railroad [museum in Carson City,] museums, who [is] are in the classified service.
Sec. 344. NRS 381A.050 is hereby amended to read as follows:
381A.050 [For the Nevada state railroad museum in Carson City, Boulder City and East Ely, the] A curator may:
1. Govern, manage and control the exhibit and display of all property of the museum;
2. Trade, exchange and transfer exhibits and duplicates thereof when he considers it proper, and the transactions are not sales;
3. Audit and approve all bills, claims and accounts for the museum;
4. Collect all money and other property received by the museum from memberships, sales, interest or dividends from any sources other than appropriation by the legislature; and
5. Adopt regulations for the internal management of the museum.
Sec. 345. NRS 381A.080 is hereby amended to read as follows:
381A.080 [The] A curator may hire and fix the duties, powers and conditions of employment of necessary technical and clerical personnel.
Sec. 346. NRS 381A.090 is hereby amended to read as follows:
381A.090 [The] A curator may set the qualifications for life, honorary, annual, sustaining and such other memberships as he considers necessary.
Sec. 347. NRS 381A.100 is hereby amended to read as follows:
381A.100 [1. The] Each curator shall make a report biennially to the administrator of the [department] division of museums and history, who shall submit the report to the [governor.] director of the department of museums, library and arts. The report must embrace the transactions, work and expenditures of the museum.
[2. The report must be printed.]
Sec. 348. NRS 382.005 is hereby amended to read as follows:
382.005 As used in this chapter, unless the context otherwise requires:
1. Administrator means the administrator of the division of museums and history of the department of museums, library and arts.
κ1993 Statutes of Nevada, Page 1591 (CHAPTER 466, AB 782)κ
2. Board means the board of museums and history.
[2.] 3. Director means the director of the Nevada historical society.
Sec. 349. NRS 382.010 is hereby amended to read as follows:
382.010 The Nevada historical society, which holds a large, varied and invaluable collection of files, documents and records as trustee of the state, is hereby established as an institution within the [department] division of museums and history.
Sec. 350. NRS 382.0135 is hereby amended to read as follows:
382.0135 1. The [governor] administrator shall appoint a director [from a list of three names submitted by the board and the administrator of the department of museums and history.] of the Nevada historical society. The director must have:
(a) An advanced degree in science, history or a discipline related to the functions of the historical society; and
(b) At least 3 years experience in managing a similar type of agency.
2. The director is in the unclassified service.
[3. The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.]
Sec. 351. NRS 382.014 is hereby amended to read as follows:
382.014 The director may:
1. Govern, manage and control the exhibit and display of all property and things of the Nevada historical society;
2. Trade, exchange and transfer exhibits and duplicates thereof when the board deems it proper, and the transactions shall not be deemed sales;
3. Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere for quarters for and the preservation, care, transportation, storing, custody, display and exhibit of articles controlled by the Nevada historical society and for the terms and costs, the manner, time, place and extent, and the return thereof;
4. Audit and approve all bills, claims and accounts for the Nevada historical society;
5. Collect all money and other property received by the Nevada historical society from memberships, sales, interest or dividends from any sources other than appropriation by the legislature; and
6. Adopt rules for the internal management of the Nevada historical society . [; and
7. Adopt regulations necessary to carry out the provisions and purposes of this chapter.]
Sec. 352. NRS 382.030 is hereby amended to read as follows:
382.030 [1.] The director shall make a report biennially to the administrator of the [department] division of museums and history, who shall submit the report to the [governor.] director of the department of museums, library and arts. The report must embrace the transactions, work and expenditures of the organization.
[2. The report must be printed in accordance with the provisions of chapter 344 of NRS.]
κ1993 Statutes of Nevada, Page 1592 (CHAPTER 466, AB 782)κ
Sec. 353. NRS 382.060 is hereby amended to read as follows:
382.060 The Nevada historical society shall preserve all old and obsolete property and obsolete and noncurrent public records presented to it by the state librarian from the [division of] archives and records of the division of state library and archives [.] of the department of museums, libraries and arts.
Sec. 354. NRS 383.011 is hereby amended to read as follows:
383.011 As used in this chapter, unless the context otherwise requires:
1. Administrator means the administrator of the [division.] office.
2. Advisory board means the [advisory board for historic preservation and archeology,] board of museums and history.
3. Director means the director of the [state] department of [conservation and natural resources.
4. Division] museums, library and arts.
4. Office means the [division] office of historic preservation [and archeology] of the [state] department of [conservation and natural resources.] museums, library and arts.
Sec. 355. NRS 383.021 is hereby amended to read as follows:
383.021 1. The [division] office of historic preservation [and archeology] is hereby created.
2. The [division] office shall:
(a) Encourage, plan and coordinate historic preservation and archeological activities within the state, including programs to survey, record, study and preserve or salvage objects, localities and information of historic, prehistoric and paleoenvironmental significance.
(b) Compile and maintain an inventory of historic, archeological and architectural resources in Nevada deemed significant by the administrator.
(c) Designate repositories for the materials that comprise the inventory.
[(d) Administer the revolving account for archeology pursuant to NRS 383.115 to 383.118, inclusive.]
3. The Comstock historic district commission is within the office.
Sec. 356. NRS 383.031 is hereby amended to read as follows:
383.031 The administrator of the [division:] office:
1. Must be selected by the director with special reference to his training, experience, capacity and interest in historic preservation or archeology, or both.
2. [Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.] Must have an advanced degree in history, archeology, architectural history, historic preservation or a related field or in public administration with course work and experience in one of the fields of historic preservation and archeology.
Sec. 357. NRS 383.041 is hereby amended to read as follows:
383.041 The administrator, subject to administrative supervision by the director, is responsible for carrying out all provisions of law relating to the functions of the [division.] office. He may employ, within the limits of available money, any clerical and operational personnel necessary for the administration of the [division.] office.
κ1993 Statutes of Nevada, Page 1593 (CHAPTER 466, AB 782)κ
Sec. 358. NRS 383.085 is hereby amended to read as follows:
383.085 1. The [division] office shall prepare and maintain the state register of historic places.
2. The [division] office shall establish procedures, qualifications and standards for listing historic places in the state register.
3. The [division] office shall prepare a list of eligible sites, structures, objects and districts on public and private land.
4. The administrator may, by agreement with the appropriate state agency or private owner, place any site, structure, object or district which is located on state or private land in the state register. The administrator may by agreement with the appropriate federal agency place any site, structure, object or district which is located on federal land in the state register.
Sec. 359. NRS 383.121 is hereby amended to read as follows:
383.121 1. All departments, commissions, boards and other agencies of the state and its political subdivisions shall cooperate with the [division] office in order to salvage or preserve historic, prehistoric or paleoenvironmental evidence located on property owned or controlled by the United States, the State of Nevada or its political subdivisions.
2. When any agency of the state or its political subdivisions is preparing or has contracted to excavate or perform work of any kind on property owned or controlled by the United States, the State of Nevada or its political subdivisions which may endanger historic, prehistoric or paleoenvironmental evidence found on the property, or when any artifact, site or other historic or prehistoric evidence is discovered in the course of such excavation or work, the agency or the contractor hired by the agency shall notify the [division] office and cooperate with the [division] office to the fullest extent practicable, within the appropriations available to the agency or political subdivision for that purpose, to preserve or permit study of such evidence before its destruction, displacement or removal.
3. The provisions of this section [shall] must be made known to all private contractors performing such excavation or work for any agency of the state or its political subdivisions.
Sec. 360. NRS 383.160 is hereby amended to read as follows:
383.160 The [division] office shall:
1. Upon application by:
(a) An interested landowner, assist the landowner in negotiating an agreement with an Indian tribe for the treatment and disposition of an Indian burial site and any artifacts and human remains associated with the site; and
(b) Either party, mediate a dispute arising between a landowner and an Indian tribe relating to the treatment and disposition of an Indian burial site and any artifacts and human remains associated with the site.
2. In performing its duties pursuant to NRS 383.150 to 383.190, inclusive, endeavor to:
(a) Protect Indian burial sites and any associated artifacts and human remains from vandalism and destruction; and
(b) Provide for the sensitive treatment and disposition of Indian burial sites and any associated artifacts and human remains consistent with the planned use of land.
κ1993 Statutes of Nevada, Page 1594 (CHAPTER 466, AB 782)κ
Sec. 361. NRS 383.170 is hereby amended to read as follows:
383.170 1. A person who disturbs the cairn or grave of a native Indian through inadvertence while engaged in a lawful activity such as construction, mining, logging or farming and any other person who discovers the cairn or grave of a native Indian shall immediately report the discovery and the location of the Indian burial site to the [division. The division] office. The office shall immediately consult with the Nevada Indian commission and notify the appropriate Indian tribe. The Indian tribe may, with the permission of the landowner, inspect the site and recommend an appropriate means for the treatment and disposition of the site and all artifacts and human remains associated with the site.
2. If the Indian burial site is located on private land and:
(a) The Indian tribe fails to make a recommendation within 48 hours after it receives notification pursuant to subsection 1; or
(b) The landowner rejects the recommendation and mediation conducted pursuant to NRS 383.160 fails to provide measures acceptable to the landowner,
the landowner shall, at his own expense, reinter with appropriate dignity all artifacts and human remains associated with the site in a location not subject to further disturbance.
3. If the Indian burial site is located on public land and action is necessary to protect the burial site from immediate destruction, the [division] office may cause a professional archeologist to excavate the site and remove all artifacts and human remains associated with the site for subsequent reinterment, following scientific study, under the supervision of the Indian tribe.
4. Any other excavation of an Indian burial site may be conducted only:
(a) By a professional archeologist;
(b) After written notification to the administrator; and
(c) With the prior written consent of the appropriate Indian tribe. Failure of a tribe to respond to a request for permission within 60 days after its mailing by certified mail, return receipt requested, shall be deemed consent to the excavation.
All artifacts and human remains removed during such an excavation must, following scientific study, be reinterred under the supervision of the Indian tribe, except that the Indian tribe may, by explicit written consent, authorize the public display of a particular artifact. The archeologist, Indian tribe and the landowner shall negotiate an agreement to determine who will pay the expenses related to the interment.
Sec. 362. NRS 384.050 is hereby amended to read as follows:
384.050 1. The governor shall appoint [:] to the commission:
(a) One member who is a county commissioner of Storey County.
(b) One member who is a county commissioner of Lyon County.
(c) One member who is the administrator or an employee of the [division] office of historic preservation [and archeology] of the [state] department of [conservation and natural resources.] museums, library and arts.
(d) Two members who are persons licensed to practice architecture in this state.
κ1993 Statutes of Nevada, Page 1595 (CHAPTER 466, AB 782)κ
(e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.
2. The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are elected and qualified.
3. Each member of the commission is entitled to receive a salary of not more than $80, as fixed by the commission, for each days attendance at a meeting of the commission.
4. While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 363. NRS 384.095 is hereby amended to read as follows:
384.095 [1. The citizens] The board of museums and history shall serve as a board of appeals for the Comstock historic district . [, consisting of three voting members and one nonvoting member who serves as chairman, is hereby created.
2. The board of county commissioners of Storey County shall appoint two members who are residents of that county and the board of county commissioners of Lyon County shall appoint one member who is a resident of that county. Each of the persons appointed must have a knowledge of and interest in the history and historic architecture of the historic district.
3. The governor shall appoint one member to serve as the chairman of the board of appeals without a vote. The person appointed must be knowledgeable in laws relating to the preservation of historic structures and in the historic architecture of the American west.
4. After the initial appointments, the members appointed by the boards of county commissioners serve for terms of 3 years. The member appointed by the governor serves for a term of 4 years.
5. Any vacancy must be filled by the appointing authority for the remainder of the unexpired term.
6. Each member of the board of appeals is entitled to receive a salary of $40 for each days attendance at a meeting of the board. The salaries must be paid from the proceeds of any fee charged for the issuance of a certificate of appropriateness.]
Sec. 364. NRS 384.150 is hereby amended to read as follows:
384.150 1. If the commission determines that the proposed construction, reconstruction, restoration, alteration, moving or razing of the exterior architectural feature involved will be appropriate, or, although inappropriate, that failure to issue a certificate would result in hardship as provided in subsection 2 of NRS 384.130, or if the commission fails to make a determination within the time prescribed in NRS 384.130, the commission shall immediately issue to the applicant a certificate of appropriateness. The commission may charge and collect a reasonable fee for issuing the certificate. If a fee is charged, 50 percent of the proceeds must be deposited in the state general fund for credit to the appropriate account for the Comstock historic district and 50 percent must be deposited in a nonreverting account for the restoration of the fourth ward school in Virginia City, which is hereby created. Money in the account for the restoration of the fourth ward school may be expended only upon approval by the commission.
κ1993 Statutes of Nevada, Page 1596 (CHAPTER 466, AB 782)κ
for the restoration of the fourth ward school may be expended only upon approval by the commission.
2. In exercising the power to vary or modify strict adherence to the provisions of NRS 384.010 to 384.210, inclusive, or to interpret the meaning of NRS 384.010 to 384.210, inclusive, so as to relieve hardship under the provisions of subsection 2 of NRS 384.130, the commission shall require any variance, modification or interpretation to be in harmony with the general purpose and intent of NRS 384.010 to 384.210, inclusive, so that the general historical character of the district is conserved and substantial justice done. In allowing variations, the commission may impose such reasonable and additional conditions as will, in its judgment, better fulfill the purposes of NRS 384.010 to 384.210, inclusive.
3. If the commission determines that a certificate of appropriateness should not issue, it shall immediately set forth in its records the reasons for the determination, and may include recommendations respecting the proposed erection, construction, restoration, alteration, moving or razing, and shall immediately notify the applicant of the determination by transmitting to him an attested copy of the reasons and recommendations, if any, as set forth in the records of the commission.
4. The applicant may appeal a refusal of the commission to issue a certificate of appropriateness to the [citizens board of appeals] board of museums and history within 30 days after its determination and the board , [of appeals,] after a hearing on the matter, may:
(a) Approve the application with or without conditions by a unanimous vote; or
(b) Deny the application.
If the board [of appeals] approves the application, the commission shall immediately issue a certificate of appropriateness to the applicant.
Sec. 365. NRS 384.210 is hereby amended to read as follows:
384.210 1. Any person aggrieved by a determination of the commission, or of the [citizens board of appeals] board of museums and history made pursuant to subsection 4 of NRS 384.150, may, within 30 days after the making of the determination, appeal to the district court of the county where the property in question is located.
2. The court may reverse the determination of the commission if it finds that the reasons given for the determination are unsupported by the evidence or contrary to law. The proceeding in the district court is limited to the record made before the commission.
Sec. 366. NRS 388.605 is hereby amended to read as follows:
388.605 As used in NRS 388.605 to 388.655, inclusive, unless the context otherwise requires:
1. Board means the board for the education and counseling of displaced homemakers.
2. Director means the director of the state job training office or, if the office is abolished by executive order, [a person appointed by the governor who has experience in training persons to obtain and maintain employment.] the director of the department of employment, training and rehabilitation.
3. Displaced homemaker means any person who:
κ1993 Statutes of Nevada, Page 1597 (CHAPTER 466, AB 782)κ
(a) Is not gainfully employed or has less than full-time or adequate employment;
(b) Has worked at home for a substantial number of years providing household services to members of his family without compensation;
(c) Has difficulty in securing employment adequate for economic independence; and
(d) Has been dependent:
(1) On the income of another member of his family but is no longer supported by that income;
(2) Upon public assistance but is no longer eligible; or
(3) On another member of his family for the management of his personal finances but that person is no longer available to provide that assistance.
Sec. 367. NRS 396.436 is hereby amended to read as follows:
396.436 The board of regents shall cause perpetual inventory records and controls to be maintained for all equipment, materials and supplies stored or used by or belonging to the university or its departments. Copies of current inventory records and controls [shall] must be delivered to the chief of the purchasing division of the department of [general services,] administration, and such copies [shall] must satisfy the requirements of NRS 333.200.
Sec. 368. NRS 396.620 is hereby amended to read as follows:
396.620 1. Subject to the limitations specified in NRS 396.620 to 396.660, inclusive, the president of the university shall cause to be analyzed by an appropriate employee of the university any ores, minerals, soil or water taken from within the boundaries of the State of Nevada, and sent by any citizen of the State of Nevada for that purpose. Persons sending samples from post offices in states bordering Nevada may be required to furnish evidence that their samples are taken in Nevada and that they are Nevada citizens. Any citizen of the state may send any such substance for analysis and have the results mailed to him within 10 working days after it has been received, if he has supplied the university with the information for its records as provided in this section. The report sent him must also contain as nearly as possible an explanation of the uses and market value of the substance.
2. For each sample sent for analysis, the university shall charge a fee of $5 which must be used to defray the expense of conducting the analysis and storing the sample.
3. The university [must] shall keep a record, open for inspection, under such rules as may be made by the board of regents, of all minerals, ores or other matters so sent, with a history of the minerals or other matters, stating the name and residence of the person or persons from whom received, as nearly as possible the location from which the material was taken, including the district and county, and any other relevant information. This information for the records may be required to be filed with the university before any work is done on the material sent, and the 10-day limit for reports will count from the time the information is received at the university. Forms for providing the information must be printed by the state printing and micrographics division of the department of [general services] administration and distributed free.
4. A portion of the sample analyzed must be kept at the university for 3 months after the report is sent out, in case any question should arise in relation to the report or additional information be desired.
κ1993 Statutes of Nevada, Page 1598 (CHAPTER 466, AB 782)κ
relation to the report or additional information be desired. After that time expires, samples may be destroyed or used for any desirable purpose.
Sec. 369. NRS 407.011 is hereby amended to read as follows:
407.011 As used in this chapter, unless the context requires otherwise:
1. Administrator means the administrator of the division.
2. [Commission means the state park advisory commission.
3.] Department means the state department of conservation and natural resources.
[4.] 3. Director means the director of the department.
[5.] 4. Division means the division of state parks of the department.
Sec. 370. NRS 407.057 is hereby amended to read as follows:
407.057 1. The division shall maintain its headquarters office at Carson City, Nevada.
2. The division may maintain such district or branch offices throughout the state as the administrator may deem necessary to the efficient operation of the division and the various sections thereof. The administrator may, subject to the approval of the director, enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements [shall] must be executed in cooperation with the buildings and grounds division of the department of [general services] administration and in accordance with the provisions of NRS 331.110.
Sec. 371. NRS 407.063 is hereby amended to read as follows:
407.063 1. The administrator may acquire for the division, subject to the approval of the director and with the concurrence of the interim finance committee, and within the limits of legislative appropriation where money is required, real or personal property by lease or purchase. The right of eminent domain as provided by chapter 37 of NRS may be exercised by the division. The interim finance committee may clarify the legislative intent of an appropriation at the request of the director, any member of the [commission] advisory board on natural resources or the administrator.
2. Before approving the acquisition of real property to expand the area of land that surrounds a state park and in which development is to be restricted, the interim finance committee shall consult the governing body of the county, city or town in which the land to be acquired is located.
Sec. 372. NRS 408.230 is hereby amended to read as follows:
408.230 The superintendent of the state printing and micrographics division of the department of [general services] administration shall prepare and furnish such stationery and printing, including all such reports, statistics, forms, instruments and accounts as may be necessary for the use of the department and its offices upon the requisition of the director. Charges and payments for these items must be made as provided in NRS 344.110.
Sec. 373. NRS 412.014 is hereby amended to read as follows:
412.014 [Department] Office means the [department] office of the military.
Sec. 374. NRS 412.016 is hereby amended to read as follows:
412.016 [Department] Office regulations means regulations issued by the governor and regulations [promulgated] adopted by the [department] office of the military subject to the approval of the governor.
κ1993 Statutes of Nevada, Page 1599 (CHAPTER 466, AB 782)κ
Sec. 375. NRS 412.036 is hereby amended to read as follows:
412.036 All matters relating to the organization, discipline and government of the Nevada National Guard not otherwise provided for in this chapter or in [department regulations shall] office regulations must be decided by the custom and usage of the United States Army or United States Air Force, respectively.
Sec. 376. NRS 412.048 is hereby amended to read as follows:
412.048 The adjutant general shall serve as the chief of staff to the governor, the director of the [department] office of the military and the commander of the Nevada National Guard, and:
1. Is responsible, under the direction of the governor, for the supervision of all matters pertaining to the administration, discipline, mobilization, organization and training of the Nevada National Guard, Nevada National Guard Reserve and volunteer organizations licensed by the governor.
2. Shall perform all duties required of him by the laws of the United States and of the State of Nevada, and the regulations issued thereunder.
3. Shall employ such deputies, assistants and other personnel as he deems necessary to assist him in the performance of those duties required of him as director of the [department.] office. He may so employ either members of the Nevada National Guard or civilian personnel. The duties of all deputies, assistants and other personnel appointed must be prescribed by [department] office regulations. All such employees are in the unclassified service of the state except civilian, clerical, administrative, maintenance and custodial employees who are in the classified service of the state.
Sec. 377. NRS 412.052 is hereby amended to read as follows:
412.052 The adjutant general:
1. Shall supervise the preparation and submission of all returns and reports pertaining to the militia of the state required by the United States.
2. Is the channel of official military correspondence with the governor, and, on or before November 1 of each even-numbered year, shall report to the governor the transactions, expenditures and condition of the Nevada National Guard. The report must include the report of the United States Property and Fiscal Officer.
3. Is the custodian of records of officers and enlisted personnel and all other records and papers required by law or regulations to be filed in his office. He may deposit with the division of [archives and records of the] state library and archives of the department of museums, library and arts for safekeeping records of his office that are used for historical purposes rather than the administrative purposes assigned to his office by law.
4. Shall attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.
5. Shall record, authenticate and communicate to units and members of the militia all orders, instructions and regulations.
6. Shall cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia necessary to the proper administration, operation and training of it or to carry out the provisions of this chapter.
κ1993 Statutes of Nevada, Page 1600 (CHAPTER 466, AB 782)κ
7. Shall keep an appropriate seal of office and affix its impression to all certificates of record issued from his office.
8. Shall render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the governor.
Sec. 378. NRS 412.054 is hereby amended to read as follows:
412.054 1. The adjutant general may appoint two assistant adjutants general, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as chief of staff for army and chief of staff for air, respectively, at the pleasure of the adjutant general or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.
2. To be eligible for appointment to the office of assistant adjutant general, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years service in the Nevada National Guard as a federally recognized officer, 3 years of which must be immediately before his appointment.
3. An assistant adjutant general may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of brigadier general. He may be promoted by the governor to any grade not exceeding that of brigadier general.
4. The assistant adjutants general shall perform such duties as may be assigned by the adjutant general.
5. Whoever serves as chief of staff for army is in the unclassified service of the state and shall not hold any other city, county, state or federal office of profit.
6. In the event of the absence or inability of the adjutant general to perform his duties, he shall designate by [department] office regulations:
(a) One of the assistant adjutants general to perform the duties of his office as acting adjutant general.
(b) If neither assistant adjutant general is available, any national guard officer to be the acting adjutant general.
The designated assistant adjutant general or designated officer may continue to receive his authorized salary while so serving as acting adjutant general, and shall so serve until the adjutant general is again able to perform the duties of his office, or if the office is vacant, until an adjutant general is regularly appointed and qualified.
Sec. 379. NRS 412.064 is hereby amended to read as follows:
412.064 1. The [department] office of the military is hereby established. The [department,] office, under the direction of the governor, shall supervise the military affairs of the state . [and shall administer a program for emergency management.]
2. The [department] office shall adopt, subject to the approval of the governor, necessary regulations for the organization, government, armament, equipment, training and compensation of the militia of the state in conformity with the provisions of this chapter and the laws of the United States.
3. The [department] office shall make such changes in the military organization of the Nevada National Guard as are necessary from time to time to conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.