[Rev. 2/12/2019 2:07:18 PM]
κ1993 Statutes of Nevada, Page 2001 (CHAPTER 486, SB 268)κ
(b) A security issued by a holding company that is not a publicly traded corporation; or
(c) A security issued by a holding company that is a publicly traded corporation, if the enforcement of the security interest will result in the creditor acquiring control , [; or
(d) A security issued by a partnership which is a holder of a gaming license in this state,]
may not be enforced without the prior approval of the commission and compliance with the regulations adopted by the commission pursuant to subsection 2.
2. The commission shall adopt regulations establishing the procedure for the enforcement of such a security interest which are consistent with chapter 104 of NRS. Any remedy provided by the commission in its regulations for the enforcement of such a security interest is in addition to any other remedy provided by law.
Sec. 19. NRS 463.386 is hereby amended to read as follows:
463.386 1. If the commission approves the issuance of a license for gaming operations at the same location, or locations if the license is for the operation of a slot machine route, within 30 days following a change described in subsection 2, for the purposes of NRS 463.370 and 463.373 to 463.3855, inclusive, the gaming license shall be deemed transferred and the previously licensed operation shall be deemed a continuing operation.
2. Credit must be granted for prepaid license fees as described in subsection 1 if:
(a) The securities of a corporate gaming licensee are or become publicly held or publicly traded and the gaming operations of that corporation are transferred to a wholly owned subsidiary corporation;
(b) A corporate gaming licensee is merged with another corporation which is the surviving entity and at least 80 percent of the surviving entity is owned by shareholders of the former licensee;
(c) A corporate gaming licensee is dissolved, and the parent corporation of the dissolved corporation or a subsidiary corporation of the parent corporation, at least 80 percent of which is owned by the parent corporation, becomes the gaming licensee;
(d) A corporate gaming licensee or a gaming licensee which is a partnership or limited partnership is reorganized pursuant to a plan of reorganization approved by the commission, and a limited partnership or limited-liability company is the surviving entity;
(e) The assets of a gaming licensee who is a sole proprietorship are transferred to [a] :
(1) A corporation and at least 80 percent of the stock of the corporation is held by the former sole proprietor; or
(2) A limited-liability company and at least 80 percent of the interests in the limited-liability company are held by the former sole proprietor;
(f) A corporate gaming licensee is dissolved and the assets of the gaming establishment are transferred to [a] :
(1) A sole proprietorship in which the sole proprietor owned at least 80 percent of the stock of the former corporation; or
κ1993 Statutes of Nevada, Page 2002 (CHAPTER 486, SB 268)κ
(2) A limited-liability company in which at least 80 percent of the interests are owned by a person who owned at least 80 percent of the stock of the former corporation;
(g) A licensed gaming partnership or limited partnership is dissolved and the assets of the gaming establishment are transferred to a sole proprietorship in which the sole proprietor owned at least 80 percent of the former partnership or limited partnership interests;
(h) The assets of a gaming licensee who is a sole proprietorship are transferred to a partnership or limited partnership in which at least 80 percent of the ownership of the partnership or limited partnership interests are held by the former sole proprietor;
(i) A licensed gaming partnership , limited partnership or limited-liability company is dissolved and the assets of the gaming establishment are transferred to a corporation, at least 80 percent of the stock of which is held by persons who held interests in the former partnership [interests;] , limited partnership or limited-liability company;
(j) A licensed gaming partnership or limited partnership is dissolved or reorganized and the assets of the gaming establishment are transferred to a partnership, limited partnership or limited-liability company, at least 80 percent of the ownership of which is held by the former partnership interests; or
(k) A trustee, receiver, assignee for the benefit of a creditor or a fiduciary is approved to continue the operation of a licensed establishment and the commission deems the operation to continue pursuant to the existing license of the establishment.
3. Except as otherwise provided in this section, no credit or refund of fees or taxes may be made because a gaming establishment ceases operation.
Sec. 20. NRS 463.390 is hereby amended to read as follows:
463.390 1. Any natural person, firm, association , [or] corporation , partnership, limited partnership or limited-liability company desiring to conduct, operate or carry on any gambling game, slot machine or any game of chance must, upon proper application to the sheriff if there is no county license department or to that department of the county wherein it is proposed that the slot machine, game or games be conducted or operated, be issued a license for each particular device or game or slot machine under the following conditions and regulations:
(a) The natural person, firm, association , [or] corporation , partnership, limited partnership or limited-liability company so applying must furnish a complete description of the particular room and premises in which the applicant desires to carry on or conduct the slot machine, device or game, together with the location of the building, its street number, if any, and any other information by which it may be definitely and readily located and recognized.
(b) The applicant must state definitely the particular type of slot machine or the particular game or device which the applicant desires to carry on or conduct in the room and premises, and the slot machine, game or device must be specifically described in and entered upon the license.
(c) Card games, that is, stud and draw poker, bridge, whist, solo, and panguingui for money, must be licensed independently of other games mentioned in this section, regardless of locality or population, at the rate of $25 per table per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable 3 months in advance.
κ1993 Statutes of Nevada, Page 2003 (CHAPTER 486, SB 268)κ
of the calendar quarter during which the application is made, and thereafter payable 3 months in advance.
(d) A license fee of $50 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, must be paid to the sheriff or county license department for each license issued for a game or device except for slot machines and games as otherwise provided for in this section. For each money slot machine the license fee is $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance. When a combination of units are operated by one handle, the license fee is $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, for each unit paying in identical denominations operated thereby.
(e) The license entitles the holder to carry on or operate the specific slot machine, game or device for which the license is issued in the particular room and premises described therein, but not any other slot machine, game or device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for a period of 3 months next succeeding the date of issuance of the license.
2. The licensee is entitled to operate two or more slot machines, games or devices in the same room by paying the license fee provided for in this section for each slot machine, game or device and otherwise complying with the terms of this section.
3. Except as otherwise provided in subsection 4 or NRS 463.400, any person failing to pay any license fees due to a county at the times respectively provided in this chapter must pay in addition to the license fees a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but not more than $1,000 if the fees are less than 10 days late and in no case more than $5,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.
4. A county may waive all or part of any penalty due pursuant to subsection 3 if the board of county commissioners issues a written finding that the license fees were not paid in a timely manner as a result of circumstances beyond the licensees control.
5. Where the operator of a slot machine route is contractually responsible for the payment of license fees for a particular establishment which holds a restricted license, the operator is also responsible for the payment of any penalties imposed for late payment of those license fees. In such a case, the owner of the establishment is not responsible for the payment of any penalties so imposed.
Sec. 21. NRS 463.482 is hereby amended to read as follows:
463.482 As used in NRS 463.160 to 463.170, inclusive, 463.368, 463.386 and 463.482 to 463.645, inclusive, and sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 463.4825 to 463.488, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.
κ1993 Statutes of Nevada, Page 2004 (CHAPTER 486, SB 268)κ
Sec. 22. NRS 463.4825 is hereby amended to read as follows:
463.4825 Affiliated company means a subsidiary company, holding company, intermediate company or any other form of business organization that:
1. Controls, is controlled by or is under common control with a [corporate licensee;] licensee which is a corporation or limited-liability company; and
2. Is involved in gaming activities in this state or involved in the ownership of property in this state upon which gaming is conducted.
Sec. 23. NRS 463.485 is hereby amended to read as follows:
463.485 1. Holding company means any corporation, firm, partnership, limited partnership, limited-liability company, trust or other form of business organization not a natural person which, directly or indirectly:
(a) Owns;
(b) Has the power or right to control; or
(c) Holds with power to vote,
[all or] any part of the limited partnership interests , interests in a limited-liability company or outstanding voting securities of a corporation which holds or applies for a [state gaming] license.
2. For the purposes of this section, in addition to any other reasonable meaning of the words used, a holding company indirectly has, holds or owns any power, right or security mentioned in subsection 1 if it does so through any interest in a subsidiary or successive subsidiaries, however many such subsidiaries may intervene between the holding company and the [corporate licensee or applicant.] corporation, limited partnership or limited-liability company which holds or applies for a license.
Sec. 24. NRS 463.486 is hereby amended to read as follows:
463.486 Intermediary company means any corporation, firm, partnership, limited partnership, limited-liability company, trust or other form of business organization other than a natural person which:
1. Is a holding company with respect to a corporation , [or] limited partnership or limited-liability company which holds or applies for a [state gaming] license; and
2. Is a subsidiary with respect to any holding company.
Sec. 25. NRS 463.488 is hereby amended to read as follows:
463.488 Subsidiary means:
1. [Any corporation all or] A corporation any part of whose outstanding equity securities are:
(a) Owned;
(b) Subject to a power or right of control; or
(c) Held with power to vote,
by a holding company or intermediary company; or
2. [Any] A firm, partnership, limited partnership, limited-liability company, trust or other form of business organization not a natural person, [all or] any interest in which is:
(a) Owned;
(b) Subject to a power or right of control; or
(c) Held with power to vote,
by a holding company or intermediary company.
κ1993 Statutes of Nevada, Page 2005 (CHAPTER 486, SB 268)κ
Sec. 26. NRS 463.585 is hereby amended to read as follows:
463.585 1. If [the] a corporation , partnership, limited partnership, limited-liability company or other business organization applying for or holding a license is or becomes a subsidiary, each holding company and each intermediary company with respect thereto must:
(a) Qualify to do business in the State of Nevada.
(b) If it is a corporation, register with the commission and furnish the board:
(1) A complete list of all stockholders when it first registers, and annually thereafter, within 30 days after the annual meeting of the stockholders of the corporation, showing the number of shares held by each.
(2) The names of all corporate officers within 30 days of their appointment.
(3) The names of all members of the board of directors within 30 days of their election.
(c) If it is a firm, partnership, trust or other form of business organization, it must register with the commission and furnish the board such analogous information as the commission may prescribe.
2. The board or the commission may in its discretion make such investigations concerning the officers, directors, underwriters, security holders, partners, principals, trustees or direct or beneficial owners of any interest in any holding company or intermediary company as it deems necessary, either at the time of initial registration or at any time thereafter.
3. If at any time the commission finds that any person owning, controlling or holding with power to vote [all or] any part of any class of security of, or any interest in, any holding company or intermediary company is unsuitable to be connected with a licensed gaming enterprise, it shall so notify [such] the unsuitable person, the holding company or intermediary company, or both. [Such] The unsuitable person shall immediately offer [such] the security to the issuing corporation, or [such] the interest to the firm, partnership, trust or other business organization, for purchase. The corporation shall purchase the security so offered, or the firm, partnership, trust or other business organization shall purchase the interest so offered, for cash at fair market value within 10 days after the date of the offer.
4. Beginning upon the date when the commission serves notice of a determination of unsuitability pursuant to subsection 3, it is unlawful for the unsuitable person:
(a) To receive any dividend or interest upon any such securities, or any dividend, payment or distribution of any kind from any holding company or intermediary company;
(b) To exercise, directly or indirectly or through any proxy, trustee or nominee, any voting right conferred by such securities or interest; or
(c) To receive any remuneration in any form from the [corporate gaming licensee,] corporation, partnership, limited partnership, limited-liability company or other business organization holding a license or from any holding company or intermediary company with respect thereto, for services rendered or otherwise.
5. Every security issued by a holding company or intermediary company which directly or indirectly:
κ1993 Statutes of Nevada, Page 2006 (CHAPTER 486, SB 268)κ
(a) Owns;
(b) Has the power or right to control; or
(c) Holds with power to vote,
[all or] any part of the outstanding equity securities of a [corporate gaming licensee] corporation holding a gaming license or the interests in a partnership, limited partnership, limited-liability company or other business organization holding a gaming license shall bear a statement, on both sides of the certificate evidencing such security, of the restrictions imposed by this section.
6. A holding company or intermediary company subject to subsection 1 shall not make any public offering of any of its securities unless such public offering has been approved by the commission.
7. The commission may, at any time and from time to time, by general regulation or selectively , impose on any holding company or intermediary company any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.645, inclusive.
Sec. 27. NRS 463.595 is hereby amended to read as follows:
463.595 1. Each officer, employee, director, partner, principal, manager, member, trustee or direct or beneficial owner of any interest in any holding company or intermediary company, who the commission determines is or is to become engaged in the administration or supervision of, or any other significant involvement with, the activities of a [corporate] licensee, must be found suitable therefor and may be required to be licensed by the commission.
2. If any officer, employee, director, partner, principal, manager, member, trustee or direct or beneficial owner required to be found suitable pursuant to subsection 1 fails to apply for a finding of suitability or a gaming license within 30 days after being requested so to do by the commission, is not found suitable or is denied a license by the commission, or if his license or the finding of his suitability is revoked after appropriate findings by the commission, the holding company or intermediary company, or both, shall immediately remove that person from any position in the administration or supervision of, or any other significant involvement with, the activities of a [corporate] licensee. If the commission suspends the suitability or license of any officer, employee, director, partner, principal, manager, member, trustee or owner, the holding company or intermediary company, or both, shall, immediately and for the duration of the suspension, suspend him from performing any duties in administration or supervision of the activities of the [corporate] licensee and from any other significant involvement therewith.
Sec. 28. NRS 463.605 is hereby amended to read as follows:
463.605 If [the] a corporation , partnership, limited partnership, limited-liability company or other business organization applying for or holding a license is or becomes a subsidiary, each holding company and intermediary company shall furnish the board the following information:
1. The organization, financial structure and nature of the business it operates.
κ1993 Statutes of Nevada, Page 2007 (CHAPTER 486, SB 268)κ
2. The terms, position, rights and privileges of the different classes of securities outstanding.
3. The terms on which its securities are to be, and during the preceding 3 years have been, offered to the public or otherwise.
4. The terms and conditions of all outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device pertaining to the [corporate] gaming licensee.
5. The extent of the security holding or other interest in the holding company or intermediary company of all officers, employees, directors, underwriters, partners, principals, managers, members, trustees or any direct or beneficial owner, and any remuneration as compensation for their services, in the form of salary, wages, fees, or by contract, pertaining to the [corporate] gaming licensee.
6. Remuneration to others than directors and officers exceeding $40,000 per annum.
7. Bonus and profit-sharing arrangements.
8. Management and service contracts.
9. Options existing or to be created in respect of their securities or other interests.
10. Balance sheets, certified by independent certified public accountants, for not more than the 3 preceding fiscal years, or, if the holding company or intermediary company has not been in existence more than 3 years, balance sheets from the time of its establishment.
11. Profit and loss statements, certified by independent certified public accountants, for not more than the 3 preceding fiscal years, or, if the holding company or intermediary company has not been in existence more than 3 years, profit and loss statements from the time of its establishment.
12. Any further financial statements which the board may deem necessary or appropriate for the protection of the State of Nevada, licensed gambling, or both.
13. An annual profit and loss statement and an annual balance sheet, and a copy of its annual federal income tax return, within 30 days after such return is filed with the Federal Government.
Sec. 29. NRS 463.615 is hereby amended to read as follows:
463.615 If any [corporate or limited partnership licensee,] corporation, partnership, limited partnership, limited-liability company or other business organization holding a license or if any holding company or intermediary company with respect thereto, does not comply with the laws of this state and the regulations of the commission, the commission may, in its discretion, do any one, all or a combination of the following:
1. Revoke, limit, condition or suspend the [gaming] license of the [corporate or limited partnership licensee;] corporation, partnership, limited partnership, limited-liability company or other business organization; or
2. Fine the persons involved, or the [corporate or limited partnership licensee,] corporation, partnership, limited partnership, limited-liability company or other business organization holding a license or such holding company or intermediary company,
in accordance with the laws of this state and the regulations of the commission.
κ1993 Statutes of Nevada, Page 2008 (CHAPTER 486, SB 268)κ
Sec. 30. NRS 463.635 is hereby amended to read as follows:
463.635 1. If a corporation [or] , partnership, limited partnership , limited-liability company or other business organization applying for or holding a state gaming license is or becomes owned in whole or in part or controlled by a publicly traded corporation, or if a publicly traded corporation applies for or holds a state gaming license, the publicly traded corporation shall:
(a) Maintain a ledger in the principal office of its subsidiary which is licensed to conduct gaming in this state, which must:
(1) Reflect the ownership of record of each outstanding share of any class of equity security issued by the publicly traded corporation. The ledger may initially consist of a copy of its latest list of equity security holders and thereafter be maintained by adding a copy of such material as it regularly receives from the transfer agent for its equity securities of any class which are outstanding.
(2) Be available for inspection by the board and the commission and their authorized agents at all reasonable times without notice.
(b) Register with the commission and provide the following information to the board:
(1) The organization, financial structure and nature of the business of the publicly traded corporation, including the names of all officers, directors and any employees actively and directly engaged in the administration or supervision of the activities of the [corporate or limited partnership] gaming licensee, and the names, addresses and number of shares held of record by holders of its equity securities.
(2) The rights and privileges accorded the holders of different classes of its authorized equity securities.
(3) The terms on which its equity securities are to be, and during the preceding 3 years have been, offered by the corporation to the public or otherwise initially issued by it.
(4) The terms and conditions of all its outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device, directly relating to the gaming activities of the [corporate or limited partnership] gaming licensee.
(5) The extent of the equity security holdings of record in the publicly traded corporation of all officers, directors, underwriters and persons owning of record equity securities of any class of the publicly traded corporation, and any payment received by any such person from the publicly traded corporation for each of its 3 preceding fiscal years for any reason whatsoever.
(6) Remuneration exceeding $40,000 per annum to persons other than directors and officers who are actively and directly engaged in the administration or supervision of the gaming activities of the [corporate or limited partnership] gaming licensee.
(7) Bonus and profit-sharing arrangements of the publicly traded corporation directly or indirectly relating to the gaming activities of the [corporate or limited partnership] gaming licensee.
(8) Management and service contracts of the publicly traded corporation directly or indirectly relating to the gaming activities of the [corporate or limited partnership] gaming licensee.
κ1993 Statutes of Nevada, Page 2009 (CHAPTER 486, SB 268)κ
(9) Options existing or from time to time created in respect of its equity securities.
(10) Balance sheets, certified by independent public accountants, for at least the 3 preceding fiscal years, or if the publicly traded corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. These balance sheets may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(11) Profit and loss statements, certified by independent certified public accountants, for at least the 3 preceding fiscal years, or, if the publicly traded corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. These profit and loss statements may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(12) Any further information within the knowledge or control of the publicly traded corporation which either the board or the commission may deem necessary or appropriate for the protection of this state, or licensed gambling, or both. The board or the commission may in its discretion make such investigation of the publicly traded corporation or any of its officers, directors, security holders or other persons associated therewith as it deems necessary.
(c) Apply for an order of registration from the commission which must set forth a description of the publicly traded corporations affiliated companies and intermediary companies, and the various gaming licenses and approvals obtained by those entities. The commission may issue an order of registration upon receipt of a proper application. If the information set forth in an order of registration changes, the publicly traded corporation shall apply for and the commission may issue amendments to and revisions of the order of registration to reflect the changes.
(d) If the publicly traded corporation is a foreign corporation, qualify to do business in this state.
2. The commission may adopt regulations that generally or selectively impose on any publicly traded corporation any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.645, inclusive.
Sec. 31. NRS 463.641 is hereby amended to read as follows:
463.641 If any [corporate or limited partnership licensee] corporation, partnership, limited partnership, limited-liability company or other business organization holding a license is owned or controlled by a publicly traded corporation subject to the provisions of this chapter, or that publicly traded corporation, does not comply with the laws of this state and the regulations of the commission, the commission may in its discretion do any one, all or a combination of the following:
1. Revoke, limit, condition or suspend the [gaming] license of the [corporate or limited partnership] licensee; or
2. Fine the persons involved, the [corporate or limited partnership] licensee or the publicly traded corporation, in accordance with the laws of this state and the regulations of the commission.
κ1993 Statutes of Nevada, Page 2010 (CHAPTER 486, SB 268)κ
in accordance with the laws of this state and the regulations of the commission.
Sec. 32. NRS 463.645 is hereby amended to read as follows:
463.645 If any person who is required by or pursuant to this chapter to be licensed or found suitable because of his connection with a [corporate licensee,] corporation, partnership, limited partnership, limited-liability company or other business organization holding a license, or a holding company or intermediary company, including a publicly traded corporation, fails to apply for a license or a finding of suitability after being requested to do so by the commission or is denied a license or a finding of suitability, or if his license or finding of suitability is revoked, the [corporate licensee,] corporation, partnership, limited partnership, limited-liability company, business organization, holding company, intermediary company or any person who directly or indirectly controls, is controlled by or is under common control with the [corporate licensee,] corporation, partnership, limited partnership, limited-liability company, business organization, holding company or intermediary company shall not, after receipt of written notice from the commission:
1. Pay him any remuneration for any service relating to the activities of a [corporate] licensee, except for amounts due for services rendered before the date of receipt of notice of such action by the commission. Any contract or agreement for personal services or the conduct of any activity at a licensed gaming establishment between a former employee whose employment was terminated because of failure to apply for a license or a finding of suitability, denial of a license or finding of suitability, or revocation of a license or a finding of suitability, or any business enterprise under the control of that employee and the [corporate] licensee, holding or intermediary company or registered publicly traded corporation is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
2. Enter into any contract or agreement with him or with a business organization under his control which involves the operations of a [corporate] licensee, without the prior approval of the commission.
3. Employ him in any position involving the activities of a [corporate] licensee without prior approval of the commission.
Sec. 33. NRS 463.650 is hereby amended to read as follows:
463.650 1. Except as otherwise provided in subsections 2 to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device or cashless wagering system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.
2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.
κ1993 Statutes of Nevada, Page 2011 (CHAPTER 486, SB 268)κ
3. The holder of a state gaming license or the holding company of a [corporate licensee] corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of its gaming devices, including slot machines, and cashless wagering systems, without a distributors license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributors license.
4. The commission may, by regulation, authorize a person who owns slot machines for home use in accordance with subsection 3 of NRS 463.160 to sell such devices without procuring a license therefor.
5. Upon approval by the board, a gaming device owned by:
(a) A law enforcement agency;
(b) A court of law; or
(c) A gaming device repair school licensed by the commission on post-secondary education,
may be disposed of by sale, in a manner approved by the board, without a distributors license. An application for approval must be submitted to the board in the manner prescribed by the chairman.
6. Any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturers or distributors license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.
7. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.
8. The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.
9. As used in this section, holding company has the meaning ascribed to it in NRS 463.485.
Sec. 34. NRS 86.281 is hereby amended to read as follows:
86.281 A limited-liability company organized and existing under this chapter may:
1. Sue and be sued, complain and defend, in its name;
2. Purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or an interest in it, wherever situated;
3. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its property and assets;
4. Lend money to and otherwise assist its members;
5. Purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with shares or other interests in or obligations of domestic or foreign limited-liability companies, domestic or foreign corporations, associations, general or limited partnerships or natural persons, or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of it;
κ1993 Statutes of Nevada, Page 2012 (CHAPTER 486, SB 268)κ
of domestic or foreign limited-liability companies, domestic or foreign corporations, associations, general or limited partnerships or natural persons, or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of it;
6. Make contracts and guarantees and incur liabilities, borrow money at such rates of interest as the company may determine, issue its notes, bonds and other obligations and secure any of its obligations by mortgage or pledge of all or any part of its property, franchises and income;
7. Lend money for its proper purposes, invest and reinvest its money and take and hold real property and personal property for the payment of money so loaned or invested;
8. Conduct its business, carry on its operations and have and exercise the powers granted by this chapter in any state, territory, district or possession of the United States, or in any foreign country;
9. Elect or appoint managers and agents, and define their duties and fix their compensation;
10. Make and alter operating agreements, not inconsistent with its articles of organization or with the laws of this state, for the administration and regulation of the affairs of the limited-liability company;
11. Cease its activities and surrender its articles of organization;
12. Have and exercise all powers necessary or convenient to effect any of the purposes for which the company is organized; [and]
13. Become a member of a general partnership, limited partnership, joint venture or similar association, or any other limited-liability company [.] ; and
14. Hold a license issued pursuant to the provisions of chapter 463 of NRS.
Sec. 35. NRS 86.331 is hereby amended to read as follows:
86.331 1. [A] Except as otherwise provided in section 9 of this act, a member is not entitled to receive out of a limited-liability company property any part of his contributions to capital until:
(a) All liabilities of the company, except liabilities to members on account of their contributions to capital, have been paid or there remains property of the company sufficient to pay them;
(b) The consent of all members is had, unless the return of the contribution to capital may be rightfully demanded as provided in this chapter; or
(c) The articles or organization are canceled or so amended as to set out the withdrawal or reduction.
2. Subject to the provisions of subsection 1 of this section, a member may rightfully demand the return of his or its contribution:
(a) On the dissolution of the limited-liability company; or
(b) After he has given all other members of the limited-liability company 6 months prior notice in writing, if no time is specified in the articles of organization for the dissolution of the limited liability company.
3. In the absence of a statement in the articles of organization to the contrary or the consent to all members of the company, a member, irrespective of the nature of his contribution, has only the right to demand and receive cash in return for his or its contribution to capital.
κ1993 Statutes of Nevada, Page 2013 (CHAPTER 486, SB 268)κ
4. A member of a limited-liability company may petition the district court to order the company dissolved and its affairs wound up when:
(a) The member rightfully but unsuccessfully has demanded the return of his or its contribution; or
(b) The other liabilities of the company have not been paid, or the companys property is insufficient for their payment and the member would otherwise be entitled to the return of his contribution.
Sec. 36. Section 33 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
Senate Bill No. 256 — Committee on Natural Resources
CHAPTER 487
AN ACT relating to the state personnel system; providing that a contract for an independent contractor to represent the state in court must require the independent contractor to identify in all pleadings the specific agency which he is representing; 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 284.173 is hereby amended to read as follows:
284.173 1. Elective officers and heads of departments, board, 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.
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 contractors are met.
κ1993 Statutes of Nevada, Page 2014 (CHAPTER 487, SB 256)κ
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 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 and Community College System 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.
(d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.
8. The state board of examiners shall review each contract submitted for approval pursuant to subsection 6 to consider:
(a) Whether sufficient authority exists to expend the money required by the contract; and
(b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.
If the contract submitted for approval continues an existing contractual relationship, the board shall ask each agency to ensure that the state is receiving the services that the contract purports to provide.
9. If the services of an independent contractor are contracted for to represent an agency of the state in any proceeding in any court, the contract must require the independent contractor to identify in all pleadings the specific state agency which he is representing.
Sec. 2. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 2015κ
Senate Bill No. 229 — Committee on Natural Resources
CHAPTER 488
AN ACT relating to watercraft; requiring insurers and persons who repair vessels to notify insureds of the requirement that a notice be filed with the department of wildlife concerning certain accidents involving vessels; 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 488.215 is hereby amended to read as follows:
488.215 1. The operator of a vessel involved in a collision, accident or other casualty shall, so far as he can do so without serious danger to his own vessel, crew and passengers, render to other persons affected by the casualty such assistance as may be practicable and as may be necessary to save them from or minimize any danger caused by the casualty, and shall give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the casualty.
2. In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the casualty results in death or injury to a person or damage to property in excess of $200, shall file with the department of wildlife a full description of the casualty, including such information as the commission may, by regulation, require.
3. Upon receipt of a claim under a policy of insurance with respect to a collision, accident or other casualty for which a report is required by subsection 2, the insurer shall provide written notice to the insured of his responsibility pursuant to subsection 2 to file with the department of wildlife a full description of the casualty.
4. Upon receipt of a request for repair with respect to a collision, accident or other casualty for which a report is required by subsection 2, the person who repairs the vessel shall provide written notice to the person requesting the repairs of the requirement set forth in subsection 2 that the operator file with the department of wildlife a full description of the casualty.
5. The insurer and the person who repairs a vessel shall transmit a copy of each notice they provide pursuant to subsections 3 and 4, respectively, to the department of wildlife at the same time it is provided to the person requesting the repairs.
________
κ1993 Statutes of Nevada, Page 2016κ
Senate Bill No. 10 — Committee on Judiciary
CHAPTER 489
AN ACT relating to criminal offenders; requiring a report of a presentence investigation to include the evaluation of the defendant conducted to determine if he is an abuser of alcohol or drugs and eligible for a program of treatment; authorizing certain psychologists to conduct such evaluations; 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 484.3796 is hereby amended to read as follows:
484.3796 1. Before sentencing an offender pursuant to NRS 484.3795 or paragraph (c) of subsection 1 of NRS 484.3792, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.
2. The evaluation must be conducted by:
(a) A counselor certified to make such an evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; [or]
(b) A physician certified to make such an evaluation by the board of medical examiners [.] ; or
(c) A psychologist certified to make such an evaluation by the board of psychological examiners.
3. The counselor [or physician] , physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.
Sec. 2. NRS 176.145 is hereby amended to read as follows:
176.145 1. The report of the presentence investigation must contain:
(a) Any prior criminal record of the defendant;
(b) 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;
(c) 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 and the extent of such information to be included in the report is solely at the discretion of the department;
(d) Information concerning whether he has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;
(e) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if an evaluation is required pursuant to that section;
κ1993 Statutes of Nevada, Page 2017 (CHAPTER 489, SB 10)κ
(f) A recommendation of a definite term of confinement or an amount of fine, or both;
[(f)] (g) A recommendation, if the department deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176.2248; and
[(g)] (h) Such other information as may be required by the court.
2. The department of parole and probation 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. 3. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
Assembly Bill No. 773 — Committee on Commerce
CHAPTER 490
AN ACT relating to community antenna television companies; revising the provisions governing the telecommunication services offered by community antenna television companies; 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 704.040 is hereby amended to read as follows:
704.040 1. Every public utility shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.
2. Every unjust and unreasonable charge for service of a public utility is unlawful.
3. The commission may exempt, to the extent it deems reasonable, services related to telecommunication or public utilities which provide telecommunication services from any or all of the provisions of this chapter, upon a determination after hearing that the services are competitive or discretionary and that regulation thereof is unnecessary. For the purposes of this subsection, basic local exchange service and access services provided to interexchange carriers are not discretionary.
4. The commission shall adopt regulations necessary to establish an alternative plan of regulation of a public utility that provides telecommunication services. The alternative plan may include, but is not limited to, provisions that:
(a) Allow adjustment of the rates charged by a public utility that provides telecommunication services during the period in which the utility elects the alternative plan of regulation.
(b) Provide for flexibility of pricing for discretionary services and services that are competitive.
κ1993 Statutes of Nevada, Page 2018 (CHAPTER 490, AB 773)κ
(c) Specify the provisions of this chapter and chapter 707 of NRS that do not apply to a public utility that elects to be regulated under the alternative plan.
5. A public utility that elects to be regulated under the alternative plan established pursuant to subsection 4 is not subject to the remaining provisions of this chapter or chapter 707 of NRS to the extent specified pursuant to paragraph (c) of subsection 4.
6. All providers of telecommunication services which offer the same or similar service must be subject to fair and impartial regulation, to promote adequate, economical and efficient service.
7. For the purposes of this section, interexchange carrier means any person providing intrastate telecommunications service for a fee between two or more exchanges.
Sec. 2. NRS 711.240 is hereby amended to read as follows:
711.240 1. Except with respect to reasonable promotional activities, a person shall not advertise, offer to provide or provide any service to subscribers of television services at a rate, including any rebate, less than the cost to the company to provide the service which is advertised, offered or provided with the intent to:
(a) Impair fair competition or restrain trade among companies which provide services in the same area; or
(b) Create a monopoly.
2. For the purposes of this section cost means the expense of doing business including, without limitation, expenses for labor, rent, depreciation, interest, maintenance, delivery of the service, franchise fees, taxes, insurance and advertising.
3. [It is unlawful for a] A community antenna television company [to offer] may offer any telecommunication or related services which are offered in the same area by a telephone company , pursuant to [rates or] chapter 704 of NRS and regulations approved by the public service commission of Nevada [.] for providers of similar services. A community antenna television company shall obtain a certificate of public convenience and necessity pursuant to NRS 704.330 before providing telecommunication or related services which are subject to regulation by the public service commission of Nevada.
4. A violation of subsection 1 constitutes a prohibited act under NRS 598A.060. The attorney general and any other person may exercise the powers conferred by that chapter to prevent, remedy or punish such a violation. The provisions of chapter 598A of NRS apply to any such violation.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 2019κ
Assembly Bill No. 750 — Assemblymen Hettrick, Schneider, Augustine, Neighbors, Petrak, Regan, de Braga, Chowning, Humke, Scherer, Anderson, McGaughey, Freeman, Garner, Marvel, Gregory, Gibbons, Kenny, Wendell Williams, Arberry, Bonaventura, Perkins, Segerblom, Heller, Bennett, Evans, Lambert, Tiffany, Ernaut, Spitler, Bache, Smith, Myrna Williams, Porter, Toomin, Sader, Carpenter, Giunchigliani, Collins, Dini and Price
CHAPTER 491
AN ACT relating to real estate transactions; providing for the registration of an intermediary of an exchange of real property which is tax free pursuant to the Internal Revenue Code; prohibiting a person from acting as such an intermediary unless he and the exchange meet certain qualifications of the Internal Revenue Service; prohibiting an intermediary from handling a clients money in a manner which is detrimental to the interests of the client; 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. Chapter 645 of NRS is hereby amended by adding thereto the provisions set fort as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. As used in section 2 to 7, inclusive, of this act, qualified intermediary has the meaning ascribed to in 26 C.F.R. § 1.1031(k)-1(g).
2. The term includes any person who advertises or holds himself out as prepared to facilitate a tax-free exchange of property in this state by acting as the custodian of money or other property.
3. The term does not include a bank or other depository institution, an escrow company, a title insurer, an agent licensed pursuant to chapter 692A of NRS or its subsidiaries or employees.
Sec. 3. 1. Except as otherwise provided in section 4 of this act, a person shall not act as a qualified intermediary unless he is registered as such with the division. The division may adopt such regulations as it deems necessary to carry out the provisions of sections 2 to 7, inclusive, of this act.
2. A person may apply for registration by paying to the division a $100 fee plus the actual cost of a background investigation conducted by the Federal Bureau of Investigation and filing with the division:
(a) The following information on a form provided by the division:
(1) The applicants name, address and telephone number;
(2) The name under which the applicant will hold the money or other property of a client;
(3) The names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each; and
(4) The length of time the applicant has been engaged in the business of acting as such an intermediary; and
(b) A card provided by the division upon which the applicants fingerprints, taken by an agency of law enforcement, are displayed.
3. The division shall:
κ1993 Statutes of Nevada, Page 2020 (CHAPTER 491, AB 750)κ
(a) Mail the card upon which the applicants fingerprints are displayed to the Federal Bureau of Investigation; and
(b) Request from the Bureau such information regarding the applicants criminal history as the division deems necessary.
4. Registration pursuant to this section must be renewed each year on or before the date of the original registration by providing the information required by the division for that purpose and paying a renewal fee of $75.
Sec. 4. If the intermediary is a corporation qualified to do business in this state, every officer and director of the corporation who does business in this state must be registered. No other employee is required to register.
Sec. 5. A qualified intermediary shall inform the division in writing of any change in his address or telephone number.
Sec. 6. 1. Except as otherwise provided in subsection 2, a qualified intermediary shall post with the division a bond executed by the intermediary as principal, and by a corporation qualified pursuant to the laws of this state as a surety. The bond must be payable to the State of Nevada and conditioned upon the payment of all money due to the state and the clients of the intermediary. The division shall, by regulation, establish the minimum amount required for the bond.
2. In lieu of such a bond an intermediary may deposit with the division under such terms and conditions as the division may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the division.
3. Any person claiming against a bond may bring an action in a court of competent jurisdiction on the bond for damages to the extent covered by the bond. A person who brings an action on a bond shall notify the division in writing upon filing the action.
4. Upon receiving a request from a person for whose benefit a bond is required, the division shall notify him:
(a) That a bond is in effect and the amount of the bond; and
(b) If there is an action against the bond, of the title, court and case number of the action and the amount sought by the plaintiff.
5. If a surety wishes to make payment without awaiting action by a court, the amount of the bond must be reduced to the extent of any payment made by the surety in good faith under the bond. Any payment must be based on written claims received by the surety before any action is taken by a court.
6. Claims against a bond have equal priority, and if the bond is insufficient to pay all claims in full, they must be paid on a pro rata basis. Partial payment of claims is not full payment, and any claimant may bring an action against the intermediary for the unpaid balance.
Sec. 7. The division shall deposit any money it receives from a civil penalty imposed pursuant to section 9 of this act with the state treasurer for credit to a separate account in the state general fund. The division shall expend at least 75 percent of the money so received to pay administrative costs related to:
1. The registration of intermediaries; and
κ1993 Statutes of Nevada, Page 2021 (CHAPTER 491, AB 750)κ
2. Any program it develops to supply information regarding intermediaries to the public.
Any remaining money may be used by the division to reimburse residents of Nevada for financial losses caused by the illegal conduct of an intermediary.
Sec. 8. NRS 645.240 is hereby amended to read as follows:
645.240 1. The provisions of this chapter do not apply to, and the terms real estate broker and real estate salesman do not include, any person who, as owner or lessor, performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with reference to property owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where those acts are performed in the regular course of or as an incident to the management of such property and the investment therein. For the purposes of this subsection, management means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. The term does not include sales activities.
2. [The] Except as otherwise provided in sections 2 to 7, inclusive, of this act, the provisions of this chapter do not apply to:
(a) Any bank, thrift company, credit union, trust company, savings and loan association or any mortgage or farm loan association licensed under the laws of this state or of the United States, with reference to property it has acquired for development, for the convenient transaction of its business, or as a result of foreclosure of property encumbered in good faith as security for a loan or other obligation it has originated or holds.
(b) A corporation which, through its regular officers who receive no special compensation for it, performs any of those acts with reference to the property of the corporation.
(c) The services rendered by an attorney at law in the performance of his duties as an attorney at law.
(d) A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.
(e) A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.
(f) The purchase, sale or locating of mining claims or options thereon or interests therein.
(g) The State of Nevada or a political subdivision thereof.
Sec. 9. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for a person to enter into an agreement to act as an intermediary to hold the money of another person pursuant to an exchange of property which is or is purported to be tax free pursuant to 26 U.S.C. § 1031 unless:
(a) The intermediary is a qualified intermediary as defined in 26 C.F.R. 1.1031(k)-1(g);
(b) The money is deposited in a qualified escrow account as defined in 26 C.F.R. 1.1031(k)-1(g); and
κ1993 Statutes of Nevada, Page 2022 (CHAPTER 491, AB 750)κ
(c) The money is held in such a manner that it may not be withdrawn from the escrow account without the written approval of the intermediary and the person for whom he is holding the money.
2. A person who violates the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine or not more than $5,000, or by both fine and imprisonment.
3. In addition to any other penalty imposed, the court shall order a person who violates subsection 1 to pay a civil penalty of not less than $10,000. The money so collected:
(a) Must not be deducted from any penal fine imposed by the court;
(b) Must be stated separately on the courts docket; and
(c) Must be remitted forthwith to the administrator of the division of real estate of the department of commerce.
Sec. 10. 1. This section becomes effective on July 1, 1993.
2. Sections 1 to 8, inclusive, of this act become effective on July 1, 1993, for purposes related to the adoption of administrative regulations, and on July 1, 1994, for all other purposes.
3. Section 9 of this act becomes effective on October 1, 1993.
________
Assembly Bill No. 742 — Committee on Government Affairs
CHAPTER 492
AN ACT relating to court reporters; providing for an additional fee to be paid to court reporters for reporting and transcribing a proceeding in district court, in justices court, before a grand jury or before a magistrate if the transcript is ordered to be delivered on or before the start of the next day the court is scheduled to conduct business; specifying that such fees must be paid out of the county treasury; 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 3.370 is hereby amended to read as follows:
3.370 1. For his services the official reporter or reporter pro tempore is entitled to the following fees:
(a) For being available to report civil and criminal testimony and proceedings when the court is sitting, $120 per day, to be paid by the county as provided in subsection [2.] 3.
(b) For transcription, $2.25 per page for the original draft, and 50 cents per page for each additional copy to the party ordering the original draft. For transcription for any party other than the party ordering the original draft, 50 cents per page.
(c) For reporting all civil matters, in addition to the salary provided in paragraph (a), $17.50 for each hour or fraction thereof actually spent, to be taxed as costs pursuant to subsection [3.] 4. If the fees for any day computed according to the hourly rate would exceed $120, the fee to be taxed for each civil matter reported is that proportion of $120 which the time spent on that matter bore to the total time spent that day.
κ1993 Statutes of Nevada, Page 2023 (CHAPTER 492, AB 742)κ
civil matter reported is that proportion of $120 which the time spent on that matter bore to the total time spent that day.
For the purposes of this subsection, a page is a sheet of paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2 inches from the left edge of the paper. The right margin must not be more than three-fourths of an inch from the right edge of the paper. Each sheet must be numbered on the left margin and must contain at least 24 lines of type. The first line of each question and of each answer may be indented not more than five spaces from the left margin. The first line of any paragraph or other material may be indented not more than 10 spaces from the left margin. There must not be more than one space between words or more than two spaces between sentences. The type size must not be larger than 10 characters per inch. The lines of type may be double spaced or one and one-half spaced.
2. If the services of more than one reporter are required by the court in a criminal proceeding, each reporter is entitled to receive the fee set forth in paragraph (a) of subsection 1. Each reporter in a criminal proceeding is entitled to receive an additional fee equal to one-half of the fee to which he is entitled pursuant to paragraph (b) of subsection 1 for transcribing a proceeding of which the transcripts are ordered by the court to be delivered on or before the state of the next day the court is scheduled to conduct business.
3. The fee specified in paragraph (a) of subsection 1 , [must be paid out of the county treasury upon the order of the court. In criminal cases] the fees for transcripts in criminal cases ordered by the court to be made and the fees specified in subsection 2 must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in the same manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to the official reporter in lieu of per diem. The salary, and also actual traveling expenses in cases where the reporter acts in more than one county, must be prorated by the judge on the basis of time consumed by work in the respective counties and must be paid out of the respective county treasuries upon the order of the court.
[3.] 4. In civil cases the fees prescribed in paragraph (c) of subsection 1 and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole fee. In either case all amounts so paid by the party to whom costs are awarded must be taxes as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering them. No reporter may be required to perform any service in a civil case until his fees have been paid to him or deposited with the clerk of the court.
[4.] 5. Where a transcript is ordered by the court or by any party, the fees for it must be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.
[5.] 6. The testimony and proceedings in an uncontested divorce action need not be transcribed unless requested by a party or ordered by the court.
κ1993 Statutes of Nevada, Page 2024 (CHAPTER 492, AB 742)κ
Sec. 2. NRS 171.198 is hereby amended to read as follows:
171.198 1. The magistrate shall employ a certified shorthand 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 to, 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 in case 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 state or dead, or when his personal attendance cannot be had in court.
Sec. 3. Section 1 of Assembly Bill No. 65 of this session is hereby amended to read as follows:
Section 1. NRS 171.198 is hereby amended to read as follows:
171.198 1. The magistrate shall employ a certified shorthand 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 to, 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 NRS 3.370, to be paid out to the county treasury as other claims against the county are allowed and paid.
κ1993 Statutes of Nevada, Page 2025 (CHAPTER 492, AB 742)κ
paid out to 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 [in case] 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 state , [or] 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. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 689 — Committee on Judiciary
CHAPTER 493
AN ACT relating to juveniles; making various changes regarding the placement of delinquent children and children in need of supervision; requiring the preparation of a plan for the establishment and implementation of a uniform system for the reporting, collection and maintenance of information regarding juvenile justice 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. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Before the court may order the commitment of a child to the custody of the division of child and family services of the department of human resources pursuant to section 4 of this act, the court shall:
1. Notify the division of child and family services at least 3 working days before the court holds a hearing to consider such a commitment; and
2. At the request of the division of child and family services, provide the division with not more than 10 working days within which to investigate the child and his circumstances, and to recommend a suitable placement to the court.
Sec. 3. 1. If the court finds that a child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:
κ1993 Statutes of Nevada, Page 2026 (CHAPTER 493, AB 689)κ
(a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and
(b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.
A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.
2. A child who is:
(a) Less than 12 years of age must not be committed to or otherwise placed in the Nevada youth training center or the Caliente youth center.
(b) Not adjudicated to be delinquent must not be committed to or otherwise placed in Nevada youth training center, the Caliente youth center or any other facility that provides correctional care.
Sec. 4. 1. If the court finds that a child who is 8 years of age or older is:
(a) Delinquent;
(b) In need of placement in a correctional or institutional facility; and
(c) In need of residential psychiatric services or other residential services for his mental health, if the child is 12 years of age or older,
the court may, in addition to the options set forth in subsection 1 of NRS 62.211, commit the child to the custody of the division of child and family services of the department of human resources for suitable placement by the division pursuant to section 5 of this act.
2. The court may order, when committing a child to the custody of the division of child and family services pursuant to this section, that the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. Those payments must be paid to the administrator of the division of child and family services, who shall immediately deposit the money with the state treasurer for credit to the state general fund.
3. The court shall order, before committing a child to the custody of the division of child and family services pursuant to this section, that the child be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis and examination for venereal disease, by a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the court. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the court shall immediately forward a copy of the written report to the administrator of the division of child and family services.
Sec. 5. 1. Except as otherwise provided in NRS 62.170 and section 3 of this act, the division of child and family services of the department of human resources may, within the limits of legislative appropriation, place any child committed to its custody pursuant to section 4 of this act:
(a) If the child is less than 12 years of age, in any public or private institution or agency, inside or outside of the state, authorized to care for children.
(b) If the child is between the ages of 12 and 18 years of age, in the Nevada youth training center or any other public or private correctional or institutional facility, inside or outside of the state, authorized to care for children.
κ1993 Statutes of Nevada, Page 2027 (CHAPTER 493, AB 689)κ
(c) If the child is female and between the ages of 12 and 18 years of age, in the Caliente youth center or any other public or private correctional or institutional facility, inside or outside of the state, authorized to care for children.
2. The division of child and family services:
(a) May, except as otherwise provided in section 3 of this act and paragraph (b) of this subsection, change the placement of a child from any facility authorized by this section to any other such facility.
(b) Shall notify the parents of the child and obtain the approval of the court before making or changing any placement authorized by this section.
Sec. 6. NRS 62.193 is hereby amended to read as follows:
62.193 1. Proceedings concerning any child alleged to be delinquent, in need of supervision or in need of commitment to an institution for the mentally retarded are not criminal in nature and must be heard separately from the trial of cases against adults, and without a jury. The hearing may be conducted in an informal manner and may be held at a juvenile detention facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing are not required unless the court so orders. The general public must be excluded and only those persons having a direct interest in the case may be admitted, as ordered by the judge, or, in case of a reference, as ordered by the referee.
2. The court shall provide written notice of any hearing after the initial detention hearing to the parent, guardian or custodian of the child together with a copy of a notice which the parent, guardian or custodian may provide to his employer. The employers copy of the notice must set forth the date and time of the hearing and the provisions of NRS 62.410. The employers copy of the notice must not set forth the name of the child or the offense alleged.
3. The parties must be advised of their rights in their first appearance at intake and before the court. They must be informed of the specific allegations in the petition and given an opportunity to admit or deny those allegations.
4. If the allegations are denied, the court shall proceed to hear evidence on the petition. The court shall record its findings on whether the acts ascribed to the child in the petition were committed by him. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and order the child discharged from any detention or temporary care [theretofore] previously ordered in the proceedings, unless otherwise ordered by the court.
5. If the court finds on the basis of an admission or a finding on proof beyond a reasonable doubt, based upon competent, material and relevant evidence, that a child committed the acts by reason of which he is alleged to be delinquent, it may, in the absence of objection [,] and except as otherwise provided in section 2 of this act, proceed immediately to make a proper disposition of the case.
6. In adjudicatory hearings all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their counsel must be afforded an opportunity to examine and controvert written reports so received and to cross-examine persons making reports when reasonably available.
κ1993 Statutes of Nevada, Page 2028 (CHAPTER 493, AB 689)κ
examine and controvert written reports so received and to cross-examine persons making reports when reasonably available.
7. On its motion or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition. The court shall make an appropriate order for detention or temporary care of the child subject to supervision of the court during the period of the continuance.
8. If the court finds by preponderance of the evidence that the child is in need of supervision or is in need of commitment to an institution for the mentally retarded, the court may proceed immediately, or at a postponed hearing, to make proper disposition of the case.
9. Unless the court by written order extends the time for disposition of the case and sets forth specific reasons for the extension, the court shall make its final disposition no later than 60 days after the petition was filed.
10. The district attorney may disclose to the victim of an act committed by a child the disposition of the childs case regarding that act. The victim shall not disclose to any other person the information so disclosed by the district attorney.
Sec. 7. NRS 62.211 is hereby amended to read as follows:
62.211 1. [If] Except as otherwise provided in section 3 of this act, if the court finds that [the] a child is within the purview of this chapter [, except as otherwise provided in subsection 3,] it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody [or to the guardianship] of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court must not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and must not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) [If the child is 12 years of age or older, commit the child to the custody of the division of child and family services of the department of human resources for suitable placement in a correctional or institutional facility. The division must notify the parents of the child and the court before transferring a child from one such facility to another.
(d) If the child is between the ages of 8 and 12 and, but for the age of the child, the court would have committed the child to the Caliente youth center or the Nevada youth training center, commit the child to the custody of the division of child and family services of the department of human resources for suitable placement in a public or private institution or agency authorized to care for children.
κ1993 Statutes of Nevada, Page 2029 (CHAPTER 493, AB 689)κ
for suitable placement in a public or private institution or agency authorized to care for children.
(e)] Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
[(f)] (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
[(g)] (e) Place the child, when he is not in school, under the supervision of a public organization to work on public projects or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.
[(h)] (f) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
[(i)] (g) Require the child to provide restitution to the victim of the crime which the child has committed.
[(j)] (h) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that the child is a serious or chronic offender, it may, in addition to the options set froth in subsection 1 [:] of this section and section 4 of this act:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public.
3. [If the court finds that the child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:
(a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and
(b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.
A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.
4.] At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
[5.] 4. Whenever the court commits a child to any institution or agency pursuant to this section [,] or section 4 of this act, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency.
κ1993 Statutes of Nevada, Page 2030 (CHAPTER 493, AB 689)κ
records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
[6.] 5. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 8. NRS 62.223 is hereby amended to read as follows:
62.223 1. If a child is found to:
(a) Have committed a minor traffic offense, except one related to metered parking, and a fine is imposed pursuant to subsection 1 of NRS 62.221; or
(b) Be within the purview of this chapter and a fine is imposed pursuant to paragraph [(j)] (h) of subsection 1 of NRS 62.211,
the judge or other judicial officer shall order the child to pay an administrative assessment of $10 in addition to the fine.
2. The money collected for an administrative assessment must be stated separately on the courts docket. If the child is found not to have committed the offense or the charges are dropped, the money deposited with the court must be returned to the child.
3. The money collected for administrative assessments imposed pursuant to this section must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall, on or before the 15th day of that month, deposit the money in the county general fund for credit to a special account for the use of the countys juvenile court or for services to juvenile offenders.
Sec. 9. NRS 62.251 is hereby amended to read as follows:
62.251 [At any time]
1. Except as otherwise provided in subsection 2, the court may at any time modify [, change, amend] or terminate any decree or order previously made.
2. Before the court may modify or terminate an order committing a child to the custody of the division of child and family services of the department of human resources pursuant to section 4 of this act, the court must:
(a) Provide the administrator of the division of child and family services with at least 10 days prior written notice, unless such a notice is waived by the administrator; and
(b) Give due consideration to the effect of the modification or termination of the order upon the discipline and program of the division.
Sec. 10. NRS 62.321 is hereby amended to read as follows:
62.321 1. Whenever a child is committed by the court to custody other than that of its parents, and no provision is otherwise made by law for the support of the child, compensation for the care of the child while in such custody, when approved by order of the court, is a charge upon the county where the child has a legal residence. If a female child is committed to a private institution within the state, any compensation for the care of the child which is not paid by a parent must be paid by the state from money budgeted for by and appropriated to the Caliente youth center bureau of the division of child and family services of the department of human resources. A commitment must not be made to such a private institution until the court has ascertained from the superintendent of the institution that sufficient money is available for such compensation.
κ1993 Statutes of Nevada, Page 2031 (CHAPTER 493, AB 689)κ
available for such compensation. This subsection does not prohibit the payment of compensation by the Caliente youth center bureau from money appropriated for that purpose to schools outside the state to which female children are committed pursuant to [the provisions of] NRS 210.580 [.] or placed pursuant to section 5 of this act.
2. Notwithstanding any provision made by the law of this state for the support of such children, after the parent has been given a reasonable opportunity to be heard, the court may order and decree that the parent pay, in such a manner as the court may direct and within the parents ability to pay, a sum of money to cover in whole or in part the support of the child. If the parent willfully fails or refuses to pay the sum, the court may proceed against him for contempt of court.
3. Whenever the court orders the parent or parents of a child to pay for the support of a child, as provided in this section, the money must be paid to the superintendent or fiscal officer of the institution to which the child is committed [.] , or the chief administrative officer of the agency to whom the child is committed.
Sec. 11. NRS 210.180 is hereby amended to read as follows:
210.180 1. A court may commit to the school , and the administrator may place in the school, any person between the ages of 12 and 18 years who is found to be delinquent. Before any person is conveyed to the school, the superintendent shall determine whether adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person must be delivered to the school. The superintendent shall accept the person unless:
(a) There are not adequate facilities available to provide the necessary care;
(b) There is not adequate money available for the support of the school; or
(c) In the opinion of the superintendent, the person is not suitable for admission to the school.
2. The court may order, when committing a person to the care, custody and control of the school, the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. Such payments must be paid to the [superintendent,] administrator, who shall immediately deposit the money with the state treasurer for credit to the state general fund.
3. The court shall order, before commitment, that the person be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis and an examination for venereal disease, by a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court of the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.
Sec. 12. NRS 210.187 is hereby amended to read as follows:
210.187 [1.] If any person committed to or otherwise placed in the school appears, either at the time of his commitment or other placement or after becoming an inmate, to be an improper person to be retained in the school, or to be so incorrigible or so incapable of reformation under the discipline of the school as to render his detention detrimental to the interests of the school, the superintendent may [return such person] report that fact to the administrator, who shall recommend a suitable alternative to the committing court.
κ1993 Statutes of Nevada, Page 2032 (CHAPTER 493, AB 689)κ
after becoming an inmate, to be an improper person to be retained in the school, or to be so incorrigible or so incapable of reformation under the discipline of the school as to render his detention detrimental to the interests of the school, the superintendent may [return such person] report that fact to the administrator, who shall recommend a suitable alternative to the committing court.
[2. The return of any person to the committing court does not relieve the school of any of its duties or responsibilities under the original commitment, and such commitment continues in full force and effect until it is vacated, modified or set aside by order of court.]
Sec. 13. NRS 210.200 is hereby amended to read as follows:
210.200 1. Upon request of the superintendent, a person committed to or otherwise placed in the school [shall] must be accepted by the mental hygiene and mental retardation division of the department of human resources for observation, diagnosis and treatment, for a period not to exceed 90 days.
2. If, after observation, the administrator of the mental hygiene and mental retardation division, upon medical consultation, finds such person to be feebleminded or mentally ill, such person may be returned to the committing court for [discharge from the school and] commitment in accordance with law to the custody of the administrator of the mental hygiene and mental retardation division.
3. If, after observation, the administrator, upon medical consultation, finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person [shall] must be returned to the school. Upon the written request of the superintendent, the committing court may order that any such person be committed to the custody of the administrator of the mental hygiene and mental retardation division or to an appropriate institution outside the State of Nevada approved by the director for treatment. The committing court may order the expense of such support and treatment be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person . [in accordance with the provisions of NRS 210.180.] Payments under such an order must be made to the administrator, who shall immediately deposit the money with the state treasurer for credit to the state general fund. In the absence of such an order, the expense of such support and treatment [shall] must be paid by the school.
Sec. 14. NRS 210.580 is hereby amended to read as follows:
210.580 1. A court may commit to the school , and the administrator may place in the school, any female person between the ages of 12 and 18 years who is found to be delinquent. Before any person is conveyed to the school, the superintendent shall determine whether adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person must be delivered to the school. The superintendent shall accept the person unless:
(a) There are not adequate facilities available to provide the necessary care;
(b) There is not adequate money available for the support of the school; or
(c) In the opinion of the superintendent, the person is not suitable for admission to the school.
κ1993 Statutes of Nevada, Page 2033 (CHAPTER 493, AB 689)κ
Upon the written request of the superintendent, at any time either before or after commitment to the school, the court may order commitment to a school outside of the State of Nevada which is approved by the board, or to a private institution within the State of Nevada.
2. The court may order, when committing a person to the care, custody and control of the school, that the expense of her support and maintenance be paid in whole or in part by her parents, guardian or other person liable for her support and maintenance. Such payments must be paid to the [superintendent,] administrator, who shall immediately deposit the money with the state treasurer for credit to the state general fund.
3. The court shall order, before commitment, that the person be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis, and an examination for venereal disease by a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.
Sec. 15. NRS 210.620 is hereby amended to read as follows:
210.620 [1.] If any person committed to or otherwise placed in the school appears, either at the time of her commitment or other placement or after becoming an inmate, to be an improper person to be detained in the school, or to be so incorrigible or so incapable of reformation under the discipline of the school as to render her detention detrimental to the interests of the school, the superintendent may [return such person] report that fact to the administrator, who shall recommend a suitable alternative to the committing court.
[2. The return of any person to the committing court does not relieve the school of any of its duties or responsibilities under the original commitment, and such commitment continues in full force and effect until it is vacated, modified or set aside by order of the court.]
Sec. 16. NRS 210.650 is hereby amended to read as follows:
210.650 1. Upon request of the superintendent, a person committed to or otherwise placed in the school [shall] must be accepted by the mental hygiene and mental retardation division of the department of human resources for observation, diagnosis and treatment for a period not to exceed 90 days.
2. If, after observation, the administrator of the mental hygiene and mental retardation division, upon medical consultation, finds such person to be feebleminded or mentally ill , such person may be returned to the committing court for [discharge from the school and] commitment in accordance with law to the custody of the administrator of the mental hygiene and mental retardation division.
3. If, after observation, the administrator, upon medical consultation, finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person [shall] must be returned to the school. Upon the written request of the superintendent, the committing court may order that any such person be committed to the custody of the administrator of the mental hygiene and mental retardation division or to an appropriate institution outside the State of Nevada approved by the director for treatment.
κ1993 Statutes of Nevada, Page 2034 (CHAPTER 493, AB 689)κ
mental hygiene and mental retardation division or to an appropriate institution outside the State of Nevada approved by the director for treatment. The committing court may order the expense of such support and treatment be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person . [in accordance with the provisions of NRS 210.580.] Payments under such an order must be made to the administrator, who shall immediately deposit the money with the state treasurer for credit to the state general fund. In the absence of such an order, the expense of such support and treatment [shall] must be paid by the school.
Sec. 17. NRS 210.750 is hereby amended to read as follows:
210.750 1. Each person who is paroled from the Nevada youth training center or the Caliente youth center must be placed in a reputable home and in either an educational or work program or both. The chief of the youth parole bureau may pay the expenses incurred in providing alternative placements for residential programs and for structured nonresidential programs from money appropriated to the bureau for that purpose.
2. The chief may accept money of parolees for safekeeping pending their discharges from parole. The chief must deposit the money in federally insured accounts in banks or savings and loan associations. He shall keep or cause to be kept a fair and full account of the money, and shall submit such reports concerning the accounts to the administrator of the division of child and family services of the department of human resources as the administrator may require.
3. When any person so paroled has proven his ability to make an acceptable adjustment outside the center or, in the opinion of the chief, is no longer amenable to treatment as a juvenile, the chief shall apply to the committing court for a dismissal of all proceedings and accusations pending against the person.
4. Before the chief recommends that the committing court revoke a persons parole, he shall ascertain from the superintendent of the appropriate center whether adequate facilities remain available at the center to provide the necessary care for the person. If the superintendent advises that there are not such facilities available, that there is not enough money available for support of the person at the center or that the person is not suitable for admission to the center, the chief shall report that fact to the [court and] administrator of the division of child and family services, who shall recommend a suitable alternative [.] to the court.
Sec. 18. NRS 435.081 is hereby amended to read as follows:
435.081 1. The administrator or his designee may receive a mentally retarded person of this state for services in a facility operated by the division if:
(a) He is mentally retarded as defined in NRS 433.174 and is in need of institutional training and treatment;
(b) Space is available which is designed and equipped to provide appropriate care for him;
(c) The facility has or can provide an appropriate program of training and treatment for him; and
(d) There is written evidence that no less restrictive alternative is available in his community.
κ1993 Statutes of Nevada, Page 2035 (CHAPTER 493, AB 689)κ
2. A mentally retarded person may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.
3. A court may order that a mentally retarded person be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period the division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
4. A child may be received cared for and examined at a division facility for the mentally retarded for not more than 10 working days without admission, if the examination is ordered by a court having jurisdiction of the minor in accordance with the provisions of paragraph [(e)] (c) of subsection 1 of NRS 62.211 and subsection 1 of NRS 432B.560. At the end of the 10 days, the administrator or his designee shall report the result of the examination to the court and shall detain the child until the further order of the court, but not to exceed 7 days after the administrators report.
5. The parent or guardian of a person believed to be mentally retarded may apply to the administrative officer of a division facility to have the person evaluated by personnel of the division who are experienced in the diagnosis of mental retardation. The administrative officer may accept the person for evaluation without admission.
6. If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.
7. If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself if he has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the persons best interests, he may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.
Sec. 19. NRS 210.183 and 210.600 are hereby repealed.
Sec. 20. 1. The division of child and family services of the department of human resources shall:
(a) With the assistance of juvenile and family court judges, chief juvenile probation officers and agencies of local government involved in juvenile justice; and
(b) In accordance with the recommendations of the National Council on Crime and Delinquency, as set forth in its report dated August 31, 1992, and entitled A Juvenile Corrections Needs Assessment for the State of Nevada,
develop a plan for the establishment and implementation of a uniform system for the reporting, collection and maintenance of information regarding juvenile justice in this state.
κ1993 Statutes of Nevada, Page 2036 (CHAPTER 493, AB 689)κ
2. The plan must include:
(a) The recommendation of a standard format for the reporting of information.
(b) The recommendation of standard categories for the reporting of information, including standard classifications for juvenile offenses and for the disposition of juvenile cases.
(c) The recommendation of specific information to be reported, including information regarding:
(1) The identity of each child referred to the system of juvenile justice as a suspected delinquent or child in need of supervision;
(2) The charges for which each child is referred;
(3) The dates of any detention of a child;
(4) The nature of the disposition of each referral of a child;
(5) The dates any petitions are filed regarding a child, and the charges set forth in those petitions; and
(6) The dates and contents of any judicial decrees entered in juvenile proceedings,
and any other desirable information.
(d) A recommendation for the establishment of central responsibility for the collection, analysis, maintenance and retrieval of information.
(e) A recommendation for the format and contents of records regarding each child adjudicated to be delinquent and committed to or otherwise placed in the custody of the division of child and family services.
(f) An estimate of the costs necessary for the establishment and implementation of the system.
3. The division of child and family services shall:
(a) During October 1993, and February 1994, provide to the interim finance committee reports regarding its progress in developing the plan.
(b) During July 1994, submit to the interim finance committee a copy of its tentative final plan.
(c) No later than the last day of January 1995, submit to the director of the legislative counsel bureau, for distribution to the legislature, a copy of its final plan, which includes any modifications to its tentative final plan resulting from the development of the executive budget.
Sec. 21. 1. This section and section 20 of this act become effective upon passage and approval.
2. Sections 1 to 19, inclusive, of this act, become effective on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 2037κ
Assembly Bill No. 647 — Committee on Transportation
CHAPTER 494
AN ACT relating to statutory liens; providing for liens on trailers and recreational vehicles under certain circumstances; revising the procedure for a landlord to obtain certain information regarding security interests in a mobile home or manufactured home before enforcing certain liens thereon; 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 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Recreational vehicle has the meaning ascribed to it in NRS 482.101.
Sec. 3. Recreational vehicle park means a campground or other facility, any portion of which is rented or held out for rent to accommodate recreational vehicles.
Sec. 4. Trailer means every vehicle defined in NRS 482.110, 482.125, 482.127 and 482.134.
Sec. 5. NRS 108.265 is hereby amended to read as follows:
108.265 As used in NRS 108.265 to 108.360, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 108.266 to 108.2679, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 108.266 is hereby amended to read as follows:
108.266 Landlord means the owner or lessor of:
1. A mobile home lot;
2. A mobile home park; [or]
3. A recreational vehicle park; or
4. Land which is not located within a mobile home park, but which is rented or held out for rent to accommodate a mobile home or a manufactured home.
Sec. 7. NRS 108.2679 is hereby amended to read as follows:
108.2679 Registered owner means [a] :
1. A person whose name appears in the files of the manufactured housing division of the department of commerce as the person to whom the mobile home or manufactured home is registered, but does not include:
[1.] (a) A creditor who holds title to the mobile home or manufactured home; or
[2.] (b) The owner or holder of a lien encumbering the mobile home or manufactured home.
2. A person whose name appears in the files of the registration division of the department of motor vehicles and public safety as the person to whom the vehicle is registered.
Sec. 8. NRS 108.270 is hereby amended to read as follows:
108.270 Subject to the provisions of NRS 108.315;
1. A person engaged in the business of [buying] :
(a) Buying or selling automobiles [, or keeping] ;
κ1993 Statutes of Nevada, Page 2038 (CHAPTER 494, AB 647)κ
(b) Keeping a garage or place for the storage, maintenance, keeping or repair of motor vehicles, motorcycles, motor equipment, trailers, mobile homes or manufactured homes [, or keeping a] ; or
(c) Keeping a mobile home park, mobile home lot or other land for rental of spaces for trailers, mobile homes or manufactured homes,
and who in connection therewith stores, maintains, keeps or repairs any motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home, or furnishes accessories, facilities, services or supplies therefor, at the request or with the consent of the owner or his representatives, or at the direction of any peace officer or other authorized person who orders the towing or storage of any vehicle through any action permitted by law, has a lien upon the motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home or any part or parts thereof for the sum due for [such] the towing, storing, maintaining, keeping or repairing of the motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home or for labor furnished thereof, or for furnishing accessories, facilities, services or supplies therefor, and for all costs incurred in enforcing such a lien.
2. Subject to the provisions of NRS 108.315, a person engaged in the business of keeping a recreational vehicle park who, at the request or with the consent of the owner of a recreational vehicle or his representative, furnishes facilities or services in the recreational vehicle park for the recreational vehicle, has a lien upon the recreational vehicle for the amount of rent due for furnishing those facilities and services, and for all costs incurred in enforcing such a lien.
3. A person who at the request of the legal owner performed labor on, furnished materials or supplies or provided storage for any aircraft, aircraft equipment or aircraft parts is entitled to a lien for such services, materials or supplies and for the costs incurred in enforcing the lien.
[3.] 4. Any person who is entitled to a lien as provided in subsections 1 [and 2] , 2 and 3 may, without process of law, detain the motor vehicle, motorcycle, motor equipment, trailer, recreational vehicle, mobile home, manufactured home, aircraft, aircraft equipment or aircraft parts at any time it is lawfully in his possession until the sum due to him is paid.
Sec. 9. NRS 108.272 is hereby amended to read as follows:
108.272 1. Except as otherwise provided in subsection 2, the notice of a lien must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of the legal owner and registered owner of, and each person who holds a security interest in, the property, and if no address is known then addressed to that person at the place where the lien claimant has his place of business.
2. Any person who claims a lien on aircraft, aircraft equipment or parts shall:
(a) Within 120 days after he furnishes supplies or services; or
(b) Within 7 days after he receives an order to release the property,
whichever time is less, serve the legal owner by mailing a copy of the notice of the lien to his last known address, or if no address is known, by leaving a copy with the clerk of the court in the county where the notice is filed.
3. The notice must contain:
κ1993 Statutes of Nevada, Page 2039 (CHAPTER 494, AB 647)κ
(a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.
(b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, trailer, recreational vehicle, mobile home or manufactured home against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a day mentioned.
(d) A statement that unless the claim is paid within the time specified the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, trailer, recreational vehicle, mobile home or manufactured home will be advertised for sale, and sold by auction at a specified time and place.
4. The lienholder shall determine a day for the purposes of the demand in paragraph (c) of subsection 3. The day mentioned must be:
(a) Not less than 10 days after the delivery of the notice if it is personally delivered; or
(b) Not less than 10 days after the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.
Sec. 10. NRS 108.280 is hereby amended to read as follows:
108.280 Any person who acquires a lien under the provisions of NRS 108.270 does not lose the lien by allowing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, trailer, recreational vehicle, mobile home or manufactured home, or parts thereof to be removed from control of the person having [such] the lien.
Sec. 11. NRS 108.300 is hereby amended to read as follows:
108.300 1. The lien created in NRS 108.270 to 108.360, inclusive, does not deprive the lien claimant of any remedy allowed by law to a creditor against his debtor for the collection of all charges and advances which he has made in connection with any work or services, or supplies, facilities or accessories furnished for, on or about any motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home pursuant to an expressed or implied contract between the lien claimant and the owner, or the representative of the owner , of the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home.
2. Any insurance company, having outstanding and in effect appropriate insurance coverage therefor, which has been given notice in writing of a debt or obligation incurred for the towing or repair of any motor vehicle damaged by an insured of the company [,] for which the insured is legally responsible , becomes, subject to the conditions and provisions of the insurance policy, indebted to the claimant for such towing or repair services, for the reasonable expenses incurred for towing or repair of the vehicle, if the claimant has given notice to the company or its agent at least 3 days before the date of any settlement or award effected by the company in connection therewith.
3. In determining the amount of the indebtedness for [such] towing or repairing [of] a damaged vehicle [,] identified in subsection 2, the insurance company is not responsible for any sum of money over and above the sum of [the] :
(a) The entire settlement or award [, or the] ; or
κ1993 Statutes of Nevada, Page 2040 (CHAPTER 494, AB 647)κ
(b) The entire amount of the property damage coverage of the policy,
whichever is less.
4. Any payment made by the company pursuant to this section relieves the company from further liability in connection with towing or repairing of the damaged vehicle.
Sec. 12. 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, trailer, recreational vehicle, mobile home or manufactured home, upon which the lien is asserted, and to the:
(a) Manufactured housing division of the department of commerce 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, trailer, recreational vehicle, 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, trailer, recreational vehicle, 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. 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, trailer, recreational vehicle, mobile home or manufactured home.
Sec. 13. 108.315 is hereby amended to read as follows:
108.315 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 recreational vehicle, mobile home or manufactured home, for the amount due, stating that a lien is claimed on the recreational vehicle, mobile home or manufactured home.
κ1993 Statutes of Nevada, Page 2041 (CHAPTER 494, AB 647)κ
recreational vehicle, 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 recreational vehicle, mobile home or manufactured home, and to the [manufactured] :
(a) Manufactured housing division of the department of commerce, with regard to mobile homes and manufactured homes; or
(b) Registration division of the department of motor vehicles and public safety, with regard to recreational vehicles,
by registered or certified mail.
2. [For the purpose of obtaining] To obtain the name and address of a holder of a security interest in the recreational vehicle, 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 with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS [.] ; or
(b) Department of motor vehicles and public safety with regard to all other vehicles [.
The] ,
and the state agency shall supply that information from its records . [or, if] If the recreational vehicle, mobile home or manufactured home is registered in another state, territory or country, the landlord shall, before making the demand for payment, 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 recreational vehicle, 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 recreational vehicle, mobile home or manufactured home by registered or certified mail stating that a sale by auction of the recreational vehicle, mobile home or manufactured home is to be made pursuant to the provisions of NRS 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. 14. NRS 108.320 is hereby amended to read as follows:
108.320 At any time before the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home is so sold, any person claiming a right of property or possession therein may pay the lien claimant the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment.
κ1993 Statutes of Nevada, Page 2042 (CHAPTER 494, AB 647)κ
home or manufactured home is so sold, any person claiming a right of property or possession therein may pay the lien claimant the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The lien claimant shall deliver the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to the person making the payment if he is a person entitled to the possession of the property on payment of the charges thereon.
Sec. 15. NRS 108.340 is hereby amended to read as follows:
108.340 After goods have been lawfully sold to satisfy the lien created in NRS 108.270 to 108.360, inclusive, the lien claimant is not liable for failure to deliver the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to the owner or claimant.
Sec. 16. NRS 108.350 is hereby amended to read as follows:
108.350 Nothing contained in NRS 108.270 to 108.360, inclusive, precludes [the] :
1. The owner of any motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home [, or precludes any] ; or
2. Any other person having an interest or equity in the property,
from contesting the validity of the lien . [, and for this purpose all] All legal rights and remedies [that] otherwise available to the person [would now have] are reserved to and retained by him, except that, after a sale has been made to an innocent third party , the lien claimant is solely responsible for loss or damage occasioned the owner, or any other person having an interest or equity in the property, by reason of the invalidity of the lien, or by reason of failure of the lien claimant to proceed in the manner provided in those sections.
Sec. 17. NRS 108.360 is hereby amended to read as follows:
108.360 Any person who incurs a bill upon a motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home, without the authority of the owner thereof, or by misrepresentation, is guilty of a misdemeanor.
Sec. 18. Section 4 of Senate Bill No. 199 of this session is hereby amended to read as follows:
Sec. 4. NRS 108.272 is hereby amended to read as follows:
108.272 1. Except as otherwise provided in subsection 2, the notice of a lien must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of [the] :
(a) The legal owner and registered owner of [, and each] the property.
(b) Each person who holds a security interest in [,] the property . [, and if]
(c) If the lien is on a mobile home or manufactured home, each person who is listed in the records of the manufactured housing division of the department of commerce as holding an ownership or other interest in the home.
κ1993 Statutes of Nevada, Page 2043 (CHAPTER 494, AB 647)κ
If no address is known [then] , the notice must be addressed to that person at the place where the lien claimant has his place of business.
2. Any person who claims a lien on aircraft, aircraft equipment or parts shall:
(a) Within 120 days after he furnishes supplies or services; or
(b) Within 7 days after he receives an order to release the property,
whichever time is less, serve the legal owner by mailing a copy of the notice of the lien to his last known address, or if no address is known, by leaving a copy with the clerk of the court in the county where the notice is filed.
3. The notice must contain:
(a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.
(b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, trailer, recreational vehicle, mobile home or manufactured home against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a day mentioned.
(d) A statement that unless the claim is paid within the time specified the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, trailer, recreational vehicle, mobile home or manufactured home will be advertised for sale, and sold by auction at a specified time and place.
4. The lienholder shall determine a day for the purposes of the demand in paragraph (c) of subsection 3. The day mentioned must be:
(a) Not less than 10 days after the delivery of the notice if it is personally delivered; or
(b) Not less than 10 days after the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.
Sec. 19. Section 5 of Senate Bill No. 199 of this session is hereby amended to read as follows:
Sec. 5. NRS 108.315 is hereby amended to read as follows:
108.315 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 recreational vehicle, mobile home or manufactured home, for the amount due, stating that a lien is claimed on the recreational vehicle, mobile home or manufactured home. A copy of the demand must be sent to every holder of a security interest and every person who is listed in the records of the manufactured housing division of the department of commerce as holding an ownership or other interest in, and every tenant or subtenant of, the recreational vehicle, mobile home or manufactured home, and to the:
(a) Manufactured housing division of the department of commerce, with regard to mobile homes and manufactured homes; or
κ1993 Statutes of Nevada, Page 2044 (CHAPTER 494, AB 647)κ
(b) Registration division of the department of motor vehicles and public safety, with regard to recreational vehicles,
by registered or certified mail.
2. To obtain the name and address of a holder of a security interest or a person who is listed in the records of the manufactured housing division of the department of commerce as holding an ownership or other interest in the recreational vehicle, 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 with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS; or
(b) Department of motor vehicles and public safety with regard to all other vehicles,
and the state agency shall supply that information from its records. If the recreational vehicle, mobile home or manufactured home is registered in another state, territory or country, the landlord shall, before making the demand for payment, 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 recreational vehicle, 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 and every person who is listed in the records of the manufactured housing division of the department of commerce as holding an ownership or other interest in the recreational vehicle, mobile home or manufactured home by registered or certified mail stating that a sale by auction of the recreational vehicle, mobile home or manufactured home is to be made pursuant to the provisions of NRS 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.
________
κ1993 Statutes of Nevada, Page 2045κ
Assembly Bill No. 629 — Committee on Commerce
CHAPTER 495
AN ACT relating to installment loans; requiring the licensure of lenders located in this state which solicit and make installment loans to persons located outside of this state; expanding the permissible forms of insurance a licensee may provide, obtain or take as security for a loan; 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 675.060 is hereby amended to read as follows:
675.060 1. No person may engage in the business of lending without first having obtained a license from the commissioner.
2. For the purpose of this section, a person engages in the business of lending if he [solicits] :
(a) Solicits loans in this state [and, in connection therewith,] or makes loans to persons in this state, unless these are isolated, incidental or occasional transactions [.] ; or
(b) Is located in this state and solicits loans outside of this state or makes loans to persons located outside of this state, unless these are isolated, incidental or occasional transactions.
Sec. 2. NRS 675.300 is hereby amended to read as follows:
675.300 1. A licensee may request that a borrower insure tangible property when offered as security for a loan under this chapter against any substantial risk of loss, damage or destruction for an amount not to exceed the actual value of the property and for a term and upon conditions which are reasonable and appropriate considering the nature of the property and the maturity and other circumstances of the loan.
2. A licensee may require that a borrower provide title insurance on real property offered as security for a loan under this chapter. The title insurance must be placed through a title insurance company authorized to do business in this state.
3. A licensee may provide, obtain or take as security for a loan [insurance] :
(a) Insurance on the life and on the health or disability, or both, of one or more parties obligated on the loan ;
(b) Involuntary unemployment insurance;
(c) Insurance which protects his interest in the collateral pledged for the loan;
(d) Single interest nonfiling insurance; or
(e) Any other credit-related insurance approved by the commissioner,
if the insurance complies with the applicable provisions of chapter 690A of NRS.
4. In accepting any insurance provided by this section as security for a loan, the licensee may include the premiums or identifiable charge as part of the principal or may deduct the premiums or identifiable charge therefor from the proceeds of the loan, which premium or identifiable charge must not exceed those filed with and approved by the commissioner of insurance, and remit those premiums to the insurance company writing the insurance, and any gain or advantage to the licensee, any employee, officer, director, agent, affiliate or associate from the insurance or its sale may not be considered as additional or further charge in connection with any loan made under this chapter.
κ1993 Statutes of Nevada, Page 2046 (CHAPTER 495, AB 629)κ
remit those premiums to the insurance company writing the insurance, and any gain or advantage to the licensee, any employee, officer, director, agent, affiliate or associate from the insurance or its sale may not be considered as additional or further charge in connection with any loan made under this chapter. Not more than one policy of life insurance and one policy providing accident and health coverage may be written by a licensee in connection with any loan transaction under this chapter, and a licensee shall not require the borrower to be insured as a condition of any loan. If the unpaid balance of the loan is prepaid in full by cash or other thing of value, refinancing, renewal, a new loan or otherwise, the charge for any credit life insurance and any credit accident and health insurance must be refunded or credited as prescribed in chapter 690A of NRS. The insurance must be written by a company authorized to conduct business in this state, and the licensee shall not require the purchase of the insurance from any agent or broker designated by the licensee.
5. The amount charged to a debtor by a licensee for any type of coverage under a policy of insurance provided by this section as security for a loan must not exceed the amount of the premium. In the case of a single interest nonfiling policy of insurance, the amount charged to a debtor by a licensee must not exceed the amount charged by a county recorder for filing and releasing documents pursuant to NRS 104.9403 and 104.9406.
6. As used in this section, single interest nonfiling insurance means a contract of insurance for which a lender pays a predetermined fee, which affords coverage to a lender in connection with a specific loan, and which is obtained by the lender in lieu of perfecting a security interest pursuant to chapter 104 of NRS.
________
Assembly Bill No. 618 — Committee on Natural Resources, Agriculture and Mining
CHAPTER 496
AN ACT relating to state interests in land; relinquishing state claims to certain portions of the beds and banks of the Truckee River within the Pyramid Lake Indian Reservation and to certain land under and surrounding Pyramid Lake; limiting the amount of fees which may be charged by the state engineer for certain applications regarding the Truckee River under a certain circumstance; and providing other matters properly relating thereto.
[Approved July 9, 1993]
whereas, The Nevada Legislature declares that it has examined the provisions of section 210(a)(2)(B) of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act, Title II of Public Law 101-618, enacted November 16, 1990, which states:
Section 204 of this title, the Preliminary Settlement Agreement as modified by the Ratification Agreement, and the Operating Agreement, shall not take effect until the Pyramid Lake Tribes claim to the remaining waters of the Truckee River which are not subject to vested or perfected rights has been finally resolved in a manner satisfactory to the State of Nevada and the Pyramid Lake Tribe;
κ1993 Statutes of Nevada, Page 2047 (CHAPTER 496, AB 618)κ
vested or perfected rights has been finally resolved in a manner satisfactory to the State of Nevada and the Pyramid Lake Tribe;
and
whereas, The Legislature further declares that it has examined the provisions of the Memorandum of Understanding to be entered into by the Director of the State Department of Conservation and Natural Resources of the State of Nevada and the Pyramid Lake Paiute Tribe of Indians, the purpose of which is to establish procedures to resolve the Tribes claim to water as required in section 210(a)(2)(B) of Public Law 101-618; and
whereas, The Legislature finds that provisions of the Memorandum include the establishment of water rights under Nevada water law through the state engineer; and
whereas, The Legislature finds that statutory permit fees as set forth in NRS 533.435 for the pending applications by the Tribe to appropriate waters of the Truckee River, if granted, would be exorbitant and excessive under the current schedule of applicable fees and not in the best interests of final settlement of the outstanding issues in the Truckee River Settlement; and
whereas, Based upon the totality of relevant considerations of public policy in the instant case, the Legislature determines that it is appropriate to waive a portion of the fees that would otherwise be due by limiting the maximum amount which may be charged to the Tribe by the state engineer for each related application he chooses to approve; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Upon execution of a memorandum of understanding between the director of the state department of conservation and natural resources and the Pyramid Lake Paiute Tribe of Indians to establish procedures to resolve the Tribes claim to water as required in section 210(a)(2)(B) of Public Law 101-618:
1. Notwithstanding the provisions of NRS 533.435, the state engineer shall not charge and collect more than $10,000 as a permit fee for the granting of any single application by the Pyramid Lake Paiute Tribe pending on the effective date of this act which relates to the Truckee River.
2. The State of Nevada permanently relinquishes any right, title or other interest that the state may have in the beds and banks of the portion of the Truckee River that lies within the boundaries of the Pyramid Lake Indian Reservation from the mean high-water mark on one side to the mean high-water mark on the other side and the land under and surrounding Pyramid Lake within the boundaries of the Pyramid Lake Indian Reservation which lies below the contour level of 3,890 feet above mean sea level, determined on the basis of the National Geodetic Vertical Datum of 1929.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 2048κ
Assembly Bill No. 614 — Committee on Judiciary
CHAPTER 497
AN ACT relating to gaming; revising the restriction on the issuance of a nonrestricted gaming licenses to resort hotels located in certain counties; 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 463.1605 is hereby amended to read as follows:
463.1605 1. The commission shall not approve a nonrestricted license, other than for the operation of a race book or sports pool [,] at an establishment which holds a nonrestricted license to operate both gaming devices and a gambling game, for an establishment in a county whose population is 100,000 or more unless the establishment is a resort hotel.
2. A county, city or town may require resort hotels to meet standards in addition to those required by this chapter as a condition of issuance of a gaming license by a county, city or town.
Sec. 2. Section 5 of chapter 485, Statutes of Nevada 1991, at page 1405, is hereby amended to read as follows:
Sec. 5. [Section 3 of this act]
1. NRS 463.1605 does not apply to:
[1.] (a) Any application for a nonrestricted license filed with the state gaming control board before July 1, 1992; or
[2.] (b) Any establishment that holds or held a nonrestricted license issued before July 1, 1992, unless the establishment ceases gaming operations for more than 2 years after July 1, 1992.
2. NRS 463.1605 does not prohibit:
(a) The operation of a race book or sports pool at an establishment that was issued a license for such an operation before July 1, 1993, unless the establishment ceases its operation of the race book or sports pool for a period of more than 2 years.
(b) The movement of a race book or sports pool operation that was issued a license before July 1, 1993, to any location within the same county if the operation is otherwise permitted at the new location.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 2049κ
Assembly Bill No. 611 — Committee on Judiciary
CHAPTER 498
AN ACT relating to gaming; revising the definition of off-track pari-mutuel system to include such systems used with regard to an intrastate pari-mutuel pool; revising the definition of off-track pari-mutuel wagering to include certain systems of wagering for the acceptance of wagers on certain sporting events in this state; revising the statute governing limitations on the division of commissions deducted from off-track pari-mutuel wagering; authorizing the Nevada gaming commission to adopt certain regulations; 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 464.005 is hereby amended to read as follows:
464.005 As used in this chapter, unless the context otherwise requires:
1. Off-track pari-mutuel system means a computerized system, or component of such a system, that is used with regard to [an interstate] a pari-mutuel pool to transmit information such as amounts wagered, odds and payoffs on races.
2. Off-track pari-mutuel wagering means any pari-mutuel system of wagering approved by the Nevada gaming commission for the acceptance of wagers on [races or other sporting events] :
(a) Races which take place outside of this state [.] ; or
(b) Sporting events, except jai alai.
3. Operator of a system means a person engaged in providing an off-track pari-mutuel system.
4. Pari-mutuel system of wagering means any system whereby wagers with respect to the outcome of a race or [other] sporting event are placed in a wagering pool conducted by a person licensed or otherwise permitted to do so under state law, and in which the participants are wagering with each other and not against that person. The term includes off-track pari-mutuel wagering.
Sec. 2. NRS 464.025 is hereby amended to read as follows:
464.025 1. The Nevada gaming commission, upon the recommendation of the state gaming control board, may adopt regulations for:
(a) The conduct by a licensee of off-track pari-mutuel wagering on a race or sporting event; and
(b) The approval of the terms and conditions of any agreement between a licensee and an agency of the state in which the race or sporting event takes place or a person licensed or approved by that state to participate in the conduct of the race or sporting event or the pari-mutuel system of wagering thereon.
2. [No] A person or governmental agency [from outside this state may] must not receive any commission or otherwise share in the revenue from the conduct of off-track pari-mutuel wagering in this state without the approval of the Nevada gaming commission. The commission may approve any [such] person or governmental agency after such investigation as the state gaming control board deems proper.
κ1993 Statutes of Nevada, Page 2050 (CHAPTER 498, AB 611)κ
Sec. 3. NRS 464.040 is hereby amended to read as follows:
464.040 1. The total commission deducted from pari-mutuel wagering other than off-track pari-mutuel wagering by any licensee licensed pursuant to the provisions of this chapter must not exceed 18 percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license.
2. The total commission deducted from off-track pari-mutuel wagering must be determined by the Nevada gaming commission and may be divided between the [licensee and] persons licensed or approved [by that state] to participate in the conduct of the race or event or the pari-mutuel system of wagering thereon. Such licensure or approval must be obtained pursuant to this chapter or chapter 463 of NRS and pursuant to regulations which may be adopted by the Nevada gaming commission.
3. Except as otherwise provided in NRS 464.045 for off-track pari-mutuel wagering, each licensee shall pay to the Nevada gaming commission quarterly on or before the last day of the first month of the following quarter of operation for the use of the State of Nevada a tax at the rate of 3 percent on the total amount of money wagered on any [racing] race or sporting event.
4. The licensee may deduct odd cents less than 10 cents per dollar in paying bets.
5. Except as otherwise provided in NRS 464.045 for off-track pari-mutuel wagering, the amount paid to the Nevada gaming commission must be, after deducting costs of administration which must not exceed 5 percent of the amount collected, paid over by the Nevada gaming commission to the state treasurer for deposit in the state general fund.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 583 — Assemblyman Freeman (by request)
CHAPTER 499
AN ACT relating to parentage; authorizing contracts for assisted conception; requiring that such contracts specify the parentage of the child; 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 126 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Two or more persons whose marriage is valid under chapter 122 of NRS may enter into a contract with a surrogate for assisted conception. Any such contract must contain provisions which specify the respective rights of each party, including:
(a) Parentage of the child;
(b) Custody of the child in the event of a change of circumstances; and
(c) The respective responsibilities and liabilities of the contracting parties.
κ1993 Statutes of Nevada, Page 2051 (CHAPTER 499, AB 583)κ
2. A person identified as an intended parent in a contract described in subsection 1 must be treated in law as a natural parent under all circumstances.
3. It is unlawful to pay or offer to pay money or anything of value to the surrogate except for the medical and necessary living expenses related to the birth of the child as specified in the contract.
4. As used in this section, unless the context otherwise requires:
(a) Assisted conception means a pregnancy resulting when an egg and sperm from the intended parents are placed in a surrogate through the intervention of medical technology.
(b) Intended parents means a man and woman, married to each other, who enter into an agreement providing that they will be the parents of a child born to a surrogate through assisted conception.
(c) Surrogate means an adult woman who enters into an agreement to bear a child conceived through assisted conception for the intended parents.
________
Assembly Bill No. 556 — Assemblyman Scherer
CHAPTER 500
AN ACT relating to children; providing for the formation of multidisciplinary teams to review and investigate the deaths 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 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An agency which provides protective services:
(a) May organize one or more multidisciplinary teams to review the death of a child; and
(b) Shall organize one or more multidisciplinary teams to review the death of a child upon receiving a written request from an adult related to the child within the third degree of consanguinity, if the request is received by the agency within 1 year after the date of death of the child.
2. Members of a team organized pursuant to subsection 1 serve at the invitation of the agency and must include representatives of other organizations concerned with education, law enforcement or physical or mental health.
3. Each organization represented on such a team may share with other members of the team information in its possession concerning the child who is the subject of the review, siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.
κ1993 Statutes of Nevada, Page 2052 (CHAPTER 500, AB 556)κ
the subject of the review, siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.
4. Before establishing any child death review team, an agency shall adopt a written protocol describing its objectives and the structure of such a team.
________
Assembly Bill No. 483 — Committee on Commerce
CHAPTER 501
AN ACT relating to manufactured housing; prohibiting the rental, leasing or sale of a mobile home which has been declared a nuisance until the nuisance is abated; prohibiting the manufactured housing division of the department of commerce from issuing a certificate of ownership for a mobile home which has been determined to be substandard until the substandard conditions are abated; eliminating the requirement that certain mobile homes bear certificates and labels of compliance; 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 489.051 is hereby amended to read as follows:
489.051 Certificate of compliance means a certificate issued by this state certifying that the plumbing, heating, electrical systems, body and frame design and construction requirements of a [mobile home or] commercial coach or the reconstruction or alteration requirements of a mobile home or commercial coach comply with standards [set] adopted by the division . [and applicable at the time of manufacture.]
Sec. 2. NRS 489.110 is hereby amended to read as follows:
489.110 Label of compliance means a label permanently attached to [a mobile home or] :
1. A commercial coach [at] upon the completion of [its construction,] the construction of the coach; or
2. A mobile home or commercial coach upon the completion of any reconstruction or alteration of the home or coach,
under the authority of the division which certifies that the mobile home or commercial coach [was manufactured] is in compliance with standards adopted by the division.
Sec. 3. NRS 489.241 is hereby amended to read as follows:
489.241 The administrator shall adopt regulations:
1. Consistent with the federal regulations governing procedure and enforcement respecting manufactured homes to administer and enforce federal construction and safety standards respecting manufactured homes in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
2. For the [:
(a) Construction;
κ1993 Statutes of Nevada, Page 2053 (CHAPTER 501, AB 483)κ
(b)] construction of commercial coaches that are reasonably consistent with nationally recognized standards.
3. For the:
(a) Reconstruction; and
[(c)] (b) Alteration, including that done to a plumbing, heating or electrical system,
of mobile homes and commercial coaches that are reasonably consistent with nationally recognized standards.
[3.] 4. For the issuance of certificates and labels of compliance. The regulations must provide for, without limitation:
(a) Inspection at the place of manufacture;
(b) Submission and approval of plans and specifications or for the actual inspection and approval of the mobile home, travel trailer or commercial coach or acceptance of a label of compliance issued by another state or a private organization which the administrator finds has a competent inspection program reasonably consistent with this chapter; and
(c) Revocation for cause, upon notice and hearing, of the right of a manufacturer to sell mobile homes, travel trailers or commercial coaches in this state for use in this state.
[4.] 5. Consistent with nationally recognized standards governing the minimum requirements for the design of travel trailers.
Sec. 4. NRS 489.451 is hereby amended to read as follows:
489.451 Every [mobile home or] commercial coach which is rented, leased or sold or offered for rent, lease or sale in this state must bear a certificate and label of compliance issued by this state if [:
1. The mobile home was manufactured on or after July 1, 1968, but before June 15, 1976.
2. The] the commercial coach was manufactured on or after July 1, 1977.
Sec. 5. NRS 489.541 is hereby amended to read as follows:
489.541 1. [Upon] Except as otherwise provided in subsection 4, upon receipt of the documents required by the division, the division shall issue a certificate of ownership.
2. If no security interest is created or exists in connection with the sale, the certificate of ownership must be issued to the buyer.
3. If a security interest is created by the sale, the certificate of ownership must be issued to the secured party or his assignee, and must show the name of the registered owner.
4. The division shall not issue a certificate of ownership for a mobile home that has been determined to be substandard until the conditions that rendered the mobile home substandard are abated.
Sec. 6. NRS 461A.130 is hereby amended to read as follows:
461A.130 Any mobile home which is determined to be substandard by the agency is hereby declared to be a nuisance and [must] :
1. Must be abated by repair, demolition or removal [.] ; and
2. Must not be rented, leased or sold or offered for rent, lease or sale until the nuisance is abated.
Sec. 7. NRS 461A.140 is hereby amended to read as follows:
461A.140 1. When the agency has inspected or caused to be inspected any mobile home and has determined that the mobile home is substandard, proceedings to cause the mobile home to be repaired, vacated or demolished must be commenced.
κ1993 Statutes of Nevada, Page 2054 (CHAPTER 501, AB 483)κ
proceedings to cause the mobile home to be repaired, vacated or demolished must be commenced.
2. The agency shall issue an order directed to the owner and lienholder of the mobile home and the owner of the land on which the mobile home is located. If the agency is a city or county, it shall mail a copy of the order to the division. The order must contain:
(a) The street address and legal description sufficient for identification of the mobile home and premises upon which the mobile home is located [.] , and the serial number of the mobile home.
(b) A statement that the agency has found the mobile home to be substandard with a brief and concise description of the conditions found to render the mobile home substandard under the provisions of this chapter.
(c) A statement as follows of the action required to be taken as determined by the agency:
(1) If the agency has determined that the mobile home must be repaired, the order must state that all required permits must be secured and the work physically commenced within 60 days from the date of the order and completed within such time as the agency shall determine is reasonable under all of the circumstances.
(2) If the agency has determined that the mobile home must be vacated, the order must state that the mobile home must be vacated within a certain time [from] after the date of the order as determined by the agency to be reasonable.
(3) If the agency has determined that the mobile home must be demolished, the order must state that the mobile home must be vacated within such time as the agency [shall determine] determines is reasonable, not to exceed 60 days [from] after the date of the order, that all required permits must be secured within 60 days [from] after the date of the order, and that the demolition must be completed within such time as the agency [shall determine] determines is reasonable.
(d) Statements advising that if any required repair or demolition work, where the mobile home was not required to be vacated, is not commenced within the time specified, the agency will order the mobile home vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done and charge the costs of repair as provided by this chapter.
(e) Statements advising that any person having any title or legal interest in the mobile home may appeal from the order or any action of the agency and that the appeal must be made in writing and filed with the agency within 10 days [from] after the date of the service of the order and that failure to appeal constitutes a waiver of all rights to an administrative hearing and determination of the matter.
Sec. 8. NRS 461A.210 is hereby amended to read as follows:
461A.210 A notice identifying each mobile home which has been demolished [or dismantled] , dismantled or the subject of an order issued pursuant to NRS 461A.140, must be sent to the division within 15 days after the demolition [or dismantling.]
κ1993 Statutes of Nevada, Page 2055 (CHAPTER 501, AB 483)κ
demolition [or dismantling.] , dismantling or completion of all proceedings, including appeals, conducted in connection with the order. The notice must contain all available evidence of ownership or the certificate of title.
________
Assembly Bill No. 481 — Committee on Commerce
CHAPTER 502
AN ACT relating to mechanics liens; providing a lien on the land and improvements thereon for the services of an engineer, land surveyor or geologist; clarifying a limitation on the priority of liens for work done; 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 108 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who, at the request of the owner of any real property, building, structure or improvement thereon, or his agent, performs services as an engineer, land surveyor or geologist in relation to that real property, building, structure or improvement thereon, has a lien upon it for the work done and materials furnished.
2. The amount of the lien is:
(a) If the parties entered into a contract, the unpaid balance of the price agreed upon; or
(b) In the absence of a contract, an amount equal to the fair market value of the labor performed or material furnished, including a reasonable allowance for overhead and profit.
Sec. 2. NRS 108.221 is hereby amended to read as follows:
108.221 The phrase work of improvement and the word improvement as used in NRS 108.221 to 108.246, inclusive, and section 1 of this act, are defined to mean the entire structure or scheme of improvement as a whole.
Sec. 3. NRS 108.222 is hereby amended to read as follows:
108.222 1. Every person who performs labor upon or furnishes material of a value of $50 or more, to be used in the construction, alteration or repair of any building, or other superstructure, railway, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, bridge, fence or any other structure has a lien upon the premises and any building, structure and improvement thereon for:
(a) If the parties entered into a contract, the unpaid balance of the price agreed upon for; or
(b) In absence of a contract, an amount equal to the fair market value of, the labor performed or material furnished or rented, as the case may be, by each respectively, including a reasonable allowance for overhead and a profit, whether performed or furnished at the instance of the owner of the building or other improvement, or at the instance of his agent.
κ1993 Statutes of Nevada, Page 2056 (CHAPTER 502, AB 481)κ
whether performed or furnished at the instance of the owner of the building or other improvement, or at the instance of his agent.
2. All miners, laborers and others who perform labor to the amount of $50 or more in or upon any mine, or upon any shaft, tunnel, adit or other excavation, designed or used to prospect, drain or work the mine, and all persons who furnish any timber or other material, of the value of $50 or more, to be used in or about a mine, whether performed or furnished at the instance of the owner of the mine or his agent, have, and may each respectively claim and hold, a lien upon that mine for:
(a) If the parties entered into a contract, the unpaid balance of the price agreed upon for; or
(b) In absence of a contract, an amount equal to the fair market value of, the labor so performed or material furnished, including a reasonable allowance for overhead and a profit.
3. Every contractor, subcontractor, engineer, land surveyor, geologist, architect, builder or other person having charge or control of any mining claim, or any part thereof, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as these terms are used in subsection 1, shall be held to be the agent of the owner, for the purposes of NRS 108.221 to 108.246, inclusive [.] , and section 1 of this act.
Sec. 4. NRS 108.225 is hereby amended to read as follows:
108.225 1. The liens provided for in NRS 108.221 to 108.246, inclusive, and section 1 of this act, are preferred to:
(a) Any lien, mortgage or other encumbrance which may have attached subsequent to the time when the building, improvement or structure was commenced, work done, or materials were commenced to be furnished.
(b) Any lien, mortgage or other encumbrance of which the lienholder had no notice and which was unrecorded at the time the building, improvement or structure was commenced, work done, or the materials were commenced to be furnished.
For the purposes of this subsection, work done does not include any work commenced before on-site construction has started.
2. Every mortgage or encumbrance imposed upon, or conveyance made of, property affected by the liens [herein] provided for in NRS 108.221 to 108.246, inclusive, and section 1 of this act, between the time when the building, improvement, structure or work thereon was commenced, or the materials thereof were commenced to be furnished, and the expiration of the time [herein] fixed in NRS 108.221 to 108.246, inclusive, and section 1 of this act, in which liens therefor may be recorded, whatever the terms of payment may be, [shall be] are subordinate and subject to the liens in full [herein authorized,] authorized in NRS 108.221 to 108.246, inclusive, and section 1 of this act, regardless of the date of recording of the liens.
Sec. 5. NRS 108.236 is hereby amended to read as follows:
108.236 1. In every case in which different liens are asserted against any property, the court, in the judgment, must declare the rank of each lien, or class of liens, which [shall] must be in the following order:
First: All labor whether performed at the instance or direction of the owner, subcontractor or the original contractor.
Second: Material suppliers.
κ1993 Statutes of Nevada, Page 2057 (CHAPTER 502, AB 481)κ
Third: The subcontractors, architects , land surveyors, geologists and engineers, if such architects , land surveyors, geologists and engineers have performed their services, in whole or in part, under contract with the general contractor.
Fourth: The original contractors, architects , land surveyors, geologists and engineers, if such architects , land surveyors, geologists and engineers have not performed their services, in whole or in part, under contract with the general contractor, and all persons other than original contractors, subcontractors, architects , land surveyors, geologists and engineers.
2. The proceeds of the sale of the property must be applied to each lien, or class of liens, in the order of its rank.
________
Assembly Bill No. 432 — Committee on Health and Human Services
CHAPTER 503
AN ACT relating to state welfare programs; making various changes regarding the administration of those programs; providing for certain additional programs; repealing certain provisions regarding services to the aged, blind or disabled; making various changes regarding the medical care advisory group; 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 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422.005 to 422.055, inclusive, and sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Food stamp assistance means the program established to provide persons of low income with an opportunity to obtain a more nutritious diet through the issuance of coupons pursuant to the Food Stamp Act of 1977, as amended (7 U.S.C. §§ 2011 et seq.).
Sec. 4. Low-income home energy assistance means the program established to assist persons of low income to meet the costs of heating and cooling their homes pursuant to the Low-Income Home Energy Assistance Act of 1981, as amended (42 U.S.C. §§ 8621 et seq.).
Sec. 5. Low-income weatherization assistance means the program established to increase the efficiency with which energy is used in dwellings owned or occupied by persons of low income pursuant to 42 U.S.C. §§ 6861 et seq.
Sec. 6. Program for the enforcement of child support means the program established to locate absent parents, establish paternity and obtain child support pursuant to Part D of Title IV of the Social Security Act (42 U.S.C.
κ1993 Statutes of Nevada, Page 2058 (CHAPTER 503, AB 432)κ
§§ 651 et seq.) and other provisions of that act relating to the enforcement of child support.
Sec. 7. 1. The administrator shall adopt each state plan required by the Federal Government, either directly or as a condition to the receipt of federal money, for the administration of any public assistance or other program for which the welfare division is responsible. Such a plan must set forth, regarding the particular program to which the plan applies:
(a) The requirements for eligibility;
(b) The nature and amounts of grants and other assistance which may be provided;
(c) The conditions imposed; and
(d) Such other provisions relating to the development and administration of the program as the administrator deems necessary.
Such a plan becomes effective upon adoption or such other date as the administrator specifies in the plan.
2. In developing and revising such a plan, the administrator shall consider, among other things:
(a) The amount of money available from the Federal Government;
(b) The conditions attached to the acceptance of that money; and
(c) The limitations of legislative appropriations and authorizations,
for the particular program to which the plan applies.
3. The welfare division shall comply with each state plan adopted pursuant to this section.
Sec. 8. 1. The administrator:
(a) Shall propose regulations for the administration of NRS 422.070 to 422.410, inclusive, and sections 7 and 8 of this act; and
(b) May propose regulations to administer any program of the welfare division.
2. The administrator may adopt any regulation proposed pursuant to this section which:
(a) Is approved by the board;
(b) Is required by the Federal Government, either directly or as a condition to the receipt of federal money, for the administration of any program of the welfare division; or
(c) The director of the department of administration and the administrator determine is necessary to avoid the expenditure of any money beyond the amounts appropriated or authorized by the legislature for the fiscal year to which the regulation applies.
3. A regulation adopted by the administrator becomes effective upon adoption or such other date as the administrator specifies in the regulation.
Sec. 9. NRS 422.005 is hereby amended to read as follows:
422.005 [As used in this chapter, administrator] Administrator means the state welfare administrator.
Sec. 10. NRS 422.007 is hereby amended to read as follows:
422.007 [As used in this chapter, aid] Aid to dependent children means the program established to provide assistance to needy dependent children pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.) and other provisions of that act relating to assistance to dependent children.
κ1993 Statutes of Nevada, Page 2059 (CHAPTER 503, AB 432)κ
Sec. 11. NRS 422.008 is hereby amended to read as follows:
422.008 [As used in this chapter, assistance] Assistance to the medically indigent means the program established to provide assistance for part or all of the cost of medical or remedial care rendered on behalf of indigent persons pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.) and other provisions of that act relating to medical assistance to indigent persons.
Sec. 12. NRS 422.010 is hereby amended to read as follows:
422.010 [As used in this chapter, board] Board means the state welfare board.
Sec. 13. NRS 422.030 is hereby amended to read as follows:
422.030 [As used in this chapter, department] Department means the department of human resources.
Sec. 14. NRS 422.040 is hereby amended to read as follows:
422.040 [As used in this chapter, director] Director means the director of the department . [of human resources.]
Sec. 15. NRS 422.050 is hereby amended to read as follows:
422.050 [For the purposes of this chapter, public] Public assistance includes:
1. State supplementary assistance [provided in connection with the supplemental security income program;
2. Services to the aged, blind or disabled;
3.] ;
2. Aid to dependent children; [and
4.] 3. Assistance for the medically indigent [.] ;
4. Food stamp assistance;
5. Low-income home energy assistance;
6. Low-income weatherization assistance; and
7. Benefits provided pursuant to any other public welfare program administered by the welfare division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.
Sec. 16. NRS 422.0525 is hereby amended to read as follows:
422.0525 [As used in this chapter, state] State supplementary assistance means the program established to provide state assistance to aged or blind persons in connection with the supplemental security income program.
Sec. 17. NRS 422.053 is hereby amended to read as follows:
422.053 [As used in this chapter, supplemental] Supplemental security income program means the program established for aged, blind or disabled persons pursuant to Title XVI of the Social Security Act (42 U.S.C. §§ 1381 et seq.), as amended . [from time to time.]
Sec. 18. NRS 422.055 is hereby amended to read as follows:
422.055 [As used in this chapter, welfare] Welfare division means the welfare division of the department . [of human resources.]
Sec. 19. NRS 422.140 is hereby amended to read as follows:
422.140 1. The board has only those powers and duties authorized by law.
2. The board:
(a) Shall adopt regulations for its own management and government.
κ1993 Statutes of Nevada, Page 2060 (CHAPTER 503, AB 432)κ
(b) May [formulate standards and policies and] adopt regulations for the administration of public assistance [programs] and other programs for which the welfare division is responsible. [Every such standard, policy or regulation must] A regulation of the board:
(1) Must be so formulated or conditioned that it does not require for its operation throughout a fiscal year the expenditure of any money beyond the amounts appropriated or authorized by the legislature for the fiscal year to which it applies.
(2) Must not be inconsistent with any plan, policy or regulation adopted by the administrator:
(I) Pursuant to section 8 of this act, without the approval of the board; or
(II) Pursuant to NRS 422.180, 422.265, 422.373 or 422.377, or section 7 of this act.
(3) Becomes effective upon adoption or such other date as the board specifies in the regulation.
(c) Shall advise and make recommendations to the director or the legislature relative to the public welfare policy of the state.
3. The administrator shall execute and enforce the [decisions] regulations of the board.
[4. The administrator may formulate standards and policies and propose regulations to administer welfare division programs. Except as provided in this subsection, a regulation, standard or policy does not become effective unless it is approved by the board. A regulation, standard or policy which the director of the department of administration and the administrator determines is necessary to avoid the expenditure of any money beyond the amounts appropriated or authorized by the legislature for the fiscal year to which the regulation, standard or policy applies, may become effective without the approval of the board.]
Sec. 20. NRS 422.151 is hereby amended to read as follows:
422.151 1. The medical care advisory group is hereby created within the welfare division of the department . [of human resources.]
2. The function of the medical care advisory group is to:
(a) [Provide information concerning programs and goals of medical assistance programs.
(b) Suggest procedures whereby drugs and medical supplies are made available to recipients in the most effective and economical manner.] Advise the welfare division regarding the provision of services for the health and medical care of welfare recipients.
(b) Participate, and increase the participation of welfare recipients, in the development of policy and the administration of programs by the welfare division.
Sec. 21. NRS 422.153 is hereby amended to read as follows:
422.153 1. The medical care advisory group consists of [a chairman, an executive committee and six standing committees.
2. The chief of the medical care section of the welfare division or other person designated by the state welfare administrator to perform an equivalent function shall serve as secretary for the group and for each of the committees.
κ1993 Statutes of Nevada, Page 2061 (CHAPTER 503, AB 432)κ
3. The chairman of the medical advisory group and the members of the committees must be appointed by the director and shall] the state health officer and:
(a) A person who:
(1) Holds a license to practice medicine in this state; and
(2) Is certified by the board of medical examiners in a medical specialty.
(b) A person who holds a license to practice dentistry in this state.
(c) A person who holds a certificate of registration as a pharmacist in this state.
(d) A member of a profession in the field of health care who is familiar with the needs of persons of low income, the resources required for their care and the availability of those resources.
(e) An administrator of a hospital or a clinic for health care.
(f) An administrator of a facility for intermediate care or a facility for skilled nursing.
(g) A member of an organized group that provides assistance, representation or other support to recipients of assistance to the medically indigent.
(h) A recipient of assistance to the medically indigent.
2. The director shall appoint each member required by paragraphs (a) to (h), inclusive, of subsection 1 to serve for a term of 1 year.
[4. Members shall]
3. Members of the medical care advisory group serve without compensation [.] , except that while engaged in the business of the advisory group, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 22. NRS 422.155 is hereby amended to read as follows:
422.155 1. The [executive committee of the medical care advisory group shall consist of:
(a) The chairman of the medical care advisory group who shall serve as chairman of the executive committee.
(b) The state health officer.
(c) The chairman of each of the standing committees.
2. The executive committee may,] director shall appoint a chairman of the medical care advisory group from among its members.
2. The chief of the medical care section of the welfare division or other person designated by the administrator to perform an equivalent function shall serve as secretary for the medical care advisory group.
3. The medical care advisory group:
(a) Shall meet at least once each calendar year.
(b) May, upon the recommendation of the chairman, form subcommittees for decisions and recommendations concerning specific problems within the scope of the functions of the medical care advisory group.
Sec. 23. NRS 422.180 is hereby amended to read as follows:
422.180 The administrator [shall:
1. Serve] :
1. Shall serve as the executive officer of the welfare division.
2. [Administer] Shall establish policies for the administration of the programs of the welfare division, and shall administer all activities and services of the welfare division in accordance with [the policies, standards, rules and regulations established by the state welfare board,] those policies and any regulations of the administrator or the board, subject to administrative supervision by the director.
κ1993 Statutes of Nevada, Page 2062 (CHAPTER 503, AB 432)κ
regulations established by the state welfare board,] those policies and any regulations of the administrator or the board, subject to administrative supervision by the director.
3. [Be held] Is responsible for the management of the welfare division.
Sec. 24. NRS 422.200 is hereby amended to read as follows:
422.200 The administrator:
1. Is responsible for and shall supervise the fiscal affairs and responsibilities of the welfare division, subject to administrative supervision by the director.
2. Shall present the biennial budget of the welfare division to the legislature in conjunction with the budget division of the department of administration.
3. Shall allocate, [with the approval of the state welfare board,] in the interest of efficiency and economy, the states appropriation for administration of the separate programs for which the welfare division is responsible, subject to administrative supervision by the director.
Sec. 25. 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.] 3. 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 in the trust fund for child welfare.
[5.] 4. 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.
Sec. 26. NRS 422.265 is hereby amended to read as follows:
422.265 If [, in the future, the Congress of the United States shall pass any law or laws that have the effect of] Congress passes any law increasing the participation of the Federal Government in [the] a Nevada program for public assistance or child welfare [programs, either as relates] , whether relating to eligibility for assistance or [otherwise, the director is authorized to] otherwise:
κ1993 Statutes of Nevada, Page 2063 (CHAPTER 503, AB 432)κ
relating to eligibility for assistance or [otherwise, the director is authorized to] otherwise:
1. The director may accept, with the approval of the governor, the increased benefits of such congressional legislation; and [the board may formulate such standards as are]
2. The administrator may adopt any regulations required by the [Congress of the United States] Federal Government as a condition of acceptance.
Sec. 27. NRS 422.270 is hereby amended to read as follows:
422.270 The department through the welfare division shall:
1. Administer all public welfare programs of this state, including:
(a) State supplementary assistance ; [provided in connection with the supplemental security income program;]
(b) Aid to dependent children;
(c) Child welfare services;
(d) [Services to the aged, blind or disabled;
(e)] Assistance to the medically indigent;
(e) Food stamp assistance;
(f) Low-income home energy assistance;
(g) Low-income weatherization assistance;
(h) The program for the enforcement of child support; and
[(f)] (i) Other welfare activities and services provided for by the laws of this state.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any of the services and activities set forth in subsection 1.
3. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious [utilization] use of new federal grants which will assist the welfare division in carrying out the provisions of NRS 422.070 to 422.410, inclusive [.
4. Make regulations, subject to the approval of the board, for the administration of NRS 422.070 to 422.410, inclusive, which are binding upon all recipients and local units.
5.] , and sections 7 and 8 of this act.
4. Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs , and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.
[6.] 5. Make all investigations required by a court in [adoption] proceedings for adoption as provided by law.
[7.] 6. Establish reasonable minimum standards and regulations for foster homes, and [shall] license foster homes as provided by law.
[8.] 7. Provide services and care to children as provided by law.
κ1993 Statutes of Nevada, Page 2064 (CHAPTER 503, AB 432)κ
[9.] 8. Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the administrator.
[10.] 9. Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.
Sec. 28. NRS 422.285 is hereby amended to read as follows:
422.285 The department of human resources, through the welfare division, [shall] may reimburse directly, under the state plan for assistance to the medically indigent, any registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the state board of nursing, for such services rendered under the authorized scope of his practice to persons eligible to receive that assistance if another provider of health care would be reimbursed for providing those same services.
Sec. 29. NRS 422.294 is hereby amended to read as follows:
422.294 1. Subject to the provisions of subsection 2, if an application for public assistance [, or for food stamps issued pursuant to 7 U.S.C. §§ 2011 et seq.,] is not acted upon by the welfare division within a reasonable time after the filing of the application, or is denied in whole or in part, or if any grant of public assistance [or food stamps] is modified or canceled, or if an applicant for or recipient of public assistance [or food stamps is dissatisfied with] believes that any other action or failure to act on the part of the welfare division is erroneous with respect to his case, the applicant or recipient may appeal to the welfare division and may be represented in the appeal by counsel or other representation of his choice.
2. Upon the initial decision to deny, modify or cancel public assistance , [or food stamps,] the welfare division shall notify that applicant or recipient of its decision, the regulations involved and [of] his right to request a hearing within a certain period. If a request for a hearing is received within that period, the welfare division shall notify that person of the time, place and nature of the hearing. The welfare division shall provide an opportunity for a fair hearing and that appeal and shall review his case [in all matters with respect to which he is dissatisfied.] regarding all matters alleged in that appeal.
Sec. 30. NRS 422.296 is hereby amended to read as follows:
422.296 1. At any hearing held pursuant to the provisions of subsection 2 of NRS 422.294, opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.
2. Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.
3. The record of a hearing must include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) Questions and offers of proof and objections, and rulings thereon.
(d) Any decision, opinion or report by the hearing officer presiding at the hearing.
4. Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.
5. Findings of fact must be based exclusively on substantial evidence.
κ1993 Statutes of Nevada, Page 2065 (CHAPTER 503, AB 432)κ
6. Any employee or other representative of the welfare division who investigated or made the initial decision to deny, modify or cancel a grant of public assistance [or food stamps] shall not participate in the making of any decision made pursuant to the hearing.
Sec. 31. NRS 422.298 is hereby amended to read as follows:
422.298 1. A decision or order adverse to an applicant for or recipient of public assistance [or food stamps] must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory or regulatory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the decision or order must be delivered by certified mail forthwith to each party and to his attorney or other representative.
2. A person aggrieved by the final decision of the welfare division with respect to public assistance [or food stamps] may, at any time within 90 days after the date on which the written notice of the decision is mailed, petition the district court of the judicial district in which he resides to review the decision. The district court shall review the decision on the record of the case before the welfare division, a copy of which must be certified as correct by the administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review.
Sec. 32. NRS 422.373 is hereby amended to read as follows:
422.373 The administrator shall, pursuant to the appropriate provisions of 42 U.S.C. §§ 601 to 645, inclusive, establish by regulation a plan to provide for the education and training of recipients of aid to dependent children as a condition of being eligible for that aid. [The plan must be approved by the board.]
Sec. 33. NRS 422.377 is hereby amended to read as follows:
422.377 The administrator : [, with the approval of the board:]
1. Shall adopt regulations for:
(a) The administration of the plan; and
(b) The determination of eligibility of a recipient to participate in any part of the plan;
2. May contract with any state or private agency to provide any of the services of the plan; and
3. May receive a grant of money from the Federal Government or any other source to defray the costs of the plan.
Sec. 34. NRS 422.383 is hereby amended to read as follows:
422.383 1. There is hereby imposed a tax on hospitals at a rate established pursuant to subsection 2.
2. The department shall establish the rate of the tax imposed pursuant to subsection 1, [upon approval by the board of the] and make any necessary changes to the state plan for assistance to the medically indigent. The rate of the tax must be:
(a) Not less than 1 percent nor more than 7 percent on the operating costs of a hospital;
(b) Not less than 1 percent nor more than 4 percent on the billed charges of a hospital;
(c) Not more than 100 percent of the state share of the amount of Medicaid payments made to a hospital for services provided to inpatients; or
κ1993 Statutes of Nevada, Page 2066 (CHAPTER 503, AB 432)κ
(d) Any combination of the rates authorized by paragraphs (a), (b) and (c), except that the total amount of the tax must not exceed the amount that would be generated by a tax at the maximum rate allowed by paragraph (a) or (b), whichever is greater.
3. The tax must be imposed uniformly on all hospitals and must, except in the case of a tax imposed pursuant to paragraph (c) of subsection 2, be paid monthly. The tax is due within 10 days, excluding Saturdays, Sundays and legal holidays, after notice of the amount of the tax is received by the hospital. A tax imposed pursuant to paragraph (c) of subsection 2 may be paid at the time a Medicaid payment is made to the hospital.
4. The proceeds of the tax imposed pursuant to subsection 1 and any interest and penalties imposed on delinquent payments of the tax must be deposited in the state treasury for credit to the hospital tax account in the state general fund. The department of human resources shall administer the account.
5. The interest and income earned on money in the hospital tax account, after deducting any applicable charges, must be credited to the account.
Sec. 35. NRS 422.389 is hereby amended to read as follows:
422.389 1. In addition to any other tax imposed on providers of medical care, there is hereby imposed a tax on the state share of Medicaid payments made to providers of medical care, except for payments to a hospital for services provided to inpatients and payments for long-term care, at a rate established pursuant to subsection 2.
2. The department shall establish the rate of the tax [, upon approval by the board of the] and make any necessary changes to the state plan for assistance to the medically indigent. The rate of the tax must be not more than 100 percent of the state share of the amount of Medicaid payments made to the provider of medical care, except for payments to a hospital for services provided to inpatients and payments for long-term care. The tax may be imposed at the time a payment is made to a provider. The proceeds of the tax and any interest and penalties imposed on delinquent payments of the tax must be deposited in the state treasury for credit to the Medicaid budget account.
3. The money in the Medicaid budget account attributable to the tax and any amount contributed by the Federal Government to match that money:
(a) Must be used:
(1) For the administrative costs of the Medicaid program that are related to the tax; and
(2) To repay the amount of the tax to the providers who pay the tax through an increased rate of reimbursement for services provided to Medicaid patients.
The amount of money remaining after the payments required by subparagraphs (1) and (2) must be used to increase the reimbursement paid to the providers of medical care who paid the tax for services provided to Medicaid patients, in proportion to the amount of tax paid by such providers, or for other expenses of the Medicaid program.
(b) Is in addition to the amount appropriated or authorized for expenditure by the legislature for that budget account.
κ1993 Statutes of Nevada, Page 2067 (CHAPTER 503, AB 432)κ
Sec. 36. NRS 422.480 is hereby amended to read as follows:
422.480 Plan means the state plan for assistance to the medically indigent established pursuant to [NRS 422.234.] section 7 of this act.
Sec. 37. NRS 425.382 is hereby amended to read as follows:
425.382 1. The chief may proceed pursuant to NRS 425.382 to 425.3852, inclusive, after:
(a) Payment of public assistance by the division.
(b) Receipt of an application for services for enforcement pursuant to NRS 125B.150 by a person who is not receiving public assistance.
(c) Receipt of a written request for enforcement of an obligation for support of a dependent child from an agency of another state responsible for administering the Federal Child Support Enforcement Program Act (42 U.S.C. §§ 651 et seq.).
2. Subject to approval by the district court, the master may:
(a) Establish, modify and terminate an amount of support for a dependent child;
(b) Require coverage for health care of a dependent child;
(c) Establish paternity; and
(d) Collect support for a dependent child.
3. The administrator [, subject to the approval of the state welfare board,] may , pursuant to section 8 of this act, adopt such regulations and take such actions as [are] necessary to carry out the provisions of NRS 425.382 to 425.3852, inclusive.
Sec. 38. NRS 228.410 is hereby amended to read as follows:
228.410 1. The attorney general has primary jurisdiction to investigate and prosecute violations of NRS 422.540 to 422.570, inclusive, and any fraud in the administration of the plan or in the provision of medical assistance. The provisions of this section notwithstanding, the welfare division of the department of human resources shall enforce the plan and any administrative regulations adopted pursuant thereto.
2. For this purpose, he shall establish within his office the Medicaid fraud control unit. The unit must consist of a group of qualified persons, including, without limitation, an attorney, an auditor and an investigator.
3. The attorney general, acting through the unit established pursuant to subsection 2:
(a) Is the single state agency responsible for the investigation and prosecution of violations of NRS 422.540 to 422.570, inclusive;
(b) Shall review reports of abuse or neglect of patients in medical facilities which receive payments under the plan and, when appropriate, investigate and prosecute the persons responsible;
(c) May review and investigate reports of misappropriation of money from the personal resources of patients in medical facilities which receive payments under the plan and, when appropriate, prosecute the persons responsible;
(d) Shall cooperate with federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving fraud in the provision or administration of medical assistance pursuant to the plan, and provide those federal officers with any information in his possession regarding such an investigation or prosecution; and
κ1993 Statutes of Nevada, Page 2068 (CHAPTER 503, AB 432)κ
(e) Shall protect the privacy of patients and establish procedures to prevent the misuse of information obtained in carrying out this section.
4. When acting pursuant to NRS 228.175 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.
5. As used in this section:
(a) Medical facility has the meaning ascribed to it in NRS 449.0151.
(b) Plan means the state plan for the medically indigent established pursuant to [NRS 422.234.] section 7 of this act.
Sec. 39. NRS 483.800 is hereby amended to read as follows:
483.800 1. The following sources shall submit, within 30 days [of] after learning such information, to the department the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the department, of persons who are blind or night-blind or whose vision is severely impaired and shall designate whether the person is blind, night-blind or has severely impaired vision:
(a) Hospitals, medical clinics and similar institutions which treat persons who are blind, night-blind or whose vision is severely impaired; and
(b) Agencies of the state and political subdivisions which provide special tax consideration for blindness.
2. When any source described in subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision must be reported to the registry within 30 days after learning of that fact.
3. The department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of the registry.
4. The department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.
5. All information learned by the department pursuant to this section is confidential and any person who, without the consent of the person concerned, reveals that information for purposes other than those specified in this section, or other than for administration of the program for supplemental security income, including state supplementary assistance [and services to the aged, blind or disabled] pursuant to chapter 422 of NRS, or services to the blind pursuant to NRS 426.520 to 426.610, inclusive, is guilty of a misdemeanor.
Sec. 40. NRS 422.052, 422.157, 422.232, 422.233, 422.234, 422.257 and 422.281 are hereby repealed.
Sec. 41. The repeal of NRS 422.232, 422.233 and 422.234 pursuant to this act does not affect the validity of any plan adopted pursuant to those sections. Each plan adopted pursuant to those sections before July 1, 1993, shall be deemed to have been adopted pursuant to section 7 of this act.
Sec. 42. 1. The terms of the members of the medical care advisory group who are serving on June 30, 1993, except for the term of the state health officer, expire on that date.
2. As soon as practicable after July 1, 1993, the director of the department of human resources shall appoint to the medical care advisory group the members required by paragraphs (a) to (h), inclusive, of subsection 1 of NRS 422.153, as amended by this act.
κ1993 Statutes of Nevada, Page 2069 (CHAPTER 503, AB 432)κ
members required by paragraphs (a) to (h), inclusive, of subsection 1 of NRS 422.153, as amended by this act.
Sec. 43. Any balance remaining on June 30, 1993, in the bank account established pursuant to NRS 422.257 must not be committed for expenditure after that date. As soon as practicable after July 1, 1993, the welfare division of the department of human resources shall deposit any balance remaining in that account with the state treasurer for credit to the state general fund.
Sec. 44. 1. This section and sections 1 to 43, inclusive, of this act become effective on July 1, 1993.
2. Section 34 of this act expires by limitation if federal law, regulation or policy causes the department of human resources to be unable to make the payments specified in NRS 422.387 from the revenue available for that purpose.
3. Section 35 of this act expires by limitation if federal law, regulation or policy causes the department of human resources to be unable to make the payments specified in that section from the revenue available for that purpose.
________
Assembly Bill No. 394 — Committee on Taxation
CHAPTER 504
AN ACT relating to the business tax; changing the rate of the tax and the date of payment; 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 364A of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a holder of a license under this chapter fails to comply with a provision of this chapter or a regulation of the department adopted under this chapter, the department may revoke or suspend his license. Before so doing, the department must hold a hearing after 10 days written notice to the licensee. The notice must specify the time and place of the hearing and require him to show cause why his license should not be revoked.
2. If the license is suspended or revoked, the department shall give written notice of the action to the holder.
3. The notices required by this section may be served personally or by mail in the manner provided in NRS 360.350 for the service of a notice of the determination of a deficiency.
4. The department shall not issue a new license to the former holder of a revoked license unless it is satisfied that he will comply with the provisions of this chapter and the regulations of the department adopted pursuant thereto.
κ1993 Statutes of Nevada, Page 2070 (CHAPTER 504, AB 394)κ
Sec. 2. NRS 364A.140 is hereby amended to read as follows:
364A.140 1. A tax is hereby imposed upon the privilege of conducting business in this state. The tax for each calendar quarter is due on the last day of the quarter and must be paid on or before the last day of [each calendar quarter] the following month on the basis of the average number of employees in the [previous calendar] quarter.
2. Except as otherwise provided in NRS 364A.150, the average number of employees for a quarter must be calculated by determining the number of employees on the payroll of the business during the week that includes the 12th day of the month for each of the months in the quarter. The number so derived for each of the months in the quarter must be added together and then divided by three to determine the average number of employees for the business.
3. Except as otherwise provided in NRS 364A.170, the amount of tax due per quarter for a business [with an average number of employees of:
(a) Not more than 99 must be determined pursuant to the following table:
Average Number of Employees
During the Previous Total Tax for the
Calender Quarter Calendar Quarter
More than 0 but not more than 1 $25
More than 1 but not more than 4 75
More than 4 but not more than 9 175
More than 9 but not more than 19 375
More than 19 but not more than 34 700
More than 34 but not more than 49 1,050
More than 49 but not more than 74 1,600
More than 74 but not more than 99 2,250
(b) More than 99 but not more than 999 is $2,250 plus $30 for each employee, or portion thereof, over 99.
(c) More than 999 is $29,250 plus $17.50 for each employee, or portion thereof, over 999 up to but not exceeding $100,000 for the quarter.] is $25 for each employee.
4. Each business shall file a return on a form prescribed by the department with each remittance of the tax. If the payment due is greater than $1,000, the payment must be made by direct deposit at a bank in which the state has an account, unless the department waives this requirement pursuant to regulations adopted by the commission. The return must include a statement of the average number of employees of the business for the preceding quarter and any other information the department determines is necessary.
5. For the purposes of this section [:
(a) The] the average number of employees of a business does not include a sole proprietor or one natural person in any unincorporated business, who shall be deemed the owner of the business rather than an employee.
[(b) The businesses conducted by a corporation, partnership, proprietorship, business association or similar organization or by a natural person shall be deemed a single business if:
κ1993 Statutes of Nevada, Page 2071 (CHAPTER 504, AB 394)κ
(1) The businesses are similar or related; and
(2) In the case of businesses conducted by a corporation, partnership, proprietorship, business association or similar organization, the businesses are affiliated.
(c) If a person supplies more than 999 employees to a business, the employees supplied to the business shall be deemed a separate business of the person who supplies the employees.]
6. The department shall prorate the tax:
(a) If a business begun during the quarter applies for its license within 10 days after opening and tenders payment on or before the last day of the quarter.
(b) If a business ended during the quarter surrenders its license and tenders payment within 10 days after closing.
7. The commission shall adopt regulations concerning the payment of the tax imposed pursuant to this section by direct deposit.
[8. As used in this section:
(a) Affiliated means to be directly or indirectly controlling, controlled by or under common control with another person.
(b) Control means the power to direct or cause the management, operations or policies of a person, through direct or indirect ownership of that person.]
Sec. 3. NRS 364A.180 is hereby amended to read as follows:
364A.180 Upon written application made before the [due date,] date on which payment must be made, for good cause the department may extend by 30 days the time within which a business is required to pay the tax imposed by this chapter. If the tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay at the time required, but the business shall pay interest at the rate most recently established pursuant to NRS 99.040 for each month, or fraction of a month, from the last day of the month following the date on which the amount would have been due without the extension until the date of payment.
Sec. 4. To effect an orderly transition, the license tax imposed by chapter 364A of NRS for the calendar quarter ending on September 30, 1993, must be paid on or before October 31, 1993, unless an extension is granted by the department of taxation pursuant to NRS 364A.180.
Sec. 5. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 2072κ
Assembly Bill No. 389 — Committee on Judiciary
CHAPTER 505
AN ACT relating to traffic laws; authorizing the committee on testing for intoxication to adopt certain regulations relating to devices used to determine the percentage of alcohol that is present in a persons blood or urine; clarifying certain provisions relating to the measurement of alcohol in a persons breath; 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 a new section to read as follows:
1. The committee on testing for intoxication may adopt regulations that require:
(a) The calibration of devices which are used to test a persons blood or urine to determine the amount of alcohol or the presence of a controlled substance in the persons blood or urine;
(b) The certification of persons who make those calibrations;
(c) The certification of persons who operate devices for testing a persons blood or urine to determine the amount of alcohol or presence of a controlled substance in the persons blood or urine; and
(d) The certification of persons who examine those operators.
2. The committee may adopt regulations that prescribe the essential procedures for the proper operation of the various types of devices used to test a persons blood or urine to determine the amount of alcohol or the presence of a controlled substance in the persons blood or urine.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 484.382 is hereby amended to read as follows:
484.382 1. Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath for the purpose of determining the alcoholic content of his [blood] breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has an articulable suspicion that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.
2. The person under suspicion must be informed that his failure to submit to the preliminary test will result in the immediate revocation of his privilege to drive a vehicle.
3. If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385, and if reasonable grounds otherwise exist, the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.
4. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
κ1993 Statutes of Nevada, Page 2073 (CHAPTER 505, AB 389)κ
Sec. 4. NRS 484.383 is hereby amended to read as follows:
484.383 1. Except as otherwise provided in subsections 4 and 5, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.
2. The person to be tested must be informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.
3. Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.
4. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but may be required to submit to a breath or urine test.
5. If the alcoholic content of the blood or breath of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath test. If the person requests a blood test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.
6. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test. The officer shall inform him that his failure to submit to either or both of the blood and urine tests, as required, will result in the revocation of his privilege to drive a vehicle. A failure to submit to either or both of these tests constitutes a failure to submit to one test under this section.
7. Except as otherwise provided in subsections 4 and 6, a police officer shall not direct a person to submit to a urine test.
8. If a person to be tested fails to submit to a required test as directed by a police officer under this section, none may be given, except that if the officer has reasonable cause to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance [,] and that the person:
(a) Thereby caused death or substantial bodily harm to another; or
(b) Has been convicted of an offense, as defined in subsection 8 of NRS 484.3792, within the previous 7 years,
the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.
κ1993 Statutes of Nevada, Page 2074 (CHAPTER 505, AB 389)κ
to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.
Sec. 5. NRS 484.386 is hereby amended to read as follows:
484.386 1. Except as otherwise provided in subsection 2, [for the purposes of NRS 484.384 and 484.385,] an evidentiary test of breath to determine the percentage of alcohol in a persons [blood or] breath may be used to establish that percentage only if two consecutive samples of the persons breath are taken and:
(a) The difference between the percentage of alcohol in the persons [blood or] breath indicated by the two samples is less than or equal to 0.02;
(b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the percentage of alcohol in the persons [blood or] breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or
(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 484.383, the fourth evidentiary test must be a blood test.
2. If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the percentage of alcohol in the persons [blood or] breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the percentage.
3. A willful failure to provide a second or third consecutive sample or submit to a fourth evidentiary test is a failure to submit to a required evidentiary test.
Sec. 6. NRS 484.3882 is hereby amended to read as follows:
484.3882 1. The committee on testing for intoxication shall adopt regulations consisting of a list of those devices, described by manufacturer and type, which it certifies as designed and manufactured to be accurate and reliable for the purpose of testing a persons breath to determine the percent by weight of alcohol in the persons [blood.] breath. The committee may:
(a) Certify those devices of which it approves which are on the list of qualified products meeting the requirements for evidential breath-testing devices of the National Highway Traffic Safety Administration; or
(b) Establish its own standards and procedures for evaluating those devices and obtain evaluations of the devices from the director or his agent.
2. If such a device has been certified by the committee to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a persons breath to determine the percent by weight of alcohol in the persons [blood.
3. If the committee finds it necessary or desirable, it may provide for certification pursuant to subsection 1 of devices which are used to test a persons blood or urine to determine the amount of alcohol or the presence of a controlled substance in the persons blood.
4.] breath.
3. This section does not preclude the admission of evidence of the amount of alcohol in a persons [blood] breath where the information is obtained through the use of a device other than one of a type certified by the committee.
κ1993 Statutes of Nevada, Page 2075 (CHAPTER 505, AB 389)κ
through the use of a device other than one of a type certified by the committee.
Sec. 7. NRS 484.3884 is hereby amended to read as follows:
484.3884 1. The committee on testing for intoxication shall adopt regulations which:
(a) Prescribe standards and procedures for calibrating devices used for testing a persons breath to determine the percent by weight of alcohol in the persons [blood.] breath. The regulations must specify the period within which a law enforcement agency that uses such a device must calibrate it or have it calibrated by the director or his agent.
(b) Establish methods for ascertaining the competence of persons to calibrate such devices and provide for the examination and certification of those persons by the department. A certificate issued by the department may not be made effective for longer than 3 years.
(c) Prescribe the form and contents of records respecting the calibration of such devices which must be kept by a law enforcement agency and any other records respecting the maintenance or operation of those devices which it finds should be kept by such an agency.
2. The director shall issue a certificate to any person who is found competent to calibrate such a device or examine others on their competence in that calibration.
[3. If the committee finds it necessary or desirable, it may adopt regulations that require the calibration of devices which are used to test a persons blood or urine to determine the amount of alcohol or the presence of a controlled substance in the persons blood and the certification of persons who make those calibrations.]
Sec. 8. NRS 484.3886 is hereby amended to read as follows:
484.3886 1. The committee on testing for intoxication shall adopt regulations which:
(a) Establish methods for ascertaining the competence of persons to:
(1) Operate devices for testing a persons breath to determine the percent by weight of alcohol in the persons [blood.] breath.
(2) Examine prospective operators and determine their competence.
(b) Provide for certification of operators and examiners by the department. A certificate issued by the department may not be made effective for longer than 3 years.
A person who is certified as an examiner is presumed to be certified as an operator.
2. The director shall issue a certificate to any person who is found competent to operate such a device or examine others on their competence in that operation.
3. A court shall take judicial notice of the certification of a person to operate devices of one of the certified types. If a test to determine the amount of alcohol in a persons [blood] breath has been performed with a certified type of device by a person who is certified pursuant to this section, it is presumed that the person operated the device properly.
4. [The committee may adopt regulations which:
(a) Provide for the certification of persons who operate devices for testing a persons blood or urine to determine the amount of alcohol or presence of a controlled substance in the persons blood and the certification of persons who examine those operators.
κ1993 Statutes of Nevada, Page 2076 (CHAPTER 505, AB 389)κ
controlled substance in the persons blood and the certification of persons who examine those operators.
(b) Prescribe the essential procedures for the proper operation of the various types of devices.
5.] This section does not preclude the admission of evidence of a test of a persons breath [, blood or urine] where the test has been performed by a person other than one who is certified pursuant to this section.
Sec. 9. NRS 484.389 is hereby amended to read as follows:
484.389 1. If a person refuses to submit to a required chemical test provided for in NRS 484.382 or 484.383, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while he was driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
2. Except as otherwise provided in subsection 4 of NRS 484.382, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484.382 to 484.393, inclusive.
3. If a person submits to such a test, full information concerning that test must be made available, upon his request, to him or his attorney.
4. Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath testing device and otherwise maintained it as required by the regulations of the committee on testing for intoxication.
Sec. 10. NRS 484.3935 is hereby amended to read as follows:
484.3935 If:
1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating a device for testing a persons breath [, blood or urine] to determine the percent by weight of alcohol in his [blood;] breath; and
2. The technician makes an affidavit that the solution or gas has the chemical composition that is necessary for calibrating the device,
it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.
Sec. 11. NRS 484.3941 is hereby amended to read as follows:
484.3941 As used in NRS 484.3941 to 484.3947, inclusive, unless the context otherwise requires:
1. Device means a mechanism which:
(a) Tests a persons breath to determine the percent by weight of alcohol in his [blood;] breath; and
(b) If the results of the test indicate that the person has 0.05 percent or more by weight of alcohol in his blood, prevents the motor vehicle in which it is installed from starting.
2. The phrase 0.05 percent or more by weight of alcohol in his blood includes a concentration of alcohol in the blood or breath of a person of 0.05 gram or more by weight of alcohol:
(a) Per 100 milliliters of his blood; or
(b) Per 210 liters of his breath.
κ1993 Statutes of Nevada, Page 2077 (CHAPTER 505, AB 389)κ
Sec. 12. NRS 488.207 is hereby amended to read as follows:
488.207 1. To determine whether a person operating or exercising actual and physical control of a vessel under power or sail is under the influence of intoxicating liquor, the amount of alcohol in his blood or breath at the time of the test as shown by chemical analysis of his blood, breath or urine gives rise to the following presumptions:
(a) If there was at that time 0.05 percent or less by weight of alcohol in his blood, that at the time of the alleged violation the defendant was not under the influence of intoxicating liquor.
(b) If there was at that time 0.10 percent or more by weight of alcohol in his blood, that at the time of the alleged violation he was under the influence of intoxicating liquor.
(c) If there was at that time more than 0.05 but less than 0.10 percent by weight of alcohol in his blood, no presumption may be made, but this fact may be considered with other competent evidence in determining whether he was under the influence of intoxicating liquor.
2. The provisions of subsection 1 do not limit the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor.
3. As used in this section:
(a) The phrase 0.05 percent or less by weight of alcohol in his blood includes a concentration of alcohol in the blood or breath of a person of 0.05 gram or less by weight of alcohol:
(1) Per 100 milliliters of his blood; or
(2) Per 210 liters of his breath.
(b) The phrase more than 0.05 but less than 0.10 percent by weight of alcohol in his blood includes a concentration of alcohol in the blood or breath of a person of more than 0.05 gram but less than 0.10 gram by weight of alcohol:
(1) Per 100 milliliters of his blood; or
(2) Per 210 liters of his breath.
Sec. 13. NRS 488.208 is hereby amended to read as follows:
488.208 1. Except as otherwise provided in subsections 5 and 6, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.
2. If a person refuses to submit to such a test as directed by a peace officer, evidence of that refusal is admissible in any criminal action to determine whether the person was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.
3. The person to be tested must be informed that his refusal to submit to the test is admissible pursuant to subsection 2.
κ1993 Statutes of Nevada, Page 2078 (CHAPTER 505, AB 389)κ
4. Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that evidence of his refusal to submit to the test is admissible.
5. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but may be required to submit to a test of his breath or urine.
6. Except as otherwise provided in subsection 9, if the alcoholic content of the blood of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath test. If the person requests a blood test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.
7. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.
8. Except as otherwise provided in subsections 5 and 7, a peace officer shall not direct a person to submit to a urine test.
9. Except as otherwise provided in this subsection, a person who refuses to submit to a test required by this section must not be tested. If an officer has reasonable cause to believe that:
(a) The person to be tested was operating or in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance; and
(b) The person thereby caused the death or substantial bodily harm of another,
the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.
Sec. 14. NRS 488.209 is hereby amended to read as follows:
488.209 1. A court may not exclude evidence of a failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.208.
2. If a person submits to such a test, full information concerning that test must be made available, upon his request, to him or his attorney.
3. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the [testing] device for testing breath was certified, calibrated, maintained and operated as provided by the regulations of the committee on testing for intoxication adopted pursuant to NRS 484.3882, 484.3884 and 484.3886 [.] or section 1 of this act.
4. If the [testing] device for testing breath has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to subsection 1 of NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing of a persons breath to determine the percent by weight of alcohol in the persons [blood.]
κ1993 Statutes of Nevada, Page 2079 (CHAPTER 505, AB 389)κ
breath to determine the percent by weight of alcohol in the persons [blood.] breath.
5. A court shall take judicial notice of the certification by the director of the department of motor vehicles and public safety of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a persons [blood] breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 [,] or section 1 of this act, it is presumed that the person operated the device properly.
6. This section does not preclude the admission of evidence of a test of a persons breath [, blood or urine] where the:
(a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.
(b) Test has been performed by a person other than one who is certified by the director of the department of motor vehicles and public safety.
Sec. 15. NRS 488.213 is hereby amended to read as follows:
488.213 If:
1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating a device for testing a persons breath [, blood or urine] to determine the percent by weight of alcohol in his [blood;] breath; and
2. The [manufacturer certifies or the] technician makes an affidavit that the solution or gas has the chemical composition that is [specified by the manufacturer of such a device as] necessary for calibrating the device,
it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.
Sec. 16. NRS 50.315 is hereby amended to read as follows:
50.315 1. If a person has qualified in the district court of any county as an expert witness to testify regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, the experts affidavit is admissible in evidence in an administrative proceeding or in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justices or municipal court in any county in the district to prove:
(a) [The identity of the person from whom the affiant received the blood or urine or purported controlled substance for analysis;
(b)] The quantity of the purported controlled substance; and
[(c)] (b) The amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be.
2. A persons affidavit is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That he has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a persons breath [, blood or urine] to determine the amount by weight of alcohol in his [blood;] breath;
(b) The identity of a person from whom the affiant obtained a sample of breath ; [, blood or urine;]
κ1993 Statutes of Nevada, Page 2080 (CHAPTER 505, AB 389)κ
(c) That the affiant tested the sample using a device of a type so certified and that the device was functioning properly; and
(d) The amount of alcohol that he found in the persons [blood.] breath.
3. The affidavit of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing anothers breath to determine the amount of alcohol in his [blood] breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation; and
(b) That he prepared a solution or gas having the chemical composition [specified by the manufacturer of the device as] necessary for accurately calibrating it.
4. The affidavit of a person who calibrates a device for testing anothers breath to determine the amount of alcohol in his [blood] breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation;
(b) That on a specified date he calibrated [such a] the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committees regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
5. The affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as [mentioned] set forth in subsection 1 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The identity of the person from whom the affiant or declarant withdrew the sample;
(c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The identity of the person to whom the affiant or declarant delivered it.
6. The affidavit of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The fact that the affiant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
(c) The identity of the person to whom the affiant delivered it.
7. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 17. Sections 4, 13 and 16 of this act become effective at 12:01 a.m. on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 2081κ
Assembly Bill No. 314 — Committee on Government Affairs
CHAPTER 506
AN ACT relating to water; increasing the limit on the assessment for water distribution expenses incurred by the state engineer; making various changes to the hearing process for a permit for the appropriation of public waters; increasing certain fees collected by the state engineer; requiring a quarterly report on the performance of the state engineers office; 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 533.280 is hereby amended to read as follows:
533.280 1. The state engineer shall, between the first Monday of October and the first Monday of December of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of the stream system or each water district for the then current year.
2. The budget must show the following detail:
(a) The aggregate amount estimated to be necessary to pay the expenses of the stream system or water district.
(b) The aggregate water rights in the stream system or water district as determined by the state engineer or the court.
(c) The unit charge necessary to provide the money required.
(d) The charge against each water user, which must be based upon the proportion which his water right bears to the aggregate water rights in the stream system, but the minimum charge is $1.
3. When the stream system lies in more than one county, a separate budget must be prepared for each county showing only the claimants and charges assessable within the county.
4. When the stream system irrigates more than 200,000 acres of land, the assessment for water distribution expenses must not exceed [21] 25 cents per acre-foot of water decreed.
Sec. 2. NRS 533.365 is hereby amended to read as follows:
533.365 1. Any person interested may, within 30 days from the date of last publication of the notice of application, file with the state engineer a written protest against the granting of the application, setting forth with reasonable certainty the grounds of such protest, which shall be verified by the affidavit of the protestant, his agent or attorney.
2. On receipt of a protest, the state engineer shall advise the applicant whose application has been protested of the fact that the protest has been filed with him, which advice shall be sent by [registered or] certified mail.
3. The state engineer shall [duly] consider the protest, and may, in his discretion, hold hearings and require the filing of such evidence as he may deem necessary to a full understanding of the rights involved . [; but no hearing thereon shall be had except after due notice by registered or] The state engineer shall give notice of the hearing by certified mail to both the applicant and the protestant. The notice [shall give] must state the time and place at which the hearing is to be held and [shall] must be mailed at least 15 days [prior to] before the date set for the hearing.
κ1993 Statutes of Nevada, Page 2082 (CHAPTER 506, AB 314)κ
4. The [hearings shall be conducted under such rules and regulations as the state engineer may make, which he is hereby empowered to make, for the proper and orderly exercise of the powers conferred herein; but technical rules of evidence shall not be deemed to apply.] state engineer shall adopt rules of practice regarding the conduct of such hearings. The rules of practice must be adopted in accordance with the provisions of NRS 233B.040 to 233B.120, inclusive, and codified in the Nevada Administrative Code. The technical rules of evidence do not apply at such a hearing.
Sec. 3. 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:
(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 requested 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. If a hearing is held regarding an application, the decision of the state engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. 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 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.
κ1993 Statutes of Nevada, Page 2083 (CHAPTER 506, AB 314)κ
Sec. 4. NRS 533.435 is hereby amended to read as follows:
533.435 1. The state engineer shall collect the following fees:
For examining and filing an application for a permit to appropriate water ............................................................. [$200.00] $250.00
This fee includes the cost of publication, which is $50.
For examining and acting upon plans and specifications for construction of a dam ........................................................................ 500.00
For examining and filing an application for each permit to change the point of diversion, manner of use [,] or place of use of an existing right ................................................................. [100.00] 150.00
This fee includes the cost of the publication of [such an] the application, which is $50.
For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water or watering livestock or wildlife purposes ........................................................................ 150.00
plus [$1] $2 per acre-foot approved or fraction thereof.
For issuing and recording each permit to change an existing right whether temporary or permanent for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, for watering livestock or wildlife purposes which change the point of diversion or place of use only, or for irrigational purposes which change the point of diversion or place of use only ............................................................................. 100.00
plus [$1] $2 per acre-foot approved or fraction thereof.
For issuing and recording each permit to change the point of diversion or place of use only of an existing right whether temporary or permanent for irrigational purposes ......................... 200.00
For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right only whether temporary or permanent for watering livestock or wildlife purposes for each second-foot of water approved or fraction thereof ............................................................................... 50.00
For issuing and recoding each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water for each second-foot of water approved or fraction thereof ............................................................ 100.00
This fee must not exceed $1,000.
κ1993 Statutes of Nevada, Page 2084 (CHAPTER 506, AB 314)κ
For filing a secondary application under a reservoir permit ............................................................................. 200.00
For approving and recording a secondary permit under a reservoir permit ......................................................................................... 200.00
For reviewing each tentative subdivision map ................. 150.00
plus $1 per lot.
For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet ............................................................................. 100.00
plus $1 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.
For filing proof of completion of work .............................. 10.00
For filing proof of beneficial use ........................................ 50.00
For filing any protest ................................................ [10.00] 25.00
For filing any application for extension of time within which to file proofs ............................................................................. 100.00
For filing any assignment or water right deed, for each water right assigned, actual cost of the work up to ................... 10.00
For filing any other instrument ........................................... 1.00
For making copy of any document recorded or filed in his office, for the first 100 words .............................................................. 1.00
For each additional 100 words or fraction thereof .................................................................... .20
For certifying to copies of documents, records or maps, for each certificate ...................................................................... 1.00
For each blueprint copy of any drawing or map, per square foot .................................................................................... .50
The minimum charge for a blueprint copy, per print ...... 3.00
2. When fees are not specified in subsection 1 for work required of his office, the state engineer shall collect the actual cost of the work.
3. Except as otherwise provided in this subsection, all fees collected by the state engineer under the provisions of this section must be deposited in the state treasury for credit to the general fund. All fees received for blueprint copies of any drawing or map must be kept by him and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by him or publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the state engineer is unable to make the refunds, he shall deposit the fees in the state treasury for credit to the general fund. The state engineer may maintain, with the approval of the state board of examiners, a checking account in any bank qualified to handle state money to carry out the provisions of this subsection. The bank account must be secured by a depository bond satisfactory to the state board of examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation.
Sec. 5. 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:
κ1993 Statutes of Nevada, Page 2085 (CHAPTER 506, AB 314)κ
(a) The governor.
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The department 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] Except as otherwise provided in NRS 533.365, 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:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;
(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. 6. Section 7 of Senate Bill No. 313 of this session is hereby amended to read as follows:
Sec. 7. 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.
κ1993 Statutes of Nevada, Page 2086 (CHAPTER 506, AB 314)κ
(c) The University and Community College System of Nevada.
(d) The department 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) Except as otherwise provided in NRS 533.365, the office of the state engineer.
2. [The] Except as otherwise provided in section 3 of this act, 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:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;
(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. 7. On or before September 30, 1993, and at the end of each calendar quarter thereafter through January 31, 1995, the state engineer shall submit to the director of the legislative counsel bureau for transmittal to the interim finance committee a report regarding the performance of his office, including the number of his employees, the training given to those employees, the amount of fees collected by the state engineer during the reporting period and any other information he deems appropriate to give an accurate report of the performance of his office.
κ1993 Statutes of Nevada, Page 2087 (CHAPTER 506, AB 314)κ
amount of fees collected by the state engineer during the reporting period and any other information he deems appropriate to give an accurate report of the performance of his office.
Sec. 8. 1. This section and sections 1 to 4, inclusive, 6 and 7 of this act become effective on July 1, 1993.
2. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 1993.
________
Assembly Bill No. 39 — Committee on Government Affairs
CHAPTER 507
AN ACT relating to county employees; providing for the donation of sick leave; adding certain deputy district attorneys to the merit personnel system for county employees; 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 245.210 is hereby amended to read as follows:
245.210 1. The board of county commissioners of each of the several counties shall, by ordinance or agreement pursuant to chapter 288 of NRS, provide for annual, sick and disability leave for elected and appointed county officers and county employees. The provisions of such an ordinance or agreement may be more restrictive but not more extensive than the provisions set forth in this section.
2. The ordinance or agreement must include provisions in substance as follows:
(a) A provision that all elected and appointed officers and employees are entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days.
(b) A provision that the board of county commissioners may by order provide for additional annual leave for long-term appointed officers and employees and for prorated annual leave for part-time employees.
(c) A provision that if an appointed officer or employee dies and was entitled to accumulated annual leave under the provisions of the ordinance, the heirs of [such] the deceased officer or employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the board of county commissioners of their entitlement, are entitled to be paid an amount of money equal to the number of days earned or accrued annual leave multiplied by the daily salary or wages of the deceased officer or employee.
(d) A provision that an elected county officer must not be paid for accumulated annual leave upon termination of his service.
κ1993 Statutes of Nevada, Page 2088 (CHAPTER 507, AB 39)κ
(e) A provision that during the first 6 months of employment of any appointed officer or employee, annual leave accrues as provided in paragraph (a), but annual leave must not be taken during this period.
(f) A provision that an appointed officer or employee must not be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
(g) A provision that all elected and appointed officers and employees are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year.
(h) A provision that the board of county commissioners may by order provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.
(i) A provision that any appointed officer or employee may be granted a leave of absence without pay.
3. Such an ordinance or agreement may include a provision that upon termination of employment, retirement or death all elected and appointed officers and employees are entitled to payment for their unused sick leave at their rate of salary [rate] at the time of termination, retirement or death.
4. Such an ordinance or agreement may include a provision that elected and appointed county officers and employees may donate portions of their accumulated annual and sick leave to other elected and appointed county officers and employees. If such a provision is adopted, donated time must be converted into money at the hourly rate of salary of the donor and the money must be converted into sick leave at the hourly rate of salary of the recipient.
Sec. 2. NRS 252.070 is hereby amended to read as follows:
252.070 1. All district attorneys are authorized to appoint deputies, who may transact all official business appertaining to the offices, to the same extent as their principals.
2. District attorneys are responsible on their official bonds for all official malfeasance or nonfeasance of the deputies. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.
3. All appointments of deputies under the provisions of this section must be in writing, and must, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the district attorney legally holds and exercises his office. Revocations of those appointments must also be filed and recorded as provided in this section. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.
4. Deputy district attorneys of counties whose population is less than 100,000 may engage in the private practice of law. In any other county, except as otherwise provided in NRS 7.065, deputy district attorneys shall not engage in the private practice of law.
5. Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his office may require. The compensation of any person so appointed must be fixed by the board of county commissioners.
κ1993 Statutes of Nevada, Page 2089 (CHAPTER 507, AB 39)κ
county commissioners. Investigators employed by a district attorney have the powers of peace officers.
6. In a county whose population is 400,000 or more, deputies are governed by the merit personnel system of the county.
________
Senate Bill No. 362 — Committee on Finance
CHAPTER 508
AN ACT relating to state personnel; revising the state personnel system in compliance with federal law; making appropriations; 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 281.100 is hereby amended to read as follows:
281.100 1. Except as otherwise provided in this section and NRS 284.180, the services and employment of all persons who are [now, or may hereafter be,] employed by the State of Nevada, or by any county, city, town, township or [any] other political subdivision thereof, are [hereby limited and restricted] limited to not more than 8 hours in any 1 calendar day and not more than 40 hours in any 1 week.
2. The period of daily employment mentioned in this section commences from the time the employee takes charge of any equipment of the employer or acts as an assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work.
3. [Nothing in this section applies] This section does not apply to:
(a) Officials of the State of Nevada or of any county, city, town, township or other political subdivision thereof [.] , or employees of the state whose employment is governed by section 4 of this act.
(b) Employees of the State of Nevada or of any county, city, town, township or other political subdivision thereof who:
(1) Are engaged as employees of a fire department, or to nurses in training or working in hospitals, or to police, deputy sheriffs or jailers;
(2) Chose and are approved for a variable workday or variable 80-hour work schedules within a biweekly pay period;
(3) Work more than 8 hours but not more than 10 hours in any 1 workday or 40 hours in any 1 work week;
(4) Are executive, administrative, professional or supervisory employees; or
(5) Are covered by a collective bargaining agreement which establishes hours of service.
(c) Employees of the legislative counsel bureau.
κ1993 Statutes of Nevada, Page 2090 (CHAPTER 508, SB 362)κ
(d) Work done directly by any public utility company pursuant to an order of the public service commission of Nevada or other public authority.
4. Any employee whose hours are limited by subsection 1 may be permitted, or in case of emergency where life or property is in imminent danger may be required, at the discretion of the officer responsible for his employment, but subject to any agreement made pursuant to section 5 of this act, to work more than the number of hours limited. If so permitted or required, he is entitled to receive, at the discretion of the responsible officer:
(a) Compensatory vacation time; or
(b) Overtime pay.
5. Any officer of agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, whose duty it is to employ, direct or control the services of an employee covered by this section, who violates any of the provisions of this section as to the hours of employment of labor as provided in this section, is guilty of a misdemeanor.
Sec. 2. NRS 281.1275 is hereby amended to read as follows:
281.1275 1. [The] Except as permitted by the federal Family and Medical Leave Act of 1993, the salary of a public officer or employee of the state or any agency thereof, or of a political subdivision or any agency thereof, who is not entitled pursuant to federal or state law, local ordinance, or policy or contract of employment to earn overtime at the rate of time and one-half, must not be reduced for an absence from work for part of a day.
2. [A part-day absence of an officer or employee who is not entitled to earn overtime at the rate of time and one-half must be accounted for by use of accrued leave appropriate to the absence or compensatory time or, where no such leave or compensatory time is available, by administrative leave with pay.
3.] The provisions of this section do not apply to an officer or employee of the legislative branch of government, except an officer or employee of the legislative library.
Sec. 3. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. 1. An employee in the unclassified service who is an elected officer, on the personal staff of an elected officer, or an appointed head of a department or division who serves at the pleasure or discretion of an elected officer, or who is an executive, administrative or professional employee within the meaning of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq.:
(a) Must be paid on a salary basis, within a maximum amount established by law;
(b) Is not entitled to compensation for overtime; and
(c) Is not subject to disciplinary suspensions for less than 1 week.
2. An employee in the classified service who is an executive, administrative or professional employee within the meaning of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., and who is either a head of a department, division or bureau, or a doctoral level professional:
(a) Must be paid on a salary basis;
(b) Is not entitled to compensation for overtime; and
(c) Is not subject to disciplinary suspensions for less than 1 week.
κ1993 Statutes of Nevada, Page 2091 (CHAPTER 508, SB 362)κ
3. Unless otherwise specified by statute, the department shall determine which positions in the classified and unclassified service are subject to the provisions of this section.
Sec. 5. A department, agency or institution within the executive department of state government which is authorized by law to make appointments in the classified or unclassified service may enter into an agreement with an organization representative of state employees which has been designated and recognized pursuant to the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., for the provision of compensatory vacation time instead of monetary payment for overtime. If an employee is not a member of such an organization, the department, agency or institution may enter into such an agreement with the employee directly.
Sec. 6. NRS 284.180 is hereby amended to read as follows:
284.180 1. The legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan in no way limits the authority of the legislature relative to budgeted appropriations for salary and wage expenditures.
2. Credit for overtime work directed or approved by the head of an agency or his representative must be earned at the rate of time and one-half, except for those employees [determined by the department to be executive, administrative, professional or supervisory. Executive, administrative, professional and supervisory employees earn credit for overtime at their regular straight time rate.] described in section 4 of this act.
3. Except as otherwise provided in subsections 4, 6 and 8, overtime is considered time worked in excess of:
(a) Eight hours in 1 calendar day;
(b) Eight hours in any 16-hour period; or
(c) A 40-hour week.
4. Firemen who choose and are approved for a 24-hour shift shall be deemed to work an average of 56 hours per week and 2,912 hours per year, regardless of the actual number of hours worked or on paid leave during any biweekly pay period. A fireman so assigned is entitled to receive 1/26 of his annual salary for each biweekly pay period. In addition, overtime must be considered time worked in excess of:
(a) Twenty-four hours in one scheduled shift; or
(b) Fifty-three hours average per week during one work period for those hours worked or on paid leave.
The appointing authority shall designate annually the length of the work period to be used in determining the work schedules for such firemen. In addition to the regular amount paid such a fireman for the deemed average of 56 hours per week, he is entitled to payment for the hours which comprise the difference between the 56-hour average and the overtime threshold of 53 hours average at a rate which will result in the equivalent of overtime payment for those hours.
5. The director, with the approval of the commission, shall adopt regulations to carry out the provisions of subsection 4.
κ1993 Statutes of Nevada, Page 2092 (CHAPTER 508, SB 362)κ
6. For employees who choose and are approved for a variable workday, overtime will be considered only after working 40 hours in 1 week. For employees who choose and are approved for a variable 80-hour work schedule within a biweekly pay period, overtime will be considered only after working 80 hours biweekly.
7. An agency may experiment with innovative work weeks upon the approval of the head of the agency and after majority consent of the affected employees.
8. This section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the commission.
9. All overtime must be approved in advance by the appointing authority or his designee. No officer or employee, other than a director of a department or the chairman of a board, commission or similar body, may authorize overtime for himself. The chairman of a board, commission or similar body must approve in advance all overtime worked by members of the board, commission or similar body.
10. The budget division of the department of administration shall review all overtime worked by employees of the executive department to ensure that overtime is held to a minimum. The budget division shall report quarterly to the state board of examiners the amount of overtime worked in the quarter within the various agencies of the state.
Sec. 7. NRS 284.385 is hereby amended to read as follows:
284.385 1. An appointing authority may:
(a) Dismiss or demote any permanent classified employee when he considers that the good of the public service will be served thereby.
(b) [Suspend] Except as otherwise provided in section 4 of this act, suspend without pay, for disciplinary purposes, a permanent employee for a period not to exceed 30 days.
2. A dismissal, involuntary demotion or suspension does not become effective until the employee is notified in writing of the dismissal, involuntary demotion or suspension and the reasons therefor. The notice may be delivered personally to the employee or mailed to him at his last known address by registered or certified mail, return receipt requested. If the notice is mailed, the effective date of the dismissal, involuntary demotion or suspension shall be deemed to be the date of delivery or if the letter is returned to the sender, 3 days after mailing.
3. No employee in the classified service [shall] may be dismissed for religious or racial reasons.
Sec. 8. NRS 463.080 is hereby amended to read as follows:
463.080 1. The board, with the approval of the commission, may:
(a) Establish, and from time to time alter, such a plan of organization as it may deem expedient.
(b) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and [all] other things as it may deem necessary or desirable in carrying out its functions.
κ1993 Statutes of Nevada, Page 2093 (CHAPTER 508, SB 362)κ
(c) Incur such other expenses, within the limit of money available to it, as it may deem necessary.
2. Except as otherwise provided in this chapter, all costs of administration incurred by the board must be paid out on claims from the state general fund in the same manner as other claims against the state are paid.
3. The board shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the board and commission may require.
4. The members of the board and all the personnel of the board, except clerical employees [,] and employees described in section 4 of this act, are exempt from the provisions of chapter 284 of NRS. They are entitled to such leaves of absence as the board prescribes , [;] but such leaves must not be of lesser duration than those provided for other state employees pursuant to chapter 284 of NRS. Employees described in section 4 of this act are subject to the limitations specified in that section.
5. Clerical employees of the board are in the classified service but are exempt from the provisions of chapter 284 of NRS for purposes of removal. They are entitled to receive an annual salary which must be fixed in accordance with the pay plan adopted under the provisions of that chapter.
6. The board and the commission shall, by suitable regulations, establish a comprehensive plan governing employment, job classifications and performance standards, and retention or discharge of employees to assure that termination or other adverse action is not taken against such employees except for cause. The regulations must include provisions for hearings in personnel matters and for review of adverse actions taken in those matters.
Sec. 9. NRS 284.183 is hereby repealed.
Sec. 10. 1. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal years beginning July 1, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending July 30, 1995, the sums of $4,106,880 and $5,856,940, respectively, to meet any deficiencies that may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 67th session of the legislature, and the requirements for salary of the personnel of those departments, commissions and agencies necessary:
(a) To meet employee merit increases approved pursuant to chapter 284 of NRS and not budgeted;
(b) To meet any additional costs of overtime not budgeted or to meet the additional cost of complying with the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq.; or
(c) For all payments for compensatory time balances of the employees who become exempt from the overtime provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq.
2. There is hereby appropriated from the state highway fund to the state board of examiners for the fiscal years beginning July 1, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995, the sums of $314,525 and $455,126 respectively, to meet any deficiencies which may be created between the appropriated money of the department of motor vehicles and public safety, the public service commission of Nevada, and the attorney generals office, as fixed by the 67th session of the legislature, and the requirements for salary of the personnel of those departments, commissions and agencies necessary:
κ1993 Statutes of Nevada, Page 2094 (CHAPTER 508, SB 362)κ
vehicles and public safety, the public service commission of Nevada, and the attorney generals office, as fixed by the 67th session of the legislature, and the requirements for salary of the personnel of those departments, commissions and agencies necessary:
(a) To meet employee merit increases approved pursuant to chapter 284 of NRS and not budgeted;
(b) To meet any additional costs of overtime not budgeted or to meet the additional cost of complying with the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq.; or
(c) For all payments for compensatory time balances of the employees who become exempt from the overtime provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq.
3. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section, such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the employees of the respective departments, commissions and agencies for the purposes stated in subsections 1 and 2 of this section.
4. The money appropriated for fiscal years 1993-1994 and 1994-1995 in this section is available for both fiscal years 1993-1994 and 1994-1995, and 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. Any balance of that money must not be committed for expenditure after June 30, 1995, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.
Sec. 11. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 2095κ
Senate Bill No. 375 — Senators Nevin, Glomb and Callister
CHAPTER 509
AN ACT relating to trade practices; requiring sellers and salesmen who engage in solicitation by telephone to register rather than secure licensure; revising the exemptions from registration; making various changes relating to the powers and duties of the consumer affairs division of the department of commerce and the attorney general regarding the administration and enforcement of certain provisions; making various changes to fees paid by sellers and salesmen; eliminating the state board of telephone sales communications; creating an account for consumer education in the attorney generals special fund; providing penalties; 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 598.512 is hereby amended to read as follows:
598.512 1. Whenever the attorney general is requested in writing by the commissioner or the director to represent him in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the attorney general may bring an action in the name of the State of Nevada against that person on behalf of the commissioner or director.
2. The attorney general may institute criminal proceedings to enforce the provisions of NRS 598.360 to 598.640, inclusive. The attorney general is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.
3. If the attorney general has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the attorney general may [give written notice to the commissioner or director that the attorney general will institute a legal proceeding pursuant to this subsection if appropriate action is not taken within 30 days. If, within 30 days after the commissioner or director receives the notice, no action, administrative proceeding or other disposition is completed, and the attorney general has not been requested in writing to institute a legal proceeding on behalf of the commissioner or director, the attorney general may] bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.
Sec. 2. Chapter 599B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 17, inclusive, of this act.
Sec. 3. 1. The legislature finds and declares that:
(a) The sale of goods or services by telephone has a significant impact upon the economy and well being of this state and its local communities.
(b) Many legitimate solicitors by telephone merit certain protections pursuant to the laws of this state.
(c) Certain unscrupulous practices by persons soliciting the sale of goods or services by telephone are contrary to good business practices and have caused purchasers to suffer substantial losses because of misrepresentation, the lack of complete information relating to goods, services and the persons initiating or causing the solicitation by telephone, and the lack of delivery of the goods and services purchased.
κ1993 Statutes of Nevada, Page 2096 (CHAPTER 509, SB 375)κ
2. It is the intent of the legislature to:
(a) Provide each prospective purchaser with information necessary to make an intelligent decision relating to offers of sale;
(b) Educate and assist the public to distinguish between honest and dishonest practices of solicitation by telephone;
(c) Safeguard the public against deceptive practices and financial hardship;
(d) Prohibit representations that tend to be misleading;
(e) Ensure, foster and encourage competition and fair dealings among sellers by requiring sellers to disclose certain information adequately; and
(f) Protect the integrity of the industry relating to solicitation by telephone.
3. As the provisions of this chapter are necessary to protect the public welfare, it is also the intent of the legislature that the provisions of this chapter be liberally construed to effectuate its purposes.
Sec. 4. 1. The commissioner may request and the attorney general shall provide opinions for the division on all questions of law relating to the construction, interpretation or administration of this chapter.
2. The attorney general shall make the legal determination of whether a person is required to register pursuant to the provisions of this chapter. In making this determination, the attorney general shall consider the definitions, intent, findings and declarations set forth in this chapter.
Sec. 5. 1. All fees and civil penalties collected pursuant to this chapter must be deposited with the state treasurer for credit to the appropriate account of the division and may only be used to defray the costs of:
(a) Administering and enforcing the provisions of this chapter.
(b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct of sellers and salesmen, whether or not the sellers and salesmen are registered pursuant to this chapter.
2. At the end of each fiscal year, the state controller shall transfer to the state general fund any balance in excess of $250,000 remaining in the account to which fees and civil penalties were credited pursuant to subsection 1.
Sec. 6. 1. The fees for registration required by NRS 599B.090, 599B.120 and 599B.140 must be paid in cash or by certified check or money order.
2. A fee for registration must not be refunded, except that all or part of the fee may be refunded if the commissioner rejects an application for registration because the application is incomplete.
Sec. 7. 1. The bond, letter of credit or certificate of deposit filed pursuant to NRS 599B.100 must be held in trust for purchasers injured by the seller.
2. Any purchaser who is injured by the bankruptcy of the seller or his breach of any agreement entered into in his capacity as a registrant may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.
3. In addition to the remedy provided by subsection 2, a purchaser may file with the division a claim against a bond, letter of credit or certificate of deposit filed pursuant to NRS 599B.100 if he:
(a) Has purchased or received goods or services from a registrant;
(b) Was harmed by that registrants breach of any agreement entered into in his capacity as a registrant; and
κ1993 Statutes of Nevada, Page 2097 (CHAPTER 509, SB 375)κ
(c) Can show that he is entitled to a refund pursuant to subsection 1 of NRS 599B.190.
No other person is entitled to bring an action against the bond, letter of credit or certificate of deposit pursuant to this subsection.
4. The division shall audit each claim to determine whether the purchaser is entitled to receive a refund pursuant to subsection 1 of NRS 599B.190. The division may request the purchaser and the registrant or either of them to provide information to assist in the audit.
5. After the division has completed its audit, it shall schedule a hearing and notify the registrant and the purchaser of its intent either to take action or to decline to take action. If the division decides that it will take action against the bond, letter of credit or certificate of deposit, it shall notify the registrant not less than 10 days before the date set for the hearing to appear and show cause why the division should not take the intended action. If the division decides that it will not take action against the bond, letter of credit or certificate of deposit of a registrant on behalf of the purchaser, the division shall notify the purchaser not less than 10 days before the date set for the hearing to appear and show cause why the division should not decline to take action.
6. If, upon hearing, the commissioner determines that there are sufficient grounds to take the intended action against the bond, letter of credit or certificate of deposit, or if the registrant or the purchaser fails to appear and show cause why the division should not take the intended action, the commissioner shall take the action provided for in the divisions notice of intended action.
7. The division shall not distribute or cause to be distributed to the purchaser more than the actual amount of money that the purchaser paid for the product, service or premium. The division shall not distribute or cause to be distributed to the purchaser the value of a premium if the value exceeds the amount paid by the purchaser.
8. Except as otherwise provided in subsection 10, if the total amount of money awarded to purchasers against a bond does not exceed the amount of that bond, the surety on the bond shall distribute the money from the bond to the purchasers according to the terms of the order of the commissioner and is thereby relieved of all liability pursuant to the bond.
9. If the total amount of money awarded to purchasers against a bond exceeds the amount of that bond, or if the security is held in the form of a letter of credit or a certificate of deposit, the surety on the bond or the issuer of the letter of credit or certificate of deposit shall deposit the amount of the security with the division and is thereby relieved of all liability pursuant thereto. Except as otherwise provided in subsection 10, the division shall distribute to each purchaser his pro rata share of the proceeds of the bond, letter of credit or certificate of deposit.
10. Before distributing the proceeds of the bond, letter of credit or certificate of deposit to the purchaser, the division shall allow the registrant a reasonable amount of time within which to resolve the claims.
11. A purchaser who receives less than a full refund may bring an action in a court of competent jurisdiction against the registrant to recover the unpaid balance.
κ1993 Statutes of Nevada, Page 2098 (CHAPTER 509, SB 375)κ
12. The commissioner may adopt regulations regarding the distribution of the money to claimants pursuant to this section, including the conduct of hearings relating to such distributions.
Sec. 8. A registrant shall not misrepresent any fact or fail to state any material fact in any sales presentation or literature.
Sec. 9. If a registrant solicits the sale of investments or opportunities for investment, he shall, during the oral sales presentation and in writing, inform the prospective purchaser:
1. Of the manner in which the price of the offered item is determined;
2. Whether the registrant or his employer receives any financial advantage other than an agents or brokerage fee; and
3. Of the amount of any agents or brokerage fee.
Sec. 10. 1. A registrant shall not use a chance promotion unless each prospective purchaser is entitled to participate in the promotion without charge or payment of any kind.
2. A registrant shall, before describing any item offered in a chance promotion, inform each prospective purchaser that he may participate in the promotion without any obligation to purchase any goods or services.
3. If a prospective purchaser specifically requests the information and the odds are ascertainable, the registrant shall orally disclose the odds of receiving each item offered in the chance promotion. If such a request is made but the odds are not ascertainable, the registrant shall disclose the manner in which the items offered in the promotion are awarded.
4. A registrant shall not require or request the payment of any money as a condition of obtaining any premium offered in a chance promotion.
5. A registrant shall not require a person to perform any action or to supply any information to participate in a chance promotion, except that the registrant may require the person to submit a written request sent by first-class mail. A registrant may not require the person to supply any information other than his name, address and a list of the premiums available in the chance promotion.
6. If a premium is offered in a chance promotion, the registrant shall provide any such premium to each person who does not purchase goods or services from the registrant upon the same terms, including time of delivery, as are provided to the persons who do purchase goods or services from the registrant.
7. If requested, a registrant shall inform each person who does not purchase goods or services from the registrant of the manner in which the person can participate in the chance promotion.
8. Any registrant who uses a chance promotion shall:
(a) Furnish to the division information establishing the financial ability of the registrant to award all premiums to be given in the promotion.
(b) Award all premiums included in the promotion to bona fide recipients within 12 months after the promotion begins.
(c) Deliver the premiums to bona fide recipients within a reasonable time.
Sec. 11. Each delivery of goods or services by a registrant must be accompanied by the form prescribed by the division pursuant to subsection 7 of NRS 599B.190.
κ1993 Statutes of Nevada, Page 2099 (CHAPTER 509, SB 375)κ
Sec. 12. 1. The attorney general may conduct an investigation to determine whether a person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto.
2. If the attorney general has reason to believe that any person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, the attorney general may:
(a) Issue a subpena to require the testimony of any person;
(b) Issue a subpena to require the production of any documents; or
(c) Administer an oath or affirmation to any person providing testimony pursuant to a subpena.
3. A subpena issued pursuant to subsection 2 must be served in the manner provided in the Nevada Rules of Civil Procedure.
Sec. 13. If any person fails to cooperate with an investigation conducted by the attorney general or to obey a subpena issued by the attorney general pursuant to section 12 of this act, the attorney general may apply to any district court for equitable relief. The court may:
1. Order the person to testify or to produce the requested documents pursuant to the subpena; and
2. Grant other relief necessary to compel compliance by the person.
Sec. 14. 1. The attorney general may accept an assurance of discontinuance of any violation of the provisions of this chapter or any regulation adopted pursuant thereto. The assurance may include a stipulation for the payment of money to this state by the alleged violator, including but not limited to, payment for the costs of investigation, for the costs of instituting the action or proceeding and for the restitution of any money or property acquired as a result of the violation.
2. Proof by a preponderance of evidence of a violation of an assurance given pursuant to subsection 1 constitutes prima facie evidence of a violation of the applicable statutes or regulations for the purpose of any civil action or proceeding brought thereafter by the attorney general, whether the action or proceeding is a new action or a subsequent motion or petition in a pending action or proceeding.
Sec. 15. 1. If the attorney general has reason to believe that a person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, he may institute an appropriate legal proceeding against the person. The district court, upon a showing that the person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, may grant the following remedies, as appropriate:
(a) Issue a temporary or permanent injunction;
(b) Impose a civil penalty not to exceed $5,000 for each violation;
(c) Issue a declaratory judgment;
(d) Order restitution for purchasers;
(e) Provide for the appointment of a receiver;
(f) Order the payment of attorneys fees and costs; and
(g) Order such other relief as the court deems just.
κ1993 Statutes of Nevada, Page 2100 (CHAPTER 509, SB 375)κ
2. Any person who violates a court order or injunction issued pursuant to subsection 1 shall, upon a complaint brought by the attorney general, pay a civil penalty of not more than $50,000 for each violation.
3. A civil penalty paid pursuant to this section must be deposited in the state general fund.
Sec. 16. 1. The attorney general or the district attorney of any county in this state may prosecute any person who willfully violates, either directly or indirectly, the provisions of this chapter. Except as otherwise provided in subsection 3, such a person:
(a) For the first offense within 10 years, is guilty of a misdemeanor.
(b) For the second offense within 10 years, is guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses within 10 years, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $50,000, or by both fine and imprisonment.
2. Any offense which occurs within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 1 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
3. Any person who violates any provision of NRS 599B.080 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, by a fine of not more than $50,000 or by both fine and imprisonment.
4. Property or proceeds attributable to any violation pursuant to the provisions of this section are subject to forfeiture in the manner provided by NRS 179.1156 to 179.119, inclusive.
Sec. 17. 1. The attorney general may adopt regulations establishing standards of conduct for registrants and any other regulations necessary to exercise the powers and carry out the duties of the attorney general as set forth in this chapter.
2. The commissioner and the attorney general shall jointly adopt rules of practice establishing a procedure for processing complaints received concerning sellers and salesmen, whether or not the sellers and salesmen are registered pursuant to this chapter. The rules of practice:
(a) Must provide for the sharing of information and for the initial review of complaints by the attorney general before mediation by the commissioner; and
(b) May provide procedures for mediation by the commissioner after initial review by the attorney general.
3. The commissioner may adopt rules of practice necessary to administer and carry out the provisions of this chapter pertaining to the registration of sellers and salesmen. The rules of practice must not restrict the powers and duties of the attorney general as set forth in this chapter.
Sec. 18. NRS 599B.010 is hereby amended to read as follows:
599B.010 As used in this chapter, unless the context otherwise requires:
1. [Board means the state board of telephone sales communications.] Chance promotion means any plan in which premiums are distributed by random or chance selection.
κ1993 Statutes of Nevada, Page 2101 (CHAPTER 509, SB 375)κ
2. Commissioner means the commissioner of consumer affairs.
3. Division means the consumer affairs division of the department of commerce.
4. Goods or services means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.
5. Premium includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.
6. Purchaser or prospective purchaser means a person who is solicited to become or does become obligated to a seller.
[5.] 7. Salesman means any person:
(a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone; [or]
(b) Retained by a seller to provide consulting services relating to the management or operation of the sellers business [.] ; or
(c) Who communicates on behalf of a seller with a prospective purchaser:
(1) In the course of a solicitation by telephone; or
(2) For the purpose of verifying, changing or confirming an order, except that a person is not a salesman if his only function is to identify a prospective purchaser by name only and he immediately refers the purchaser to a salesman.
[6. Seller]
8. Except as otherwise provided in subsection 9, seller means any person who, on his own behalf, causes or attempts to cause a [telephone solicitation, including one made after a potential customer has responded to a solicitation sent by mail,] solicitation by telephone to be made through the use of one or more salesmen or any automated dialing announcing device [. The term does not include any person who is exempt from the provisions of this chapter pursuant to NRS 599B.020.] under any of the following circumstances:
(a) The person initiates contact by telephone with a prospective purchaser and represents or implies:
(1) That a prospective purchaser who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;
(2) That a prospective purchaser will or has a chance or opportunity to receive a premium;
(3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity; or
(4) That offered for sale is information or opinions relating to sporting events;
(b) The solicitation by telephone is made by the person in response to inquiries from a prospective purchaser generated by a notification or communication sent or delivered to the prospective purchaser that represents or implies:
κ1993 Statutes of Nevada, Page 2102 (CHAPTER 509, SB 375)κ
(1) That the prospective purchaser has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;
(2) That the prospective purchaser will receive a premium if the recipient calls the person; or
(3) That if the prospective purchaser buys one or more goods or services from the person, the prospective purchaser will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less that the regular price of the goods or services; or
(c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:
(1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity; or
(2) Information or opinions relating to sporting events.
9. Seller does not include:
(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.
(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.
(c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his license.
(d) A person soliciting the sale of a newspaper or magazine of general circulation or any solicitation of sales made by the publisher of such a newspaper or magazine or by an agent of the publisher pursuant to a written agreement.
(e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcasters license.
(f) A nonprofit organization when soliciting sales if no part of the net earnings from the sales inures to the benefit of any private shareholder or other person.
(g) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.
(h) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.
(i) A person soliciting the sale of books, recordings, video cassettes or similar items through an organization whose method of sales is governed by the regulations of the Federal Trade Commission relating to the use of negative option plans by sellers in commerce, including the use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements under which the person periodically ships merchandise to a prospective purchaser who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.
κ1993 Statutes of Nevada, Page 2103 (CHAPTER 509, SB 375)κ
(j) A person who solicits sales by periodically publishing and delivering a catalog to prospective purchasers, if the catalog:
(1) Contains a written description or illustration of each item offered for sale and the price of each item;
(2) Includes the business address of the person;
(3) Includes at least 100 pages of written material and illustrations;
(4) Is distributed in more than one state; and
(5) Has an annual circulation by mailing of not less than 250,000.
(k) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the prospective purchaser, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the prospective purchaser.
(l) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.
(m) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.
(n) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.
(o) A person soliciting the sale of services provided by a community antenna television company subject to regulation pursuant to chapter 711 of NRS.
(p) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100. As used in this paragraph, agricultural products has the meaning ascribed to it in NRS 587.290.
(q) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:
(1) Goods are displayed and offered for sale or services are offered for sale and provided at the persons business establishment; and
(2) At least 50 percent of the persons business involves the buyer obtaining such goods or services at the persons business establishment.
(r) A person soliciting only the sale of telephone answering services to be provided by the person or his employer.
(s) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:
(1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act (7 U.S.C. §§ 1 et seq.); and
(2) The registration or license has not expired or been suspended or revoked.
(t) A person who contracts for the maintenance or repair of goods previously purchased from the person:
κ1993 Statutes of Nevada, Page 2104 (CHAPTER 509, SB 375)κ
(1) Making the solicitation; or
(2) On whose behalf the solicitation is made.
(u) A person to whom a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his license.
(v) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:
(1) Does not offer the customer any premium in connection with the sale;
(2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and
(3) Is not regularly engaged in telephone sales.
(w) A person who solicits the sale of livestock.
(x) An issuer or wholly owned subsidiary of an issuer which has a security that is listed on the New York Stock Exchange.
Sec. 19. (Deleted by amendment.)
Sec. 20. NRS 599B.080 is hereby amended to read as follows:
599B.080 It is unlawful for any person to [act] do business as a seller or salesman in this state without [a license issued and in force under] being registered with the division pursuant to the provisions of this chapter. For the purposes of this section, a person [acts] does business as a seller or salesman in this state if he solicits or causes to be solicited a sale of goods or services from a location in this state [to a purchaser in this state or] or solicits persons in this state from a location outside this state.
Sec. 21. NRS 599B.090 is hereby amended to read as follows:
599B.090 1. An applicant for [a license] registration as a seller must submit to the division, in such form as it prescribes, a written application for [the license.] registration. The application must:
(a) Set forth the name of the applicant, including each name under which he intends to do business;
(b) Set forth the name of any parent or affiliate entity that:
(1) Will engage in a business transaction with the purchaser relating to any sale solicited by the applicant; or
(2) Accepts responsibility for any statement or act of the applicant relating to any sale solicited by the applicant;
(c) Set forth the complete street address of each location, designating the principal location, from which the applicant will be doing business;
(d) Contain a list of all telephone numbers to be used by the applicant, with the address where each telephone using these numbers will be located;
(e) Set forth the name and address of each:
(1) Principal officer, director, trustee, shareholder, owner or partner of the applicant, and of each other person responsible for the management of the business of the applicant;
(2) Person responsible for a location from which the applicant will do business; and
(3) Salesman to be employed by the applicant; [and]
(f) Be accompanied by a copy of any:
(1) Script, outline or presentation the applicant will require a salesman to use when soliciting or, if no such document is used, a statement to that effect;
κ1993 Statutes of Nevada, Page 2105 (CHAPTER 509, SB 375)κ
(2) Sales information or literature to be provided by the applicant to a salesman, or of which the applicant will inform the salesman; and
(3) Sales information or literature to be provided by the applicant to a purchaser in connection with any solicitation [.] ;
(g) If the applicant is a corporation, be signed by an officer of the corporation; and
(h) If the applicant is a natural person, be completed personally by the applicant.
2. Any material submitted pursuant to paragraph (f) of subsection 1 is submitted for the records of the division and not for the approval of the division.
3. The information provided pursuant to paragraph (f) of subsection 1 by an applicant for [a license] registration as a seller is confidential and may only be released to a law enforcement agency, to a court of competent jurisdiction or by order of a court of competent jurisdiction.
[3.] 4. If the applicant is other than a natural person, or if any parent or affiliated entity is identified pursuant to paragraph (b) of subsection 1, the applicant must, for itself and any such entity, identify its place of organization and:
(a) In the case of a partnership, provide a copy of any written partnership agreement; or
(b) In the case of a corporation, provide a copy of its articles of incorporation and bylaws.
[4.] 5. An application filed pursuant to this section must be verified and accompanied by:
(a) A bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100;
(b) A fee for [licensing] registration in the amount of [$5,000;] $6,000; and
(c) If subsection 5 applies, the additional bond, letter of credit or certificate of deposit and the additional fee required by that subsection.
[5.] 6. If an applicant intends to do business under any assumed or fictitious name, he must, for each such name:
(a) File an additional bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100; and
(b) Pay an additional fee for [licensing] registration in the amount of [$5,000.] $6,000.
Sec. 22. NRS 599B.100 is hereby amended to read as follows:
599B.100 1. An application filed pursuant to NRS 599B.090 must be accompanied by:
(a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposits are insured by an agency of the Federal Government; or
(c) A certificate of deposit in a financial institution insured by an agency of the Federal Government, which may be withdrawn only on the order of the commissioner, except that the interest may accrue to the applicant.
κ1993 Statutes of Nevada, Page 2106 (CHAPTER 509, SB 375)κ
2. The amount of the bond, letter of credit or certificate of deposit must be $50,000, and the bond, letter of credit or certificate of deposit must be conditioned upon compliance by the applicant with the provisions of this chapter.
3. [Any person who is injured by the bankruptcy of the applicant or his breach of any agreement entered into in his capacity as a licensee may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.
4. The liability of the surety on a bond provided pursuant to this section does not exceed the amount of the bond, regardless of the number of claims filed or the aggregate amount claimed. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the division. The division shall distribute the money to claimants entitled to restitution, and the surety is thereby relieved of all liability under the bond.] The amount of the security required to be filed by the seller may be increased to not more than $250,000 as part of an assurance of discontinuance accepted by the attorney general pursuant to section 14 of this act.
4. If, after a registration certificate is issued, the amount of the bond, letter of credit or certificate of deposit which secures the registration falls below the amount that is required by subsection 2 or the amount determined by the commissioner pursuant to subsection 3, the seller shall be deemed not to be registered pursuant to this chapter for the purposes of NRS 599B.080.
5. The term of any bond, letter of credit or certificate of deposit, or any renewal thereof, must not be less than 1 year.
6. The commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this section.
7. A seller may change the form of the security. If a seller changes the form of the security, the commissioner may retain for not more than 1 year all or a portion of the security previously filed by the seller as security for claims arising at the time the security was in effect.
8. If no claims have been filed against the bond, letter of credit or certificate of deposit within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the commissioner shall release the bond, letter of credit or certificate of deposit to the registrant and shall not audit any claims filed thereafter by purchasers. If one or more claims have been filed against the bond, letter of credit or certificate of deposit within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any purchaser earlier than 1 year after the registrant ceases to operate or his registration expires, whichever occurs later. The division shall not audit any claims which are filed pursuant to section 7 of this act more than 1 year after the registrant ceases to operate or his registration expires, whichever occurs later. For the purposes of this subsection, the commissioner shall determine the date on which a registrant ceases to operate.
Sec. 23. NRS 599B.110 is hereby amended to read as follows:
599B.110 1. With respect to any person identified pursuant to subparagraph (1) or (2) of paragraph (e) of subsection 1 of NRS 599B.090, an applicant for [a license] registration as a seller must state in his application the identity of any person who:
κ1993 Statutes of Nevada, Page 2107 (CHAPTER 509, SB 375)κ
(a) Has been convicted of racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion or misappropriation of property;
(b) Has had entered against him a final judgment or order, including a stipulated judgment or order, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion or misappropriation of property, the use of any untrue or misleading representation in an attempt to sell or dispose of real or personal property, or the use of any unfair, unlawful or deceptive trade practice;
(c) Is subject to any currently effective injunction or restrictive court order relating to a business activity as the result of any action brought by a federal, state or local agency, including any action affecting any license or registration authorizing him to do business or practice an occupation or trade;
(d) Has at any time during the previous 7 years filed in bankruptcy, been adjudged bankrupt or been reorganized because of insolvency; or
(e) Has been a principal, director, officer or trustee of, or a general or limited partner in, or had responsibilities as a manager in, any corporation, partnership, joint venture or other entity that filed in bankruptcy, was adjudged bankrupt or was reorganized because of insolvency within 1 year after the person held that position.
2. For any person described in subsection 1, the applicant must:
(a) Identify the court or administrative agency rendering the conviction, judgment or order against the person;
(b) Provide the docket number of the matter, the date of the conviction, judgment or order and the name of the governmental agency, if any, that brought the action resulting in the conviction, judgment or order; and
(c) For any person described in paragraph (e) of that subsection, provide the name and address of the person filing in bankruptcy, adjudged bankrupt or reorganized because of insolvency, the date of the action, the court which exercised jurisdiction and the docket number of the matter.
Sec. 24. NRS 599B.120 is hereby amended to read as follows:
599B.120 1. An applicant for [a license] registration as a salesman must submit to the division, in such form as it prescribes, a written application for [the license.] registration. The application must set forth the following information:
(a) The name, age and address of the applicant.
(b) Each business or occupation engaged in by the applicant during the 2 years immediately preceding the date of the application, and the location thereof.
(c) The previous experience of the applicant as a salesman.
(d) Whether the applicant has previously been arrested for, convicted of or is under indictment for a felony and, if so, the nature of the felony.
(e) Whether the applicant has previously been convicted of or is under indictment for forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other crime involving moral turpitude.
(f) Whether the applicant has previously been convicted of acting as a salesman without registration or a license, or whether such a registration or license has previously been refused, revoked or suspended in any jurisdiction.
κ1993 Statutes of Nevada, Page 2108 (CHAPTER 509, SB 375)κ
2. Except as otherwise provided in this subsection, an application filed pursuant to this section must be verified and be accompanied by:
(a) A verified statement of the seller with whom the salesman will be associated, expressing the intention of the seller to associate the salesman with him and to be responsible for the activities of the salesman [as a licensee;] as a registrant; and
(b) A fee for [licensing] registration in the amount of $100.
The fee [for licensing] may be paid after the application is filed, but must be paid within 14 days after the applicant begins work as a salesman.
3. Any application for registration made by a natural person must be completed personally by the applicant. An application made by a corporation must be signed by an officer of the corporation.
Sec. 25. NRS 599B.130 is hereby amended to read as follows:
599B.130 1. The division shall issue to each [licensee] registrant a [license] registration certificate in such form and size as is prescribed by the division and, in the case of a seller, shall issue a [license] registration certificate for each location at which the seller proposes to do business. Each [license] registration certificate must show the name and address of the [licensee] registrant and, in the case of a salesmans [license,] registration certificate, must set forth the name of the seller with whom the salesman will be associated.
2. Each [licensee] registrant shall prominently display his [license] registration certificate at the location where he does business.
Sec. 26. NRS 599B.140 is hereby amended to read as follows:
599B.140 1. Each person [licensed under] registered pursuant to the provisions of this chapter must renew his [license] registration annually by paying the fee for [licensing] registration and submitting to the division the application required by NRS 599B.090 or 599B.120, whichever applies.
2. Registration expires on the anniversary of the issuance of the registration. A registrant who wishes to renew his registration must do so on or before the date his registration expires.
3. For the purposes of NRS 599B.080, a person who fails to renew his registration within the time required by this section is not registered pursuant to this chapter.
4. Except as otherwise provided in NRS 599B.160, if any material change in the information submitted for [licensing] registration occurs before the date for renewal, a [licensee] registrant shall submit that information to the division [in the manner prescribed by regulation of the commissioner.] within 10 days after the registrant obtains knowledge of the change.
Sec. 27. NRS 599B.160 is hereby amended to read as follows:
599B.160 If any change is made to any script, outline, presentation, sales information or literature used by a [licensee] registrant in connection with any solicitation, the new or revised material must be submitted by the [licensee] registrant to the division [.] before such material is used.
Sec. 28. NRS 599B.170 is hereby amended to read as follows:
599B.170 1. During any solicitation or sales presentation made by him, or in any correspondence written in connection with a sale, a salesman shall:
[1.] (a) Identify himself by stating his true name; [and
2.] (b) Identify the seller by whom he is employed [.] ; and
κ1993 Statutes of Nevada, Page 2109 (CHAPTER 509, SB 375)κ
(c) State the purpose of his call.
2. During any solicitation or sales presentation made by him, or in any correspondence written in connection with a registrant, a registrant shall disclose to a prospective purchaser:
(a) Any charge, including the amount associated with the use of any premium being offered;
(b) Any material restriction, requirement, condition, limitation or exception which is associated with the use of the premium; and
(c) Any charge connected with the sale of any goods or services.
3. A registrant shall not characterize a premium as a prize unless the prospective purchaser may receive the premium free of charge and without making any purchase.
4. A registrant shall inform each prospective purchaser of the time within which any premium will be delivered.
5. A registrant shall not make any representation of the number of premiums to be awarded in a sales promotion unless the representation accurately reflects the actual number of premiums that will be awarded.
Sec. 29. NRS 599B.190 is hereby amended to read as follows:
599B.190 1. Except as otherwise provided in subsection [2,] 3, a person who purchases goods or services pursuant to a solicitation governed by this chapter must be given a refund [, credit] or replacement, at his option, if:
(a) The goods or services are defective, are not as represented or if any item described pursuant to NRS 599B.180 is not received as promised; and
(b) He returns the unused goods , if any, or makes a written request for the refund [, credit] or replacement within 30 days after he receives:
(1) The goods or services; or
(2) Any item described pursuant to NRS 599B.180,
whichever is received later. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this paragraph.
2. A registrant who receives a written request for a refund or replacement shall not require prior authorization for a return of goods and shall give a refund or replacement within 14 days of the request.
3. If a purchaser of goods returns only a portion of the goods, the refund [, credit] or replacement required by subsection 1 may be prorated accordingly.
[3.] 4. The refund [, credit] or replacement required by subsection 1 must be given by the seller, regardless of whether payment for the goods or services is made to the seller or some other person.
[4.] 5. Except for any proration permitted by subsection 3, a registrant shall not impose any charge in connection with a return of goods or a request for a refund or replacement.
6. If a registrant receives payment by credit card, he may issue a refund in the form of a credit to the credit card account of the purchaser in lieu of a cash refund.
7. Within 3 days after any purchase of goods or services or upon delivery of the goods or services, whichever is later, the seller shall provide the purchaser with a written summary of the provisions of this section. The summary must:
κ1993 Statutes of Nevada, Page 2110 (CHAPTER 509, SB 375)κ
(a) Be made in a form prescribed by the division.
(b) Include the address to which returned goods or a request for refund may be sent.
(c) Be accompanied by a statement containing the information required by paragraph (e) of subsection 1 of NRS 599B.180, if the provisions of that section apply.
(d) If the provisions of paragraph (c) of subsection 2 of NRS 599B.180 apply, be accompanied by a statement concerning the number of persons who have, during the 12 months preceding the solicitation or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.
A summary is timely if it is postmarked, properly addressed and postage prepaid, within the time provided by this subsection.
Sec. 30. NRS 599B.200 is hereby amended to read as follows:
599B.200 [1.] A salesman or seller shall not disclose the name or address of any person who purchases goods or services pursuant to a solicitation governed by this chapter. Nothing in this [subsection] section prohibits the disclosure of this information to:
[(a)] 1. Any person employed by or associated with the seller;
[(b)] 2. The commissioner or any employee of the division; or
[(c)] 3. Any law enforcement officer or agency that requires the information for investigative purposes.
[2. In addition to any other power granted under this chapter and subject to the requirements of notice and hearing contained in NRS 599B.220, the commissioner may impose a civil penalty of not more than $5,000 for a single violation, or $25,000 for multiple violations, against any person who violates any provision of subsection 1.]
Sec. 31. NRS 599B.210 is hereby amended to read as follows:
599B.210 1. Every [licensee,] registrant, other than a [licensee] registrant incorporated in this state, shall file with the secretary of state an irrevocable consent appointing the secretary of state as his agent to receive service of any lawful process in any action or proceeding against him arising pursuant to this chapter. Any lawful process against the [licensee] registrant served upon the secretary of state as provided in subsection 2 has the same force and validity as if served upon the [licensee] registrant personally.
2. Process authorized by subsection 1 must be served by delivering to and leaving with the secretary of state duplicate copies of the process with payment of a fee of $10. The secretary of state shall forthwith forward one copy of the process by registered or certified mail prepaid to the [licensee,] registrant, or in the case of a [licensee] registrant organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the [licensee,] registrant, giving the day and the hour of the service. Service of process is not complete until the copy thereof has been mailed and received by the [licensee,] registrant, and the receipt of the addressee is prima facie evidence of the completion of the service. If service of summons is made upon the secretary of state in accordance with the provisions of this section, the time within which the [licensee] registrant is required to appear is extended 10 days.
κ1993 Statutes of Nevada, Page 2111 (CHAPTER 509, SB 375)κ
Sec. 32. NRS 599B.020, 599B.040, 599B.050, 599B.060, 599B.070, 599B.220, 599B.230, 599B.240 and 599B.250 are hereby repealed.
Sec. 33. A license issued or renewed pursuant to chapter 599B of NRS before July 1, 1993, shall be deemed to constitute registration pursuant to the provisions of that chapter, as amended by this act, for the duration of the license. Upon the expiration of the license, the licensee shall renew the registration in the manner provided in chapter 599B of NRS as amended by this act.
Sec. 34. The regulations of the commissioner of consumer affairs that are codified as NAC 599B.010 to 599B.270, inclusive, expire on July 1, 1993.
Sec. 35. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 323 — Committee on Taxation
CHAPTER 510
AN ACT relating to motor vehicles; requiring a short-term lessor of a passenger car to collect a fee from a short-term lessee; requiring a portion of such fees to be remitted to the department of motor vehicles and public safety; 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. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
Sec. 2. 1. Upon the lease of a passenger car by a short-term lessor in this state, the short-term lessor shall charge and collect from the short-term lessee a fee of 6 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity. The amount of the fee must be indicated in the lease agreement.
2. On or before January 31 of each year, the short-term lessor shall:
(a) File with the department, on a form prescribed by the department, a report indicating the total amount of:
(1) Fees collected by the short-term lessor during the immediately preceding year pursuant to this section; and
(2) Vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.
(b) Remit to the department:
(1) One-third of the fees collected by the short-term lessor during the immediately preceding year pursuant to this section; and
(2) Of the remainder of such fees, any amount in excess of the total amount of vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.
3. The department shall deposit all money received from short-term lessors pursuant to the provisions of this section with the state treasurer for credit to the state general fund.
κ1993 Statutes of Nevada, Page 2112 (CHAPTER 510, AB 323)κ
4. To ensure compliance with this section, the department may audit the records of a short-term lessor.
5. Nothing in this section limits or affects the payment of any taxes or fees imposed pursuant to the provisions of this chapter.
6. As used in this section, vehicle licensing fees and taxes means:
(a) The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by him; and
(b) The basic and supplemental privilege taxes paid by the short-term lessor with regard to such passenger cars.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 533 — Senators Brown, Coffin, Hickey, Neal, OConnell, Shaffer and Smith
CHAPTER 511
AN ACT relating to mental health; making various changes to the statutory provisions regarding clients of and admission to mental health facilities; providing a penalty; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.534 is hereby amended to read as follows:
433.534 1. The rights of a client enumerated in this chapter must not be denied except to protect the clients health and safety or to protect the health and safety of others, or both. Any denial of those rights in any facility must be entered in the clients record of treatment, and notice of the denial must be forwarded to the administrative officer of the facility. Failure to report denial of rights by an employee may be grounds for dismissal.
2. If the administrative officer of a facility [designated by the administrator] receives notice of a denial of rights as provided in subsection 1, he shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the [administrator and the] commission.
3. The commission:
(a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;
(b) May act to resolve disputes relating to apparent violations;
(c) May act on behalf of clients to obtain remedies for any apparent violations; and
(d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.
Sec. 2. NRS 433.554 is hereby amended to read as follows:
433.554 1. Any employee of [the division] a public or private mental health facility or any other person , except a client, who:
κ1993 Statutes of Nevada, Page 2113 (CHAPTER 511, SB 533)κ
(a) Has reason to believe that a client of the division or of a private [institution or] facility offering mental health services has been or is being abused or neglected and fails to report it;
(b) Brings intoxicating beverages or a controlled substance into any [building] division facility occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;
(c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a prescription issued by a physician, podiatrist or dentist;
(d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or
(e) Contrives the escape, elopement or absence of a client,
is guilty of a misdemeanor [.
2. Any] , in addition to any other penalties provided by law.
2. In addition to any penalties provided by law, any employee of [the division] a public or private mental health facility or any other person , except a client, who willfully abuses or neglects any client:
(a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.
(b) If substantial bodily harm to the client results, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Any person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.
4. For the purposes of this section:
(a) Abuse means any willful [or reckless act or omission to act which causes physical or mental injury to] and unjustified infliction of pain, injury or mental anguish upon a client, including, but not limited to:
(1) The rape, sexual assault or sexual exploitation of the client;
(2) Striking the client;
(3) Verbal intimidation or coercion of the client without a redeeming purpose;
(4) The use of excessive force when placing the client in physical restraints; and
[(4)] (5) The use of physical or chemical restraints in violation of state or federal law.
Any act [or omission to act] which meets the standard of practice for care and treatment does not constitute abuse.
(b) Client includes any person who seeks, on his own or others initiative, and can benefit from care treatment and training in a public or private institution or facility offering mental health services.
(c) Neglect means any [act or] omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to [:
(1) Establish or carry out an] follow:
(1) An appropriate plan of treatment [for the client;
κ1993 Statutes of Nevada, Page 2114 (CHAPTER 511, SB 533)κ
(2) Provide the client with adequate nutrition, clothing or health care; and
(3) Provide a safe environment for the client.] to which the client has consented; and
(2) The policies of the facility for the care and treatment of clients.
Any [act or] omission to act which meets the standard of practice for care and treatment does not constitute neglect.
(d) Standard of practice [is] means the skill and care ordinarily exercised by prudent [medical personnel.] professional personnel engaged in health care.
Sec. 3. NRS 433A.140 is hereby amended to read as follows:
433A.140 1. Any person may apply to any public or private mental health facility in the State of Nevada for admission to such facility as a voluntary client for the purposes of observation, diagnosis, care and treatment. In the case of a person who has not attained the age of majority, application for voluntary admission may be made on his behalf by his spouse, parent or legal guardian.
2. If the application is for admission to a division facility, the applicant [shall] must be admitted as a voluntary client if examination by admitting personnel reveals that the person needs and may benefit from services offered by the mental health facility.
3. Any person admitted to a [division] public or private mental health facility as a voluntary client [shall] must be released immediately after the filing of a written request for release with the responsible physician or his designee within the normal working day. When a person is released pursuant to this subsection, the facility and its agents and employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person.
4. Any person admitted to a [division] public or private mental health facility as a voluntary client who has not requested release may nonetheless be released by the medical director of the facility when examining personnel at the [division] facility determine that the client has recovered or has improved to such an extent that he is not considered a danger to himself or others and that the services of that facility are no longer beneficial to him or advisable.
Sec. 4. NRS 433A.190 is hereby amended to read as follows:
433A.190 Within 24 hours of a persons admission under emergency admission, the administrative officer of a public or private mental health facility shall give notice of such admission by certified mail to the spouse [, parent] or legal guardian of that person.
Sec. 5. NRS 433A.220 is hereby amended to read as follows:
433A.220 1. Immediately after he receives any petition filed under NRS 433A.200 or 433A.210, the clerk of the district court shall transmit the petition to the appropriate district judge, who shall set a time and place for its hearing, which date must be within 14 calendar days from the time the petition is received by the clerk or from the time the subject of the petition was admitted to a hospital or public or private mental health facility pursuant to NRS 433A.160, whichever is less.
κ1993 Statutes of Nevada, Page 2115 (CHAPTER 511, SB 533)κ
2. The court shall give notice of the petition and of the time and place of any proceedings thereon to the subject of the petition, his attorney, if known, the petitioner, the district attorney of the county in which the court has its principal office , the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons with mental illnesses and the administrative office of any public or private mental health facility in which the subject of the petition is detained.
Sec. 6. NRS 433A.310 is hereby amended to read as follows:
433A.310 1. If the district court finds, after proceedings for the involuntary court-ordered admission [:] of a person to a public or private mental health facility:
(a) That there is not clear and convincing evidence that the person with respect to whom the hearing was held is mentally ill or exhibits observable behavior such that he is likely to harm himself or others if allowed to remain at liberty, the court shall enter its finding to that effect and the person must not be involuntarily detained in such a [mental health] facility.
(b) That there is clear and convincing evidence that the person with respect to whom the hearing was held is mentally ill and, because of that illness, is likely to harm himself or others if allowed to remain at liberty, the court may order the involuntary admission of the person for the most appropriate course of treatment. The order of the court must be interlocutory and must not become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390.
2. An involuntary admission pursuant to paragraph (b) of subsection 1 automatically expires at the end of 6 months if not terminated previously by the medical director of the public or private mental health facility as provided for in subsection 2 of NRS 433A.390. At the end of the court-ordered period of treatment , [period,] the division or any nondivision mental health facility may petition to renew the detention of the person for additional periods [of time] not to exceed 6 months each. For each renewal, the petition must set forth to the court specific reasons why further treatment would be in the persons own best interests.
3. Before issuing an order for involuntary admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment as suggested by the [divisions] evaluation team [,] who evaluated the person, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the person.
Sec. 7. NRS 433A.350 is hereby amended to read as follows:
433A.350 1. Upon admission to any [division] public or private mental health facility, each client of the facility and the clients spouse [, parents or other nearest-known adult relative shall] and legal guardian, if any, must receive a written statement outlining in simple, nontechnical language all procedures for release [procedures] provided by this chapter, setting out all rights accorded to [clients] such a client by this chapter and chapter 433 of NRS and , if the client has no legal guardian, describing procedures provided by law for adjudication of incompetency and appointment of a guardian for the client.
κ1993 Statutes of Nevada, Page 2116 (CHAPTER 511, SB 533)κ
2. Written information regarding the services provided by and means of contacting the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons with mental illnesses must be posted in each public and private mental health facility and provided to each client of such a facility upon admission.
Sec. 8. NRS 433A.750 is hereby amended to read as follows:
433A.750 1. Any person who:
(a) Without probable cause for believing a person to be mentally ill causes or conspires with or assists another to cause the involuntary court-ordered admission of any such person under this chapter; or
(b) Causes or conspires with or assists another to cause the denial to any person of any right accorded to him under this chapter,
shall be punished by a fine not exceeding $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
2. Unless a greater penalty is provided in subsection 1, a person who knowingly and willfully violates any provision of this chapter regarding the admission of a person to, or discharge of a person from, a public or private mental health facility is guilty of a gross misdemeanor.
3. Any person who, without probable cause for believing another person to be mentally ill, executes a petition, application or certificate pursuant to this chapter, by which such person secures or attempts to secure the apprehension, hospitalization, detention or restraint of the person alleged to be mentally ill, or any physician, psychiatrist or licensed psychologist who knowingly makes any false certificate or application pursuant to this chapter as to the mental condition of any person shall be punished by a fine not exceeding $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
Sec. 9. NRS 433A.340 is hereby repealed.
________
κ1993 Statutes of Nevada, Page 2117κ
Senate Bill No. 495 — Committee on Human Resources and Facilities
CHAPTER 512
AN ACT relating to emergency medical services; limiting the liability of volunteer emergency medical dispatchers and volunteer medical directors of entities that employ emergency medical dispatchers in smaller counties under certain circumstances; requiring the state board of health to provide for the training and certification of emergency medical dispatchers; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In a county whose population is less than 100,000, a volunteer emergency medical dispatcher is immune from civil liability for damages sustained as a result of any act or omission by him in the use of a medical priority dispatch system, if:
(a) He has, in good faith, followed the protocols of such a system to establish the priority of calls for medical help or to provide preliminary instructions to a person calling for such help;
(b) The protocols for the system have been approved by the medical director of the local emergency medical service; and
(c) The act or omission of the dispatcher does not amount to gross negligence or willful misconduct.
2. In a county whose population is less than 100,000, a volunteer medical director of a public or private agency, including a health facility, which employs an emergency medical dispatcher is immune from civil liability for damages sustained as a result of any act or omission by the agency if:
(a) The agency uses a medical priority dispatch system;
(b) The agency maintains a quality assurance program for that system; and
(c) The act or omission of the agency does not amount to gross negligence or willful misconduct.
3. As used in this section:
(a) Emergency medical dispatcher has the meaning ascribed to it in section 3 of this act.
(b) Health facility has the meaning ascribed to it in NRS 439A.015.
Sec. 2. Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. Emergency medical dispatcher means a person who:
1. Has completed a training program in emergency medical dispatching which has been approved by the board; and
2. Has been certified as having satisfactorily completed such a training program by an entity approved by the board to provide such training.
Sec. 4. 1. An educational institution, public or private agency or other entity may provide a training program for emergency medical dispatchers and issue certificates of completion if the program meets the requirements set forth in the regulations of the board and is approved by the board.
2. The board shall adopt regulations:
κ1993 Statutes of Nevada, Page 2118 (CHAPTER 512, SB 495)κ
(a) Prescribing the requirements for a program for training and certifying an emergency medical dispatcher;
(b) Prescribing the procedures for an educational institution, public or private agency or other entity to obtain the approval of the board to provide such a program; and
(c) Establishing such fees as are necessary to cover the cost of administering the provisions of this section.
Sec. 5. NRS 450B.020 is hereby amended to read as follows:
450B.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.025 to 450B.110, inclusive, and section 3 of this act, have the meanings ascribed to them in those sections.
________
Senate Bill No. 475 — Committee on Taxation
CHAPTER 513
AN ACT relating to racing; eliminating the Nevada racing commission; transferring the responsibilities for the licensing and regulation of certain events involving horse racing or greyhound racing to the Nevada gaming commission and the Nevada gaming control board; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.120 is hereby amended to read as follows:
463.120 1. The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission. These records are open to public inspection.
2. The board shall maintain a file of all applications for licenses under this chapter [,] and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.
3. The board and the commission may maintain such other files and records as they may deem desirable.
4. Except as otherwise provided in this subsection and subsection 5, all information and data:
(a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;
(b) Pertaining to an applicants criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source;
(c) Provided to the members, agents or employees of the board or commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential; and
(d) Obtained by the board from a manufacturer, distributor or operator relating to the manufacturing of gaming devices, are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction.
κ1993 Statutes of Nevada, Page 2119 (CHAPTER 513, SB 475)κ
are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of this state pursuant to regulations adopted by the commission.
5. Before the beginning of each legislative session, the board shall submit to the legislative commission for its review and for the use of the legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.
6. Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.
7. The files, records and reports of the board are open at all times to inspection by the commission and its authorized agents.
8. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the board and the Nevada gaming commission as is necessary to the administration of this chapter.
Sec. 2. NRS 463.140 is hereby amended to read as follows:
463.140 1. The provisions of this chapter with respect to state gaming licenses and manufacturers, sellers and distributors licenses must be administered by the board and the commission, which shall administer them for the protection of the public and in the public interest in accordance with the policy of this state.
2. The board and the commission and their agents may:
(a) Inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.
(b) Inspect all equipment and supplies in, upon or about such premises.
(c) Summarily seize and remove from such premises and impound any equipment, supplies, documents or records for the purpose of examination and inspection.
(d) Demand access to and inspect, examine, photocopy and audit all papers, books and records of any applicant or licensee, on his premises, or elsewhere as practicable, and in the presence of the applicant or licensee, or his agent, respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this chapter.
(e) Demand access to and inspect, examine, photocopy and audit all papers, books and records of any affiliate of a licensee whom the board or commission knows or reasonably suspects is involved in the financing, operation or management of the licensee. The inspection, examination, photocopying and audit may take place on the affiliates premises or elsewhere as practicable, and in the presence of the affiliate or its agent.
κ1993 Statutes of Nevada, Page 2120 (CHAPTER 513, SB 475)κ
3. For the purpose of conducting audits after the cessation of gaming by a licensee, the former licensee shall furnish, upon demand of an agent of the board, books, papers and records as necessary to conduct the audits. The former licensee shall maintain all books, papers and records necessary for audits for [a period of] 1 year after the date of the surrender or revocation of his gaming license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, he must maintain all books, papers and records until a final order is entered on the determination.
4. The board may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter, chapter 205 of NRS involving a crime against the property of a gaming licensee, or chapter 462, 463B, 464 [or 465] , 465 or 466 of NRS. For the purpose of the administration and enforcement of those provisions, the members of the board and commission and those agents of the board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, have the powers of a peace officer of this state.
5. An agent of the board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, and who has been certified by the peace officers standards and training committee, also has the powers of a peace officer of this state when, during the performance of those duties:
(a) A felony, gross misdemeanor or misdemeanor is committed or attempted in his presence; or
(b) He is given reasonable cause to believe that a person has committed a felony or gross misdemeanor outside of his presence.
6. For the purpose of protecting members of the board and of the commission and their families and property, and providing security at meetings of the board and of the commission, those agents of the board whose duties include the enforcement of statutes or regulations have the powers of a peace officer of this state.
7. The board and the commission or any of its members has full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission is guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.
Sec. 3. NRS 463.141 is hereby amended to read as follows:
463.141 The commission or board shall initiate proceedings or actions appropriate to enforce the provisions of this chapter and chapter 462 of NRS, and may request that a district attorney or recommend that the attorney general prosecute any public offense committed in violation of any provision of this chapter or of chapter 462, 463B [or 464] , 464 or 466 of NRS. If the board initiates any action or proceeding or requests the prosecution of any offense, it shall immediately notify the commission.
κ1993 Statutes of Nevada, Page 2121 (CHAPTER 513, SB 475)κ
Sec. 4. NRS 463.310 is hereby amended to read as follows:
463.310 1. The board shall make appropriate investigations:
(a) To determine whether there has been any violation of this chapter or chapter 462, 464 [or 465] , 465 or 466 of NRS or any regulations adopted thereunder.
(b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or regulation.
(c) To aid in adopting regulations.
(d) To secure information as a basis for recommending legislation relating to this chapter or chapter 462, 464 [or 465] , 465 or 466 of NRS.
(e) As directed by the commission.
2. If, after any investigation the board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the commission of any transaction for which the approval was required or permitted under the provisions of this chapter or chapter 462 [or 464] , 464 or 466 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
3. Upon receipt of the complaint of the board, the commission shall review it and all matter presented in support thereof, and shall conduct further proceedings in accordance with NRS 463.3125 to 463.3145, inclusive.
4. After the provisions of subsections 1, 2 and 3 have been complied with, the commission may:
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) Limit, condition, suspend or revoke any registration, finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the commission;
(c) Order a licensed gaming establishment to keep an individual licensee from the premises of the licensed gaming establishment or not to pay the licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment; and
(d) Fine each person or entity or both, who was licensed, registered or found suitable pursuant to this chapter or chapter 464 of NRS or who previously obtained approval for any act or transaction for which commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS:
(1) Not less than $10,000 nor more than $250,000 for each separate violation of any regulation adopted pursuant to NRS 463.125 which is the subject of an initial or subsequent complaint; or
(2) Except as otherwise provided in subparagraph (1) of this paragraph, not more than $100,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the commission which is the subject of an initial complaint and not more than $250,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the commission which is the subject of any subsequent complaint.
κ1993 Statutes of Nevada, Page 2122 (CHAPTER 513, SB 475)κ
each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the commission which is the subject of any subsequent complaint.
All fines must be paid to the state treasurer for deposit in the state general fund.
5. For the second violation of any provision of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of the establishment or person.
6. If the commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which the order is based.
7. Any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
8. Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315 to 463.318, inclusive.
Sec. 5. Chapter 466 of NRS is hereby amended by adding thereto a new section to read as follows:
Board means the state gaming control board.
Sec. 6. NRS 466.017 is hereby amended to read as follows:
466.017 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 466.019 to 466.028, inclusive, and section 5 of this act, have the meanings ascribed to them in those sections.
Sec. 7. NRS 466.021 is hereby amended to read as follows:
466.021 Commission means the Nevada [racing] gaming commission.
Sec. 8. NRS 466.030 is hereby amended to read as follows:
466.030 1. The [Nevada racing commission, consisting of five members appointed by the governor, is hereby created.
2. Except as otherwise provided in this chapter for licenses to conduct racing and pari-mutuel wagering, the] jurisdiction, supervision, powers and duties of the board and the commission extend to all persons, associations or corporations which hold or conduct any meeting within the State of Nevada where any racing is permitted for any stake, purse or reward.
[3.] 2. The commission , on the recommendation of the board, shall adopt regulations to carry out its powers and duties under this chapter.
Sec. 9. NRS 466.045 is hereby amended to read as follows:
466.045 No member of the board or commission may own or otherwise have a financial interest in any horse or greyhound which is entered in any race meet licensed pursuant to the provisions of this chapter.
Sec. 10. NRS 466.065 is hereby amended to read as follows:
466.065 The board and the commission shall maintain blanket fidelity bond coverage of all its members and employees who handle any of its money, unless such persons are covered by any blanket fidelity bond otherwise maintained by the State of Nevada.
κ1993 Statutes of Nevada, Page 2123 (CHAPTER 513, SB 475)κ
Sec. 11. NRS 466.070 is hereby amended to read as follows:
466.070 1. The [commission] board is authorized:
(a) To employ at reasonable compensation a reasonable number of inspectors, judges, guards, experts, scientists, auditors, veterinarians and other employees or agents deemed by the [commission] board to be essential at or in connection with any race meeting to the best interests of racing.
(b) To maintain a testing laboratory and to purchase supplies and equipment for and in connection with the laboratory or other test or testing processes.
(c) To lease suitable premises [for office space and] for photography control.
2. At any race meeting all officials, as this term is customarily understood in racing, including [by way of enumeration only, and not in] , without limitation, placing judges, patrol judges, clerks of the scales, starters and assistants, handicapper, timer, paddock judge, racing secretary and clerk of the course, [shall] must be employed and paid by the licensee conducting the race meeting, but approved by the [commission.] board.
3. There [shall] must be at least three stewards to supervise each race or meeting conducted [under] pursuant to the provisions of this chapter. One or more of [such stewards shall] the stewards must be the official steward of the [commission,] board, and the remaining steward or stewards [shall] must be appointed by the licensee, subject to the approval of the [commission.] board. The stewards shall exercise such powers and perform such duties at each race meeting as may be prescribed by the [rules and] regulations of the commission.
4. The board may delegate any of the powers and duties assigned to it by this section for a particular race meeting to the state fair association, agricultural society, county fair and recreation board or other association to which state or county aid is given, which is conducting the race meeting.
Sec. 12. NRS 466.080 is hereby amended to read as follows:
466.080 1. The [racing commission fund is created as a special revenue fund, from which the commission may pay, within the limits of legislative authorization, its expenses for the administration of this chapter.
2. The] account for racing and pari-mutuel wagering is hereby created within the state general fund. The [commission] board shall administer the account.
[3. The commission]
2. The board shall distribute the proceeds of the taxes collected pursuant to NRS 466.120 and subsection 1 of NRS 466.125 in the following order of priority:
(a) One percent of all pari-mutuel money handled on greyhound races, and on horse races which are not conducted by a state fair association, agricultural society, county fair and recreation board or other association to which state or county aid is given, to the city in which the races are conducted or, if the races are conducted outside any city, to the county in which they are conducted.
(b) [The amount authorized by the legislature, less any amount deposited pursuant to subsection 4, to the racing commission fund.
κ1993 Statutes of Nevada, Page 2124 (CHAPTER 513, SB 475)κ
(c)] Not more than 1 percent of all pari-mutuel money handled on greyhound races, and on horse races which are not conducted by a state fair association, agricultural society, county fair and recreation board or other association to which state or county aid is given, to the account for racing and pari-mutuel wagering.
[(d)] (c) The remainder to the state general fund.
[4. The commission shall deposit with the state treasurer for credit to the racing commission fund an amount of the proceeds of the tax imposed by subsection 2 of NRS 466.125, not to exceed the amount authorized for the expenditures of the commission by the legislature, which equals its costs apportioned to the race tracks and pay the remainder to each county agricultural association in proportion to the amount of taxes paid to the commission by each association.
5.] 3. A licensee who has paid the taxes required by subsection 1 of NRS 466.125 may apply to the [commission] board to receive a grant from the account for racing and pari-mutuel wagering. The board may recommend approval and the commission, in its discretion, may approve a grant to the licensee for the exclusive use of providing capital improvements to the racing facility of the licensee, a purse for racing or promotion of the facility, in proportion to the amount of taxes paid to the commission by the licensee. The board may not recommend approval and the commission may not approve a grant if sufficient money is not available to pay the [commissions] expenses of the board and the commission for the administration of this chapter.
Sec. 13. NRS 466.100 is hereby amended to read as follows:
466.100 1. Any natural person, association or corporation desiring to conduct racing within the State of Nevada must apply to the [state gaming control] board for a license so to do. The application must be in such form and supply such data and information as the board prescribes.
2. The board shall investigate the applicant, and any other person whom it believes necessary to determine the applicants suitability to receive a license to conduct racing. The cost of the investigation must be paid by the applicant. The board shall recommend in writing to the [Nevada gaming] commission either approval or denial of the license. If denial is recommended, the board shall prepare and file with the commission its written reasons for that recommendation. If the board recommends denial, the [Nevada gaming] commission may grant the license only by unanimous vote of the members present.
3. Each license issued by the [Nevada gaming] commission to conduct horse racing must be conditioned upon the licensees approving any locations which may be established in this state for off-track pari-mutuel wagering as required by 15 U.S.C. § 3004(b)(1)(A) as enacted and as this subsection may be amended from time to time.
4. The [Nevada gaming] commission may revoke, modify or suspend a license, fine a licensee or refuse to issue a license if it has reasonable cause to believe that the public interest can best be served by such an action. Any such action, except the refusal to issue a license, must comply with the procedures set forth in NRS 463.310 to 463.3145, inclusive. The judicial review provided in NRS 463.315 to 463.318, inclusive, is available to any person aggrieved by the final decision of the [Nevada gaming] commission to revoke or suspend a license or fine a licensee.
κ1993 Statutes of Nevada, Page 2125 (CHAPTER 513, SB 475)κ
5. A license to conduct horse or dog racing issued by the [Nevada gaming commission or the Nevada racing] commission continues to be valid without renewal unless it is suspended or revoked or the licensee changes the location at which he conducts racing or ceases to conduct racing.
Sec. 14. NRS 466.102 is hereby amended to read as follows:
466.102 When an application is made for a license to conduct racing or pari-mutuel wagering, or both, the applicant shall deposit with the [commission] board an amount of money [fixed by the commission as an advance] determined pursuant to NRS 463.331 to cover the expenses of investigation . [and against the tax on pari-mutuel wagers handled. Any portion of the advance not required for the expenses of investigation may be used by the commission to cover regulatory expenses and must be credited against the tax due until the advance is exhausted.]
Sec. 15. NRS 466.104 is hereby amended to read as follows:
466.104 The decision of the [Nevada racing commission on] commission, on the recommendation of the board, concerning the award of all dates, the conduct of races and any other matter concerning racing [which is not expressly conferred upon the Nevada gaming commission,] is final, but the [Nevada racing] commission shall, in awarding dates, give preference to agricultural associations for the dates on which each has conducted racing in previous years.
Sec. 16. NRS 466.105 is hereby amended to read as follows:
466.105 1. Every application for a license to conduct pari-mutuel wagering under this chapter must be made upon forms prescribed and furnished by the [state gaming control] board. The board shall investigate the applicant, including its officers and directors, if any, in the same manner as applicants for gaming licenses.
2. The cost of each investigation made pursuant to this section must be paid by the applicant. Investigation costs must be charged on the same basis as those for gaming license investigations.
3. The [state gaming control] board shall make its recommendations to the [Nevada gaming commission, and that] commission which shall grant or deny licenses [,] in the same manner as prescribed in chapter 463 of NRS for a state gaming license.
4. Each license issued by the [Nevada gaming] commission to conduct pari-mutuel wagering under this chapter must be conditioned upon the licensees approving any locations which may be established in this state for off-track pari-mutuel wagering as required by 15 U.S.C. § 3004(b)(1)(A) as enacted and as this subsection may be amended from time to time.
Sec. 17. NRS 466.110 is hereby amended to read as follows:
466.110 1. [A] No person, corporation or association [shall not] may be given a license to conduct more than 300 days each of horse and greyhound racing, separately or simultaneously in any 1 year on any one track within the State of Nevada.
2. The [Nevada racing] commission may, at any time or times, in its discretion, authorize any person, corporation or association to transfer its racing meet or meetings from its own track or place for holding races to the track or place for holding races of any other person, corporation or association. No such authority to transfer may be granted without express consent of the person, corporation or association owning or leasing the track to which the transfer is made, but nothing in this section affects in any manner the license fees, requirements, rights, conditions, terms and provisions of NRS 466.120 or the provision for taxes contained in NRS 466.125.
κ1993 Statutes of Nevada, Page 2126 (CHAPTER 513, SB 475)κ
the person, corporation or association owning or leasing the track to which the transfer is made, but nothing in this section affects in any manner the license fees, requirements, rights, conditions, terms and provisions of NRS 466.120 or the provision for taxes contained in NRS 466.125.
Sec. 18. NRS 466.120 is hereby amended to read as follows:
466.120 1. Except in the case of the trotting and pacing meetings provided for in NRS 466.130, and except as provided in subsection 3 of this section, each applicant desiring to hold horse races on the day or days awarded by the commission shall, before the issuance of any license therefor, pay to the [commission] board a license fee fixed by the commission at the time of making application of not less than $50 nor more than $200 for each day of any meeting for the conduct of races so licensed.
2. If the license is to include permission for pari-mutuel wagering, such license fee [shall] must be deducted from the tax imposed by NRS 466.125.
3. State fair associations, agricultural societies, county fair and recreation boards and other associations to which state or county aid is given are exempt from the license fee required by subsection 1 of this section [.] but must secure a license from the commission before holding such a race.
Sec. 19. NRS 466.130 is hereby amended to read as follows:
466.130 1. The [Nevada racing] commission may issue licenses for the holding of:
(a) Trotting and pacing meetings;
(b) Chariot races; and
(c) Cutter races,
at which pari-mutuel wagering will be conducted.
2. The [Nevada racing commission has] board and the commission have supervisory powers over such meetings and races and those licensed in the same manner and to the same extent, where not inappropriate, as [it has] they have by virtue of the provisions of this chapter over those licensed under other provisions of this chapter. Every applicant [shall] must pay a license fee of not less than $25 nor more than $200 for each day that races are held.
Sec. 20. NRS 466.155 is hereby amended to read as follows:
466.155 1. It is unlawful for any person to operate a system of pari-mutuel wagering on any licensed horse race or dog race at any location other than:
(a) The enclosure wherein the race which is the subject of the wagering occurs; or
(b) A licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.
2. All other forms of wagering or betting on the results of any of the races licensed under this chapter outside the enclosure or licensed establishment are also illegal, unless expressly authorized by the [Nevada gaming] commission.
Sec. 21. NRS 466.170 is hereby amended to read as follows:
466.170 1. The commission , on the recommendation of the board, shall adopt regulations for the licensing, supervising, disciplining, suspending, fining and barring from racing, on any track under the jurisdiction of the board or commission, of horses, greyhounds, owners, breeders, authorized agents, subagents, nominators, trainers, jockeys, jockey apprentices, jockey agents and any other person, persons, organizations, associations or corporations whose activities affect the conduct or operation of licensed race meetings.
κ1993 Statutes of Nevada, Page 2127 (CHAPTER 513, SB 475)κ
agents and any other person, persons, organizations, associations or corporations whose activities affect the conduct or operation of licensed race meetings.
2. At a licensed race meeting or race, a person shall not enter a horse or greyhound or participate as an owner, agent, nominator, trainer, jockey, jockey apprentice, or jockey agent, without first procuring from the [commission] board a license so to do, and paying such fees as the commission determines to be reasonable therefor. The [commission] board may issue such licenses, and may revoke them at any time for cause.
3. The regulations of the commission may include, but are not limited to, the following:
(a) A requirement for fingerprinting, or other method of identification, of applicants and licensees;
(b) A requirement for information concerning applicants antecedents, habits and character; and
(c) The procedure and form of application which applicants [shall] must follow and complete prior to consideration of their applications by the [commission.] board.
4. [If one member of the commission is a resident within an agricultural district which is conducting racing, that member is the representative of the commission at that race meeting. If more than one member of the commission is a resident within such a district, the commission shall determine how it is represented at the race meeting.
5. No member of the commission who officially represents the commission at a race meeting may own or otherwise have any financial interest in any horse entered in that race meeting.
6. The Nevada gaming commission] The commission, on the recommendation of the board, may adopt regulations for the conducting of pari-mutuel wagering under this chapter. The regulations must be similar to [that] the commissions regulations relating to the conduct of gaming adopted pursuant to chapter 463 of NRS.
Sec. 22. NRS 466.180 is hereby amended to read as follows:
466.180 The [commission shall have power:] board and the commission or any of its members has full power and authority:
1. To compel the production of any and all books, memoranda, documents, papers and records showing the receipts and disbursements of any person, corporation or association licensed under the provisions of this chapter to conduct race meetings.
2. To summon witnesses before it and to administer oaths or affirmations to witnesses whenever, in the judgment of the commission, it may be necessary for the effectual discharge of its duties.
3. To require, at any time, the removal of any employee or official employed by any licensee under this chapter.
4. To require that the book and financial or other statements of any person, corporation or association licensed under the provisions of this chapter shall be kept in any manner which to the commission may seem best.
5. To visit, to investigate and to place expert accountants and such other persons as it may deem necessary in the offices, tracks or places of business of any person, corporation or association licensed under the provisions of this chapter for the purpose of satisfying itself that the [rules and] regulations of the commission are strictly complied with.
κ1993 Statutes of Nevada, Page 2128 (CHAPTER 513, SB 475)κ
chapter for the purpose of satisfying itself that the [rules and] regulations of the commission are strictly complied with.
Sec. 23. NRS 244.347 is hereby amended to read as follows:
244.347 1. The county license board of a county [having a population of] whose population is less than 100,000 may license greyhound racing in the county outside of an incorporated city.
2. An application for licensing under this section must not be considered unless the applicant has first been approved for licensing pursuant to chapter 466 of NRS by the Nevada [racing] gaming commission. Each member of the firm, partnership, association or corporation receiving the license must have been approved by the county license board before the license is issued. Not more than one such license may be issued and it is not transferable.
3. Such racing is subject to the control of the state gaming control board and the Nevada [racing] gaming commission. Pari-mutuel wagering may be permitted at the track where such racing occurs.
Sec. 24. Section 9 of Senate Bill No. 242 of this session is hereby amended to read as follows:
Sec. 9. NRS 463.120 is hereby amended to read as follows:
463.120 1. The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission. These records are open to public inspection.
2. The board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.
3. The board and the commission may maintain such other files and records as they may deem desirable.
4. Except as otherwise provided in this subsection and subsection 5, all information and data:
(a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;
(b) Pertaining to an applicants criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source;
(c) Provided to the members, agents or employees of the board or commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential; and
(d) Obtained by the board from a manufacturer, distributor or operator relating to the manufacturing of gaming devices,
are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The board and commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of [this state pursuant to regulations adopted by the commission.] a state or the government of any foreign country.
κ1993 Statutes of Nevada, Page 2129 (CHAPTER 513, SB 475)κ
5. Before the beginning of each legislative session, the board shall submit to the legislative commission for its review and for the use of the legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.
6. Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.
7. The files, records and reports of the board are open at all times to inspection by the commission and its authorized agents.
8. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the board and the Nevada gaming commission as is necessary to the administration of this chapter.
Sec. 25. NRS 466.040, 466.050, 466.060 and 466.085 are hereby repealed.
Sec. 26. On the effective date of this act, the state controller shall transfer to the state general fund all money previously collected and deposited with the state treasurer for credit to the Nevada racing commission fund pursuant to chapter 466 of NRS which has not been previously committed for expenditure.
Sec. 27. All regulations adopted by the Nevada racing commission that are in effect on the effective date of this act shall become the regulations of the Nevada gaming commission. The legislative counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after the effective date of this act.
Sec. 28. This act becomes effective upon passage and approval.
Sec. 29. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act:
1. Appropriately correct any reference to an officer or agency whose designation is changed by this act, according to the function performed.
2. If an internal reference is made to a section repealed by this act, delete the reference or correct it by reference to the superseding section.
________
κ1993 Statutes of Nevada, Page 2130κ
Senate Bill No. 474 — Committee on Government Affairs
CHAPTER 514
AN ACT relating to public works projects; making various changes relating to the bidding process; requiring the awarding authority of a public contract to solicit bids for small projects under certain circumstances; revising the provision governing the preference given to local contractors; deleting the prospective provision which requires a contractor to provide proof of payment of a business license tax to qualify for the preference; making various other related changes; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds and declares that it is the policy of this state to ensure that the public receives the full benefits of fair competition among contractors and subcontractors in public works and has therefore enacted NRS 338.140 to limit the practice of shopping for bids for the construction, alteration and repair of public improvements.
Sec. 2. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, each bid submitted to any officer, department, board or commission for the construction of any public work or improvement must include:
(a) The name of each subcontractor who will provide labor or a portion of the work or improvement to the contractor for which he will be paid an amount exceeding 5 percent of the prime contractors total bid. Within 2 hours after the completion of the opening of the bids, the general contractors who submitted the three lowest bids must submit a list of the name of each subcontractor who will provide labor or a portion of the work or improvement to the contractor for which he will be paid an amount exceeding 1 percent of the prime contractors total bid or $50,000, whichever is greater, and the number of the license issued to the subcontractor pursuant to chapter 624 of NRS. If a general contractor fails to submit such a list within the required time, his bid shall be deemed not responsive.
(b) A description of the portion of the work or improvement which each subcontractor named in the bid will complete.
2. The contractor shall list in his bid pursuant to subsection 1 the name of a subcontractor for each portion of the project that will be completed by a subcontractor.
3. A contractor whose bid is accepted shall not substitute any person for a subcontractor who is named in the bid, unless:
(a) The awarding authority objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change; or
(b) The substitution is approved by the awarding authority and:
(1) The subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the contractor which was offered to the subcontractor with the same terms that all other subcontractors on the project were offered;
κ1993 Statutes of Nevada, Page 2131 (CHAPTER 514, SB 474)κ
the subcontractor with the same terms that all other subcontractors on the project were offered;
(2) The named subcontractor files for bankruptcy or becomes insolvent; or
(3) The named subcontractor fails or refuses to perform his subcontract within a reasonable time or is unable to furnish a performance bond and payment bond pursuant to NRS 339.025.
Sec. 3. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. Public body means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
3. Public work means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds; [and]
(9) Public convention facilities which are financed at least in part with public funds; and
(10) All other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit which is a part of a project is included in the cost of the project for the purpose of determining whether a project meets this threshold.
(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by the state or federal money.
4. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.
5. Workman means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman.
Sec. 4. NRS 338.143 is hereby amended to read as follows:
338.143 1. Except as otherwise provided in subsection [5,] 6, an agency or political subdivision of the state, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work, shall not:
κ1993 Statutes of Nevada, Page 2132 (CHAPTER 514, SB 474)κ
(a) Commence such a project, for which the estimated cost exceeds $100,000, unless it advertises in a newspaper of general circulation in the state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 6, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
[3.] 4. Any or all bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
[4.] 5. Before an agency or political subdivision of the state may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, who the agency or political subdivision intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the agency or political subdivision intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the agency or political subdivision expects to save by rejecting the bids and performing the project itself.
[5.] 6. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; or
κ1993 Statutes of Nevada, Page 2133 (CHAPTER 514, SB 474)κ
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.
Sec. 5. NRS 338.145 is hereby amended to read as follows:
338.145 1. A public body awarding a contract for a public work shall not award the contract to [any] a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of his license. A subcontractor named by the contractor who is not properly licensed for that portion of the work shall be deemed unacceptable. If the subcontractor is deemed unacceptable, the contractor shall provide an acceptable subcontractor before the award of the contract.
2. If, after awarding the contract, the public body discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed his license, the public body shall reject the bid and may accept the next lowest bid for that public work from a responsive and responsible bidder without requiring that new bids be submitted.
Sec. 6. NRS 338.147 is hereby amended to read as follows:
338.147 1. A public body shall award a contract for a public work to the contractor who submits the best bid.
2. [Except as otherwise provided by subsection 3, for] For the purposes of this section, a contractor who:
(a) Has been found to be a responsible contractor by the public body; and
(b) At the time he submits his bid, provides to the public body proof of the payment of:
(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction of not less than $5,000 for each [of the 5 years] consecutive 12-month period for 60 months immediately preceding the submission of his bid; [or]
(2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business of not less than $5,000 for each [of the 5 years] consecutive 12-month period for 60 months immediately preceding the submission of his bid [.] ; or
(3) Any combination of such sales and use taxes and motor vehicle privilege tax,
shall be deemed to have submitted a better bid than a competing contractor who has not [paid the] provided proof of the payment of those taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. A contractor who has previously provided the public body awarding a contract with the proof of payment required pursuant to subsection 2 may update such proof on or before April 1, July 1, September 1 and December 1 rather than with each bid.
4. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
κ1993 Statutes of Nevada, Page 2134 (CHAPTER 514, SB 474)κ
Sec. 7. Section 5 of Assembly Bill No. 407 of this session is hereby amended to read as follows:
Sec. 5. NRS 338.143 is hereby amended to read as follows:
338.143 Except as otherwise provided in subsection 6 [,] and sections 3 and 4 of this act, an agency or political subdivision of the state, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work, shall not:
(a) Commence such a project, for which the estimated cost exceeds $100,000, unless it advertises in a newspaper of general circulation in the state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 6, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
4. Any or all bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
5. Before an agency or political subdivision of the state may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, who the agency or political subdivision intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the agency or political subdivision intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
κ1993 Statutes of Nevada, Page 2135 (CHAPTER 514, SB 474)κ
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the agency or political subdivision expects to save by rejecting the bids and performing the project itself.
6. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; or
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.
Sec. 8. Section 7 of Assembly Bill No. 407 of this session is hereby amended to read as follows:
Sec. 7. 1. This section and sections 1 to 4, inclusive, and 6 of this act become effective on October 1, 1993.
2. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1993.
3. This act expires by limitation on May 1, 2013.
Sec. 9. Section 3 of chapter 713, Statutes of Nevada 1991, at page 2375, is hereby repealed.
________
Senate Bill No. 473 — Senator ODonnell
CHAPTER 515
AN ACT relating to traffic laws; revising the penalties for failing to stop, give certain information or render aid in the event of certain motor vehicle accidents; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.219 is hereby amended to read as follows:
484.219 1. The driver of any vehicle involved in an accident on a highway or on premises to which the public has access resulting in bodily injury to or the death of any person shall immediately stop his vehicle at the scene of the accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of NRS 484.223.
2. Every such stop must be made without obstructing traffic more than is necessary.
κ1993 Statutes of Nevada, Page 2136 (CHAPTER 515, SB 473)κ
3. Any person failing to comply with the provisions of subsection 1 shall be punished by imprisonment in the state prison for not less than 1 year nor more than [6 years, or] 20 years and by a fine of not less than $2,000 nor more than $5,000 . [, or by both fine and imprisonment.]
________
Senate Bill No. 472 — Senators Glomb, Adler, Brown, Callister, Coffin, Hickey, Jacobsen, James, Neal, Nevin, Raggio, Shaffer, Smith and Titus
CHAPTER 516
AN ACT relating to children; making various changes to statutory provisions relating to the custody and visitation of children; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125.470 is hereby amended to read as follows:
125.470 1. If, during any proceeding brought under this chapter, either before or after the entry of a final order concerning the custody of a minor child, it appears to the court that any minor child of either party has been, or is likely to be, taken or removed out of [the] this state or concealed within [the] this state, the court shall forthwith order such child to be produced before it and make such disposition of the childs custody [, during the pendency of the suit] as appears most advantageous to the child and most likely to secure to him the benefit of the final order or the modification or termination of the final order to be made in his behalf.
2. If, during any proceeding brought under this chapter, either before or after the entry of a final order concerning the custody of a minor child, the court finds that it would be in the best interest of the minor child, the court may enter an order providing that a party may, with the assistance of the appropriate law enforcement agency, obtain physical custody of the child from the party having physical custody of the child. The order must provide that if the party obtains physical custody of the child, the child must be produced before the court as soon as practicable to allow the court to make such disposition of the childs custody as appears most advantageous to the child and most likely to secure to him the benefit of the final order or the modification or termination of the final order to be made in his behalf.
3. If the court enters an order pursuant to subsection 2 providing that a party may obtain physical custody of a child, the court shall order that party to give the party having physical custody of the child notice at least 24 hours before the time at which he intends to obtain physical custody of the child, unless the court deems that requiring the notice would likely defeat the purpose of the order.
4. All [such] orders for a party to appear with a child issued pursuant to this section may be enforced as provided by subsection 2 of NRS 125A.140.
κ1993 Statutes of Nevada, Page 2137 (CHAPTER 516, SB 472)κ
5. A proceeding under this section must be given priority on the court calendar.
Sec. 2. Chapter 125A of NRS is hereby amended by adding thereto a new section to read as follows:
Any order awarding a party a right of visitation of a minor child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved.
Sec. 3. NRS 125A.120 is hereby amended to read as follows:
125A.120 1. [Every] Except as otherwise provided in subsection 4, each party in a custody proceeding in his first pleading or in an affidavit attached to that pleading shall give information under oath as to the childs present address, the places where the child has lived within the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period. In this pleading or affidavit [every] each party shall further declare under oath whether:
(a) He has participated as a party, witness or in any other capacity in any other litigation concerning the custody of the same child in this or any other state;
(b) He has information of any custody proceeding concerning the child pending in a court of this or any other state; and
(c) He knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child.
2. If the declaration as to any of the above items is in the affirmative the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and as to other matters pertinent to the courts jurisdiction and the disposition of the case.
3. Each party has a continuing duty to inform the court of any custody proceeding concerning the child in this or any other state of which he obtained information during this proceeding.
4. The court:
(a) May, upon sworn application submitted with the initial pleading, waive the requirement for disclosure of the past and present addresses of a child if it finds that such a waiver would protect the child or any other person from physical or emotional abuse.
(b) Shall waive such a disclosure if the past or present address is a shelter for victims of domestic violence and their dependent children.
Sec. 4. NRS 125A.200 is hereby amended to read as follows:
125A.200 1. The clerk of each district court shall maintain a registry in which he shall enter the following:
[1.] (a) Certified copies of custody decrees of other states received for filing;
[2.] (b) Communications as to the pendency of custody proceedings in other states;
[3.] (c) Communications concerning a finding of inappropriate or inconvenient forum by a court of another state; and
κ1993 Statutes of Nevada, Page 2138 (CHAPTER 516, SB 472)κ
[4.] (d) Other communications or documents concerning custody proceedings in another state which may affect the jurisdiction of a court of this state or the disposition to be made by it in a custody proceeding.
2. The clerk shall register a foreign decree pursuant to this section by assigning a case number, docket and department to the decree. A certified copy of the filed decree is proof of registration pursuant to this section.
3. The clerk may charge a fee of not more than $25 for registering a foreign decree pursuant to this section.
________
Senate Bill No. 447 — Senators Coffin, Adler, Brown, Callister, Glomb, Jacobsen, James, Lowden, ODonnell, Rawson and Shaffer
CHAPTER 517
AN ACT relating to surveillance; prohibiting under certain circumstances surreptitious electronic surveillance on any property of a public school, on the grounds of a facility owned or leased by this state, or on a campus of the University and Community College System of Nevada; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 393 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, it is unlawful for a person to engage in any kind of surreptitious electronic surveillance on any property of a public school without the knowledge of the person being observed.
2. Subsection 1 does not apply to any electronic surveillance:
(a) Authorized by a court order issued to a public officer, based upon a showing of probable cause to believe that criminal activity is occurring on the property of the public school under surveillance;
(b) By a law enforcement agency pursuant to a criminal investigation;
(c) Which is necessary as part of a system of security used to protect and ensure the safety of persons on the property of the public school; or
(d) Of a class or laboratory when authorized by the teacher of the class or laboratory.
Sec. 2. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, it is unlawful for a person to engage in any kind of surreptitious electronic surveillance on a campus of the system without the knowledge of the person being observed.
2. Subsection 1 does not apply to any electronic surveillance:
(a) Authorized by a court order issued to a public officer, based upon a showing of probable cause to believe that criminal activity is occurring on the property under surveillance;
(b) By a law enforcement agency pursuant to a criminal investigation;
κ1993 Statutes of Nevada, Page 2139 (CHAPTER 517, SB 447)κ
(c) Which is necessary as part of a system of security used to protect and ensure the safety of persons on the campus; or
(d) Of a class or laboratory when authorized by the teacher of the class or laboratory.
Sec. 3. Chapter 331 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, it is unlawful for a person to engage in any kind of surreptitious electronic surveillance on the grounds of any facility owned or leased by the State of Nevada without the knowledge of the person being observed.
2. Subsection 1 does not apply to any electronic surveillance:
(a) Authorized by a court order issued to a public officer, based upon a showing of probable cause to believe that criminal activity is occurring on the property under surveillance;
(b) By a law enforcement agency pursuant to a criminal investigation; or
(c) Which is necessary as part of a system of security used to protect and ensure the safety of persons on the grounds of the facility.
________
Senate Bill No. 434 — Senators Nevin and Glomb
CHAPTER 518
AN ACT relating to residential facilities for groups; providing for the licensing of administrators of residential facilities for groups; requiring the Nevada state board of examiners for nursing facility administrators to license administrators of residential facilities for groups; providing a penalty; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 654 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Administrator of a residential facility for groups means a person who manages, supervises and is in general administrative charge of a residential facility for groups.
Sec. 3. Residential facility for groups has the meaning ascribed to it in NRS 449.017.
Sec. 3.5. Residential facility for groups has the meaning ascribed to it in NRS 449.017. The term does not include a facility funded by the mental hygiene and mental retardation division of the department of human resources.
Sec. 4. Each applicant for licensure as an administrator of a residential facility for groups pursuant to this chapter must:
1. Be at least 21 years of age;
2. Be a citizen of the United States or lawfully entitled to remain and work in the United States;
κ1993 Statutes of Nevada, Page 2140 (CHAPTER 518, SB 434)κ
3. Be of good moral character and physically and emotionally capable of administering a residential facility for groups;
4. Have satisfactorily completed a course of instruction and training prescribed or approved by the board or be qualified by reason of his education, training or experience to administer, supervise and manage a residential facility for groups;
5. Pass an examination conducted and prescribed by the board;
6. Submit with his application:
(a) A complete set of his fingerprints and written permission authorizing the board to forward the fingerprints to the Federal Bureau of Investigation for its report; and
(b) A fee to cover the actual cost of obtaining the report from the Federal Bureau of Investigation; and
7. Comply with such other standards and qualifications as the board prescribes.
Sec. 5. 1. The board may reinstate the license of an administrator of a residential facility for groups that has been suspended by the board if a majority of the members of the board vote in favor of the reinstatement.
2. The board may reinstate the license of an administrator of a residential facility for groups that has been revoked by the board if all of the members of the board vote in favor of reinstatement.
Sec. 6. NRS 654.010 is hereby amended to read as follows:
654.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 654.020 to 654.028, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 7. NRS 654.020 is hereby amended to read as follows:
654.020 Board means the Nevada state board of examiners for [nursing facility administrators.] administrators of facilities for long-term care.
Sec. 8. NRS 654.050 is hereby amended to read as follows:
654.050 The Nevada state board of examiners for [nursing facility administrators,] administrators of facilities for long-term care, consisting of the director of the department of human resources or his designee and [four] six members appointed by the governor, is hereby created within the department of human resources.
Sec. 9. NRS 654.060 is hereby amended to read as follows:
654.060 1. The governor shall appoint:
(a) Two members who are nursing facility administrators.
(b) One member who is an administrator of a residential facility for groups with less than seven clients.
(c) One member who is an administrator of a residential facility for groups with seven or more clients.
(d) One member who is a member of the medical or paramedical professions.
[(c)] (e) One member who is a representative of the general public.
2. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.
κ1993 Statutes of Nevada, Page 2141 (CHAPTER 518, SB 434)κ
Sec. 10. NRS 654.100 is hereby amended to read as follows:
654.100 1. The board shall hold at least one regular [annual] meeting quarterly and may meet at such other times as a meeting may be called by the chairman or a majority of the membership.
2. [Three] Four members of the board constitute a quorum for the transaction of business.
3. Each member of the board is entitled to receive [:
(a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board; and
(b) A] a per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.
4. While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.
Sec. 11. NRS 654.110 is hereby amended to read as follows:
654.110 1. The board shall:
(a) Develop, impose and enforce standards which must be met by persons [in order] to receive licenses as nursing facility administrators [.] or administrators of residential facilities for groups. The standards must be designed to ensure that nursing facility administrators or persons acting as administrators of residential facilities for groups will be persons who are of good character and otherwise suitable, and who, by training or experience in [the field of institutional administration,] their respective fields of administering health care facilities, are qualified to serve as nursing facility administrators. [.] or administrators of residential facilities for groups.
(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether a person meets those standards.
(c) Issue licenses to persons determined, after the application of appropriate techniques, to meet those standards.
(d) Revoke or suspend licenses previously issued by the board in any case [when] if the person holding the license is determined substantially to have failed to conform to the requirements of the standards.
(e) Establish and carry out procedures designed to ensure that persons licensed as nursing facility administrators or administrators of residential facilities for groups will, during any period they serve as such, comply with the requirements of the standards.
(f) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the board to the effect that any person licensed as a nursing facility administrator or an administrator of a residential facility for groups has failed to comply with the requirements of the standards. The board shall initiate an investigation of any charge or complaint filed with the board within 30 days after receiving the charge or complaint.
(g) Conduct a continuing study of [facilities] :
(1) Facilities for skilled nursing, facilities for intermediate care and their administrators ; and
(2) Residential facilities for groups and their administrators, with a view to the improvement of the standards imposed for the licensing of administrators and of procedures and methods for the enforcement of the standards.
κ1993 Statutes of Nevada, Page 2142 (CHAPTER 518, SB 434)κ
with a view to the improvement of the standards imposed for the licensing of administrators and of procedures and methods for the enforcement of the standards.
(h) Conduct or approve, or both, a program of training and instruction designed to enable all persons to obtain the qualifications necessary to meet the standards set by the board for qualification as a nursing facility administrator [.] or an administrator of a residential facility for groups.
2. All the records kept by the board, not otherwise privileged, are public records.
Sec. 11.5. NRS 654.120 is hereby amended to read as follows:
654.120 1. The secretary of the board shall receive and account for all money paid to the board pursuant to this chapter. The secretary of the board shall deposit the money in banks or savings and loan associations in the State of Nevada.
2. Except as otherwise provided in subsection 5, all money received by the board pursuant to this chapter must be used to:
(a) Pay the [salaries and] per diem and travel expenses of the members [and employees] of the board.
(b) Pay the salaries and per diem and travel expenses of the employees of the board.
(c) Administer the provisions of this chapter.
3. Any money which remains at the end of the fiscal year must be retained by the board for future disbursement for the purposes enumerated in subsection 2.
4. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.
5. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 12. NRS 654.130 is hereby amended to read as follows:
654.130 The board shall:
1. Maintain a separate register of all applications for licensure as a nursing facility administrator [showing:] and a separate register of all applications for licensure as an administrator of a residential facility for groups. Each register must include:
(a) The name, age and place of residence of the applicant.
(b) [The] If the register is for:
(1) Nursing facility administrators, the name and address of the facility for skilled nursing or facility for intermediate care of which the applicant is to be administrator.
(2) Administrators of residential facilities for groups, the name and address of each residential facility for groups of which the applicant is to be administrator.
(c) The date of the application.
κ1993 Statutes of Nevada, Page 2143 (CHAPTER 518, SB 434)κ
(d) The date [on which] the application was reviewed and the action taken on the application.
(e) The serial number of the license, if any, issued to the applicant.
(f) Such other information as the board may deem pertinent.
2. Maintain a [current] separate register of all nursing facility administrators and a separate register of all administrators of residential facilities for groups licensed [under] pursuant to this chapter showing the status of each license.
Sec. 13. NRS 654.140 is hereby amended to read as follows:
654.140 1. The board shall prescribe and furnish an application form for the use of all persons who desire to be licensed pursuant to this chapter.
2. All applications filed with the board must be accompanied by the required fee [, the fee is] fixed by the board in an amount not to exceed :
(a) For an administrator of a residential facility for groups, $150.
(b) For a nursing facility administrator, $250.
3. The board may fix and charge an additional fee to cover the cost of administering the examinations if the board determines that there is not sufficient other money to cover such costs.
Sec. 14. NRS 654.150 is hereby amended to read as follows:
654.150 Each applicant for the licensure [under] as a nursing facility administrator pursuant to this chapter must:
1. Be of good moral character and physically and emotionally capable of administering a facility for skilled nursing or facility for intermediate care.
2. Have satisfactorily completed a course of instruction and training prescribed or approved by the board, including the study of:
(a) The needs which are to be properly served by a facility for skilled nursing or facility for intermediate care;
(b) The laws governing the operation of a facility and the protection of the patients interests; and
(c) The elements of good administration of a facility.
In lieu of the specific requirements of this subsection, the applicant may present other evidence satisfactory to the board of sufficient education, training or experience by which he would be qualified to administer, supervise and manage a facility.
3. Pass an examination conducted and prescribed by the board [under] pursuant to the provisions of this chapter.
4. Submit with his application:
(a) A complete set of his fingerprints and written permission authorizing the board to forward the fingerprints to the Federal Bureau of Investigation for its report; and
(b) A fee to cover the actual cost of obtaining the report from the Federal Bureau of Investigation.
5. Meet such other standards and qualifications as the board may from time to time establish.
Sec. 15. NRS 654.170 is hereby amended to read as follows:
654.170 1. The board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 or section 4 of this act and shall affix its official seal to the license.
κ1993 Statutes of Nevada, Page 2144 (CHAPTER 518, SB 434)κ
2. Each license issued by the board pursuant to this chapter expires 2 years after the last day of the calendar month in which it was issued and may be renewed on or before that date biennially.
3. Any licensed nursing facility administrator or administrator of a residential facility for groups may renew his license by applying for renewal in the manner prescribed by the board and paying the renewal fee fixed by the board.
4. The board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the board.
Sec. 16. NRS 654.180 is hereby amended to read as follows:
654.180 The board may issue a license as a nursing facility [administrators license,] administrator or an administrator of a residential facility for groups, without examination, to any applicant who holds [a current license as a nursing facility administrator] the same license from another jurisdiction, if the board finds that the standards for licensure in the other jurisdiction are the substantial equivalent of those prevailing in this state and that the applicant is otherwise qualified.
Sec. 17. NRS 654.190 is hereby amended to read as follows:
654.190 1. The board may, after notice and hearing, impose an administrative fine of not more than $2,500 on and suspend or revoke the license of any nursing facility administrator or administrator of a residential facility for groups who:
(a) Is convicted of a felony, or of any offense involving moral turpitude.
(b) Has obtained his license by the use of fraud or deceit.
(c) Violates any of the provisions of this chapter.
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, as those provisions pertain to a facility for skilled nursing , [or] facility for intermediate care [.] or residential facility for groups.
(e) Violates any regulation of the board prescribing additional standards of conduct for nursing facility administrators [.] or administrators of residential facilities for groups.
2. The board shall give a licensee against whom proceedings are brought [under] pursuant to this section written notice of a hearing not less than 10 days before the date of the hearing.
3. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the board.
Sec. 18. NRS 654.200 is hereby amended to read as follows:
654.200 Any person who acts in the capacity of a nursing facility administrator [and does not have a current valid] or an administrator of a residential facility for groups without a license issued [under] pursuant to the provisions of this chapter is guilty of a misdemeanor.
Sec. 19. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
A residential facility for groups must not be operated except under the supervision of an administrator of a residential facility for groups licensed pursuant to the provisions of chapter 654 of NRS.
κ1993 Statutes of Nevada, Page 2145 (CHAPTER 518, SB 434)κ
Sec. 20. 1. The governor shall make the appointments required by the amendatory provisions of section 9 of this act as soon as practicable after March 1, 1994.
2. The governor shall appoint:
(a) One member whose term expires on October 30, 1995.
(b) One member whose term expires on October 30, 1996.
Sec. 21. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act, change any reference to the Nevada state board of examiners for nursing facility administrators to the Nevada state board of examiners for administrators of facilities for long-term care.
Sec. 22. 1. This section and section 20 of this act become effective on March 1, 1994.
2. Sections 1, 2, 4 to 19, inclusive, and 21 of this act become effective on October 1, 1994.
3. Section 3 of this act becomes effective on October 1, 1994, only if NRS 449.017 is not amended by the 67th session of the Nevada legislature to delete paragraph (d) of subsection 2 of that section.
4. Section 3.5 of this act becomes effective on October 1, 1994, only if NRS 449.017 is amended by the 67th session of the Nevada legislature to delete paragraph (d) of subsection 2 of that section.
________
Senate Bill No. 402 — Senators Titus, Townsend and Coffin
CHAPTER 519
AN ACT relating to animals; imposing restrictions and requirements upon the care and sale of certain animals; providing penalties; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 574 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 29, inclusive, of this act.
Sec. 2. As used in sections 2 to 27, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Ambient temperature means the temperature surrounding an animal.
Sec. 4. Animal includes every living creature that is not a human being.
Sec. 5. Animal shelter means a facility:
1. For receiving and holding animals;
2. Designated by a local government for receiving and holding animals; or
κ1993 Statutes of Nevada, Page 2146 (CHAPTER 519, SB 402)κ
3. Operated by a society for the prevention of cruelty to animals, which is in compliance with the provisions of NRS 574.010 to 574.040, inclusive, for receiving and holding animals.
Sec. 5.5. Cattery means a place where at least 10 cats of not less than 6 months of age are kept, harbored or maintained for:
1. Boarding;
2. Training; or
3. Breeding for sale to a retailer or dealer.
For the purposes of this section, spayed or neutered cats must not be counted when determining the number of cats that are being kept, harbored or maintained.
Sec. 5.7. Dealer means a person who, for compensation or profit, buys, sells, breeds, trades or imports cats or dogs for resale.
Sec. 6. Housing facility means a building, room or other area which contains one or more primary enclosures.
Sec. 7. Kennel means a place where at least 10 dogs of not less than 6 months of age are kept, harbored or maintained for:
1. Boarding;
2. Training; or
3. Breeding for sale to a retailer or dealer.
For the purposes of this section, spayed or neutered dogs, dogs used by or being trained for use by the Armed Forces, police officers, search and rescue teams or other similar organizations, dogs used in farming or ranching, and dogs used by or being trained for use by handicapped persons, including, but not limited to, guide dogs for blind persons and dogs used to assist persons in wheelchairs, must not be counted when determining the number of dogs that are being kept, harbored or maintained.
Sec. 8. Operator means a person responsible for the operation of:
1. A cattery, kennel or commercial establishment engaged in the business of selling animals; or
2. An animal shelter.
Sec. 9. Pet means a domestic cat or dog commonly kept for pleasure.
Sec. 10. Primary enclosure means a structure used to restrict the immediate movement of a dog or cat to a limited amount of space, such as a room, pen, run, cage, compartment or hutch.
Sec. 11. Retailer means a person who acquires pets for resale.
Sec. 12. Veterinarian means a person authorized pursuant to chapter 638 of NRS to practice veterinary medicine in this state.
Sec. 13. The provisions of sections 2 to 27, inclusive, of this act, do not apply to:
1. The exhibition, production, marketing or disposal of any livestock, poultry, fish or other agricultural commodity.
2. Activities for which a license is required by the provisions of chapter 466 of NRS.
3. The housing of domestic cats or dogs kept as pets or cared for, without remuneration other than payment for reasonable expenses relating to the care of the cats or dogs, on behalf of another person in a home environment.
4. The exhibition of dogs or cats.
κ1993 Statutes of Nevada, Page 2147 (CHAPTER 519, SB 402)κ
Sec. 13.5. No member, agent or officer of a society for the prevention of cruelty to animals may enforce the provisions of sections 2 to 27, inclusive, of this act.
Sec. 14. An operator shall ensure that:
1. The buildings and grounds at all locations where dogs or cats are kept:
(a) Are clean and in good repair; and
(b) Do not become accumulated with trash.
2. Housing facilities:
(a) Are constructed and maintained in such a manner as to:
(1) Protect the dogs or cats inside from injury;
(2) Prevent the dogs or cats inside from escaping; and
(3) Restrict the entrance of other dogs and cats.
(b) Have adequate and reliable sources of electrical power and potable water available.
Sec. 15. An operator shall:
1. Provide all dogs and cats with primary enclosures located indoors, except dogs and cats that are acclimated to the outdoor environment.
2. Ensure that the interior of a housing facility for indoor primary enclosures is constructed and maintained in such a manner as to be substantially impervious to moisture and to facilitate regular cleaning.
3. Provide a suitable method to eliminate excessive water from the interior of a housing facility for indoor primary enclosures. Any drains must be constructed and maintained in such a manner as to avoid foul odors. Any closed system for drainage must be equipped with traps that prevent the release of sewage into the housing facility.
4. Ensure that indoor primary enclosures are constructed and maintained in such a manner as to:
(a) Protect the dogs or cats inside from excessive illumination while providing an ample amount of light, by natural or artificial means, or both, of a sufficient distribution and intensity to allow for routine inspection and cleaning.
(b) Provide a sufficient amount of heat when necessary to protect the dogs or cats inside from cold and to maintain their health and comfort. The ambient temperature of an indoor primary enclosure in which one or more cats or dogs are kept must not be allowed to fall below 50 degrees Fahrenheit, unless each cat or dog is acclimated to a lower temperature.
(c) Provide adequate ventilation at all times to maintain the health and comfort of the dogs or cats inside. The system of ventilation must provide fresh air by means of windows, doors, vents or air conditioning, and be designed to maintain drafts, odors and the condensation of moisture at a minimum. If the ambient temperature reaches 85 degrees Fahrenheit or greater, air conditioning, exhaust fans and vents, or other auxiliary ventilation must be provided.
Sec. 16. If dogs or cats are kept outdoors, an operator shall:
1. Provide a suitable method for the rapid drainage of surface water from the area where each dog or cat is kept.
2. Provide each dog or cat with a sufficient amount of shelter to:
(a) Remain dry from rain and snow;
κ1993 Statutes of Nevada, Page 2148 (CHAPTER 519, SB 402)κ
(b) Have enough shade to protect itself from any direct sunlight that is likely to cause overheating or discomfort; and
(c) Remain warm when the atmospheric temperature falls below 50 degrees Fahrenheit. If the ambient temperature falls below the temperature to which a dog or cat is acclimated, the operator shall provide such an additional amount of clean bedding material or other protection as necessary for the dog or cat to remain warm.
3. After considering the ambient temperature, provide each dog or cat with a sufficient amount of food and water necessary to sustain it in a healthy condition at that temperature.
Sec. 17. An operator shall ensure that a primary enclosure is constructed and maintained in such a manner as to:
1. Protect the dogs or cats inside from injury;
2. Prevent the dogs or cats inside from escaping;
3. Keep other dogs or cats out;
4. Allow the dogs or cats inside convenient access to food and water;
5. Enable the dogs or cats inside to remain clean and dry; and
6. Provide sufficient space for each dog or cat inside to turn about freely and to stand, sit and lie in a comfortable, normal position.
Sec. 18. An operator shall ensure that a primary enclosure in which a dog or cat that is at least 6 months old is kept has a minimum amount of floor space which is calculated by finding the mathematical square of the sum of 6 inches plus the length of the dog or cat measured from the tip of its nose to the base of its tail, and dividing that amount by 144, to arrive at the minimum amount of square footage required for the floor space.
Sec. 19. If dogs or cats are kept in primary enclosures, an operator shall ensure that:
1. Dogs placed together with other dogs and cats placed together with other cats are compatible.
2. A dog or cat that displays a vicious disposition is not placed together with any other dog or cat.
3. A female dog or cat is not placed together with any intact male dog or cat during periods of estrus, except for supervised breeding.
4. An immature dog or cat is not placed together with an adult dog or cat, except with its mother or when permanently maintained in a breeding colony.
Sec. 20. An operator shall ensure that:
1. Potable water is offered to each dog or cat at least twice daily for not less than 1 hour on each occasion, unless potable water is accessible to the dog or cat at all times or except as otherwise required to provide adequate care.
2. Each dog or cat is fed at least once each day, except as otherwise required to provide adequate care.
3. The food provided to a dog or cat is wholesome, palatable, free from contamination, and of sufficient quality and nutritive value to meet the normal daily requirements for the dog or cat, based upon its condition and size.
4. Supplies of perishable food are adequately refrigerated.
5. Containers of food are:
(a) Durable, except that disposable receptacles may be used if they are discarded after each feeding; and
κ1993 Statutes of Nevada, Page 2149 (CHAPTER 519, SB 402)κ
(b) Located so as to be accessible to the dogs or cats while reducing to a minimum any contamination from excreta.
6. Containers of food and water are kept clean. Self-feeders must not be used for the feeding of dry food unless they are cleaned regularly to prevent molding, deterioration and the caking of food.
Sec. 21. An operator shall ensure that:
1. Insects, ectoparasites and avian, mammalian and reptilian pests are kept under control.
2. Supplies of food and bedding material are stored in facilities that afford adequate protection from infestation or contamination by vermin.
3. Excreta are removed from primary enclosures at least once daily to prevent contamination and to reduce to a minimum odors and the risk of disease. A primary enclosure must be disinfected at least once daily and before placing another dog or cat in the primary enclosure. If a hosing or flushing method of cleaning is used, all dogs and cats must be removed from the primary enclosure and adequate measures must be taken to protect the dogs and cats in other primary enclosures from being contaminated with water and other wastes.
4. Other enclosures are cleaned, washed and disinfected at least once every 2 weeks to prevent any accumulation of debris or excreta and to reduce to a practical minimum substances and organisms injurious to the health of animals or humans.
5. Pens or runs with hard surfaces, and cages and rooms, are sanitized at least once every 2 weeks by:
(a) Washing them with water of a temperature not less than 120 degrees Fahrenheit and with soap or detergent;
(b) Washing all soiled surfaces with a safe and effective disinfectant; or
(c) Cleaning all soiled surfaces with live steam.
6. Pens or runs with gravel, sand or dirt surfaces are cleaned as often as necessary by removing and replacing the soiled gravel, sand or dirt.
7. Sewage, solid wastes, soiled bedding, dead animals and debris are removed from housing facilities regularly and disposed of properly.
8. Facilities for disposal are maintained in such a manner as to reduce to a minimum odors and the risk of disease or infestation by vermin.
9. Adequate facilities, such as washrooms, basins or sinks, are provided for the cleanliness of persons handling animals.
Sec. 22. An operator shall, with the approval of a veterinarian, establish and maintain a program to control disease and care for the health of dogs and cats. As part of this program, an operator shall ensure that:
1. Each dog and cat is observed daily by the person directly responsible for its care, or by someone else under that persons direct supervision.
2. Blind, lame, injured, ill or diseased dogs and cats are provided with the appropriate veterinary care that is consistent with the purposes for which a dog or cat is being kept or humanely euthanized.
3. Any dogs or cats under quarantine or being treated for a communicable disease are kept separate from other dogs and cats.
Sec. 23. 1. A retailer or dealer shall, after the acquisition of a cat or dog for resale, cause the cat or dog to be examined by a veterinarian. The retailer or dealer shall not sell the cat or dog before it is initially examined by a veterinarian.
κ1993 Statutes of Nevada, Page 2150 (CHAPTER 519, SB 402)κ
or dealer shall not sell the cat or dog before it is initially examined by a veterinarian.
2. A retailer or dealer shall cause a cat or dog acquired for resale to be reexamined by a veterinarian:
(a) Fourteen days after the date of its initial examination; and
(b) Every 30 days thereafter until sold.
3. If a veterinarian conducting an examination pursuant to this section finds that the cat or dog has no illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention, he shall provide a written statement setting forth his findings to the retailer or dealer.
4. A retailer or dealer shall provide to the purchaser of a cat or dog, at the time of sale, written notice of any veterinary treatment or medication received by the cat or dog after it was acquired by the retailer or dealer, including a copy of any statement provided by a veterinarian pursuant to subsection 3. The notice must be signed by the retailer or dealer, dated and include the dates on which the cat or dog was examined and on which the cat or dog received medication or a vaccination.
5. A retailer or dealer shall not knowingly sell a cat or dog if it has an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention.
6. For the purposes of this section, the presence of internal or external parasites does not constitute an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention unless the cat or dog is clinically ill as a result of the parasite.
Sec. 24. A retailer or dealer shall provide the purchaser of a cat, at the time of sale, with a written statement containing:
1. The date the cat was born, if known.
2. The name and address of the person from whom the retailer or dealer obtained the cat and, if the person holds a license issued by the United States Department of Agriculture, the persons federal identification number.
3. A record of any immunizations administered to the cat before the time of sale, including the type of vaccine, date of administration and name and address of the veterinarian who prescribed the vaccine.
4. Notice of any illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention and is apparent at the time of the sale or should have been known from the records of the veterinarian received pursuant to section 23 of this act. The presence of internal or external parasites does not constitute an illness, disease or other condition for which notice must be given pursuant to this subsection unless the cat is clinically ill as a result of the parasite.
Sec. 25. A retailer or dealer shall provide the purchaser of a dog, at the time of sale, with a written statement containing:
1. The date the dog was born, if known.
2. The name and address of the person from whom the retailer or dealer obtained the dog and, if the person holds a license issued by the United States Department of Agriculture, the persons federal identification number.
κ1993 Statutes of Nevada, Page 2151 (CHAPTER 519, SB 402)κ
3. The name and address of the breeder of the dog and, if the breeder holds a license issued by the United States Department of Agriculture, the breeders federal identification number.
4. The registration numbers, if any, of the dogs sire and dam with the appropriate breed registry or any health certification organization such as the Orthopedic Foundation for Animals or its successor organization, if any.
5. A record of any immunizations administered to the dog before the time of sale, including the type of vaccine, date of administration and name and address of the veterinarian who prescribed the vaccine.
6. Notice of any illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention and is apparent at the time of the sale or should have been known from the records of the veterinarian received pursuant to section 23 of this act. The presence of internal or external parasites does not constitute an illness, disease or other condition for which notice must be given pursuant to this subsection unless the dog is clinically ill as a result of the parasite.
Sec. 25.5 A retailer or dealer shall conspicuously post within close proximity to the primary enclosure of a dog or cat offered for sale the following notice in at least 100-point type:
INFORMATION ON THE SOURCE OF THESE DOGS (OR CATS), AND OF VETERINARY TREATMENTS RECEIVED BY THESE DOGS (OR CATS), IS AVAILABLE FOR REVIEW.
Sec. 26. If a person purchases a pet from a retailer or dealer and, within 10 days after the sale, a veterinarian determines that the pet has an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention and that was in existence on the date of the sale, the retailer or dealer shall, at the option of the purchaser, either:
1. Refund the purchase price of the pet if the pet is returned or provide the purchaser with another pet of equal value; or
2. Reimburse the purchaser, in an amount not to exceed the purchase price of the pet, for expenses incurred by the purchaser in obtaining a diagnosis and treatment for the pet from a veterinarian chosen by the retailer or dealer.
Sec. 26.5 A retailer, dealer or operator shall not separate a dog or cat from its mother until it is accustomed to taking food or nourishment other than by nursing.
Sec. 27. 1. A retailer or dealer who sells a dog or cat that he knows has any illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention and fails to disclose such information at the time of sale is guilty of a misdemeanor. In addition to any other penalty that may be imposed, the court may prohibit a person convicted of a violation of this section from selling any dogs or cats for not more than 1 year.
2. For the purposes of this section, the presence of internal or external parasites does not constitute an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention unless the dog or cat is clinically ill as a result of the parasite.
Secs. 28-30. (Deleted by amendment.)
κ1993 Statutes of Nevada, Page 2152 (CHAPTER 519, SB 402)κ
Sec. 30.5. NRS 574.040 is hereby amended to read as follows:
574.040 1. [All] Except as otherwise provided in section 13.5 of this act, all members, agents and all local and district officers of each of the societies so incorporating, as shall by the trustees of the societies be [duly] authorized in writing, approved by the district judge of the county, and sworn in the same manner as peace officers are sworn, may make arrests for the violation of the provisions of this chapter in the same manner as is provided for other officers.
2. All such members shall, when making such arrests, exhibit and expose a suitable badge, to be adopted by the society.
3. All persons resisting such specially appointed officers, as such, shall be punished for [such] that resistance in the same manner as is provided for the punishment of resistance to other officers.
Sec. 31. NRS 574.200 is hereby amended to read as follows:
574.200 [Nothing contained in] The provisions of NRS 574.050 to 574.190, inclusive, [is intended to:] and sections 2 to 27, inclusive, of this act, do not:
1. Interfere with any of the fish and game laws contained in Title 45 of NRS or any laws for the destruction of certain birds.
2. Interfere with the right to destroy any venomous reptiles or animals, or any animal known as dangerous to life, limb or property.
3. Interfere with the right to kill all animals and fowl used for food.
4. Prohibit or interfere with any properly conducted scientific experiments or investigations [, which experiments shall be performed only] which are performed under the authority of the faculty of some regularly incorporated medical college or university of this state.
5. Interfere with any scientific or physiological experiments conducted or prosecuted for the advancement of science or medicine.
6. Prohibit or interfere with established methods of animal husbandry, including the raising, handling, feeding, housing and transporting of livestock or farm animals.
Secs. 32 and 33. (Deleted by amendment.)
Sec. 34. This act becomes effective on January 1, 1994.
________
κ1993 Statutes of Nevada, Page 2153κ
Senate Bill No. 399 — Committee on Commerce and Labor
CHAPTER 520
AN ACT relating to pharmacy; defining and providing for the regulation of supportive personnel; requiring certain counseling of patients; deleting certain provisions concerning hospital pharmaceutical technicians; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Supportive personnel means persons who perform technical services in a pharmacy that do not require the judgment of a pharmacist but which are related to the preparation and distribution of drugs under the direct supervision of the pharmacist who is responsible for all of the work performed in the pharmacy.
Sec. 3. 1. Supportive personnel shall register biennially with the board and pay the required fee for registration.
2. The ratio of supportive personnel to pharmacists must not allow more than one supportive personnel to each pharmacist unless the board by regulation expands the ratio.
3. The board shall adopt regulations concerning supportive personnel, including requirements for:
(a) The qualifications, registration and supervision of supportive personnel; and
(b) Services which may be performed by supportive personnel,
to ensure the protection and safety of the public in the provision of pharmaceutical care.
4. The regulations adopted by the board pursuant to this section which prescribe:
(a) The qualifications for supportive personnel must include:
(1) At least 1 year of education at a postsecondary school which is directly related to the duties performed by supportive personnel;
(2) The successful completion of a program for supportive personnel which is approved by the board;
(3) The completion of at least 1,500 hours of experience in carrying out the duties of supportive personnel; or
(4) Any other experience or education deemed equivalent by the board.
(b) An expanded ratio of supportive personnel to pharmacists must not allow more than two supportive personnel for each pharmacist in a particular category of pharmacy at any time.
(c) The services which may be performed by supportive personnel must include, without limitation, the:
(1) Removal of drugs from stock;
(2) Counting, pouring or mixing of drugs;
(3) Placing of drugs in containers;
(4) Affixing of labels to containers; and
κ1993 Statutes of Nevada, Page 2154 (CHAPTER 520, SB 399)κ
(5) Packaging and repackaging of drugs.
5. For the purposes of this chapter, and chapters 453 and 454 of NRS, supportive personnel may perform acts required to be performed by pharmacists but only to the extent provided in regulations.
Sec. 4. 1. Upon receipt of a prescription and after review of the patients record, a pharmacist shall communicate matters which will enhance therapy through drugs with the patient or a person caring for him. The communication must include appropriate elements of counseling for the patient, as established in regulations adopted by the board. The communication must be in person if practicable, or by telephone or in writing if the patient or the person caring for him is not present at the pharmacy.
2. Additional information may be used to supplement counseling when appropriate, including leaflets, pictogram labels, video programs and other such information.
3. Counseling is not required for inpatients of a hospital or a licensed health care facility where administration of drugs is provided.
Sec. 5. NRS 639.001 is hereby amended to read as follows:
639.001 As used in this chapter, the words and terms defined in NRS 639.0015 to 639.016, inclusive, [and] section 2 of [this act] Senate Bill No. 246 of this session and section 2 of this act have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.
Sec. 6. NRS 639.170 is hereby amended to read as follows:
639.170 1. The board shall charge and collect not more than the following fees for the following services:
Actual cost
For the examination of an applicant for registration as a of the
pharmacist .......................................................................... examination
For the investigation or registration of an applicant as a registered pharmacist .......................................................................... $200
For the investigation, examination or registration of an applicant as a registered pharmacist by reciprocity................................ 300
For the investigation or issuance of an original license to conduct a retail pharmacy ............................................................................ 600
For the biennial renewal of a license to conduct a retail pharmacy ................................................................................................ 500
For the investigation or issuance of an original license to conduct an institutional pharmacy ...................................................... 600
For the biennial renewal of a license to conduct an institutional pharmacy ................................................................................................ 500
For the issuance of an original or duplicate certificate of registration as a registered pharmacist ........................................................ 50
For the biennial renewal of registration as a registered pharmacist ................................................................................................ 200
For the reinstatement of a lapsed registration (in addition to the fees for renewal of the period of lapse) ........................................ 100
For the initial registration of [a hospital pharmaceutical technician] supportive personnel ........................................................ 50 For the biennial renewal of registration of [a hospital pharmaceutical technician] supportive personnel ........................................................................ 50
κ1993 Statutes of Nevada, Page 2155 (CHAPTER 520, SB 399)κ
For the biennial renewal of registration of [a hospital pharmaceutical technician] supportive personnel ................................... 50
For the investigation or registration of an intern pharmacist ................................................................................................ 50
For the biennial renewal of registration as an intern pharmacist ................................................................................................ 40
For investigation or issuance of an original license to a manufacturer or wholesaler ............................................................................ 500
For the biennial renewal of a license for a manufacturer or wholesaler ................................................................................................ 400
For the reissuance of a license issued to a pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon .................. 100
For the biennial renewal of registration issued to a registered pharmacist placed on inactive status .................................................. 100
For authorization of a practitioner to dispense controlled substances or dangerous drugs, or both .................................................. 300
For the biennial renewal of authorization of a practitioner to dispense controlled substances or dangerous drugs, or both ...... 300
2. If a person requests a special service from the board or requests the board to convene a special meeting, he must pay the actual costs to the board as a condition precedent to the rendition of the special service or the convening of the special meeting.
3. All fees are payable in advance and are not refundable.
4. The board may, by regulation, set the penalty for failure to pay the fee for renewal for any license, permit, authorization or certificate within the statutory period, at an amount not to exceed 100 percent of the fee for renewal for each year of delinquency in addition to the fees for renewal for each year of delinquency.
Sec. 7. NRS 639.0075 and 639.2325 are hereby repealed.
Sec. 8. Sections 5 and 6 of this act become effective at 12:01 a.m. on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 2156κ
Senate Bill No. 265 — Committee on Finance
CHAPTER 521
AN ACT relating to the program for the education of handicapped persons; changing the statutory designation of pupils with disabilities; repealing the prospective expiration of certain amendments to the program; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.1221 is hereby amended to read as follows:
387.1221 1. The basic support guarantee for any special education program unit maintained and operated during a period of less than 9 school months is in the same proportion to the amount established by law for that school year as the period during which [such] the program unit actually was maintained and operated is to 9 school months.
2. Any unused allocations for special education program units may be reallocated to other school districts by the superintendent of public instruction. In such a reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated by school districts whose allocation is less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for [such] the remaining programs must be prorated. If there are more unused allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority must be prorated.
3. A school district may, after receiving the approval of the superintendent of public instruction, contract with any person, state agency or legal entity to provide a special education program unit for [handicapped] pupils of the district [.] pursuant to NRS 388.400 to 388.520, inclusive.
Sec. 2. NRS 387.123 is hereby amended to read as follows:
387.123 1. The count of pupils for apportionment purposes includes all those who are enrolled in programs of instruction of the school district for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) [Handicapped minors] Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.
(d) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
(e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
κ1993 Statutes of Nevada, Page 2157 (CHAPTER 521, SB 265)κ
2. The state board of education shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
3. Except as otherwise provided in NRS 388.700, the state board of education shall establish by regulation the maximum pupil-teach ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:
(a) The maintenance of any acceptable standard of instruction;
(b) The conditions prevailing in [such] the school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending [such] those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.
Sec. 3. NRS 387.1233 is hereby amended to read as follows:
387.1233 1. Each as otherwise provided in subsection 2, basic support of each school district must be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.
(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.
(3) The count of [handicapped minors] pupils not included under subparagraph (1) or (2) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year, excluding the count of [handicapped minors] pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.
(4) Six-tenths the count of [handicapped minors] pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school year.
κ1993 Statutes of Nevada, Page 2158 (CHAPTER 521, SB 265)κ
(5) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.
(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.
(c) Adding the amounts computed in paragraphs (a) and (b).
2. If the sum of the counts prescribed in paragraph (a) of subsection 1 is less than the sum similarly obtained for the immediately preceding school year, the larger sum must be used in computing basic support.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
4. Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department of education.
5. Part-time pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department.
Sec. 4. NRS 387.303 is hereby amended to read as follows:
387.303 1. Not later than November 15 of each year, [each] the board of trustees of [a] each 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.
κ1993 Statutes of Nevada, Page 2159 (CHAPTER 521, SB 265)κ
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.
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.
Sec. 5. NRS 388.440 is hereby amended to read as follows:
388.440 As used in NRS 388.440 to 388.520, inclusive [, handicapped minor means any] :
1. Gifted and talented pupil means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.
2. Pupil with a disability means a person under the age of [18] 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns [, or demonstrates such outstanding academic skills or talents,] that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.
Sec. 6. NRS 388.450 is hereby amended to read as follows:
388.450 1. The legislature declares that the basic support guarantee for each special education program unit established by law for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to handicapped minors residing in Nevada.
2. Subject to the provisions of NRS 388.440 to 388.520, inclusive, the board of trustees of [a] each school district shall make such special provisions as may be necessary for the education of [handicapped minors.] pupils with disabilities and gifted and talented pupils.
3. The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.440 to 388.520, inclusive. The criteria are subject to such standards as may be prescribed by the state board of education.
Sec. 7. NRS 388.460 is hereby amended to read as follows:
388.460 [No minor shall] A pupil must not be required to take advantage of the special provisions for the education of [handicapped minors] pupils with disabilities or gifted and talented pupils if the parent or guardian of the [minor] pupil files a statement with the board of trustees of the school district showing that the [minor] pupil is receiving adequate educational advantages.
Sec. 8. NRS 388.470 is hereby amended to read as follows:
388.470 1. Before any child is placed in a special program for [handicapped children:] pupils with disabilities or gifted and talented pupils:
(a) A consultation must be held with his parents or guardian.
(b) An examination must be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns. The examination must be conducted in accordance with standards prescribed by the state board of education.
κ1993 Statutes of Nevada, Page 2160 (CHAPTER 521, SB 265)κ
2. A psychiatrist may be consulted in any specific case when the board of trustees of a school district deems it necessary.
Sec. 9. NRS 388.490 is hereby amended to read as follows:
388.490 1. Except as otherwise provided [in subsection 2 and] in NRS 388.460, eligible [handicapped minors] pupils with disabilities must be admitted at the age of 3 years to special programs established for such [minors,] pupils, and their enrollment or attendance may be counted for the purpose of apportionment.
2. Gifted and talented [minors] pupils may be admitted at the age of 4 years to special programs established for such [minors,] pupils, and their enrollment or attendance may be counted for apportionment purposes.
Sec. 10. NRS 388.500 is hereby amended to read as follows:
388.500 1. [Handicapped minors] Pupils with disabilities or gifted and talented pupils, or both, may be instructed in special ungraded schools or within special programs established for the instruction of [handicapped minors.] such pupils.
2. Boards of trustees of school districts may:
(a) Purchase sites and erect buildings for [such] those purposes in the same manner as other school sites or school buildings may be purchased and erected.
(b) Rent suitable property at an economical rental for special or ungraded rooms.
(c) Accept gifts or donations of sites and buildings for [such] those purposes.
Sec. 11. NRS 388.520 is hereby amended to read as follows:
388.520 1. The state board of education shall prescribe minimum standards for the special education of [handicapped minors.] pupils with disabilities and gifted and talented pupils.
2. Prescribed minimum standards must include standards for programs of instruction or special services maintained for the purpose of serving [minors who:
(a) Are aurally handicapped.
(b) Are visually handicapped.
(c) Are physically handicapped.
(d) Have speech handicaps.
(e) Are mentally handicapped.
(f) Have multiple handicaps.
(g) Are seriously emotionally handicapped.
(h) Are gifted and talented.
(i) Have learning disabilities.] pupils with:
(a) Hearing impairments, including, but not limited to, deafness.
(b) Visual impairments, including, but not limited to, blindness.
(c) Orthopedic impairments.
(d) Speech and language impairments.
(e) Mental retardation.
(f) Multiple impairments.
(g) Serious emotional disturbances.
(h) Other health impairments.
(i) Specific learning disabilities.
κ1993 Statutes of Nevada, Page 2161 (CHAPTER 521, SB 265)κ
(j) Autism.
(k) Traumatic brain injuries.
(l) Developmental delays.
(m) Gifted and talented abilities.
3. No apportionment of state [funds] money may be made to any school district for the instruction of [handicapped minors] pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such [handicapped minors] pupils is approved by the superintendent of public instruction as meeting the prescribed minimum standards.
Sec. 12. NRS 392.300 is hereby amended to read as follows:
392.300 1. As provided in this Title, the board of trustees of any school district may furnish transportation for all resident children of school age in the school district attending a public school, including pupils assigned to special schools or programs [for handicapped minors:] pursuant to NRS 388.440 to 388.520, inclusive:
(a) Who are not excused from school attendance by the provisions of this Title; and
(b) Who reside within the school district at such a distance from the school as to make transportation necessary and desirable.
2. When the board of trustees of a school district whose population is less than 100,000 furnishes transportation for pupils attending public schools pursuant to subsection 1, the board may also provide transportation for all resident children of school age in the school district attending private schools not operated for profit, over bus routes established for pupils attending public schools. If such transportation is provided, the pupils attending such private schools must be transported, if space is available, to and from the points on the established routes nearest to the schools which they attend.
3. The board of trustees of any school district may:
(a) Establish bus routes.
(b) Make regulations governing the conduct of pupils while being transported.
(c) For the safety of pupils being transported, govern the conduct of drivers by making and enforcing regulations not inconsistent with regulations of the state board of education or with law.
Sec. 13. NRS 392.466 is hereby amended to read as follows:
392.466 1. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or sells or distributes any controlled substance, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, he must be permanently expelled from that school, but he may be required to attend another kind of school.
2. Except as otherwise provided in this section, any pupil who is found in possession of a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from the school, although he may be placed in another kind of school for a period not to exceed the equivalent of one semester for that school.
κ1993 Statutes of Nevada, Page 2162 (CHAPTER 521, SB 265)κ
equivalent of one semester for that school. For a second occurrence, he must be permanently expelled from the school, but he may be required to attend another kind of school.
3. Subsection 2 does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
4. Any pupil in grades 1 to 6, inclusive, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
5. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsections 1 and 2.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the [Education of the Handicapped Act] Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.).
6. As used in this section:
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) Dangerous weapon includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, explosive substance or device, dirk, dagger, pistol, revolver or other firearm, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350.
Sec. 14. NRS 392.467 is hereby amended to read as follows:
392.467 1. Except as otherwise provided in subsections 4 and 5, the board of trustees of a school district may authorize the suspension or expulsion of any pupil from any public school within the school district.
2. Except as otherwise provided in subsection 5, no pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his removal, and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion.
3. The provisions of chapter 241 of NRS do not apply to any hearing conducted [under] pursuant to this section. Such hearings must be closed to the public.
κ1993 Statutes of Nevada, Page 2163 (CHAPTER 521, SB 265)κ
4. The board of trustees of a school district shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.
5. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the [Education of the Handicapped Act] Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.).
Sec. 15. NRS 395.004 is hereby amended to read as follows:
395.004 Care means room, board and transportation which the superintendent of public instruction determines to be necessary for a [handicapped] person with a disability while he is being educated pursuant to this chapter.
Sec. 16. NRS 395.0065 is hereby amended to read as follows:
395.0065 Related services means room, board, transportation and such developmental, corrective and other supportive services, as may be required pursuant to minimum standards prescribed by the state board of education, to assist a [handicapped] person with a disability to benefit from a special education program.
Sec. 17. NRS 395.008 is hereby amended to read as follows:
395.008 Special education program means a program which provides instruction specially designed in accordance with minimum standards prescribed by the state board of education to meet the unique needs of [handicapped persons.] persons with disabilities.
Sec. 18. NRS 395.010 is hereby amended to read as follows:
395.010 1. The department of human resources shall, with the approval and under the supervision of the superintendent of public instruction, provide a special education program and related services to any [handicapped] person with a disability who is suffering from an emotional illness, a traumatic brain injury or autism and who is otherwise eligible for such benefits pursuant to this chapter. The superintendent of public instruction shall provide a special education program and related services to all other [handicapped] persons with disabilities who are eligible for such benefits pursuant to this chapter.
2. The director and the superintendent of public instruction may carry out the duties required by subsection 1 by:
(a) Making arrangements with the governing body of any institution for [the handicapped] persons with disabilities in any state having any such institution.
(b) Placing the [handicapped] person with a disability in a foster home or other residential facility, located in or outside of the school district in which the [handicapped] person with a disability resides, that can provide an appropriate special education program and related services for his particular [handicap.] disability.
κ1993 Statutes of Nevada, Page 2164 (CHAPTER 521, SB 265)κ
(c) Making arrangements, if money from the Federal Government is available to cover the entire cost, for the unique special education and related services required to return students to this state who have been placed in an institution outside of the state pursuant to this chapter.
3. The director and the superintendent of public instruction may make all necessary contracts, in accordance with any regulations the state board of examiners may prescribe, to carry out the provisions of this section.
Sec. 19. NRS 395.020 is hereby amended to read as follows:
395.020 A [handicapped] person with a disability is eligible to receive the benefits provided pursuant to this chapter if:
1. He is a resident of the State of Nevada;
2. He is under 22 years of age, except that where the enrollment period for the school year is before his 22nd birthday, he remains eligible to complete that school year irrespective of his age;
3. The department of education has prescribed minimum standards for the provision of a special education program and related services to persons with such a [handicap;] disability; and
4. His school district:
(a) Has prepared an appropriate plan for the individualized education of the [handicapped person;] person with a disability; and
(b) Is unable to provide an appropriate special education program and related services for his particular [handicap] disability and grade or level of education.
Sec. 20. NRS 395.030 is hereby amended to read as follows:
395.030 1. An adult [handicapped] person with a disability who is eligible to receive benefits pursuant to this chapter or a parent, guardian or other person having the care, custody or control of a [handicapped] person with a disability who is eligible may file an application for those benefits with the board of trustees of the school district in which the [handicapped] person with a disability is a resident.
2. If the board of trustees is satisfied that the school district is unable to provide an appropriate special education program and related services for the particular [handicap] disability and grade or level of education of the [handicapped person,] person with a disability, the board shall certify that fact and transmit the application to the superintendent of public instruction.
Sec. 21. NRS 395.040 is hereby amended to read as follows:
395.040 1. Upon receipt and review of an application for benefits, the superintendent of public instruction may cause a medical, psychological or educational examination of the [handicapped] person with a disability to be conducted at state expense to determine the nature and extent of the [handicap.] disability.
2. If the superintendent of public instruction determines that the school district:
(a) Has prepared an appropriate plan for the individualized education of the [handicapped person;] person with a disability; and
(b) Is unable to provide an appropriate special education program and related services for the particular [handicap] disability and grade or level of education of the [handicapped person,] person with a disability, he shall make the arrangements for the provision of a special education program and related services or, if the [handicapped] person with a disability is suffering from an emotional illness, a traumatic brain injury or autism, refer the [handicapped] person with a disability to the director to make such arrangements.
κ1993 Statutes of Nevada, Page 2165 (CHAPTER 521, SB 265)κ
he shall make the arrangements for the provision of a special education program and related services or, if the [handicapped] person with a disability is suffering from an emotional illness, a traumatic brain injury or autism, refer the [handicapped] person with a disability to the director to make such arrangements.
3. The superintendent of public instruction has final authority regarding the provision of a special education program and related services to any [handicapped person.] person with a disability.
Sec. 22. NRS 395.050 is hereby amended to read as follows:
395.050 1. When arrangements for the provision of a special education program and related services to a [handicapped] person with a disability have been completed by the superintendent of public instruction or the department of human resources, the superintendent or the director shall advise the board of trustees of the school district to make provision, at the expense of the school district, for transporting the [handicapped] person with a disability to a place designated by the superintendent or the director. The superintendent or the department of human resources shall make necessary arrangements for transporting the [handicapped] person with a disability from the designated place to the institution, foster home or other residential facility and return to the designated place at the expense of the state.
2. The provision of a special education program and related services to a [handicapped] person with a disability pursuant to this chapter must be paid by the state without any charge to the [handicapped] person with a disability or to a parent, guardian or other person having the care, custody or control of the [handicapped person.] person with a disability.
Sec. 23. NRS 396.530 is hereby amended to read as follows:
396.530 The board of regents shall not discriminate in the admission of students on account of national origin, religion, age, physical [handicap,] disability, sex, race or color.
Sec. 24. Section 49 of chapter 643, Statutes of Nevada 1991, at page 2143, is hereby repealed.
Sec. 25. This act becomes effective on June 30, 1993.
Sec. 26. In preparing the reprint of the Nevada Revised Statutes, the legislative counsel shall change any reference to handicapped minor that relates to or is contained in chapter 388 of NRS to pupil with a disability in any section which is not amended by this act or is further amended by another act.
________
κ1993 Statutes of Nevada, Page 2166κ
Senate Bill No. 262 — Senator Coffin
CHAPTER 522
AN ACT relating to the licensing of motor vehicles; reducing the additional fee charged for a special license plate issued to the holder of a license for an amateur radio station; reducing and allowing a waiver of the annual renewal fee for such a license plate; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.375 is hereby amended to read as follows:
482.375 1. An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of that license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of [$35,] $25, must be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law must be inscribed the words RADIO AMATEUR and the official amateur radio call letters of the applicant as assigned by the Federal Communications Commission. The annual fee for a renewal sticker is [$20.] $15 unless waived by the department pursuant to subsection 2. The plate or plates may be used only on a private passenger car, trailer or travel trailer or on a noncommercial truck.
2. The department may waive the annual fee for a renewal sticker if the applicant for renewal:
(a) Submits with his application for renewal a statement under penalty of perjury that he will assist in communications during local, state and federal emergencies; and
(b) Satisfies any other requirements established by the department by regulation for such a waiver.
3. The cost of die and modifications necessary for the issuance of a license plate pursuant to this section must be paid from private sources without any expense to the State of Nevada.
[3.] 4. The department may adopt regulations [to] :
(a) To ensure compliance with all state license laws relating to the use and operation of a motor vehicle before issuance of the plates in lieu of the regular Nevada license plate or plates . [, and all]
(b) Setting forth the requirements and procedure for obtaining a waiver of the annual fee for a renewal sticker.
5. All applications for the plates authorized by this section must be made to the department.
________
κ1993 Statutes of Nevada, Page 2167κ
Senate Bill No. 250 — Committee on Government Affairs
CHAPTER 523
AN ACT relating to elections; prohibiting certain methods of compensating a person who registers persons to vote; providing procedures for voting early in counties; requiring the county clerk to register a person at his home if he requires such assistance; requiring a person who engages in the business of receiving and distributing mail for customers to provide the county clerk with the address of the business; prohibiting the alteration or defacing of a signature on certain petitions; prohibiting a person from fraudulently requesting an absent ballot or inducing or coercing another person to make such a request; prohibiting under certain circumstances the return of an absent ballot by another person; prohibiting certain acts concerning the registration of voters; prohibiting a person from forging a signature on a petition or threatening or coercing another person to forge or sign a petition; increasing the penalty for certain violations; making various other changes to the provisions governing elections; providing penalties; and providing other matters properly relating thereto.
[Approved July 12, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.
Sec. 2. Deputy clerk means a deputy clerk for early voting who is appointed pursuant to section 20.3 of this act to serve as the election officer in charge of the polling place for early voting.
Sec. 3. State officer means:
1. The governor;
2. The lieutenant governor;
3. The secretary of state;
4. The state treasurer;
5. The state controller;
6. The attorney general;
7. A justice of the supreme court;
8. A state senator;
9. A state assemblyman;
10. A regent of the University of Nevada;
11. A member of the state board of education; or
12. A district judge.
Sec. 4. 1. It is unlawful for a person to provide compensation for registering voters that is based upon:
(a) The total number of voters a person registers; or
(b) The total number of voters a person registers in a particular political party.
2. A person who violates any provision of this section is guilty of a felony.
Secs. 5-10. (Deleted by amendment.)
Sec. 11. 1. At the time an elector registers to vote he must indicate:
(a) His political party affiliation; or
(b) That he is not affiliated with a political party.
κ1993 Statutes of Nevada, Page 2168 (CHAPTER 523, SB 250)κ
2. If an elector indicates that he is not affiliated with a political party, the county clerk or deputy registrar of voters shall list the electors political party as nonpartisan.
3. If an elector indicates an affiliation with a major political party or a minor political party that has filed a certificate of existence with the secretary of state, the county clerk or deputy registrar of voters shall list the electors political party as indicated by the elector.
4. If an elector indicates an affiliation with a minor political party that has not filed a certificate of existence with the secretary of state, the county clerk or deputy registrar of voters shall:
(a) List the electors political party as the party indicated in the affidavit of registration.
(b) When compiling data related to voter registration for the county, report the electors political party as other party.
Sec. 12. A ballot prepared for use in an election in this state must be dated and marked in such a manner as to indicate clearly at which election the ballot will be used. If a ballot includes a detachable stub, both the ballot and the stub must include the date of the election.
Sec. 13. The secretary of state shall:
1. Prescribe the color of ballots for each election in this state not later than February 1 of the year in which the election is to be held; and
2. Alternate the color of ballots each year in such a manner as to ensure that no color is used for ballots more than once during any 4-year period.
Sec. 14. No political subdivision of this state may create, divide, change the boundaries of, abolish or consolidate an election district during any year in which a general election is held. This section does not prohibit a political subdivision from annexing territory in a year in which a general election is held.
Sec. 15. In any county where registrations are performed and records are kept by computer, a facsimile of a voters signature that is created by a computer may be used if a verification or comparison of the signature is required by any provision of this Title.
Sec. 16. 1. An elector who:
(a) Complies with the requirements for registration set forth in the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973;
(b) Is discharged from the Armed Forces of the United States not more than 60 days before an election;
(c) Presents evidence of his discharge to the county clerk; and
(d) Is not registered to vote at the close of registration for that election,
must be allowed to register to vote in the election.
2. Such an elector must:
(a) Register in person; and
(b) Vote in the office of the county clerk unless he is otherwise entitled to vote an absent ballot pursuant to federal law.
3. The secretary of state shall adopt regulations to carry out a program of registration for such electors.
Sec. 17. If a special election is held pursuant to the provisions of this Title, the secretary of state shall prescribe the time during which a candidate must file a declaration or acceptance of candidacy.
κ1993 Statutes of Nevada, Page 2169 (CHAPTER 523, SB 250)κ
Sec. 18. A person who does not maintain a residence in this state may register to vote for the office of President and Vice President of the United States if he files a sworn statement with the county clerk or deputy registrar of voters that he is not registered to vote in any other state and provides evidence:
1. Of his domicile in this state in accordance with the provisions of NRS 41.191;
2. That he maintains an account at a financial institution located in this state; or
3. That his motor vehicle is registered in this state.
Sec. 19. If an election board register is kept by computer, the register must include all the information contained in the original affidavits of registration.
Sec. 20. 1. If a request is made to vote early by a registered voter in person, the county clerk shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of the clerks office and returned to the clerk. The clerk shall follow the same procedure as in the case of absent ballots received by mail.
2. From the third Saturday preceding an election through the Friday before the election, Sundays excepted, each county clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued ballots for early voting in accordance with this section.
Sec. 20.1. 1. The county clerk may establish permanent polling places for early voting by personal appearance at locations designated by him throughout the county. Except as otherwise provided in subsection 2, any person entitled to vote early by personal appearance may do so at any polling place for early voting.
2. If it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county, he may:
(a) Provide appropriate forms of ballots for all offices within a county commissioner election district; and
(b) Limit voting at that polling place to registered voters in that district.
Sec. 20.15. 1. The period for early voting by personal appearance begins on the third Saturday preceding a primary or general election and extends through the Friday before election day, Sundays excepted.
2. A permanent polling place for early voting must remain open;
(a) On Monday through Friday:
(1) During the first week of early voting, from 8 a.m. until 6 p.m.
(2) During the second week of early voting, from 8.a.m. until 8 p.m.
(b) On any Saturday that falls within the period for early voting, from 10 a.m. until 6 p.m.
Sec. 20.2. 1. In addition to permanent polling places for early voting, the county clerk may establish temporary branch polling places for early voting.
2. The provisions of subsection 2 of section 20.15 of this act do not apply to a temporary polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county clerk.
κ1993 Statutes of Nevada, Page 2170 (CHAPTER 523, SB 250)κ
3. The schedules for conducting voting are not required to be uniform among the temporary branch polling places.
Sec. 20.25. 1. The county clerk shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation a schedule stating:
(a) The location of each permanent and temporary polling place for each voting and the election precincts served by each location.
(b) The dates and hours that early voting will be conducted at each location.
2. A copy of the schedule must also be posted on the bulletin board used for posting notice of meetings of the board of county commissioners. The schedule must be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period.
3. The county clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.
4. No additional polling places for early voting may be established after the schedule is published pursuant to this section.
Sec. 20.3. 1. The county clerk shall appoint for each polling place for early voting a deputy clerk for early voting who must serve as the election officer in charge of the polling place.
2. The county clerk may also appoint as many additional deputy clerks as he deems necessary for the proper conduct of the election.
Sec. 20.35. 1. Upon the appearance of a person to cast a ballot for early voting, the deputy clerk for early voting shall:
(a) Determine that the person is a registered voter in the county;
(b) Instruct the voter to sign the roster for early voting; and
(c) Verify the signature of the voter against that contained on the original affidavit of registration, or the card issued to the voter at the time of registration, or other piece of official identification.
2. The county clerk shall prescribe a procedure, approved by the secretary of state, to determine that the voter has not already voted pursuant to this section.
3. The roster for early voting must contain:
(a) The voters name, the address where he is registered to vote, his voter identification number and a place for the voters signature;
(b) The voters precinct number; and
(c) The date of voting early in person.
4. When a voter is found to be entitled to cast his ballot and has identified himself to the satisfaction of the deputy clerk for early voting, he is entitled to receive the appropriate ballot or ballots, but only for his own use at the polling place for early voting.
5. The deputy clerk for early voting shall:
(a) Mark the voters precinct on the bottom left-hand side of the card and the form of ballot on the bottom right-hand side of the card;
(b) Direct the voter to the appropriate voting machine for his form of ballot; and
(c) Allow the voter to place his voted ballot in the ballot box.
κ1993 Statutes of Nevada, Page 2171 (CHAPTER 523, SB 250)κ
6. A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.
Sec. 20.4. 1. The ballot box for early voting in which voted ballots are deposited must have two locks, each with a different key and must be designed and constructed so that the box can be sealed to detect any unauthorized opening of the box and that the ballot slot can be sealed to prevent any unauthorized deposit in the box. The seals for the boxes must be serially numbered for each election.
2. During the period for early voting by personal appearance, the county clerk shall keep the key to one of the locks to the ballot box for early voting and a designated custodian, not under the authority of the county clerk, shall keep the key to the second lock.
3. Each custodian shall retain possession of the key entrusted to him until it is delivered to the ballot board for early voting.
Sec. 20.45. 1. A plan for the security of unvoted ballots for early voting must be submitted to the secretary of state for approval no later than 90 days before the election at which early voting is to be conducted.
2. At the close of early voting each day, the deputy clerk for early voting shall secure each voting machine used for early voting in a manner prescribed by the secretary of state so that its unauthorized operation is prevented.
3. All materials for early voting must be delivered to the county clerks office at the close of voting on the last day for voting at the polling place for early voting.
Sec. 20.5. 1. A ballot board for early voting must be appointed by the county clerk to handle early voting ballots for that county.
2. The board must consist of two co-chairmen who must be of different political parties and at least two other members who may be of the same political party as one of the co-chairmen but must not be of the same political party as any other member.
Sec. 20.55. 1. During the period for early voting by personal appearance, the ballots voted at the permanent or temporary polling place must be delivered by an election board officer to the county clerks office at the close of each voting day. The seal on the ballot box must indicate the number of voted ballots contained in that box for that day.
2. When the ballot box is delivered pursuant to subsection 1, the county clerk shall provide a new ballot box locked in the manner prescribed in section 20.4 of this act.
3. At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the county clerk shall deliver all ballots voted to the ballot board for early voting. At the close of the last voting day, the county clerk shall deliver to the ballot board for early voting:
(a) Each remaining ballot box containing the ballots voted early by personal appearance and his key to each box;
(b) A voting roster of all persons who voted early by personal appearance; and
(c) Any list of registered voters used in conducting early voting.
4. Upon the call of the chairmen of the board, the custodian of the key to the second lock on the ballot boxes shall deliver his key for each box to the presiding officer.
κ1993 Statutes of Nevada, Page 2172 (CHAPTER 523, SB 250)κ
5. Upon the receipt of ballots, the board shall:
(a) Remove all ballots from the ballot boxes and sort the ballots by precinct;
(b) Count the number of ballots by precinct;
(c) Account for all ballots on an official statement of ballots; and
(d) Place all official ballots in the container provided to transport those items to a central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the voted ballots to the central counting place.
Sec. 20.6. 1. During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within 30 feet from the entrance to the voting area.
2. The county clerk shall develop a procedure to ensure that each ballot is kept secret.
Sec. 20.65. 1. During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within 30 feet from the entrance to the voting area.
2. During the period of early voting, the county clerk shall keep continuously posted:
(a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located a sign on which is printed in large letters Polling Place for Early Voting; and
(b) At the outer limits of the area within which electioneering is prohibited, a sign on which is printed in large letters Distance Marker. No electioneering between this point and the entrance to the polling place.
3. Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.
4. Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.
Sec. 20.7. 1. If a court of competent jurisdiction orders a county to extend the deadline for voting beyond the statutory deadline in a particular election, the county clerk shall, as soon as practicable after he receives notice of the courts decision:
(a) Cause notice of the extended deadline to be published in a newspaper of general circulation in the county; and
(b) Transmit a notice of the extended deadline to each registered voter who requested an absent voters ballot for the election and has not returned the ballot before the date on which the notice will be transmitted.
2. The notice required pursuant to paragraph (a) of subsection 1 must be published:
(a) In a county whose population is 30,000 or more, on at least 3 successive days.
(b) In a county whose population is less than 30,000, at least twice in successive issues of the newspaper.
Sec. 20.75. 1. In addition to any criminal penalty, a person who violates the provisions of this chapter is subject to a civil penalty in an amount not to exceed $20,000 for each violation. This penalty must be recovered in a civil action brought in the name of the State of Nevada by the attorney general or by any district attorney in a court of competent jurisdiction.
κ1993 Statutes of Nevada, Page 2173 (CHAPTER 523, SB 250)κ
action brought in the name of the State of Nevada by the attorney general or by any district attorney in a court of competent jurisdiction.
2. Any civil penalty collected pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
Sec. 20.8. Any time before the close of registration a person who because of illness, disability or for other good cause shown requires assistance to complete an application to register to vote may request the county clerk in writing or by telephone to register him at his residence. Upon request, the county clerk shall direct the appropriate field registrar to go to the home of such a person to register him to vote.
Sec. 20.9. Any person who engages in the business of receiving and distributing mail for customers shall provide the county clerk of the county in which the business is located with the street address of the business.
Sec. 21. NRS 293.010 is hereby amended to read as follows:
293.010 As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and section 3 of this act, have the meaning ascribed to them in those sections.
Secs. 22-25. (Deleted by amendment.)
Sec. 26. NRS 293.130 is hereby amended to read as follows:
293.130 1. On the dates set by the respective state central committees in each year in which a general election is to be held, a county convention of each major political party must be held at the county seat of each county or at such other place in the county as the county central committee designates.
2. The county central committee of each major political party shall cause notice of the holding of the county convention of its party to be published in one or more newspapers, if any, published in the county . [, which] The notice must be in substantially the following form:
NOTICE OF ..... (NAME OF PARTY) ..... CONVENTION
Notice is hereby given that the county Convention of the ................ Party for ................ County will be held at ................ in ................, on ........, the ..... day of ........, 19...; that at the convention delegates to the ........ State Convention will be elected, a county central committee to serve for the ensuing 2 years will be chosen, and other party affairs may be considered; that delegates to such county convention [shall] will be chosen at ........ (name of party) ........ precinct meetings to be held in each voting precinct in the county on or before the ..... day of ........, 19....; and that [each of the voting precincts] a voting precinct is entitled to [the] a number of delegates [specified below after the name of such precinct, as follows:
Name of precinct Number of delegates
............................................................... to .........................................................
............................................................... to .........................................................
............................................................... (Name of party)............................... ]
in proportion to the number of registered voters of the ................ Party residing in the precinct as set forth in NRS 293.133.
County Central Committee of ................ County, Nevada
By .................................................................... (Its Chairman)
And ................................................................... (Its Secretary)
κ1993 Statutes of Nevada, Page 2174 (CHAPTER 523, SB 250)κ
Sec. 27. NRS 293.165 is hereby amended to read as follows:
293.165 1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a party nomination for office may be filled by a candidate designated by the party central committee of the county or state, as the case may be, subject to the provisions of subsections [3 and 4.] 4 and 5.
2. A vacancy occurring in a nonpartisan nomination after the close of filing and before the first Tuesday in September must be filled by filing a nominating petition that is signed by at least 1 percent of the registered voters who voted for the office in question in the state, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in June and not later than the third Tuesday in September. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general election and his name must not appear on the ballot for a primary election.
3. A vacancy occurring in a nonpartisan nomination after a primary election and before the second Tuesday in September must be filled by the person who received the next highest vote for the nomination in the primary.
[3. No]
4. Except to place a candidate nominated pursuant to subsection 2 on the ballot, no change may be made on the ballot after the second Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.
[4.] 5. All designations provided for in this section must be filed before 5 p.m. [of] on the second Tuesday in September. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed before 5 p.m. [of] on that date.
Sec. 28. NRS 293.1715 is hereby amended to read as follows:
293.1715 1. The names of the candidates of a minor political party must not appear on the ballot for a primary election.
2. The names of the candidates of a minor political party must be placed on the ballot for the general election if the party has filed a certificate of existence and a list of its candidates pursuant to the provisions of NRS 293.1725 with the secretary of state and:
(a) At the last preceding general election, the minor political party polled for any of its candidates a number of votes equal to or more than [3] 1 percent of the total number of votes cast for the offices of Representative in Congress;
(b) On January 1 preceding a primary election, the minor political party has been designated as a political party on the affidavits of registration of at least [3] 1 percent of the total number of registered voters in the state; or
(c) Not later than the second Friday in August preceding the general election, files a petition with the secretary of state which is signed by a number of registered voters equal to at least [3] 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
3. The name of only one candidate of each minor political party for each office may appear on the ballot for a general election.
κ1993 Statutes of Nevada, Page 2175 (CHAPTER 523, SB 250)κ
4. A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 with the secretary of state before the petition may be circulated for signatures.
Sec. 29. (Deleted by amendment.)
Sec. 30. NRS 293.1725 is hereby amended to read as follows:
293.1725 1. [A] Except as otherwise provided in subsection 4, a minor political party which desires to place its candidates on the ballot for a general election and:
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715; or
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715,
must file with the secretary of state a list of its candidates not earlier than January 1 preceding the election nor later than the last Friday in June. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The list must not be amended after it is filed.
2. The secretary of state shall immediately [transmit] forward a certified copy of the list of candidates of each minor political party to the filing officer with whom each candidate must file his declaration of candidacy.
3. Each candidate on the list must file his declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates of his minor political party is filed with the secretary of state nor later than the first Wednesday in July.
4. A minor political party that wishes to place candidates for the offices of President and Vice President of the United States on the ballot and has otherwise qualified to place the names of its candidates on the ballot for the general election pursuant to the provisions of this chapter must file with the secretary of state a certificate of nomination for these offices not later than the first Tuesday in September.
Sec. 31. (Deleted by amendment.)
Sec. 32. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as otherwise provided in NRS 293.165, no name may be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than [January 1] the first Tuesday in March of the year in which the election is to be held nor later than 5 p.m. [of the second Tuesday in May.] on the first Tuesday in June.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada }
}ss.
County of ............................................... }
For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of .................., I, the undersigned ................,
κ1993 Statutes of Nevada, Page 2176 (CHAPTER 523, SB 250)κ
undersigned ................, do swear [(] or affirm [)] that I reside at No. ........., ......... Street, in the City [(] or Town [)] of ................., County of ................., State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ....................... Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ............... Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto; and that I understand that my name will appear on all ballots as designated in this declaration.
...........................................................................
(Designation of name)
...........................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of ........, 19...
...................................................................................................
Notary Public [(] or other person
authorized to administer an oath [)]
(b) For nonpartisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada }
}ss.
County of ............................................... }
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................., do swear [(] and affirm [)] that I reside at No. ........, ......... Street, in the City [(] or Town [)] of ................., County of ................, State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name will appear on all ballots as designated in this declaration.
κ1993 Statutes of Nevada, Page 2177 (CHAPTER 523, SB 250)κ
...........................................................................
(Designation of name)
...........................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of ........, 19...
...................................................................................................
Notary Public [(] or other person
authorized to administer an oath [)]
3. A person may be a candidate under [the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.] his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidates name. The nickname must be in quotation marks and appear immediately before the candidates surname. A nickname must not indicate any political, economical, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.
4. An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.
5. The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidates address is [described as a box in] listed as a post office box unless a street address has not been assigned to his residence.
Sec. 33. NRS 293.181 is hereby amended to read as follows:
293.181 1. A candidate for the office of state senator or assemblyman [shall] must execute and file with his declaration of candidacy or acceptance of candidacy a declaration of residency which must be in substantially the following form:
I, the undersigned do swear [(] or affirm [)] that I have been a citizen resident of this state as required by NRS 218.010 and have resided or intend to reside at the following residence or residences during the 12 months immediately preceding the [filing of my declaration or acceptance of candidacy.] date of the general election for the office for which I have filed.
................................................................... ...............................................................
Street Address Street Address
................................................................... ...............................................................
City or Town City or Town
................................................................... ...............................................................
State State From ...........
κ1993 Statutes of Nevada, Page 2178 (CHAPTER 523, SB 250)κ
From ........... To ........... From ........... To ............
Dates of Residency Dates of Residency
................................................................... ...............................................................
Street Address Street Address
................................................................... ...............................................................
City or Town City or Town
................................................................... ...............................................................
State State
From ........... To ........... From ........... To ............
Dates of Residency Dates of Residency
(Attach additional sheet or sheets of residences as necessary)
2. Each address of a candidate which must be included in the declaration of residency pursuant to subsection 1 must be the street address of the residence where he actually resided or resides, if one has been assigned. The declaration of residency must not be accepted for filing if any of the candidates addresses are [described as a box in] listed as a post office [,] box, unless a street address has not been assigned to the residence.
Sec. 34. NRS 293.187 is hereby amended to read as follows:
293.187 1. On or before the third [Monday in May,] Tuesday in June, the secretary of state shall [transmit] forward to each county clerk a certified list containing the name and mailing address of each person for whom candidacy papers have been filed in the office of the secretary of state, and who is entitled to be voted for in the county at the next succeeding primary election, together with the title of the office for which the person is a candidate and the party or principles he represents.
2. There must be a party designation only for candidates for partisan offices.
Sec. 35. (Deleted by amendment.)
Sec. 36. NRS 293.213 is hereby amended to read as follows:
293.213 1. Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county clerk may establish such precinct as a mailing precinct, and shall forthwith mail notification to the [deputy] field registrar for such precinct.
2. Except as otherwise provided by NRS 293.208, the county clerk in any county where an absent ballot central counting board is appointed may abolish two or more existing mailing precincts and combine those mailing precincts into absent ballot precincts and those precincts must be designated absent ballot mailing precincts.
3. In any county where an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the last preceding general election, or any newly established precinct with less than 200 registered voters, may be designated an absent ballot mailing precinct.
Sec. 37. NRS 293.247 is hereby amended to read as follows:
293.247 1. The secretary of state shall adopt regulations, not inconsistent with the election laws of this state, for the conduct of primary, general, special and district elections in all cities and counties. The secretary of state shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy, affidavit of candidacy and any petition which is filed pursuant to the general election laws of this state.
κ1993 Statutes of Nevada, Page 2179 (CHAPTER 523, SB 250)κ
shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy, affidavit of candidacy and any petition which is filed pursuant to the general election laws of this state.
2. The regulations must prescribe:
(a) The duties of election boards;
(b) The type and amount of election supplies;
(c) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;
(d) The method to be used in distributing ballots to precincts and districts;
(e) The method of inspection and the disposition of ballot boxes;
(f) The form and placement of instructions to voters;
(g) The recess periods for election boards;
(h) The size, lighting and placement of voting booths;
(i) The amount and placement of guardrails and other furniture and equipment at voting places;
(j) The disposition of election returns;
(k) The procedures to be used for canvasses, ties, recounts and contests;
(l) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to the provisions of NRS 293.391;
(m) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections; [and]
(n) The procedures to be used for the disposition of absent ballots in case of an emergency; and
(o) Such other matters as determined necessary by the secretary of state.
3. The secretary of state may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this state.
4. The secretary of state shall prepare and distribute to each county and city clerk [the election officers digest and instructions for election boards, and copies of any] copies of:
(a) Laws and regulations concerning elections in this state;
(b) Interpretations issued by the secretary of states office; and
(c) Any attorney generals opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the secretary of state.
Sec. 38. NRS 293.255 is hereby amended to read as follows:
293.255 Each county clerk, as registrar of voters, or his authorized representative shall issue a certificate of error to any registered voter whose affidavit of registration has been misplaced or for some other reason does not appear or who is not listed in the election board register at the polling place on election day. [The] If the certificate of error is issued before the day of the election, the county clerk or his authorized representative shall seal the certificate in an envelope addressed to the appropriate precinct or district election board. A certificate may, upon approval by the county clerk, be issued at the polling place on election day.
Sec. 39. (Deleted by amendment.)
κ1993 Statutes of Nevada, Page 2180 (CHAPTER 523, SB 250)κ
Sec. 40. NRS 293.268 is hereby amended to read as follows:
293.268 The offices for which there are candidates, the names of the candidates therefor, and the questions to be voted upon must be printed on ballots in the following order:
1. President and Vice President of the United States.
2. United States Senator and Representative in Congress, in that sequence.
3. Governor, lieutenant governor, secretary of state, treasurer, controller and attorney general, in that sequence.
4. State senators and assemblymen.
5. County and township partisan offices.
6. Statewide nonpartisan offices.
7. District nonpartisan offices.
8. County nonpartisan offices.
9. City offices:
(a) Mayor;
(b) Councilmen according to ward in numerical order, if no wards, in alphabetical order; and
(c) Municipal judges.
[9.] 10. Township nonpartisan offices.
[10.] 11. Questions presented to the voters of the state.
[11.] 12. Questions presented only to the voters of a special district or political subdivision of the state.
Sec. 41. (Deleted by amendment.)
Sec. 42. NRS 293.272 is hereby amended to read as follows:
293.272 1. Except as otherwise provided in subsection 2, a person who registered to vote pursuant to the provisions of NRS 293.5235, shall, for the first election in which he votes at which that registration is valid, vote in person unless he has previously voted in the [precinct] county in which he is registered to vote.
2. The provisions of subsection 1 do not apply to a person who [is entitled to vote:
(a) In] :
(a) Is entitled to vote in the manner prescribed in NRS 293.343 to 293.355, inclusive; [or
(b) An]
(b) Is entitled to vote an absent ballot pursuant to federal law or [any other state law.] NRS 293.316;
(c) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or
(d) Requests an absent ballot in person at the office of the county clerk.
Sec. 42.5 NRS 293.273 is hereby amended to read as follows:
293.273 1. Except as otherwise provided in subsection 2 and NRS 293.305, at all elections held under the provisions of this Title, the polls must open at 7 a.m. and close at 7 p.m.
2. Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls, and the counting of votes must begin and continue without unnecessary delay until the count is completed.
κ1993 Statutes of Nevada, Page 2181 (CHAPTER 523, SB 250)κ
3. Upon opening the polls one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.
4. No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except [to examine a pollbook pursuant to NRS 293.301 or] by authority of the election board as necessary to keep order and carry out the provisions of this Title.
Sec. 43. NRS 293.277 is hereby amended to read as follows:
293.277 1. No person may vote at any election unless his name, on the day of election, appears on the election board register furnished by the county clerk to the precinct or district election board, or unless he presents a certificate of error issued by the county clerk.
2. If a persons name appears in the election board register or on a certificate of error, he is entitled to vote, and he shall sign his name in the [precinct or district roster] election board register when he applies to vote. His signature must be compared by an election board officer with the signature or a facsimile thereof on his original affidavit of registration, the certificate of error or one of the forms of identification listed in subsection 3.
3. The forms of identification which may be used individually to identify a voter at the polling place are:
(a) The card issued to the voter at the time of his registration;
(b) A drivers license;
(c) An identification card issued by the department of motor vehicles and public safety;
(d) A military identification card; [and] or
(e) Any other form of identification issued by a governmental agency which contains the voters signature and physical description or picture.
Sec. 44. NRS 293.280 is hereby amended to read as follows:
293.280 [When] If a certificate of error stating the precinct or district in which a person is entitled to vote, and containing the signature of [such] the person, is presented to the election board in [such] that precinct or district and the person votes, the certificate [shall] must be marked Voted by the election board and returned with the [precinct or district] election board register to the county clerk.
Sec. 44.5. NRS 293.301 is hereby amended to read as follows:
293.301 1. The county clerk of each county shall [allow not more than one representative from each political party for each precinct at a polling place to examine the pollbook four times during an election to determine the registered voters in that precinct who have not voted in the election. The examination of the pollbook must not interfere with the conduct of the election.
2. Each person who is authorized by a political party to examine the pollbooks shall provide proof of identify and a written statement from the county central committee which authorizes him to represent that political party at the polling place.] require an election board officer or officers to post an alphabetical listing of all registered voters for each precinct in a public area of each polling place in the county. The alphabetical listing must include the name, address and political affiliation of each voter. At the end of each hour that the polling place is open, up to and including 6 p.m.,
κ1993 Statutes of Nevada, Page 2182 (CHAPTER 523, SB 250)κ
hour that the polling place is open, up to and including 6 p.m., an election board officer shall identify the name of each voter that voted during the previous hour.
2. Each page of the alphabetical listing must contain a notice which reads substantially as follows:
It is unlawful for any person to remove, tear, mark or otherwise deface this alphabetical listing of registered voters except an election board officer acting pursuant to subsection 1 of NRS 293.301.
3. Any person who removes, tears, marks or otherwise defaces an alphabetical listing posted pursuant to this section with the intent to falsify or prevent others from readily ascertaining the name, address or political affiliation of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
Sec. 45. NRS 293.303 is hereby amended to read as follows:
293.303 1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed, or has voted before on the same day, or on any other ground provided for in this Title; or
(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.
2. If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that he does not belong to the political party designated upon the register, I swear [(] or affirm [)] that I belong to the political party designated upon the register;
(b) If the challenge is on the ground that the register does not show that he designated the political party to which he claims to belong, I swear [(] or affirm [)] that I designated on the affidavit of registration the political party to which I claim to belong;
(c) If the challenge is on the ground that he does not reside at the residence whose address is listed in the [precinct] election board register, I swear [(] or affirm [)] that I reside at the residence whose address is listed in the [precinct] election board register or I swear [(] or affirm [)] that I reside in this precinct;
(d) If the challenge is on the ground that he previously voted a ballot for the election, I swear [(] or affirm [)] that I have not voted for any of the candidates or questions included on this ballot for this election; or
(e) If the challenge is on the ground that he is not the person he claims to be, I swear [(] or affirm [)] that I am the person whose name is in this [precinct] election board register.
The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.
3. Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words Challenged ................ opposite his name in the election board register.
κ1993 Statutes of Nevada, Page 2183 (CHAPTER 523, SB 250)κ
4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue him a nonpartisan ballot.
5. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293.304.
6. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue him a partisan ballot.
7. If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification which contains proof of the address at which he actually resides.
8. If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:
(a) Furnishes official identification which contains a photograph of himself, such as his drivers license or other official document; or
(b) Brings before the election board officers a person who is at least 18 years old who:
(1) Furnishes official identification which contains a photograph of himself, such as his drivers license or other official document; and
(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.
[8.] 9. The election board officers shall record the result of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person the result of the challenge.
Sec. 46. NRS 293.304 is hereby amended to read as follows:
293.304 1. If a person is successfully challenged on the ground set forth in paragraph (c) of subsection 2 of NRS 293.303, the election board shall issue a [statement] prepared envelope to the person [on] in a form provided by the secretary of state which contains [:] on the outside of the envelope:
(a) The name of the voter;
(b) The address which appears on the record of voter registration;
(c) The address at which the voter actually resides;
(d) The signatures of the members of the election board who issued the [statement;] prepared envelope; and
(e) Other information which the secretary of state deems necessary to carry out the provisions of this section.
2. The [county clerk of each county shall maintain a special polling place in his office and in each polling location during each primary or general election. The ballots for the special polling place must contain provisions for voting for any of the following offices and questions if an election is being held for the offices and questions, and no others:
(a) President and Vice President of the United States;
(b) United States Senator;
(c) All state officers for whom all voters in the state may vote;
κ1993 Statutes of Nevada, Page 2184 (CHAPTER 523, SB 250)κ
(d) All county officers for whom all voters in the county may vote; and
(e) Questions which have been submitted to all of the voters of the county or state.
3. If a person comes to the special polling place and presents a properly prepared statement issued pursuant to subsection 1, the county clerk shall permit him to vote at the special polling place, using the special ballot prepared pursuant to subsection 2.] election board officers shall issue to the challenged voter a ballot to vote. The ballot must be voted at that polling place. The voted ballot must be placed in an envelope and that envelope must be placed and sealed in the prepared envelope issued pursuant to subsection 1. The ballot must be kept separate from the ballots of voters who have not been so challenged in a special ballot box for such ballots.
3. The votes contained on ballots that have been placed in the special ballot box must be counted for the following offices and questions in the same manner as the ballots of voters who have not been challenged on the ground set forth in paragraph (c) of subsection 2 of NRS 293.303:
(a) President and Vice President of the United States;
(b) United States Senator;
(c) All state officers for whom all voters in the state may vote;
(d) All officers for whom all voters in the county may vote; and
(e) Questions which have been submitted to all voters of the county or state.
The remaining votes on the ballot must not be counted until the county clerk determines that the address at which the voter actually resides, as indicated on the outside of the prepared envelope, is the address listed for the voter in the election board register. Such a determination must be made within 3 days after the election.
4. The secretary of state shall provide by regulation for:
(a) [Forms for statements;] The form of prepared envelopes; and
(b) The counting and security of ballots voted [at a special polling place.] pursuant to this section.
Sec. 47. NRS 293.310 is hereby amended to read as follows:
293.310 1. [A] Except as otherwise provided in NRS 293.330, a registered voter who requests and receives an absent voters ballot may vote only by absent ballot at the election for which the absent ballot was issued.
2. [When any] If a registered voter has requested an absent ballot and the ballot has been mailed or issued, the appropriate county or city clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.
Sec. 48. NRS 293.313 is hereby amended to read as follows:
293.313 1. [Any] Except as otherwise provided in NRS 293.272 and section 16 of this act, any registered voter who provides sufficient written notice to the appropriate county or city clerk, may vote an absent ballot as provided in this chapter.
2. Any registered voter who:
(a) Is at least 65 years old; or
(b) Has a physical disability or condition which substantially impairs his ability to go to the polling place, may request an absent ballot for all elections held during the year he requests an absent ballot.
κ1993 Statutes of Nevada, Page 2185 (CHAPTER 523, SB 250)κ
may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter shall include in his request a description of his physical disability or condition.
3. As used in this section, sufficient written notice means a:
(a) Written request for an absent ballot which is signed by the registered voter and [received by the county clerk; or] returned to the county clerk in person or by mail;
(b) Form prescribed by the secretary of state which is completed and signed by the registered voter and [received by] returned to the county clerk [.] in person or by mail; or
(c) Form provided by the Federal Government.
4. A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for both the primary and general elections unless otherwise specified in the request.
5. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a felony.
Sec. 49. NRS 293.315 is hereby amended to read as follows:
293.315 1. A registered voter referred to in NRS 293.313 may, at any time before 5 p.m. on the Tuesday preceding any election, make an application to that clerk for an absent voters ballot. The application [is not] must be made available for public inspection . [except by:
(a) The voter named in the application;
(b) A candidate whose name appears on the ballot for that election; or
(c) The candidates official designee who possesses a letter signed under penalty of perjury which states that the person is the representative of the candidate.
When the voter, candidate or candidates official designee, as the case may be, has identified himself to the satisfaction of the clerk, he is entitled to inspect the application.]
2. When the voter has identified himself to the satisfaction of the clerk, he is entitled to receive the appropriate ballot or ballots, but only for his own use.
3. A county clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless he knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy such information.
Sec. 50. NRS 293.3155 is hereby amended to read as follows:
293.3155 Notwithstanding any other provisions of this Title:
1. Any registered voter of this state who resides outside [this state] the continental United States may use the form provided by the Federal Government as a special absent ballot for a [primary or] general election if the voter:
(a) Requests an absent ballot and the request is received by the county clerk not later than 30 days before the [primary or] general election; and
(b) Does not receive the absent ballot.
κ1993 Statutes of Nevada, Page 2186 (CHAPTER 523, SB 250)κ
2. The special absent ballot must be used only for the offices of President and Vice President of the United States, United States Senator and Representative in Congress. The ballot must allow the registered voter to vote by writing in his choice of a political party for each office [,] or the name of a candidate [for each office, or the name of the person whom the voter prefers] whose name appears on the ballot for each office.
3. The special absent ballot must not be counted if:
(a) It is submitted from any location within [this state;] the continental United States;
(b) The county clerk receives the request for an absent ballot less than 30 days before the [primary or] general election; or
(c) The county clerk receives the absent ballot on or before the date of the [primary or] general election.
[4. A county clerk who receives a request from a voter for an absent ballot for a primary election pursuant to this section shall also consider such a request as a request for an absent ballot for the general election unless otherwise specified in the request.
5. A voter who requests an absent ballot for a primary election pursuant to this section must be allowed to vote in person in the general election if he signs a statement, under penalty of perjury, that he did not:
(a) Intend that his request for an absent ballot for the primary election be considered a request for an absent ballot for the general election; and
(b) Receive an absent ballot for the general election.]
Sec. 51. NRS 293.320 is hereby amended to read as follows:
293.320 The county or city clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper county or city.
2. Armed Forces personnel who are not registered to vote and are applying for absent ballots [shall complete the] must complete:
(a) The form of affidavit required by NRS 293.517 for registration ; or
(b) The form provided by the Federal Government for registration and request of an absent ballot,
before receiving an absent ballot.
Sec. 51.5. NRS 293.327 is hereby amended to read as follows:
293.327 1. If a request for an absent ballot is made by a registered voter in person, [the county or] a city clerk shall issue an absent ballot to the registered voter, and the ballot must be voted on the premises of the clerks office and returned to the clerk. The clerk shall follow the same procedure as in the case of absent ballots received by mail.
2. At least 25 days before [an] a primary or general city election until 5:00 p.m. the day before the election, each [county clerk and] city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued absent ballots in accordance with this section.
Sec. 52. NRS 293.330 is hereby amended to read as follows:
293.330 1. When an absent voter receives his ballot, he must stamp and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.
κ1993 Statutes of Nevada, Page 2187 (CHAPTER 523, SB 250)κ
seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.
2. If the absent voter who has received a ballot by mail applies to vote the ballot in person at [the] :
(a) The county or city clerks office, he must stamp or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.
(b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it Spoiled.
3. Except as otherwise provided in NRS 293.316, it is unlawful for any person other than the voter who requested an absent ballot to return it. A person who violates the provisions of this subsection is guilty of a felony.
Sec. 52.5. NRS 293.385 is hereby amended to read as follows:
293.385 1. After 8 a.m. on election day, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots received the previous day from absent voters ballot boxes and ascertain that each box has the required number of ballots according to the county or city clerks absent voters ballot record.
2. If any absent ballots are received by the county or city clerk on election day, pursuant to NRS 293.316, the county or city clerk shall hold the ballots until ballots received before election day have been withdrawn pursuant to subsection 1. Thereafter, the county or city clerk shall deposit the absent ballots in the appropriate ballot boxes.
3. After 8 a.m. on election day, the appropriate board shall count in public the votes cast on the absent ballots.
4. If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the county or city clerk [, who shall] who must have the results added to the regular votes of the precinct. If a mechanical voting system is used in which a voter casts his ballot by punching a card which is counted by a computer, the absent ballots may be counted with the regular votes on the precinct. The [results of the absent ballot vote must not be identified separately from the regular votes on the precinct on any abstract or printout produced by a computer of the results of the election.] returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voters ballot. The county and city clerks shall develop a procedure to ensure that each ballot is kept secret.
5. Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.
Sec. 53. NRS 293.391 is hereby amended to read as follows:
293.391 1. The voted ballots, rejected ballots, spoiled ballots, unused ballots, tally lists, pollbooks, challenge lists and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk, and preserved for at least 22 months. All sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction.
κ1993 Statutes of Nevada, Page 2188 (CHAPTER 523, SB 250)κ
the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction.
2. The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.
3. A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1, except the voted ballots.
4. The voted ballots deposited with the county clerk are not subject to the inspection of anyone, except in cases of contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.
Sec. 54. NRS 293.440 is hereby amended to read as follows:
293.440 1. Any person who desires a copy of any list of the registered voters in any precinct, district or county and who provides an assurance that the list will be used only for purposes relating to elections, may obtain a copy by applying at the office of the county clerk and paying therefor a sum of money equal to one cent per name on the list, except that one copy of each original and supplemental list for each precinct, district or county must be provided to the state and county central committee of any major political party, upon request, without charge.
2. The copy of the list provided pursuant to this section must indicate each voters address, date of birth, telephone number and the serial number of his affidavit of registration. If the county maintains this information in a computer data base, the date of [each addition and] the most recent addition or revision to an entry, if made on or after July 1, 1989, [to an entry] must be included in the data base and on any resulting list of the information. The date must be expressed numerically in the order of [year, month and date.] month, day and year.
3. A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed lists for a precinct or district.
4. A county which has a system of computers capable of recording information on magnetic tape or diskette shall, upon request of the state or county central committee of any major political party [,] or minor political party which has filed a certificate of existence with the secretary of state, record for that central committee on magnetic tape or diskette supplied by it:
(a) The list of registered voters and the information required in subsection 2; and
(b) Not more than four times per year, as requested by the committee:
(1) A complete list of the registered voters with a notation for [each such] the most recent entry of the date on which the entry or the latest change in the information was made; or
(2) A list that includes additions and revisions made to the list of registered voters after a date specified by the central committee.
5. If a political party does not provide its own magnetic tape or diskette, or if a political party requests the list in any other form that does not require printing, the county clerk may charge a fee to cover the actual cost of providing the tape, diskette or list.
κ1993 Statutes of Nevada, Page 2189 (CHAPTER 523, SB 250)κ
Sec. 55. NRS 293.443 is hereby amended to read as follows:
293.443 1. [The] Except as otherwise provided in subsection 4, the expense of providing all ballots, forms and other supplies to be used at any election regulated by this chapter and all expenses necessarily incurred in the preparation for, or the conduct of, any such election is a charge upon the municipality, county, district or state, as the case may be.
2. The cost of printing ballots must not exceed the sum of $100 per thousand or fraction thereof for the first two thousand ballots printed and $50 for each additional thousand printed.
3. The county or city clerk may submit such printing for competitive bidding.
4. If a political party or other entity requests more than 50 applications to register to vote by mail, the clerk may assess a charge, not to exceed the actual cost of printing the applications, for each application requested in excess of 50.
Sec. 56. NRS 293.481 is hereby amended to read as follows:
293.481 1. Except as otherwise provided in subsection 2, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:
(a) At a general election, shall provide a copy of the question , including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the third Monday in July preceding the election.
(b) At a primary election, shall provide a copy of the question , including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the first Friday in [May] February preceding the election.
(c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide a copy of the question , including an explanation of and arguments for and against the question, to each county clerk at least 60 days before the election.
(d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide a copy of the question , including an explanation of and arguments for and against the question, to the city clerk at least 35 days before the election.
2. The requirements of subsection 1 do not apply to any question expressly privileged or required [under] pursuant to the provisions of article 19 of the constitution of the State of Nevada or [under] pursuant to the provisions of chapter 295 of NRS or any other statute to be submitted if proposed after the dates specified.
3. A county or city clerk may charge any political subdivision, public or quasi-public corporation or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation and arguments on the ballot.
κ1993 Statutes of Nevada, Page 2190 (CHAPTER 523, SB 250)κ
Sec. 57. NRS 293.482 is hereby amended to read as follows:
293.482 1. The governing body of any county or city may, at any general election or general city election, ask the advice of the registered voters within its jurisdiction on any question which it has under consideration by adopting a resolution which:
(a) Sets forth the advisory question , including an explanation of and arguments for and against the question, to be submitted to the voters; and
(b) States that the result of the voting on the question does not place any legal requirement on the governing body or any officer of the political subdivision.
2. A governing body may, at any general election, ask the advice of the registered voters of part of its territory if:
(a) The advisory question to be submitted affects only that part of its territory; and
(b) The resolution adopted pursuant to subsection 1 sets forth the boundaries of the area in which the advice of the registered voters will be asked.
Sec. 58. NRS 293.501 is hereby amended to read as follows:
293.501 Notwithstanding any other provisions of this Title:
1. Any elector of this state who resides outside this state may use the form provided by the Federal Government pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act of 1986, 42 U.S.C. § 1973, to register to vote in this state.
2. The county clerk shall not register a voter who submits the form [provided by the Federal Government] from any location within this state.
3. If an elector registers to vote pursuant to the provisions of subsection 1, he shall be deemed to be registered upon receipt of the form by the county clerk.
Sec. 59. NRS 293.505 is hereby amended to read as follows:
293.505 1. All justices of the peace, except those located in county seats, are ex officio [deputy] field registrars to carry out the provisions of this chapter.
2. The county clerk shall appoint at least one registered voter to serve as a [deputy] field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a [deputy] field registrar. A [deputy] field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.
3. A [deputy registrar] field registrar shall demand of any person who applies for registration all information required by the affidavit of registration, and [may] shall administer all oaths required by this chapter.
4. When a [deputy] field registrar has in his possession five or more completed affidavits of registration, he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.
5. Immediately after the close of registration, each [deputy] field registrar shall forward to the county clerk all completed affidavits in his possession. Within 5 days after the close of registration for a general election or general city election, a deputy registrar shall return all unused affidavits in his possession to the county clerk. If all of the unused affidavits are not returned to the county clerk, the [deputy] field registrar shall account for the unreturned affidavits.
κ1993 Statutes of Nevada, Page 2191 (CHAPTER 523, SB 250)κ
county clerk, the [deputy] field registrar shall account for the unreturned affidavits.
6. Each [deputy] field registrar shall submit to the county clerk a list of the serial numbers of the completed affidavits of registration and the names of the electors on those affidavits. The serial numbers must be listed in numerical order.
7. Each [deputy] field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.
8. A [deputy] field registrar shall not:
(a) Delegate any of his duties to another person; or
(b) Refuse to register a person on account of that persons political party affiliation.
9. A person shall not hold himself out to be or attempt to exercise the duties of a [deputy] field registrar unless he has been so appointed.
10. A county clerk or [deputy] field registrar shall not:
(a) Solicit a vote for or against a particular question or candidate;
(b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or
(c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuring election,
while he is registering an elector.
11. When the county clerk receives affidavits of registration from a field registrar he shall issue a receipt to the field registrar. The receipt must include:
(a) The number of persons registered; and
(b) The political party of the persons registered.
12. A county clerk or field registrar shall not:
(a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading affidavit of registration;
(b) Alter or deface an affidavit of registration that has been signed by an elector except to correct information contained in the affidavit after receiving notice from the elector that a change in or addition to the information is required; or
(c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.
13. If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.
14. A person who violates any of the provisions of [this section] subsections 8 to 12, inclusive, is guilty of a [misdemeanor.] felony.
Sec. 59.5. NRS 293.5055 is hereby amended to read as follows:
293.5055 A county clerk or [deputy] field registrar may register, outside the boundaries of the county, any voter who is a resident of that county.
Sec. 60. NRS 293.507 is hereby amended to read as follows:
293.507 1. The secretary of state shall prescribe:
(a) A standard form for affidavits of registration; and
(b) A special form for registration to be used in a county where registrations are performed and records of registration are kept by computer.
κ1993 Statutes of Nevada, Page 2192 (CHAPTER 523, SB 250)κ
2. [County] The county clerks shall provide [original and duplicate] forms for affidavits of registration to [deputy] field registrars in the form and number prescribed by the secretary of state.
3. A form for an affidavit of registration must include a duplicate copy marked as the receipt to be retained by the affiant upon completion of the form.
4. The form for an affidavit of registration must include:
(a) A line on which to enter the number on the voters social security card, drivers license or identification card issued by the department of motor vehicles and public safety.
(b) A line on which to enter the address at which the voter actually resides. The affidavit must not be accepted if the address is listed as a post office box unless a street address has not been assigned to his residence.
(c) A notice that the voter may not list his address as a business unless he actually resides there.
Sec. 61. NRS 293.517 is hereby amended to read as follows:
293.517 1. Any elector residing within the county may register:
(a) By appearing before the county clerk or [deputy] field registrar, completing the affidavit of registration and giving true and satisfactory answers to all questions relevant to his identity and right to vote;
(b) By completing and mailing or personally delivering to the county clerk, an application to register to vote pursuant to the provisions of NRS 293.5235; [or]
(c) Pursuant to the provisions of NRS 293.501 or 293.524 [.] ; or
(d) At his residence with the assistance of a field registrar pursuant to section 20.8 of this act.
The county clerk [may] shall require a person to submit official identification as proof of residence and identity, such as a drivers license or other official document, before registering him.
2. The affidavit of registration must be signed and verified under penalty of perjury by the elector registering.
3. Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.
4. Any elector who is registered and changes his name, must complete a new affidavit of registration by appearing before the county clerk or [deputy] field registrar , submitting an application to register to vote pursuant to the provisions of NRS 293.5235 or submitting a written statement to the county clerk requesting that the county clerk mail an affidavit of registration to him. If the elector fails to register under his new name, he may be challenged pursuant to the provisions of NRS 293.303 and required to furnish proof of identity and subsequent change of name.
5. An elector who registers to vote pursuant to paragraph (a) of subsection 1, shall be deemed to be registered upon the completion of his affidavit of registration.
6. After the county clerk determines that the affidavit of registration of a person is complete and that the person is eligible to vote, he shall make a voter registration card to the voter which contains:
κ1993 Statutes of Nevada, Page 2193 (CHAPTER 523, SB 250)κ
(a) The name, address, political affiliation and precinct number of the voter;
(b) The date of issuance; and
(c) The signature of the county clerk.
Sec. 61.5. NRS 293.520 is hereby amended to read as follows:
293.520 The registration or reregistration of electors who are unable to sign their names must be made upon personal application of those electors at the office of the county clerk where they may be identified or in the presence of a [deputy] field registrar. The electors may use a mark or cross in place of a signature.
Sec. 62. NRS 293.5235 is hereby amended to read as follows:
293.5235 1. [A] Except as otherwise provided in section 16 of this act, a person may apply to register to vote, by mail, to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county.
2. An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.
3. The applicant must complete the application and sign an affidavit containing the following statement: I do solemnly swear [(] or affirm [)] under penalty of perjury that I am a citizen of the United States and that on the date of the next ensuing election I will have attained the age of 18 years and will have continuously resided in the State of Nevada, in my county at least 30 days and in my precinct at least 10 days before the next ensuing election. I further swear [(] or affirm [)] under penalty of perjury that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence. I further swear [(] or affirm [)] that I am not now laboring under any felony conviction or other loss of civil rights which would make it unlawful for me to vote.
4. The county clerk shall, upon receipt of an application, determine whether the application is complete.
5. If he determines that the application is complete, he shall, within 10 days after he receives the application, mail a notice to the applicant informing him that he is registered to vote [.] and a voter registration card as required by subsection 6 of NRS 293.517. The applicant shall be deemed to be registered as of the date [the county clerk received] the application [.] is postmarked.
6. If [he] the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail a notice to the applicant informing him that he is registered to vote [.] and a voter registration card as required by subsection 6 of NRS 293.517. The applicant shall be deemed to be registered as of the date [the county clerk received] the application [.] is postmarked. If the applicant does not provide the additional information within the prescribed period, the application is void.
κ1993 Statutes of Nevada, Page 2194 (CHAPTER 523, SB 250)κ
the applicant does not provide the additional information within the prescribed period, the application is void.
7. The application must:
(a) Include the applicants social security number, drivers license number or identification card number issued pursuant to the provisions of NRS 483.810 to 483.890, inclusive.
(b) Include the street address of the residence where the applicant actually resides. The application must not be accepted if the applicants address is [described as a box in] listed as a post office [.] box or is the same address as a business that receives and distributes mail for customers, unless a street address has not been assigned to the residence.
(c) Include a notice that the voter may not list his address as a business unless he actually resides there.
(d) Include a duplicate copy marked as the receipt to be retained by the affiant upon completion of the form.
(e) Allow an applicant to furnish his telephone number if he chooses to do so.
[(d)] (f) Include a notice stating that an applicant is not registered to vote until all of the information required by the application has been provided to the county clerk within the period prescribed in subsection 6.
[(e)] (g) Include any other information prescribed by the secretary of state.
8. The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.
9. The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall cancel the registration of the person whose address appeared on the postcard.
10. A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application for registration by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.
11. An application for registration must be made available to all persons, regardless of political party affiliation.
12. An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the county clerks office within 3 working days after it is completed.
13. A person who willfully violates the provisions of subsection 10, 11 or 12 is guilty of a felony.
14. The secretary of state shall adopt regulations to carry out the provisions of this section.
Sec. 63. NRS 293.524 is hereby amended to read as follows:
293.524 1. The department of motor vehicles and public safety shall inquire of each qualified elector who applies in person [to register a motor vehicle,] for the issuance, renewal or correction of any type of drivers license or for an identification card whether he desires to complete an application to register to vote by use of a single form containing the necessary information required by this chapter and subsection 2.
κ1993 Statutes of Nevada, Page 2195 (CHAPTER 523, SB 250)κ
license or for an identification card whether he desires to complete an application to register to vote by use of a single form containing the necessary information required by this chapter and subsection 2.
2. If the elector desires to complete an application for registration, he shall complete and sign an affidavit containing the following statement: I ................................., do solemnly swear [(] or affirm [)] under penalty of perjury that I am a citizen of the United States and that on the date of the next ensuring election I will have attained the age of 18 years and will have continuously resided in the State of Nevada, county of ................................., at least 30 days and in my precinct at least 10 days before the next ensuing election. I further swear [(] or affirm [)] under penalty of perjury that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence. I further swear [(] or affirm [)] that I am not now laboring under any felony conviction or other loss of civil rights which would make it unlawful for me to vote.
3. For the purposes of this section, each employee specifically authorized to do so by the director of the department may oversee the completion of the affidavit and application. The authorized employee shall check the application for completeness and verify the information required by the affidavit of registration. [The authorized employee shall stamp the application for registration to validate it and shall provide the applicant with a receipt verifying the submission of the application.] Each application must include a duplicate copy marked as the receipt to be retained by the affiant upon completion of the form.
The department shall, except as otherwise provided in this subsection, forward each such application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. During the 2 weeks immediately preceding the close of registration for an election the applications must be forwarded daily.
4. Upon receipt of such an application, the county clerk or deputy registrar of voters shall determine whether the application is complete. If he determines that the application is complete, he shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application. If he determines that the application is not complete, he shall notify the applicant [by mail at the mailing address stated on the application] of the additional information required. The applicant shall be deemed to be registered as of the date of the initial submission of the application if the additional information is provided within [30] 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within [30] 15 days after the notice for the additional information is mailed, the incomplete application is void. Any notification required by this subsection must be given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.
5. The secretary of state shall, with the approval of the director of the department of motor vehicles and public safety, adopt regulations which:
(a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;
κ1993 Statutes of Nevada, Page 2196 (CHAPTER 523, SB 250)κ
(b) Provide for the form of the application of registration to be used by the department of motor vehicles and public safety; and
(c) Provide for the transfer of the completed applications of registration from the department of motor vehicles and public safety to the appropriate county clerk [or registrar of voters] for inclusion in the election board registers and registrar of voters register.
Sec. 64. NRS 293.537 is hereby amended to read as follows:
293.537 1. The county clerk of each county shall maintain a canceled file for canceled affidavits of registration. [Such file shall] The file must be kept in alphabetical order and [shall] must contain all affidavits of registration which are canceled. The county clerk shall mark such affidavits Canceled, and indicate thereon the reason for cancellation. If the county clerk finds that any affidavit of registration was canceled erroneously, the county clerk shall reinstate such affidavit, reregister the elector, or, on election day, issue a certificate of error to the elector whose registration was erroneously canceled.
2. The county clerk may:
(a) Microfilm canceled affidavits of registration and destroy the originals at any time.
(b) Record canceled affidavits of registration by computer and destroy the originals at any time.
(c) Destroy any canceled affidavit of registration after the expiration of 3 years from the date of cancellation.
Sec. 65. NRS 293.540 is hereby amended to read as follows:
293.540 The county clerk shall cancel an affidavit of registration:
1. If he has personal knowledge of the death of the person registered, or if an authenticated certificate of the death of any elector is filed in his office.
2. If the insanity of the person registered is legally established.
3. Upon the production of a certified copy of the judgment of conviction of a felony of the person registered.
4. Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.
5. Upon the request of any registered voter to affiliate with any political party or to change his affiliation, if that change is made before the end of the last day [for filing declarations of candidacy for a primary] to register to vote in the election.
6. Upon the request of any registered voter who has changed his name, if that voter satisfies the registrar that the change has been legally effected.
7. At the request of the person registered.
8. If any registered voter fails to vote in any presidential election.
9. Except as otherwise provided in NRS 293.531, if he has discovered an incorrect registration pursuant to the provisions of NRS 293.5235 or 293.530.
10. Upon verification that the affidavit of registration is a duplicate if he has the original or another duplicate of the affidavit on file in his office.
Sec. 66. NRS 293.543 is hereby amended to read as follows:
293.543 1. If an affidavit of registration is canceled [under] pursuant to the provisions of subsection 5 or 6 of NRS 293.540, the elector may reregister immediately.
κ1993 Statutes of Nevada, Page 2197 (CHAPTER 523, SB 250)κ
2. If an affidavit of registration is canceled [under] pursuant to the provisions of subsection 7 of NRS 293.540, after the close of registration, the election may not reregister until after the primary election.
Sec. 66.5. NRS 293.550 is hereby amended to read as follows:
293.550 Any elector of this state who has not registered to vote in this state, or who has registered but whose registration has been canceled, and who contemplates enlisting in, or has been inducted into, the Armed Forces of the United States may, at any time, appear before the county clerk of the county of his residence or the [deputy] field registrar thereof and register as a voter in the manner provided by law.
Sec. 67. NRS 293.557 is hereby amended to read as follows:
293.557 1. The county clerk shall cause to be published [in counties having a population under 100,000 and may cause to be published in counties having a population of 100,000 or more,] once in each of the newspapers circulated in different parts of the county a list of all registered voters [, segregated by precincts or districts,] within the circulation area of each newspaper, or cause to be published once in a newspaper circulated in the county [a segregated] an alphabetical listing of all registered voters, including the precinct of each voter, for the entire county:
(a) [At least 75 days] Not less than 2 weeks before the close of registration for any primary election.
(b) After each primary election and not less than 2 weeks before the close of registration for the ensuing general election.
2. The county may not pay more than 10 cents per name for six-point or seven-point type or 15 cents per name for eight-point type or larger to each newspaper publishing the list.
3. The list of registered voters must not be printed in type smaller than six-point.
Sec. 68. NRS 293.560 is hereby amended to read as follows:
293.560 1. [In any county which uses a computer to register voters and keep records of the registration of the countys voters, registration must close at 9 p.m. of the third Saturday preceding any primary, general, recall or special election. In every other county,] Except as otherwise provided in section 16 of this act, registration must close at 9 p.m. [of] on the fifth Saturday preceding any primary or general election and at 9 p.m. [of] on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, or primary or general city election, registration must close at 9 p.m. [of] on the fifth Saturday preceding the day of the elections.
2. The offices of the county clerk and ex officio registrars must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:
(a) In a county whose population is less than 100,000, those offices must be open during the last 3 days before registration closes.
(b) In all other counties, those offices must be open during the last 5 days before registration closes.
3. Except for a special election held pursuant to chapter 350 of NRS:
κ1993 Statutes of Nevada, Page 2198 (CHAPTER 523, SB 250)κ
(a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, [then] the publication may be made in a newspaper of general circulation published in the nearest county in this state.
(b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
4. The offices of the county clerk and ex officio registrars may remain open on October 31 in each even-numbered year.
Sec. 68.5. NRS 293.650 is hereby amended to read as follows:
293.650 1. The conduct of any city election [must be] is under the control of the city council, and it shall by ordinance provide for the holding of the election, appoint the necessary officers thereof, and do all other things required to carry the election into effect.
2. Early voting must not be permitted in a city election.
Sec. 69. NRS 293.800 is hereby amended to read as follows:
293.800 1. Any person who, either for himself or another, willfully gives a false answer or answers to questions propounded to him by the registrar or [deputy] field registrar of voters relating to the information called for by the affidavit of registration, or who willfully falsifies his [registration] affidavit of registration in any particular, or who violates any of the provisions of the election laws of this state, or knowingly encourages another to violate such laws is guilty of a [gross misdemeanor.] felony.
2. Any public officer or other person, upon whom any duty is imposed by this Title, who willfully neglects such duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this state, is, except where some other penalty is provided, guilty of a [gross misdemeanor.] felony.
3. If such person is a public officer, his office is forfeited upon conviction of any offense provided for in subsection 2.
4. Any person who causes or endeavors to cause his name to be registered, knowing that he is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause such registration to be made, and any other person who induces, aids, or abets any such person in the commission of either of such acts is guilty of a [gross misdemeanor.] felony.
5. Any field registrar or other person who:
(a) Knowingly falsifies a registration form, or knowingly causes such a form to be falsified; or
(b) Knowingly provides money or other compensation to another for a falsified registration form,
is guilty of a felony.
Sec. 70. Chapter 293B of NRS is hereby amended by adding thereto the provisions set forth as sections 71 and 72 of this act.
Sec. 71. The secretary of state shall not approve any mechanical voting system which does not meet or exceed the standards for voting systems established by the Federal Election Commission.
κ1993 Statutes of Nevada, Page 2199 (CHAPTER 523, SB 250)κ
Sec. 72. 1. Except as otherwise provided in subsection 2, no mechanical voting system may be used in this state unless it meets or exceeds the standards for voting systems established by the Federal Election Commission.
2. A mechanical voting system that does not comply with the standards established by the Federal Election Commission for computers or software for computers may be used if it is demonstrated to the secretary of state that the system performs all functions required by the commission.
Sec. 73. NRS 293B.130 is hereby amended to read as follows:
293B.130 1. Before any election where a mechanical voting system is to be used, the county or city clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:
[1.] (a) All lawful votes cast by each voter must be counted.
[2.] (b) All unlawful votes, including but not limited to overvotes or, in a primary election, votes cast for a candidate of a major political party other than the party, if any, of the voters registration, must not be counted.
[3.] (c) If the election is:
[(a)] (1) A primary election held in an even-numbered year, other than a presidential preference primary; or
[(b)] (2) A general election,
the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.
[4.] (d) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code identifying the precinct in which it was voted and, in a primary election, identifying the major political party of the voter.
2. The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.
3. The county clerk shall take such measures as he deems necessary to protect the program from being altered or damaged.
Sec. 74. NRS 293B.140 is hereby amended to read as follows:
293B.140 Before conducting the test required [under] pursuant to the provisions of NRS 293B.150, the county or city clerk shall appoint [two persons who are not] three persons, not more than two of whom are of the same political party , to serve as an accuracy certification board. Not more than two of the persons appointed to the board may be employees of the county or city.
Sec. 75. (Deleted by amendment.)
Sec. 76. NRS 236.015 is hereby amended to read as follows:
236.015 1. The following days are declared to be legal holidays for state, county and city governmental offices:
January 1 (New Years Day)
Third Monday in January (Martin Luther King, Jr.s Birthday)
Third Monday in February (Washingtons Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day) First Monday in September (Labor Day)
κ1993 Statutes of Nevada, Page 2200 (CHAPTER 523, SB 250)κ
First Monday in September (Labor Day)
October 31 (Nevada Day)
November 11 (Veterans Day)
Fourth Thursday in November (Thanksgiving Day)
Friday following the fourth Thursday in November (Family Day)
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States for public fast, thanksgiving or as a legal holiday except for any Presidential appointment of the fourth Monday in October as Veterans Day.
2. [All] Except as otherwise provided by NRS 293.557, all state, county and city offices, courts, banks, savings and loan associations, public schools and the University and Community College System of Nevada must close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.
3. If January 1, July 4, October 31, November 11 or December 25 falls upon a:
(a) Sunday, the Monday following must be observed as a legal holiday.
(b) Saturday, the Friday preceding must be observed as a legal holiday.
4. To celebrate the 500th anniversary of the arrival of Cristoforo Columbo in the New World, October 12, 1992, is hereby declared to be a legal holiday for state, county and city governmental offices. All state, county and city offices, courts, banks, savings and loan associations, public schools and the University and Community College System of Nevada must close on this day.
Sec. 77. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal of registration, must be made as provided in this section.
2. Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department.
3. Each application must be made upon the appropriate form furnished by the department and contain:
(a) The signature of the owner.
(b) His residential address.
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.
(e) Proof satisfactory to the department that the applicant has provided the security required by NRS 485.185 and his signed declaration that he will maintain the security during the period of registration.
(f) If the security is provided by a contract of insurance, evidence of that insurance provided by the insurer on a form approved by the commissioner of