[Rev. 2/12/2019 2:09:40 PM]
κ1993 Statutes of Nevada, Page 2419κ
Assembly Bill No. 474Assemblymen Collins, Sader, Chowning, Carpenter, Regan, Toomin, Petrak, Anderson, Smith, Garner, Arberry, de Braga, Perkins, Hettrick, Bonaventura, Segerblom, Neighbors, Myrna Williams, Schneider, Giunchigliani, Kenny, Wendell Williams, Bennett, Porter and Dini
CHAPTER 581
AN ACT relating to employee leasing companies; requiring an employee leasing company to obtain a certificate of industrial insurance; establishing certain requirements for the operation of such companies; 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 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires:
1. Applicant means a person seeking a certificate of insurance pursuant to sections 2 to 9, inclusive, of this act.
2. Client company means a company which leases employees for a fee, from an employee leasing company pursuant to a written agreement.
3. Employee leasing company means a company which, pursuant to a written agreement, places all or substantially all of the regular, full-time employees of a client company on its payroll and, for a fee, leases them to the client company on a regular basis without any limitation on the duration of their employment.
Sec. 3. 1. A person shall not operate an employee leasing company in this state unless he has complied with the provisions of sections 2 to 9, inclusive, of this act. The manager shall issue a certificate of insurance to each applicant who complies with the provisions of sections 2 to 9, inclusive, of this act.
2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
3. Each certificate of insurance issued by the manager pursuant to sections 2 to 9, inclusive, of this act, expires 1 year after it is issued unless renewed before that date.
Sec. 4. An applicant for the issuance or renewal of a certificate of insurance must submit to the manager a written application upon a form provided by the manager.
Sec. 5. 1. Each application must include:
(a) The applicants name and title of his position with the employee leasing company.
(b) The applicants age, place of birth and social security number.
(c) The applicants address.
(d) The business address of the employee leasing company.
(e) The business address of the resident agent of the employee leasing company, if the applicant is not the resident agent.
(f) If the applicant is a:
κ1993 Statutes of Nevada, Page 2420 (CHAPTER 581, AB 474)κ
(1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner.
(2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation.
(g) Proof of:
(1) The payment of any taxes required by chapter 364A of NRS.
(2) The payment of any premiums for industrial insurance required by this chapter and chapter 617 of NRS.
(3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS.
(4) Insurance coverage for any benefit plan from any insurer authorized pursuant to Title 57 of NRS that is offered by the employee leasing company to its employees.
(5) Membership in the National Staff Leasing Association, or its successor organization.
(h) Any other information the manager requires.
2. Each application must be notarized and signed under penalty of perjury:
(a) If the applicant is a sole proprietorship, by the sole proprietor.
(b) If the applicant is a partnership, by each partner.
(c) If the applicant is a corporation, by each officer of the corporation.
3. An applicant shall submit to the manager any change in the information required by this section within 30 days after the change occurs. The manager may revoke the certificate of insurance of an employee leasing company which fails to comply with provisions of this subsection. If the manager revokes the certificate of insurance and cancels the employee leasing companys policy, the manager shall immediately notify the adminitrator, who shall proceed in accordance with the provisions of NRS 616.629.
Sec. 6. The employment relationship with workers provided by an employee leasing company to a client company must be established by written agreement between the employee leasing company and the client company. The employee leasing company shall give written notice of the employment relationship to each leased employee assigned to perform services for the client company.
Sec. 7. 1. For the purposes of this chapter and chapters 364A, 612 and 617 of NRS, an employee leasing company which complies with the provisions of sections 2 to 9, inclusive, of this act, shall be deemed to be the employer of the employees it leases to a client company.
2. An employee leasing company shall be deemed to be the employer of its leased employees for the purposes of sponsoring and maintaining any benefit plans.
3. An employee leasing company may not offer its employees any self-funded insurance program. An employee leasing company may not act as a self-insured employer pursuant to this chapter or chapter 617 of NRS or pursuant to Title 57 of NRS.
4. If an employee leasing company fails to:
(a) Pay any contributions, premiums, forfeits or interest due; or
(b) Submit any reports or other information required, pursuant to this chapter or chapter 612 or 617 of NRS, the client company is jointly and severally liable for the contributions, premiums, forfeits or interest attributable to the wages of the employees leased to it by the employee leasing company.
κ1993 Statutes of Nevada, Page 2421 (CHAPTER 581, AB 474)κ
pursuant to this chapter or chapter 612 or 617 of NRS, the client company is jointly and severally liable for the contributions, premiums, forfeits or interest attributable to the wages of the employees leased to it by the employee leasing company.
Sec. 8. The manager, in cooperation with the executive director of the employment security department, shall, and the commissioner of insurance may, adopt regulations to carry out the provisions of sections 2 to 9, inclusive, of this act.
Sec. 9. An action for damages caused by the failure of an employee leasing company to comply with the provisions of sections 2 to 9, inclusive, of this act, may be brought against any person who is required to sign the application for a certificate of insurance for the employee leasing company.
Sec. 10. An employee leasing company doing business in this state on January 1, 1994, must comply with sections 2 to 9, inclusive, of this act on or before March 1, 1994.
Sec. 11. This act becomes effective:
1. For the purposes of adopting regulations pursuant to section 8 of this act, on July 1, 1993.
2. For all other purposes, on January 1, 1994.
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Assembly Bill No. 456Assemblymen Scherer, Chowning, Anderson, Tiffany, Lambert, Smith, Bache, Freeman, Price, Regan, Petrak, Hettrick, Bonaventura, Augustine, Ernaut, Collins, Marvel, Gregory, Gibbons, Haller, Humke, de Braga, Segerblom, Schneider, Giunchigliani, Dini and Spitler
CHAPTER 582
AN ACT relating to the business tax; changing the basis on which the tax is calculated and corrected; requiring facilities which hold trade shows and conventions to pay the tax on behalf of businesses whose only contact with Nevada is such a show or convention; 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 364A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A person or governmental entity that operates a facility at which one or more trade shows or conventions, or both, are held, is responsible for the payment of the taxes imposed by this chapter on behalf of the persons who do not have a business license issued pursuant to this chapter but who take part in the trade show or convention for a purpose related to the conduct of a business.
2. The taxes due pursuant to subsection 1 must be calculated, reported and paid separately from any taxes otherwise due from the operator of the facility pursuant to this chapter.
κ1993 Statutes of Nevada, Page 2422 (CHAPTER 582, AB 456)κ
3. The operator of the facility shall pay:
(a) An amount equal to the product of the total number of businesses taking part in the trade show or the convention multiplied by the number of days on which the trade show or convention is held, multiplied in turn by $1.25 for each trade show or convention that is held in the facility; or
(b) An annual fee of $5,000 to the department on or before July 1 for the fiscal year beginning on that day.
4. If the operator of a facility at which a trade show or convention is held has not paid the fee provided in paragraph (b) of subsection 3, he shall file a return on a form prescribed by the department and remit the tax pursuant to paragraph (a) of subsection 3 for each quarter in which a trade show or convention is held.
5. The commission shall adopt such regulations as it deems necessary to carry out the provisions of this section.
Sec. 3. 1. The division of motion pictures of the commission on economic development, as an agent of the department of taxation, shall collect the tax imposed by this chapter from those businesses that engage in the business of creating or producing motion pictures, as that term is defined in NRS 231.020, that are not residents or do not have a permanent place of business in Nevada. All taxes collected by the division of motion pictures must be immediately forwarded to the department upon receipt.
2. The tax must be calculated pursuant to NRS 364A.140 and 364A.150 upon the number of hours worked in this state, but a person who conducts a business described in subsection 1 need not obtain a business license under this chapter.
Sec. 4. NRS 364A.020 is hereby amended to read as follows:
364A.020 1. Business includes:
(a) A corporation, partnership, proprietorship, business association and any other similar organization that conducts an activity for profit; [and]
(b) The activities of a natural person which are deemed to be a business pursuant to NRS 364A.120 [.] ; and
(c) A trade show or convention held in this state in which a business described in paragraph (a) or (b) takes part, or which a person who conducts such a business attends, for a purpose related to the conduct of the business.
2. The term includes an independent contractor.
3. The term does not include:
(a) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c); or
(b) A governmental entity.
Sec. 5. NRS 364A.130 is hereby amended to read as follows:
364A.130 1. [A] Except as otherwise provided in subsection 6 and section 3 of this act, a person shall not conduct a business in this state unless he has a business license issued by the department.
2. The application for a business license must:
(a) Be made upon a form prescribed by the department;
(b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business;
(c) Declare the estimated number of employees for the previous calendar quarter;
κ1993 Statutes of Nevada, Page 2423 (CHAPTER 582, AB 456)κ
(d) Be accompanied by a fee of $25; and
(e) Include any other information that the department deems necessary.
3. The application must be signed by:
(a) The owner, if the business is owned by a natural person;
(b) A member or partner, if the business is owned by an association or partnership; or
(c) An officer or some other person specifically authorized to sign the application, if the business is owned by a corporation.
4. If the application is signed pursuant to paragraph (c) of subsection 3, written evidence of the signers authority must be attached to the application.
5. For the purposes of this chapter, a person shall be deemed to conduct a business in this state if a business for which the person is responsible:
(a) Is incorporated pursuant to chapter 78 or 78A of NRS;
(b) Has an office or other base of operations in this state; or
(c) Pays wages or other remuneration to a natural person who performs in this state any of the duties for which he is paid.
6. A person who takes part in a trade show or convention held in this state for a purpose related to the conduct of a business is not required to obtain a business license specifically for that event.
Sec. 6. 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 the [following] month immediately following the quarter on the basis of the [average number of employees] total number of equivalent full-time employees employed by the business in the quarter.
2. [Except as otherwise provided in NRS 364A.150, the average number of employees for a quarter] The total number of equivalent full-time employees employed by the business in the 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.] pursuant to NRS 364A.150.
3. Except as otherwise provided in NRS 364A.170 [,] and section 2 of this act, the amount of tax due per quarter for a business is $25 for each [employee.] equivalent full-time employee employed by the business in the quarter.
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] equivalent full-time employees employed by the business in the preceding quarter and any other information the department determines is necessary.
5. [For the purposes of this section 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.
κ1993 Statutes of Nevada, Page 2424 (CHAPTER 582, AB 456)κ
unincorporated business, who shall be deemed the owner of the business rather than an employee.
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.
Sec. 7. NRS 364A.150 is hereby amended to read as follows:
364A.150 1. [A business may elect to pay the tax imposed by NRS 364A.140 on the basis of the average number of employees determined pursuant to the provisions of this section in lieu of the provisions of subsection 2 of NRS 364A.140. The election must be made on or before the date the first payment of the fiscal year is made. An election made pursuant to this subsection applies for all four payments due during the fiscal year in which the election is made.
2. If a business elects to pay the tax pursuant to the provisions of this section, the total dollar amount of the payroll of the employer for the calendar quarter upon which the tax is based must be divided by the average wage factor for the fiscal year to determine the average number of employees of the business. The amount of tax due pursuant to subsection 3 of NRS 364A.140 must be calculated based upon the average number of employees determined pursuant to this subsection.
3. The average wage factor for fiscal year 1991-1992 is $3,120. The factor must be cumulatively increased or decreased by the department for each fiscal year by a percentage equal to the percentage change in the Consumer Price Index for the preceding calendar year.
4. If 50 percent or more of the employees of a business average working 20 hours or less per week, the business may petition the executive director to allow it to prove that it pays a substantially higher average wage than the average wage factor for the fiscal year to which the petition applies for the purposes of determining its number of employees pursuant to this section. The business shall pay the tax based upon the average wage factor for the fiscal year pending the determination of the petition. An adverse decision of the executive director may be appealed to the commission. The decision of the commission is a final decision. If the executive director, or the commission upon appeal, determines that the business meets the requirements of this subsection, the business may apply the formula set forth in subsection 2 using the higher wage approved for the business pursuant to this subsection in place of the average wage factor. The number of employees determined pursuant to the provisions of this subsection must be multiplied by 1.33 before it is used to determine the amount of tax due for the calendar quarter pursuant to subsection 3 of NRS 364A.140.
5. The commission shall adopt regulations that provide for the development of average wage factors for businesses that are primarily engaged in the business of providing temporary or continuing employees to other businesses on a contract or fee basis. The regulations must ensure the development of average wage factors that equitably tax all such businesses and result in the payment by each business of an amount of tax that is approximately equal to comparable businesses of other types.
κ1993 Statutes of Nevada, Page 2425 (CHAPTER 582, AB 456)κ
average wage factors that equitably tax all such businesses and result in the payment by each business of an amount of tax that is approximately equal to comparable businesses of other types. The commission may require such additional information from these businesses as it deems necessary to carry out the provisions of this subsection.] The total number of equivalent full-time employees employed by a business in a quarter must be calculated by dividing the total number of hours all employees have worked during the quarter by 468.
2. To determine the total number of hours all employees have worked during the quarter, the business must add the total number of hours worked by full-time employees based in this state during the quarter to the total number of hours worked by part-time employees based in this state during the quarter and to the total number of hours worked in this state by employees described in subsection 6. A full-time employee is a person who is employed to work at least 36 hours per week. All other employees are part-time employees. An occasional reduction in the number of hours actually worked in any week by a particular employee, as the result of sickness, vacation or other compensated absence, does not affect his status for the purposes of this section if his regular hours of work are 36 or more per week. All hours for which a part-time employee is paid must be included.
3. The total number of hours worked by full-time employees of a business during the quarter may be calculated by:
(a) Determining from the records of the business the number of hours each full-time employee has worked during the quarter up to a maximum of 468 hours per quarter and totaling the results; or
(b) Multiplying 7.2 hours by the number of days each full-time employee was employed by the business up to a maximum of 65 days per quarter and totaling the results.
4. The total number of hours worked by part-time employees of a business during the quarter must be calculated by determining from the records of the business the number of hours each part-time employee has worked during the quarter and totaling the results.
5. The total number of hours all employees have worked during the quarter must be calculated excluding the hours worked by a sole proprietor or one natural person in any unincorporated business, who shall be deemed the owner of the business rather than an employee.
6. To determine the total number of hours all employees have worked during the quarter, in the case of a business which employs a natural person at a base or business location outside Nevada, but directs that person to perform at least some of his duties in Nevada, the calculation must include the total number of hours actually worked by that person in Nevada during the quarter. To calculate the number of hours worked in Nevada, the formula in paragraph (b) of subsection 3 must be used for full-time employees, and the formula in subsection 4 must be used for part-time employees.
Sec. 8. Section 1 of Senate Bill No. 550 of this session is hereby amended to read as follows:
Section 1. Chapter 364A of NRS is hereby amended by adding thereto a new section to read as follows:
κ1993 Statutes of Nevada, Page 2426 (CHAPTER 582, AB 456)κ
1. To the extent allowed in subsection 2, there is exempted from the taxes imposed by this chapter the activity or activities conducted by a business pursuant to a written contract for the construction of an improvement to real property which was executed before July 1, 1991, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax imposed by this chapter.
2. [If an employee of such a business performs work pursuant to:
(a) A contract which is exempt pursuant to subsection 1 and does not perform work on any contract which is not exempt within the same calendar month, he must not be included in the number of employees for purposes of calculating the tax for that month pursuant to NRS 364A.140 or 364A.150.
(b) Both exempt and nonexempt contracts within the same calendar month, he must be included in the number of employees for purposes of calculating the tax for that month pursuant to NRS 364A.140 or 364A.150.] The number of hours in a quarter during which an employee actually worked exclusively on a job under a contract which is exempt pursuant to subsection 1 must be excluded in any calculations for that employee made pursuant to the formulas for determining the total number of hours of all employees pursuant to subsections 3 and 4 of NRS 364A.150. If the number of hours an employee worked in each week of the quarter, excluding the exempt hours and including any hours of compensated leave, does not exceed 36 hours per week, the employees total hours for the quarter must be calculated pursuant to subsection 4 of NRS 364A.150. In all other cases the hours must be calculated pursuant to subsection 3 of NRS 364A.150. If the business does not maintain records which allow the hours worked on separate contracts to be segregated, all hours worked by any employee who works on jobs under both exempt and nonexempt contracts must be included in the calculations made pursuant to NRS 364A.150.
Sec. 9. Sections 2 and 3 of Senate Bill No. 550 of this session are hereby repealed.
Sec. 10. A person or governmental entity that operates a facility at which one or more trade shows or conventions, or both, are held must not be required to comply with the provisions of paragraph (b) of subsection 3 of section 2 of this act for the last half of fiscal year 1993-1994 if the person or entity pays a fee of $2,500 to the department on or before January 7, 1994.
Sec, 11. This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 1994, for all other purposes.
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κ1993 Statutes of Nevada, Page 2427κ
Assembly Bill No. 444Assemblyman Spitler
CHAPTER 583
AN ACT relating to hospitals; authorizing a hospital to bill a patient at the contracted rate if that rate is different than the itemized charges; authorizing certain major hospitals to increase the price of items on their charge masters during the ensuing biennium; revising the circumstances under which a major hospital may request approval to increase the prices in its charge master; 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 449.243 is hereby amended to read as follows:
449.243 Every hospital licensed pursuant to the provisions of NRS 449.001 to 449.240, inclusive:
1. May, except as otherwise provided in subsection 2, utilize the Uniform Billing and Claims Forms established by the American Hospital Association.
2. Shall, except as otherwise provided in this subsection, on its billings to patients, itemize, on a daily basis, all charges for services, equipment, supplies and medicines and describe those charges with specificity and in language that is understandable to an ordinary lay person. This itemized billing must be timely provided after the patient is discharged at no additional cost. If the patient is charged a rate, pursuant to a contract or other agreement, that is different than the billed charges, the bill may instead specify the agreed rate for the services, equipment, supplies and medicines. The hospital shall answer any questions regarding the bill.
3. Shall prepare a summary of charges for common services for patients admitted to the hospital and make it available to the public.
Sec. 2. Section 21 of chapter 706, Statutes of Nevada 1991, at page 2338, is hereby amended to read as follows:
Sec. 21. 1. As used in this section:
(a) Charge master means the uniform list of billed charges described in NRS 439B.400, except that the term includes the uniform list of billed charges for units of service or goods provided on an outpatient basis.
(b) Department means the department of human resources.
(c) Director means the director of the department.
(d) Hospital has the meaning ascribed to it in NRS 439B.110.
(e) Major hospital means a hospital which has 200 or more licensed or approved beds, or any hospital in a group of affiliated hospitals in a county which have a combined total of 200 or more licensed or approved beds, that is not operated by a federal, state or local governmental agency.
(f) New major hospital means a hospital that becomes a major hospital, as defined in paragraph (e), on or after July 1, 1991.
(g) Revenue neutral means a change in price made by a hospital that neither increases nor decreases the gross revenue of the hospital.
κ1993 Statutes of Nevada, Page 2428 (CHAPTER 583, AB 444)κ
2. On or before July 1, 1991, each major hospital shall submit to the department a complete charge master for the hospital that will be effective on July 1, 1991. The charge master must be submitted on a computer medium in a form acceptable to the director.
3. Except as otherwise provided in subsections 4 to [8,] 9, inclusive, during the period from July 1, 1991, through June 30, 1995, no major hospital may:
(a) Raise the unit price of any item in its charge master.
(b) Modify the unit to which a price applies unless the change is revenue neutral.
(c) Replace an existing item in the charge master with a different item or add a new item to its charge master unless the price for the different or new item is approved by the director.
4. The director shall by regulation establish a procedure and standards for approving charges for items that:
(a) Are not stated in the charge master;
(b) Represent special equipment, supplies or medication ordered by a physician; and
(c) Are not standard items that the hospital regularly provides,
and for such other unique or unusual items as the director prescribes by regulation. The director shall allow a hospital to use the rate formula that the hospital has in effect on July 1, 1991, for determining charges for such items.
5. A major hospital shall notify the department in writing of any modification pursuant to paragraph (b) of subsection 3 or the replacement or addition of an item pursuant to paragraph (c) of subsection 3 not less than 10 days, excluding Saturdays, Sundays and legal holidays, after the modification, replacement or addition. The hospital shall submit with the notice documentation that:
(a) The modification is revenue neutral; or
(b) The different or additional item is priced at a level that reflects the same rate of return on the item as the hospital receives on comparable items or received on an item being replaced.
6. If the director determines that a modification pursuant to paragraph (b) of subsection 3 is not revenue neutral or that a replacement or addition pursuant to paragraph (c) of subsection 3 exceeds the level allowed pursuant to paragraph (b) of subsection 5, he shall disapprove the proposed charge and notify the hospital of the charge he will allow for the items disapproved. The hospital shall charge the amount approved by the director and shall credit the bill of any patient charged the amount disapproved the difference between the approved charge and the actual charge within 20 days, excluding Saturdays, Sundays and legal holidays, after receiving notice of the disapproval. If the director does not give notice of disapproval pursuant to this subsection within 20 days, excluding Saturdays, Sundays and legal holidays, after receiving notice of the modification, replacement or addition, the modification, replacement or addition shall be deemed approved.
7. If any new state or federal taxes are imposed on hospitals between July 1, 1991, and June 30, 1992, except the tax imposed on hospitals pursuant to section 13 of this act and the tax imposed pursuant to section 16 of this act, a major hospital may increase the prices in its charge master by an amount that will generate net revenue sufficient to recover the amount of the added expense.
κ1993 Statutes of Nevada, Page 2429 (CHAPTER 583, AB 444)κ
pursuant to section 13 of this act and the tax imposed pursuant to section 16 of this act, a major hospital may increase the prices in its charge master by an amount that will generate net revenue sufficient to recover the amount of the added expense. Prices may be increased pursuant to this subsection only to compensate for new taxes. Prices must not be increased to correspond with increases in existing taxes, or a modification, reconfiguration or replacement of existing taxes which results in an increased tax burden on a hospital. The director shall by regulation establish the mechanism for carrying out the increase allowed by this subsection.
8. At any time during the fiscal years 1992-93, 1993-94 and 1994-95, a major hospital may increase the price of any item on its charge master by a percentage up to the percentage increase, if any, in the Consumer Price Index (Medical Care Component for All Urban Consumers) as published by the Bureau of Labor Statistics of the United States Department of Labor for the most recent 12-month period for which information is available at the time the notice of the allowable increase is given pursuant to subsection [9.] 10. A hospital shall notify the director in writing within 10 days, excluding Saturdays, Sundays and legal holidays, after making an increase allowed by this subsection. In addition to the increases authorized by this subsection, a hospital may modify the unit to which a price applies, replace an existing item in the charge master with a different item or add a new item to its charge master during the fiscal years 1992-93, 1993-94 and 1994-95 in the manner provided in subsections 5 and 6.
9. In addition to the increase allowed pursuant to subsection 8, if the net revenue per admission in a major hospital has decreased by at least 4 percent between the base period of July 1, 1989, to June 30, 1990, and the period from July 1, 1992, to March 31, 1993, the major hospital may increase the price of any item on its charge master by not more than an additional 4 percent at any time during fiscal year 1993-94 and 1994-95. A hospital shall notify the director in writing within 10 working days after making an increase allowed by this subsection.
10. On or before May 1, 1992, May 1, 1993, and May 1, 1994, the director shall notify each major hospital of the permissible percentage increase in each item in its charge master for the succeeding fiscal year.
[10.] 11. A major hospital shall submit to the department upon request by the director a detailed listing of charges by the identification code used in the hospitals charge master for any inpatient admission or outpatient visit on a computer medium in a form acceptable to the director.
[11.] 12. A new major hospital shall submit to the director a complete charge master for the hospital at least 60 days before becoming a major hospital. The charge master must be submitted on a computer medium in a form acceptable to the director. The director shall review, revise as appropriate, and approve the prices in the charge master based upon the prevailing charges in the area in which the new major hospital is located. After approval of the charge master, the hospital is subject to the provisions of this section to the same extent as other major hospitals.
κ1993 Statutes of Nevada, Page 2430 (CHAPTER 583, AB 444)κ
The director shall adopt regulations governing the approval of a charge master pursuant to this subsection.
[12.] 13. A major hospital which considers its financial condition so weakened that the quality of care provided by the hospital is seriously jeopardized by any provision of this act , or considers that its financial condition is adversely affected by any other governmental action, may request approval to increase the prices in its charge master by submitting a written request for the increase and supporting documentation to the director. The director shall consider the potential impact on the quality of care provided by the hospital and the probability that failure to grant relief would cause financial instability. The director may approve the request, or revise and approve the request, if he determines that such approval is necessary to ensure the ability of the hospital to provide adequate care to its patients.
[13.] 14. A hospital that submits its charge master for approval pursuant to subsection [11] 12 or requests an increase in its prices pursuant to subsection [12] 13 shall pay the department a fee for its review of the charge master or the request. The director shall by regulation establish rates or fees for the departments review of the charge master or the request.
[14.] 15. A hospital shall not:
(a) Raise a unit price in its charge master unless authorized pursuant to this section;
(b) Charge a patient a higher price for any item than the price stated in the charge master or otherwise authorized pursuant to this section; or
(c) Except as authorized pursuant to subsection 4, charge a patient for any item not included in its charge master without seeking the approval of the director as required by subsections 5 and 6.
[15.] 16. The director may compare a major hospitals actual charges with the charges authorized pursuant to this section to determine whether the hospitals charges are in compliance with the provisions of this section. If the director determines that a hospital has engaged in a pattern of violations or committed an egregious violation of any provision of this section, he may impose an administrative penalty on the hospital of not more than:
(a) Two times the difference between the price charged in violation of this section and the allowable price, for each instance in which that item is billed; or
(b) One thousand dollars,
whichever is greater.
[16.] 17. The director may adopt such regulations as he considers necessary to carry out the provisions of this section.
Sec. 3. This act becomes effective on July 1, 1993.
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κ1993 Statutes of Nevada, Page 2431κ
Assembly Bill No. 442Committee on Government Affairs
CHAPTER 584
AN ACT relating to counties; requiring a county hiring or appointing a permanent resident of the United States to obtain certain documentation; requiring deputies of certain county officers to be at least 18 years of age; making various changes to the provisions governing the appointment and removal of a deputy of a county treasurer; 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 245 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of county commissioners, a county officer and any other person acting on behalf of a county shall not hire or appoint as an employee any person who has been lawfully admitted for permanent residency in the United States, unless the person hired or appointed has provided the county with the documentation required by 8 U.S.C. § 1324a(b).
Sec. 2. NRS 246.030 is hereby amended to read as follows:
246.030 1. All county clerks are authorized to appoint deputies, who [shall have power] are authorized to transact all official business appertaining to the office, to the same extent as their principals. A deputy must be at least 18 years of age.
2. County clerks [shall be] are responsible on their official bonds for all official malfeasance or nonfeasance of [the same.] their deputies. Bonds for the faithful performance of their official duties may be required of deputies by county clerks.
3. All appointments of deputies under the provisions of this section [shall] must be in writing, and [shall,] 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 principal legally holds and exercises his office. Revocations of such appointments [shall] must also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.
Sec. 3. NRS 247.040 is hereby amended to read as follows:
247.040 1. All county recorders are authorized to appoint deputies, who [shall have power] are authorized to transact all official business appertaining to the office, to the same extent as their principals. A deputy must be at least 18 years of age.
2. County recorders [shall be] are responsible on their official bonds for all official malfeasance or nonfeasance of [the same.] their deputies. Bonds for the faithful performance of their official duties may be required of deputies by county recorders.
3. All appointments of deputies under the provisions of this section [shall] must be in writing, and [shall,] 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 county recorder legally holds and exercises his office.
κ1993 Statutes of Nevada, Page 2432 (CHAPTER 584, AB 442)κ
holds and exercises his office. Revocations of such appointments [shall] must also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.
Sec. 4. NRS 249.060 is hereby amended to read as follows:
249.060 1. County treasurers may appoint one or more deputies, and may take from them bond with sureties. [They shall have power to remove their deputies at pleasure.] A deputy must be at least 18 years of age. Every county treasurer and his sureties [shall be] are liable for every official act of his deputies.
2. Any county treasurer may authorize his deputy or deputies to transact any official business pertaining to the office of county treasurer in the same manner as the county treasurer.
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 county treasurer legally holds and exercises his office. Revocations of such appointments must also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.
Sec. 5. NRS 250.060 is hereby amended to read as follows:
250.060 1. All county assessors are authorized to appoint deputies, who [shall have power] are authorized to transact all official business appertaining to the offices, to the same extent as the county assessors. A deputy must be at least 18 years of age.
2. County assessors [shall be] are responsible on their official bonds for all official malfeasance or nonfeasance of [the same.] their deputies. Bonds for the faithful performance of their official duties may be required of deputies by county assessors.
3. All appointments of deputies under the provisions of this section [shall] must be in writing, and [shall,] 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 county assessor legally holds and exercises his office. Revocations of such appointments [shall] must also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.
________
κ1993 Statutes of Nevada, Page 2433κ
Assembly Bill No. 379Assemblymen Chowning, Toomin, Humke, Hettrick, Haller, Carpenter, Petrak, Segerblom, Collins, Giunchigliani, Price, Marvel, Dini, Perkins, Heller, Myrna Williams, Tiffany, Evans, Ernaut, de Braga, Gregory, Bonaventura, Augustine, Bache, Anderson, McGaughey, Smith, Freeman, Regan, Neighbors, Bennett, Kenny and Schneider
CHAPTER 585
AN ACT relating to motor vehicles; prohibiting the use of certain material that reduces the light transmission of a windshield or other front window; authorizing the adoption of exceptions and exemptions; requiring persons who install such material to display conspicuously a notice of the statutory limitations upon the use of such material; 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 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. As used in this section, unless the context otherwise requires, light transmission means the ratio of the amount of light which is allowed to pass through a product or material to the amount of light which falls on it.
2. Except as otherwise provided in subsections 3, 4 and 5 a person shall not:
(a) Place, install, affix or apply upon the windshield or any side or rear window of a motor vehicle which is required to be registered in this state; or
(b) Operate on any highway a motor vehicle required to be registered in this state on which there has been placed, installed, affixed or applied upon the windshield or any side or rear window of the motor vehicle,
any transparent material which alters the color or reduces the light transmission of the windshield or side or rear window.
3. The prohibition set forth in subsection 2 does not apply to:
(a) A window that is to the immediate right or left of the driver if the window is:
(1) Nonreflective; and
(2) Has a total light transmission through the combination, if any, of transparent material and safety glazing of not less than 35 percent with a tolerance of 7 percent.
(b) A side window that is to the rear of the driver, or a rear window, if the vehicle has outside mirrors on each side that are located so as to reflect to the driver a view of the highway through each mirror for a distance of not less than 200 feet to the rear of the vehicle.
(c) Any transparent material that is installed, affixed or applied to the topmost portion of the windshield if:
(1) The bottom edge of the material is not less than 29 inches above the undepressed drivers seat when measured from a point 5 inches in front of the bottom of the backrest with the drivers seat in its rearmost and lowermost position with the vehicle on a level surface; and
(2) The material is not read or amber in color.
κ1993 Statutes of Nevada, Page 2434 (CHAPTER 585, AB 379)κ
4. The prohibition set forth in paragraph (b) of subsection 2 does not apply to a motor vehicle with a model year of 1993 or older, if transparent material was placed, installed, affixed or applied upon the windshield or any side or rear window of the motor vehicle before the effective date of this act.
5. This section does not prohibit the operation or sale of a motor vehicle which has a windshield or windows that are covered by or treated with any material, if the vehicle was sold when new or could have been sold when new with such material as standard or optional equipment without violating any federal statute or regulation governing the sale at the time of manufacture.
6. The director may, by regulation, provide for exemptions and exceptions from the provisions of subsection 2.
7. For the purposes of NRS 483.473, a violation of subsection 2 is not a moving traffic violation.
Sec. 2. NRS 484.453 is hereby amended to read as follows:
484.453 1. A person shall not drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the drivers control over the driving mechanism of the vehicle.
2. A passenger in a vehicle shall not ride in such position as to interfere with the drivers view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
3. [A vehicle shall] Except as otherwise provided in section 1 of this act, a vehicle must not be operated upon any highway unless the drivers vision through any required glass equipment is normal.
Sec. 3. Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:
It is unlawful for a person, for compensation, to place, install, affix or apply upon the windshield or side or rear window of a motor vehicle any transparent material which alters the color or reduces the light transmission of the windshield or side or rear window unless he displays conspicuously in those areas of his place of business frequented by persons seeking such services a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:
STATE LAW PROHIBITS THE PLACEMENT OF ANY MATERIAL ON A WINDSHIELD OR SIDE OR REAR WINDOW WHICH ALTERS THE COLOR OR REDUCES THE LIGHT TRANSMISSION OF THE WINDSHIELD OR ANY SIDE OR REAR WINDOW OF A MOTOR VEHICLE, EXCEPT THAT THIS PROHIBITION DOES NOT APPLY TO:
1. A WINDOW THAT IS TO THE IMMEDIATE RIGHT OR LEFT OF THE DRIVER IF THE WINDOW IS:
(A) NONREFLECTIVE; AND
(B) HAS A TOTAL LIGHT TRANSMISSION THROUGH THE COMBINATION, IF ANY, OF TRANSPARENT MATERIAL AND SAFETY GLAZING OF NOT LESS THAN 35 PERCENT WITH A TOLERANCE OF 7 PERCENT.
2. A SIDE WINDOW THAT IS TO THE REAR OF THE DRIVER, OR A REAR WINDOW, IF THE VEHICLE HAS OUTSIDE MIRRORS ON EACH SIDE THAT ARE LOCATED SO AS TO REFLECT TO THE DRIVER A VIEW OF THE HIGHWAY THROUGH EACH MIRROR FOR A DISTANCE OF NOT LESS THAN 200 FEET TO THE REAR OF THE VEHICLE.
κ1993 Statutes of Nevada, Page 2435 (CHAPTER 585, AB 379)κ
OF THE HIGHWAY THROUGH EACH MIRROR FOR A DISTANCE OF NOT LESS THAN 200 FEET TO THE REAR OF THE VEHICLE.
3. ANY TRANSPARENT MATERIAL THAT IS INSTALLED, AFFIXED OR APPLIED TO THE TOPMOST PORTION OF THE WINDSHIELD IF:
(A) THE BOTTOM EDGE OF THE MATERIAL IS NOT LESS THAN 29 INCHES ABOVE THE UNDEPRESSED DRIVERS SEAT WHEN MEASURED FROM A POINT 5 INCHES IN FRONT OF THE BOTTOM OF THE BACKREST WITH THE DRIVERS SEAT IN ITS REARMOST AND LOWERMOST POSITION WITH THE VEHICLE ON A LEVEL SURFACE; AND
(B) THE MATERIAL IS NOT RED OR AMBER IN COLOR.
Sec. 4. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 378Assemblymen Humke, Dini, Hettrick, Marvel, Regan, Tiffany, Gregory, Ernaut, Chowning, Collins, McGaughey, Schneider, Carpenter, Petrak, Toomin, Heller, Augustine, Neighbors, Arberry, Spitler, Lambert, Gibbons, Smith, Porter, Garner, Perkins, Giunchigliani, Haller, Bennett, Segerblom, Wendell Williams, Price, de Braga, Myrna Williams and Bonaventura
CHAPTER 586
AN ACT relating to transportation; directing the legislative commission to conduct an interim study concerning the financing of the construction, maintenance and repair of highways and roads in this state; providing an appropriation; and providing other matters properly relating thereto.
[Approved July 12, 1993]
whereas, The present tax and funding structure for highways in the State of Nevada has been eroded because of more fuel-efficient vehicles and the instability of available federal money; and
whereas, The department of transportation has reported a significant shortfall in its ability to meet its long-term plan for the construction and maintenance of highways and roads in this state; and
whereas, The need for the repair and maintenance of these highways and roads has been escalated because of the growth of population, the expansion of businesses and the increase in the use of our highways for interstate travel; and
whereas, The present tax and fee structure for funding highway construction, maintenance and repair lacks stability and has become inadequate in addressing this critical component of the states infrastructure; now, therefor, THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
κ1993 Statutes of Nevada, Page 2436 (CHAPTER 586, AB 378)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The legislative commission shall appoint a committee to conduct an interim study concerning the financing of the construction, maintenance and repair of highways and roads in this state.
2. The committee must consist of:
(a) Four members of the Senate, with two members appointed from the standing committee on transportation and two members appointed from the standing committee on taxation; and
(b) Four members of the Assembly, with two members appointed from the standing committee on transportation and two members appointed from the standing committee on taxation.
Sec. 2. 1. The committee may appoint an advisory committee consisting of members of the general public as necessary to carry out the study. The committee shall not appoint any person to the advisory committee who has:
(a) A substantial financial interest in, or whose employment involves, the construction, maintenance or repair of highways or roads in this state; or
(b) A substantial financial interest in, or connection to, any business or industry involving transportation on the highways of this state which, because of its substantial use of these highways or the weight of its vehicles, may be subject to pay substantially more than the general public in fees and taxes imposed to finance the construction, maintenance or repair of these highways.
2. The members of the advisory committee serve without salary, but are entitled, for attendance at a meeting of the committee created pursuant to this section or section 1 of this act, to payment from the legislative fund for the per diem allowances and travel expenses provided to state officers and employees generally.
Sec. 3. 1. The study must be completed on or before September 1, 1994.
2. The legislative commission shall report the results of the study and any recommended legislation to the 68th session of the Nevada legislature.
Sec. 4. 1. There is hereby appropriated from the state highway fund to the legislative fund the sum of $15,000, which may be used only to carry out the provisions of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1995, and reverts to the state highway fund as soon as all payments of the money committed have been made.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 2437κ
Assembly Bill No. 374Assemblymen Price, Collins, de Braga, Regan, Perkins, Petrak, Bonaventura, Wendell Williams, Arberry, Toomin, Haller, Chowning, Bache, Anderson, Evans, Smith, Freeman, Giunchigliani, Neighbors, Segerblom and Myrna Williams
CHAPTER 587
AN ACT relating to industrial insurance; authorizing certain providers of health care to form an organization for managed care under a common agreement; requiring the evaluation and regulation of such agreements; authorizing public agencies and nonprofit medical facilities to enter into cooperative agreements concerning industrial insurance; making various changes to the provisions of Senate Bill No. 316 of this session; 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 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 3 and 4 of this act, unless the context otherwise requires:
1. Common agreement means a contract between two or more providers of health care to form an organization for managed care to provide comprehensive medical and health care services pursuant to a contract entered into with the manager in accordance with section 75 of Senate Bill No. 316 of this session.
2. Provider of health care means a:
(a) Health facility, as defined in NRS 439A.015; or
(b) A practitioner, as defined in NRS 439A.0195.
Sec. 3. 1. Two or more licensed providers of health care who wish to organize a group of providers of health care to enter into a common agreement may apply to the commissioner for a preliminary permit by submitting to the commissioner:
(a) An application on a form prescribed by the commissioner which must include the names and addresses of the organizers and any other information that the commissioner determines necessary;
(b) An affidavit signed by the organizers stating that the only purpose of communication among them is to discuss forming an organization for managed care to provide comprehensive medical and health care services pursuant to a common agreement; and
(c) A nonrefundable application fee of $100.
2. Upon receipt of an application made pursuant to subsection 1, the commissioner shall review the information submitted and issue a preliminary permit within 30 days after receipt of a complete application and all other information and the fee required by subsection 1.
3. A preliminary permit authorizes the organizers to whom the permit is issued to discuss forming an organization for managed care to provide comprehensive medical and health care services pursuant to a common agreement with other providers of health care for 1 year after the date of the issuance of the permit.
κ1993 Statutes of Nevada, Page 2438 (CHAPTER 587, AB 374)κ
4. A preliminary permit issued pursuant to this section may be renewed by the commissioner for additional 1-year periods upon receipt of:
(a) An application for renewal submitted on a form prescribed by the commissioner which includes such information as the commissioner determines necessary; and
(b) A fee of $100.
Sec. 4. 1. Two or more licensed providers of health care may apply to the commissioner for a permit to form an organization for managed care to provide comprehensive medical and health care services pursuant to a common agreement by submitting to the commissioner:
(a) An application on a form prescribed by the commissioner which must include the names and addresses of all providers of health care who are included in the agreement and any other information that the commissioner determines necessary;
(b) A copy of the proposed agreement; and
(c) A nonrefundable application fee of $500.
2. Upon receipt of an application made pursuant to subsection 1, the commissioner shall review the information submitted and issue a permit if he finds that:
(a) The stated purpose of the agreement is to form an organization for managed care to provide comprehensive medical and health care services under a common agreement;
(b) Only licensed providers of health care are included in the agreement;
(c) The concentration of health care services represented in the common agreement will not adversely affect competition among the organizations currently providing or indemnifying or arranging for health care services;
(d) None of the providers of health care will be required under the agreement to be compensated or reimbursed at an amount less than reasonably necessary to defray the cost of the services provided; and
(e) The requirements of subsection 1 have been met.
3. A permit issued pursuant to this section authorizes the providers of health care to whom the permit is issued to form an organization for managed care to provide comprehensive medical and health care services pursuant to the common agreement for 1 year after the date of the issuance of the permit.
4. A permit issued pursuant to this section may be renewed by the commissioner for additional 1-year periods upon receipt of:
(a) An application for renewal submitted on a form prescribed by the commissioner which includes such information as the commissioner determines necessary; and
(b) A fee of $500.
5. If the providers of health care included in a common agreement wish to modify any provision of the agreement, including the addition of providers of health care, they shall submit an application for modification to the commissioner on a form prescribed by the director with a nonrefundable application fee of $100. If the modification would result in an agreement which meets the requirements of this section, the commissioner shall approve the modification. The commissioner shall approve or deny an application for the modification of an agreement within 60 days after receipt of a complete application and the required fee.
κ1993 Statutes of Nevada, Page 2439 (CHAPTER 587, AB 374)κ
6. If, after a public hearing on the matter, the commissioner finds that a change in the conditions in the marketplace has occurred which has rendered an agreement restrictive to competition in the provision of health care services, the commissioner shall revoke the permit for the agreement. Any such revocation becomes effective 60 days after the commissioner provides notice of the decision to the providers of health care included in the agreement.
7. The revocation of an agreement pursuant to subsection 6 is a final decision for the purposes of judicial review.
Sec. 5. If the manager enters into a contract with one or more organizations for managed care to provide comprehensive medical and health care services to injured employees whose employers are insured by the system, an employer insured by the system may select the organization for managed care in whose plan he wishes to participate if the selection is made in a manner prescribed by the manager that ensures compliance with the statutory limitations set forth in this chapter.
Sec. 6. NRS 616.380 is hereby amended to read as follows:
616.380 1. In addition to the authority given the manager to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the manager:
(a) Shall apply that form of rating system which, in his judgment, is best calculated to rate each individual risk more equitably, predicated upon the basis of the employers individual experience;
(b) Shall adopt equitable regulations controlling the rating of each risk, which regulations, however, must conserve to each risk the basic principles of industrial insurance; and
(c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.
2. The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate, additional charge of premiums or payment of dividends must be in the discretion of the manager.
3. The rating system provided by this section is subject to the following further limitations:
(a) All studies conducted by the manager to determine the adequacy of rate levels and the equity of rates among classifications must be conducted in the presence of an actuary designated by the commissioner.
(b) The manager shall file revised premium rates, revised classifications of employment and changes of the multiplier applied generally to classes of risk with the commissioner and give written public notice to the employers affected by the changes at least:
(1) Sixty days before the effective date of any projected change in premiums or projected change of multiplier; and
(2) Thirty days before the effective date of any change decided upon.
The commissioner shall review the revised rates and classifications and advise the manager of the changes which are not consistent with NRS 686B.050 and 686B.060.
(c) Any employer affected by a change in a revised premium rate or a revised classification of employment may request the commissioner to hold a hearing before the effective date of the change.
κ1993 Statutes of Nevada, Page 2440 (CHAPTER 587, AB 374)κ
hearing before the effective date of the change. At the hearing, the commissioner shall consider the objections raised by any party appearing at the hearing. An employer may not appeal a decision of the commissioner concerning a revised premium rate or a revised classification of employment to the manager.
(d) Premium rates must not be fixed at a level higher than that required to:
(1) Pay the obligations created by this chapter and associated administrative expenses.
(2) Provide for a reasonable reserve for claims.
(3) Provide for contingencies such as a catastrophe, economic change, change in judicial interpretations of the law, legislative amendments of the law, deficiencies in the reserve and other events which cannot be predicted accurately and could endanger the solvency of the fund.
The commissioner may order the manager to make any adjustments necessary to meet the requirements of this paragraph.
4. In determining and fixing premium rates, the manager may establish a varying schedule of rates for workers who are in the classification of employment designated as construction which reflects the varying hourly rates of wages paid to such workers.
5. Subsections 2 and 3 do not apply to a rating plan made by voluntary agreement between the manager and an employer which increases or reduces premiums for the employer. The voluntary rating plan may be retrospective in nature. A voluntary rating plan must be in writing and signed by the manager and the employer.
6. The manager shall adopt by regulation a plan for reviewing employers insured by the system who have excessive losses, as defined by the plan, in order to encourage those employers to pay for their losses and correct their loss experience. The plan [may] :
(a) Must identify an employer with excessive losses as an employer:
(1) Whose incurred losses exceeded his manual premium in:
(I) The two most recent fiscal years of his period of experience; or
(II) The most recent fiscal year of his period of experience and in 2 of the 3 fiscal years preceding that fiscal year; and
(2) Who paid a premium in a minimum amount to be established by the manager in each of the fiscal years in which his losses exceeded his manual premium pursuant to subparagraph (1).
(b) May include requirements for:
[(a)] (1) The payment of surcharges by such an employer;
[(b)] (2) Mandatory retrospective rating plans;
[(c)] (3) An increase in the amount of the deductible required to be paid by such an employer pursuant to subsection 1 of section 73 of [this act;
(d)] Senate Bill No. 316 of this session;
(4) Changes in the limitations placed on the experience modification plan for such an employer; or
[(e)] (5) Any combination of [paragraphs (a), (b), (c) and (d).] subparagraphs (1), (2), (3) and (4).
The plan must include procedures for the termination of an employers participation in the plan when the employer has corrected his excessive loss experience.
κ1993 Statutes of Nevada, Page 2441 (CHAPTER 587, AB 374)κ
experience. The commissioner shall review the plan adopted pursuant to this subsection.
Sec. 7. NRS 616.5422 is hereby amended to read as follows:
616.5422 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.
2. If a dispute is required to be submitted to a procedure for resolving complaints pursuant to section 79 of [this act] Senate Bill No. 316 of this session and:
(a) A final decision was rendered pursuant to that procedure; or
(b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,
[the employee or, in the event of his death, his dependent] any party to the dispute may file a notice of appeal within 70 days after the date on which the final decision was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written decision within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.
3. The filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a decision rendered pursuant to section 79 of [this act.] Senate Bill No. 316 of this session. The appeals officer may order a stay, when appropriate, upon the application of a party.
4. The appeals officer shall, within 10 days after receiving a notice of appeal pursuant to this section or a contested claim pursuant to subsection 5 of NRS 616.5412, schedule a hearing for a date and time within 90 days after his receipt of the notice and give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled. A request to schedule the hearing for a date and time within 60 days after the receipt of the notice of appeal or contested claim may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.
5. An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.
6. Failure to file a notice of appeal within the period specified in subsection 1 or 2 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the decision and the forms necessary to appeal the decision. The claimant, employer or insurer shall notify the hearing officer of a change of address.
Sec. 8. NRS 616.545 is hereby amended to read as follows:
616.545 1. If an application to reopen a claim to increase or rearrange compensation is made in writing more than 1 year after the date on which the claim was closed, the insurer shall reopen the claim if:
(a) A change of circumstances warrants an increase or rearrangement of compensation during the life of the claimant;
(b) The primary cause of the change of circumstances is the injury for which the claim was originally made; and
κ1993 Statutes of Nevada, Page 2442 (CHAPTER 587, AB 374)κ
(c) The application is accompanied by the certificate of a physician or a chiropractor showing a change of circumstances which would warrant an increase or rearrangement of compensation.
2. After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the physician or chiropractor treating the claimant, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant.
3. If a claimant applies for a claim to be reopened pursuant to subsection 1 or 2 and a final determination denying the reopening is issued, the claimant shall not reapply to reopen the claim until at least 1 year after the date on which the final determination is issued.
4. Except as otherwise provided in subsection 5, if an application to reopen a claim is made in writing within 1 year after the date on which the claim was closed, the insurer shall reopen the claim only if [there] :
(a) The application is supported by medical evidence demonstrating an objective change in the medical condition of the claimant; and
(b) There is clear and convincing evidence that the primary cause of the change of circumstances is the injury for which the claim was originally made.
5. An application to reopen a claim must be made in writing within 1 year after the date on which the claim was closed if:
(a) The claimant was not off work as a result of the injury; and
(b) The claimant did not receive benefits for a permanent partial disability. If an application to reopen a claim to increase or rearrange compensation is made pursuant to this subsection, the insurer shall reopen the claim if the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 are met.
6. If an employees claim is reopened pursuant to this section, he is not entitled to vocational rehabilitation services or benefits for a temporary total disability if, before his claim was reopened, he:
(a) Retired; or
(b) Otherwise voluntarily removed himself from the work force,
for reasons unrelated to the injury for which the claim was originally made.
7. One year after the date on which the claim was closed, an insurer may dispose of the file of a claim authorized to be reopened pursuant to subsection 5, unless an application to reopen the claim has been filed pursuant to that subsection.
8. An increase or rearrangement of compensation is not effective before an application for reopening a claim is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician or a chiropractor.
9. A claim that automatically closes pursuant to subsection 2 of NRS 616.567 may not be reopened pursuant to this section.
Sec. 9. NRS 616.585 is hereby amended to read as follows:
616.585 1. Except as otherwise provided in this section, section 19 of [this act] Senate Bill No. 316 of this session and NRS 616.545, every employee in the employ of an employer, within the provisions of this chapter, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.
κ1993 Statutes of Nevada, Page 2443 (CHAPTER 587, AB 374)κ
his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.
2. Except as otherwise provided in NRS 616.252, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.
3. If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter.
4. Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.
5. Payments for a temporary total disability must cease when:
(a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employees education, training and experience;
(b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or
(c) Except as otherwise provided in NRS 616.252, the employee is incarcerated.
6. [The insurer shall issue to the injured employee, not less than 6 working days before the end of the period specified in the form, a check for the compensation due the employee for that period, if:
(a) The injured employee has completed and returned the form to the insurer; or
(b) There is documentation with the insurer which indicates a continuing disability during that period.
A check shall be deemed delivered upon the date that it is postmarked, if it is properly addressed and the postage is prepaid.] Each insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the department for the injured employee to request continued compensation for the temporary total disability.
7. A certification of disability issued by a physician or chiropractor must:
(a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;
(b) Specify whether the limitations or restrictions are permanent or temporary; and
(c) Be signed by the physician or chiropractor.
8. If certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident is not required to comply with NRS 616.222 and sections 21.2 to 21.8, inclusive, of [this act] Senate Bill No. 316 of this session or the regulations adopted by the division governing vocational rehabilitation services if the employer offers the employee a position that is substantially similar to the employees position at the time of his injury in relation to the location of the employment, the hours he is required to work and the salary he will be paid.
κ1993 Statutes of Nevada, Page 2444 (CHAPTER 587, AB 374)κ
location of the employment, the hours he is required to work and the salary he will be paid.
Sec. 10. NRS 616.6283 is hereby amended to read as follows:
616.6283 1. [Each person who is] The dependents of an injured employee who are receiving or [is] are entitled to receive compensation for a permanent total disability pursuant to NRS 616.580 or a death benefit pursuant to NRS 616.615 for an industrial injury or occupational disease which occurred before July 1, 1980, [is] are entitled to receive compensation of not less than $600 each month [.] , to be divided amongst them as provided in this chapter.
2. A self-insured employer shall provide for the increase in monthly compensation required by subsection 1 for each person who would be entitled to receive the increase if the provisions of this section were applicable to the employer.
3. A person who is entitled to receive an increase in his monthly compensation pursuant to subsection 1 is not required to accept that increase.
4. The administrator shall adopt regulations to carry out the provisions of this section.
Sec. 11. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the risk management division.
2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.
3. Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers. [Except as otherwise provided in section 22.5 of this act, the hearing officers are in the classified service of the state.] The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.
4. Shall serve as chairman of the state public works board.
5. Is responsible for the administration, through the divisions of the department, of the provisions of NRS 331.182 to 331.186, inclusive, 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
6. Has such other powers and duties as are provided by law.
Sec. 12. NRS 277.055 is hereby amended to read as follows:
277.055 1. As used in this section:
(a) Medical facility has the meaning ascribed to it in NRS 449.0151.
(b) Nonprofit medical facility means a nonprofit medical facility in this or another state.
(c) Public agency has the meaning ascribed to it in NRS 277.100, and includes any municipal corporation.
2. Any two or more public agencies or nonprofit medical facilities may enter into a cooperative agreement for the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of:
(a) Casualty insurance, [other than workmens compensation and employers liability,] as that term is defined in NRS 681A.020;
κ1993 Statutes of Nevada, Page 2445 (CHAPTER 587, AB 374)κ
(b) Marine and transportation insurance, as that term is defined in NRS 681A.050;
(c) Property insurance, as that term is defined in NRS 681A.060;
(d) Surety insurance, as that term is defined in NRS 681A.070; or
(e) Insurance for any combination of these kinds.
3. Every such agreement must:
(a) Be ratified by formal resolution or ordinance of the governing body or board of trustees of each agency or nonprofit medical facility included;
(b) Be included in the minutes of each governing body or board of trustees, or attached in full to the minutes as an exhibit;
(c) Be submitted to the commissioner of insurance for approval in the manner provided by NRS 277.150; and
(d) If a public agency is a party to the agreement, comply with the provisions of NRS 277.080 to 277.180, inclusive.
4. Each participating agency or nonprofit medical facility shall provide for any expense to be incurred under any such agreement.
Sec. 13. Section 20 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 20. 1. Except as otherwise provided in this section, an injury or disease sustained by an employee that is caused by stress is compensable pursuant to the provisions of this chapter or chapter 617 of NRS if it arose out of and in the course of his employment.
2. Any ailment or disorder caused by any gradual mental stimulus, and any death or disability ensuring therefrom, shall be deemed not to be an injury or disease arising out of and in the course of employment.
3. An injury or disease caused by stress shall be deemed to arise out of and in the course of employment only if the employee proves by clear and convincing medical or psychiatric evidence that:
(a) He has a mental injury caused by extreme stress in time of danger;
(b) The [conditions at his place of employment were the] primary cause of the injury [;] was an event that arose out of and during the course of his employment; and
(c) The stress was not caused by his layoff, the termination of his employment or any disciplinary action taken against him.
4. The provisions of this section do not apply to a person who is claiming compensation pursuant to NRS 617.457.
Sec. 14. Section 21.3 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 21.3. 1. Except as otherwise provided in this section, if benefits for a total temporary disability [have been] will be paid to an injured employee for more than 90 days, a vocational rehabilitation counselor shall, within 30 days [,] after being assigned to the claim, make a written assessment of the injured employees ability or potential to return to:
(a) The position he held at the time that he was injured; or
(b) Any other gainful employment.
2. Before completing the written assessment, the counselor shall:
(a) Contact the injured employee and:
κ1993 Statutes of Nevada, Page 2446 (CHAPTER 587, AB 374)κ
(1) Identify the injured employees educational background, work experience and career interests; and
(2) Determine whether the injured employee has any existing marketable skills.
(b) Contact the injured employees treating physician or chiropractor and determine:
(1) Whether the employee has any temporary or permanent physical limitations;
(2) The estimated duration of the limitations;
(3) Whether there is a plan for continued medical treatment; and
(4) When the employee may return to the position that he held at the time of his injury or to any other position. The treating physician or chiropractor shall determine whether an employee may return to the position that he held at the time of his injury.
3. The written assessment must contain a determination as to whether the employee is eligible for vocational rehabilitation services pursuant to NRS 616.222. If the insurer, with the assistance of the counselor, determines that the employee is eligible for vocational rehabilitation services, a plan for a program of vocational rehabilitation must be completed pursuant to section 21.4 of [this act.] Senate Bill No. 316 of this session.
4. The division may, by regulation, require a written assessment to include additional information.
5. If an insurer determines that the written assessment required by this section is impractical because of the expected duration of the employees total temporary disability, the insurer shall:
(a) Complete a written report which specifies his reasons for the decision; and
(b) Review the claim at least once every 60 days.
6. The insurer shall mail a copy of the written assessment or the report completed pursuant to subsection 5 to the injured employee, his employer, the treating physician or chiropractor and the injured employees attorney or representative, if applicable.
7. For the purposes of this section, existing marketable skills include, but are not limited to:
(a) Completion of:
(1) A program at a trade school;
(2) A program which resulted in an associates degree; or
(3) A course of study for certification,
if the program or course of study provided the skills and training necessary for the injured employee to be gainfully employed on a reasonably continuous basis in an occupation that is reasonably available in this state.
(b) Completion of a 2-year or 4-year program at a college or university which resulted in a degree.
(c) Completion of any portion of a program for a graduates degree at a college or university.
(d) Skills acquired in previous employment, including those acquired during an apprenticeship or a program for on-the-job training.
κ1993 Statutes of Nevada, Page 2447 (CHAPTER 587, AB 374)κ
The skills set forth in paragraphs (a) to (d), inclusive, must have been acquired within the preceding 7 years and be compatible with the physical limitations of the injured employee to be considered existing marketable skills.
Sec. 15. Section 21.4 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 21.4. 1. A vocational rehabilitation counselor shall develop a plan for a program of vocational rehabilitation for each injured employee who is eligible for vocational rehabilitation services pursuant to NRS 616.222. The counselor shall work with the insurer and the injured employee to develop a program that is compatible with the injured employees age, sex and physical condition.
2. If the counselor determined in the written assessment developed pursuant to section 21.3 of [this act] Senate Bill No. 316 of this session that the injured employee has existing marketable skills, the plan must consist of job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury. An injured employee must not receive job placement assistance for more than 90 days after the date on which he was notified that he is eligible only for job placement assistance because:
(a) He was physically capable of returning to work; or
(b) It was determined that he had existing marketable skills.
3. If the counselor determined in the written assessment developed pursuant to section 21.3 of [this act] Senate Bill No. 316 of this session that the injured employee does not have existing marketable skills, the plan must consist of a program which trains or educates the injured employee and proves job placement assistance. Except as otherwise provided in section 21.45 of [this act,] Senate Bill No. 316 of this session, such a program must not exceed:
(a) If the injured employee has incurred a permanent physical impairment of less than 6 percent, 6 months.
(b) If the injured employee has incurred a permanent physical impairment of 6 percent or more, but less than 11 percent, 9 months.
(c) If the injured employee has incurred a permanent physical impairment of 11 percent or more, 1 year.
The percentage of the injured employees permanent physical impairment must be determined pursuant to NRS 616.605.
4. A plan for a program of vocational rehabilitation must comply with the requirements set forth in section 22 of [this act.] Senate Bill No. 316 of this session
5. A program of vocational rehabilitation must not commence before the treating physician or chiropractor, or an examining physician or chiropractor determines that the injured employee is capable of safely participating in the program.
6. If, based upon the opinion of a treating or an examining physician or chiropractor, the counselor determines that an injured employee is not eligible for vocational rehabilitation services, the counselor shall provide a copy of the opinion to the [treating physician or chiropractor] injured employee, the injured employees employer and the insurer.
κ1993 Statutes of Nevada, Page 2448 (CHAPTER 587, AB 374)κ
provide a copy of the opinion to the [treating physician or chiropractor] injured employee, the injured employees employer and the insurer.
7. The division shall adopt regulations to carry out the provisions of this section. The regulations must specify the contents of a plan for a program of vocational rehabilitation.
Sec. 16. Section 21.45 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 21.45. 1. A program for vocational rehabilitation developed pursuant to subsection 3 of section 21.4 of [this act] Senate Bill No. 316 of this session may be extended [in] :
(a) Without condition or limitation, by the insurer at his sole discretion; or
(b) In accordance with this section if [the] :
(1) The injured employee makes a written request to extend the program within 30 days after he receives written notification that he is eligible for vocational rehabilitation services [and:
(a)] ; and
(2) There are exceptional circumstances which make it unlikely that the injured employee will obtain suitable gainful employment as a result of vocational rehabilitation which is limited to the period for which he is eligible . [; or
(b) The insurer decides to extend the program for other reasons.]
An insurers determination to grant or deny an extension pursuant to [this] paragraph (a) may not be appealed.
2. If an injured employee has incurred a permanent physical impairment of less than 11 percent;
(a) The total length of the program, including any extension, must not exceed 1 year.
(b) Exceptional circumstances shall be deemed to exist for the purposes of paragraph [(a)] (b) of subsection 1, if:
(1) The injured employee lacks work experience, training, education or other transferable skills for an occupation which he is physically capable of performing; or
(2) Severe physical restrictions as a result of the industrial injury have been imposed by a physician which significantly limit the employees occupational opportunities.
3. If an injured employee has incurred a permanent physical impairment of 11 percent or more:
(a) The total length of the program, including any extension, must not exceed 2 years.
(b) Exceptional circumstances shall be deemed to exist for the purposes of paragraph [(a)] (b) of subsection 1, if the injured employee has suffered:
(1) The total and permanent loss of sight of both eyes;
(2) The loss by separation of a leg at or above the knee;
(3) The loss by separation of a hand at or above the wrist;
(4) An injury to the head or spine which results in permanent and complete paralysis of both legs, both arms or a leg and an arm;
κ1993 Statutes of Nevada, Page 2449 (CHAPTER 587, AB 374)κ
(5) An injury to the head which results in a severe cognitive functional impairment which may be established by a nationally recognized form of objective psychological testing;
(6) The loss by separation of an arm at or above the elbow and the loss by separation of a leg at or above the knee;
(7) An injury consisting of second or third degree burns on 50 percent or more of the body, both hands or the face;
(8) A total bilateral loss of hearing;
(9) The total loss or significant and permanent impairment of speech; or
(10) A permanent physical impairment of 50 percent or more determined pursuant to NRS 616.605, if the severity of the impairment limits the injured employees gainful employment to vocations that are primarily intellectual and require a longer program of education.
4. The insurer shall mail a copy of its decision granting or denying an extension to the injured employee and the employer. Except as otherwise provided in this section, the decision shall be deemed to be a final determination of the insurer for the purposes of NRS 616.5412.
Sec. 17. Section 21.7 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 21.7. 1. A plan for a program of vocational rehabilitation developed pursuant to section 21.4 of [this act] Senate Bill No. 316 of this session may include a program for on-the-job training, if the training is suitable for the injured employee.
2. Before an injured employee may participate in a program for on-the-job training, the insurer and the employer must execute a written agreement which contains an explanation of the training and a schedule for that training.
3. Except as otherwise provided in subsection 4, the insurer may pay not more than 50 percent of the wages of an injured employee who is participating in a program for on-the-job training. An insurer contributing toward the wages of an injured employee shall pay the employee within 10 days after the employee submits documentation of his payroll to the insurer. The insurer shall not contribute to the wages of the injured employee for more than the period authorized for the particular employee pursuant to subsection 3 of section 21.4 or section 21.45 of [this act.] Senate Bill No. 316 of this session.
4. The insurer shall, within 30 days after receipt of a request for payment, reimburse the training employer for the wages paid by the training employer to the injured employee pursuant to this section if:
(a) After the successful completion of the training, the training employer continues to employ the injured employee for at least [1 year] 90 days in a position which requires the training so obtained; or
(b) The injured employee:
(1) Within 30 days after his successful completion of the training, obtains employment which requires the skills obtained by him as a direct result of the training provided by the training employer; and
(2) Retains that or similar employment for at least [1 year] 6 months after the completion of the training.
κ1993 Statutes of Nevada, Page 2450 (CHAPTER 587, AB 374)κ
Sec. 18. Section 63 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 63. If a [claimant] person is convicted of violating any of the provisions of NRS 616.630, 616.635, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of [this act,] Senate Bill No. 316 of this session, he:
1. Forfeits all rights to compensation under this chapter or chapter 617 of NRS after conviction for the offense; and
2. Is liable for the reasonable costs incurred by [the] an insurer and the office of the attorney general to investigate and act upon the violation, and for the payments or benefits fraudulently obtained [.] under this chapter or chapter 617 of NRS.
Sec. 19. Section 75 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 75. The manager shall not enter into a contract with an organization for managed care unless:
1. The provisions of the contract are approved by the commissioner;
2. The contract contains a provision authorizing the manager to cancel the contract, by written notice, if the manager determines that:
(a) The organizations plan for providing medical and health care services does not comply with the requirements of this section; or
(b) Services under the organizations plan are not being provided in accordance with the terms of the contract;
3. [The organization has been issued a certificate of authority by the commissioner pursuant to chapter 695F of NRS; and
4.] The organizations proposed plan for providing medical and health care services:
(a) Will provide all medical and health care services that may be required for industrial injuries and occupational diseases that are compensable under this chapter and chapter 617 of NRS, in a manner that assures the availability and accessibility of adequate treatment to injured employees;
(b) Does not exclude from participation in the proposed plan any category of providers of health care who are required to be licensed or certified to practice in this state and willing to comply with the terms and conditions required by the organization to participate in the proposed plan;
(c) Gives injured employees an adequate choice of providers of health care who have contracted with the organization to participate in the proposed plan;
(d) [Ensures that, if medical and health care services are to be provided by the organization:
(1) In a county whose population is $50,000 or more, an injured employee residing or employed in that county may choose the services of any provider of health care located in that county or an adjacent county if the employees residence is not within a 20-mile radius of a provider of health care who has contracted with the organization to participate in the plan and provide the services required by the employee; and
κ1993 Statutes of Nevada, Page 2451 (CHAPTER 587, AB 374)κ
(2) In a county whose population is less than 50,000, an injured employee residing or employed in that county may choose the services of any provider of health care located in that county or an adjacent county;
(e)] Provides appropriate financial incentives to reduce costs of medical and health care services without affecting the quality of care provided;
[(f)] (e) Includes procedures for auditing bills submitted by providers of health care;
[(g)] (f) Includes procedures for obtaining approval for all major medical procedures before they are performed;
[(h)] (g) Provides adequate procedures for assuring the quality of care provided, including peer review, utilization review and the resolution of disputes that:
(1) Prevent inappropriate or excessive treatment;
(2) Exclude providers of health care who do not comply with the standards of treatment adopted by the organization; and
(3) Provide for the resolution of complaints submitted to the organization pursuant to section 79 of [this act; and
(i)] Senate Bill No. 316 of this session;
(h) Provides a program for returning injured workers to work as soon as possible [.] ; and
(i) Ensures that, if medical and health care services are to be provided by the organization:
(1) In a county whose population is 100,000 or more, an injured employee residing or employed in that county may choose the services of any provider of health care located in that county or an adjacent county if the employees residence is not within a 20-mile radius of a provider of health care who has contracted with the organization to participate in the plan and provide the services required by the employee.
(2) In a county whose population is less than 100,000, an injured employee residing or employed in that county may choose the services of any provider of health care located in that county or an adjacent county if such services are available. If such services are not available, the injured employee may choose the services of any provider of health care located in the state.
The fees charged by a provider of health care chosen by an injured employee pursuant to this paragraph may not exceed the fees established in accordance with NRS 616.412 or the usual fee charged by that provider, whichever is less.
Sec. 20. Section 77 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 77. 1. The manager shall cause to be conducted [such independent evaluations as he deems necessary of] additional independent utilization reviews to evaluate properly the medical and health care services provided by an organization for managed care and providers of health care to injured employees who are insured by the system.
κ1993 Statutes of Nevada, Page 2452 (CHAPTER 587, AB 374)κ
2. The manager shall contract with a private person to conduct [such evaluations.] additional independent utilization reviews. The manager shall not enter into a contract pursuant to this subsection with:
(a) Any natural person who is a legal or beneficial owner of an organization for managed care or responsible for the management of an organization for managed care, or a member of the immediate family of such an owner or person; or
(b) Any business entity if a legal or beneficial owner of the entity, any person responsible for the management of the entity, or any member of the immediate family of such an owner or person is also the legal or beneficial owner or a person responsible for the management of an organization for managed care.
3. An independent [evaluation] utilization review conducted pursuant to this section must include:
(a) An audit of the records of an organization for managed care or a provider of health care to determine the appropriateness and necessity of the medical and health care services provided to injured employees who are insured by the system;
(b) A review of the procedures established by an organization for managed care for utilization review, the standards of care adopted by the organization and the effectiveness of the organizations plan for providing medical and health care services to injured employees who are insured by the system; and
(c) An evaluation of such other procedures used by an organization for managed care to ensure the quality of care provided, including, without limitation:
(1) The methods used to approve major medical procedures before they are performed;
(2) The procedures for determining the appropriateness of stays in hospitals;
(3) Peer reviews; and
(4) The procedures used to review the services provided to injured employees.
4. Any person performing an independent [evaluation] utilization review pursuant to this section may require an organization for managed care or a provider of health care to submit such information as is necessary to evaluate properly the medical and health care services provided to injured employees who are insured by the system.
5. As used in this section, member of the immediate family means a grandparent, parent, stepparent, spouse, brother, sister, half brother, half sister, natural born child, adopted child, step child or grandchild.
Sec. 21. Section 79 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 79. 1. If a person is dissatisfied with a decision of an insurer who has contracted with an organization for managed care that relates to accident benefits, the insurer shall render a final determination relating to that dispute within 21 days after the dispute is submitted to the insurer.
κ1993 Statutes of Nevada, Page 2453 (CHAPTER 587, AB 374)κ
2. Except as otherwise provided in subsection [2,] 3, any person who is aggrieved by [a] that final determination [of an insurer who has contracted with an organization for managed care that relates to accident benefits] must, before requesting a resolution of the dispute pursuant to NRS 616.5422 to 616.544, inclusive, appeal that determination in accordance with the procedure for resolving complaints established by the organization for managed care.
[2.] 3. If a person appeals a final determination pursuant to a procedure for resolving complaints established by an organization for managed care and the dispute is not resolved within 14 days after it is submitted, he may request a resolution of the dispute pursuant to NRS 616.5422 to 616.544, inclusive.
Sec. 22. Section 178 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 178. NRS 616.5415 is hereby amended to read as follows:
616.5415 1. It is unlawful for any person to represent an employee before a hearings officer unless he is:
(a) Employed full time by the employees labor organization;
(b) Admitted to practice law in this state; or
(c) Appearing without compensation on behalf of the employee.
It is unlawful for any person who is not admitted to practice law in this state to represent the employee before an appeals officer.
2. It is unlawful for any person [who is not:] to represent an employer at hearings of contested cases unless that person is:
(a) Employed full time by the employer or [the employees labor organization;] a trade association to which the employer belongs that is not formed solely for the purpose of providing representation at hearings of contested cases;
(b) An employers representative licensed pursuant to subsection 3 who is not licensed as a third-party administrator;
(c) Admitted to practice law in this state; or
[(c) Appearing without compensation on behalf of another,
to represent the employer or employee at hearings of contested cases unless licensed to do so by the commissioner.
2. The commissioner]
(d) A licensed third-party administrator.
3. The director of the department of administration shall adopt regulations which include the:
(a) Requirements for licensure of employers [and employees] representatives, including:
(1) The registration of each representative; and
(2) The filing of a copy of each written agreement for the compensation of a representative;
(b) Procedure for such licensure; and
(c) Causes for revocation of such a license, including any applicable action listed in NRS 616.647 or a violation of this section.
[3.] 4. Any person who is employed by or contracts with an employer to represent the employer at hearings regarding contested claims is an agent of the employer. If the employers representative violates any provision of this chapter, the employer is liable for any penalty assessed because of that violation.
κ1993 Statutes of Nevada, Page 2454 (CHAPTER 587, AB 374)κ
violates any provision of this chapter, the employer is liable for any penalty assessed because of that violation.
[4.] 5. An employer shall not make the compensation of any person representing him contingent in any manner upon the outcome of any contested claim.
[5. The commissioner]
6. The director of the department of administration shall collect in advance and deposit with the state treasurer for credit to the state general fund the following fees for licensure as an employers [or an employees] representative:
(a) Application and license ......................................................... $78
(b) Triennial renewal of each license ......................................... 78
Sec. 23. Section 201 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 201. NRS 616.6283 is hereby amended to read as follows:
616.6283 1. The dependents of an injured employee who are entitled to receive compensation for a permanent total disability pursuant to NRS 616.580 or a death benefit pursuant to NRS 616.615 for an industrial injury or occupational disease which occurred before July 1, 1980, are entitled to receive compensation of not less than $600 each month, to be divided amongst them as provided in this chapter.
2. A self-insured employer or an association of self-insured public or private employers shall provide for the increase in monthly compensation required by subsection 1 for each person who would be entitled to receive the increase if the provisions of this section were applicable to the employer [.] or association.
3. A person who is entitled to receive an increase in his monthly compensation pursuant to subsection 1 is not required to accept that increase.
4. The administrator shall adopt regulations to carry out the provisions of this section.
Sec. 24. Section 206.5 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 206.5. NRS 616.690 is hereby amended to read as follows:
616.690 1. A [physician or chiropractor] provider of health care attending an injured employee shall not refer that employee to a health facility or service in which the [physician or chiropractor] provider of health care, any person in a partnership with the provider of health care or any member of the immediate family of the provider of health care has a financial interest, including an interest as a limited partner, unless [he first discloses that interest in writing to the injured employee and the insurer. Upon the request of an injured employee to whom such a disclosure is made, the physician or chiropractor shall provide the injured employee with a referral to a health facility or service in which the physician or chiropractor does not have a financial interest. The injured employee must not be penalized for refusing to use a health facility or service in which the physician or chiropractor has a financial interest, if the injured employee promptly notifies the insurer in writing of his objection to using the facility or service.] :
κ1993 Statutes of Nevada, Page 2455 (CHAPTER 587, AB 374)κ
(a) The service required by the injured employee is not otherwise available within a 30-mile radius of the office of the provider of health care;
(b) The service is provided pursuant to a referral to a provider of health care who is participating in the health care plan of a health maintenance organization that has been issued a certificate of authority pursuant to chapter 695C of NRS and is authorized to provide health care services to an injured employee;
(c) The provider of health care is a member of a group practice and the referral is made to that group practice;
(d) The referral is made to a surgical center for ambulatory patients, as defined in NRS 449.019, that is licensed pursuant to chapter 449 of NRS; or
(e) The financial interest represents an investment in securities under the Securities Exchange Act of 1934 (15 U.S.C. §§ 78a et seq.) in a corporation that has shareholder equity of more than $100,000,000.
2. As used in this section [, health] :
(a) Group practice means two or more providers of health care who have organized as a business entity in accordance with the laws of this state to provide health care services, if:
(1) Each member of the group practice provides substantially all of the health care services he routinely provides, including without limitation, medical care, consultations, diagnoses and treatment, through the joint use of shared offices, facilities, equipment and personnel;
(2) Substantially all of the health care services provided by the members of the group practice are provided through the group practice, the billings for those services are issued in the name of the group practice and the compensation received for those services is treated as being received by the group practice;
(3) No member of the group practice receives compensation based on the volume or value of the patients referred to the group practice by that member; and
(4) Substantially all of the health care services offered by the group practice are provided within the confines of a central building or group of buildings that are located on one parcel of land.
(b) Health facility means any facility in or through which services related to the care and observation of patients, the diagnosis of human diseases, the treatment and rehabilitation of patients or other related services are provided. The term includes any parent, affiliate, subsidiary or partner of such a facility and any other entity which has a primary purpose of providing a benefit to such a facility.
(c) Member of the immediate family means a grandparent, parent, stepparent, spouse, brother, sister, half brother, half sister, natural born child, adopted child, stepchild or grandchild.
(d) Partnership has the meaning ascribed to it in NRS 87.060. The term includes a partnership which is not related to the practice of a provider of health care.
κ1993 Statutes of Nevada, Page 2456 (CHAPTER 587, AB 374)κ
Sec. 25. Section 282.6 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 282.6. Section 21.4 of this act is hereby amended to read as follows:
Sec. 21.4. 1. A vocational rehabilitation counselor shall develop a plan for a program of vocational rehabilitation for each injured employee who is eligible for vocational rehabilitation services pursuant to NRS 616.222. The counselor shall work with the insurer the injured employee to develop a program that is compatible with the injured employees age, sex and physical condition.
2. If the counselor determined in the written assessment developed pursuant to section 21.3 of Senate Bill No. 316 of this session that the injured employee has existing marketable skills, the plan must consist of job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury. An injured employee must not receive job placement assistance for more than 90 days after the date on which he was notified that he is eligible only for job placement assistance because:
(a) He was physically capable of returning to work; or
(b) It was determined that he had existing marketable skills.
3. If the counselor determined in the written assessment developed pursuant to section 21.3 of Senate Bill No. 316 of this session that the injured employee does not have existing marketable skills, the plan must consist of a program which trains or educates the injured employee and provides job placement assistance. Except as otherwise provided in section 21.45 of Senate Bill No. 316 of this session, such a program must not exceed:
(a) If the injured employee has incurred a permanent physical impairment of less than 6 percent, 6 months.
(b) If the injured employee has incurred a permanent physical impairment of 6 percent or more, but less than 11 percent, 9 months.
(c) If the injured employee has incurred a permanent physical impairment of 11 percent or more, 1 year.
The percentage of the injured employees permanent physical impairment must be determined pursuant to NRS 616.605.
4. A plan for a program of vocational rehabilitation must comply with the requirements set forth in section 22 of Senate Bill No. 316 of this session.
5. A program of vocational rehabilitation must not commence before the treating physician or chiropractor, or an examining physician or chiropractor determines that the injured employee is capable of safely participating in the program.
6. If, based upon the opinion of a treating or an examining physician or chiropractor, the counselor determines that an injured employee is not eligible for vocational rehabilitation services, the counselor shall provide a copy of the opinion to the injured employee, the injured employees employer and the insurer.
κ1993 Statutes of Nevada, Page 2457 (CHAPTER 587, AB 374)κ
counselor shall provide a copy of the opinion to the injured employee, the injured employees employer and the insurer.
7. A plan for a program of vocational rehabilitation must be signed by a certified vocational rehabilitation counselor.
8. The division shall adopt regulations to carry out the provisions of this section. The regulations must specify the contents of a plan for a program of vocational rehabilitation.
Sec. 26. Section 284.5 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 284.5. Section 4 of Assembly Bill No. 342 of this session is hereby amended to read as follows:
Sec. 4. NRS 616.400 is hereby amended to read as follows:
616.400 1. Except for a self-insured employer or an employer who is a member of an association of self-insured public or private employers, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of the month immediately after the end of the assigned reporting period furnish the system with a true and accurate payroll for that period showing:
(a) The total amount paid to employees for services performed;
(b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and
(c) A segregation of employment in accordance with the requirements of the system,
together with the premium due thereon.
2. In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be [:
(a) For the period beginning October 1, 1992, and ending December 31, 1992, the first $27,000 paid to the employee during the calendar year of 1992.
(b) For the period beginning January 1, 1993, and ending December 31, 1993, the first $27,000 paid to the employee.
(c) For the period beginning January 1, 1994, and ending December 31, 1994, the first $30,000 paid to the employee.
(d) For the period beginning January 1, 1995, and ending December 31, 1995,] the first [$33,000] $36,000 paid to the employee [.] during the calendar year.
3. Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.
4. Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.
κ1993 Statutes of Nevada, Page 2458 (CHAPTER 587, AB 374)κ
5. If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.
6. The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
7. The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.
8. To the extent permitted by federal law, the system shall vigorously pursue the collection of premiums that are due under the provisions of this chapter even if an employers debts have been discharged in a bankruptcy proceeding.
Sec. 27. Section 285 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 285. NRS 616.028, 616.1703, 616.1705, 616.1707, [616.2223,] 616.255, 616.256, 616.345, 616.537, 616.680, 617.180, 617.330, 617.350 and 617.360 are hereby repealed.
Sec. 28. Section 294 of Senate Bill No. 316 of this session is hereby amended to read as follows:
Sec. 294. 1. This section and sections 1, 2, 5, 6, 10 to 21, inclusive, 21.2 to 22.5, inclusive, 24, 52 to 84, inclusive, 86, 87, 88, 91, 92, 94, 95, 97, 98, 99, 100, 101, 102, 103, 103.5, 104, 105, 106, 107, 111, 112, 114, 115, 116, 118, [119.5,] 120, 121, 123, 124, 126, 130, 131, 132, 136, 138, 140, 141, 142, 144, 145, 146, 148, 150, 153, 155, 157, 159, 161, 164, 165, 166 to 169.5, inclusive, 172, 173, 175, 176, 179 to 182, inclusive, 184, 186 to 191.5, inclusive, 193 to 200.5, inclusive, 201.5, 202, 203, 204, 206, 207 to 213, inclusive, 216 to 224, inclusive, 227, 228, 229, 230, 232, 235, 236, 237, 239, 240, 242, 246.3, 249, 250, 251 to 260, inclusive, 261 to 282, inclusive and 284.2 to 293, inclusive, of this act become effective upon passage and approval.
2. Sections 245 and 246 of this act become effective on July 1, 1993.
3. Section 178 of this act becomes effective on October 1, 1993.
4. Section 247 of this act becomes effective at 12:01 a.m. on July 1, 1993.
[4.] 5. Sections 4.5, 21.1, 84.5, 116.5 and 282.6 of this act become effective on July 1, 1994.
[5.] 6. Sections 3, 4, 7, 8, 9, 25 to 51, inclusive, 85, 89, 90, 93, 108, 110, 113, 117, 119, 122, 128, 129, 133, 134, 135, 137, 139, 143, 147, 149, 150.5, 151, 152, 154, 156, 158, 160, 162, 163, 170, 171, 177, 201, 205, 206.5, 214, 226, 231, 241, 243, 244, 246.5, 248, 250.5, 260.5, 282.5, 283 and 284 of this act become effective on July 1, 1995.
κ1993 Statutes of Nevada, Page 2459 (CHAPTER 587, AB 374)κ
177, 201, 205, 206.5, 214, 226, 231, 241, 243, 244, 246.5, 248, 250.5, 260.5, 282.5, 283 and 284 of this act become effective on July 1, 1995.
[6.] 7. Section 282.55 of this act becomes effective on January 1, 1996.
[7.] 8. Sections 98.5, 99.5, 100.5, 103.2, 104.5, 106.5, 164.5 and 165.5 of this act become effective on July 1, 1997.
Sec. 29. 1. This section and sections 2 to 11, inclusive, 13 to 26, inclusive, and 28 of this act become effective upon passage and approval.
2. Section 27 of this act becomes effective upon passage and approval and applies retroactively to June 18, 1993.
3. Section 12 of this act becomes effective on July 1, 1995.
________
Assembly Bill No. 358Assemblymen Arberry, Spitler, Wendell Williams, Toomin, Sader, Freeman, Bache, Garner, Porter, Gibbons, Kenny, Smith, Perkins, Hettrick, Segerblom, Gregory, Tiffany, Ernaut, Giunchigliani, Collins, Price, Haller, Anderson, Scherer, McGaughey, Lambert, Myrna Williams, Evans, Schneider, Augustine, Bonaventura, Petrak, Bennett and Dini
CHAPTER 588
AN ACT relating to credit; regulating the reporting of information concerning consumer credit; 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. Title 52 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 11, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. 1. Adverse action includes:
(a) The denial of, increase in any charge for or reduction in the amount of insurance for personal, family or household purposes;
(b) The denial of employment or any other decision for employment purposes that adversely affects a current or prospective employee; and
(c) An action or determination with respect to a consumers application for credit that is adverse to the interests of the consumer.
2. The term does not include:
(a) A refusal to extend additional credit under an existing credit arrangement if:
(1) The applicant is delinquent or otherwise in default with respect to the arrangement; or
κ1993 Statutes of Nevada, Page 2460 (CHAPTER 588, AB 358)κ
(2) The additional credit would exceed a previously established credit limit; or
(b) A refusal or failure at the point of sale to authorize a specific transaction on an existing account.
Sec. 4. Commissioner means the commissioner of consumer affairs.
Sec. 5. Consumer means a person who uses economic goods.
Sec. 6. Consumer credit means credit granted to a natural person to finance the purchase of goods that directly satisfy human wants or to defray personal or family expenses.
Sec. 7. 1. Consumer report means any communication, written or oral, by a reporting agency regarding the payment history of a particular consumer, including information regarding his credit worthiness, credit standing or credit capacity, which is intended for present or future use in whole or in part to serve as a factor in determining the consumers eligibility for:
(a) Credit or insurance to be used primarily for personal, family or household purposes;
(b) Purposes relating to employment; or
(c) Any other purpose authorized pursuant to 15 U.S.C. § 1681 et seq.
2. The term does not include:
(a) A report containing information solely as to transactions or experiences between the consumer and the person making the report;
(b) An authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;
(c) A report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures required pursuant to section 18 of this act;
(d) A report solely conveying a decision whether to guarantee a check in response to a request by a third party; or
(e) A report created or issued by or to a person licensed pursuant to chapter 463 of NRS relating to any extension of credit by the licensee.
Sec. 8. File includes all of the information on the consumer which is recorded and retained by a reporting agency regardless of how the information is stored.
Sec. 9. Medical information means information or records relating to medical treatment or condition which is obtained from a licensed provider of health care or medical facility.
Sec. 10. Person includes a governmental entity.
Sec. 11. 1. Reporting agency means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports.
2. The term does not include
κ1993 Statutes of Nevada, Page 2461 (CHAPTER 588, AB 358)κ
(a) A person solely for the reason that he conveys a decision regarding whether to guarantee a check in response to a request by a third party;
(b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or
(c) A person licensed pursuant to chapter 463 of NRS.
Sec. 12. A reporting agency:
1. Shall include with any written disclosure to a consumer a summary of his rights under this chapter.
2. Shall not include medical information in its files.
3. Shall include in any consumer report information concerning a consumers delinquency in paying support for a child, to the extent that this information is provided in a format acceptable to the reporting agency by the welfare division of the department of human resources or from the district attorney of the county in which the consumer resides or resided when the delinquency occurred.
Sec. 13. A person shall not procure a consumer report to resell or disclose the report or the information contained in the report unless the person discloses to the reporting agency which originally furnished the report:
1. The identity of the intended ultimate user of the report or information; and
2. The only purposes for which the information will be used.
Sec. 14. Upon request and information sufficient to identify a consumer, a reporting agency shall:
1. Clearly and accurately disclose to the consumer the nature and substance of the consumer report in its files which relates to him at the time of the request, and disclose the names of the institutional sources of information. If the consumer requests, the reporting agency shall provide a readable copy of the consumer report.
2. Disclose the name of each person who has received from the reporting agency information concerning him:
(a) Within the preceding 2 years for purposes of employment, promotion, reassignment or retention as an employee; or
(b) Within the preceding 6 months for any other purpose.
Sec. 15. 1. A reporting agency may furnish a consumer report concerning a consumer for an extension of credit which he did not initiate only if:
(a) The contemplated transaction represents a firm offer of credit to those consumers who meet specific criteria determined by the person; or
(b) He has not requested that his name and address be excluded from any list to be provided for such a purpose.
2. This section does not prohibit a reporting agency from furnishing information to review an account or collect an account if there is an existing business relationship or the account has been assigned to a third party for collection.
3. As used in this section, firm offer of credit means an offer of credit based on a consumer report provided by the reporting agency, either directly to the creditor or through a third party, that cannot be rescinded or changed by the creditor unless the information provided by the reporting agency has materially changed as of the time the creditor received the accepted offer and the creditor is able to revoke the accepted offer or renew the offer on different terms.
κ1993 Statutes of Nevada, Page 2462 (CHAPTER 588, AB 358)κ
the creditor is able to revoke the accepted offer or renew the offer on different terms.
Sec. 16. A reporting agency shall periodically purge from its files and after purging shall not disclose:
1. Bankruptcies whose dates of adjudication precede the report by more than 10 years. A report of adjudication must include, if known, the chapter of Title 11 of the United States Code under which the case arose.
2. Except as otherwise provided by a specific statute, any other civil judgment, a report of criminal proceedings, or other adverse information which precedes the report by more than 7 years.
Sec. 17. 1. If a consumer disputes the accuracy of any information in the files of a reporting agency which relates to him, and the reporting agency is made aware of the dispute by him, the reporting agency shall, within 5 business days after becoming aware of the dispute, notify any institutional sources of the information and, as soon as is reasonably possible but not later than 30 days, complete a reinvestigation of the accuracy of the information unless the dispute is determined by the reporting agency to be frivolous or irrelevant.
2. If the reporting agency concludes that the dispute is frivolous or irrelevant, it shall so notify the consumer. If it determines that the information is incorrect or can no longer be verified, it shall correct its files accordingly and notify the consumer.
3. No information deleted pursuant to this section may be reinserted unless:
(a) The person furnishing the information uses reasonable procedures to ensure the maximum possible accuracy of the information; and
(b) The reporting agency notifies the consumer within 5 business days after the reinsertion and offers him the opportunity to add to its file his own brief statement disputing or adding to the information.
Sec. 18. If a person takes adverse action with respect to a consumer which is based on a consumer report from a reporting agency, the person shall:
1. Notify the consumer of the action taken;
2. Furnish him with the name and address of the reporting agency; and
3. Inform him of his right to obtain a copy of the consumer report from the agency.
Sec. 19. 1. The provisions of this chapter must be administered by the commissioner of consumer affairs.
2. The attorney general shall provide opinions for the commissioner on all questions of law relating to the construction, interpretation or administration of this chapter.
3. The attorney general shall represent the division in any action or proceeding brought by or against the commissioner pursuant to any of the provisions of this chapter.
Sec. 20. If a reporting agency or user of information willfully fails to comply with any provision of this chapter with respect to any consumer, the reporting agency is liable to that consumer in an amount equal to the sum of:
1. Any actual damages sustained by the consumer as a result of the violation;
2. Such amount of punitive damages as the court may allow; and
κ1993 Statutes of Nevada, Page 2463 (CHAPTER 588, AB 358)κ
3. The costs of the action plus reasonable attorneys fees.
Sec. 21. If a reporting agency or user of information negligently fails to comply with any provision of this chapter with respect to any consumer, the reporting agency is liable to that consumer in an amount equal to the sum of:
1. Any actual damages sustained by the consumer as a result of the violation; and
2. The costs of the action plus reasonable attorneys fees.
________
Assembly Bill No. 327Committee on Judiciary
CHAPTER 589
AN ACT relating to laboratory analysis; requiring, under certain circumstances, the fee for a chemical analysis that is required to be paid upon the conviction of certain offenses related to the use of an intoxicating liquor or controlled substance to be collected before or at the time any fine is collected; revising the manner in which any remainder may be deposited; 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 484.3798 is hereby amended to read as follows:
484.3798 1. If a defendant pleads or is found guilty of any violation of NRS 484.379 or 484.3795 and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any [other penalty provided by law, fine him $60 as a fee for the chemical analysis. The fine] penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be [stated] :
(a) Collected from the defendant before or at the same time that the fine is collected.
(b) Stated separately in the judgment of the court or on the courts docket. [The court may lower the amount of the fee imposed pursuant to this subsection if it determines that the defendant is unable to pay the entire amount.]
2. All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer , as appropriate, on or before the fifth day of each month for the preceding month.
3. The [county] treasurer shall deposit all money received by him pursuant to subsection 2 in the county or city treasury , as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.
4. [In counties that receive forensic services under a contract with the state, the money credited to the fund pursuant to subsection 3, less 2 percent to cover administrative expenses, must be paid monthly by the county treasurer to the state treasurer for deposit in the appropriate state fund.] Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
κ1993 Statutes of Nevada, Page 2464 (CHAPTER 589, AB 327)κ
otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
5. In counties that do not receive forensic services under a contract with the state, the money credited to the fund pursuant to subsection 3:
(a) Except as otherwise provided in paragraph (b), must be:
(1) Expended to pay for the chemical analyses performed within the county;
(2) Expended to purchase and maintain equipment to conduct such analyses;
(3) Expended for the training and continuing education of the employees who conduct such analyses; and
(4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.
(b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by, or training for employees of an analytical laboratory that is approved by the committee on testing for intoxication created in NRS 484.388.
Sec. 2. NRS 453.575 is hereby amended to read as follows:
453.575 1. [When] If a defendant pleads or is found guilty of any violation of this chapter and an analysis of a controlled substance was performed in relation to his case, the justice or judge shall include in the sentence an order that the defendant pay the sum of $60 as a fee for the analysis of the controlled substance.
2. [The] Except as otherwise provided in this subsection, any money collected for such an analysis must not be deducted from , and is in addition to, any fine otherwise imposed by the justice or judge [, but] and must be [taxed against the defendant in addition to the fine. The money collected for such an analysis must be stated] :
(a) Collected from the defendant before or at the same time that the fine is collected.
(b) Stated separately in the judgment of the court or on the courts docket. [The court may lower the amount of the fee imposed pursuant to this section if it determines that the defendant is unable to pay the entire amount.]
3. The money collected pursuant to subsection 1 in any district, municipal or justices court must be paid by the clerk of the court to the county or city treasurer , as appropriate, on or before the fifth day of each month for the preceding month.
4. The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for forensic services. The governing body of each city shall create in the city treasury a fund to be designated as the fund for forensic services. Upon receipt, the county or city treasurer , as appropriate, shall deposit any fee for the analyses of controlled substances in the fund. The money from such deposits must be accounted for separately within the fund.
5. [In counties which receive forensic services under a contract with the state, the money deposited in the fund for forensic services pursuant to subsection 4 must be paid monthly by the county treasurer to the state treasurer for deposit in the state general fund, after retaining 2 percent of the money to cover his administrative expenses.]
κ1993 Statutes of Nevada, Page 2465 (CHAPTER 589, AB 327)κ
treasurer for deposit in the state general fund, after retaining 2 percent of the money to cover his administrative expenses.] Except as otherwise provided in subsection 6, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
6. In counties which do not receive forensic services under a contract with the state, the money deposited in the fund for forensic services pursuant to subsection 4 must be expended, except as otherwise provided in this subsection:
(a) To pay for the analyses of controlled substances performed in connection with criminal investigations within the county;
(b) To purchase and maintain equipment to conduct these analyses; and
(c) For the training and continuing education of the employees who conduct these analyses.
Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the Unite States Department of Justice.
Sec. 3. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 321Committee on Judiciary
CHAPTER 590
AN ACT relating to court-appointed counsel; revising the fees paid to certain attorneys appointed to represent criminal defendants; 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 7.125 is hereby amended to read as follows:
7.125 1. Except as limited by subsections 2, 3 and 4, an attorney other than a public defender appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendants initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee for court appearances and other time reasonably spent on the matter to which the appointment is made, [$60] $75 per hour. Except for cases in which the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, this subsection does not preclude a governmental entity from contracting with a private attorney who agrees to provide such services for a lesser rate of compensation.
2. The total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:
κ1993 Statutes of Nevada, Page 2466 (CHAPTER 590, AB 321)κ
(a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $12,000;
(b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $2,500;
(c) If the most serious crime is a misdemeanor, $750;
(d) For an appeal of one or more misdemeanor convictions, $750; or
(e) For an appeal of one or more gross misdemeanor or felony convictions, $2,500.
3. An attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other post-conviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $750.
4. If the appointing court because of:
(a) The complexity of a case or the number of its factual or legal issues;
(b) The severity of the offense;
(c) The time necessary to provide an adequate defense; or
(d) Other special circumstances,
deems it appropriate to grant a fee in excess of the applicable maximum, the payment must be made, but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service of office.
5. The magistrate, the district court or the supreme court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.
________
κ1993 Statutes of Nevada, Page 2467κ
Assembly Bill No. 311Committee on Commerce
CHAPTER 591
AN ACT relating to architecture; making various changes relating to the practice of architecture and the practice of residential design; making various changes relating to the state board of architecture; authorizing the board to charge additional fees; prohibiting a person from engaging in the practice of architecture or residential design without a certificate of registration issued by the board; increasing the penalty for a second or subsequent violation of the laws governing architects; 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 623 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who is not registered to practice architecture in this state may hold himself out as an architect for the purposes of presenting a proposal for professional services or his qualifications as an architect in this state if:
(a) He is requested to do so by a client or a prospective client in this state;
(b) He holds a certificate issued by the National Council of Architectural Registration Boards; and
(c) He has been issued a temporary certificate of registration.
2. Upon receiving from a client or prospective client a request that he present a proposal for professional services or his qualifications as an architect, a person who is not registered to practice architecture in this state shall immediately send written notification to the client or prospective client explaining that he is not registered as an architect in this state and that he is unable to ensure that the board will issue to him a certificate of registration to practice architecture in this state.
3. To apply for a temporary certificate of registration, a person must submit to the board:
(a) An application, in such form and content as the board may prescribe;
(b) A copy of a letter from the client or prospective client requesting that the person present a proposal for professional services or his qualifications as an architect;
(c) The fee for a temporary certificate of registration required by the board pursuant to NRS 623.310; and
(d) A copy of the written notification required pursuant to subsection 2.
4. The board shall not issue more than three temporary certificates of registration to the same person.
5. A temporary certificate of registration expires 90 days after it has been issued.
Sec. 2. NRS 623.015 is hereby amended to read as follows:
623.015 As used in this chapter, unless the context otherwise requires:
1. Architect means any person who engages in the practice of architecture [.] and holds a certificate of registration issued by the board.
2. Board means the state board of architecture.
κ1993 Statutes of Nevada, Page 2468 (CHAPTER 591, AB 311)κ
3. Certificate of registration means the certificate of registration issued by the board to an architect or to a residential designer.
4. The practice of architecture consists of holding out to the public, and rendering or offering to render, services embracing the scientific, esthetic and orderly coordination of processes which enter into the production of a completed structure which has as its principal purpose human habitation or occupancy, and the utilization of space within and surrounding the structure, performed through the medium of plans, specifications, administration of construction, preliminary studies, consultations, evaluations, investigations, contract documents and advice and direction.
5. The practice of residential design consists of [preparing the necessary instruments of service, including drawings and specifications, for:
(a) Single-family dwelling units; and
(b) Multifamily dwelling structures composed of not more than four dwelling units in each structure and not exceeding two stories in height.
6.] holding out to the public, or rendering or offering to render, services embracing the scientific, esthetic or orderly coordination of processes which enter into the production of completed single-family dwelling units and multi-family dwelling structures not exceeding two stories in height, composed of not more than four units in each structure, and the utilization of space within and surrounding such units or structures, performed through the medium of plans, specifications, administration of construction, preliminary studies, consultations, evaluations, investigations, contract documents and advice and direction.
7. Residential designer means any person who engages in the practice of residential design and holds a certificate [and seal] of registration issued by the board.
Sec. 3. NRS 623.110 is hereby amended to read as follows:
623.110 1. Special meetings of the board must be called by the secretary upon the request of three of its members, and by giving 10 days written notice of the meeting and the time and place that the meeting is to be held to each member of the board unless notice is waived by the members.
2. The board may, when deemed necessary by the chairman or secretary, and when a formal meeting is not practical, vote upon any specific issue by telephone . [or mail. If a vote is by telephone, each member who voted shall promptly mail a written confirmation of his vote to the secretary.]
Sec. 4. NRS 623.180 is hereby amended to read as follows:
623.180 1. No person may practice architecture, or use the title of architect, or practice residential design, or use the title of residential designer, in this state without having a current certificate of registration issued to him under the provisions of this chapter.
2. Whenever the requirements for registration under the provisions of this chapter have been fully complied with and fulfilled by an applicant, the board shall issue to the successful applicant a certificate as a registered architect or residential designer. If the certificate is to be issued after the beginning of a biennium, the applicant shall pay the full fee which is prescribed.
3. The certificate is synonymous with registration with a serial number and seal. Any person who is issued a certificate may practice architecture or residential design in this state, subject to the provisions of this chapter and the regulations of the board.
κ1993 Statutes of Nevada, Page 2469 (CHAPTER 591, AB 311)κ
residential design in this state, subject to the provisions of this chapter and the regulations of the board.
4. The unauthorized use or display of a certificate of registration is unlawful.
Sec. 5. NRS 623.185 is hereby amended to read as follows:
623.185 1. Upon being issued a certificate of registration, each registered architect or residential designer shall obtain a seal of the design authorized by the board, bearing the architects or designers name, the number of his certificate of registration, and the legend Registered Architect or Residential Designer.
2. Plans, specifications, reports and other documents issued by a registered architect or residential designer for official use must be signed, sealed and dated on the title page by the architect or designer.
3. It is unlawful for a person to stamp or seal any plans, specifications, reports or other documents with the seal after the certificate of registration of the architect or residential designer, named therein, has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.
Sec. 6. NRS 623.260 is hereby amended to read as follows:
623.260 [Any]
1. Except as otherwise provided in subsection 2, any holder of a certificate of registration which has expired through failure to be renewed may obtain a renewal of such certificate, at any time within 1 year from the date of its expiration, upon application to and with the approval of the board. The time for renewal of such expired certificate may be extended at the discretion of the board.
2. The board may, by regulation, provide for the late renewal of a certificate of registration which has not been renewed within 1 year after the date of its expiration.
Sec. 7. NRS 623.270 is hereby amended to read as follows:
623.270 1. The board may place the holder of any certificate of registration issued pursuant to this chapter on probation, reprimand him, fine him not more than $10,000, suspend or revoke his license, impose the costs of investigation and prosecution upon him or take any combination of these disciplinary actions, if proof satisfactory to the board is presented that:
[1.] (a) The certificate was obtained by fraud [.
2.] or concealment of a material fact.
(b) The holder of the certificate has been found guilty by the board or by a court of justice of any fraud , [or] deceit or concealment of a material fact in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.
[3.] (c) The holder of the certificate has been found guilty by the board of [repeated incompetency or] incompetency, negligence or gross negligence in the practice of architecture or residential design.
[4.] (d) The holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his [immediate direction and] direct supervision, or has permitted the use of his name to assist any person who is not a registered architect to evade any provision of this chapter.
κ1993 Statutes of Nevada, Page 2470 (CHAPTER 591, AB 311)κ
[5.] (e) The holder of a certificate has aided or abetted any unauthorized person to practice architecture or residential design.
[6.] (f) The holder of the certificate has violated any law, regulation or rule of ethics pertaining to the practice of architecture or residential design.
(g) The holder of a certificate has failed to comply with an order issued by the board.
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.
2. Conditions for probation imposed pursuant to subsection 1 may include, but are not limited to:
(a) Restriction on the scope of professional practice.
(b) Peer review.
(c) Required education or counseling.
(d) Payment of restitution to all parties who suffered harm or loss.
(e) Payment of all costs of the administrative investigation and prosecution.
3. As used in this section:
(a) Gross negligence means the intentional failure to perform a duty in reckless disregard of the consequences affecting the life or property of another person.
(b) Incompetency means conduct which, in the practice of the profession of architecture or residential design, demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.
(c) Negligence means a deviation from the normal standard of professional care exercised generally by other members of the profession.
Sec. 8. NRS 623.300 is hereby amended to read as follows:
623.300 At any time after [the expiration of 6 months] 1 year from the date of revocation of a certificate [,] of registration, and upon the payment of all costs incurred by the board as a result of the case at issue by the person whose certificate has been revoked, that person may make application to the board for a new certificate, and the board, at its discretion and upon evidence which in its opinion would warrant the granting of a new certificate, may issue a new certificate.
Sec. 9. NRS 623.310 is hereby amended to read as follows:
623.310 The board shall, by regulation, adopt a fee schedule which may not exceed the following:
For an examination for a certificate ................... [$500.00] $800.00
For rewriting an examination or a part or parts failed [500.00] 800.00
For a certificate of registration ............................................... 125.00
For a temporary certificate of registration ......................... 500.00
For initial registration or renewal of registration .. [200.00] 300.00
For the late renewal of an expired certificate within 1 year after its expiration ......................................................................... 220.00
For the [restoration of an expired or revoked] late renewal of a certificate which has been expired for more than 1 year but not more than 3 years .................................................................................. 300.00 For the restoration of a revoked certificate ........... 500.00
κ1993 Statutes of Nevada, Page 2471 (CHAPTER 591, AB 311)κ
For the restoration of a revoked certificate ........................ 500.00
For change of address .............................................................. 5.00
For replacement of a certificate ............................................. 30.00
For application forms .............................................................. 25.00
For photostatic copies, each sheet ......................................... .25
Sec. 10. NRS 623.330 is hereby amended to read as follows:
623.330 1. The following persons are exempt from the provisions of this chapter:
(a) A person engaging in architectural work as an employee of a registered architect or residential designer, if the work does not include responsible charge of design or supervision, or a consultant retained by a registered architect or residential designer.
(b) A person [practicing architecture as an officer or full-time employee of the United States Government for federal public works projects] hired by the Federal Government to practice architecture on federal land.
(c) A professional engineer registered under the provisions of chapter 625 of NRS who designs buildings as permitted by chapter 625 of NRS.
(d) A contractor licensed under the provisions of chapter 624 of NRS who provides his own drawings for his own construction activities.
(e) Any person who prepares plans, drawings or specifications for:
(1) Buildings for his own private residential use; or
(2) Farm or ranch buildings used as such.
2. Any person exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.
3. The exemptions provided by this section do not entitle any person who does not hold a current certificate of registration to hold himself out to the public or advertise himself as an architect or residential designer.
Sec. 11. NRS 623.350 is hereby amended to read as follows:
623.350 1. Nothing in this chapter prevents firms, partnerships, corporations or associations of architects, engineers and landscape architects, or any combination thereof, from practicing as such, if each director, stockholder and officer of the corporation and each partner or associate of the firm, partnership or association is registered under the applicable provisions of this chapter, chapter 623A or chapter 625 of NRS.
2. Every office or place of business of any firm, partnership, corporation or association engaged in the practice of architecture must have an architect [holding] who is a resident of this state and holds a certificate of registration issued [under] pursuant to this chapter regularly working in the office or place of business and directly responsible for the administration of the architectural work conducted in the office or place of business.
3. The provisions of subsection 2 do not apply to firms, partnerships, corporations or associations engaged in the practice of architecture at offices established for construction administration.
Sec. 12. NRS 623.353 is hereby amended to read as follows:
623.353 A residential designer shall not engage in rendering services for any building or structure not specified in subsection [5] 6 of NRS 623.015 unless he does so under the direct supervision of a registered architect. In such cases the architect [shall be] is the sole contracting party, has full responsibility for the work performed by the residential designer, shall supervise any work [so] performed by the residential designer [;] and shall file the agreement between the residential designer and the architect with the secretary of the [state board of architecture] board within 10 days after the execution of [such] the agreement.
κ1993 Statutes of Nevada, Page 2472 (CHAPTER 591, AB 311)κ
responsibility for the work performed by the residential designer, shall supervise any work [so] performed by the residential designer [;] and shall file the agreement between the residential designer and the architect with the secretary of the [state board of architecture] board within 10 days after the execution of [such] the agreement.
Sec. 13. NRS 623.360 is hereby amended to read as follows:
623.360 1. [Any person is guilty of a misdemeanor who:
(a) Holds] It is unlawful for any person to:
(a) Hold himself out to the public or [solicits] to solicit business as an architect or residential designer in this state without having a certificate of registration or temporary certificate issued by the board;
(b) [Advertises or puts] Advertise or put out any sign, card or other device which indicates to the public that he is an architect or residential designer or that he is otherwise qualified to engage in the practice of architecture or residential design without having a certificate of registration issued by the board; [or
(c) Violates]
(c) Engage in the practice of architecture or residential design without a certificate of registration issued by the board; or
(d) Violate any other provision of this chapter.
2. [Whenever] Any person who violates any of the provisions of subsection 1:
(a) For the first violation, is guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.
(b) For the second or any subsequent violation, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $1,000 nor more than $2,000, and may be further punished by imprisonment in the county jail for not more than 1 year.
3. If any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct. Proceedings [under] pursuant to this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the board.
Sec. 14. Section 7 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 2473κ
Assembly Bill No. 295Assemblyman Spitler (by request)
CHAPTER 592
AN ACT relating to cigarettes; revising provisions regarding the sale of cigarettes by wholesale dealers; 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 370.005 is hereby amended to read as follows:
370.005 Basic cost of cigarettes means the manufacturers invoice [or replacement] cost of cigarettes by carton to the wholesale dealer in the quantity last purchased, [whichever is lower, plus the full value of any cigarette revenue stamps that are affixed to the packages, packets or containers of cigarettes, if not include in the invoice cost, less all trade discounts, except cash discounts.] less all allowances in an amount not exceeding 2.5 percent of the invoice cost of cigarettes by carton, plus the full value of any cigarette revenue stamps that are affixed to the packages, packets or containers of cigarettes, if not included in the invoice cost of cigarettes by carton.
Sec. 2. NRS 370.027 is hereby amended to read as follows:
370.027 Cost to the wholesale dealer means the basic cost of cigarettes to the wholesale dealer [plus the cost of doing business by the wholesale dealer as evidenced by the standards and methods of accounting regularly employed by the wholesale dealer in the determination of costs for the purpose of reporting federal income tax for the total operation of his establishment, and includes costs for labor, salaries of executives and officers, rent, depreciation, sales, maintenance of equipment, delivery, interest payable, licenses, taxes, insurance and advertising, expressed as a percentage of and applied to the basic cost of cigarettes.] , except as otherwise provided in this chapter.
Sec. 3. NRS 370.210 is hereby amended to read as follows:
370.210 A person shall not affix cigarette revenue stamps or metered machine impressions to any package, packet or container of cigarettes except upon the premises described in the license of a cigarette dealer [within this state,] or upon other premises [within this state] where authorized by regulation.
Sec. 4. NRS 370.255 is hereby amended to read as follows:
370.255 Each dealer authorized to purchase or affix cigarette revenue stamps shall maintain records of all cigarettes received, sold or distributed by him. Each dealer shall also obtain and keep receipts, freight bills, invoices and other documents necessary to substantiate his records. Records and documents shall be kept at the dealers place of business [in Nevada] for not less than 4 years unless the department authorizes, in writing, their earlier removal or destruction.
Sec. 5. NRS 370.371 is hereby amended to read as follows:
370.371 1. A wholesale dealer shall not [,] engage in predatory pricing with intent to injure competitors or destroy or lessen competition substantially [:
κ1993 Statutes of Nevada, Page 2474 (CHAPTER 592, AB 295)κ
(a) Advertise, offer to sell or sell] by:
(a) Advertising, offering to sell or selling at wholesale, cigarettes at less than the cost to the wholesale dealer; or
(b) [Offer] Offering any rebate or concession in price or [give] giving any rebate or concession in price in connection with the sale of cigarettes.
2. A retail dealer shall not [:
(a) Induce, attempt to induce, procure or attempt] engage in predatory pricing with the intent to injure competitors or lessen competition substantially by:
(a) Inducing, attempting to induce, procuring or attempting to procure the purchase of cigarettes at a price less than the cost to the wholesale dealer; or
(b) [Induce, attempt to induce, procure or attempt] Inducing, attempting to induce, procuring or attempting to procure any rebate or concession in connection with the purchase of cigarettes.
3. A person who violates the provisions of this section shall be punished by a fine of not more than $50 for each offense.
4. Evidence of:
(a) An advertisement, an offer to sell or the sale of cigarettes by a wholesale dealer at less than the cost to him;
(b) An offer of a rebate in price, the giving of a rebate in price, an offer of a concession or the giving of a concession in connection with the sale of cigarettes; or
(c) The inducement, attempt to induce, procurement or attempt to procure the purchase of cigarettes at a price less than the cost to the wholesale dealer, is prima facie evidence of intent and likelihood to injure competition and to destroy or lessen competition substantially.
Sec. 6. NRS 370.3715 is hereby amended to read as follows:
370.3715 The executive director may adopt regulations for the enforcement of NRS 370.371 to 370.379, inclusive . [, and may undertake a survey of costs for the purposes of NRS 370.377 upon request by a wholesale dealer.]
Sec. 7. NRS 370.372 is hereby amended to read as follows:
370.372 [1.] In determining the cost of cigarettes to a wholesale dealer:
[(a)] 1. A fractional part of a cent amounting to 1/10 of 1 cent or more in cost to the wholesale dealer per carton of 10 packages of cigarettes must be rounded off to the next higher cent.
[(b) Merchandise given without charge or a payment made to a wholesale dealer by a manufacturer for display, advertising or promotional purposes must not be considered.
(c)] 2. The invoice cost of cigarettes purchased at a forced sale, bankruptcy sale, closeout sale or other sale outside of the ordinary channels of trade must not be used to justify a price lower than the replacement cost of cigarettes to the wholesale dealer in the quantity last purchased through the ordinary channels of trade.
[2. In the absence of proof of a lower or higher cost of doing business by a wholesale dealer, the cost of doing business is the dealers average cost of operation, expressed as a percentage of the basic cost of cigarettes.]
κ1993 Statutes of Nevada, Page 2475 (CHAPTER 592, AB 295)κ
Sec. 8. NRS 370.373 is hereby amended to read as follows:
370.373 [If a wholesale dealer sells cigarettes to another wholesale dealer, the seller is not required to charge the cost to the wholesale dealer, but the sale price must not be less than the basic cost of cigarettes.] A wholesale dealer who sells cigarettes bought from another wholesale dealer to a retail dealer, or for use or consumption, shall be deemed to be making a sale at wholesale.
Sec. 9. NRS 370.374 is hereby amended to read as follows:
370.374 1. A wholesale dealer may advertise, offer to sell or sell cigarettes at a price made in good faith to meet the lawful price of a competitor who is rendering the same type of service and is selling the same article at cost to him as a wholesale dealer.
2. The price of cigarettes advertised, offered for sale or sold under an exception specified in NRS 370.3735 or at a bankruptcy sale is not the price of a competitor for the purposes of this section.
3. In the absence of proof of the price of a competitor, the lowest cost to the wholesale dealer determined by a survey of costs that [meets the requirements of NRS 370.377] is made in accordance with recognized statistical and cost-accounting practices for a trade area shall be deemed the price of a competitor.
Sec. 10. NRS 370.3745 and 370.377 are hereby repealed.
________
Assembly Bill No. 244Assemblymen Giunchigliani, Chowning, Evans, Myrna Williams, Spitler, Arberry, Perkins, Heller, Humke, Dini, Price, Segerblom, Carpenter, Neighbors, Petrak, Anderson, Gibbons, Toomin, Kenny, Haller, Bache, Lambert, Scherer, Smith, Freeman, Garner, Bennett, Regan, Hettrick, Marvel, Gregory, de Braga, Collins, Augustine, Wendell Williams, Ernaut and Schneider
CHAPTER 593
AN ACT relating to victims of crimes; providing that identifying information concerning the victim of a sexual assault is confidential; prohibiting the disclosure of such information; providing exceptions; authorizing a civil action against persons who unlawfully disclose such information; 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 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The legislature finds and declares that:
1. This state has a compelling interest in assuring that the victim of a sexual assault:
(a) Reports the assault to the appropriate authorities;
(b) Cooperates in the investigation and prosecution of the assault; and
κ1993 Statutes of Nevada, Page 2476 (CHAPTER 593, AB 244)κ
(c) Testifies at the criminal trial of the person charged with committing the assault.
2. The fear of public identification and invasion of privacy are fundamental concerns for the victims of sexual assault. If these concerns are not addressed and the victims are left unprotected, the victims may refrain from reporting and prosecuting sexual assaults.
3. A victim of a sexual assault may be harassed, intimidated and psychologically harmed by a public report that identifies the victim. A sexual assault is, in many ways, a unique, distinctive and intrusive personal trauma. The consequences of identification are often additional psychological trauma and the public disclosure of private personal experiences.
4. Recent public criminal trials have focused attention on these issues and have dramatized the need for basic protections for the victims of sexual assault.
5. The public has no overriding need to know the individual identity of the victim of a sexual assault.
6. The purpose of sections 3 to 6, inclusive, of this act is to protect the victims of sexual assault from harassment, intimidation, psychological trauma and the unwarranted invasion of their privacy by prohibiting the disclosure of their identities to the public.
Sec. 3. 1. Except as otherwise provided in this section, any information which is contained in:
(a) Court records, including testimony from witnesses;
(b) Intelligence or investigative date, reports of crime or incidents of criminal activity or other information;
(c) Records of criminal history, as that term is defined in NRS 179A.070; and
(d) Records in the central repository for Nevada records of criminal history,
that reveals the identity of a victim of sexual assault is confidential, including but not limited to the victims photograph, likeness, name, address or telephone number.
2. A defendant charged with a sexual assault and his attorney are entitled to all identifying information concerning the victim in order to prepare the defense of the defendant. The defendant and his attorney shall not disclose this information except, as necessary to those persons directly involved in the preparation of the defense.
3. A court of competent jurisdiction may authorize the release of the identifying information, upon application, if the court determines that:
(a) The person making the application has demonstrated to the satisfaction of the court that good cause exists for the disclosure;
(b) The disclosure will not place the victim at risk of personal harm; and
(c) Reasonable notice of the application and an opportunity to be heard have been given to the victim.
4. Nothing in this section prohibits:
(a) Any publication or broadcast by the media concerning a sexual assault.
(b) The disclosure of identifying information to any nonprofit organization or public agency whose purpose is to provide counseling, services for the management of crises or other assistance to the victims of crimes if:
κ1993 Statutes of Nevada, Page 2477 (CHAPTER 593, AB 244)κ
(1) The organization or agency needs identifying information of victims to offer such services; and
(2) The court or a law enforcement agency approves the organization or agency for the receipt of the identifying information.
5. The willful violation of any provision of this section or the willful neglect or refusal to obey any court order made pursuant thereto is punishable as criminal contempt.
Sec. 4. 1. A victim of a sexual assault may choose a pseudonym to be used instead of the victims name on all files, records and documents pertaining to the sexual assault, including, without limitation, criminal intelligence and investigative reports, court records and media releases.
2. A victim who chooses to use a pseudonym shall file a form to choose a pseudonym with the law enforcement agency investigating the offense. The form must be provided by the law enforcement agency.
3. If the victim files a form to use a pseudonym, as soon as practicable the law enforcement agency shall make a good faith effort to:
(a) Substitute the pseudonym for the name of the victim on all reports, files and records in the agencys possession; and
(b) Notify the prosecuting attorney of the pseudonym.
The law enforcement agency shall maintain the form in a manner that protects the confidentiality of the information contained therein.
4. Upon notification that a victim has elected to be designated by a pseudonym, the court shall ensure that the victim is designated by the pseudonym in all legal proceedings concerning the sexual assault.
5. The information contained on the form to choose a pseudonym concerning the actual identity of the victim is confidential and must not be disclosed to any person other than the defendant or his attorney unless a court of competent jurisdiction orders the disclosure of the information. The disclosure of information to a defendant or his attorney is subject to the conditions and restrictions specified in subsection 2 of section 3 of this act. A person who violates this subsection is guilty of a misdemeanor.
6. A court of competent jurisdiction may order the disclosure of the information contained on the form only if it finds that the information is essential in the trial of the defendant accused of the sexual assault or the identity of the victim is at issue.
7. A law enforcement agency that complies with the requirements of this section is immune from civil liability for unknowingly or unintentionally:
(a) Disclosing any information contained on the form filed by a victim of sexual assault pursuant to this section that reveals the identity of the victim; or
(b) Failing to substitute the pseudonym of the victim for the name of the victim on all reports, files and records in the agencys possession.
Sec. 5. 1. A public officer or employee who has access to any records, files or other documents which include the photograph, likeness, name, address, telephone number or other fact or information that reveals the identity of a victim of a sexual assault shall not intentionally or knowingly disclose the identifying information to any person other than:
(a) The defendant or his attorney;
κ1993 Statutes of Nevada, Page 2478 (CHAPTER 593, AB 244)κ
(b) A person who is directly involved in the investigation, prosecution or defense of the case;
(c) A person specifically named in a court order issued pursuant to section 3 of this act; or
(d) A nonprofit organization or public agency approved to receive the information pursuant to section 3 of this act.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 6. The provisions of sections 3, 4 and 5 of this act do not apply if the victim of the sexual assault voluntarily waives, in writing, the confidentiality of the information concerning the victims identity.
Sec. 7. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who has suffered injury as the proximate result of a violation of the provisions of sections 3 to 6, inclusive, of this act may bring an action for the recovery of his actual damages and any punitive damages which the facts may warrant.
________
Assembly Bill No. 219Committee on Education
CHAPTER 594
AN ACT relating to private postsecondary education; revising the fees charged by the commission on postsecondary education; 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 394.540 is hereby amended to read as follows:
394.540 1. All fees must be collected by the administrator and deposited in the state treasury to the credit of the state general fund, and no fees so collected are subject to refund.
2. The fees are:
(a) For a new license .......................................................................... $1,500
(b) For an application by an unlicensed out-of-state educational institution to employ agents in this state ...................................................................... 1,000
(c) For a change of ownership ............................................... [250] 750
[(c)] (d) To add a new degree or vocational program ...... [100] 500
[(d)] (e) For an initial agents permit [or renewal ................. 50] 200
(f) For the renewal of an agents permit ....................................... 100
(g) For a transcript of an academic record which is in the possession of the administrator pursuant to NRS 394.550............................................... 5
3. In addition, the administrator shall collect from each licensed post-secondary educational institution a fee equal to $4 for each student from which the institution has received tuition or registration fees. The institution shall collect this fee from each such student at the time of the students initial enrollment with the institution.
κ1993 Statutes of Nevada, Page 2479 (CHAPTER 594, AB 219)κ
enrollment with the institution. On or before the first day of January, April, July and October, the institution shall transmit to the administrator the fees collected pursuant to this subsection during the preceding quarter. The administrator shall deposit the fees so transmitted with the state treasurer for credit to the state general fund.
Sec. 2. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 157Committee on Transportation
CHAPTER 595
AN ACT relating to motor vehicles; prohibiting the department of motor vehicles and public safety from charging a fee for the reinstatement of a drivers license under certain circumstances; establishing a system for verifying that owners of motor vehicles maintain proof of financial responsibility; eliminating the restriction on the maximum time for which a drivers license may be suspended; revising various provisions relating to proof of financial responsibility and proof of security; 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 481.063 is hereby amended to read as follows:
481.063 1. The director may charge and collect reasonable fees for official publications of the department and from persons making use of files and records of the department or its various divisions for a private purpose. All money so collected must be deposited in the state treasury for credit to the motor vehicle fund.
2. The director shall not release, in any files and records made available for the solicitation of another person to purchase a product or service, the social security number of any person.
3. The director may deny any private use of the files and records if he reasonably believes that the information taken may be used for:
(a) An illegal purpose; or
(b) An unwarranted invasion of a particular persons privacy.
4. Except as otherwise provided in section 14 of this act, the director shall not allow any person to make use of information retrieved from the data base created pursuant to section 11 of this act for a private purpose and shall not in any other way release any information retrieved from that data base.
5. The director shall adopt such regulations as he deems necessary to carry out the purposes of this section.
Sec. 2. NRS 482.170 is hereby amended to read as follows:
482.170 Except as otherwise provided in NRS 481.063 [,] and section 14 of this act, all records of registration and licensing in the offices of the department are public records and open to inspection by the public during business hours.
κ1993 Statutes of Nevada, Page 2480 (CHAPTER 595, AB 157)κ
Sec. 3. 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 in the form of:
(1) A certificate of insurance on a form approved by the commissioner of insurance [,] ; or
(2) A card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185.
The department may file that evidence, return it to the applicant or otherwise dispose of it.
(g) If required, evidence of the applicants compliance with controls over emission.
4. The application must contain such other information as is required by the department, and must be accompanied by proof of ownership satisfactory to the department.
5. For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:
(a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.
(b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.
κ1993 Statutes of Nevada, Page 2481 (CHAPTER 595, AB 157)κ
(c) A person who qualifies as a self-insurer pursuant to NRS 485.380 may file a copy of his certificate of self-insurance.
(d) A person who qualifies for an operators policy of liability insurance pursuant to NRS 485.186 and 485.3091 may file evidence of that insurance.
6. At the time of applying for registration of a vehicle, an applicant may, if eligible, register to vote pursuant to NRS 293.524.
Sec. 4. NRS 482.398 is hereby amended to read as follows:
482.398 1. In a county whose population is 400,000 or more, a permit for the operation of a golf cart may be issued by the department if the golf cart is equipped as required by subsection 2 and proof of [financial responsibility] security as required for the registration of a motor vehicle is submitted when application for the permit is made.
2. The required equipment is:
(a) Headlamps;
(b) Tail lamps, reflectors, stop lamps and an emblem or placard for slow moving vehicles;
(c) Mirror; and
(d) Brakes.
Each of these items of equipment must meet the standards prescribed for motor vehicles generally.
3. A permit is not required for the operation of a golf cart during daylight, by a person holding a current drivers license, if the golf cart is:
(a) Equipped with an emblem or placard for slow moving vehicles; and
(b) Operated solely upon that portion of a highway designated by the appropriate city or county as a:
(1) Crossing for golf carts; or
(2) Route of access between a golf course and the residence or temporary abode of the owner or operator of the golf cart.
Sec. 5. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration [,] or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. For every motorcycle, a fee for registration of $33 and an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 a fee of $100, which must be [accounted for] deposited in the account for verification of insurance which is hereby created in the state [general] highway fund and must be used [only for the purposes specified in NRS 485.383.] to carry out the provisions of NRS 485.383 and sections 10 to 15, inclusive, of this act.
5. For every travel trailer, a fee for registration of $27.
6. For every permit for the operation of a golf cart, an annual fee of $10.
κ1993 Statutes of Nevada, Page 2482 (CHAPTER 595, AB 157)κ
Sec. 6. NRS 483.490 is hereby amended to read as follows:
483.490 1. [Unless otherwise provided by specific statute, the department may not suspend a license for a period of more than 1 year.
2.] After a drivers license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
[3.] 2. A driver who violates a condition of a restricted license issued under subsection [2] 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law or any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.
[4.] 3. The periods of suspensions and revocations under this chapter and under NRS 484.384 must run consecutively, except as provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
[5.] 4. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 7. NRS 483.916 is hereby amended to read as follows:
483.916 Notwithstanding any other provision of law to the contrary, the department shall furnish full information regarding the driving record of any person to:
1. The drivers license administrator of any other state or of any province or territory of Canada who requests that information;
2. Any employer or prospective employer of that person upon his request and payment of a fee established in regulations adopted by the department; or
3. Any insurer upon its request and payment of a fee established in regulations adopted by the department [.] if the insurer has complied with the provisions of section 12 of this act.
Sec. 8. NRS 484.792 is hereby amended to read as follows:
484.792 Whenever the driver of a vehicle is stopped by a peace officer for violating a provision of this chapter, except for violating a provision of NRS 484.395 to 484.443, inclusive, the officer shall demand proof of the security required by NRS 485.185, and issue a citation as provided in NRS 484.799 if the officer has probable cause to believe that the [owner] driver of the vehicle is in violation of NRS 485.187. If the driver of the vehicle is not the owner, [the citation may] a citation must also be issued to the owner , [instead of the driver,] and in such a case the driver:
κ1993 Statutes of Nevada, Page 2483 (CHAPTER 595, AB 157)κ
[the citation may] a citation must also be issued to the owner , [instead of the driver,] and in such a case the driver:
1. Is authorized to sign the citation on behalf of the owner; and
2. Shall notify the owner of the citation within 3 days after it is issued.
The agency which employs the peace officer shall immediately forward a copy of the citation to the registered owner of the vehicle, by certified mail, at his address as it appears on the certificate of registration
Sec. 9. Chapter 485 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 15, inclusive, of this act.
Sec. 10. As used in NRS 485.383 and sections 10 to 15, inclusive, of this act, unless the context otherwise requires, designated agent means the department or, if applicable, the nongovernmental agency whom the department contracts with to develop and maintain a data base for verifying that the owners of motor vehicles maintain the proof of financial responsibility required by NRS 485.185.
Sec. 11. 1. The department of motor vehicles and public safety shall create a system for verifying that the owners of motor vehicles maintain the proof of financial responsibility required by NRS 485.185.
2. If the director determines that it is necessary to contract with a nongovernmental agency to develop and maintain the data base of the records submitted by insurers pursuant to section 12 of this act and the names submitted by the division pursuant to section 13 of this act, the director shall take such actions as are necessary to do so.
Sec. 12. 1. On or before the seventh calendar day of each month, each insurer that has executed a contract of insurance for a motor vehicle liability policy which may be used as proof of financial responsibility to meet the requirements of NRS 485.185 shall provide the department or its designated agent with a record of each such policy in effect or terminated in the previous month on the date the record is provided. The record must include:
(a) The name and number of each insured named in the policy of insurance;
(b) The make, year and vehicle identification number of each motor vehicle included in the policy of insurance; and
(c) The number, effective date and expiration date of the policy of insurance.
2. The record provided pursuant to subsection 1 must be submitted in a form approved by the department and may include, without limitation, magnetic tape or any other electronic medium deemed acceptable by the department.
Sec. 13. 1. On or before the seventh calendar day of each month, the division shall provide to the designated agent, if applicable, the name of each person:
(a) To whom it has issued a certificate of self-insurance and the name of each person whose certificate it has canceled.
(b) Who has filed a bond with the division as provided in NRS 485.3094 and the name of each person who has canceled such a bond.
(c) Who has obtained a certificate of deposit of money or securities as provided in NRS 485.3095.
κ1993 Statutes of Nevada, Page 2484 (CHAPTER 595, AB 157)κ
2. The division shall provide any other information necessary for the designated agent to develop and maintain the data base created pursuant to section 11 of this act.
Sec. 14. 1. Except as otherwise provided in subsections 2 and 3, information which is maintained in the data base created pursuant to section 11 of this act is confidential.
2. The department or its designated agent may only disclose information which is maintained in the data base, upon request, to a state or local governmental agency for the purpose of enforcing NRS 485.185, including investigating or litigating a violation or alleged violation.
3. The department may only disclose information retrieved from the data base to:
(a) A person who requests information regarding his own status;
(b) The parent or legal guardian of the person about whom the information is requested if the person is an unemancipated minor or legally incapacitated;
(c) A person who has a power of attorney from the person about whom the information is requested;
(d) A person who submits a notarized release from the person about whom the information is requested which is dated no more than 90 days before the date of the request; or
(e) A person who has suffered a loss or injury in an accident involving a motor vehicle who requests information for use in the accident report.
4. A person who knowingly 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 of not more than $5,000, or by both fine and imprisonment.
Sec. 15. An insurer, its agents, the department and its employees who act pursuant to NRS 485.383 and sections 10 to 15, inclusive, of this act in good faith and without gross negligence are immune from civil liability for those acts.
Sec. 16. NRS 485.105 is hereby amended to read as follows:
485.105 Proof of financial responsibility means proof of ability to respond for the future in damages for liability, on account of accidents occurring subsequent to the effective date of that proof, arising out of the ownership, maintenance or use of a motor vehicle, in the [amount of $15,000 because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of $30,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $10,000 because of injury to or destruction of property of others in any one accident.] amounts specified in NRS 485.185.
Sec. 17. NRS 485.185 is hereby amended to read as follows:
485.185 [1.] Every registered owner of a motor vehicle registered in this state and every owner of a motor vehicle which is not registered in this state as required, shall continuously provide, while the motor vehicle is present or registered in this state, by a contract of insurance for a motor vehicle liability policy or by qualifying as a self-insurer in compliance with this chapter, security [in the amounts set forth in NRS 485.105 as proof of financial responsibility] :
κ1993 Statutes of Nevada, Page 2485 (CHAPTER 595, AB 157)κ
1. In the amount of $15,000 for bodily injury to or death of one person, in any one accident;
2. Subject to the limit for one person, in the amount of $30,000 for bodily injury to or death of two or more persons in any one accident; and
3. In the amount of $10,000 for injury to or destruction of property of others in any one accident,
for payment of tort liabilities arising from maintenance or use of the motor vehicle.
[2. Whenever an application for a drivers license or for registration of a vehicle is made by a person required to maintain proof of financial responsibility by the state of his prior residency, he must file proof with the division of his financial responsibility before he may be issued a license or registration, and maintain it for the period which that state requires. If he does not so maintain it, his license and registration must be suspended.]
Sec. 18. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection [5,] 6, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having security for payment of liabilities arising from maintenance or use of the vehicle as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of current insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.
(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.
2. A person shall not operate the motor vehicle of another unless:
(a) He first ensures that the required evidence of current proof of financial responsibility is present in the motor vehicle; or
(b) He has his own proof of financial responsibility which covers him as the operator of the motor vehicle.
3. Except as otherwise provided in subsection [3,] 4, any person who violates subsection 1 or 2 shall be [fined] punished by a fine of not less than [$300] $600 nor more than $1,000 [.
3.] for each violation. The fine must be reduced to $100 for the first violation if the required proof of financial responsibility is obtained not later than 30 days after the fine is imposed.
4. A person may not be fined for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the [security] proof of financial responsibility required by NRS 485.185 was in effect at the time demand was made for it.
[4.] 5. Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.
[5.] 6. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.
κ1993 Statutes of Nevada, Page 2486 (CHAPTER 595, AB 157)κ
Sec. 19. NRS 485.190 is hereby amended to read as follows:
485.190 1. If 20 days after the receipt of a report of an accident involving a motor vehicle within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of [$350,] $750, the division does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the division shall upon request set the matter for a hearing as provided in NRS 485.191.
2. The division shall, at any time after a determination adverse to an operator or owner pursuant to NRS 485.191, suspend the license of each operator and all registrations of each owner of a motor vehicle involved in such an accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if the owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless the operator or owner, or both, deposit security in the sum so determined by the division. Notice of such a suspension must be sent by the division to the operator and owner not less than 10 days before the effective date of the suspension and must state the amount required as security. Where erroneous information is given to the division with respect to the matters set forth in paragraph (a), (b) or (c) of subsection 1 of NRS 485.200, the division shall take appropriate action as provided in this section after it receives correct information with respect to those matters.
Sec. 20. NRS 485.307 is hereby amended to read as follows:
485.307 1. [Except as otherwise required in NRS 485.185, proof] Proof of financial responsibility, when required under this chapter may be given by filing:
(a) A certificate of insurance as provided in NRS 485.308 or 485.309;
(b) A bond as provided in NRS 485.3094;
(c) A certificate of deposit of money or securities as provided in NRS 485.3095; or
(d) A certificate of self-insurance, as provided in NRS 485.380, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owners policy of liability insurance if it has issued such a policy to the self-insurer.
2. If the department suspends a license or registration pursuant to NRS 485.010 to 485.3099, inclusive, and proof of financial responsibility is a condition of reinstatement, no motor vehicle may be or continue to be registered in the name of the person whose license or registration was suspended unless proof of financial responsibility is furnished by that person.
3. Whenever the department restores a license, permit or privilege of driving a vehicle in this state which has been revoked, no motor vehicle may be or continue to be registered in the name of the person whose license, permit or privilege was revoked unless proof of financial responsibility is furnished by that person.
κ1993 Statutes of Nevada, Page 2487 (CHAPTER 595, AB 157)κ
Sec. 21. NRS 485.308 is hereby amended to read as follows:
485.308 1. Proof of financial responsibility may be furnished by filing with the division the written certificate of any insurance carrier authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate must specify its effective date and:
[1.] (a) If the policy is an owners policy of liability insurance, designate by appropriate reference all motor vehicles covered by it; or
[2.] (b) If the policy is an operators policy of liability insurance, designate the person covered.
2. An insurance carrier that certifies the existence of a motor vehicle liability policy pursuant to subsection 1, must notify the division at least 10 days before the cancellation or termination of the insurance policy.
Sec. 22. NRS 485.326 is hereby amended to read as follows:
485.326 1. The department shall suspend the:
(a) License of any person convicted of violating the provisions of subsection 1 of NRS 485.187; and
(b) Registration of the vehicle for which the person failed to provide [proof of financial responsibility.] evidence of security.
2. Any license or registration suspended pursuant to subsection 1 must remain suspended until the person shows proof of financial responsibility as set forth in NRS 485.307. The person shall maintain proof of financial responsibility for 3 years after the reinstatement of his license and registration in accordance with the provisions of this chapter, and if he fails to do so, the division shall suspend any license or registration previously suspended pursuant to subsection 1.
Sec. 23. NRS 485.380 is hereby amended to read as follows:
485.380 1. Any person in whose name more than 10 motor vehicles are registered in the State of Nevada may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the division as provided in subsection 2 . [of this section.]
2. The division may, upon the application of such a person, issue a certificate of self-insurance when it is satisfied that he possesses and will continue to possess the ability to pay judgments obtained against him.
3. The certificate of self-insurance must include:
(a) The name and address of the self-insurer;
(b) The expiration date of the self-insurance; and
(c) The statements:
(1) Self-insured; and
(2) This certificate of self-insurance or a photocopy thereof must be carried in the motor vehicle which is self-insured for production on demand.
4. Upon not less than 5 days notice and a hearing pursuant to the notice, the division may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any judgment within 30 days after it becomes final constitutes a reasonable ground for the cancellation of a certificate of self-insurance.
Sec. 24. NRS 485.383 is hereby amended to read as follows:
485.383 1. The department [shall annually verify the liability insurance of:
κ1993 Statutes of Nevada, Page 2488 (CHAPTER 595, AB 157)κ
(a) All registered owners concerning whom the department has been notified pursuant to NRS 690B.023 that a contract of insurance as security was previously terminated; and
(b) A sample of not more than 5 percent of all registered owners in this state, except registered owners of motorcycles and motor homes, on which the security is a contract of insurance.] or its designated agent shall, at least monthly, compare the current registrations of motor vehicles to the information in the data base created pursuant to section 11 of this act to verify that all owners of registered motor vehicles have maintained the proof of financial responsibility required by NRS 485.185.
2. The department shall mail a form for verification to each [such] registered owner [.] that it determines has not maintained proof of financial responsibility required by NRS 485.185. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owners or operators policy of liability insurance, and return the completed form within [15] 10 days after the date on which the form was mailed by the department.
3. When the department receives a completed form for verification it shall [mail the form to the named insurer.
4. Upon receipt of a form for verification of insurance from the department, the insurer shall] verify the information on the form . [and return it to the department only if the insurer did not have a contract of insurance as indicated on the form by the registered owner.
5.] 4. The department shall suspend the registration of the vehicle and require the return to the department of the license plates of any vehicle for which a form for verification is:
(a) Not returned to the department by the registered owner within [15] 10 days;
(b) Returned by the [insurer with a denial of coverage;] registered owner and the department is not able to verify the information on the form; or
(c) Returned by the registered owner with an admission of no coverage or without indicating an insurer or the number of a policy.
[6.] 5. If an owner who did not return a completed form for verification within the specified period:
(a) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(b) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and
(c) Presents evidence of current insurance,
the department shall rescind its suspension of the registration [and mail the completed form to the named insurer. Upon receipt of the form from the department, the insurer shall verify the information on the form and return it to the department only if the insurer did not have a contract of insurance on the date stated in the form for verification. If the form is returned by the insurer with a denial of such coverage, the department shall suspend the registration and require the return of the license plates.
7. If a form for verification is returned by the insurer with a denial of coverage or returned by the owner with an admission of no coverage, the department shall rescind its suspension of the registration of the vehicle if the owner proves to the satisfaction of the department that there was a justifiable cause for his failure to maintain liability insurance.
κ1993 Statutes of Nevada, Page 2489 (CHAPTER 595, AB 157)κ
owner proves to the satisfaction of the department that there was a justifiable cause for his failure to maintain liability insurance. The department shall not require him to file proof of financial responsibility or pay the fee required by NRS 482.480 as a prerequisite to reinstating his registration and reissuing his license plates.
8.] if it is able to verify the information on the form.
6. Except as otherwise provided in [subsections 7 and 12,] subsection 7, the department shall reinstate the registration of a vehicle and reissue the license plates only upon filing by the registered owner of proof of financial responsibility for a period of 3 years.
[9. A denial of coverage, signed by an officer or agent of an insurer, is prima facie evidence of a false certification.
10. If the department believes a person has violated the provisions of NRS 485.185, it shall notify the district attorney of the county in which the person resides.
11. An insurer, its agents, the department and its employees who act pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
12.] 7. If a registered owner proves to the satisfaction of the department that his vehicle was not used in this state for a 30-day period, including the date [about which the department was inquiring,] on which the information provided pursuant to sections 12 and 13 of this act indicated that there was no proof of financial responsibility for the vehicle, the department shall not require him to file proof of financial responsibility as a prerequisite to reinstating his registration and reissuing his license plates.
Sec. 25. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, section 15 of this act and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this section, in a court of competent jurisdiction of this state, against the State of Nevada, any agency of the state, or any political subdivision of the state. In an action against the state or any agency of the state, the State of Nevada must be named as defendant, and the summons and a copy of the complaint must be served upon the secretary of state. The secretary of state shall deliver a copy of the complaint to the risk management division of the department of administration.
3. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
κ1993 Statutes of Nevada, Page 2490 (CHAPTER 595, AB 157)κ
Sec. 26. NRS 690B.023 is hereby amended to read as follows:
690B.023 1. Except as otherwise provided in subsection 2, if security for the operation of a motor vehicle is provided by a contract of insurance, the insurer shall:
(a) Provide evidence of insurance to the insured on a form approved by the commissioner. The evidence of insurance must [show:] include:
(1) The name and address of the policyholder;
(2) The name and address of the insurer;
(3) The year, make and complete identification number of the insured vehicle or vehicles;
[(3)] (4) The term of the insurance [; and
(4) That] , including the day, month and year on which the policy:
(I) Becomes effective; and
(II) Expires;
(5) The number of the policy;
(6) A statement that the coverage meets the requirements set forth in NRS 485.185 [.
(b) Notify] ; and
(7) The statement This card must be carried in the insured motor vehicle for production upon demand. The statement must be prominently displayed.
(b) Except as otherwise provided in subsection 2, notify the registration division of the department of motor vehicles and public safety upon termination of the contract. This notice must be mailed to the department within 14 days after the termination becomes final.
(c) Provide new evidence of insurance if:
(1) The information regarding the insured vehicle or vehicles required pursuant to subparagraph (3) of paragraph (a) no longer is accurate;
(2) An additional motor vehicle is added to the policy;
(3) A new number is assigned to the policy; or
(4) The insured notifies the insurer that the original evidence of insurance has been lost.
2. Paragraph (b) of subsection 1 does not apply to any contract of insurance on a:
(a) Motorcycle;
(b) Motor home;
(c) Mini motor home; or
(d) Chassis-mount camper.
Sec. 27. NRS 690B.023 is hereby amended to read as follows:
690B.023 [1. Except as otherwise provided in subsection 2, if] If security for the operation of a motor vehicle is provided by a contract of insurance, the insurer shall:
[(a)] 1. Provide evidence of insurance to the insured on a form approved by the commissioner. The evidence of insurance must include:
[(1)] (a) The name and address of the policyholder;
[(2)] (b) The name and address of the insurer;
[(3)] (c) The year, make and complete identification number of the insured vehicle or vehicles;
κ1993 Statutes of Nevada, Page 2491 (CHAPTER 595, AB 157)κ
[(4)] (d) The term of the insurance, including the day, month and year on which the policy:
[(I)] (1) Becomes effective; and
[(II)] (2) Expires;
[(5)] (e) The number of the policy;
[(6)] (f) A statement that the coverage meets the requirements set forth in NRS 485.185; and
[(7)] (g) The statement This card must be carried in the insured motor vehicle for production upon demand. The statement must be prominently displayed.
[(b) Except as otherwise provided in subsection 2, notify the registration division of the department of motor vehicles and public safety upon termination of the contract. This notice must be mailed to the department within 14 days after the termination becomes final.
(c)] 2. Provide new evidence of insurance if:
[(1)] (a) The information regarding the insured vehicle or vehicles required pursuant to [subparagraph (3) of paragraph (a)] paragraph (c) of subsection 1 no longer is accurate;
[(2)] (b) An additional motor vehicle is added to the policy;
[(3)] (c) A new number is assigned to the policy; or
[(4)] (d) The insured notifies the insurer that the original evidence of insurance has been lost.
[2. Paragraph (b) of subsection 1 does not apply to any contract of insurance on a:
(a) Motorcycle;
(b) Motor home;
(c) Mini motor home; or
(d) Chassis-mount camper.]
Sec. 28. Section 2 of Senate Bill No. 227 of this session is hereby amended to read as follows:
Sec. 2. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, section 15 of [this act] Assembly Bill No. 157 of this session and subsection [3] 4 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and subsection [3] 4 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this section [, in a court of competent jurisdiction of this state,] against the State of Nevada [, any agency of the state,] or any political subdivision of the state. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the state whose actions are the basis for the suit.
κ1993 Statutes of Nevada, Page 2492 (CHAPTER 595, AB 157)κ
commission, board or other agency of the state whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the [state or any agency of the state, the] State of Nevada , [must be named as defendant, and] the summons and a copy of the complaint must be served upon the secretary of state [. The] and the person serving in the office of administrative head of the named agency.
3. Upon receipt of such a complaint, the secretary of state shall deliver a copy of the complaint to the risk management division of the department of administration.
[3.] 4. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
Sec. 29. Section 6 of Assembly Bill No. 115 of this session is hereby amended to read as follows:
Sec. 6. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, section 15 of Assembly Bill No. 157 of this session , [and] subsection 4 of this section [,] and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, [and] subsection 4 of this section [,] and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this section against the State of Nevada or any political subdivision of the state. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the state whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon the secretary of state and the person serving in the office of administrative head of the named agency.
3. Upon receipt of such a complaint, the secretary of state shall deliver a copy of the complaint to the risk management division of the department of administration.
4. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
Sec. 30. Section 3 of Assembly Bill No. 156 of this session is hereby amended to read as follows:
Sec. 3. NRS 485.187 is hereby amended to read as follows:
κ1993 Statutes of Nevada, Page 2493 (CHAPTER 595, AB 157)κ
485.187 1. Except as otherwise provided in subsection 6, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having security for payment of liabilities arising from maintenance or use of the vehicle as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of current insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.
(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.
2. A person shall not operate the motor vehicle of another unless:
(a) He first ensures that the required evidence of current proof of financial responsibility is present in the motor vehicle; or
(b) He has his own proof of financial responsibility which covers him as the operator of the motor vehicle.
3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the required proof of financial responsibility is obtained not later than 30 days after the fine is imposed.
4. A person may not be fined for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the proof of financial responsibility required by NRS 485.185 was in effect at the time demand was made for it.
5. Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.
6. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 or section 1 of this act authorizing the movement or operation of that vehicle within the state for a limited time.
Sec. 31. Section 1 of Senate Bill No. 193 of this session is hereby amended to read as follows:
Section 1. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. For every motorcycle, a fee for registration of $33 and an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
κ1993 Statutes of Nevada, Page 2494 (CHAPTER 595, AB 157)κ
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. [To] Except as otherwise provided in NRS 485.383, to reinstate the registration of a motor vehicle suspended pursuant to [NRS 485.383] that section, a fee of $100, which must be deposited in the account for verification of insurance which is hereby created in the state highway fund and must be used to carry out the provisions of NRS 485.383 and sections 10 to 15, inclusive, of [this act.] Assembly Bill No. 157 of this session.
5. For every travel trailer, a fee for registration of $27.
6. For every permit for the operation of a golf cart, an annual fee of $10.
Sec. 32. Section 1 of Assembly Bill No. 648 of this session is hereby amended to read as follows:
Section 1. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. Except as otherwise provided in NRS 485.383, to reinstate the registration of a motor vehicle suspended pursuant to that section, a fee of $100, which must be deposited in the account for verification of insurance which is hereby created in the state highway fund and must be used to carry out the provisions of NRS 485.383 and sections 10 to 15, inclusive, of Assembly Bill No. 157 of this session.
5. For every travel trailer, a fee for registration of $27.
6. For every permit for the operation of a golf cart, an annual fee of $10.
Sec. 33. Notwithstanding the provisions of this act, each insurer must comply with the provisions of section 12 of this act on or before July 1, 1994.
Sec. 34. 1. This section and sections 1, 2, 5, 8 to 11, inclusive, 14, 15, 18, 25 and 28 to 33, inclusive, of this act become effective upon passage and approval.
2. Sections 3, 4, 6, 16, 17, 19 to 23, inclusive, and 26 of this act become effective on October 1, 1993.
3. Sections 7, 12, 13, 24 and 27 of this act become effective on July 1, 1994.
________
κ1993 Statutes of Nevada, Page 2495κ
Assembly Bill No. 148Assemblymen Petrak, Dini, Carpenter, McGaughey, Smith, Augustine, Gibbons, Chowning, Giunchigliani, Humke, Toomin, Myrna Williams, Freeman, Bennett, Marvel, Neighbors, Bonaventura, Hettrick, Heller, Perkins, Segerblom, Ernaut, de Braga, Kenny, Garner, Price, Bache, Arberry, Collins, Gregory, Evans, Spitler, Porter, Sader, Wendell Williams, Regan, Haller, Anderson and Lambert
CHAPTER 596
AN ACT relating to insurance; requiring certain policies of insurance regarding motor vehicles to include a provision for the reduction of the premium if the vehicle is equipped with certain safety devices; 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 690 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A policy of insurance providing coverage arising out of the ownership, maintenance or use of a motor vehicle which is delivered or issued for delivery in this state and includes coverage for the payment of reasonable and necessary medical expenses or uninsured and underinsured motorists coverage, or both, must contain a provision for the reduction in the premium for such coverage if the motor vehicle:
(a) Is equipped with an air bag on the drivers side of the front seat or air bags on the drivers side and passengers side of the front seat; and
(b) Contains any other safety device, other than safety belts, which substantially enhances the safety of the occupants of the motor vehicle.
2. The reduction in premiums required by subsection 1 must be based upon the actuarial and loss experience data available to each insurer and must be approved by the commissioner. The insurer may offer additional reductions in premiums pursuant to the requirements set forth in subsection 1 if they are approved by the commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.
3. The commissioner shall review and approve or disapprove each policy of insurance that offers a reduction in the premiums provided for in this section. An insurer must receive the written approval of the commissioner before delivering or issuing for delivery a policy that provides for such a reduction.
Sec. 2. The provisions of section 1 of this act apply to any policy of insurance for liability of a motor vehicle which is issued or renewed on or after October 1, 1993.
________
κ1993 Statutes of Nevada, Page 2496κ
Assembly Bill No. 90Assemblymen Myrna Williams, Dini, Spitler, Evans, Marvel, Humke, Perkins, Chowning, Giunchigliani, Heller, Tiffany, Price, Hettrick, Ernaut, Garner, Freeman, Anderson, Arberry, Bonaventura, Regan, de Braga, Petrak, Smith, Collins, Wendell Williams, Neighbors, Segerblom, Porter, Bennett and Sader
CHAPTER 597
AN ACT relating to public employment; prohibiting a business or industry that is regulated by an agency, division or department of the executive branch of government from employing certain former public officers and employees for a certain period after the public officer or employee leaves his position; 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 281.236 is hereby amended to read as follows:
281.236 1. A public utility or parent organization or subsidiary of a public utility shall not employ a former member of the public service commission of Nevada for 1 year after the termination of his service on the commission.
2. A person who holds a license issued pursuant to chapter 463 or 464 of NRS or who is required to register with the Nevada gaming commission pursuant to chapter 463 of NRS shall not employ a former member of the state gaming control board or the Nevada gaming commission for 1 year after the termination of the members service on the board or commission.
3. In addition to the prohibitions set forth in subsections 1 and 2, a business or industry whose activities are governed by regulations adopted by a department, division or other agency of the executive branch of government shall not, except as otherwise provided in subsection 4, employ a former public officer or employee of the agency, except a clerical employee, for 1 year after the termination of his service or period of employment if:
(a) His principal duties included the formulation of policy contained in the regulations governing the business or industry;
(b) During the immediately preceding year he directly performed activities, or controlled or influenced an audit, decision, investigation or other action, which significantly affected the business or industry which might, but for this section, employ him; or
(c) As a result of his governmental service or employment, he possesses knowledge of the trade secrets of a direct business competitor.
4. A public officer or employee may request the commission on ethics to apply the relevant facts in his case to the provisions of subsection 3 and determine whether relief from the strict application of the provisions is proper. If the commission on ethics determines that relief from the strict application of the provisions of subsection 3 is not contrary to:
(a) The best interests of the public;
(b) The continued integrity of state government; and
(c) The code of ethical standards prescribed in NRS 281.481, it may issue an order to that effect and grant such relief.
κ1993 Statutes of Nevada, Page 2497 (CHAPTER 597, AB 90)κ
it may issue an order to that effect and grant such relief. The decision of the commission on ethics in such a case is subject to judicial review.
5. As used in this section, regulation has the meaning ascribed to it in NRS 233B.038.
Sec. 2. The provisions of subsection 3 of section 1 of this act do not apply to the service or employment of a public officer or employee who is serving or is employed by an agency, division or department of the executive branch of government on the effective date of this act, or was such an officer or employee before the effective date of this act, unless on or after that date, that person is appointed to serve, as an officer or retained as an employee of another agency, division or department of the executive branch of government for which subsequent employment is restricted pursuant to subsection 3 of section 1 of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 73Committee on Judiciary
CHAPTER 598
AN ACT relating to crimes against the person; prohibiting criminal neglect of patients in medical facilities; 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 200 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A professional caretaker who fails to provide such service, care or supervision as is reasonable and necessary to maintain the health or safety of a patient is guilty of criminal neglect of a patient if:
(a) The act or omission is aggravated, reckless or gross;
(b) The act or omission is such a departure from what would be the conduct of an ordinarily prudent, careful person under the same circumstances that it is contrary to a proper regard for danger to human life or constitutes indifference to the resulting consequences;
(c) The consequences of the negligent act or omission could have reasonably been foreseen; and
(d) The danger to human life was not the result of inattention, mistaken judgment or misadventure, but the natural probable result of an aggravated reckless or grossly negligent act or omission.
2. Unless a more severe penalty is prescribed by law for the act or omission which brings about the neglect, a person who commits criminal neglect of a patient:
(a) If the neglect results in death or substantial bodily harm, 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.
κ1993 Statutes of Nevada, Page 2498 (CHAPTER 598, AB 73)κ
than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Otherwise, is guilty of a gross misdemeanor.
3. For the purposes of this section, a patient is not neglected for the sole reason that:
(a) According to his desire, he is being furnished with treatment by spiritual means through prayer alone in accordance with the tenets and practices of a church or religious denomination. Subsection 1 does not authorize or require any medical care or treatment over the implied or express objection of such a patient.
(b) Life-sustaining treatment was withheld or withdrawn in accordance with a valid declaration by the patient or his attorney-in-fact pursuant to NRS 449.810.
4. Upon the conviction of a person for a violation of the provisions of subsection 1, the attorney general shall give notice of the conviction to the licensing boards which:
(a) Licensed the facility in which the criminal neglect occurred; and
(b) If applicable, licensed the person so convicted.
5. As used in this section:
(a) Medical facility has the meaning ascribed to it in NRS 449.0151.
(b) Patient means a person who resides or receives health care in a medical facility.
(c) Professional caretaker means a person who:
(1) Holds a license, registration or permit issued pursuant to Title 54 or chapter 449 of NRS;
(2) Is employed by, an agent of or under contract to perform services for, a medical facility; and
(3) Has responsibility to provide care to patients.
The term does not include a person who is not involved in the day-to-day operation or management of a medical facility unless that person has actual knowledge of the criminal neglect of a patient and takes no action to cure such neglect.
Sec. 2. 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 [.] who, to the extent practicable, has expertise in nursing, medicine and the administration of medical facilities.
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;
κ1993 Statutes of Nevada, Page 2499 (CHAPTER 598, AB 73)κ
(b) Shall review reports of abuse or criminal 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
(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.
________
Assembly Bill No. 27Committee on Government Affairs
CHAPTER 599
AN ACT relating to the City of Reno; authorizing an increase in the salary of a municipal judge during his term of office; requiring uniform salaries for all municipal judges; authorizing certain attorneys employed by the city attorney to engage in the private practice of law; requiring that the rules and regulations adopted by the civil service commission relating to eligibility lists for the appointment of persons to the civil service be approved by the city council; 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. Section 2.080 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1966, is hereby amended to read as follows:
Sec. 2.080 Powers of city council: Ordinances, resolutions and orders.
1. The city council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.
κ1993 Statutes of Nevada, Page 2500 (CHAPTER 599, AB 27)κ
2. When power is conferred upon the city council to do and perform anything, and the manner of exercising such power is not specifically provided for, the city council may provide by ordinance the manner and details necessary for the full exercise of such power.
3. The city council may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.
4. The city council shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter.
5. [The] Except as otherwise provided in this subsection, the city council shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he is elected or appointed. The city council may pass an ordinance increasing the salary of a municipal judge during the term for which he is elected or appointed.
Sec. 2. Section 2.100 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 160, Statutes of Nevada 1983, at page 372, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be [read to the city council by title and] referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 10 days before the adoption of the ordinance. The city council shall adopt or reject the ordinance or an amendment thereto, within 30 days after the date of publication.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the city council. Thereafter, it must be read as first [introduced,] proposed or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances must be signed by the mayor, attested by the city clerk and published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance becomes effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
κ1993 Statutes of Nevada, Page 2501 (CHAPTER 599, AB 27)κ
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 3. Section 3.060 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1395, is hereby amended to read as follows:
Sec. 3.060 City attorney: Qualifications; duties; salary.
1. The city attorney [shall] must be a duly licensed member of the State Bar of Nevada and a resident of the city for at least 6 months before his election. [He] Once elected, he shall hold office for [the] a term of 4 years and until his successor [shall be] is duly elected and qualified.
2. The city attorney [shall be] is the legal officer of the city and shall [perform] :
(a) Perform such duties as may be designated by ordinance [. He shall be] ;
(b) Be present at all meetings of the city council [and shall be] ;
(c) Be counsel for the civil service commission [. He shall devote] ;
(d) Devote his full time to the duties of the office [and shall not] ; and
(e) Not engage in the private practice of law.
3. The city attorney [shall] is entitled to receive a salary as fixed by resolution of the city council.
4. The city attorney may appoint and remove such assistants as he may require in the discharge of the duties of his office. Such assistants [shall] must not be civil service employees. The council may appropriate such [funds] an amount of money as it may deem proper to compensate any such assistants. Such assistants who are attorneys and are employed for more than 20 hours per week by the city attorney shall not engage in the private practice of law . [after July 1, 1977.]
Sec. 4. Section 4.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 208, Statutes of Nevada 1985, at page 675, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Qualifications of municipal judge; salary.
1. A municipal judge must be:
(a) An attorney licensed to practice law in the State of Nevada.
(b) A resident of the city for at least 6 months.
2. The municipal judge or judges shall not engage in the private practice of law.
3. The salary of [the] a municipal judge [or judges] must be [fixed] :
(a) Fixed by resolution of the city council.
(b) Uniform for all judges in the municipal court.
Sec. 5. Section 9.050 of the charter of the City of Reno, being chapter 553 of the Statutes of Nevada 1973, at page 885, is hereby amended to read as follows:
Sec. 9.050 Authority of commission.
[The commission shall have] Except as otherwise provided in subsection 3 of section 9.250 of this article, the commission has authority over and [be] is responsible for [all] :
κ1993 Statutes of Nevada, Page 2502 (CHAPTER 599, AB 27)κ
1. All phases of the selection, appointment and promotion of employees in the civil service [, for the] ;
2. The appeal rights of such employees in regard to dismissal, demotion, suspension and disciplinary actions [, and for the] ; and
3. The transfer of employees,
together with all responsibilities assigned to the commission by this article.
Sec. 6. Section 9.250 of the charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 888, is hereby amended to read as follows:
Sec. 9.250 Appointments.
1. [The] Except as otherwise provided in subsection 3, the commission shall provide by rule for the appointment of persons to all positions in the civil service. The commission shall provide for probationary appointments and may provide for emergency, temporary, provisional and such other types of appointments as it deems desirable to facilitate the business of the city.
2. Probationary appointments, except for those authorized by section 9.120 of this article, [shall] may be made only as the result of the examining and certification process authorized in this article.
3. The commission [at the request of the appointing authority] shall , in accordance with its rules and regulations, certify to [him] the appointing authority the names of not less than the three [eligibles standing highest on the appropriate eligible list or lists; he] most qualified persons on the eligibility list. The names of the persons must be listed in the order of their examination scores, with the name of the person with the highest score listed first. The appointing authority shall choose from among [these names. If both open and promotional lists are in existence, the promotional list shall be used first, and if it does not provide three names, the additionally needed names shall be taken from the open list.] those names in accordance with the rules and regulations adopted by the commission. Rules and regulations adopted by the commission pursuant to this subsection must be approved by the city council before they become effective.
4. The commission shall conduct examinations to provide [eligible lists at the request of the appointing authority] eligibility lists and shall provide a means of filling vacant positions pending establishment of the necessary lists.
5. To facilitate the use of broad classes and to avoid the establishment of additional highly specialized classes the commission may authorize the certification of only those [eligibles] persons on an eligibility list who possess certain skills, abilities or qualities not required in most positions in the class.
6. The commission shall by rule provide for [probationary] :
(a) Probationary periods of not over 1 year for each class [, for the] ;
(b) The right of a department head to dismiss a probationary employee without right of appeal [, for promoted employees rights] ;
κ1993 Statutes of Nevada, Page 2503 (CHAPTER 599, AB 27)κ
(c) The right of an employee who has been promoted to return to a lower class following probationary dismissal [, and for a] ; and
(d) A procedure to confirm employees in permanent status at the end of [probation,] a probationary period.
________
Assembly Bill No. 20Committee on Government Affairs
CHAPTER 600
AN ACT relating to public officers and employees; increasing the amounts paid to certain public officers and employees as allowances for transportation expenses, meals and lodging; 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 281.160 is hereby amended to read as follows:
281.160 1. Except as otherwise provided in subsection 2 or 5, or by specific statute, any district judge, state officer, state employee or member of an advisory board supported in whole or in part by any public money, whether the public money is received from the Federal Government or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside of the municipality or other area in which his principal office is located, to be paid at the rate of [$58] $64 for each 24-hour period during which he is away from the office and within the state, and [$24] $26 in addition to a reasonable room rate for each 24-hour period during which he is outside of the state.
2. Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners conforming generally to those rates.
3. Any person enumerated in subsection 1 is entitled to receive an allowance for transportation in the transaction of public business, whether within or outside of the municipality or other area in which his principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The allowance for travel by private conveyance is [24] 27 cents per mile traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is [12] 15 cents per mile traveled.
4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or outside of the municipality or other area in which his principal office is located. The allowance must be established:
(a) At rates higher than the rates established in subsection 3.
κ1993 Statutes of Nevada, Page 2504 (CHAPTER 600, AB 20)κ
(b) Except as provided in paragraph (c), at a rate of not more than 30 cents per mile traveled.
(c) When the special use vehicle is used for reasons of personal convenience, at a rate of [12] 15 cents per mile traveled.
5. The state board of examiners may establish reasonable rates for expenses outside of the United States that will allow a person to purchase the same quality of food as the domestic rate allows.
6. The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose of this section, and a state agency may, with the approval of the state board of examiners, adopt a rate of reimbursement less than the amounts specified in subsection 1 where unusual circumstances made that rate desirable.
________
Assembly Bill No. 780Committee on Judiciary
CHAPTER 601
AN ACT relating to swimming pools; defining public swimming pool for purposes of laws and regulations governing public swimming pools; providing that certain public swimming pools are deemed to be in compliance with regulations governing public swimming pools; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 444 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, as used in NRS 444.070 to 444.120, inclusive, public swimming pool means any structure containing an artificial body of water that is intended to be used collectively by persons for swimming or bathing, regardless of whether a fee is charged for its use.
2. The term does not include any such structure at:
(a) A private residence if the structure is controlled by the owner or other authorized occupant of the residence and the use of the structure is limited to members of the family of the owner or authorized occupant of the residence or invited guests of the owner or authorized occupant of the residence.
(b) A family foster home as defined in subsection 1 of NRS 424.010.
(c) A child care facility, as defined in NRS 432A.024, furnishing care to 12 children or less.
(d) Any other residence or facility as determined by the state board of health.
Sec. 2. NRS 444.070 is hereby amended to read as follows:
444.070 The health authority shall supervise the sanitation, healthfulness, cleanliness and safety of public swimming pools and bathhouses and the state board of health or local board of health may make and enforce such rules and regulations pertaining thereto as it deems necessary to carry out the provisions of NRS 444.070 to 444.120, inclusive [.]
κ1993 Statutes of Nevada, Page 2505 (CHAPTER 601, AB 780)κ
regulations pertaining thereto as it deems necessary to carry out the provisions of NRS 444.070 to 444.120, inclusive [.] , and section 1 of this act.
Sec. 3. NRS 444.090 is hereby amended to read as follows:
444.090 1. For the purposes of NRS 444.070 to 444.120, inclusive, and section 1 of this act, the health authority must be permitted to enter upon any and all parts of the premises of bathing and swimming places to examine and investigate the sanitary condition of such places and to determine whether the provisions of NRS 444.070 to 444.120, inclusive, and section 1 of this act, or the rules and regulations of the state board of health or local board of health pertaining thereto are being violated.
2. The results of an inspection must be reported to the health authority within 7 days following the inspection.
3. The health authority may publish the report of the inspection.
Sec. 4. NRS 444.110 is hereby amended to read as follows:
444.110 Any swimming pool constructed, operated or maintained contrary to the provisions of NRS 444.070 to 444.120, inclusive, and section 1 of this act, is hereby declared to be a public nuisance, dangerous to health. Such a nuisance may be abated or enjoined in an action brought by the local board of health or the health authority.
Sec. 5. NRS 444.120 is hereby amended to read as follows:
444.120 1. Any person, [firm or corporation,] whether as principal or agent, or employer or employee, who violates any of the provisions of NRS 444.070 to 444.110, inclusive, and section 1 of this act, is guilty of a misdemeanor.
2. Each day that conditions or actions in violation of NRS 444.070 to 444.110, inclusive, and section 1 of this act, continue shall be deemed a separate and distinct offense.
Sec. 6. Section 2 of Assembly Bill No. 686 of this session is hereby amended to read as follows:
Sec. 2. NRS 444.090 is hereby amended to read as follows:
444.090 1. For the purposes of NRS 444.070 to 444.120, inclusive, [and] section 1 of [this act,] Assembly Bill No. 780 of this section and section 1 of this act, the health authority must be permitted to enter upon any and all parts of the premises of bathing and swimming places to examine and investigate the sanitary condition of such places and to determine whether the provisions of NRS 444.070 to 444.120, inclusive, [and] section 1 of [this act,] Assembly Bill No. 780 of this session and section 1 of this act, or the rules and regulations of the state board of health or local board of health pertaining thereto are being violated.
2. The results of an inspection must be reported to the health authority within 7 days following the inspection.
3. The health authority may publish the report of the inspection.
Sec. 7. Notwithstanding the amendatory provisions of this act, a public swimming pool existing on the effective date of this act which, as a result of the amendatory provisions of this act becomes subject to the regulations adopted by the state board of health or by a local board of health for public swimming pools, shall be deemed to be in compliance with those regulations.
κ1993 Statutes of Nevada, Page 2506 (CHAPTER 601, AB 780)κ
adopted by the state board of health or by a local board of health for public swimming pools, shall be deemed to be in compliance with those regulations.
Sec. 8. This act becomes effective upon passage and approval.
________
Assembly Bill No. 779Committee on Taxation
CHAPTER 602
AN ACT relating to the financing of public education; authorizing the board of county commissioners of Mineral County to propose a question concerning the increase of certain taxes for the support of a new school or schools to the voters; and providing other matters properly relating thereto.
[Approved July 13, 1993]
whereas, The Board of Trustees of the Mineral County School District has been unable to find a means to replace the Schurz School for the 23 years since its condemnation and also needs to find the means to build other new school facilities and renovate existing school facilities in Mineral County; and
whereas, The Schurz School population has grown at a rate of 20 percent per year for the past 2 years; and
whereas, The Board of Trustees of the Mineral County School District considers the replacement of this school their top priority; and
whereas, The legislature finds and declares that a general law cannot be made applicable to the situation because of these unique and special conditions; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The board of county commissioners of Mineral County may, at a special election held before December 31, 1993, or at any countywide election to be held for another purpose on or before November 8, 1994, propose to the voters of Mineral County the question of whether the combination of the following taxes should be imposed and levied for the purpose of constructing and putting into operation a school to accommodate pupils on the Walker River Indian Reservation at Schurz, Nevada, and any other school facilities proposed by the board of school trustees of Mineral County for inclusion in this project:
(a) Impose a tax upon retailers at the rate of 0.50 percent of the gross receipts of the retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the county;
(b) Impose a supplemental privilege tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county; and
(c) Levy a tax upon all taxable property in the county at a rate per $100 of assessed valuation sufficient with the proceeds of the taxes imposed pursuant to subsections 1 and 2 to pay the interest and repay the principal of the bonds issued pursuant to section 2 of this act within 20 years after the date of issuance.
κ1993 Statutes of Nevada, Page 2507 (CHAPTER 602, AB 779)κ
issued pursuant to section 2 of this act within 20 years after the date of issuance.
2. If such a question is submitted pursuant to subsection 1 and is approved by a majority of the voters voting on the question, the board of county commissioners shall:
(a) Adopt an ordinance imposing a tax upon retailers at the rate of 0.50 percent of the gross receipts of the retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the county. The ordinance must contain, apart from the rate of tax, provisions substantially similar to those required by chapter 377 of NRS for the city-county relief tax, and the tax must be similarly paid and collected. Collection of the tax imposed pursuant to this paragraph must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.
(b) Adopt an ordinance imposing a supplemental privilege tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except a vehicle exempt from the motor vehicle privilege tax pursuant to chapter 371 of NRS and except a vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations. Collection of the tax imposed pursuant to this paragraph must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax. As used in this paragraph, based has the meaning ascribed to it in NRS 482.011.
(c) Levy a property tax in the amount per $100 of assessed valuation approved pursuant to subsection 1 beginning on the first July 1 following approval by the voters. The limitation imposed by NRS 354.59811 upon the allowable revenue from taxes ad valorem does not apply to the tax upon property imposed pursuant to this subsection. The tax imposed pursuant to this paragraph must not be collected after it has raised an amount sufficient to pay all principal and interest due upon the bonds.
3. The proceeds of any taxes imposed or levied pursuant to this section must be distributed to the Mineral County School District. The school district shall use the proceeds only to construct and put into operation a school to accommodate pupils on the Walker River Indian Reservation at Schurz, Nevada, and any other school facilities approved by the voters or to pay debt service on bonds issued for that purpose. The school district shall consult with the Walker River Paiute tribe in developing the design and plans for the school at Schurz.
Sec. 2. 1. To finance the construction authorized by section 1 of this act, the Mineral County School District shall issue bonds, pursuant to the Local Government Securities Law and pledge for the payment of the interest thereon and principal thereof the revenue derived from the taxes imposed pursuant to section 1 of this act. The Board of School Trustees of Mineral County shall make its best effort to ensure that the bonds for at least the school at Schurz are issued and sold within 6 months after the election at which the taxes to repay them are approved by the voters. Construction of the school at Schurz must begin as expeditiously thereafter as possible.
κ1993 Statutes of Nevada, Page 2508 (CHAPTER 602, AB 779)κ
2. No part of the proceeds of the bonds may be used for any purpose other than the construction, equipment and grounds of the school at Schurz and any other facilities approved pursuant to section 1 of this act and to defray the expense of issuing the bonds. Any proceeds remaining must be applied to repayment of the principal of the bonds issued.
Sec. 3. Upon approval by a majority of the voters voting on the question pursuant to section 1 of this act, the Executive Director of the Department of Taxation may request an allocation from the contingency fund pursuant to NRS 353.268 and 353.269 to cover any costs directly related to increases in taxes authorized by this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 723Assemblymen Anderson, Dini, Bache, Carpenter, Toomin, Spitler, Gregory, Arberry, Kenny, Neighbors, Marvel, Schneider, Tiffany, Smith, de Braga, McGaughey, Collins, Perkins, Regan, Petrak, Porter, Chowning and Giunchigliani
CHAPTER 603
AN ACT relating to public employees; requiring under certain circumstances the same rates and coverage for group insurance for participating public agencies as are established for state employees; authorizing political subdivisions of this state to enter into agreements with their employees to reduce the amount of taxable compensation due to the employees in accordance with a program established pursuant to federal law; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.043 is hereby amended to read as follows:
287.043 The committee on benefits shall:
1. Act as an advisory body on matters relating to group life, accident or health insurance, or any combination of these, a program to reduce taxable compensation or other forms of compensation other than deferred compensation, for the benefit of all state officers and employees and other persons who participate in the states program of group insurance.
2. Except as otherwise provided in this subsection, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers, employees and retired employees by participation in the states program of group insurance. The [committee shall establish separate] rates and coverage for those officers, employees and retired employees [based on actuarial reports.] must be the same as those established for state employees.
3. Give public notice in writing of proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.
κ1993 Statutes of Nevada, Page 2509 (CHAPTER 603, AB 723)κ
4. Purchase policies of life, accident or health insurance, or any combination of these, or a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this state or provide similar coverage through a plan of self-insurance for the benefit of all eligible public officers, employees and retired employees who participate in the states program.
5. Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.
6. Except as otherwise provided in this Title, develop and establish other employee benefits as necessary.
7. Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive, including the establishment of:
(a) Fees for applications for participation in the states program and for the late payment of premiums;
(b) Conditions for entry and reentry into the states program by public agencies enumerated in NRS 287.010; and
(c) The levels of participation in the states program required for employees of participating public agencies.
8. Appoint an independent certified public accountant. The accountant shall provide an annual audit of the plan and report to the committee and the legislative commission.
For the purposes of this section, employee benefits includes any form of compensation provided to a state employee pursuant to this Title except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.
Sec. 2. NRS 287.245 is hereby amended to read as follows:
287.245 1. The state may agree with any of its employees, and the board of regents of the University of Nevada may agree with any of its employees, to reduce the amount of taxable compensation due to an employee in accordance with a program established pursuant to 26 U.S.C. § 125 by the committee on benefits.
2. Political subdivisions of this state may agree with any of their employees to reduce the amount of taxable compensation due to an employee in accordance with a program established pursuant to 26 U.S.C. § 125.
3. The employer shall deduct an amount from the taxable compensation of an employee pursuant to the agreement between the employer and the employee.
[4.] 4. An employer shall not make any reduction in the taxable compensation of an employee pursuant to this section until the program established meets the requirements of 26 U.S.C. § 125 for eligibility.
[5.] 5. The committee on benefits may establish and administer a program pursuant to 26 U.S.C. § 125. The committee may:
(a) Create an appropriate fund for administration of money and other assets resulting from the money deducted under the program.
(b) Delegate to one or more state agencies or institutions of the University and Community College System of Nevada the responsibility for administering the program for their respective employees, including:
(1) Collection of money deducted;
κ1993 Statutes of Nevada, Page 2510 (CHAPTER 603, AB 723)κ
(2) Transmittal of money collected to depositories within the state designated by the committee; and
(3) Payment for eligible uses.
(c) Contract with a natural person, corporation, institution or other entity, directly or through a state agency or institution of the University and Community College System of Nevada, for services necessary to the administration of the plan, including:
(1) Consolidated billing;
(2) The keeping of records for each participating employee and the program;
(3) The control and safeguarding of assets;
(4) Programs for communication with employees; and
(5) The administration and coordination of the program.
[5.] 6. Each employee who participates in a program established by the committee pursuant to this section shall pay a proportionate share of the cost to administer the program as determined by the committee.
[6.] 7. The provisions of this section do not supersede, make inoperative or reduce the benefits provided by the public employees retirement system or by any other retirement, pension or benefit program established by law.
Sec. 3. 1. On or before September 1, 1994, the committee on benefits shall, for the fiscal year ending June 30, 1994, review the history of claims paid for officers and employees, other than retired employees, who participate in the states program of group insurance pursuant to subsection 2 of NRS 287.043.
2. Based on the review, the committee shall, on or before October 1, 1994, determine the actuarially appropriate rates to be paid for those officers and employees as a condition of their participation in the program. Upon making the determination, the committee shall compare the rates so determined with the rates established by the committee for state employees.
3. On or before October 15, 1994, the committee shall publicly announce the difference, if any, between the rates determined pursuant to subsection 2 and the rates established by the committee for state employees.
Sec. 4. 1. This section and section 3 of this act become effective on July 1, 1993.
2. Section 1 of this act becomes effective on January 1, 1995, only if the difference announced pursuant to subsection 3 of section 3 of this act is 5 percent or less.
3. Section 2 of this act becomes effective on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 2511κ
Assembly Bill No. 699Committee on Taxation
CHAPTER 604
AN ACT relating to libraries; requiring that the board of county commissioners of Nye County create certain county library districts in Nye County upon the approval of the voters at the next general election; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The legislature finds that:
(a) The residents of Nye County have established town libraries in the towns of Round Mountain, Tonopah, Beatty and Amargosa Valley.
(b) The provisions of NRS 379.023, permitting a tax levy for town libraries which were in existence on July 1, 1967, do not apply to the towns of Round Mountain and Amargosa Valley because the towns did not have a library at that time.
(c) The provisions of NRS 379.023 permitting a tax levy for town libraries which were in existence on July 1, 1967, do not apply to the towns of Tonopah and Beatty because they were not in compliance with the statutory requirements for the appointment of library boards by the county commissioners on July 1, 1967.
(d) The requirements of NRS 379.021 relating to the establishment by petition of a publicly supported county library district places an undue burden on each of these libraries which are already organized and functioning on tax revenues.
(e) Requiring by special act the creation of county library districts for the towns of Round Mountain, Tonopah, Beatty and Amargosa Valley is appropriate under the circumstances.
2. The county clerk of Nye County shall include on the ballot for the general election held on November 8, 1994, the question whether county library districts will be created for the towns of Round Mountain, Tonopah, Beatty and Amargosa Valley. The board of county commissioners of Nye County shall, upon the approval of the question by the voters of each of the towns of Round Mountain, Tonopah, Beatty and Amargosa Valley at that general election, order the creation of county library districts for those towns and set the boundaries of each district on or before January 1, 1995.
3. Upon the creation of these districts, the board of county commissioners shall appoint district library trustees, levy a tax subject to the limitations of NRS 354.59811 upon all taxable property in the districts pursuant to the budget submitted by the trustees and approved by the board of county commissioners pursuant to NRS 354.596 and 354.598, and otherwise proceed as required by law with respect to county library districts.
________
κ1993 Statutes of Nevada, Page 2512κ
Assembly Bill No. 642Assemblymen Neighbors, Hettrick, Carpenter and Garner
CHAPTER 605
AN ACT relating to unincorporated towns; revising the provisions requiring the performance of appraisals before the sale of real or personal property of any unincorporated town; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 269.125 is hereby amended to read as follows:
269.125 The town board or board of county commissioners may hold, manage, use and dispose of the real and personal property of any unincorporated town , and the board of county commissioners shall collect all dues and demands belonging to or coming to the town. [No] Except as otherwise provided in this section, a sale of [any] such property [may] must not be made until after [it] its actual market value is appraised by [three appraisers,] one or more disinterested, competent real estate appraisers who are taxpayers of the town [,] and are appointed by a district judge of the county . [, at the actual market value, nor may it] If there are no disinterested, competent real estate appraisers who are taxpayers of the town, the sale of the property may be made after its actual market value is appraised by one or more disinterested, competent real estate appraisers who are not taxpayers of the town and are appointed by the district judge of the county. The property must not be sold for less than [three-fourths] :
1. Three-fourths of the appraised value [.] , if there is only one appraisal performed; or
2. Three fourths of the lowest appraised value, if there is more than one appraisal performed.
________
κ1993 Statutes of Nevada, Page 2513κ
Assembly Bill No. 640Committee on Taxation
CHAPTER 606
AN ACT relating to property taxes; limiting the governmental entities to which the Nature Conservancy may transfer property and retain its exemption from taxation; prohibiting the cancellation of liens for deferred taxes on certain property acquired by the Nature Conservancy; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.111 is hereby amended to read as follows:
361.111 1. All real property and improvements thereon acquired by the Nature Conservancy and held for ultimate acquisition by the state or [other] a local governmental unit [is] are exempt from taxation except as otherwise provided in [subsection 2.] subsections 2 and 3.
2. [If] When the Nature Conservancy transfers [such] property it has held for purposes of conservation to any person, partnership, association, corporation or entity other than the state or [another] a local governmental unit, [the tax imposed by this chapter shall] the property must be assessed [against such property] at the rate set for first-class pasture by the Nevada tax commission for each year it was exempt pursuant to subsection 1 and [shall] the taxes must be collected as other taxes under this chapter are collected.
3. When the Nature Conservancy transfers property it has held for purposes other than conservation to any person, partnership, association, corporation or entity other than the state or a local governmental unit, the tax imposed by this chapter must be assessed against the property for each year it was exempt pursuant to subsection 1 and collected in the manner provided in this chapter.
4. The Nevada tax commission shall adopt regulations specifying the criteria for determining when property has been held by the Nature Conservancy for purposes of conservation.
Sec. 2. NRS 361A.286 is hereby amended to read as follows:
361A.286 1. The deferred tax and penalty assessed pursuant to NRS 361A.280 and 361A.283 are a perpetual lien until paid as provided in NRS 361.450. If the property continues to be used exclusively for agricultural use or approved open-space use for 7 fiscal years after the date of attachment, the lien for that earliest year [then] expires. The lien is for an undetermined amount until the property is converted and the amount is determined pursuant to NRS 361A.280. Any liens calculated and recorded before July 1, 1989, for property that had not been converted shall be deemed to have expired on that date.
2. If agricultural or open-space real property receiving agricultural or open-space use assessment is sold or transferred to an ownership making it exempt from taxation ad valorem, any such liens for deferred taxes must be canceled [.] , except for such liens on property acquired by the Nature Conservancy.
κ1993 Statutes of Nevada, Page 2514 (CHAPTER 606, AB 640)κ
3. The provisions of this section do not apply to any portion of agricultural or open-space real property if the deferred tax and any penalty have been paid pursuant to NRS 361A.265.
4. Each year, the county assessor must record a list of parcel numbers and owners names for all parcels on which a lien exists pursuant to subsection 1.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 619Committee on Government Affairs
CHAPTER 607
AN ACT relating to metropolitan police departments; providing that the statutes governing a metropolitan police department do not prohibit participating political subdivisions from establishing certain units of specialized law enforcement; specifying the jurisdiction and authority of certain such units; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 280 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The provisions of this chapter do not prohibit a participating political subdivision from establishing and administering the following units of specialized law enforcement:
(a) A unit consisting of animal control officers.
(b) A unit consisting of marshals.
(c) A unit consisting of park rangers.
(d) A unit for the investigation of arson.
(e) A unit for the enforcement of laws relating to the licensure of businesses.
(f) A unit for the enforcement of nonmoving traffic laws.
2. Except as otherwise limited in subsection 3, the jurisdiction and authority of any units of specialized law enforcement established pursuant to subsection 1 is concurrent with the authority and jurisdiction of the metropolitan police department.
3. The authority and jurisdiction of a unit consisting of marshals or park rangers is limited to:
(a) The issuance of citations in accordance with the provisions of NRS 171.17751; and
(b) The enforcement of state laws and city and county ordinances on real property owned, leased or otherwise under the control of the participating political subdivision.
The authority and jurisdiction of a unit consisting of marshals or park rangers does not include the enforcement of state laws or city and county ordinances relating to moving traffic violations outside of the boundaries of public parks and recreational facilities within the participating political subdivision.
κ1993 Statutes of Nevada, Page 2515 (CHAPTER 607, AB 619)κ
Sec. 2. NRS 280.110 is hereby amended to read as follows:
280.110 1. The board of county commissioners of any county and the governing body of any city or cities located in the county may merge their respective law enforcement agencies into one metropolitan police department. To do so, the board of county commissioners of the participating county and the governing body of each participating city must each adopt an ordinance providing for the merger. Except with respect to an ordinance providing for the reorganization of an existing department pursuant to the provisions of this chapter, any ordinance providing for a merger must be adopted and become effective on or before November 30 in the year preceding the commencement of the fiscal year in which the merger is to occur.
2. Any participating political subdivision may withdraw from the metropolitan police department by repealing the ordinance providing for the merger. The withdrawal must be effective at the beginning of a fiscal year and notice must be given to all other participating political subdivisions at least 6 months in advance of that date.
3. If the act or charter under which a participating city is organized provides for the appointment of a chief of police and his duties of law enforcement and the governing body of the city adopts an ordinance for the merger authorized by this section:
(a) The charter provision for appointment of a chief of police shall be deemed superseded as long as the ordinance providing for a merger of the police department of the participating city remains in effect.
(b) The duties of law enforcement vested in the law enforcement agencies designated in the merger, devolve upon the metropolitan police department, except the duty to construct, maintain or operate any county or city jail or detention facility.
4. Any nonparticipating city may, by adopting an ordinance providing for a merger, merge its law enforcement agency into an existing metropolitan police department with the unanimous consent of the committee and subject to such rules and regulations as the committee may adopt which are consistent with the provisions of this chapter.
Sec. 3. NRS 280.120 is hereby amended to read as follows:
280.120 Upon merger:
1. The law enforcement agencies of each participating political subdivision , which are designated in the merger, shall be deemed superseded as long as the ordinance providing for the merger remains in effect.
2. The resulting department shall operate under the provisions of this chapter.
Sec. 4. NRS 171.17751 is hereby amended to read as follows:
171.17751 1. Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers , [and] traffic engineers , and marshals and park rangers of units of specialized law enforcement established pursuant to section 1 of this act, to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.
κ1993 Statutes of Nevada, Page 2516 (CHAPTER 607, AB 619)κ
2. The state health officer and the health officer of each county, district and city may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.
3. The chief of the manufactured housing division of the department of commerce may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.
4. The state contractors board may designate certain of its employees to prepare, sign and serve written citations on persons accused of violating NRS 624.230.
5. An employee designated pursuant to this section:
(a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;
(b) May, if he is employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and
(c) Shall comply with the provisions of NRS 171.1773.
Sec. 5. Section 4 of this act becomes effective at 12:02 a.m. on October 1, 1993.
________
Assembly Bill No. 596Assemblymen Regan, Anderson, Sader, de Braga, Giunchigliani, Kenny, Bache, Haller, Chowning, Wendell Williams, Perkins, Freeman, Bonaventura, Price, Myrna Williams, Smith, Evans, Toomin, Petrak, Garner, Collins, Bennett, Schneider, Dini, Porter, Segerblom, Neighbors, Arberry, Spitler, Hettrick, Carpenter, Marvel, Scherer, Gregory, Tiffany, Augustine, Heller, Ernaut, Gibbons, Humke, Lambert and McGaughey
CHAPTER 608
AN ACT relating to prisoners; requiring the board of state prison commissioners to adopt regulations relating to the literacy of offenders in the custody of the department of prisons; making various changes to encourage the education of illiterate offenders; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. The legislature finds and declares that the program for general education of offenders and the program of education of offenders in English as a second language are acts of grace of the state. No offender has a right to participate in such a program, and it is not intended that the establishment of such programs create any such right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
κ1993 Statutes of Nevada, Page 2517 (CHAPTER 608, AB 596)κ
establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 3. The board may adopt regulations which:
1. Designate a level of literacy in reading and writing which is consistent with that required by the state board of education for its pupils in the eighth grade.
2. Provide for the testing of each offender when he first becomes incarcerated, and as often as needed thereafter, to determine his ability to read and write.
3. Establish guidelines for evaluating the progress of an illiterate offender in an educational program.
4. Establish a course to teach English as a second language, if necessary.
5. Are necessary to carry out the provisions of this section and section 4 of this act.
Sec. 4. 1. Except as otherwise provided in this section, an offender who is illiterate may not be assigned to an industrial or a vocational program unless:
(a) He is regularly attending and making satisfactory progress in a program for general education; or
(b) The director for good cause determines that the limitation on assignment should be waived under the circumstances with respect to a particular offender.
2. An offender whose:
(a) Native language is not English;
(b) Ability to read and write in his native language is at or above the level of literacy designated by the board in its regulations; and
(c) Ability to read and write the English language is below the level of literacy designated by the board in its regulations,
may not be assigned to an industrial or a vocational program unless he is regularly attending and making satisfactory progress in a course which teaches English as a second language or the director for good cause determines that the limitation on assignment should be waived under the circumstances with respect to a particular offender.
3. Upon written documentation that an illiterate offender has a developmental, learning or other similar disability which affects his ability to learn, the director may:
(a) Adapt or create an educational program or guidelines for evaluating the educational progress of the offender to meet his particular needs; or
(b) Exempt the offender from the required participation in an educational program prescribed by this section.
4. The provisions of this section do not apply to an offender who presents satisfactory evidence that he has a high school or general equivalency diploma.
5. As used in this section, illiterate means having an ability to read and write that is below the level of literacy designated by the board in its regulations.
Sec. 5. NRS 209.461 is hereby amended to read as follows:
209.461 1. The director shall:
κ1993 Statutes of Nevada, Page 2518 (CHAPTER 608, AB 596)κ
(a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.
(b) To the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason [.] or to attend educational classes in accordance with section 4 of this act.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed. If restitution to a specific person is not being paid, the director shall deduct an amount he deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(d) Provide equipment, space and management for services and manufacturing by offenders.
(e) Employ craftsmen and other personnel to supervise and instruct offenders.
(f) Except as otherwise provided in NRS 209.383, contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.
(g) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
2. Every program for the employment of offenders established by the director must:
(a) Employ the maximum number of offenders possible;
(b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;
(c) Have an insignificant effect on the number of jobs available to the residents of this state; and
(d) Provide occupational training for offenders.
3. Each fiscal year, the cumulative profits and losses, if any, of the programs for the employment of offenders established by the director must result in a profit for the department. The following must not be included in determining whether there is a profit for the department:
(a) Fees credited to the fund for prison industries pursuant to NRS 482.268, any revenue collected by the department for the leasing of space, facilities or equipment within the institutions or facilities of the department and any interest or income earned on the money in the fund for prison industries.
(b) The selling expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, selling expenses means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.
(c) The general and administrative expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, general and administrative expenses means the salary of the assistant director of industrial programs and the salaries of any other personnel of the central administrative office and related payroll taxes and costs, the costs of telephone usage and the costs of office supplies used and postage used.
κ1993 Statutes of Nevada, Page 2519 (CHAPTER 608, AB 596)κ
paragraph, general and administrative expenses means the salary of the assistant director of industrial programs and the salaries of any other personnel of the central administrative office and related payroll taxes and costs, the costs of telephone usage and the costs of office supplies used and postage used.
4. The director may, with the approval of the board:
(a) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.
(b) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.
Sec. 6. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, an offender who is illiterate is not eligible to participate in a program of work release unless:
(a) He is regularly attending and making satisfactory progress in a program for general education; or
(b) The director for good cause determines that the limitation on eligibility should be waived under the circumstances with respect to a particular offender.
(c) An offender whose:
2. Native language is not English;
(a) Ability to read and write in his native language is at or above the level of literacy designated by the board of state prison commissioners in its regulations; and
(b) Ability to read and write the English language is below the level of literacy designated by the board of state prison commissioners in its regulations,
may not be assigned to an industrial or a vocational program unless he is regularly attending and making satisfactory progress in a course which teaches English as a second language or the director for good cause determines that the limitation on eligibility should be waived under the circumstances with respect to a particular offender.
3. Upon written documentation that an illiterate offender has a developmental, learning or other similar disability which affects his ability to learn, the director of the department of prisons may:
(a) Adapt or create an educational program or guidelines for evaluating the educational progress of the offender to meet his particular needs; or
(b) Exempt the offender from the required participation in an educational program prescribed by this section.
4. The provisions of this section do not apply to an offender who:
(a) Presents satisfactory evidence that he has a high school or general equivalency diploma; or
(b) Is admitted into a program of work release for the purpose of obtaining additional education in this state.
5. As used in this section, illiterate means having an ability to read and write that is below the level of literacy designated by the board of state prison commissioners in its regulations.
κ1993 Statutes of Nevada, Page 2520 (CHAPTER 608, AB 596)κ
Sec. 7. 1. This section and sections 1, 2 and 3 of this act becomes effective upon passage and approval.
2. Sections 4, 5 and 6 of this act become effective on January 1, 1994.
________
Assembly Bill No. 575Committee on Judiciary
CHAPTER 609
AN ACT relating to peace officers; consolidating the statutory provisions that confer the powers of a peace officer; removing certain obsolete provisions concerning the qualification of a person for early retirement as a peace officer or fireman; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.
Sec. 2. The following persons have the powers of a peace officer:
1. Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers.
2. Marshals, policemen and correctional officers of cities and towns.
3. The bailiff of the supreme court.
4. The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests.
5. Constables and their deputies whose official duties require them to carry weapons and make arrests.
Sec. 3. 1. A security officer employed:
(a) Pursuant to NRS 244.167 by a board of county commissioners; or
(b) Pursuant to NRS 266.323 by the governing body of a city,
has the powers of a peace officer when he is carrying out duties prescribed by ordinance.
2. A person appointed pursuant to subsection 1 of NRS 269.235 by a town board or board of county commissioners has the powers of a peace officer.
3. Policemen and special policemen appointed pursuant to subsection 5 of NRS 269.240 have, within the limits of the unincorporated town, the powers of making arrests which are exercised by a peace officer according to the laws of this state.
Sec. 4. Special investigators employed by the attorney general and investigators employed by a district attorney have the powers of a peace officer.
Sec. 5. 1. The following persons have the powers of a peace officer:
(a) The chief parole and probation officer appointed pursuant to NRS 213.1092.
(b) Assistant parole and probation officers appointed pursuant to NRS 213.1095.
2. A probation officer or assistant probation officer who is required to be certified by NRS 481.054 has the same powers as a peace officer when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
κ1993 Statutes of Nevada, Page 2521 (CHAPTER 609, AB 575)κ
performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
3. A director of juvenile services has the powers of a peace officer in his judicial district when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
4. The chief of the youth parole bureau of the division of child and family services in the department of human resources and the parole officers of the bureau have the powers of a peace officer in carrying out the functions of the bureau.
Sec. 6. 1. A person employed or appointed to serve as a school police officer pursuant to subsection 4 of NRS 391.100 has the powers of a peace officer.
2. A person appointed pursuant to NRS 393.0718 by the board of trustees of any school district has the powers of a peace officer to carry out the intents and purposes of NRS 393.071 to 393.0719, inclusive.
3. Members of every board of trustees of a school district, superintendents of schools, principals and teachers have concurrent power with peace officers for the protection of children in school and on the way to and from school, and for the enforcement of order and discipline among such children, including children who attend school within one school district but reside in an adjoining school district or adjoining state, pursuant to the provisions of chapter 392 of NRS. This subsection must not be construed so as to make it the duty of superintendents of schools, principals and teachers to supervise the conduct of children while not on the school property.
Sec. 7. Officers and employees of the:
1. Nevada youth training center have the powers of a peace officer so far as necessary to arrest inmates who have escaped from that center.
2. Caliente youth center have the powers of a peace officer so far as necessary to arrest inmates who have escaped from that center.
Sec. 8. 1. A legislative police officer of the State of Nevada has the powers of a peace officer when carrying out duties prescribed by the legislative commission.
2. A police officer employed pursuant to subsection 1 of NRS 331.060 by the chief of the buildings and grounds division of the department of general services has the powers of a peace officer.
Sec. 9. 1. The director of the department of prisons, and any officer or employee of the department so designated by the director, have the powers of a peace officer when performing duties prescribed by the director. For the purposes of this subsection, the duties which may be prescribed by the director include, but are not limited to, pursuit and return of escaped offenders, transportation and escort of offenders and the general exercise of control over offenders within or outside the confines of the institutions and facilities of the department.
2. A person appointed pursuant to NRS 211.115 to administer detention facilities or a jail, and his subordinate jailers, corrections officers and other employees whose duties involve law enforcement have the powers of a peace officer.
κ1993 Statutes of Nevada, Page 2522 (CHAPTER 609, AB 575)κ
Sec. 10. When, pursuant to California law, a California correctional officer has in his custody in Nevada a prisoner of the State of California, the correctional officer may maintain custody of the prisoner in Nevada and retake the prisoner if he should escape in Nevada, to the same extent as if the correctional officer were a peace officer appointed under Nevada law and the prisoner had been committed to his custody in proceedings under Nevada law.
Sec. 11. 1. The state fire marshal, his assistant and his deputies have the powers of a peace officer.
2. The following persons have only those powers of a peace officer necessary to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire:
(a) Paid foresters and firewardens appointed pursuant to paragraph (a) of subsection 2 of NRS 472.040.
(b) Citizen-wardens appointed pursuant to paragraph (b) of subsection 2 of NRS 472.040.
(c) Voluntary firewardens appointed pursuant to paragraph (c) of subsection 2 of NRS 472.040.
3. A paid forester or firewarden appointed as an arson investigator pursuant to paragraph (d) of subsection 2 of NRS 472.040 has the powers of a peace officer.
4. An arson investigator designated as a peace officer pursuant to:
(a) Paragraph (c) of subsection 1 of NRS 244.2961; or
(b) Subsection 3 of NRS 266.310,
has the powers of a peace officer.
Sec. 12. 1. Rangers and employees of the division of state parks of the state department of conservation and natural resources have, at the discretion of the administrator of the division, the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the division.
2. An employee of the division of state parks of the state department of conservation and natural resources appointed or designated pursuant to subsection 2 of NRS 407.065 has the powers of a peace officer.
Sec. 13. 1. The following persons have the powers of a peace officer:
(a) The director of the department of motor vehicles and public safety.
(b) The chiefs of the divisions of the department of motor vehicles and public safety.
(c) The deputy directors of the department of motor vehicles and public safety employed pursuant to subsection 2 of NRS 481.035.
(d) The investigators and agents of the investigation division of the department of motor vehicles and public safety and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.
2. The personnel of the Nevada highway patrol appointed pursuant to subsection 2 of NRS 481.150 have the powers of a peace officer specified in NRS 481.150 and 481.180.
3. Administrators and investigators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties under NRS 481.048.
κ1993 Statutes of Nevada, Page 2523 (CHAPTER 609, AB 575)κ
have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties under NRS 481.048.
4. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.
Sec. 14. A person designated as a game warden pursuant to NRS 501.349 is a peace officer for the purposes of:
1. The service of such legal process, including warrants and subpenas, as may be required in the enforcement of Title 45 of NRS and chapter 488 of NRS.
2. The enforcement of all laws of the State of Nevada while they are performing their duties pursuant to Title 45 of NRS and chapter 488 of NRS.
Sec. 15. 1. A person designated by the executive director of the state department of agriculture as a field agent or an inspector pursuant to subsection 2 of NRS 561.225 has the powers of peace officers to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop the movement of livestock and carcasses for purposes of inspection.
2. An inspector of the state board of sheep commissioners and his deputies have the powers of a peace officer.
3. An officer appointed by the Nevada junior livestock show board pursuant to NRS 563.120 has the powers of a peace officer for the preservation of order and peace on the grounds and in the buildings and the approaches thereto of the livestock shows and exhibitions that the board conducts.
4. In carrying out the provisions of chapter 565 of NRS, an inspector of the department of agriculture has the powers of a peace officer to make investigations and arrests and to execute warrants of search and seizure. This subsection does not authorize any inspector to retire under the public employees retirement system before having attained the minimum service age of 60 years.
Sec. 16. (Deleted by amendment.)
Sec. 17. A person employed by the private investigators licensing board pursuant to NRS 648.050 has the powers of a peace officer.
Sec. 18. The commissioner of insurance and his chief deputy are peace officers for the limited purposes of obtaining and exchanging information on applicants and licensees under Title 57 of NRS.
Sec. 19. An employee of the public service commission of Nevada whom it designates as an inspector or as manager of transportation is a peace officer and has police power for the enforcement of the provisions of:
1. Chapters 704, 705 and 706 of NRS and all regulations of the commission or the department of motor vehicles and public safety pertaining thereto; and
2. Chapter 482 of NRS and NRS 483.230, 483.350 and 483.530 to 483.620, inclusive, for the purposes of carrying out the provisions of chapter 706 of NRS.
Sec. 20. A person commissioned and appointed to serve as a railroad policeman pursuant to subsection 1 of NRS 705.220 has the powers of a peace officer upon the premises or property owned or operated by the railroad company which employs him.
κ1993 Statutes of Nevada, Page 2524 (CHAPTER 609, AB 575)κ
Sec. 21. An employee designated by the taxicab administrator as:
1. A taxicab field investigator is a peace officer.
2. An airport control officer is a peace officer only when on duty at the airport.
Sec. 22. 1. A person employed and compensated as a member of the police department of the University and Community College System of Nevada, when appointed pursuant to subsection 1 of NRS 396.325 and duly sworn, is a peace officer, but may exercise his power or authority only:
(a) Upon the campuses of the University and Community College System of Nevada, including that area to the center line of public streets adjacent to a campus;
(b) When in hot pursuit of a violator leaving such a campus or area;
(c) In or about other grounds or properties of the University and Community College System of Nevada; or
(d) Except as limited by subsection 2, in accordance with interlocal agreements entered into with other law enforcement agencies.
2. An interlocal agreement between the police department for the University and Community College System of Nevada and other law enforcement agencies may allow a peace officer of the police department of the University and Community College System of Nevada to exercise his power or authority:
(a) On any public street that is adjacent to property owned by the University and Community College System of Nevada.
(b) On any property that is consistently used by an organization whose recognition by the University and Community College System of Nevada is a necessary condition for its continued operation.
(c) On any property that is rented or leased by the University and Community College System of Nevada for an event that is approved by the University and Community College System of Nevada.
(d) For mutual assistance specifically agreed upon with the other law enforcement agencies that are parties to the interlocal agreement.
Sec. 23. 1. For the purpose of the administration and enforcement of the provisions of chapter 205 of NRS involving a crime against the property of a gaming licensee, or chapter 462, 463, 463B, 464 or 465 of NRS, the members of the state gaming control board and the Nevada gaming 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.
2. An agent of the state gaming control 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 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.
3. For the purpose of protecting members of the state gaming control board and of the Nevada gaming commission and their families and property, and providing security at meetings of the board and of the commission, an agent of the board whose duties include the enforcement of statutes or regulations has the powers of a peace officer.
κ1993 Statutes of Nevada, Page 2525 (CHAPTER 609, AB 575)κ
agent of the board whose duties include the enforcement of statutes or regulations has the powers of a peace officer.
Sec. 24. NRS 281.275 is hereby amended to read as follows:
281.275 1. A peace officer shall not use a choke hold on any other person unless:
(a) An agency employing the peace officer authorizes the use of the choke hold by its peace officers in the course of their duties; and
(b) The peace officer has successfully completed training in the proper use of the choke hold and holds current certification for its use by the agency which employs him.
2. If a law enforcement agency finds that a peace officer has violated the provisions of subsection 1, the peace officer is subject to such disciplinary action as is provided for such an offense by the agency.
3. Each agency in this state which employs a peace officer shall adopt regulations which govern whether the use of a choke hold by its officers during the course of their duties is authorized. If an agency authorizes such a use of a choke hold, the agency shall also adopt regulations which specifically address:
(a) The manner in which a peace officer, certified for use of a choke hold, is authorized to use the hold in the course of his duties;
(b) The manner in which records of training, certification and recertification will be maintained to ensure compliance with any applicable statutory or other related requirements; and
(c) The consequences of unauthorized or uncertified use of a choke hold.
4. As used in this section:
(a) Choke hold means the holding of a persons neck in a manner specifically intended to restrict the flow of oxygen or blood to the persons lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.
(b) Peace officer means [:
(1) Sheriffs of counties and of metropolitan police departments and their deputies;
(2) Personnel of the Nevada highway patrol;
(3) Marshals and policemen of cities and towns;
(4) The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
(5) Constables and their deputies; and
(6) Any other officer or employee of state or local government upon whom some or all of the powers of a peace officer are conferred by specific statute.] any person upon whom some or all of the powers of a peace officer are conferred pursuant to sections 2 to 23, inclusive, of this act.
Sec. 25. NRS 289.010 is hereby amended to read as follows:
289.010 As used in this chapter, unless the context otherwise requires:
1. Peace officer means [:
(a) Sheriffs of counties and of metropolitan police departments and their deputies;
(b) Personnel of the Nevada highway patrol;
(c) Marshals and policemen of cities and towns;
κ1993 Statutes of Nevada, Page 2526 (CHAPTER 609, AB 575)κ
(d) The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
(e) Constables and their deputies; and
(f) Any other officer or employee of state or local government upon whom some or all of the powers of a peace officer are conferred by specific statute.] any person upon whom some or all of the powers of a peace officer are conferred pursuant to sections 2 to 23, inclusive of this act.
2. Punitive action means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.
Sec. 26. NRS 3.310 is hereby amended to read as follows:
3.310 1. The judge of each district court may appoint a bailiff for the court in counties polling 4,500 or more votes. In counties polling less than 4,500 votes, the judge may appoint a bailiff with the concurrences of the sheriff. In either case, the bailiff serves at the pleasure of the judge he serves.
2. In all judicial districts where there is more than one judge, there may be a number of bailiffs at least equal to the number of judges, and in any judicial district where a circuit judge has presided for more than 50 percent of the regular judicial days of the prior calendar year, there may be one additional bailiff, each bailiff to be appointed by the joint action of the judges. If the judges cannot agree upon the appointment of any bailiff within 30 days after a vacancy occurs in the office of bailiff, then the appointment [shall] must be made by a majority of the board of county commissioners.
3. Each bailiff shall:
(a) Preserve order in the court.
(b) Attend upon the jury.
(c) Open and close court.
(d) Perform such other duties as may be required of him by the judge of the court.
4. The bailiff must be a qualified elector of the county and shall give a bond, to be approved by the district judge, in the sum of $2,000, conditioned for the faithful performance of his duty. [The bailiff has all the powers of a peace officer.]
5. The compensation of each bailiff for his services must be fixed by the board of county commissioners of the county and his salary paid by the county wherein he is appointed, the same as the salaries of other county officers are paid.
6. The board of county commissioners of the respective counties shall allow the salary stated in subsection 5 as other salaries are allowed to county officers, and the county auditor shall draw his warrant for it, and the county treasurer shall pay it.
7. The provisions of this section do not:
(a) Authorize the bailiff to serve any civil or criminal process, except such orders of the court which are specifically directed by the court or the presiding judge thereof to him for service.
(b) Relieve the sheriff of any duty required of him by law to maintain order in the courtroom.
κ1993 Statutes of Nevada, Page 2527 (CHAPTER 609, AB 575)κ
Sec. 27. NRS 62.120 is hereby amended to read as follows:
62.120 1. In counties whose population is less than 100,000, the probation officer under the general supervision of the judge or judges and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and detention home, including the social, financial and clerical work, and he shall perform such other duties as the judge directs. All information obtained in discharge of official duty by an officer or other employee of the court is privileged and must not be disclosed to anyone other than the judge and others entitled under this chapter to receive that information, unless otherwise ordered by the judge.
2. [Probation officers and assistant probation officers who are required to be certified by NRS 481.054 have the same powers as peace officers when performing duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
3.] Every effort must be made by a county to provide sufficient personnel for the probation department to uphold the concept of separation of powers in the court process.
Sec. 28. NRS 62.122 is hereby amended to read as follows:
62.122 [1.] In each judicial district which includes a county whose population is 400,000 or more, the probation officer under the general supervision of the director of juvenile services and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and the detention home, including the social, financial and clerical work, and he shall perform such other duties as the director of juvenile services directs. All information obtained in discharge of official duty by an officer or other employee of the court is privileged and must not be disclosed to anyone other than the director of juvenile services and others entitled under this chapter to receive such information, unless otherwise permitted by the director of juvenile services.
[2. Probation officers and assistant probation officers who are required to be certified by NRS 481.054 have the same powers as peace officers when performing duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.]
Sec. 29. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes [:
1. The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables and their deputies when carrying out their official duties;
4. Investigators of arson for fire departments who are full-time, paid employees of the fire departments when carrying out their official duties;
5. Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;
6. Marshals and policemen of cities and towns; and
7. Any other officer or employee of state or local government upon whom some or all of the powers of a peace officer are conferred by specific statute.]
κ1993 Statutes of Nevada, Page 2528 (CHAPTER 609, AB 575)κ
any person upon whom some or all of the powers of a peace officer are conferred pursuant to sections 2 to 23, inclusive, of this act.
Sec. 30. NRS 179.530 is hereby amended to read as follows:
179.530 1. District courts of this state may issue orders authorizing the use of a pen register or trap and trace device upon the application of a district attorney, the attorney general or their deputies, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121-3127 as those provisions exist on July 1, 1989.
2. As used in this section, peace officer means:
(a) Sheriffs of counties and metropolitan police departments and their deputies;
(b) Investigators, agents, officers and employees of the division of investigation of the department of motor vehicles and public safety who have the powers of peace officers pursuant to [NRS 481.230;] paragraph (d) of subsection 1 of section 13 of this act;
(c) Policemen of cities and towns;
(d) Agents of the state gaming control board who are investigating any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
(e) Special investigators employed by the attorney general who have the powers of peace officers pursuant to [NRS 228.080;] section 4 of this act; and
(f) Investigators employed by a district attorney who have the powers of peace officers pursuant to [NRS 252.070.] section 4 of this act.
3. A public utility that relies, in good faith, upon an order of a district court authorizing the use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the use of the pen register or trap and trace device in accordance with the order of the court.
Sec. 31. NRS 211.115 is hereby amended to read as follows:
211.115 In a county in which a metropolitan police department is established, the governing body of any participating city may:
1. Establish a department of detention and may appoint a person to administer the detention facilities; or
2. Appoint a person to administer its jail.
[The person appointed to administer detention facilities or a jail and his subordinate jailers, corrections officers and other employees whose duties involve law enforcement have the powers of peace officers.]
Sec. 32. NRS 228.080 is hereby amended to read as follows:
228.080 1. The attorney general may appoint as many deputies as he may deem necessary to perform fully the duties of his office. All deputies so appointed may perform all duties now required of the attorney general.
2. Before entering upon the discharge of his duties, each deputy so appointed shall take and subscribe to the constitutional oath of office, which must be filed in the office of the secretary of state.
3. Except as otherwise provided in NRS 7.065, deputy attorneys general shall not engage in the private practice of law.
[4. Special investigators employed by the attorney general have the powers of peace officers.]
κ1993 Statutes of Nevada, Page 2529 (CHAPTER 609, AB 575)κ
Sec. 33. NRS 244.167 is hereby amended to read as follows:
244.167 A board of county commissioners may employ security officers . [who have the powers of peace officers when they are carrying out duties prescribed by ordinance.]
Sec. 34. 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. [Investigators employed by a district attorney have the powers of peace officers.]
Sec. 35. NRS 266.323 is hereby amended to read as follows:
266.323 The governing body of a city may employ security officers . [who have the powers of peace officers when they are carrying out duties prescribed by ordinance.]
Sec. 36. NRS 269.240 is hereby amended to read as follows:
269.240 1. The boards of county commissioners of the various counties of this state may levy and collect a tax of not exceeding one-half of 1 percent upon the assessed value of property within any unincorporated town for the benefit of the police department of the town.
2. The board of county commissioners shall prescribe the boundaries within which the tax is to be collected, but the boundaries must not extend beyond the limits of the town.
3. The tax must be assessed and collected at the same time and by the same officers who assess and collect state and county taxes, and under the same provisions of law, and must be paid over to the county treasurer.
4. The county treasurer shall keep the money in a separate fund to be denominated the police department fund. No money may be paid out of the police department fund, except by order of the town board or board of county commissioners. The town board or board of county commissioners may use the police department fund in paying the expenses of the police department within the boundaries of the town, as prescribed by the county commissioners.
κ1993 Statutes of Nevada, Page 2530 (CHAPTER 609, AB 575)κ
within the boundaries of the town, as prescribed by the county commissioners. Any warrant drawn on the police department fund, when there is not sufficient money in the treasury to pay the whole amount of the warrant, is void.
5. The town board or board of county commissioners of any county shall appoint policemen, not exceeding two in number, in any unincorporated town and fix their compensation. The town board or board of county commissioners may, at any time, remove [such] the policemen and appoint others in their place, whenever the board deems it necessary for the public good. [Such] The policemen shall serve within the limits of the unincorporated town. The board of county commissioners may appoint such other special policemen as, in its judgment, the public safety may require, whose compensation must be fixed by [such] the board, and who shall continue to serve only during the pleasure of such board. [Such policemen and special policemen have, within the limits of the unincorporated town all the powers of making arrests which are exercised by peace officers according to the laws of this state.]
6. The provisions of this section have no effect in any town unless a majority of the property holders of the town petitions the board of county commissioners of the county wherein the town is situated, setting forth the following facts:
(a) That the petition contains the names of the majority of the property holders of the town.
(b) That they request the appointment of such policemen and the levying of a tax of one-half of 1 percent as a compensation therefor, as provided in this section.
7. Upon the presentation of a petition, in compliance with the provisions of subsection 6, the board of county commissioners in which county the town is situated shall levy the tax and the town board or board of county commissioners shall make the appointment of one or more policemen, in accordance with the request of the petition.
Sec. 37. NRS 331.060 is hereby amended to read as follows:
331.060 1. The superintendent shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners, police officers and other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.150, inclusive. [Police officers employed by the superintendent have the powers of peace officers.]
2. The employees shall perform duties as assigned by the superintendent.
3. The superintendent is responsible for the fitness and good conduct of all employees.
Sec. 38. NRS 331.140 is hereby amended to read as follows:
331.140 [1.] The superintendent shall take proper care to prevent any theft, trespass on, or injury to the Capitol Building or its appurtenances, or any other building or part thereof under his supervision and control, and if any such theft, trespass or injury is committed, he shall cause the offender to be prosecuted therefor.
[2. For any criminal offense committed in any part of the Capitol Building or the grounds appurtenant thereto, or in any other building or part thereof under the supervision and control of the superintendent, the superintendent and his watchmen shall have the same power to make arrests as the police officers of Carson City.
κ1993 Statutes of Nevada, Page 2531 (CHAPTER 609, AB 575)κ
and his watchmen shall have the same power to make arrests as the police officers of Carson City.
3. The superintendent may arm his watchmen and, in case of emergency, may arm and detail as watchmen for extra duty such employees in his department as, in his judgment, the emergency requires for the proper protection of the state property under his supervision and control.]
Sec. 39. NRS 391.100 is hereby amended to read as follows:
391.100 1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.
2. The board of trustees of a school district:
(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof; and
(b) Shall establish policies governing the duties and performance of teacher aides.
3. Each applicant for employment pursuant to this section, except a teacher or other person licensed by the superintendent of public instruction, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Federal Bureau of Investigation for its report.
4. The board of trustees of a school district may employ or appoint persons to serve as school police officers . [who have the powers of peace officers.]
Sec. 40. NRS 393.0718 is hereby amended to read as follows:
393.0718 The board of trustees of any school district may appoint a person who [shall] must have charge of the grounds, preserve order, protect the school property, plan, promote and supervise recreational activities, and do all things necessary in the capacity of a representative of the board of trustees. [He shall have the power of a peace officer to carry out the intents and purposes of NRS 393.071 to 393.0719, inclusive.]
Sec. 41. NRS 396.325 is hereby amended to read as follows:
396.325 [1.] The board of regents may:
[(a)] 1. Create a police department for the system and appoint one or more persons to be members of the department; and
[(b)] 2. In a county whose population is less than 400,000, authorize the department to enter into interlocal agreements pursuant to chapter 277 of NRS with other law enforcement agencies to provide for the rendering of mutual aid.
[2. Persons employed and compensated as members of the department, when so appointed and duly sworn, are peace officers, but may exercise their powers or authority only:
(a) Upon the campuses of the system, including that area to the center line of public streets adjacent to a campus;
(b) When in hot pursuit of a violator leaving such a campus or area;
(c) In or about other grounds or properties of the system; or
(d) In accordance with interlocal agreements entered into with other law enforcement agencies pursuant to subsection 3.
κ1993 Statutes of Nevada, Page 2532 (CHAPTER 609, AB 575)κ
3. An interlocal agreement between the police department for the system and other law enforcement agencies may allow peace officers of the department to exercise their powers or authority.
(a) On any public street that is adjacent to property owned by the system.
(b) On any property that is consistently used by an organization whose recognition by the system is a necessary condition for its continued operation.
(c) On any property that is rented or leased by the system for an event that is approved by the system.
(d) For mutual assistance specifically agreed upon with the other law enforcement agencies that are parties to the interlocal agreement.]
Sec. 42. NRS 407.0475 is hereby amended to read as follows:
407.0475 1. The administrator shall adopt such regulations as he finds necessary for carrying out the provisions of this chapter and other provisions of law governing the operation of the division. The regulations may include prohibitions and restrictions relating to activities within any of the park or recreational facilities within the jurisdiction of the division.
2. Any regulations relating to the conduct of persons within the park or recreational facilities must:
(a) Be directed toward one or both of the following:
(1) Prevention of damage to or misuse of the facility.
(2) Promotion of the inspiration, use and enjoyment of the people of this state through the preservation and use of the facility.
(b) Apply separately to each park, monument or recreational area and be designed to fit the conditions existing at that park, monument or recreational area.
3. Any person whose conduct violates any regulation adopted pursuant to subsection 1, and who refuses to comply with the regulation upon request by any ranger or employee of the division who has [been designated] the powers of a peace officer pursuant to [NRS 407.065,] section 13 of this act, is guilty of a misdemeanor.
Sec. 43. NRS 407.065 is hereby amended to read as follows:
407.065 The administrator, subject to the approval of the director, may:
1. Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public.
2. Protect state parks and property controlled or administered by the division from misuse or damage and preserve the peace within those areas. [At the discretion of the administrator, rangers and employees of the division have the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the division.] The administrator may appoint or designate certain employees of the division to have the general authority of peace officers.
3. Allow multiple use of state parks and real property controlled or administered by the division for any lawful purpose, including but not limited to, grazing, mining, development of natural resources, hunting and fishing, and subject to such regulations as may be adopted in furtherance of the purposes of the division.
κ1993 Statutes of Nevada, Page 2533 (CHAPTER 609, AB 575)κ
4. Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees for them. Except as otherwise provided in subsection 1 of section 1 of Senate Bill No. 319 of this session and subsection 1 of section 1 of [this act,] Senate Bill No. 280 of this session, the fees collected pursuant to this subsection must be deposited in the state general fund. No fees for special services may be collected from bona fide residents of this state who are more than 60 years old. Reasonable proof of age and residence may be required for free use of special services.
5. Rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the division deems fit and proper, but no concessionaire may dominate any state park operation. Rental and lease payments must be deposited in the state general fund.
6. Establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the administrator.
Sec. 44. 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 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.
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.
κ1993 Statutes of Nevada, Page 2534 (CHAPTER 609, AB 575)κ
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 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.] 5. 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. 45. NRS 472.040 is hereby amended to read as follows:
472.040 1. The state forester firewarden shall:
(a) Supervise or coordinate all forestry and watershed work on state- and privately-owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.
(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the director of the state department of conservation and natural resources or by state law.
(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
κ1993 Statutes of Nevada, Page 2535 (CHAPTER 609, AB 575)κ
(d) Designate the boundaries of each area of the state where the construction of buildings on forested lands creates such a fire hazard as to require the regulation of roofing materials.
(e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.
(f) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.
(g) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firemen and award grants of money for those purposes to fire departments and educational institutions in this state.
2. The state forester firewarden in carrying out the provisions of this chapter may:
(a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board of county commissioners of each county concerned . [, and when so appointed the foresters and firewardens have only those powers of peace officers necessary to enforce the provisions of those laws.]
(b) Appoint suitable citizen-wardens . [who may exercise the same powers of peace officers as paid firewardens.] Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the state forester firewarden.
(c) Appoint, upon the recommendation of the appropriate federal officers, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens [have the same powers of peace officers as paid firewardens, but they] are not entitled to compensation for their services.
(d) Appoint certain paid foresters or firewardens to be arson investigators . [, who have the powers of peace officers, but are not police officers or firemen for the purposes of NRS 286.510.]
(e) Employ, with the consent of the director of the state department of conservation and natural resources, clerical assistance, county and district coordinators, patrolmen, fire fighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.
(f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.
(g) With the approval of the director of the state department of conservation and natural resources and the state board of examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor. The title to the real property must be examined and approved by the attorney general.
(h) Expend any money appropriated by the state to the division of forestry of the state department of conservation and natural resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.
κ1993 Statutes of Nevada, Page 2536 (CHAPTER 609, AB 575)κ
expenses incurred in fighting fires or in emergencies which threaten human life.
3. The state forester firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the director of the state department of conservation and natural resources.
Sec. 46. NRS 481.035 is hereby amended to read as follows:
481.035 1. The director:
(a) Is appointed by the governor. He must be selected with special reference to his training, experience, capacity and interest in the field of administering laws relating to motor vehicles and public safety.
(b) Is entitled to hold office for a term of 4 years from and after his appointment or until his successor is appointed.
(c) Is in the unclassified service of the state.
(d) Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
2. The director may employ two deputy directors, one responsible for the administration of the laws relating to motor vehicles and one responsible for the administration of the laws relating to public safety. Each deputy:
(a) Must be selected with special reference to his training, experience, capacity and interest in the field of his responsibility.
(b) Is in the unclassified service of the state.
(c) Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
[(d) Has the powers of a peace officer.]
Sec. 47. NRS 481.048 is hereby amended to read as follows:
481.048 1. There is hereby created, within the registration division of the department, the bureau of enforcement.
2. The director shall appoint, within the limits of legislative appropriations, investigators in the bureau of enforcement of the registration division of the department.
3. The duties of the investigators are to travel the state and:
(a) Act as investigators in the enforcement of the provisions of chapters 482 and 487 of NRS, NRS 108.265 to 108.360, inclusive, and 108.440 to 108.500, inclusive, as those sections pertain to motor vehicles, trailers, motorcycles, recreational vehicles and semitrailers, as defined in chapter 482 of NRS.
(b) Act as adviser to dealers in connection with any problems arising under the provisions of that chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Perform such other duties as may be imposed by the director.
[4. The administrators and the investigators of the bureau have the powers of peace officers to enforce any law of the State of Nevada in carrying out their duties under this section. They are not entitled to retire under the early retirement provisions of chapter 286 of NRS applicable to police offices and firemen.]
κ1993 Statutes of Nevada, Page 2537 (CHAPTER 609, AB 575)κ
Sec. 48. NRS 481.0481 is hereby amended to read as follows:
481.0481 1. There is hereby created, within the registration division of the department, a section for the control of emissions from vehicles.
2. The director shall appoint, within the limits of legislative appropriations, investigators, officers and technicians for the control of emissions from vehicles.
3. The duties of the investigators, officers and technicians are to travel the state and:
(a) Act as agents and inspectors in the enforcement of the provisions of NRS 445.610 to 445.710, inclusive, chapter 482 of NRS and NRS 484.644 and 484.6441.
(b) Cooperate with the division of environmental protection of the state department of conservation and natural resources in all matters pertaining to the control of emissions from vehicles.
(c) Perform such other duties as may be imposed by the director.
[4. Officers and investigators have the powers of peace officers in carrying out their duties under this section but shall not be deemed police officers for purposes of chapter 286 of NRS.]
Sec. 49. NRS 481.051 is hereby amended to read as follows:
481.051 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall not follow other gainful employment or occupation.
2. The director may organize the department into various divisions, alter the organization and reassign responsibilities and duties as he deems appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) Adopt such regulations consistent with law as he deems necessary for the operation of the department and the enforcement of all laws administered by the department.
4. The director may appoint vendors to serve as agents of the department to sell temporary licenses. The vendor shall collect the tax, fees and licenses provided for in chapter 706 of NRS, and pay them to the department. The vendor shall guarantee payment by giving a bond in an amount not less than $25,000, executed by the vendor as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada. In lieu of a bond, the vendor may deposit with the state treasurer a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the director. The director may appoint inspectors of the public service commission of Nevada and personnel of the Nevada highway patrol to serve without remuneration as vendors for the purposes of this subsection.
5. The director may delegate to the officers and employees of the department such authorities and responsibilities not otherwise delegated by law as he deems necessary for the efficient conduct of the business of the department.
κ1993 Statutes of Nevada, Page 2538 (CHAPTER 609, AB 575)κ
he deems necessary for the efficient conduct of the business of the department.
[6. The director has the powers of a peace office.]
Sec. 50. NRS 481.054 is hereby amended to read as follows:
481.054 The [following officers and employees of state and local government must be certified by the committee:
1. The bailiff of the supreme court;
2. The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests;
3. Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;
4. Constables and their deputies whose official duties require them to carry weapons and make arrests;
5. Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;
6. Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;
7. Marshals, policemen and correctional officers of cities and towns;
8. Parole and probation officers;
9. Special investigators who are employed full time by the office of any district attorney or the attorney general;
10. Investigators of arson for fire departments who are specially designated by the appointing authority;
11. Members of the police department of the University and Community College System of Nevada;
12. The assistant and deputies of the state fire marshal;
13. The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred in chapter 565 of NRS;
14. Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
15. The superintendents and correctional officers of the department of prisons;
16. Employees of the division of state parks of the state department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;
17. School police officers employed by the board of trustees of any county school district;
18. Agents of the state gaming control board who:
(a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or
(b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,
except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
19. The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;
κ1993 Statutes of Nevada, Page 2539 (CHAPTER 609, AB 575)κ
20. Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;
21. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;
22. The personnel of the department of wildlife who exercise those powers of enforcement conferred by Title 45 and chapter 488 of NRS;
23. Legislative police officers of the State of Nevada;
24. Police officers of the buildings and grounds division of the department of general services;
25. Parole counselors of the division of child and family services of the department of human resources;
26. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada or by a department of family, youth and juvenile services established pursuant to section 4 of Assembly Bill No. 654 of this session whose official duties requires them to enforce court orders on juvenile offenders and make arrests;
27. Field investigators of the taxicab authority;
28. Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests; and
29. Forensic technicians and correctional officers employed in the program for mentally disordered offenders of the mental hygiene and mental retardation division of the department of human resources.] persons upon whom some or all of the powers of a peace officer are conferred pursuant to sections 2 to 23, inclusive, of this act must be certified by the committee, except:
1. The chief parole and probation officer;
2. The director of the department of prisons;
3. The state fire marshal;
4. The director of the department of motor vehicles and public safety, the deputy directors of the department, and the chiefs of the divisions of the department other than the investigation division;
5. The commissioner of insurance and his chief deputy;
6. Railroad policemen; and
7. California correctional officers.
Sec. 51. NRS 481.150 is hereby amended to read as follows:
481.150 1. The chief of the Nevada highway patrol is the chief officer of the Nevada highway patrol and has the powers and duties provided in NRS 481.180, which must be performed under the direction and supervision of the director.
2. When requested by the governor to preserve order, protect life or property and enforce the laws of this state, the chief may appoint such personnel of the Nevada highway patrol as may be necessary for that purpose. [When so appointed, the personnel have the powers of peace officers specified in this section and NRS 481.180. Their] The salaries and expenses of the personnel incidental to those operations must be paid out of appropriations for the department from the state general fund.
κ1993 Statutes of Nevada, Page 2540 (CHAPTER 609, AB 575)κ
Sec. 52. NRS 481.230 is hereby amended to read as follows:
481.230 [1.] The investigation division is composed of:
[(a)] 1. A chief appointed by the director; and
[(b)] 2. Within the limitations of legislative appropriation, a number of investigators and agents which the director determines to be sufficient to carry out the duties of the division, who are employed in the classified service of the state.
[2. The investigators and agents of the investigation division of the department and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty, have the powers of peace officers.]
Sec. 53. NRS 484.1345 is hereby amended to read as follows:
484.1345 Regulatory agency means any of the agencies granted police or enforcement powers under the provisions of NRS 407.065, 472.040, 481.048, 501.349, 565.155 [, 703.155] or 706.8821 [.] , subsection 2 of section 11 of this act, section 12 of this act, subsection 3 of section 13 of this act, section 14 of this act, subsection 4 of section 15 of this act, or section 19 or 21 of this act.
Sec. 54. NRS 501.349 is hereby amended to read as follows:
501.349 Regular employees and others designated by the director as game wardens shall enforce all provisions of this Title and of chapter 488 of NRS. [Game wardens are peace officers for the purposes of:
1. The service of such legal process, including warrants and subpenas, as may be required in the enforcement of this Title and of chapter 488 of NRS.
2. The enforcement of all laws of the State of Nevada while they are performing their duties pursuant to this Title and chapter 488 of NRS.]
Sec. 55. NRS 561.225 is hereby amended to read as follows:
561.225 1. The executive director shall appoint such technical, clerical and operational staff as the execution of his duties and the operation of the department may require.
2. The executive director may designate such department personnel as are required to be field agents and inspectors in the enforcement of the provisions of Titles 49 and 50 of NRS . [, and while so serving this person or persons have the powers of peace officers to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop the movement of livestock and carcasses for purposes of inspection.] Nothing in this subsection authorizes any department personnel so designated by the executive director to retire from the public employees retirement system prior to having attained the minimum service retirement agent of 60 years.
Sec. 56. NRS 563.120 is hereby amended to read as follows:
563.120 The board may appoint all necessary marshals and police to keep order and preserve peace at the livestock shows and exhibitions that the board conducts . [, and the officers so appointed shall be vested with the same authority for the preservation of order and peace on the grounds and in the buildings and the approaches thereto that peace officers of the State of Nevada are vested with by law.]
κ1993 Statutes of Nevada, Page 2541 (CHAPTER 609, AB 575)κ
Sec. 57. NRS 565.155 is hereby amended to read as follows:
565.155 [1. In carrying out the provisions of this chapter, any inspector of the department has the power of a peace officer to make investigations and arrests and to execute warrants of search and seizure.
2. The] In addition to enforcing the provisions of this chapter through its inspectors, the department may:
[(a)] 1. Authorize other peace officers to enforce the provisions of this chapter; and
[(b)] 2. Adopt regulations specifying the procedures for the enforcement of the provisions of this chapter by the inspectors of the department and other peace officers.
[3. This section does not authorize any inspector to retire under the public employees retirement system before having attained the minimum service age of 60 years.]
Sec. 58. NRS 648.050 is hereby amended to read as follows:
648.050 The board is authorized to employ persons to investigate all alleged violations of this chapter. [Such employees shall have the authority of peace officers.]
Sec. 59. NRS 679B.154 is hereby amended to read as follows:
679B.154 [1.] The commissioner, through his investigators, shall investigate fraudulent claims for benefits under an insurance policy.
[2. The commissioner and his chief deputy are peace officers for the limited purposes of obtaining and exchanging information on applicants and licensees under this Title.]
Sec. 60. NRS 703.155 is hereby amended to read as follows:
703.155 [1. The employees of the commission whom it designates as inspectors and as manager of transportation are peace officers and have police power for the enforcement of the provisions of:
(a) Chapters 704, 705 and 706 of NRS and all regulations of the commission or the department of motor vehicles and public safety pertaining thereto; and
(b) Chapter 482 of NRS and NRS 483.230, 483.350 and 483.530 to 483.620, inclusive, for the purposes of carrying out the provisions of chapter 706 of NRS.
2.] Inspectors and the manager of transportation may carry firearms in the performance of their duties.
Sec. 61. NRS 705.220 is hereby amended to read as follows:
705.220 1. The governor may, upon the application of any railroad company, appoint and commission one or more persons, designated by [such] the company, to serve as railroad policemen. The persons so appointed [shall] must serve at the sole expense of the company . [and, after being duly sworn, have the powers of peace officers upon the premises or property owned or operated by the company.] The company designating such persons is responsible civilly for any abuse of their authority.
2. Every such policeman shall, when on duty, wear in plain view a star bearing the words Railroad Police, and the name of the company for which he is commissioned.
κ1993 Statutes of Nevada, Page 2542 (CHAPTER 609, AB 575)κ
Sec. 62. NRS 706.8821 is hereby amended to read as follows:
706.8821 1. The administrator is responsible for the control and regulation of the taxicab industry in any county to which NRS 706.881 to 706.885, inclusive, apply and for the administration of NRS 706.881 to 706.885, inclusive.
2. The administrator shall appoint:
(a) One accountant and such auditors as are necessary to enable the administrator to perform his official functions properly; and
(b) Such other employees as are necessary to enable the administrator to perform his official functions properly.
[3. Those employees designated as:
(a) Taxicab field investigators are peace officers.
(b) Airport control officers are peace officers only when on duty at the airport.]
Sec. 63. NRS 62.125, 209.171, 210.270, 210.700, 210.745, 212.210, 213.1097, 218.6857, 392.460, 477.015, 481.073 and 562.500 are hereby repealed.
Sec. 64. Section 5 of Senate Bill No. 392 of this session is hereby amended to read as follows:
Sec. 5. [1.] In each judicial district which includes a county whose population is 100,000 or more but less than 400,000, the probation officer under the general supervision of the director of juvenile services and with the advice of the committee for juvenile services shall organize, direct and develop the administrative work of the department of juvenile services and the detention home, including the social, financial and clerical work, and he shall perform such other duties as the director of juvenile services directs. All information obtained in the discharge of an official duty by an officer or other employee of the court is privileged and must not be disclosed to anyone other than the director of juvenile services and others entitled under this chapter to receive such information, unless otherwise permitted by the director of juvenile services.
[2. Probation officers and assistant probation officers who are required to be certified by NRS 481.054 have the same powers as peace officers when performing duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.]
Sec. 65. 1. Sections 28, 30, 43 and 64 of this act become effective at 12:01 a.m. on October 1, 1993.
2. Section 50 of this act becomes effective at 12:02 a.m. on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 2543κ
Assembly Bill No. 513Committee on Commerce
CHAPTER 610
AN ACT relating to physical therapy; providing for the regulation of physical therapists technicians; allowing physical therapists assistants to obtain a temporary license under certain circumstances; making various other changes; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 640 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Immediate supervision means that a person is present and immediately available within the treatment area to give aid, direction and instruction to the person he is supervising.
Sec. 3. Physical therapists technician means an unlicensed person who performs certain limited activities at the direction of the physical therapist.
Sec. 4. 1. A physical therapist shall provide immediate supervision of a physical therapists technician while the technician performs treatments related to physical therapy which have been directed by the physical therapist.
2. As used in this section, treatment does not include secretarial, clerical or housekeeping activities, the transportation of a patient or the dressing or undressing of a patient.
Sec. 5. 1. The board may issue, without examination, a temporary license to practice as a physical therapists assistant to a person who:
(a) Meets all of the other qualifications of NRS 640.230; and
(b) Certifies that he has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency.
2. The board may charge a fee, not to exceed $100, for the issuance of a temporary license.
3. A student who is enrolled in a program to become a physical therapists assistant is not required to be licensed during his clinical training if his work is performed under the direct supervision of a physical therapist.
Sec. 6. NRS 640.011 is hereby amended to read as follows:
640.011 As used in this chapter, unless the context otherwise requires, the terms defined in NRS 640.013 to 640.026, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 640.023 is hereby amended to read as follows:
640.023 Physical [therapy] therapists assistant means a person who assists in the practice of physical therapy under the supervision of a licensed physical therapist and who is licensed under the provisions of this chapter. The term is synonymous with physical therapist assistant.
Sec. 8. NRS 640.024 is hereby amended to read as follows:
640.024 Practice of physical therapy:
1. Includes:
κ1993 Statutes of Nevada, Page 2544 (CHAPTER 610, AB 513)κ
(a) The performing and interpreting of tests and measurements as an aid to evaluation [and] or treatment;
(b) The planning of initial and subsequent programs of treatment on the basis of the results of tests; and
(c) The administering of treatment through the use of therapeutic exercise and massage, the mobilization of joints by the use of therapeutic exercise without chiropractic adjustment, mechanical devices, and therapeutic agents which employ the properties of air, water, electricity, sound and radiant energy.
2. Does not include:
(a) The diagnosis of physical disabilities;
(b) The use of roentgenic rays or radium;
(c) The use of electricity for cauterization or surgery; or
(d) The occupation of a masseur who massages only the superficial soft tissues of the body.
Sec. 9. NRS 640.026 is hereby amended to read as follows:
640.026 Supervising physical therapist means a physical therapist who [employs and] supervises a physical [therapy assistant.] therapists assistant or physical therapists technician.
Sec. 10. NRS 640.029 is hereby amended to read as follows:
640.029 This chapter does not apply to an occupational therapist or occupational therapy assistant who:
1. Is licensed to practice in this state;
2. Practices within the scope of that license; and
3. Does not represent that he is a physical therapist or physical [therapy] therapists assistant, or that he practices physical therapy.
Sec. 11. NRS 640.050 is hereby amended to read as follows:
640.050 1. The board shall examine and license qualified physical therapists and qualified physical [therapy] therapists assistants.
2. The board may adopt reasonable regulations to carry this chapter into effect, including, but not limited to, regulations concerning the:
(a) Issuance and display of licenses.
(b) Supervision of physical [therapy assistants.] therapists assistants and physical therapists technicians.
(c) Treatments and other regulated procedures which may be performed by physical therapists technicians.
3. The board shall keep a record of its proceedings and a register of all persons licensed under the provisions of this chapter. The register must show:
(a) The name of every living licensee.
(b) The last known place of business and residence of each licensee.
(c) The date and number of each license issued as a physical therapist or physical [therapy] therapists assistant.
4. During September of every year in which renewal of a license is required, the board shall compile a list of licensed physical therapists authorized to practice physical therapy and physical [therapy] therapists assistants licensed to assist in the practice of physical therapy in this state. Any interested person in the state may obtain a copy of the list upon application to the board and the payment of such amount as may be fixed by the board, which amount must not exceed the cost of the list so furnished.
κ1993 Statutes of Nevada, Page 2545 (CHAPTER 610, AB 513)κ
5. The board may:
(a) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
(b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(c) Adopt a seal of which a court may take judicial notice.
6. Any member or agent of the board may enter an office, clinic or hospital where physical therapy is practiced and inspect it to determine if the physical therapists are licensed.
7. Any member of the board may administer an oath to a person testifying in a matter that relates to the duties of the board.
Sec. 12. NRS 640.070 is hereby amended to read as follows:
640.070 1. All fees collected under this chapter must be deposited by the board in banks or savings and loan associations in the State of Nevada.
2. All expenses incident to the operation of this chapter must be paid from the revenue derived therefrom.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines therefor . [and] If the board so delegates its authority, the board may deposit the money [therefrom] from the fines in banks or savings and loan associations in this state [.] for the support of the board. In addition, the hearing officer or panel may assess a licensee against whom disciplinary action is taken any costs and fees incurred by the board as a result of the hearing. The money from the reimbursed costs and fees may also be deposited for use by the board.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 , [and] the board [deposits] shall deposit the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund . [, it] The board 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. 13. NRS 640.230 is hereby amended to read as follows:
640.230 To be eligible for licensing by the board as a physical [therapy] therapists assistant, an applicant must:
1. Be at least 18 years old.
2. Be of good moral character.
3. Have graduated from an approved high school.
4. Have completed an educational curriculum approved by the board for a physical [therapy] therapists assistant.
5. Pass an examination designated by the board or be entitled to licensing without examination as provided in NRS 640.270 [.] or section 5 of this act.
Sec. 14. NRS 640.240 is hereby amended to read as follows:
640.240 1. For the purposes of NRS 640.230, the board shall not approve any educational curriculum for a physical [therapy] therapists assistant unless the curriculum includes elementary or intermediate courses in clinical, anatomical, biological and physical sciences and is:
(a) At least a 2-year program requiring a minimum of 60 academic semester credits at a college accredited by a recognized accrediting agency; or
κ1993 Statutes of Nevada, Page 2546 (CHAPTER 610, AB 513)κ
(b) A curriculum which is provided by the Armed Forces of the United States and has been approved by the American Physical Therapy Association.
2. The board may refuse to approve any educational curriculum for physical [therapy] therapists assistants if the curriculum does not include such courses in theory and procedures as determined by the board to be necessary for these assistants.
Sec. 15. NRS 640.260 is hereby amended to read as follows:
640.260 1. The board shall license as a physical [therapy] therapists assistant each applicant who proves to the satisfaction of the board his qualifications for a license.
2. The board shall issue to each qualified applicant a license [,] that authorizes the applicant to represent himself as a physical [therapy] therapists assistant and to practice as that assistant.
3. Each physical [therapy] therapists assistant shall display his current license in a location which is accessible to the public.
4. The board may charge a fee, not to exceed $25, to replace a lost license or to change a name on a license.
5. A license as a physical [therapy] therapists assistant is valid as long as a supervising physical therapist [employs and] supervises the physical [therapy] therapists assistant.
Sec. 16. NRS 640.270 is hereby amended to read as follows:
640.270 The board may license as a physical [therapy] therapists assistant, without examination, on the payment of the required fee, an applicant who is licensed as a physical [therapy] therapists assistant under the laws of another state or territory whose requirements at the date of his licensure were substantially equal to the current requirements of this state.
Sec. 17. NRS 640.280 is hereby amended to read as follows:
640.280 1. The license of a physical [therapy] therapists assistant expires on July 31 of each year. A physical [therapy] therapists assistant may renew his license before its expiration upon:
(a) Presentation of proof of completion of a program of continuing education as required by subsection 3; and
(b) Payment of the renewal fee established by the board.
2. A license that is not renewed before July 31 of each year expires. The board may reinstate an expired license upon payment of the annual renewal fee and the annual expiration fee established by the board for each year the license is expired.
3. The board shall require each physical [therapy] therapists assistant to complete a program of continuing education as a prerequisite for the renewal of his license. The board shall prescribe the curriculum and approve the courses of study or training for that program.
Sec. 18. NRS 640.290 is hereby amended to read as follows:
640.290 A person licensed as a physical [therapy] therapists assistant may assist in the practice of physical therapy only under the direct supervision of a supervising physical therapist, as regulated by the board and subject to the conditions and limitations of NRS 640.230 to 640.300, inclusive.
κ1993 Statutes of Nevada, Page 2547 (CHAPTER 610, AB 513)κ
Sec. 19. NRS 640.300 is hereby amended to read as follows:
640.300 Any person:
1. Who is not licensed under NRS 640.230 to 640.300, inclusive, as a physical [therapy] therapists assistant;
2. Whose license has been suspended or revoked; or
3. Whose license has expired and has not been reinstated,
and who uses in connection with his name the words or letters [A.P.T.] P.T.A. or Physical [Therapy] Therapists Assistant, or any other letters, words or insignia indicating or implying that he is a licensed physical [therapy] therapists assistant, or who in any other way, orally, or in writing, or in print, by sign, directly, or by implication, represents himself as a licensed physical [therapy] therapists assistant, is guilty of a misdemeanor.
________
Assembly Bill No. 468Assemblymen Wendell Williams, Porter, Arberry, McGaughey, Bache, Freeman, Smith, Toomin, Collins, Chowning, Haller, Scherer, Anderson, Gibbons, Schneider, Petrak, Price and Carpenter
CHAPTER 611
AN ACT relating to consolidated library districts; providing that the members of the board of trustees of a district may be removed for cause; requiring the appointment of an executive director for each district; requiring a public hearing before a proposal is made by a district to issue bonds; requiring the submission of the budget of a district to the board of county commissioners and governing body of the city for review, recommendation and filing; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 379.0222 is hereby amended to read as follows:
379.0222 1. After the consolidation of a city into a county library district, the board of county commissioners and the governing body of the city shall each appoint five competent persons who are residents of the new consolidated library district to serve as trustees.
2. The terms of office of the trustees appointed pursuant to subsection 1 are as follows:
(a) Three persons appointed by each governing body must be appointed for terms of 4 years.
(b) Two persons so appointed must be appointed for terms of 2 years.
Thereafter the offices of trustees must be filled for terms of 4 years in the order in which the terms expire. No person may be appointed to hold office for more than two consecutive terms.
3. A vacancy in the office of trustee which occurs because of the expiration of the term must be filled by appointment for a term of 4 years. A vacancy which occurs other than by expiration of the term must be filled by appointment for the unexpired term.
κ1993 Statutes of Nevada, Page 2548 (CHAPTER 611, AB 468)κ
4. The trustees are entitled to receive a salary of $40 per meeting, but not more than $80 per month, in addition to the travel and subsistence allowances in the same amounts as are provided for employees of the consolidated library district.
5. The board of county commissioners or governing body of the city, as the case may be, may remove any trustee appointed by it [who] :
(a) For cause, as described in NRS 283.440; or
(b) Who fails, without good cause, to attend three successive meetings of the trustees.
6. The trustees may appoint an executive director for the consolidated library district who serves at the pleasure of the trustees.
Sec. 2. NRS 379.0223 is hereby amended to read as follows:
379.0223 The name of any consolidated library district established pursuant to NRS 379.0221 must be selected by the trustees and include the name of the [largest] city having the largest population located within the boundaries of the consolidated library district.
Sec. 3. NRS 379.0225 is hereby amended to read as follows:
379.0225 1. [The] Except as otherwise provided in this subsection, the trustees of a consolidated or county library district may propose the issuance of general obligation bonds in an amount not to exceed 10 percent of the total last assessed valuation of the taxable property of the district for the purpose of acquiring, constructing or improving buildings and other real property to be used for library purposes or for purchasing books, materials or equipment for newly constructed libraries. The trustees of a consolidated library district shall not propose an issuance of bonds or any other form of indebtedness unless a public hearing on the proposal is first held before the board of county commissioners and the governing body of the city.
2. If the trustees decide to propose the issuance of bonds, the proposal must be submitted to the general obligation bond commission of the county in which the district is situated, pursuant to the provisions of NRS 350.001 to 350.006, inclusive. If the commission approves the proposed issuance, the question of issuing the bonds must be submitted to the registered electors of the district in accordance with the provisions of NRS 350.020 to 350.070, inclusive. If a majority of the electors voting on the question favors the proposal, the board of county commissioners shall issue the bonds as general obligations of the consolidated or county library district pursuant to the provisions of the Local Government Securities Law.
3. Any bond issued for purchasing books, materials or equipment for newly constructed libraries must be redeemed within 5 years after its issuance.
Sec. 4. NRS 379.025 is hereby amended to read as follows:
379.025 1. [The] Except as otherwise provided in subsection 2, the trustees of any consolidated, county, district, town or other public library, and their successors, shall:
(a) Establish, supervise and maintain a library.
(b) Appoint, evaluate the performance of and, if necessary, dismiss a librarian [.] or, in the case of a consolidated library district, an executive director.
κ1993 Statutes of Nevada, Page 2549 (CHAPTER 611, AB 468)κ
(c) Hold and possess the property and effects of the library in trust for the public.
(d) In the case of a county library, submit annual budgets to the board of county commissioners, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
(e) In the case of a consolidated, district or town library, prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.
(f) In the case of a consolidated library district [, administer] :
(1) Administer any separate account established pursuant to NRS 354.603.
(2) Annually submit a budget to the board of county commissioners and governing body of the city for joint review and recommendation, which must contain detailed priorities and estimates of the amount of money necessary for the operation and management of the consolidated library district for the next succeeding year. Unless a majority of the members of the board of county commissioners and a majority of the members of the governing body of the city reject the budget within 21 days after it is submitted to them, the trustees shall cause copies of the final budget to be submitted to the board of county commissioners for attachment to the copy of the final budget for the county which is filed pursuant to NRS 354.59801, and to the governing body of the city for attachment to the copy of the final budget for the city which is filed pursuant to NRS 354.59801. If the budget is so rejected, the trustees shall resubmit a revised budget for joint review pursuant to this subparagraph.
(3) Submit quarterly reports to the board of county commissioners and governing body of the city concerning the budget and the programs of the library, and provide any additional information requested by either governing body as soon as is reasonable practicable after receiving the request.
(g) Establish bylaws and regulations for the management of the library and their own management.
(h) Manage all the property, real and personal, of the library.
(i) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.
(j) Administer any trust declared or created for the library.
(k) Maintain or defend any action in reference to the property or affairs of the library.
2. The trustees may:
(a) Make purchases and secure rooms.
(b) Authorize the merger or, subject to the limitations in NRS 379.0221, the consolidation of a town or city library with a county library district.
(c) Invest the money in the appropriate library fund in accordance with the provisions of chapter 355 of NRS.
(d) Do all acts necessary for the orderly and efficient management and control of the library.
3. The trustees shall, as a primary goal of the consolidated library district, provide the library facilities, resources and trained staff to meet the informational needs of all residents of the district.
________
κ1993 Statutes of Nevada, Page 2550κ
Assembly Bill No. 435Committee on Judiciary
CHAPTER 612
AN ACT relating to divorce; providing for the disposition upon divorce of property held by the parties in joint tenancy; requiring a court to consider the income of a spouse who is ordered to pay alimony upon receipt of a motion to modify that order; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125.150 is hereby amended to read as follows:
125.150 Unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:
1. In granting a divorce, the court:
(a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and
(b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.
2. [In any proceeding to terminate a marriage, the court may partition property held by the parties in joint tenancy upon:
(a) Request of either party to the proceeding; or
(b) Its own motion.] Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may, in its discretion, provide for the reimbursement of that party for his contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
(a) The intention of the parties in placing the property in joint tenancy;
(b) The length of the marriage; and
(c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.
As used in this subsection, contribution includes a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.
κ1993 Statutes of Nevada, Page 2551 (CHAPTER 612, AB 435)κ
finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.
3. Whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorneys fee to either party to an action for divorce if those fees are in issue under the pleadings.
4. In granting a divorce, the court may also set apart such portion of the husbands separate property for the wifes support, the wifes separate property for the husbands support or the separate property of either spouse for the support of their children as is deemed just and equitable.
5. In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.
6. If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.
7. If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouses federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony he has been ordered to pay.
8. In granting a divorce the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
(b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
9. If the court determines that alimony should be awarded pursuant to the provisions of subsection 8:
(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
κ1993 Statutes of Nevada, Page 2552 (CHAPTER 612, AB 435)κ
(b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:
(1) Testing of the recipients skills relating to a job, career or profession;
(2) Evaluation of the recipients abilities and goals relating to a job, career or profession;
(3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(4) Subsidization of an employers costs incurred in training the recipient;
(5) Assisting the recipient to search for a job; or
(6) Payment of the costs of tuition, books and fees for:
(I) The equivalent of a high school diploma;
(II) College courses which are directly applicable to the recipients goals for his career; or
(III) Courses of training in skills desirable for employment.
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1993.
________
Assembly Bill No. 427Assemblymen Arberry, Evans, Marvel, Price, Chowning, Heller, Perkins, Myrna Williams, Tiffany, Wendell Williams, Augustine, Bennett, Schneider, Bache, Freeman, Lambert, McGaughey, Collins, de Braga, Bonaventura, Regan, Ernaut, Segerblom, Gibbons, Toomin, Haller, Smith, Gregory, Carpenter, Hettrick, Petrak, Kenny, Neighbors, Dini, Garner, Humke, Scherer and Anderson
CHAPTER 613
AN ACT relating to pupils; prohibiting a pupil from carrying or possessing any electronic device used for paging or communication while on school grounds; providing an exception; providing a penalty; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 392 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 pupil in kindergarten or grades 1 to 12, inclusive, while on school grounds, to carry or possess a beeper, portable telephone or any other similar electronic device designed to page or contact a person.
2. A pupil may carry or possess a beeper, portable telephone or other similar device on school grounds if he is expressly authorized in writing to do so by the school administrator.
κ1993 Statutes of Nevada, Page 2553 (CHAPTER 613, AB 427)κ
3. As used in this section, beeper means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.
Sec. 2. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 415Committee on Government Affairs
CHAPTER 614
AN ACT relating to local government purchasing; raising the threshold for requiring the advertisement of competitive bids for purchases by a local government in certain counties; raising the threshold for requiring the advertisement of competitive bids for concession agreements for the Airport Authority of Washoe County; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 332 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided by specific statute:
(a) A governing body or its authorized representative in a county whose population is 100,000 or more shall advertise all contracts for which the estimated amount required to perform the contract exceeds $25,000.
(b) Such a governing body or its authorized representative may enter into a contract of any nature without advertising if the estimated amount required to perform the contract is $25,000 or less.
(c) If the estimated amount required to perform the contract is more than $10,000 but not more than $25,000, requests for bids must be submitted to two or more persons capable of performing the contract, if available. The governing body or its authorized representative shall maintain a permanent record of all requests for bids and all bids received.
2. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids regardless of the estimated amount to perform the contract.
Sec. 2. NRS 332.035 is hereby amended to read as follows:
332.035 1. Except as otherwise provided by specific statute:
(a) A governing body or its authorized representative in a county whose population is 100,000 or less shall advertise all contracts for which the estimated amount required to perform the contract exceeds $10,000.
(b) [A] Such a contract of any nature without advertising [when] if the estimated amount required to perform the contract is $10,000 or less.
[(b)] (c) If the estimated amount required to perform the contract is more than $5,000 but not more than $10,000, requests for bids must be submitted to two or more persons capable of performing the contract, if available. The governing body or its authorized representative shall maintain a permanent record of all requests for bids and all bids received.
κ1993 Statutes of Nevada, Page 2554 (CHAPTER 614, AB 415)κ
2. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids regardless of the estimated amount to perform the contract.
Sec. 3. NRS 332.045 is hereby amended to read as follows:
332.045 1. [Except as otherwise provided in a specific statute, the governing body or its authorized representative shall advertise all contracts where the estimated aggregate amount required to perform the contract exceeds $10,000] The advertisement required by paragraph (a) of subsection 1 of NRS 332.035 and section 1 of this act must be published at least once and not less than 7 days before the opening of bids.
[2. Such] The advertisement must be by notice to bid [to] , and must be published in a newspaper published and having general circulation within the county wherein the local government, or a major portion thereof, is situated. If no such newspaper is published in the county, then publication must be in any newspaper published in the state having general circulation in the county.
[3. Such]
2. The notice must state:
(a) The nature, character or object of the contract.
(b) If plans and specifications are to constitute part of the contract, where the plans and specifications may be seen.
(c) The time and place where bids will be received and opened.
(d) Such other matters as may properly pertain to giving notice to bid.
Sec. 4. Section 10.2 of chapter 474, Statutes of Nevada 1977, as amended by chapter 121, Statutes of Nevada 1991, at page 205, is hereby amended to read as follows:
Sec. 10.2. 1. The authority may enter into any concession agreement if the board or its authorized representative reviews the agreement and determines it is in the best interest of the authority. In making this determination, the board or its authorized representative shall consider whether the proposed fees to be paid to the authority for the privileges granted are conductive to revenue generation and providing high quality service to the traveling public.
2. Before entering into any concession agreement providing estimated revenue to the authority of more than [$10,000,] $25,000, the authority must:
(a) Comply with the bidding requirements of the Local Government Purchasing Act; or
(b) Publish notice of its intention to enter the agreement in a newspaper of general circulation in the county at least three times during a period of 10 days. The notice must specify the date, time and place of a regular meeting of the authority to be held after completion of the publication at which any interested person may appear.
3. The board may authorize the executive director of the authority to enter into any concession agreement on behalf of the authority if the agreement provides estimated revenue to the authority of [$10,000] $25,000 or less. Such an agreement is not subject to the provisions of subsection 2.
________
κ1993 Statutes of Nevada, Page 2555κ
Assembly Bill No. 259Committee on Ways and Means
CHAPTER 615
AN ACT relating to gubernatorial portraits; providing for the acceptance and display of a portrait of Isaac Roop, former Governor of the Provisional Territory of Nevada; and providing other matters properly relating thereto.
[Approved July 13, 1993]
whereas, Isaac Roop served as Governor of the Provisional Territory of Nevada from 1859 to 1861; and
whereas, Isaac Roop served as a member of the Territorial Senate of Nevada beginning in 1861; and
whereas, Isaac Roop was the founder and leading citizen of Susanville, California, both during and following the period in which the town was thought to be situated within the boundaries of the State of Nevada; and
whereas, Roop County, Nevada, once made up what is now the northern portion of Washoe County but was dissolved as a result of a lack of population in the area; and
whereas The recognition which Isaac Roop has received from the state he helped bring into being has not been equal to his contributions in public service; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Upon receipt of a framed portrait of Isaac Roop, former Governor of the Provisional Territory of Nevada, the secretary of state shall submit the portrait to the legislative commission for acceptance. Upon acceptance by the legislative commission, the portrait must be displayed with the portraits of the former governors of the State of Nevada.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 2556κ
Assembly Bill No. 193Committee on Health and Human Services
CHAPTER 616
AN ACT relating to health care; requiring homes providing certain health care to not more than two persons to register with the health division of the department of human resources; authorizing the investigation of complaints against those homes; providing a penalty; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Home for individual residential care means a home in which a natural person furnishes food, shelter, assistance and limited supervision, for compensation, to not more than two persons who are aged, infirm, mentally retarded or handicapped, unless the person receiving those services are related within the third degree of consanguinity or affinity to the person providing those services.
Sec. 3. 1. The board shall adopt regulations establishing a procedure for the registration by the health division of homes for individual residential care.
2. The health division shall register any home for individual residential care that complies with the regulations adopted pursuant to subsection 1.
Sec. 4. The health division and the aging services division of the department of human resources may:
1. Investigate any complaints against a home for individual residential care and, when conducting such an investigation, may inspect the home during normal business hours, with or without notice.
2. Report to an appropriate state or local agency any violations of state or local laws or regulations discovered during an investigation conducted pursuant to this section.
Sec. 5. 1. A person shall not operate or maintain in this state a home for individual residential care unless the home is registered with the health division pursuant to section 3 of this act.
2. A person who commits a second or subsequent violation of subsection 1 is guilty of a misdemeanor.
Sec. 6. NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter , unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 7. 1. This section and sections 1 to 4, inclusive, and 6 of this act become effective on July 1, 1993.
2. Section 5 of this act becomes effective on January 1, 1994.
________
κ1993 Statutes of Nevada, Page 2557κ
Assembly Bill No. 177Committee on Government Affairs
CHAPTER 617
AN ACT relating to the division of land; making various changes to the statutory requirements for the division of land; revising certain provisions governing the division of land into four lots or less; revising certain provisions governing the division of land into large parcels; revising various provisions relating to tentative and final maps of subdivisions of land; revising the provisions governing when the building code of a city supersedes the building code of a county; providing a penalty; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. Building code means ordinances, plans, regulations or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
Sec. 3. Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
Sec. 4. City surveyor means a person appointed as such or a person designated by a city council or other legislative body of the city to perform the duties of a city surveyor pursuant to this chapter.
Sec. 5. Commission or planning commission means the planning commission of the city, the county or the region, as established by ordinance or by the provisions of this chapter.
Sec. 6. Common-interest community has the meaning ascribed to it in NRS 116.110323.
Sec. 7. County surveyor means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor pursuant to this chapter.
Sec. 8. Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and sections 19, 20 and 21 of this act and any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
Sec. 9. Governing body means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.
Sec. 10. Improvement means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.
Sec. 11. Local ordinance means an ordinance enacted by the governing body of any city or county, pursuant to the powers granted in NRS 278.010 to 278.630, inclusive, and sections 19, 20 and 21 of this act.
κ1993 Statutes of Nevada, Page 2558 (CHAPTER 617, AB 177)κ
Sec. 12. Lot means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.
Sec. 13. Parcel map means a map as provided in NRS 278.461, 278.462, 278.464, 278.466 and 278.467.
Sec. 14. Right of way includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereof.
Sec. 15. Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.
Sec. 16. Subdivider means a person or governmental entity which causes land to be divided into a subdivision for himself or for others.
Sec. 17. Tentative map means a map made to show the design of a proposed subdivision and the existing conditions in and around it.
Sec. 18. Utility project means:
1. An electric transmission line which is designed to operate at 200 kilovolts or more; or
2. A line used to transport natural gas which operates at 20 percent or more of the specified minimum yield strength of the material from which the line is constructed,
which has been approved for construction after October 1, 1991, by the state or Federal Government or a governing body.
Sec. 19. 1. The map of reversion submitted pursuant to NRS 278.490 must contain the report and the appropriate certificates required by NRS 278.376 and 278.377 for the original division of the land, any agreement entered into for a required improvement pursuant to NRS 278.380 for the original division of the land, and the certificates required by sections 20 and 21 of this act. If the map includes the reversion of any street or easement owned by a city, a county or the state, the provisions of NRS 278.480 must be followed before approval of the map.
2. The final map of reversion must be:
(a) Prepared by a professional land surveyor registered pursuant to chapter 625 of NRS. The professional land surveyor shall state in his certificate that the map has been prepared from information on a recorded map that is being reverted. The professional land surveyor may state in his certificate that he assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in his certificate information which is sufficient to identify clearly the recorded map being reverted.
(b) Clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with black permanent ink.
3. The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
κ1993 Statutes of Nevada, Page 2559 (CHAPTER 617, AB 177)κ
4. The scale of the final map must be large enough to show all details clearly and enough sheets must be used to accomplish this end.
5. The particular number of the sheet and the total number of sheets comprising the final map must be stated on each of the sheets and its relation to each adjoining sheet must be clearly shown.
Sec. 20. 1. A map of reversion presented for recording must include a certificate signed and acknowledged, pursuant to NRS 111.270, by each person who is an owner of the land consenting to the preparation and recordation of the map for the purpose of reversion.
2. A governing body may by ordinance require a map of reversion presented for recording to include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land; and
(2) Each holder of record of a security interest in the land, if the security interest was created by a mortgage or a deed of trust.
(b) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the map of reversion. A holder of record of a security interest may consent by signing:
(1) The map of reversion; or
(2) A separate document that is recorded with the map of reversion and declares his consent to the reversion, if the map contains a notation that a separate document has been recorded to this effect.
3. For the purpose of this section, the following shall be deemed not to be an interest in land:
(a) A lien for taxes or special assessments.
(b) A trust interest under a bond indenture.
Sec. 21. A map of reversion presented to the county recorder for recording must include a certificate by the clerk of the governing body or the planning commission or other authorized person stating that it approved the map.
Sec. 22. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2 to 21, inclusive, of this act, unless the context otherwise requires [:
1. Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
2. Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
3. Commission means the planning commission of the city, the county or the region, as established by ordinance or by the provisions of this chapter.
4. Common-interest community has the meaning ascribed to it in NRS 116.110323.
5. County surveyor means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor pursuant to this chapter.
6. Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
κ1993 Statutes of Nevada, Page 2560 (CHAPTER 617, AB 177)κ
ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
7. Governing body means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.
8. Improvement means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.
9. Local ordinance means an ordinance enacted by the governing body of any city or county, pursuant to the powers granted in NRS 278.010 to 278.630, inclusive, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.
10. Lot means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.
11. Parcel map means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.
12. Right of way includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereof.
13. Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.
14. Subdivider means a person who causes land to be divided into a subdivision for himself or for others.
15. Tentative map means a map made to show the design of a proposed subdivision and the existing conditions in and around it.
16. Utility project means:
(a) An electric transmission line which is designed to operate at 200 kilovolts or more; or
(b) A line used to transport natural gas which operates at 20 percent or more of the specified minimum yield strength of the material from which the line is constructed,
which has been approved for construction after October 1, 1991, by the state or Federal Government or a local government.] , the words and terms defined in sections 2 to 18, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 23. NRS 278.325 is hereby amended to read as follows:
278.325 1. If a subdivision is proposed on land [is subdivided] which is zoned for industrial or commercial development, neither the tentative nor the final map need show any division of the land into lots or parcels, but the streets and any other required improvements are subject to the requirements of NRS 278.010 to 278.630, inclusive [.] , and sections 19, 20 and 21 of this act.
2. No parcel of land may be sold for residential use from a subdivision whose final map does not show a division of the land into lots.
3. Except as otherwise provided in subsection 4, a boundary or line must not be created by a conveyance of a parcel from an industrial or commercial subdivision unless a professional land surveyor has surveyed the boundary or line and set the monuments.
κ1993 Statutes of Nevada, Page 2561 (CHAPTER 617, AB 177)κ
subdivision unless a professional land surveyor has surveyed the boundary or line and set the monuments. The surveyor shall file a record of the survey pursuant to the requirements set forth in NRS 625.340.
4. The provisions of subsection 3 do not apply to a boundary or line that is created entirely within an existing industrial or commercial building. A certificate by a professional engineer or registered architect which certifies compliance with the applicable building code must be attached to any document which proposes to subdivide a building.
Sec. 24. NRS 278.330 is hereby amended to read as follows:
278.330 1. The initial action in connection with the making of any subdivision is the preparation of a tentative map.
2. The subdivider shall file copies of such map with the planning commission [,] or its designated representative, or with the clerk of the governing body if there is no planning commission , together with a filing fee in an amount determined by the governing body.
3. The commission, its designated representative, the clerk or other designated representative of the governing body or, when permitted by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies charged with reviewing the proposed subdivision.
4. If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.
5. Except as otherwise provided by subsection 6, if there is a planning commission , it shall, within 45 days after receiving a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.
6. If the governing body has authorized the planning commission to act finally on a tentative map, the planning commission shall, within 45 days after receiving a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349. It shall file its written decision with the governing body.
Sec. 25. NRS 278.335 is hereby amended to read as follows:
278.335 1. A copy of the tentative map must be forwarded by the [local government] planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body, to the division of water resources and the division of environmental protection of the state department of conservation and natural resources , and the health division of the department of human resources [,] or the [local representative] district board of health acting for the health division [,] pursuant to subsection 2, for review.
2. [The] In a county whose population is 100,000 or more, if the county and one or more incorporated cities in the county have established a district board of health, the authority of the health division to review and certify proposed subdivisions and conduct construction or installation inspections must be exercised by the district board of health . [or, where there is no district board of health, then by the incorporated city within whose limits, or the county in whose unincorporated area, the subdivision is to be situated if:
κ1993 Statutes of Nevada, Page 2562 (CHAPTER 617, AB 177)κ
(a) The district board of health or the city or county requests such authority of the health division; and
(b) The health division determines that the district board of health or the city or county is adequately staffed to conduct the subdivision review and inspections.]
3. A district board of health [or a city or county] which conducts reviews and inspections under this section shall [certify to the health division within 10 days after filing its recommendations concerning the tentative map and after approving the final map that the subdivision meets] consider all the requirements of the law concerning sewage disposal, water pollution, water quality and water supply facilities. At least four times annually, the district board of health shall notify the health division of the department of human resources which subdivisions met these requirements of law and have been certified by the district board of health.
4. The state is not chargeable with any expense incurred by a district board of health [or a city or county] acting pursuant to this section.
5. Each reviewing agency shall , within 15 days from the receipt of the tentative map , file its written comments with the planning commission or the governing body recommending approval, conditional approval or disapproval and stating the reasons therefor.
6. The [local government] planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body shall, for informational purposes only, immediately forward a copy of the tentative map to the public service commission of Nevada for any subdivision which will provide water or services for the disposal of sewage and is subject to the provisions of NRS 704.679. The public service commission of Nevada shall acknowledge receipt of the tentative map within 15 days after it is received.
Sec. 26. NRS 278.340 is hereby amended to read as follows:
278.340 [1. Whenever any] Except as otherwise provided in a comprehensive regional plan adopted pursuant to NRS 278.026 to 278.029, inclusive, whenever a subdivider proposes to subdivide any land within [3 miles] 1 mile of the [exterior] boundary of a city, [which city has a planning commission, the county planning commission or governing body shall file a copy of the subdividers tentative map with the city planning commission. The city planning commission shall have not to exceed 30 days time for action on the map and report to the governing body of the county in which the subdivision is situated. The planning commission or governing body of the county shall take into consideration the report of the city planning commission before approving the tentative map of any subdivision within the 3-mile limit.
2. If such city has no planning commission, the county planning commission or governing body shall file a copy of the subdividers tentative map with the governing body of the city, which shall report to the planning commission or governing body of the county in which the subdivision is situated within 30 days after such filing. The planning commission or governing body of the county shall take such report into consideration before approving the tentative map of any subdivision within the 3-mile limit.] the planning commission of the county or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body of the county shall forward a copy of the tentative map to the planning commission of the city or, if there is no planning commission, the governing body of the city for review and comment.
κ1993 Statutes of Nevada, Page 2563 (CHAPTER 617, AB 177)κ
the county shall forward a copy of the tentative map to the planning commission of the city or, if there is no planning commission, the governing body of the city for review and comment.
Sec. 27. NRS 278.345 is hereby amended to read as follows:
278.345 Whenever [any] a subdivider proposes to subdivide any [lands] land within an incorporated city in a county whose population is [400,000] 100,000 or more, [which does not have a regional planning commission, the city planning commission or governing body shall file a copy of the subdividers tentative map of the proposed subdivision with the county planning commission. Within 30 days after the map is filed, the county planning commission shall take action on the map and report to the governing body of the city in which the subdivision is situated. The planning commission or governing body of the city shall take into consideration the report of the county planning commission before approving the tentative map of any subdivision.] and the proposed subdivision is within 1 mile of the boundary of an unincorporated area of the county, the planning commission of the city or its designated representative, or, if there is no planning commission, the governing body of the city or its designated representative shall forward a copy of the subdividers tentative map:
1. To the planning commission of the county for review and comment; or
2. If there is no planning commission of the county, to the clerk of the governing body of the county. The clerk shall submit the map to the governing body of the county at its next regular meeting for review and comment.
Sec. 28. NRS 278.346 is hereby amended to read as follows:
278.346 1. The planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body [with which the tentative map is filed] shall forward a copy of [such] the tentative map to the board of trustees of the school district within which [such lands are] the proposed subdivision is located. Within 15 days after receipt of [such] the copy, the board of trustees shall, if a school site is needed within the area, notify the commission or governing body that a site is requested.
2. If the board of trustees requests a site, the person proposing the subdivision shall set aside a site of the size which is determined by the board. [Such] The person proposing the subdivision and the board of trustees shall negotiate for the price of the site, which [shall] must not exceed the fair [cash] market value of the land as determined by an independent appraisal paid for by the board. If any [lands] land purchased by a school district pursuant to the provisions of this subsection have not been placed in use as a school site at the end of 10 years from the date of purchase, [they shall then first] the land must be offered to the subdivider or his successor in interest at a sale price equal to the fair market value. If such person does not accept the offer, then the board of trustees may:
(a) Sell or lease such property in the manner provided in NRS 277.050 or NRS 393.220 to 393.320, inclusive;
(b) Exchange such property in the manner provided in NRS 277.050 or NRS 393.326 to 393.3293, inclusive; or
(c) Retain such property, if such retention is determined to be in the best interests of the school district.
κ1993 Statutes of Nevada, Page 2564 (CHAPTER 617, AB 177)κ
3. Except as provided in subsection 4, when any land dedicated to the use of the public school system or any land purchased and used as a school site becomes unsuitable, undesirable or impractical for any school uses or purposes, the board of trustees of the county school district in which the land is located shall dispose of the land as provided in subsection 2.
4. Land dedicated under the provisions of former NRS 116.020, as it read [prior to] before April 6, 1961, which the board of trustees determines is unsuitable, undesirable or impractical for school purposes may be reconveyed without cost to the dedicator or his successor or successors in interest.
Sec. 29. NRS 278.347 is hereby amended to read as follows:
278.347 [Except where a board of county commissioners is the board of trustees of a district, when] When any subdivider proposes to subdivide land, any part of which is located within the boundaries of any general improvement district organized or reorganized pursuant to chapter 318 of NRS, the [county] planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body shall file a copy of the subdividers tentative map with the board of trustees of the district. The board of trustees may within 30 days review and comment in writing upon the map to the planning commission or governing body. The planning commission or governing body shall take any such comments into consideration before approving the tentative map.
Sec. 30. NRS 278.348 is hereby amended to read as follows:
278.348 In any county whose population is less than 100,000, when any subdivider proposes to subdivide land, any part of which is located within the boundaries of any irrigation district organized pursuant to chapter 539 of NRS, the [county] planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body shall file a copy of the subdividers tentative map with the board of directors of the district. The board of directors shall within 30 days review and comment in writing upon the map to the planning commission or governing body. The planning commission or governing body shall take those comments into consideration before approving the tentative map.
Sec. 31. NRS 278.349 is hereby amended to read as follows:
278.349 1. Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to act finally, shall, by a majority vote of the members present, approve, conditionally approve, or disapprove a tentative map filed [with it] pursuant to NRS 278.330 within 30 days after receipt of the planning commissions recommendations.
2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map within 45 days after the map is filed with the clerk of the governing body.
3. The governing body, or planning commission if it is authorized to act finally on a tentative map, shall consider:
(a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;
κ1993 Statutes of Nevada, Page 2565 (CHAPTER 617, AB 177)κ
(b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;
(c) The availability and accessibility of utilities;
(d) The availability and accessibility of public services such as schools, police [and fire] protection, transportation, recreation and parks;
(e) [General conformity] Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing bodys master plan of streets and highways;
(g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
(h) Physical characteristics of the land such as flood plain, slope and soil; [and]
(i) The recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 [and 278.335.] to 278.348, inclusive; and
(j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands.
4. When the board of trustees of a school district develops a plan for the future construction of one or more schools, it shall notify each city, county or regional planning commission any part of whose territory will be served by a proposed school. The notice must include the grades to be taught, the number of pupils to be accommodated, and the area to be served. The board shall notify each commission of any change in or abandonment of its plan.
5. The governing body or planning commission shall, by a majority vote of the members present, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.
Sec. 32. NRS 278.360 is hereby amended to read as follows:
278.360 1. Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:
[1.] (a) Unless the time is extended, the subdivider shall present to the governing body, or planning commission if it has been authorized to act finally, a final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved, or one of a series of final maps, each covering a portion of the approved tentative map, within 1 year or within successive 1-year periods after the date of approval of the tentative map.
[2.] (b) If the subdivider fails to record a final map for any portion of the tentative map within 1 year after the date of approval of the tentative map, or within 1 year after the date of approval of the most recently recorded final map, all proceedings concerning the subdivision are terminated.
[3.] (c) The governing body or planning commission may grant an extension of not more than 1 year for the presentation of any final map after the 1-year period for presenting the entire final map or next successive final map has expired.
κ1993 Statutes of Nevada, Page 2566 (CHAPTER 617, AB 177)κ
2. If the subdivider is presenting in a timely manner a series of final maps, each covering a portion of the approved tentative map, no requirements other than those imposed on each of the final maps in the series may be placed on the map when an extension of time is granted unless the requirement is directly attributable to a change in applicable laws which affect the public health, safety or welfare.
Sec. 33. NRS 278.372 is hereby amended to read as follows:
278.372 1. The final map must be clearly and legibly drawn in permanent black [waterproof india] ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession . [, but affidavits,] Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the final map with [opaque] permanent black ink.
2. The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.
3. The scale of the final map must be large enough to show all details clearly. The final map must have a sufficient number of sheets to accomplish this end.
4. Each sheet of the final map must indicate its particular number, the total number of sheets in the final map and its relation to each adjoining sheet.
5. The final map must show all surveyed and mathematical information and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including the bearings and distances of straight lines, central angle, radii and arc length for all curves and such information as may be necessary to determine the location of the centers of curves.
6. Each lot must be numbered [in sequence.] or lettered.
7. Each street must be named and each block may be numbered or lettered.
8. The exterior boundary of the land included within the subdivision must be indicated by graphic border.
9. The final map must show the definite location of the subdivision, particularly its relation to surrounding surveys.
10. The final map must show the area of each lot and the total area of the land in the subdivision in the following manner:
(a) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or
(b) In square feet if the area is less than 2 acres.
11. The final map must also satisfy any additional survey and map requirements, including the delineation of Nevada state plane coordinates established pursuant to chapter 327 of NRS, for any corner of the subdivision or any other point prescribed by the local ordinance.
Sec. 34. NRS 278.374 is hereby amended to read as follows:
278.374 1. A final map presented for filing [shall] must include a certificate signed and acknowledged, in the manner provided in section 14 or 15 of [this act, by any] Assembly Bill No. 362 of this session, by each person who is [the] an owner of the land:
κ1993 Statutes of Nevada, Page 2567 (CHAPTER 617, AB 177)κ
(a) Consenting to the preparation and recordation of the final map.
(b) Offering for dedication that part of the land which the person wishes to dedicate for public use, subject to any reservation contained therein.
(c) Reserving any parcel from dedication.
(d) Granting any permanent easement for utility installation or access, as designated on the final map, together with a statement approving such easement, signed by the public utility or person in whose favor the easement is created or whose services are required.
2. A final map of a common-interest community presented for recording and, if required by local ordinance, a final map of any other subdivision presented for recording must include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.
A report accompanying a final map of a common-interest community must also show that there are no liens of record against the common-interest community or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.
(b) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:
(1) The final map; or
(2) A separate document that is filed with the final map and declares his consent to the division of land.
3. For the purpose of this section the following shall be deemed not to be an interest in land : [under this section:]
(a) A lien for taxes or special assessments.
(b) A trust interest under a bond indenture.
[3. Upon the final map presented for filing by a common-interest community, a title company must, and for any other subdivision a local government may by ordinance require a title company to:
(a) Certify that each person signing the final map owns of record an interest in the land and that all of the owners of record of the land have signed the final map; and
(b) List any lien or mortgage holders of record. For a common-interest community, the certificate must show that there are no liens against the common-interest community or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.]
Sec. 35. NRS 278.375 is hereby amended to read as follows:
278.375 A final map presented for filing must include a certificate of the surveyor responsible for the survey. The certificate must be in the following form:
[Surveyors] Surveyors Certificate
I, .........................(Name of Surveyor), a Professional Land Surveyor registered in the State of Nevada, certify that:
κ1993 Statutes of Nevada, Page 2568 (CHAPTER 617, AB 177)κ
1. This [is a true and accurate representation of the lands surveyed] plat represents the results of a survey conducted under my direct supervision at the instance of
(Owner, Trustee, Etc.) .
2. The lands surveyed lie within..............................................................
[(Section(s),] (Section, Township, Range, Meridian and, if required by the governing body, a description by metes and bounds for any subdivision which is divided into lots containing 5 acres in area or less) ,
and the survey was completed on......................... [(date)] (Date).
3. This plat complies with the applicable state statutes and any local ordinances [.] in effect on the date that the governing body gave its final approval.
4. The monuments depicted on the plat are of the character shown , [and] occupy the positions indicated [.] and are of sufficient number and durability.
(OR)
4. The monuments depicted on the plat will be of the character shown and occupy the positions indicated by ........................ [(a] (A day certain) and [that] an appropriate [performance bond has been or] financial guarantee will be posted with the [Governing Body] governing body before recordation to assure [their installation.
........................................................................... .........................................................
date Name of Surveyor,
Registration Number and Seal]
the installation of the monuments.
.............................................. Registration Number and Seal:
(Name of Surveyor)
Sec. 36. NRS 278.377 is hereby amended to read as follows:
278.377 1. A final map presented for filing must include a certificate by:
(a) The health division of the department of human resources [,] or the [local agency] district board of health acting pursuant to NRS 278.335 indicating that the final map is approved concerning sewage disposal, water pollution, water quality and water supply facilities. The health division or [local agency] district board of health may not issue a certificate unless it has received written verification from the division of environmental protection of the state department of conservation and natural resources that the map or plan has been approved with regard to water pollution and sewage disposal in accordance with the Nevada Water Pollution Control Law.
(b) The division of water resources of the state department of conservation and natural resources, showing that the final map is approved concerning water quantity.
κ1993 Statutes of Nevada, Page 2569 (CHAPTER 617, AB 177)κ
2. Any person aggrieved by the issuance or denial of approval with regard to water pollution and sewage disposal by the division of environmental protection of the state department of conservation and natural resources may appeal to the state environmental commission, which shall affirm, modify or reverse the action of the division. The commission shall adopt regulations providing the time within which appeals must be taken and the manner of taking the appeal to the commission.
3. A copy of the certificate by the division of water resources required by subsection 1 must be furnished to the subdivider who in turn shall provide a copy of [such] the certificate to each purchaser of land before the time the sale is completed. Any statement of approval as required in subsection 1 is not a warranty or representation in favor of any person as to the safety or quantity of such water.
Sec. 37. NRS 278.460 is hereby amended to read as follows:
278.460 1. A county recorder shall not file for record any final map unless the map:
(a) Contains or is accompanied by the report of a title company and all the certificates of approval, conveyance and consent required by the provisions of NRS 278.374 to 278.378, inclusive, and by the provisions of any local ordinance.
(b) Is accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
2. Nothing contained in NRS 278.010 to 278.630, inclusive, or sections 19, 20 and 21 of this act, prevents the recording , pursuant to the provisions of NRS 278.010 to 278.630, inclusive, sections 19, 20 and 21 of this act and any applicable local ordinances , of a map of any land which is not a subdivision, nor do NRS 278.010 to 278.630, inclusive, or sections 19, 20 or 21 of this act, prohibit the filing of a map in accordance with the provisions of any statute requiring the filing of professional land surveyors records of surveys.
3. A county recorder shall accept or refuse a final map for recordation within 10 days after its delivery to him.
Sec. 38. NRS 278.461 is hereby amended to read as follows:
278.461 1. [A] Except as otherwise provided in this section, a person who proposes to divide any land for transfer or development into four [or fewer lots shall file a parcel map in the office of the county recorder, unless this requirement is] lots or less shall:
(a) Prepare a parcel map and file the number of copies, as required by local ordinance, of the parcel map with the planning commission or its designated representative or, if there is no planning commission, with the clerk of the governing body; and
(b) Pay a filing fee in an amount determined by the governing body,
unless these requirements are waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
κ1993 Statutes of Nevada, Page 2570 (CHAPTER 617, AB 177)κ
2. If the parcel map is submitted to the clerk of the governing body, he shall submit the parcel map to the governing body at its next regular meeting.
3. A common-interest community consisting of four units or less shall be deemed to be a division of land within the meaning of this section, but need only comply with this section and NRS 278.371, 278.373 to 278.378, inclusive, 278.462, 278.464 and 278.466.
[3.] 4. A parcel map is not required when the division is for the express purpose of:
(a) The creation or realignment of a public right of way by a public agency.
(b) The creation or realignment of an easement.
(c) An adjustment of the boundary line between two abutting parcels or the transfer of land between two owners of abutting parcels , which does not result in the creation of any additional parcels [.] , if such an adjustment is approved pursuant to NRS 278.5692 and is made in compliance with the provisions of NRS 278.5693.
(d) The purchase, transfer or development of space within an apartment building or an industrial or commercial building.
(e) Carrying out an order of any court or dividing land as a result of an operation of law.
[4.] 5. A parcel map is not required for any of the following transactions involving land:
(a) The creation of a lien, mortgage, deed of trust or any other security instrument.
(b) The creation of a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity.
(c) Conveying an interest in oil, gas, minerals or building materials, which [are] is severed from the surface ownership of real property.
(d) Conveying an interest in land acquired by the department of transportation pursuant to chapter 408 of NRS.
(e) Filing a certificate of amendment pursuant to NRS 278.473.
[5.] 6. When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, and sections 19, 20 and 21 of this act, until further divided.
[6.] 7. Unless a method of dividing land is adopted for the purpose or would have the effect of evading this chapter, the provisions for the division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.
Sec. 39. NRS 278.462 is hereby amended to read as follows:
278.462 The governing body [may require:
1. Street] or, if authorized by the governing body, the planning commission or other authorized person:
1. May require street grading, drainage provisions and lot designs as are reasonably necessary . [and, if the governing body]
κ1993 Statutes of Nevada, Page 2571 (CHAPTER 617, AB 177)κ
2. If it anticipates that the parcels will be used for residential , commercial or industrial purposes, [provisions for the supply and quality of water and sewage as are reasonably necessary.
2. Offsite] may require offsite access, street alignment, surfacing and width, water quality, water supply and sewerage provisions as are reasonably necessary and consistent with the existing use of any land zoned for similar use which is within 660 feet of the proposed parcel. If the proposed parcels are less than 1 acre, the governing body or, if authorized by the governing body, the planning commission or other authorized person may require additional improvements which are reasonably necessary and consistent with the use of the land if it is developed as proposed.
3. For a second or subsequent parcel map with respect to [a] :
(a) A single parcel ; or
(b) A contiguous tract of land under the same ownership ,
any reasonable improvement, but not more than would be required if the parcel were a subdivision.
Sec. 40. NRS 278.463 is hereby amended to read as follows:
278.463 [A] Except as otherwise provided in this section, a parcel map [shall] must be based on a survey made for that purpose . [, unless this requirement is waived by the same authority by which the requirement of filing a parcel map may be waived.] The county surveyor, city surveyor or professional land surveyor appointed by the governing body, may pursuant to NRS 278.464 waive the requirement of a survey [may be waived if, in the judgment of the waiving authority,] if, in his judgment, a survey is not required to accomplish the purposes of NRS 278.010 to 278.630, inclusive.
Sec. 41. NRS 278.464 is hereby amended to read as follows:
278.464 1. [The] Except as otherwise provided in subsection 2, if there is a planning commission it shall, within 45 days after receiving a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.
2. If the governing body has authorized the planning commission to act finally on a parcel map, the planning commission shall, within 45 days after receiving the parcel map, approve, conditionally approve or disapprove the map. It shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to act finally and it fails to take action within the 45 days after receiving the parcel map, the parcel map shall be deemed approved.
3. If there is no planning commission or if the governing body has not authorized the planning commission to act finally, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall , within 45 days after the parcel map is submitted to the governing body pursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve, conditionally approve or disapprove [a] the parcel map . [and] Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within 45 days after the parcel map is submitted to the governing body, the parcel map shall be deemed approved.
κ1993 Statutes of Nevada, Page 2572 (CHAPTER 617, AB 177)κ
4. Except as otherwise provided in NRS 278.463, if unusual circumstances exist , a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map . [or survey.
2.] Before waiving the requirement for a parcel map , [or survey,] a determination must be made by the county surveyor [or another] , city surveyor or professional land surveyor appointed by the governing body that a survey is not required.
[3.] Unless the time is extended by mutual agreement , a request for a waiver [or the submission of a parcel map] must be acted upon within [30] 45 days or in the absence of action the waiver shall be deemed approved.
[4.] 5. An applicant aggrieved by a decision of the governing bodys authorized representative or by a final act of the planning commission may appeal to the [planning commission within 30 days and the commission shall render its decision within 45 days after filing of the appeal.
5. If the planning commission denies the appeal, the applicant may appeal to the] governing body within 30 days . [and the] The governing body shall render its decision within 45 days after [filing of the appeal.
6. The approval of] the date the appeal is filed.
6. If a parcel map and the associated [land] division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing bodys designated representative or the chairman of the planning commission.
Sec. 42. NRS 278.466 is hereby amended to read as follows:
278.466 1. The parcel map must be legibly drawn in permanent black [waterproof india] ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for that purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with permanent black ink. The size of each sheet must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
2. A parcel map must indicate the owner of any adjoining land, or any right of way if owned by the person dividing the land.
3. A parcel map must show [the] :
(a) The area of each parcel or lot and the total area of the land to be divided in the following manner:
[(a)] (1) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or
[(b)] (2) In square feet if the area is less than 2 acres.
[4. If a survey is required, the parcel map must show:
(a)] (b) All monuments found, set, reset, replaced or removed, describing their kind, size and location and giving other data relating thereto.
[(b)] (c) Bearing or witness monuments, the basis of bearings, bearing and length of lines and the scale of the map.
[(c)] (d) The name and legal designation of the tract or grant in which the survey is located and any ties to adjoining tracts.
[(d) A memorandum of oaths.
κ1993 Statutes of Nevada, Page 2573 (CHAPTER 617, AB 177)κ
(e) The signature of the surveyor.
(f) The date of the survey.
(g) The signature of the owner or owners of the land to be divided.
(h)] (e) Any easements granted or dedications made.
[(i)] (f) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.
[5. If a survey is not required, the parcel map must show:
(a) By appropriate reference to the existing information on which it is based, the tract to be divided and the resulting lots;
(b) The means of access to the several lots;
(c) The signature of the owner or owners of the land to be divided;
(d) Any easements granted or dedications made; and
(e) Any other data necessary for an intelligent interpretation of the division and the access.
6. If a survey is not required for the preparation of a parcel map, the map must be prepared by a professional land surveyor, but his certificate upon the map may include substantially the following:
This map was prepared from existing information (identifying it and stating where filed or recorded), and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior document.
7.] 4. A parcel map must include:
(a) The memorandum of oaths described in NRS 625.320.
(b) The certificate of the surveyor required pursuant to NRS 278.375.
5. A governing body may by local ordinance require a parcel map to include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.
(b) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a) to the preparation and recordation of the parcel map. A holder of record of a security interest may consent by signing:
(1) The parcel map; or
(2) A separate document that is recorded with the parcel map and declares his consent to the division of land, if the map contains a notation that a separate document has been recorded to this effect.
6. If the requirement for a parcel map is waived, the governing body may specify by local ordinance the type and extent of information or mapping necessary for the division of land . [division.
8.] 7. Reference to the parcel number and recording data of a recorded parcel map is a complete legal description of the land contained in the parcel.
Sec. 43. NRS 278.467 is hereby amended to read as follows:
278.467 1. If the requirement for a parcel map is waived , the authority which granted the waiver may require the preparation and [recording] recordation of a document which contains:
κ1993 Statutes of Nevada, Page 2574 (CHAPTER 617, AB 177)κ
(a) A legal description of all parts based on a system of rectangular surveys;
(b) A provision for the dedication or reservation of any road right of way or easement; and
(c) The approval of the authority which granted the waiver.
2. If a description by metes and bounds is necessary in describing the parcel division, it must be prepared by a professional land surveyor and bear his signature and stamp.
3. The person preparing the document may include the following statement:
This document was prepared from existing information (identifying it and stating where filed and recorded) and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior documents.
4. A document recorded pursuant to this section must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
Sec. 44. NRS 278.468 is hereby amended to read as follows:
278.468 1. [The parcel map filed with] If a parcel map is approved pursuant to NRS 278.464, the preparer of the map shall:
(a) Record the approved map in the office of the county recorder within 1 year after the date the map met all conditions required for approval. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
(b) Pay a $10 fee to the county recorder for filing and indexing.
2. Upon receipt of a parcel map, the county recorder [of any county must be filed] shall file the map in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.
[2. The charge for filing and indexing any parcel map is $10.]
Sec. 45. NRS 278.4713 is hereby amended to read as follows:
278.4713 1. Unless the filing of a tentative map is waived, any person who proposes to make a division of land [must] shall first file a tentative map with the planning commission for the area in which the land is located, or with the clerk of the governing body if there is no planning commission, and a filing fee of no more than $250 set by the governing body.
2. This map must be:
(a) Entitled Tentative Map of Division into Large Parcels; and
(b) Prepared and certified by a professional land surveyor.
3. This map must show:
(a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.
(b) [All] Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.
κ1993 Statutes of Nevada, Page 2575 (CHAPTER 617, AB 177)κ
(c) Any easements for public utilities which exist or which are proposed.
(d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
(e) An indication of any existing road or easement which the owner does not intend to dedicate.
(f) The name and address of the owner of the land.
[4. Each lot must be accessible by road or easement traversable by vehicles suited to the area, unless this requirement is waived by the governing body.]
Sec. 46. NRS 278.472 is hereby amended to read as follows:
278.472 1. After the planning commission or governing body has approved the tentative map or waived the requirement of its filing, or 60 days after the date of its filing, whichever is earlier, the person who proposes to divide the land may file a final map of the division with the governing body or, if authorized by local ordinance, with the planning commission. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
2. This map must be:
(a) Entitled Map of Division into Large Parcels.
(b) Filed with the governing body or planning commission not later than 1 year after the date that the tentative map was first filed with the planning commission or governing body or that the requirement of its filing was waived.
(c) Prepared by a professional land surveyor.
(d) Based upon an actual survey by the preparer and show the date of the survey [or based upon the most recent government survey and show the date of approval of the government survey] and contain [a certificate by the preparer that the parcels contain the number of acres shown for each parcel.] the certificate of the surveyor required pursuant to NRS 278.375.
(e) Clearly and legibly drawn in permanent black [waterproof india] ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for this purpose in the engineering profession . [, but affidavits,] Affidavits, certificates and acknowledgements must be legibly stamped or printed upon the map with [opaque] permanent black ink.
(f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.
(g) Of scale large enough to show clearly all details.
3. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
4. This map must show and define:
(a) All subdivision lots by the number and actual acreage of each lot.
(b) [All] Any roads or easements of access which exist and which the owner intends to offer for dedication, [all] any roads or easements of access which are shown on the applicable master plan and [all] any roads or easements of access which are specially required by the planning commission or governing body.
κ1993 Statutes of Nevada, Page 2576 (CHAPTER 617, AB 177)κ
which are shown on the applicable master plan and [all] any roads or easements of access which are specially required by the planning commission or governing body.
(c) Any easements for public utilities which exist or are proposed.
(d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
Sec. 47. NRS 278.4725 is hereby amended to read as follows:
278.4725 1. [The] Except as otherwise provided in this section, the governing body or planning commission [must] shall approve, conditionally approve or disapprove the final map basing its action upon the requirements of NRS 278.472, within 45 days after its filing. A decision made by the planning commission may be appealed to the governing body by any aggrieved person within 45 days after the action of the planning commission. If the map is disapproved, the governing body or planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of what changes would be necessary to render the map acceptable. [If] Except as otherwise provided in subsection 2, if the governing body or planning commission neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.
2. If the final map divides the land into 16 lots or more, the governing body or planning commission shall not approve a map, and a map shall not be deemed approved, unless:
(a) Each lot contains an access road that is suitable for use by emergency vehicles; and
(b) The corners of each lot are set by a professional land surveyor.
3. If the final map divides the land into 15 lots or less, the governing body may, if reasonably necessary, require the map to comply with the provisions of subsection 2.
4. Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:
(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.
[3.] 5. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by the owner of land consenting to the dedication of the roads and granting of the easements.
(b) A certificate signed by the clerk of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 for action by the governing body or the planning commission has expired [.] and that the requirements of subsection 2 have been met.
(c) A written statement signed by the treasurer of the county in which the land to be divided is located including that all property taxes on the land for the fiscal year have been paid.
6. A governing body may by local ordinance require a final map to include:
κ1993 Statutes of Nevada, Page 2577 (CHAPTER 617, AB 177)κ
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.
(b) The signature of each owner of record of the land to be divided.
(c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:
(1) The final map; or
(2) A separate document that is filed with the final map and declares his consent to the division of land.
7. After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.
[5.] 8. The county recorder shall charge and collect for recording the map a fee of no more than $25 per page set by the board of county commissioners.
Sec. 48. NRS 278.473 is hereby amended to read as follows:
278.473 1. [If] To correct an error or omission [is found in any] in, or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels, or reversionary map [and] , if the correction or amendment does not change or purport to change the physical location of any survey monument, property line or boundary line, [the county surveyor, the governing body or, if authorized by ordinance, the planning commission, may cause a certificate of amendment to be filed and recorded. The] a certificate of amendment must be requested and recorded pursuant to this section.
2. A certificate of amendment may be requested by:
(a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;
(b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city; or
(c) The planning commission if authorized by local ordinance.
3. If a certificate of amendment is requested to correct or amend a record of survey the surveyor who [made] :
(a) Made the survey which is to be amended; or
(b) Is responsible for the error or omission which is to be corrected,
shall prepare and record the certificate of amendment within 90 days after he receives notification [by the county surveyor, the governing body or the planning commission.] of the request made pursuant to subsection 2. If the surveyor is no longer professionally active , [in the county,] the county surveyor , city surveyor or a professional land surveyor appointed by the [board of county commissioners or, if authorized by ordinance, the planning commission,] governing body shall prepare and file the certificate.
[2.] 4. The certificate of amendment must:
(a) Be in the form of a letter addressed to the county surveyor, the city surveyor, a professional land surveyor appointed by the governing body of the city or, if authorized by local ordinance, the planning commission;
κ1993 Statutes of Nevada, Page 2578 (CHAPTER 617, AB 177)κ
(b) Specify the title , legal description and recording date of the document being corrected or amended;
(c) Concisely state the data being [amended] changed and the correction or [omission;] amendment;
(d) Be dated, signed and sealed by the surveyor preparing the certificate; and
(e) Contain the following statement, dated and signed by the county surveyor , city surveyor or a professional land surveyor appointed by the [county] governing body or : [, if authorized by ordinance, the planning commission:]
I hereby certify that I have examined the certificate of amendment and that the changes to the original document specified therein are provided for in applicable sections of NRS 278.010 to 278.630, inclusive, 625.340 to 625.380, inclusive, and local ordinances adopted pursuant thereto, and I am satisfied that this certificate of amendment so amends or corrects the document as to make it technically correct.
[3. If land affected by the certificate of amendment is located within the boundaries of an incorporated city, a copy of the certificate of amendment must be delivered to the city surveyor.
4.] 5. Upon the recording of a certificate of amendment, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the original document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 49. NRS 278.475 is hereby amended to read as follows:
278.475 [If]
1. To correct an error or omission [is found] in any recorded subdivision plat, record of survey, parcel map, map of division into large parcels, or reversionary map, [and] if the correction changes or purports to change the physical location of any survey monument, property line or boundary line, [the county surveyor, the governing body or, if authorized by ordinance, the planning commission, may cause an amended plat, survey or map to be filed and recorded.] an amended plat, survey or map must be requested and recorded pursuant to this section.
2. An amended plat, survey or map, which corrects an error or omission, may be requested by:
(a) The county surveyor to make a correction which affects land located within the boundaries of an unincorporated area or Carson City;
(b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction which affects land located within an incorporated city; or
(c) The planning commission if authorized by local ordinance.
3. Except as otherwise provided in this subsection, a surveyor who performed the survey is responsible for the error or omission which is to be corrected and shall prepare and record the amended plat, survey or map within 90 days after he receives notification of the request made pursuant to subsection 2.
κ1993 Statutes of Nevada, Page 2579 (CHAPTER 617, AB 177)κ
subsection 2. The time within which the surveyor must prepare and record the amended plat, survey or map may be extended by the county surveyor, the governing body of the city or the planning commission. If the surveyor is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the amended plat, survey or map.
Sec. 50. NRS 278.477 is hereby amended to read as follows:
278.477 1. [Any] In addition to the requirements of subsection 2, an amendment of a recorded subdivision plat, parcel map, map of division into large parcels, or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:
(a) If the proposed amendment is to a parcel map, map of division into large parcels, or record of survey, the same procedures and requirements apply as in the original filing.
(b) If the proposed amendment is to a subdivision plat, only those procedures for the approval and filing of a final map . [and the requirements of subsection 2 apply.]
2. Any amended plat, map or survey required pursuant to subsection 1 must:
(a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;
(b) Have the words Amended Plat of prominently displayed on each sheet above the title of the document amended;
(c) Have a blank margin for the county recorders index information;
(d) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorders information and stamp;
(e) Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that a bona fide effort was made to communicate with the necessary persons, that all persons who responded have consented thereto and that the amendment does not adversely affect the persons who did not respond;
(f) Contain a certificate of the professional land surveyor registered pursuant to chapter 625 of NRS who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630, inclusive, and 625.340 to 625.380, inclusive, and with any applicable local ordinance; and
(g) [Contain] For a survey recorded in support of an adjusted boundary, contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he is registered as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS stating that he has examined the document and it is technically correct.
3. Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
κ1993 Statutes of Nevada, Page 2580 (CHAPTER 617, AB 177)κ
Sec. 51. NRS 278.480 is hereby amended to read as follows:
278.480 1. [Any] Except as otherwise provided in subsection 10, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof [must] , shall file a petition in writing with the planning commission or, if there is no planning commission, with the governing body having jurisdiction.
2. If there is a planning commission, it shall report on the petition to the governing body as set forth in NRS 278.240.
3. Whenever any street or easement owned by a city or a county is proposed to be vacated, the governing body shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which must be not less than 10 days and not more than 40 days after the date the notice is first published.
4. Except as provided in subsection 5, if, upon public hearing, the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed.
5. If a utility has an easement over the property, the governing body shall provide in its order for the continuation of that easement.
6. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest., In the event of a partial vacation of a street where the vacation portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
7. If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against any determination of reasonable consideration which did not take into account the public benefit.
κ1993 Statutes of Nevada, Page 2581 (CHAPTER 617, AB 177)κ
8. [Any] If an easement for light and air owned by a city or a county is adjacent to [any vacated] a street vacated under the provisions of this section, the easement is vacated upon the vacation of the street.
9. In any vacation or abandonment of any street owned by a city or a county, or any portion [of it,] thereof, the governing body may reserve and except therefrom any easements, rights or interests therein which the governing body deems desirable for the use of the city or of any public utility.
10. The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.
Sec. 52. NRS 278.490 is hereby amended to read as follows:
278.490 1. Any owner or governing body desiring to revert [or abandon] any recorded subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to [abandon] revert the map or portion thereof shall submit a written application accompanied by a map of the proposed [abandonment or] reversion which contains the same survey dimensions as the recorded map to the governing body or, if authorized by local ordinance, to the planning commission [, for approval.] or other authorized person. The application must describe the requested changes.
2. [The map must contain the appropriate certificates required by NRS 278.374 and 278.376 to 278.4725, inclusive, for the original division of the land, and must be presented to the governing body or, if authorized by ordinance, to the planning commission, for approval. If the map includes the abandonment of any public street or easement, the provisions of NRS 278.480 must be followed before the approval of the map.
3. The final map must be:
(a) Prepared by a professional land surveyor registered pursuant to chapter 625 of NRS. The professional land surveyor shall state in his certificate that the map has been prepared from information on a recorded map that is being abandoned or reverted. The professional land surveyor may state in his certificate that he assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in his certificate, recording information which is sufficient to identify clearly the recorded map being reverted or abandoned.
(b) Clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession, but affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with opaque ink.
4. The size of each sheet of the map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
5. The scale of the map must be large enough to show all details clearly and enough sheets must be used to accomplish this end.
6. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets and its relation to each adjoining sheet must be clearly shown.
κ1993 Statutes of Nevada, Page 2582 (CHAPTER 617, AB 177)κ
7.] At its next meeting, or within a period of not more than 15 days after the filing of the map of reversion, whichever occurs later, the governing body or, if authorized by local ordinance, the planning commission or other authorized person shall review the map and approve, conditionally approve or disapprove it.
3. Except for the provisions of this section , sections 19, 20 and 21 of this act and any provision or local ordinance relating to the payment of fees in conjunction with filing , [or] recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of [abandonment] reversion of a former map or for reversion of any [land] division of land to acreage.
[8.] 4. Upon approval of the map of reversion , [or abandonment,] it must be recorded [by the governing body or, if authorized by ordinance, by the planning commission,] in the office of the county recorder . [and the] The county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 53. NRS 278.5693 is hereby amended to read as follows:
278.5693 1. [If] For a boundary line [is] to be adjusted or for land [is] to be transferred pursuant to paragraph (c) of subsection [3] 4 of NRS 278.461, a professional land surveyor [shall perform] must have performed a field survey, set monuments and [file] filed a record of survey pursuant to NRS 625.340.
2. A record of survey filed pursuant to subsection 1 must contain:
(a) A certificate by the professional land surveyor who prepared the map stating that:
(1) He has performed a field survey sufficient to locate and identify properly the proposed boundary line adjustment;
(2) [That all] All corners and angle points of the adjusted boundary line have been defined by monuments or will be otherwise defined on a document of record as required by NRS 625.340; and
(3) The map is not in conflict with the provisions of NRS 278.010 to 278.630, inclusive [.] , or sections 19, 20 or 21 of this act.
(b) A certificate that is executed and acknowledged by each affected owner of the abutting parcels which states that:
(1) He has examined the plat and approves and authorizes the recordation thereof;
(2) He agrees to execute the required documents creating any easement which is shown;
(3) He agrees to execute the required documents abandoning any existing easement pursuant to the provisions of NRS 278.010 to 278.630, inclusive [;] , or sections 19, 20 and 21 of this act;
(4) All property taxes on the land for the fiscal year have been paid; and
(5) [That any] Any lender with an impound account for the payment of taxes has been notified of the adjustment of the boundary line or the transfer of the land.
κ1993 Statutes of Nevada, Page 2583 (CHAPTER 617, AB 177)κ
(c) A certificate by the governing body or its designated representative approving the adjustment of the boundary line.
Sec. 54. NRS 278.580 is hereby amended to read as follows:
278.580 1. [The] Subject to the limitation set forth in NRS 244.368, the governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures , and may adopt rules, ordinances and regulations for the enforcement of the building code.
2. The governing body may also fix a reasonable schedule of fees for the issuance of building permits. [Schedules] A schedule of fees so fixed [do] does not apply to the State of Nevada and its political subdivisions.
3. [A city building code which has rules, regulations and specifications more stringent than the building code of the county within which the city is located supersedes with respect to the area within a 3-mile limit of the boundaries of the city, any provisions of the building code not consistent therewith.
4. The provisions of subsection 3 do not apply to farm or ranch buildings in existence on March 30, 1959.
5.] Notwithstanding any other provision of law, the state and its political subdivisions [must] shall comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any activity existing on April 23, 1971, and except as otherwise provided in subsection 6.
6. The provisions of this section do not apply to a school district to which the state public works board has delegated its powers and duties under NRS 393.110.
Sec. 55. NRS 278.590 is hereby amended to read as follows:
278.590 1. It is unlawful for any person to contract to sell, to sell or to transfer any subdivision or any part thereof, or land divided pursuant to a parcel map or map of division into large parcels, until the required map thereof, in full compliance with the appropriate provisions of NRS 278.010 to 278.630, inclusive, sections 19, 20 and 21 of this act and any local ordinance, has been recorded in the office of the recorder of the county in which any portion of the subdivision or land divided is located.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor and is liable for a civil penalty of not more than $300 for each lot or parcel sold or transferred.
3. This section does not bar any legal, equitable or summary remedy to which any aggrieved municipality or other political subdivision, or any person, may otherwise be entitled, and any such municipality or other political subdivision or person may file suit in the district court of the county in which any property attempted to be divided or sold in violation of any provision of NRS 278.010 to 278.630, inclusive, or sections 19, 20 or 21 of this act, is located to restrain or enjoin any attempted or proposed division or transfer in violation of those sections.
Sec. 56. NRS 278.600 is hereby amended to read as follows:
278.600 Any county recorder who records a map contrary to the provisions of NRS 278.010 to 278.630, inclusive, of sections 19, 20 or 21 of this act or of any local ordinance adopted pursuant thereto [shall be deemed] is guilty of a misdemeanor.
κ1993 Statutes of Nevada, Page 2584 (CHAPTER 617, AB 177)κ
Sec. 57. NRS 278.630 is hereby amended to read as follows:
278.630 1. When there is no final map, parcel map or map of division into large parcels as required by the provisions of NRS 278.010 to 278.630, inclusive, and sections 19, 20 and 21 of this act, then the county assessor shall determine, as lands are placed upon the tax roll and maps of the county assessors office, any apparent discrepancies with respect to the provisions of NRS 278.010 to 278.630, inclusive, or sections 19, 20 or 21 of this act, and shall report his findings in writing to the governing body of the county or city in which such apparent violation occurs.
2. Upon receipt of the report the governing body shall cause an investigation to be made by the district attorneys office [,] when such lands are within an unincorporated area, or by the city attorney when such lands are within a city, the county recorder and any planning commission having jurisdiction over the lands in question.
3. If the report shows evidence of violation of the provisions of NRS 278.010 to 278.630, inclusive, or sections 19, 20 or 21 of this act, with respect to the division of lands or upon the filing of a verified complaint by any municipality or other political subdivision or person, firm or corporation with respect to violation of the provisions of those sections, the district attorney of each county in this state shall prosecute all such violations in respective counties in which the violations occur.
Sec. 58. NRS 244.3675 is hereby amended to read as follows:
244.3675 Subject to the limitations contained in NRS 244.368, 278.580, 278.582 and 444.340 to 444.430, inclusive, the boards of county commissioners within their respective counties may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.
2. Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. These fees do not apply to the State of Nevada and its political subdivisions.
Sec. 59. NRS 244.368 is hereby amended to read as follows:
244.368 1. A [city] citys building code which has rules, regulations and specifications more stringent than the building code of the county within which [such] the city is located [shall supersede,] supersedes, with respect to the area within the city and within a [3-mile] 1-mile limit outside of the boundaries of [such] the city, any provisions of [such county] the countys building code not consistent therewith.
2. [None of the] The provisions of this section [shall be applicable] do not apply to farm or ranch buildings in existence on March 30, 1959.
Sec. 60. NRS 268.413 is hereby amended to read as follows:
268.413 Subject to the limitations contained in NRS 244.368, 278.580, 278.582 and 444.340 to 444.430, inclusive, the city council or other governing body of an incorporated city may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.
2. Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary.
κ1993 Statutes of Nevada, Page 2585 (CHAPTER 617, AB 177)κ
necessary. These fees do not apply to the State of Nevada and its political subdivisions.
Sec. 61. NRS 361A.031 is hereby amended to read as follows:
361A.031 1. Converted to a higher use means:
[1.] (a) A physical alteration of the surface of the property enabling it to be used for a higher use;
[2.] (b) The recording of a final map or parcel map [, as those terms are defined in NRS 278.010,] which creates one or more parcels not intended for agricultural use;
[3.] (c) The existence of a final map or parcel map [, as those terms are defined in NRS 278.010,] which creates one or more parcels not intended for agricultural use; or
[4.] (d) A change in zoning to a higher use made at the request of the owner.
2. As used in this section:
(a) Final map has the meaning ascribed to it in section 8 of this act.
(b) Parcel map has the meaning ascribed to it in section 13 of this act.
Sec. 62. NRS 540.081 is hereby amended to read as follows:
540.081 NRS 540.061 to 540.091, inclusive, do not apply to:
1. A publicly owned project;
2. A subdivision as defined in NRS 278.320;
3. A parcel map [filed pursuant to] subject to the provisions of NRS 278.461 [;] to 278.469, inclusive;
4. A division of land pursuant to NRS 278.471 to 278.4725, inclusive; or
5. A planned unit development pursuant to chapter 278A of NRS.
Sec. 63. NRS 278.620 is hereby repealed.
Sec. 64. Sections 33, 34 and 53 of this act become effective at 12:01 a.m. on October 1, 1993.
________
Assembly Bill No. 138Assemblymen Bache, Evans, Collins, Price, Chowning, Toomin, Smith, Anderson, Freeman, Garner, Giunchigliani, Regan, Segerblom, Haller, Arberry, Bonaventura, Kenny, Wendell Williams and Schneider
CHAPTER 618
AN ACT relating to traffic laws; revising the provisions regarding speed limits in school zones and school crossing zones; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1993 Statutes of Nevada, Page 2586 (CHAPTER 618, AB 138)κ
Sec. 2. School crossing zone means those sections of streets not adjacent to school property that pupils cross while following a designated walking route to school.
Sec. 3. School zone means those sections of streets which are adjacent to school property.
Sec. 4. NRS 484.013 is hereby amended to read as follows:
484.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.0135 to 484.217, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 484.366 is hereby amended to read as follows:
484.366 1. A person shall not drive a motor vehicle at a speed in excess of 15 miles per hour in an area designated as a school zone [on] :
(a) On a day on which [or during the hours when] school is not in session [.] ;
(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation; or
(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect.
2. A person shall not drive a motor vehicle at a speed in excess of 25 miles per hour in an area designated as a school crossing zone except:
(a) On a day on which school is not in session;
(b) During the period from a half hour after school is no longer in operation to a half hour before school is next in operation; or
(c) If the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect.
3. The governing body of a local government or the department of transportation shall designate school zones and school crossing zones. An area must not be designated as a school zone if imposing a speed limit of 15 miles per hour would be unsafe because of higher speed limits in adjoining areas.
[3.] 4. Each such governing body and the department shall provide signs [for] to mark the beginning and end of each school zone and school crossing zone which it respectively designates.
5. As used in this section, speed limit beacon means a device which is used in conjunction with a sign and equipped with two or more yellow lights that flash alternately to indicate when the speed limit in a school zone or school crossing zone is in effect.
Sec. 6. NRS 268.425 is hereby amended to read as follows:
268.425 The city council or other governing body of each incorporated city, whether incorporated by general or special act, shall cause to be displayed, in each school zone and school crossing zone where the city has posted a speed limit, signs or other devices designating the hours of the day or night or both during which the [school zone] speed limit in the zone is to apply.
κ1993 Statutes of Nevada, Page 2587 (CHAPTER 618, AB 138)κ
Sec. 7. NRS 269.185 is hereby amended to read as follows:
269.185 1. In addition to the powers and jurisdiction conferred upon the town boards or boards of county commissioners by this chapter, such boards [shall have the power:
(a) To regulate] may:
(a) Regulate traffic upon the streets and alleys of towns or cities governed by such boards pursuant to this chapter.
(b) [To regulate] Regulate the speed, parking, stopping, turning and operation of all motor vehicles and other vehicles using the streets and alleys.
(c) [To pass] Pass and adopt all ordinances, rules and regulations, and do and perform all acts and things necessary for the execution of the powers and jurisdiction conferred by this section . [conferred.]
2. The town board or board of county commissioners shall cause to be displayed, in each school zone and school crossing zone where the county has posted a speed limit, signs or other devices designating the hours of the day or night or both during which the [school zone] speed limit in the zone is to apply.
Sec. 8. 1. This act becomes effective on July 1, 1993.
2. Each local government and the department of transportation, as applicable, shall replace any nonconforming existing sign with a conforming sign on or before July 1, 1994.
________
Assembly Bill No. 4Assemblymen Price, Myrna Williams, Neighbors, Collins, Spitler, Humke, Dini, Gibbons, Kenny, Chowning, Scherer, McGaughey, Porter, Ernaut, Heller, Bennett, Schneider, Augustine, Hettrick, Petrak, Bonaventura, Carpenter, Segerblom, Arberry, Marvel, Gregory, Giunchigliani, Wendell Williams, Lambert, Freeman, Regan, Bache, Smith, Perkins, Tiffany, de Braga, Evans, Anderson, Garner and Toomin
CHAPTER 619
AN ACT relating to lobbying; requiring a lobbyist to provide certain additional information in his registration statement and in monthly reports concerning his lobbying activities; clarifying certain provisions for the purposes of the statutes governing lobbying; authorizing an audit or investigation to verify compliance with these requirements; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.908 is hereby amended to read as follows:
218.908 1. Gift means a payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of value unless consideration of equal or greater value is received.
2. Gift does not include a political contribution of money or services related to a political campaign, a commercially reasonable loan made in the ordinary course of business, cost of entertainment , including the cost of food or beverages, or anything of value received from a member of the recipients immediate family or from a relative of the recipient or his spouse within the third degree of consanguinity or from the spouse of any such relative.
κ1993 Statutes of Nevada, Page 2588 (CHAPTER 619, AB 4)κ
ordinary course of business, cost of entertainment , including the cost of food or beverages, or anything of value received from a member of the recipients immediate family or from a relative of the recipient or his spouse within the third degree of consanguinity or from the spouse of any such relative.
Sec. 2. NRS 218.920 is hereby amended to read as follows:
218.920 The registration statement of a lobbyist must contain the following information:
1. The registrants full name, permanent address, place of business and temporary address while lobbying.
2. The full name and complete address of each person, if any, by whom the registrant is retained or employed or on whose behalf the registrant appears.
3. A listing of any direct business associations or partnerships [with] involving any current member of the legislature [.
4.] and the registrant or any person by whom the registrant is retained or employed. The listing must include any such association or partnership constituting a source of income or involving a debt or interest in real estate required to be disclosed in a statement of financial disclosure made by a candidate or a public or judicial officer pursuant to NRS 281.571.
4. The name of any current member of the legislature for whom:
(a) The registrant; or
(b) Any person by whom the registrant is retained or employed,
has, in connection with a political campaign of the legislator, provided consulting, advertising or other professional services since the beginning of the preceding regular legislative session.
5. A description of the principal areas of interest on which the registrant expects to lobby.
[5.] 6. If the registrant lobbies or purports to lobby on behalf of members, a statement of the number of members.
[6.] 7. A declaration under penalty of perjury that none of the registrants compensation or reimbursement is contingent, in whole or in part, upon the production of any legislative action.
Sec. 3. NRS 218.926 is hereby amended to read as follows:
218.926 1. Each registrant shall file with the director within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning his lobbying activities. In addition, each registrant shall file with the director between the 1st and 10th day of the month after each month that the legislature is in session a report concerning his lobbying activities during the previous month, whether or not any expenditures were made. Each report must be on a form prescribed by the director and must include the total expenditures, if any, made by the registrant on behalf of a legislator [,] or an organization whose primary purpose is to provide support for legislators of a particular political party and house, including expenditures made by others on behalf of the registrant if the expenditures were made with the registrants express or implied consent or were ratified by the registrant. Except as otherwise provided in this subsection, the report must identify each legislator and each organization whose primary purpose is to provide support for legislators of a particular political party and house on whose behalf expenditures were made and, if subsection 2 is applicable, must be itemized with respect to each such legislator and organization in the manner required by that subsection.
κ1993 Statutes of Nevada, Page 2589 (CHAPTER 619, AB 4)κ
be itemized with respect to each such legislator and organization in the manner required by that subsection. An expenditure on behalf of a person other than a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house need not be reported pursuant to this section unless the expenditure is made for the benefit of a legislator or such an organization.
2. If [his] expenditures made by or on behalf of a registrant during the previous month exceed $50, the report must include a compilation of expenditures, itemized in the manner required by the regulations of the legislative commission, in the following categories:
(a) Entertainment;
(b) Expenditures made in connection with a party or similar event hosted by the organization represented by the registrant;
(c) Gifts and loans [;] , including money, services and anything of value provided to a legislator, to an organization whose primary purpose is to provide support for legislators of a particular political party and house, or to any other person for the benefit of a legislator or such an organization; and
(d) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.
3. The legislative commission may authorize an audit or investigation by the legislative auditor that is proper and necessary to verify compliance with the provisions of this section. A lobbyist shall make available to the legislative auditor all books, accounts, claims, reports, vouchers and other records requested by the legislative auditor in connection with any such audit or investigation. The legislative auditor shall confine his requests for such records to those which specifically relate to the lobbyists compliance with the reporting requirements of this section.
Sec. 4. NRS 218.932 is hereby amended to read as follows:
218.932 1. The legislative commission shall adopt regulations to carry out the provisions of NRS 218.900 to 218.944, inclusive, may require fees for registration, payable into the legislative fund, and may classify lobbyists for this purpose.
2. The director shall:
(a) Prepare and furnish forms for the statements and reports required to be filed.
(b) Prepare and publish uniform methods of accounting and reporting to be used by persons required to file such statements and reports [.] , including guidelines for complying with the reporting requirements of NRS 218.900 to 218.944, inclusive.
(c) Accept and file any information voluntarily supplied that exceeds the requirements of NRS 218.900 to 218.944, inclusive.
(d) Develop a filing, coding and cross-indexing system consistent with the purposes of NRS 218.900 to 218.944, inclusive.
(e) Make the statements and reports available for public inspection during regular office hours.
(f) Preserve the statements and reports for a period of 5 years from the date of filing.
κ1993 Statutes of Nevada, Page 2590 (CHAPTER 619, AB 4)κ
(g) Compile and keep current an alphabetical list of registrants, including their address, the name and address of each person for whom the registrant is lobbying and the principal areas of interest on which he expects to lobby. A copy of the list must be furnished to each legislator, to the clerks of the respective counties for preservation and public inspection, and to any person who requests a copy and pays the cost of reproduction.
________
Senate Bill No. 559Committee on Finance
CHAPTER 620
AN ACT relating to welfare; revising the statute governing the qualifications of members of the legislative committee on health care; requiring the legislative committee on health care to conduct a study to develop a coordinated care system for recipients of Medicaid; directing the department of human resources to establish such a program; prescribing the purposes of the program; and providing other matters properly relating thereto.
[Approved July 13, 1993]
whereas, The legislative committee on health care provides continuous oversight of matters relating to health care; and
whereas, It is important to encourage participation on the legislative committee on health care of persons with the appropriate experience and knowledge of matters relating to health care; and
whereas, The cost for medical care coverage for Medicaid-eligible patients is increasing at a rapid and unpredictable rate; and
whereas, The number of Medicaid-eligible patients is also increasing at a rapid and unpredictable rate; and
whereas, The need for health care reform is a national concern and the State of Nevada desires to be on the forefront of such reform; and
whereas The University of Nevada School of Medicine has 10 years of important and successful experience in a coordinated care program that currently serves 25 percent of the states recipients of Aid to Families with Dependent Children; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439B.200 is hereby amended to read as follows:
439B.200 1. There is hereby established a legislative committee on health care consisting of three members of the senate and three members of the assembly, appointed by the legislative commission. The members must be appointed with appropriate regard for their experience with and knowledge of matters relating to health care.
2. No member of the committee may:
(a) Have a financial interest in a health facility in this state;
(b) Be a member of a board of directors or trustees of a health facility in this state;
κ1993 Statutes of Nevada, Page 2591 (CHAPTER 620, SB 559)κ
(c) Hold a position with a health facility in this state in which the legislator exercises control over any policies established for the health facility; or
(d) Receive a salary or other compensation from a health facility in this state.
[This subsection does not prohibit]
3. The provisions of subsection 2 do not:
(a) Prohibit a member of the committee from selling goods which are not unique to the provision of health care to a health facility if the member primarily sells such goods to persons who are not involved in the provision of health care.
[3.] (b) Prohibit a member of the legislature from serving as a member of the committee if:
(1) The financial interest, membership on the board of directors or trustees, position held with the health facility or salary or other compensation received would not materially affect the independence of judgment of a reasonable person; and
(2) Serving on the committee would not materially affect any financial interest he has in a health facility in a manner greater than that accruing to any other person who has a similar interest.
4. The legislative commission shall select the chairman and vice chairman of the committee from among the members of the committee. Each such officer shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. The chairmanship of the committee must alternate each biennium between the houses of the legislature.
[4.] 5. Any member of the committee who does not return to the legislature continues to serve until the next session of the legislature convenes.
[5.] 6. Vacancies on the committee must be filled in the same manner as original appointments.
[6.] 7. The committee shall report annually to the legislative commission concerning its activities and any recommendations.
Sec. 2. 1. The legislative committee on health care shall conduct a study to evaluate and develop a mandatory coordinated care medical system for all persons covered by the State of Nevadas Medicaid program. The study must include:
(a) An evaluation of the systems available to provide medical care to recipients of Medicaid;
(b) A review of the sources of available funding for a coordinated care system and the various methods of compensating providers of health care;
(c) An evaluation of the methods of containing the costs of providing medical care to recipients of Medicaid;
(d) The impact that a coordinated care medical system may have on the revenue received from the tax on hospitals imposed pursuant to NRS 422.383 and an analysis of the methods that may be used to replace lost revenues, if any; and
(e) The committees recommendations for establishing a mandatory coordinated care program by July 1, 1995, to serve persons participating in the states Medicaid program.
2. The legislative committee on health care shall:
κ1993 Statutes of Nevada, Page 2592 (CHAPTER 620, SB 559)κ
(a) Report its recommendations to the governor and the department of human resources on or before July 1, 1994; and
(b) Submit quarterly reports to the interim finance committee concerning the progress of its study, its recommendations for establishing a coordinated care program and the implementation of the demonstration project and coordinated care program established pursuant to subsection 3.
3. The department of human resources shall, with the consent of the interim finance committee:
(a) Seek all necessary approvals and waivers and establish and conduct a demonstration project pursuant to section 1115 of the Social Security Act, 42 U.S.C. § 1315, in compliance with those recommendations of the legislative committee on health care that are approved by the governor. The purposes of the demonstration project must be to:
(1) Reduce the rate of growth in the overall costs of medical care over the long term;
(2) Improve access to primary and preventative health care for the Medicaid population;
(3) Institute health education programs for the Medicaid population; and
(4) Mainstream the Medicaid population into a coordinated care program with a balance of public and private members;
(b) Establish a mandatory coordinated care program not later than July 1, 1995; and
(c) Enroll all recipients of Aid to Families with Dependent Children upon the commencement of the program, with phased-in enrollment of the Aged, Blind and Disabled populations by the end of the second year of the program.
4. The coordinated care program established pursuant to subsection 3 must include participation by the University of Nevada School of Medicine in the development and implementation of the program, as well as in the delivery of services. The department of human resources shall cooperate with the University of Nevada School of Medicine to assist in the provision of an adequate and diverse patient population on which the school can base educational programs, including programs that support the education of generalist physicians. The University of Nevada School of Medicine may establish a nonprofit organization to assist in the research necessary for the program, receive and accept gifts, grants and donations to support the program and assist in establishing educational services for patients.
5. The director of the department of human resources shall report to the interim finance committee and the legislative committee on health care quarterly concerning the demonstration project and the coordinated care program established pursuant to this section.
6. As used in this section, Medicaid means the program established pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.) to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 2593κ
Senate Bill No. 555Committee of Commerce and Labor
CHAPTER 621
AN ACT relating to insurance; clarifying that persons who provide coverage for the cost of ambulance services are subject to regulation by the commissioner of insurance; exempting nonprofit corporations that provide prepaid ambulance services from regulation by the commissioner of insurance under certain circumstances; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 685B.120 is hereby amended to read as follows:
685B.120 1. Any person who provides coverage in this state for the cost of:
[1.] (a) Medical care;
[2.] (b) Surgery;
[3.] (c) Chiropractic;
[4.] (d) Physical therapy;
[5.] (e) Speech pathology;
[6.] (f) Audiology;
[7.] (g) Professional care of mental health;
[8.] (h) Dental care;
[9.] (i) Hospital care; [or
10.] (j) Ophthalmic care [,] ; or
(k) Ambulance services,
whether the coverage provides for direct payment, reimbursement or any other method of payment, is subject to regulation by the department and to the provisions of this code unless he shows that while providing such coverage he is subject to regulation by the Federal Government.
2. A nonprofit corporation that provides prepaid ambulance services in not subject to regulation by the department or to the provisions of this code if the corporation presents evidence satisfactory to the commissioner that the corporation is subject to regulation by a political subdivision of this state pursuant to an exclusive franchise which limits the number of times any such prepaid services may be used to a defined number that are medically necessary.
Sec. 2. NRS 685B.140 is hereby amended to read as follows:
685B.140 Any person who is unable to show, upon request by the commissioner, that he is subject to regulation by an agency of the Federal Government or, if he is providing prepaid ambulance services, by a political subdivision of this state pursuant to an exclusive franchise, shall submit to an examination by the commissioner to determine the organization and solvency of the person and to determine whether he is in compliance with the applicable provisions of this code.
________
κ1993 Statutes of Nevada, Page 2594κ
Senate Bill No. 522Committee on Commerce and Labor
CHAPTER 622
AN ACT relating to health care; prohibiting certain providers of health care under specified circumstances from referring a patient to a health care facility in which the provider of health care has a financial interest; providing a penalty; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, a practitioner shall not refer a patient, for a service or for goods related to health care, to a health facility, medical laboratory or commercial establishment in which the practitioner has a financial interest.
2. Subsection 1 does not apply if:
(a) The service or goods required by the patient are not otherwise available within a 30-mile radius of the office of the practitioner;
(b) The service or goods are provided pursuant to a referral to a practitioner who is participating in the health care plan of a health maintenance organization that has been issued a certificate of authority pursuant to chapter 695C of NRS;
(c) The practitioner is a member of a group practice and the referral is made to that group practice;
(d) The referral is made to a surgical center for ambulatory patients, as defined in NRS 449.019, that is licensed pursuant to chapter 449 of NRS;
(e) The referral is made by a urologist for lithotripsy services; or
(f) The financial interest represents an investment in securities under the Securities Exchange Act of 1934 (15 U.S.C. §§ 78a et seq.) in a corporation that has shareholder equity of more than $100,000,000.
3. A person who violates the provisions of this section is guilty of a misdemeanor.
4. As used in this section:
(a) Group practice means two or more practitioners who organized as a business entity in accordance with the laws of this state to provide services related to health care, if:
(1) Each member of the group practice provides substantially all of the services related to health care that he routinely provides, including, without limitation, medical care, consultations, diagnoses and treatment, through the joint use of shared offices, facilities, equipment and personnel;
(2) Substantially all of the services related to health care that are provided by the members of the group practice are provided through the group practice, the filings for those services are issued in the name of the group practice and the compensation received for those services is treated as being received by the group practice;
κ1993 Statutes of Nevada, Page 2595 (CHAPTER 622, SB 522)κ
(3) No member of the group practice receives compensation based on the volume or value of the patients referred to the group practice by that member; and
(4) All services related to health care that are offered by the group practice are provided within the confines of a central building or group of buildings that are located on one parcel of land.
(b) Patient means a person who consults with or is examined or interviewed by a practitioner or health facility for purposes of diagnosis or treatment.
Sec. 2. NRS 439B.420 is hereby amended to read as follows:
439B.420 1. A hospital or related entity shall not establish a rental agreement with a physician or entity that employs physicians that requires any portion of his medical practice to be referred to the hospital or related entity.
2 [No] The rent required of a physician or entity which employs physicians by a hospital or related entity [may] must not be less than 75 percent of the rent for comparable office space leased to another physician or other lessee in the building, or in a comparable building owned by the hospital or entity.
3. A hospital or related entity shall not pay any portion of the rent of a physician or entity which employs physicians within facilities not owned or operated by the hospital or related entity, unless the resulting rent is no lower than the highest rent for which the hospital or related entity rents comparable office space to other physicians.
4. [No] A health facility [may] shall not offer any provider of medical care any financial inducement, excluding rental agreements subject to the provisions of subsection 2 or 3, whether in the form of immediate, delayed, direct or indirect payment to induce the referral of a patient or group of patients to the health facility. This subsection does not prohibit bona fide gifts under $100, or reasonable promotional food or entertainment.
5. The provisions of subsections 1 to 4, inclusive, do not apply to hospitals in a county whose population is less than 35,000.
6. A hospital, if acting as a billing agent for a medical practitioner performing services in the hospital, [must] shall not add any charges to the practitioners bill for services other than a charge related to the cost of processing the billing.
7. [No] A hospital or related entity [may] shall not offer any financial inducement to an officer, employee or agent of an insurer, a person acting as an insurer or self-insurer or a related entity. A person shall not accept such offers. This subsection does not prohibit bona fide gifts of under $100 in value, or reasonable promotional food or entertainment.
8. A hospital or related entity shall not sell goods or services to a physician unless the costs for such goods and services are at least equal to the cost for which the hospital or related entity pays for the goods and services.
9. [A] Except as otherwise provided in this subsection, a practitioner or health facility shall not refer a patient to a health facility or service in which the referring party has a financial interest unless the [practitioner or health facility] referring party first discloses the interest [.] to the patient. This subsection does not apply to practitioners subject to the provisions of section 1 of this act.
κ1993 Statutes of Nevada, Page 2596 (CHAPTER 622, SB 522)κ
subsection does not apply to practitioners subject to the provisions of section 1 of this act.
10. The director may, at reasonable intervals, require a hospital or related entity or other party to an agreement to submit copies of operative contracts subject to the provisions of this section after notification by registered mail. The contracts must be submitted within 30 days after receipt of the notice. Contracts submitted pursuant to this subsection are confidential, except in cases in which an action is brought pursuant to subsection 11.
11. A person who willfully violates any provision of this section is liable to the State of Nevada for:
(a) A civil penalty in an amount of not more than $5,000 per occurrence, or 100 percent of the value of the illegal transaction, whichever is greater.
(b) Any reasonable expenses incurred by the state in enforcing this section. Any money recovered pursuant to this subsection as a civil penalty must be deposited in a separate account in the state general fund and used for projects intended to benefit the residents of this state with regard to health care. Money in the account may only be withdrawn by act of the legislature.
12. As used in this section, related entity means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 630.305 is hereby amended to read as follows:
630.305 The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
1. Directly or indirectly receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation which is intended or tends to influence the physicians objective evaluation or treatment of a patient.
2. Dividing a fee between licensees except where the patient is informed of the division of fees and the division of fees is made in proportion to the services personally performed and the responsibility assumed by each licensee.
3. Referring , in violation of section 1 of this act, a patient to [any] a health facility, medical laboratory or commercial establishment in which the licensee has a financial interest . [unless the laboratory is operated solely in connection with the diagnosis and treatment of his own patients.]
4. [Referring an injured employee to a health facility in which the licensee has a financial interest unless he first discloses that interest pursuant to NRS 616.690.
5.] Charging for visits to the physicians office which did not occur or for services which were not rendered or documented in the records of the patient.
[6.] 5. Aiding, assisting, employing or advising, directly or indirectly, any unlicensed person to engage in the practice of medicine contrary to the provisions of this chapter or the regulations of the board.
[7.] 6. Delegating responsibility for the care of a patient to a person when the licensee knows, or has reason to know, that this person is not qualified to undertake that responsibility.
[8.] 7. Failing to disclose to a patient any financial or other conflict of interest.
κ1993 Statutes of Nevada, Page 2597 (CHAPTER 622, SB 522)κ
Sec. 5. NRS 630.352 is hereby amended to read as follows:
630.352 1. Any member of the board, except for an advisory member serving on a panel of the board hearing charges, may participate in the final order of the board. If the board, after a formal hearing, determines from clear and convincing evidence [,] that a violation of the provisions of this chapter or of the regulations of the board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.
2. If the board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed. If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the board may provide the physician with a copy of the complaint, including the name of the person, if any, who filed the complaint.
3. Except as otherwise provided in subsection 4, if the board finds that a violation has occurred, it may by order:
(a) Place the person on probation for a specified period on any of the conditions specified in the order;
(b) Administer to him a public reprimand;
(c) Limit his practice or exclude one or more specified branches of medicine from his practice;
(d) Suspend his license for a specified period or until further order of the board;
(e) Revoke his license to practice medicine;
(f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;
(g) Require supervision of his practice;
(h) Impose a fine not to exceed $5,000;
(i) Require him to perform public service without compensation;
(j) Require him to take a physical or mental examination or an examination testing his competence; and
(k) Require him to fulfill certain training or educational requirements.
4. If the board finds that the physician has violated the provisions of [NRS 616.690, it] section 1 of this act, the board shall suspend his license for a specified period or until further order of the board.
Sec. 6. NRS 634.140 is hereby amended to read as follows:
634.140 The grounds for initiating disciplinary action pursuant to this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(b) A felony;
(c) A violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of [this act;] Senate Bill No. 316 of this session; or
(d) Any offense involving moral turpitude.
κ1993 Statutes of Nevada, Page 2598 (CHAPTER 622, SB 522)κ
3. Suspension or revocation of the license to practice chiropractic by any other jurisdiction.
4. Gross or repeated malpractice.
5. Referring [an injured employee] , in violation of section 1 of this act, a patient to a health facility , medical laboratory or commercial establishment in which the licensee has a financial interest . [unless he first discloses that interest pursuant to NRS 616.690.]
Sec. 7. NRS 634.190 is hereby amended to read as follows:
634.190 1. The person charged is entitled to a hearing before the board, but the failure of the person charged to attend his hearing or his failure to defend himself does not delay or void the proceedings. The board may, for good cause shown, continue any hearing from time to time.
2. If the board finds the person guilty as charged in the complaint, it may by order:
(a) Place the person on probation for a specified period or until further order of the board.
(b) Administer to the person a public or private reprimand.
(c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of chiropractic.
(d) Suspend the license of the person to practice chiropractic for a specified period or until further order of the board.
(e) Revoke the license of the person to practice chiropractic.
(f) Impose a fine of not more than $10,000, which must be deposited with the state treasurer for credit to the state general fund.
(g) Require the person to pay all costs incurred by the board relating to the discipline of the person.
The order of the board may contain such other terms, provisions or conditions as the board deems proper and which are not inconsistent with law.
3. If the board finds that a licensee has violated the provisions of [NRS 616.690, it] section 1 of this act, the board shall suspend his license for a specified period or until further order of the board.
Sec. 8. NRS 652.235 is hereby amended to read as follows:
652.235 1. A licensed physician may operate a medical laboratory solely in connection with the diagnosis or treatment of his own patients if the medical laboratory complies with the provisions of this section.
2. Each such medical laboratory shall:
(a) Register with the health division of the department of human resources.
(b) Comply with the rules and regulations adopted by the board pursuant to NRS 652.130.
(c) Submit to the inspections and tests provided for in subsections 1 and 2 of NRS 652.140.
[3. A licensed physician shall not refer a patient to a medical laboratory in which the physician has a financial interest unless it is operated solely in connection with the diagnosis or treatment of his own patients.]
Sec. 9. NRS 616.690 and sections 206.5, 246.5, 250.5, 260.5 and 282.5 of Section Bill No. 316 of this session are hereby repealed.
Sec. 10. 1. This section and section 9 of this act become effective at 11:59 p.m. on September 30, 1993.
κ1993 Statutes of Nevada, Page 2599 (CHAPTER 622, SB 522)κ
2. Sections 1 to 6, inclusive, and 8 become effective on October 1, 1993.
3. Section 7 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
Senate Bill No. 497Senators Lowden, James, Smith, Rawson, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, McGinness, Neal, Raggio, Shaffer, Titus and Townsend
CHAPTER 623
AN ACT relating to veterans; providing for the issuance of special license plates in support of a veterans home; establishing an account for the construction, operation and maintenance of a veterans home; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 417 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The veterans home account is hereby established in the state general fund.
2. The account must be administered by the commissioner, with the advice of the deputy commissioner and the Nevada veterans advisory commission, and expended for the construction, operation and maintenance of a veterans home for the benefit of veterans from all the counties of the state.
3. Any money remaining in the account at the end of each fiscal year does not lapse to the state general fund, but must be carried over into the next fiscal year.
4. All money in the account must be paid out on claims approved by the commissioner as other claims against the state are paid.
Sec. 2. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. Before the department issues to any person, pursuant to section 4 of this act:
(a) An initial set of special license plates, it shall collect a special fee for a veterans home in the amount of $25.
(b) An annual renewal sticker, it shall collect a special fee for a veterans home in the amount of $20.
2. The department shall deposit any money collected pursuant to this section with the state treasurer for credit to the veterans home account.
Sec. 4. 1. The director shall order the preparation of special license plates in support of a veterans home, and establish procedures for the application for and issuance of the plates.
2. The department shall, upon application therefor and payment of the prescribed fees, issue special license plates in support of a veterans home to any veteran of the Armed Forces of the United States or his spouse, parent or child.
κ1993 Statutes of Nevada, Page 2600 (CHAPTER 623, SB 497)κ
child. The plates must be inscribed with the word VETERAN and four consecutive numbers, and with the seal of the branch of the Armed Forces of the United States requested by the applicant.
3. If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.
4. In addition to all other applicable registration and license fees and motor vehicle privilege taxes, and to the special fee for a veterans home, the fee for:
(a) The initial issuance of the special license plates is $35.
(b) The annual renewal sticker is $10.
5. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $10.
Sec. 5. NRS 482.2705 is hereby amended to read as follows:
482.2705 1. The director shall order the preparation of vehicle license plates for passenger cars and trucks in the same manner as is provided for motor vehicles generally in NRS 482.270.
2. Every license plate assigned to a passenger car or truck must contain:
(a) A space for the name of a county or other identification; and
(b) Except as otherwise provided by [NRS 482.379,] specific statute, a designation which consists of a group of three numerals followed by a group of three letters.
3. Any license plate issued for a passenger car or truck before January 1, 1982, bearing a designation which is not in conformance with the system described in subsection 2 is valid during the period for which the plate was originally issued as well as during any annual extensions by stickers.
________
κ1993 Statutes of Nevada, Page 2601κ
Senate Bill No. 398Committee on Commerce and Labor
CHAPTER 624
AN ACT relating to the disposition of the remains of the dead; authorizing the state board of funeral directors and embalmers to regulate cremation; revising the name, duties and membership of the board; requiring funeral directors and embalmers to make certain documents available for inspection; revising the requirements of applicants for funeral directors licenses; authorizing the issuance of a license to conduct direct cremations and immediate burials; providing a penalty; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 451 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 25, inclusive, of this act.
Sec. 2. As used in sections 2 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Agent means, with respect to a particular deceased person, a person authorized to order the cremation of his human remains.
Sec. 4. Communicable disease has the meaning ascribed to it in NRS 441A.040.
Sec. 5. Container means a vessel, whether or not a casket, in which human remains are placed for cremation.
Sec. 6. Human remains means the body of a deceased person, or part of the body which has been removed from a living person, in any stage of decomposition.
Sec. 7. Operator of a crematory means the person licensed to conduct its business.
Sec. 8. Urn means a vessel in which cremated remains can be placed and which can be closed to prevent leaking or spilling of the remains or the entrance of foreign material.
Sec. 9. 1. No person may cremate human remains except in a crematory whose operator is licensed by the state board of funeral directors, embalmers and operators of cemeteries and crematories.
2. The board shall prescribe and furnish forms for application for licensing. An application must be in writing and contain:
(a) The name and address of the applicant and the location or proposed location of the crematory;
(b) A description of the structure and equipment to be used in operating the crematory; and
(c) Any further information that the board may reasonably require.
3. An application must be signed by the applicant personally, by one of the partners if the applicant is a partnership, or by an authorized officer if the applicant is a corporation or other form of business organization.
4. The board shall examine the structure and equipment and shall issue the license if it appears that the proposed operation will meet the requirements of sections 2 to 25, inclusive, of this act.
κ1993 Statutes of Nevada, Page 2602 (CHAPTER 624, SB 398)κ
5. If the ownership of a crematory is to be changed, the proposed operator shall apply for licensing at least 30 days before the change.
Sec. 10. The state board of funeral directors, embalmers and operators of cemeteries and crematories:
1. Shall adopt regulations for the administration of sections 2 to 25, inclusive, of this act. Unless governed by regulation of the state board of health, the regulations must include conditions under which the remains of a person who has died from a communicable or otherwise dangerous disease may be transported to a crematory for cremation. The regulations must include minimum standards for sanitation, required equipment and protection from fire.
2. May bring legal proceedings to enjoin any person who violates any provisions of sections 2 to 25, inclusive, of this act, or any regulation adopted pursuant to this section from operating a crematory. Any person who is so enjoined is liable to the board for attorneys fees and court costs.
Sec. 11. 1. A cemetery or funeral home may erect and conduct a crematory if licensed as the operator.
2. A crematory may be erected on or adjacent to the premises of a cemetery or funeral establishment if the location is zoned for commercial or industrial use, or at any other location where the local zoning permits. A crematory must conform to all local building codes and environmental standards.
3. The operator of a crematory may contract with or employ a licensed funeral director to:
(a) Deal with the public in arranging for cremations;
(b) Transport human remains to the crematory; or
(c) Distribute, fill out or obtain the return of necessary papers.
This subsection does not require the performance of any act by a licensed funeral director unless other law requires that such an act be performed only by him.
Sec. 12. 1. The following persons, in the following order of priority, may order the cremation of human remains of a deceased person:
(a) The surviving spouse;
(b) The adult children jointly;
(c) The living parents jointly; or
(d) The decedents guardian or personal representative.
2. If the deceased person was an indigent or other person for the final disposition of whose remains a county or the state is responsible, the appropriate public officer may order cremation of the remains and provide for the respectful disposition of the cremated remains.
3. If the deceased person donated his body for scientific research or, before his death, a medical facility was made responsible for his final disposition, a representative of the scientific institution or medical facility may order cremation of his remains.
4. A living person may order the cremation of human remains removed from his body or the cremation of his body after his death. In the latter case, any person acting pursuant to his instructions is an authorized agent.
Sec. 13. 1. A prepaid contract for services to be rendered upon the death of a beneficiary which includes cremation must specify the disposition of the cremated remains, and that portion of the contract must be initialed by the person paying for the services.
κ1993 Statutes of Nevada, Page 2603 (CHAPTER 624, SB 398)κ
cremated remains, and that portion of the contract must be initialed by the person paying for the services. If no additional or different instructions are given by the agent at the time of the beneficiarys death, the operator of a crematory may dispose of the remains as specified. Upon that disposition, the operator has no further liability with respect to the remains.
2. A person may order his own cremation and the disposition of his own cremated remains. The order must be signed by him and by two witnesses. The order may designate the crematory. A copy of the order must be retained by the signer and a copy sent to the crematory if designated. The signer may revoke the order or change the designation of the crematory, and must provide written notice of the action to the operator of the crematory if designated.
3. When a person who has ordered his own cremation dies, a person in possession of the order and a person charged with arranging for disposition of the decedents body who is aware of the order shall use their best efforts to ensure that the decedent is cremated, and the cremated remains are disposed of, according to the order.
4. If a completed order for cremation, executed before death, and the human remains to which it pertains are in the possession of the operator of a crematory, and he has received payment for the cremation and the disposition of the cremated remains, he shall perform those acts as ordered and incurs no liability by their performance.
Sec. 14. 1. The operator of a crematory shall not cremate human remains until a death certificate has been signed and, except as otherwise provided in section 13 of this act, without first receiving a written authorization, on a form provided by the operator, signed by the agent or by the living person from whom the remains have been removed:
(a) Identifying the deceased person or the remains removed;
(b) Stating whether or not death occurred from a communicable or otherwise dangerous disease;
(c) Stating the name and address of the agent and his relation to the deceased person;
(d) Representing that the agent is aware of no objection to cremation of the remains by any person who has a right to control the disposition of the deceased persons remains; and
(e) Stating the name of the person authorized to claim the cremated remains or the name of the cemetery or person to whom the remains are to be sent.
2. An authorized agent may delegate his authority to another person by a written and signed statement containing his name, address and relationship to the deceased person and the name and address of the person to whom his authority is delegated. The operator of a crematory incurs no liability by relying upon a signed order for cremation received by mail or upon a delegation of authority.
Sec. 15. 1. The operator of a crematory shall keep a record of:
(a) Each authorization received;
(b) The name of each person whose human remains are received;
(c) The date and time of receipt, and a description of the container in which received;
κ1993 Statutes of Nevada, Page 2604 (CHAPTER 624, SB 398)κ
(d) The date of cremation; and
(e) The final disposition of the cremated remains.
2. The operator of a crematory shall not accept unidentified human remains. If the remains are received in a container, the operator shall place appropriate identification upon the exterior of the container.
3. If a permit for transportation of human remains to the crematory is required by the local health authority, the operator shall file the permit in his records.
Sec. 16. 1. No operator of a crematory may require that human remains be placed in a casket, or refuse to accept human remains for cremation because they are not in a casket.
2. The container used must:
(a) Consist of readily combustible materials;
(b) Cover the human remains completely when closed;
(c) Resist leaking or spilling;
(d) Be rigid enough for easy handling; and
(e) Protect the health and safety of employees of the operator.
3. Unless otherwise ordered in writing by the agent, the operator shall incinerate the container as the remains are cremated.
Sec. 17. 1. If the operator of a crematory cannot cremate human remains immediately after receiving them, he shall place them in a holding facility within or adjacent to the crematory which:
(a) Preserves the dignity of the remains;
(b) Protects for the health and safety of employees of the operator; and
(c) Is secure from access by anyone other than those employees, except a workman in the ordinary course of his work.
2. If human remains are not embalmed, they may not be held longer than 24 hours unless the holding facility is refrigerated.
3. An operator need not accept for holding a container from which there is any evidence of leakage of bodily fluids.
Sec. 18. 1. The agent, or the person charged with arranging for disposition of the body of a person who has ordered his own cremation, shall ensure that any artificial device whose incineration would be dangerous is removed from human remains before their cremation. If he is unable to arrange for its removal before the remains are delivered to a crematory, he shall inform the operator of the crematory.
2. The space within a crematory where cremation takes place must be enclosed and must not be used for any other purpose than the cremation of human remains. Immediately before a container is placed in this chamber, the identification of the human remains within it must be verified by the operator and any identifying document or label for the urn must be removed from the container and kept near the control panel until cremation is complete.
3. Upon the completion of cremation, the operator shall:
(a) Remove the recoverable residue from the chamber;
(b) Place the bone fragments in an urn with proper identification and insofar as practicable place no other material with them unless authorized by the agent; and
(c) Dispose of the remaining residue.
κ1993 Statutes of Nevada, Page 2605 (CHAPTER 624, SB 398)κ
4. If the cremated remains will not fit in the urn selected by the agent, the operator of the crematory shall hold the remains until the agent selects an urn or urns in which the remains will fit.
Sec. 19. 1. The operator of a crematory shall not permit a person to be present near human remains awaiting cremation, being cremated, or being removed from the chamber unless his presence is within the normal scope of his work or his presence is authorized by the family of the deceased.
2. The operator of a crematory shall not simultaneously cremate the remains of more than one person in the same chamber unless so authorized in writing by the agent for each person whose remains are to be so cremated. Such a written authorization releases the operator from liability for commingling of the cremated remains.
Sec. 20. 1. When cremated remains are called for or delivered, the person receiving the remains and a representative of the operator of the crematory shall sign a receipt showing the name of the person whose remains are received and the date, time and place of receipt. The operator shall retain the receipt. Thereafter, the remains may be transported in any manner, with a permit if required by the local health authority.
2. If a temporary urn is used to deliver the cremated remains to the person authorized to claim them, that urn must be placed in a suitable outer box to increase its security and integrity. The temporary urn must be marked with the name of the person whose remains it contains and the name of the operator of the crematory.
3. If cremated remains are to be shipped, the urn must be packed in a sealed package. A method of shipment must be used which has an internal tracing system and provides a receipt signed by the person accepting delivery.
Sec. 21. 1. The agent who orders cremation is responsible for the disposition of cremated remains. If within 30 days after cremation the person named in the authorization has not claimed particular remains and no other disposition is specified in the authorization, the operator of a crematory may place the urn containing those remains in a common compartment with other unclaimed urns. The operator may charge a fee for storage when the urn is claimed.
2. If within 2 years after cremation the agent has not claimed the remains or specified their ultimate disposition, the operator may dispose of the remains in any manner not prohibited by section 22 of this act. The agent is liable to the operator for all reasonable expenses of disposition.
3. An operator who complies with subsection 1 or 2, or both, has no further legal liability concerning the remains so treated.
Sec. 22. 1. Except as otherwise provided in subsection 2 or authorized by the agent who ordered the cremation, no person may:
(a) Scatter cremated remains in such a manner or location that the remains are commingled with those of another person; or
(b) Place the cremated remains of more than one person in the same urn unless the persons are friends or members of the same family and the urn is designed for the remains of more than one person.
2. Cremated remains may be scattered at sea or over a public waterway, or by air, from individual closed vessels, or scattered in an area of a dedicated cemetery from which there is no means of location or recovery and which is used exclusively for this purpose.
κ1993 Statutes of Nevada, Page 2606 (CHAPTER 624, SB 398)κ
dedicated cemetery from which there is no means of location or recovery and which is used exclusively for this purpose.
3. Cremated remains may be disposed of in any manner upon private property if the agent who ordered the cremation so directs and the owner of the property consents in writing.
4. Cremated remains for disposition pursuant to subsection 2 or 3 must be, and any other cremated remains may be, reduced to particles no larger than 1/8 of an inch.
Sec. 23. 1. The signer of an order for the cremation of human remains warrants the truth of the facts set forth in the order, including the identity of the person whose remains are to be cremated, and his own authority to order cremation. The signer is personally liable for any damage resulting from the falsity of a warranted fact or from his lack of authority.
2. The operator of a crematory may cremate human remains upon receipt of an order signed by the agent. The operator has no liability for cremating the remains or releasing the cremated remains pursuant to the order.
3. The operator of a crematory is not liable for any article of value delivered with human remains.
Sec. 24. 1. The operator of a crematory incurs no liability by refusing to accept or to cremate human remains until he receives a court order or other suitable confirmation that a dispute has been settled:
(a) If he is aware of a dispute concerning cremation of the remains;
(b) If he has a reasonable basis for questioning any of the representations made by the agent; or
(c) For any other lawful reason.
2. If the operator of a crematory is aware of a dispute concerning the release or disposition of cremated human remains, he may refuse to release the remains until the dispute has been resolved or he receives a court order authorizing the release or disposition of the remains. The operator incurs no liability by such a refusal.
Sec. 25. 1. It is unlawful for any person to:
(a) Hold himself out to the public as the operator of a crematory without being licensed pursuant to section 9 of this act;
(b) Sign an order for cremation knowing that the order contains incorrect information; or
(c) Violate any other provision of sections 2 to 25, inclusive, of this act.
2. It is unlawful for the operator of a crematory to perform a cremation without an order signed by a person authorized to order the cremation pursuant to section 12 or 13 of this act.
3. A crematory operated in this state in violation of any provision of sections 2 to 25, inclusive, of this act or any regulation of the state board for cemeteries is a public nuisance and may be abated as such.
Sec. 26. NRS 451.065 is hereby amended to read as follows:
451.065 1. [No crematory may require that human remains be placed in a casket before cremation or that human remains be cremated in a casket, or refuse to accept human remains for cremation because they are not in a casket. This section does not prohibit a crematory from requiring some type of container or disposal unit for cremation.
κ1993 Statutes of Nevada, Page 2607 (CHAPTER 624, SB 398)κ
2.] No crematory, funeral home, cemetery or other place which accepts human remains for disposition may require the remains to be embalmed or otherwise provided [prior to] before their disposition by cremation, interment or otherwise, or before their removal from or into any registration district. The state board of health may require embalming or other preparations if necessary to protect the public.
[3.] 2. Any person who violates this section is guilty of a misdemeanor.
Sec. 27. Chapter 452 of NRS is hereby amended by adding thereto the provisions set forth as sections 28, 29 and 30 of this act.
Sec. 28. Board means the state board of funeral directors, embalmers and operators of cemeteries and crematories.
Sec. 29. The board may adopt reasonable regulations, suitably designed to protect the public, for those aspects of the operation of a cemetery which are not governed by the regulations of the commissioner of insurance pertaining to endowment care.
Sec. 30. The administrator and the board shall cooperate in the performance of their respective duties pursuant to this chapter and shall exchange any information, statistics or data in their records that is necessary to carry out those duties.
Sec. 31. NRS 452.003 is hereby amended to read as follows:
452.003 As used in this chapter , unless the context otherwise requires, the words and terms defined in NRS 452.004 to 452.019, inclusive, and section 28 of this act have the meanings ascribed to them in those sections.
Sec. 32. NRS 452.235 is hereby amended to read as follows:
452.235 A cemetery authority shall not use any crypt or niche for the entombment or inurnment of human remains unless a certificate of occupancy has been issued by the state board of health or the local building or public works department, depending upon which authority supervised the construction under NRS 452.210, for the occupancy of any such crypt or niche.
Sec. 33. NRS 452.310 is hereby amended to read as follows:
452.310 1. No person [shall] may engage in the business of operating a cemetery [authority] in this state without first obtaining a certificate of authority from the [administrator.] board.
2. Applications for a certificate of authority to operate a cemetery [shall] must be filed with the [administrator.] board. Each application [shall] must be accompanied by:
(a) A filing fee of [$250,] $1,000, no part of which [shall be] is refundable.
(b) A copy, certified by the proper officials, of the:
(1) Articles of incorporation, if any.
(2) Bylaws of the corporation, if any.
(3) Application to the city or county plann ing commission for a [cemetery] use permit or the rezoning for the proposed cemetery.
(4) Land use or zoning permit.
(5) Declaration of dedication of land to cemetery purposes.
(6) Deed, contract of purchase or other document which provides the applicant with merchantable title to the land dedicated.
(7) Endowment care trust fund agreement executed by the proper officers of the cemetery authority.
κ1993 Statutes of Nevada, Page 2608 (CHAPTER 624, SB 398)κ
(c) A statement, executed by the proper officers [,] of the applicant , setting forth:
(1) If the applicant is a corporation, the names and addresses of the board of directors and officers.
(2) If the applicant is not a corporation, the names and addresses of the natural persons in charge.
(3) The names and addresses of the trustees of the endowment care fund.
(4) The name and address of the person in charge of sales.
The statement [shall] must contain a description of the general character, experience and fitness to engage in the cemetery business for each person named.
(d) A complete, detailed and audited financial statement showing assets, liabilities and reserve.
(e) An itemized statement of all estimated receipts and expenditures for the succeeding 2-year period or such other period as may be required by the [administrator.] board.
(f) A map of the proposed cemetery in such detail and size as may be required by the [administrator.] board.
(g) A statement of the proposed plan of operation in such detail as may be required by the [administrator.] board.
(h) A statement of the amount deposited in the endowment care fund and the type of investment made of such amount.
(i) A statement from the depository showing the deposit in the endowment care fund of the amount required by NRS 452.120 and 452.130.
(j) Such other information as may be required by written notice from the [administrator.] board.
3. Upon request, the board shall provide to the administrator a copy of the following information contained in an application for a certificate of authority filed with the board pursuant to this section:
(a) The endowment care trust fund agreement;
(b) The names and addresses of the trustees of the endowment care fund; and
(c) The statements described in paragraphs (h) and (i) of subsection 2.
Sec. 34. NRS 452.340 is hereby amended to read as follows:
452.340 1. If the [administrator] board finds that the proposed cemetery authority has in good faith compiled with all lawful requirements, [he] it shall within 30 days issue a certificate of authority for the [conduct and transaction of a cemetery business.] operation of a cemetery.
2. The certificate of authority [shall be] is valid for [a period of] 6 months from the date of issuance, and if the cemetery authority has not begun operations within that time the certificate [shall be void] expires unless the [administrator] board has, for good cause, extended [such] the period. No such extension [shall] may be given for [a period of] more than 6 months from the date of extension.
Sec. 35. NRS 452.400 is hereby amended to read as follows:
452.400 The administrator may [make, promulgate, amend or rescind such rules and] adopt such regulations as may be necessary to carry out the purposes and provisions of this chapter [.] which relate to the endowment care.
κ1993 Statutes of Nevada, Page 2609 (CHAPTER 624, SB 398)κ
Sec. 36. NRS 452.590 is hereby amended to read as follows:
452.590 1. [In any case where a person] A person who proposes to purchase or acquire control of an existing cemetery authority, either by purchase of the outstanding capital stock of a cemetery authority or the interest of the owner or owners, and thereby to change the control of the cemetery authority, [such person] shall first make application to the [administrator] board for a certificate of approval of [such] the proposed change of control in the cemetery authority.
2. [Such application shall] The application must contain the name and address of the proposed new owners, and the [administrator shall] board may only issue [such] a certificate of approval after [he has] it is reasonably satisfied [himself] that the proposed new owners are qualified by character, experience and business and financial reputability and responsibility to control and operate the cemetery [authority] in a suitable and proper manner, and that the interest of the public generally will not be jeopardized by the proposed change in ownership and management . [control.
3. Such application shall] The board shall not issue a certificate of approval without the approval of the administrator.
3. The application must be accompanied by a filing and investigation fee of [$50,] $250, no part of which is refundable.
Sec. 37. Chapter 642 of NRS is hereby amended by adding thereto the provisions set forth as sections 38 to 52, inclusive, of this act.
Sec. 38. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 642.010 and sections 39 to 45, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 39. Cremation means the technical process that reduces human remains to bone fragments by using heat and evaporation.
Sec. 40. Crematory means the building or portion of a building that houses the chamber for cremation and the holding facility.
Sec. 41. Direct cremation means a cremation without formal viewing, visitation or a ceremony with the body present.
Sec. 42. Disposition means the immediate disposing of a dead human body or the immediate transporting of a dead human body to the care of a funeral establishment, responsible third party or the immediate family for direct cremation or burial.
Sec. 43. Funeral director means a person engaged in, conducting the business of or holding himself out as engaged in:
1. Preparing or contracting to prepare by embalming or in any other manner dead human bodies for burial or disposal, or directing and supervising the burial or disposal of dead human bodies.
2. Providing for or maintaining a funeral establishment or a place for the preparation, disposition and care of dead human bodies.
3. Directing, supervising or contracting to direct or supervise funerals.
4. The business of a funeral director by using the words funeral director, mortician or any other title implying that he is engaged in the business of funeral directing.
The term does not include a licensed embalmer or a person whose duties are limited to conducting direct cremations or immediate burials.
κ1993 Statutes of Nevada, Page 2610 (CHAPTER 624, SB 398)κ
Sec. 44. Funeral establishment means a place of business conducted at a specific street address or location devoted to the care and preparation for burial or transportation of dead human bodies, consisting of a preparation room equipped with a sanitary floor, necessary drainage and ventilation, containing necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or transportation and having a display room containing an inventory of funeral caskets.
Sec. 45. Immediate burial means a disposition by burial without formal viewing, visitation or a ceremony with the body present, except for a graveside service.
Sec. 46. 1. A member of the boards staff who is designated by the board may investigate an alleged violation of any provision of this chapter.
2. The designated member of the boards staff shall report his findings to the attorney general, who shall:
(a) Dismiss the investigation;
(b) Proceed in accordance with the provisions of this chapter and chapter 233B of NRS; or
(c) Investigate the matter further before acting pursuant to paragraph (a) or (b).
Sec. 47. The board may bring legal proceedings to enjoin any person who violates any provision of this chapter or any regulation adopted pursuant thereto from practicing the profession of embalming. Any person who is so enjoined is liable to the board for attorneys fees and court costs.
Sec. 48. 1. The board may publish a guide for persons who purchase services provided by cemeteries, crematories and funeral establishments. The guide must contain:
(a) A list of the name and address of each cemetery, crematory and funeral establishment located in the state.
(b) A list of the services and the price for each service provided by each cemetery, crematory and funeral establishment in this state.
(c) The procedure for filing a complaint with the board concerning services provided by a cemetery, crematory or funeral establishment.
(d) Any other information which the board deems appropriate and useful to the public.
2. If the board publishes a guide, it shall:
(a) Maintain the guide by republishing it with revised information at least once each year.
(b) Distribute the guide and the information contained in the guide in any manner it deems appropriate.
Sec. 49. 1. A person may apply for a license to conduct direct cremations or immediate burials.
2. The services which a person holding such a license may provide are limited to the direct cremation, immediate burial, disposition and transportation of dead human bodies.
Sec. 50. A funeral director or embalmer shall make available for inspection by the attorney general, department of insurance, or any representative of either, copies of all lists of prices and agreements on prices for 1 year after they are issued.
κ1993 Statutes of Nevada, Page 2611 (CHAPTER 624, SB 398)κ
Sec. 51. The board shall charge and collect from each holder of a license or certificate issued pursuant to chapter 451 or 452 of NRS an annual fee sufficient in the aggregate, together with fees received from applicants during the previous year, to defray the boards necessary expenses in performing its duties under those chapters.
Sec. 52. Each holder of a license or certificate issued by the board pursuant to this chapter or chapter 451 or 452 of NRS shall comply with the provisions of Part 453 of Title 16 of the Code of Federal Regulations, as those provisions exist on October 1, 1993.
Sec. 53. NRS 642.010 is hereby amended to read as follows:
642.010 [As used in this chapter, unless the context otherwise requires:
1.] Board means the state board of funeral directors [an embalmers.
2. Funeral director means a person, partnership, corporation, association or other organization engaged in or conducting the business of or holding himself or itself out as engaged in:
(a) Preparing or contracting to prepare by embalming or in any other manner dead human bodies for burial or disposal, or directing and supervising burial or disposal of dead human bodies.
(b) Providing for or maintaining a funeral establishment or a place for the preparation, disposition and care of dead human bodies.
(c) Directing or supervising or contracting to direct or supervise funerals.
(d) The business of a funeral director by using the words funeral director, or mortician or any other title implying that he or it is engaged in the business of funeral directing, but the words funeral director do not include a licensed embalmer.
3. Funeral establishment means a place of business conducted at a specific street address or location devoted to the care and preparation for burial or transportation of dead human bodies, consisting of a preparation room equipped with a sanitary floor, necessary drainage and ventilation, containing necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or transportation, and having a display room containing a stock of funeral caskets and shipping cases.] , embalmers and operators of cemeteries and crematories.
Sec. 54. NRS 642.020 is hereby amended to read as follows:
642.020 1. The state board of funeral directors [and embalmers,] , embalmers and operators of cemeteries and crematories, consisting of [three] five members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) [Two members who are practical and practicing funeral directors and embalmers.
(b)] One member who is [a representative] actively engaged as a funeral director and embalmer.
(b) One member who is actively engaged as an operator of a cemetery.
(c) One member who is actively engaged in the operation of a crematory.
(d) Two members who are representatives of the general public.
3. [The] No member who is a representative of the general public [shall not participate in preparing, conducting or grading any examination required by the board.] may:
κ1993 Statutes of Nevada, Page 2612 (CHAPTER 624, SB 398)κ
(a) Be the holder of a license or certificate issued by the board or be an applicant or former applicant for such a license or certificate.
(b) Be related within the third degree of consanguinity or affinity to the holder of a license or certificate issued by the board.
(c) Be employed by the holder of a license or certificate issued by the board.
4. After the initial terms, members of the board serve terms of 4 years, except when appointed to fill unexpired terms. Each member may serve no more than two full terms.
5. The chairman of the board must be chosen from the members of the board who are representatives of the general public.
Sec. 55. NRS 642.050 is hereby amended to read as follows:
642.050 1. The board shall meet at least once every year, and may also hold special meetings, if the proper discharge of its duties [shall require,] requires, at a time and place to be fixed by the rules and bylaws of the board. The rules and bylaws of the board [shall] must provide for the giving of timely notice of all special meetings to all members of the board and to all applicants for licenses [.
2. Two] or certificates.
2. Four of the members of the board at any meeting may organize [, and shall] and constitute a quorum for the transaction of business.
Sec. 56. NRS 642.100 is hereby amended to read as follows:
642.100 Reciprocity may be arranged by the board if an applicant:
1. Is a graduate of a school of mortuary science which is accredited by the Conference of Funeral Services Examining Boards of the United States, Incorporated ; [.]
2. Is licensed as an embalmer in another state ; [.]
3. Has practiced embalming successfully for at least 5 years, and practiced actively for 2 years immediately preceding the application for a license by reciprocity ; [.]
4. Is of good moral character ; [and has been a resident of the State of Nevada for at least 6 months.]
5. Has passed the examination given by the board on the subjects set forth in subsection 2 of NRS 642.090 [.] ; and
6. Pays a fee of $100 to the secretary of the board.
Sec. 57. NRS 642.130 is hereby amended to read as follows:
642.130 The board [shall have the power to] may revoke any license [,] to practice the profession of embalming, issued in accordance with the provisions of this chapter, by a unanimous vote of the board for:
1. Gross incompetency.
2. [Dishonesty.] Unprofessional, unethical or dishonest conduct.
3. Habitual intemperance.
4. [Any act derogatory to the morals or standing of the practice of embalming, as may be determined by the board.] Fraud or misrepresentation in obtaining or attempting to obtain a license to practice the profession of embalming.
5. Employment by the licensee of persons commonly known as cappers, steerers or solicitors, or of other persons to obtain funeral directing or embalming business.
κ1993 Statutes of Nevada, Page 2613 (CHAPTER 624, SB 398)κ
6. Malpractice.
7. Gross immorality.
8. The unlawful use of any controlled substance.
9. Conviction of a felony.
10. False or misleading advertising as defined in NRS 642.490, or false or misleading statements in the sale of merchandise or services.
11. Refusal to surrender promptly the custody of a dead human body upon the request of a person who is legally entitled to custody of the body.
12. Violation by the licensee of any provision of this chapter, any regulation adopted pursuant thereto or any other law of this state relating to the practice of any of the professions regulated by the board.
13. The theft or misappropriation of money in a trust fund established and maintained pursuant to chapter 689 of NRS.
Sec. 58. NRS 642.300 is hereby amended to read as follows:
642.300 Apprenticeship in embalming expires 1 year [from] after the date of issuance of the certificate by the board, and no person may be registered as an apprentice entitling him to practice the occupation of an embalmers apprentice under a licensed embalmer more than 2 consecutive years without [taking] successfully passing the examination for embalmers given by the board.
Sec. 59. NRS 642.340 is hereby amended to read as follows:
642.340 1. [No person, partnership, corporation, association or other organization] A person shall not open or maintain a place or establishment to engage in or conduct, or hold himself [or itself] out as engaging in or conducting, the business of a funeral director, unless [first licensed so to do] he is licensed as a funeral director by the board [.] or employs a person who is so licensed.
2. The business of a funeral director [shall] must be conducted and engaged in at a fixed place or establishment.
Sec. 60. NRS 642.350 is hereby amended to read as follows:
642.350 Any funeral director [as defined by NRS 642.010] who, on July 1, 1959, is engaged in or conducting the business of a funeral director, at a fixed place or establishment in this state, [shall] must be issued a license upon application therefor made within 30 days after July 1, 1959, and may continue in business for the remainder of the year. He may have his license renewed annually upon payment of such renewal fees as are required by NRS 642.420.
Sec. 61. NRS 642.360 is hereby amended to read as follows:
642.360 1. An application for a funeral directors license [shall] or a license to conduct direct cremations or immediate burials must be in writing and verified on a form provided by the board.
2. Each applicant [, unless an association, corporation or partnership, shall] must be over 18 years of age [,] and of good character . [, and a resident of the State of Nevada for at least 6 months prior to filing the application.
3. If the applicant is an association, corporation or partnership, it shall have as an active officer or manager or employee a person who is over 18 years of age, of good character, who is a licensed embalmer and has been a resident of the State of Nevada for at least 6 months prior to filing the application.
κ1993 Statutes of Nevada, Page 2614 (CHAPTER 624, SB 398)κ
resident of the State of Nevada for at least 6 months prior to filing the application.
4. Each individual or the officer or employee]
3. Each person who is to manage or direct a proposed funeral establishment [shall,] must, before the application is granted, successfully pass an examination given by the board upon the following subjects:
(a) The signs of death.
(b) The manner by which death may be determined.
(c) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons dying from infectious or contagious diseases.
(d) Local health and sanitary ordinances and regulations relating to funeral directing and embalming.
[5.] (e) Federal regulations governing funeral practices.
4. The application [shall] must be accompanied by a fee of $100.
Sec. 62. NRS 642.390 is hereby amended to read as follows:
642.390 Upon receipt of an application for a license, the board shall cause an investigation to be made as to the character of the applicant, [including its officers or members if the application is by or in behalf of an association, corporation or partnership,] and may require such showing as will reasonably prove [the] his good character . [of the applicant.]
Sec. 62.5. NRS 642.430 is hereby amended to read as follows:
642.430 1. The board shall, before renewing a funeral directors license, make an unannounced inspection of the establishment for which the license was issued to ensure compliance with:
(a) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons who have died from infectious or contagious diseases;
(b) Local health and sanitary ordinances and regulations relating to funeral directing and embalming; and
(c) Federal regulations governing funeral practices.
Each licensed funeral director shall be deemed to have consented to such an inspection as a condition of being issued a license.
2. The board shall mail, on or before January 1 of each year, to each licensed funeral director, addressed to him at his last known address, a notice that his or its renewal fee is due and payable and that if such fee is not paid by February 1, a penalty of $25 [shall] will be added to the renewal fee, and in no case [shall] will such penalty or additional fee, upon account of such delinquency, be waived.
[2.] 3. Upon making the inspection required pursuant to subsection 1 and receipt of such fees the board shall cause the renewal certificate to be issued.
Sec. 63. NRS 642.470 is hereby amended to read as follows:
642.470 The board shall suspend or revoke a funeral directors license [,] or a license to conduct direct cremations or immediate burials, after a hearing and after 10 days notice to the licensee, if the licensee is found guilty of any of the following acts or omissions:
1. Conviction of a crime involving moral turpitude.
2. Unprofessional conduct.
3. False or misleading advertising.
κ1993 Statutes of Nevada, Page 2615 (CHAPTER 624, SB 398)κ
4. Conviction of a felony.
5. Conviction of a misdemeanor that is related directly to the practice of funeral directing.
Sec. 64. NRS 642.480 is hereby amended to read as follows:
642.480 For the purposes of NRS 642.470, unprofessional conduct includes:
1. Misrepresentation or fraud in the conduct of the business or the profession of a funeral director.
2. Solicitation of dead human bodies by the licensee [,] or his agents, assistants or employees, whether such solicitation occurs after death or while death is impending, but this does not prohibit general advertising.
3. Employment by the licensee of persons commonly known as [cappers or] cappers, steerers or solicitors, or of other persons to obtain funeral directing or embalming business.
4. Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral director or embalmer.
5. The buying of business by the licensee [,] or his agents, assistants or employees, or the direct or indirect payment or offer of payment of a commission by the licensee [,] or his agents, assistants or employees, for the purpose of securing business.
6. Gross immorality.
7. Aiding or abetting an unlicensed person to practice funeral directing or embalming.
8. Using profane, indecent or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased whose body has not yet been interred or otherwise disposed of.
9. Solicitation or acceptance by a licensee of any commission , [or] bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery.
10. Using any casket or part of a casket which has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body.
11. Violation of any of the provisions of this chapter [.] or of any regulation adopted pursuant thereto.
12. Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies.
13. Fraud or misrepresentation in obtaining a license.
14. Refusing to surrender promptly the custody of a dead human body, upon the express order of the person lawfully entitled to the custody thereof.
15. Taking undue advantage of his patrons or being guilty of fraud or misrepresentation in the sale of merchandise to his patrons.
16. The theft or misappropriation of money in a trust fund established and maintained pursuant to chapter 689 of NRS.
17. Habitual drunkenness or the unlawful use of a controlled substance.
κ1993 Statutes of Nevada, Page 2616 (CHAPTER 624, SB 398)κ
Sec. 65. NRS 642.550 is hereby amended to read as follows:
642.550 This chapter does not apply [:
1. To persons] to:
1. Persons engaged as layers-out or to those who shroud the dead.
2. [To the employees] Employees of any cemetery whose duty or business extends no further.
3. [To officials] Officers or employees of any state or federal institution.
4. [To a] A person who inters the human remains of a native Indian pursuant to NRS 383.150 to 383.190, inclusive.
5. Commissioned officers serving in the Armed Forces of the United States.
Sec. 66. Chapter 689 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A funeral director or cemetery authority that enters into a preneed sales agreement shall, upon the death of the buyer, provide a copy of the agreement to each person entitled to custody of the remains.
2. The commissioner may impose upon any person who knowingly violates the provisions of subsection 1 an administrative fine of three times the amount of the preneed sales agreement.
Sec. 67. NRS 689.137 is hereby amended to read as follows:
689.137 Trust liability means [75] 100 percent of the purchase price [.] after deducting commissions.
Sec. 68. NRS 689.150 is hereby amended to read as follows:
689.150 As used in NRS 689.155 to 689.375, inclusive, unless the context otherwise requires:
1. Funeral service or services means those services performed normally by funeral directors or funeral or mortuary parlors and includes their sales of supplies and equipment for burial. [Funeral service or services] The term includes cremations and crematory services. The term does not include services performed by a cemetery or the sale by a cemetery of services, interests in land, markers, memorials, monuments or merchandise and equipment in relation to the cemetery or the sale of crypts or niches constructed or to be constructed in a mausoleum or columbarium or otherwise on the property of a cemetery.
2. Performer means any person designated in a prepaid contract to furnish the funeral services, supplies and equipment covered by the contract on the demise of the beneficiary.
3. Prepaid contract means any contract under which, for a specified consideration paid in advance in a lump sum or by installments, a person promises either before or upon the death of a beneficiary named in or otherwise ascertainable from the contract to furnish funeral services and merchandise. [Prepaid contract] The term does not include a contract of insurance or any instrument in writing whereby any charitable, religious, benevolent or fraternal benefit society, corporation, association, institution or organization, not having for its object or purpose pecuniary profit, promises or agrees to embalm, inter or otherwise dispose of the remains of any person, or to procure or pay the expenses, or any part thereof, of embalming, interring or otherwise disposing of the remains of any person.
κ1993 Statutes of Nevada, Page 2617 (CHAPTER 624, SB 398)κ
Sec. 69. NRS 689.465 is hereby amended to read as follows:
689.465 Cemetery authority means any natural person, partnership, corporation, association or cemetery district owning or controlling lands or property for a cemetery and engaged in the operation of a cemetery in this state [.] which provides endowment care or sells burial merchandise or services under prepaid contracts.
Sec. 70. NRS 689.485 is hereby amended to read as follows:
689.485 1. It is unlawful for any cemetery authority, or any person on behalf of a cemetery authority, to offer or sell any [preneed] burial merchandise or services under a prepaid contract unless the cemetery authority has been issued a sellers [certificate of authority] permit by the commissioner.
2. Subsection 1 does not apply to cemeteries owned and operated by governmental agencies.
Sec. 71. NRS 689.490 is hereby amended to read as follows:
689.490 1. The proposed seller, or the appropriate corporate officer of the seller, shall apply in writing to the commissioner for a sellers [certificate of authority,] permit, showing:
(a) The proposed sellers name and address and his occupations during the preceding 5 years;
(b) The name and address of the proposed trustee;
(c) The names and addresses of the proposed performers, specifying what particular services, supplies and equipment each performer is to furnish under the proposed prepaid contract; and
(d) Such other pertinent information as the commissioner may reasonably require.
2. The application must be accompanied by:
(a) A copy of the proposed trust agreement and a written statement signed by an authorized officer of the proposed trustee to the effect that the proposed trustee understands the nature of the proposed trust fund and accepts it;
(b) A copy of each contract or understanding, existing or proposed, between the seller and performers relating to the proposed prepaid contract or items to be supplied under it;
(c) A certified copy of the articles of incorporation and the bylaws of any corporate applicant;
(d) A copy of any other document relating to the proposed seller, trustee, trust, performer or prepaid contract, as required by the commissioner;
(e) A complete set of his fingerprints and written permission authorizing the commissioner to forward those fingerprints to the Federal Bureau of Investigation for its report;
(f) A fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant; and
(g) The applicable fee established in NRS 680B.010, which is not refundable.
Sec. 72. NRS 689.495 is hereby amended to read as follows:
689.495 1. Before the issuance of a [certificate of authority] permit to a seller, the seller shall post with the commissioner and thereafter maintain in force a bond in the principal sum of $50,000 issued by an authorized corporate surety in favor of the State of Nevada, or a deposit of cash or negotiable securities or a combination of cash and negotiable securities. If a deposit is made in lieu of a bond, the deposit must at all times have a market value [of] not less than the amount of the bond required by the commissioner.
κ1993 Statutes of Nevada, Page 2618 (CHAPTER 624, SB 398)κ
made in lieu of a bond, the deposit must at all times have a market value [of] not less than the amount of the bond required by the commissioner.
2. The bond or deposit must be held for the benefit of buyers of prepaid contracts, and other persons as their interests may appear, who may be damaged by misuse or diversion of money by the seller or his agents, or to satisfy any judgments against the seller for failure to perform a prepaid contract. The aggregate liability of the surety for all breaches of the conditions of the bond must not exceed the sum of the bond. The surety on the bond has the right to cancel the bond upon giving 30 days notice to the commissioner and thereafter is relieved of liability for any breach of condition occurring after the effective date of the cancellation.
3. The commissioner shall release the bond or deposit after the seller has ceased doing business as such and the commissioner is satisfied of the nonexistence of any obligation or liability of the seller for which the bond or deposit was held.
Sec. 73. NRS 689.500 is hereby amended to read as follows:
689.500 1. If the commissioner finds that the application is complete, that the cemetery authority is in compliance with all requirements therefor, that the applicant otherwise qualifies under the provisions of NRS 689.450 to 689.595, inclusive, and upon satisfactory evidence that a burial merchandise and service trust fund has been established, he shall issue a sellers [certificate of authority] permit to the applicant.
2. The commissioner shall refuse to issue a sellers [certificate of authority] permit to any applicant who does not comply with or otherwise meet the requirements of NRS 689.450 to 689.595, inclusive. Upon such refusal, the commissioner shall give written notice thereof to the applicant setting forth the reasons for his refusal.
Sec. 74. NRS 689.505 is hereby amended to read as follows:
689.505 1. Each sellers [certificate of authority] permit issued pursuant to NRS 689.450 to 689.595, inclusive, continues in effect for 3 years unless it is suspended, revoked or otherwise terminated.
2. The commissioner shall renew a sellers [certificate of authority] permit upon receiving a written request for renewal from the seller, accompanied by the applicable fee for renewal, which is not refundable, if he finds that the seller is, at that time, in compliance with all applicable provisions of NRS 689.450 to 689.595, inclusive.
3. A [certificate] permit which is not renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the [certificate] permit if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required.
Sec. 75. NRS 689.510 is hereby amended to read as follows:
689.510 1. After giving written notice of charges to the seller, not less than 30 days in advance of a hearing, the commissioner may, after the hearing, revoke the sellers [certificate of authority if the seller:] permit if he:
(a) Obtained his [certificate of authority] permit through misrepresentation or concealment of a material fact;
(b) Is no longer qualified for such a [certificate of authority;] permit; or
κ1993 Statutes of Nevada, Page 2619 (CHAPTER 624, SB 398)κ
(c) Violates any provision of NRS 689.450 to 689.595, inclusive, or any lawful order or regulation of the commissioner.
2. If a seller is found to be in violation of paragraph (c) of subsection 1, the commissioner may, in lieu of revocation, suspend his sellers [certificate of authority] permit for a period not to exceed 90 days.
Sec. 76. NRS 689.515 is hereby amended to read as follows:
689.515 1. It is unlawful for any person to solicit the sale of a prepaid contract in this state on behalf of a seller unless he holds a valid agents license issued by the commissioner.
2. This section does not apply to a seller who holds a valid sellers [certificate of authority.] permit.
Sec. 77. NRS 689.525 is hereby amended to read as follows:
689.525 1. If the commissioner finds that the application is complete and the applicant meets the requirements of NRS 689.520 after an investigation not to exceed 30 days, he shall issue at the request of the holder of a valid sellers [certificate of authority] permit an agents license to the applicant.
2. If the license is denied the commissioner shall immediately notify the applicant and the seller that the applicant was to represent setting forth the reasons for the denial.
Sec. 78. NRS 689.530 is hereby amended to read as follows:
689.530 1. Each agents license issued pursuant to NRS 689.450 to 689.595, inclusive, continues in effect for 3 years unless it is suspended, revoked or otherwise terminated.
2. An agents license may be renewed, unless it has been suspended or revoked, at the request of the holder of a valid sellers [certificate of authority] permit upon filing a written request for renewal accompanied by the applicable fee for renewal, which is not refundable.
3. The commissioner may accept a request for renewal which is received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required.
4. An agents license is valid only while the agent is employed by a holder of a valid sellers [certificate of authority.] permit.
Sec. 79. NRS 689.545 is hereby amended to read as follows:
689.545 1. A seller shall not offer, sell or deliver in this state any prepaid contract unless the form of the contract has been filed with and approved in writing by the commissioner.
2. The commissioner shall disapprove any form of contract which he finds:
(a) Printed or reproduced in such a manner as to be substantially illegible in whole or in part;
(b) Contains ambiguous or misleading provisions, clauses or titles;
(c) Includes or combines in the prepaid contract provisions for the purchase of cemetery plots and existing burial spaces, unless such sales are separated and distinctly defined as burial merchandise and services; or
(d) Does not comply or is inconsistent with any applicable requirement of NRS 689.450 to 689.595, inclusive,
or for other good cause shown.
κ1993 Statutes of Nevada, Page 2620 (CHAPTER 624, SB 398)κ
3. No amendment or modification of any form may be made unless the amendment or modification has been filed with and approved in writing by the commissioner.
4. Each filing is subject to a waiting period of up to 30 days before it becomes effective.
5. Upon written application by the holder of a sellers [certificate of authority,] permit, the commissioner may authorize a filing which he has reviewed to become effective before the expiration of the waiting period or any extension thereof.
6. A filing shall be deemed to meet the requirements of NRS 689.450 to 689.595, inclusive, unless disapproved by the commissioner within the waiting period or any extension thereof.
Sec. 80. NRS 689.565 is hereby amended to read as follows:
689.565 1. Not more than 60 percent of the earnings of such investments, including capital gains, as they accrue and are received, may be disbursed by the trustee to the seller or his designee. The remainder of any earnings must be held by the trustee to establish a reserve for securities valuation until the reserve equals 40 percent of the total trust liabilities.
2. The trustee shall maintain in the trust fund an amount of money equal to 125 percent of the total trust liabilities.
3. If money in the trust fund is invested or reinvested in:
(a) Securities which are issued or guaranteed by the United States of America;
(b) Bonds of this state or the bonds of any other state;
(c) Bonds of counties or municipalities of any state;
(d) Bank deposits in any federally insured bank or savings and loan association; or
(e) With the written approval of the commissioner, any investment which has guaranteed liquidity,
then no earnings of those investments, including capital gains, if any, as such earnings accrue and are received, may be disbursed by the trustee to the seller or his designee which would reduce the corpus of the trust fund below 100 percent of the required value of the trust. Earnings in excess of 100 percent of the required value of the trust or 125 percent of the total trust liability, whichever is appropriate, may be distributed annually.
4. Earnings are defined as any sum remaining in the trust fund after deducting costs of administration over and above 100 percent of the required value of the trust.
5. Every trustee handling money in a trust fund pursuant to NRS 689.450 to 689.595, inclusive, shall file with the commissioner, within 15 days after the first day of each calendar quarter, a financial statement showing the activity of all trusts required to be maintained by any seller and the total market value of each trust as of the first day of the calendar quarter. The statement for the fourth quarter must be a summary of all transactions involving the account. The statement must be on forms prescribed and adopted by the commissioner. Every quarterly report must be accompanied by a fee of $10. If the statement is not received by the commissioner as required, he may, after giving the seller 10 days written notice, revoke the sellers [certificate of authority.] permit.
κ1993 Statutes of Nevada, Page 2621 (CHAPTER 624, SB 398)κ
6. The trust must be valued quarterly and averaged annually to determine the total value of the trust. If the average market value of the trust as of December 31 of each year is below 100 percent of the required value of the trust or 125 percent of the total trust liability, the commissioner may suspend the sellers [certificate of authority] permit until the deficiency is made up.
Sec. 81. NRS 689.585 is hereby amended to read as follows:
689.585 1. Every seller shall keep:
(a) Accurate accounts, books and records of all transactions;
(b) Copies of all agreements and dates and amounts of payments made and accepted;
(c) The names and addresses of the contracting parties; and
(d) The persons for whose benefit the payments are accepted and the names of the depositories in which the payments are deposited.
2. The seller shall keep within this state, at the address shown upon [the certificate of authority,] his permit, complete records of all transactions under [his certificate of authority.] the permit. Those records and the affairs of the seller are subject to audit and examination by the commissioner at any reasonable time. Any costs incurred by the commissioner to conduct an audit or examination must be paid by the seller.
3. The seller shall keep such records for not less than 5 years after the completion of all transactions to which they relate.
Sec. 82. NRS 452.380 is hereby repealed.
Sec. 83. The provisions of subsection 1 of section 21 of this act for the handling of cremated remains not claimed within 30 days apply to remains in the possession of the operator of a crematory on October 1, 1993, even if the cremation occurred before that date.
Sec. 84. The commissioner of insurance shall, not later than November 1, 1993, transfer the records relating to persons who are licensed pursuant to chapter 452 of NRS to the state board of funeral directors, embalmers and operators of cemeteries and crematories.
Sec. 85. 1. The terms of office of all members of the state board of funeral directors and embalmers who are incumbent on October 1, 1993, expire upon the appointment of their successors in office pursuant to subsection 2.
2. As soon as practicable after October 1, 1993, the governor shall appoint to the state board of funeral directors, embalmers and operators of cemeteries and crematories:
(a) One member who is a representative of the general public to an initial term that expires on October 1, 1994.
(b) One member who is actively engaged in the operation of a crematory to an initial term that expires on October 1, 1995.
(c) One member who is actively engaged as the operator of a cemetery to an initial term that expires on October 1, 1996.
(d) One member who is actively engaged as a funeral director and embalmer and one member who is a representative of the general public to initial terms that expire on October 1, 1997.
Sec. 86. The legislative counsel shall, in preparing the reprint of and supplements to the 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 state board of funeral directors and embalmers to the state board of funeral directors, embalmers and operators of cemeteries and crematories.
κ1993 Statutes of Nevada, Page 2622 (CHAPTER 624, SB 398)κ
reference to the state board of funeral directors and embalmers to the state board of funeral directors, embalmers and operators of cemeteries and crematories.
________
Senate Bill No. 354Senators James, OConnell, Brown, Callister, Glomb, Lowden, McGinness, Nevin, ODonnell, Raggio, Rawson, Shaffer and Smith
CHAPTER 625
AN ACT relating to corporal punishment; prohibiting its use in public schools; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.465 is hereby amended to read as follows:
392.465 1. [The legislature declares:
(a) That the use of corporal punishment is to be discouraged in the public schools, and only after all other methods of discipline have proven ineffective should a pupil be administered corporal punishment.
(b) That judgment and discretion are to be used in all punishment, corporal and otherwise, and maximum use should be made of available school counseling and psychological services.
2. Subject to the limitations contained in this section, the board of trustees of every school district shall adopt regulations authorizing teachers, principals and other licensed personnel to administer reasonable corporal or other punishment to pupils when the action is deemed an appropriate corrective measure.
3. Parents and guardians must be notified before, or as soon as possible after, corporal punishment is administered.
4. No corporal punishment may be administered on or about the head or face of any pupil, but this limitation] Corporal punishment may not be administered upon a pupil in any public school.
2. Subsection 1 does not prohibit any teacher, principal or other licensed person from defending himself if attacked by a pupil.
3. As used in this section, corporal punishment means the intentional infliction of physical pain upon or the physical restraint of a pupil for disciplinary purposes. The term does not include the use of reasonable and necessary force:
(a) To quell a disturbance that threatens physical injury to any person or the destruction of property;
(b) To obtain possession of a weapon or other dangerous object within a pupils control;
κ1993 Statutes of Nevada, Page 2623 (CHAPTER 625, SB 354)κ
(c) For the purpose of self-defense or the defense of another person; or
(d) To escort a disruptive pupil who refuses to go voluntarily with the proper authorities.
________
Senate Bill No. 322Senators Nevin, Hickey and Neal
CHAPTER 626
AN ACT relating to university foundations; requiring a university foundation to comply with laws relating to open meetings and public records; exempting a university foundation from the tax on transfers of real property; allowing a university foundation to employ or compensate certain persons and have certain persons serve on its governing board; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A university foundation:
(a) Shall comply with the provisions of chapter 241 of NRS;
(b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;
(c) Is exempt from the tax on transfers of real property pursuant to subsection 14 of NRS 375.090; and
(d) May allow a president or an administrator of the university or community college which it supports to serve as a member of its governing body.
2. A university foundation is not required to disclose the name of any contributor or potential contributor to the university foundation, the amount of his contribution or any information which may reveal or lead to the discovery of his identity. The university foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.
3. As used in this section, university foundation means a nonprofit corporation, association or institution or a charitable organization that is:
(a) Organized and operated exclusively for the purpose of supporting a university or a community college;
(b) Formed pursuant to the laws of this state; and
(c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).
Sec. 2. NRS 239.010 is hereby amended to read as follows:
239.010 All public books and public records of state, county, city, district, governmental subdivision , university foundation and quasi-municipal corporation officers and offices of this state , [(] and all departments thereof , [),] the contents of which are not otherwise declared by law to be confidential, must be open at all times during office hours to inspection by any person, and the books and records may be fully copied or an abstract or memorandum may be prepared [therefrom and any] from the public books and records.
κ1993 Statutes of Nevada, Page 2624 (CHAPTER 626, SB 322)κ
All of the copies, abstracts or memoranda [taken therefrom may be utilized] may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way [in which the books and records may be used] to the advantage of the owner thereof or of the general public. As used in this subsection, university foundation has the meaning ascribed to it in subsection 3 of section 1 of this act.
Sec. 3. NRS 241.015 is hereby amended to read as follows:
241.015 As used in this chapter:
1. Meeting means the gathering of members of a public body at which a quorum is present to deliberate toward a decision or to make a decision on any matter over which the public body has supervision, control, jurisdiction or advisory power.
2. Except as otherwise provided in this subsection, public body means any administrative, advisory, executive or legislative body of the state or a local government which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including but not limited to any board, commission, committee, subcommittee or other subsidiary thereof [.] and includes a university foundation as defined in subsection 3 of section 1 of this act. Public body does not include the legislature of the State of Nevada.
3. Quorum means a simple majority of the constituent membership of a public body or another proportion established by law.
Sec. 4. NRS 375.090 is hereby amended to read as follows:
375.090 The tax imposed by NRS 375.020 and 375.025 does not apply to:
1. Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.
2. A transfer of title to or from the United State s, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.
6. A transfer of title between spouses, including gifts.
7. A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.
8. A transfer of title to or from a trust, if the transfer is made without consideration.
9. Transfers, assignments or conveyances of unpatented mines or mining claims.
10. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
κ1993 Statutes of Nevada, Page 2625 (CHAPTER 626, SB 322)κ
11. A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.
12. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, Title 11 of U.S.C.;
(b) Approved in an equity receivership proceeding involving a railroad as defined in the Bankruptcy Act;
(c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act; or
(d) Whereby a mere change in identity, form or place of organization is effected, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation,
if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
13. The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
(a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;
(b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and
(c) The transfer or conveyance is made in obedience to the order.
14. A transfer to or from a university foundation. As used in this subsection, university foundation has the meaning ascribed to it in subsection 3 of section 1 of this act.
Sec. 5. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
Senate Bill No. 298Senators Callister and Glomb
CHAPTER 627
AN ACT relating to obligations of support; providing specifically for the addition of interest and attorneys fees on delinquent child support payments; exempting from execution certain child support payments and payments for the support and maintenance of a former spouse; clarifying the provision governing the time within which certain civil actions may be commenced; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125B.140 is hereby amended to read as follows:
125B.140 1. If an order issued by a court of this or any other state, or pursuant to an expedited process, provides for [the] payment for the support of a child, that order is a judgment by operation of law on or after the date [the] a payment is due.
κ1993 Statutes of Nevada, Page 2626 (CHAPTER 627, SB 298)κ
[the] a payment is due. Such a judgment may not be retroactively modified or adjusted and may be enforced as other judgments of this state.
2. Payments for support of a child pursuant to an order of a court or an order issued pursuant to an expedited process which have not accrued at the time either party gives notice that he has filed a motion for modification or adjustment may be modified or adjusted by the court upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction of the modification or adjustment.
3. Except as otherwise provided in subsection [5,] 6, before execution for enforcement of a judgment support of a child, the person seeking to enforce the judgment must sent a notice by certified mail, return receipt requested, to the responsible parent:
(a) Specifying the name of the court that issued the order for support and the date of its issuance;
(b) Specifying the amount of arrearages accrued under the order;
(c) Stating that the arrearages will be enforced as a judgment; and
(d) Explaining that the responsible parent may, within 10 days after the notice is sent, ask for a hearing before the court concerning the amount of the arrearages.
4. The matters to be adjudicated at a hearing are limited to a determination of the amount of the arrearages and the jurisdiction of the court or the governmental entity issuing the order pursuant to an expedited process. At the hearing, the court shall take evidence and determine the amount of the judgment and issue its order for that amount.
5. The court shall determine and include in its order:
(a) Interest upon the arrearages at a rate established pursuant to NRS 99.040, from the time each amount became due; and
(b) A reasonable attorneys fee for the proceeding,
unless the court finds that the responsible parent would experience an undue hardship if required to pay such amounts. Interest continues to accrue on the amount ordered until it is paid, and additional attorneys fees must be allowed if required for collection.
6. If the amount of the judgment for arrearages has been determined by a court of this or any other state or pursuant to an expedited process, no further notice to the responsible parent is necessary for execution for enforcement of that judgment.
[6.] 7. As used in this section, expedited process means a judicial or administrative procedure established by any state or territory or the District of Columbia to facilitate the collection of an obligation for the support of a child.
Sec. 2. NRS 125B.145 is hereby amended to read as follows:
125B.145 1. An order issued by any court or expedited process for the support of a child that is being enforced in this state must be reviewed by the court at least every 3 years pursuant to this section to determine whether the order should be modified or adjusted. If the court determines that modification or adjustment of the order is appropriate, the court shall enter an order modifying or adjusting the previous order for support. Any review of an order for the support of a child must utilize the formula required by NRS 125B.070.
κ1993 Statutes of Nevada, Page 2627 (CHAPTER 627, SB 298)κ
125B.070. The review must be conducted by the court upon the filing of a request for review by:
(a) The welfare division of the department of human resources or the district attorney, if the welfare division or the district attorney has jurisdiction in the case; or
(b) A parent or legal guardian of the child.
2. An order for the support of a child may be reviewed at any time on the basis of changed circumstances.
3. As used in this section, expedited process has the meaning ascribed to it in [subsection 6 of] NRS 125B.140.
Sec. 3. NRS 125B.210 is hereby amended to read as follows:
125B.210 1. Except as otherwise provided in NRS 125B.230, if, in any proceeding where the court has ordered a parent to pay for the support of a minor child:
(a) A declaration is signed under penalty of perjury by the person to whom support has been ordered to have been paid stating that the obligor-parent is in arrears in payment in a sum equal to or greater than the amount of 30 days of payments;
(b) Notice and opportunity for hearing on an application to the court, an order to show cause, or a notice of motion has been given to the obligor-parent; and
(c) The court makes a finding that good cause has been shown and that there exists one or more of the conditions set forth in NRS 125B.240,
the court shall issue to the obligor-parent an order requiring him to deposit assets to secure future payments of support with a trustee designated by the court and to pay reasonable attorneys fees and costs to the person to whom support has been ordered. The court may designate the district attorney, another county officer or any other person as trustee.
2. Upon receipt of the assets, the trustee designated by the court to receive the assets shall use the money or sell or otherwise generate income from the deposited assets for an amount sufficient to pay the arrearage, administrative costs, any amount currently due pursuant to an order of the court for the care, support, education and maintenance of the minor child, interest upon the arrearage, and attorneys fees, if:
(a) The obligor-parent fails, within the time specified by the court, to cure the default in the payment of the support of a child due at the time the trustee receives the deposited assets, or fails to comply with a plan for payment approved by the court;
(b) Further arrears in payments accrue after the trustee receives the deposited assets, or the arrearage specified in the declaration is not paid current within any 30-day period following the trustees receipt of the assets;
(c) No fewer than 25 days before the sale or use of the assets, written notice of the trustees intent to sell or use the assets is served personally on the obligor-parent or is mailed to the obligor-parent by certified mail, return receipt requested; and
(d) A motion or order to show cause has not been filed to stop the use or sale, or if filed, has been denied by the court.
κ1993 Statutes of Nevada, Page 2628 (CHAPTER 627, SB 298)κ
The sale of assets must be conducted in accordance with the provisions set forth in NRS 21.130 to 21.260, inclusive, governing the sale of property under execution.
3. To cover his administrative costs, the trustee may deduct from the deposited money all actual costs incurred in a sale and 5 percent of each payment made pursuant to subsection 2.
Sec. 4. NRS 11.190 is hereby amended to read as follows:
11.190 Except as otherwise provided in section 1 of [this act,] Senate Bill No. 291 of this session and NRS 125B.050, actions other than those for the recovery of real property, unless further limited by specific statute, can only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term livestock, which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.
(d) Except as otherwise provided in NRS 112.230, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.
(e) An action pursuant to NRS 40.545 for damages sustained by a financial institution because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution of the facts constituting the concealment or false statement.
4. Within 2 years:
κ1993 Statutes of Nevada, Page 2629 (CHAPTER 627, SB 298)κ
(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the state, or both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
Sec. 5. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section:
(a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.
(e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.
(f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtors equity does not exceed $1,500 or the creditor is paid an amount equal to any excess above that equity.
(g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater.
κ1993 Statutes of Nevada, Page 2630 (CHAPTER 627, SB 298)κ
minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in [paragraph (n),] paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.
(l) The homestead as provided for by law.
(m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $95,000 in value and the dwelling is situate upon lands not owned by him.
(n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that states income tax on benefits received from a pension or other retirement plan.
(o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.
(p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
(q) Money, not to exceed $100,000 in present value, held in:
(1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
κ1993 Statutes of Nevada, Page 2631 (CHAPTER 627, SB 298)κ
(2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code; and
(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).
(r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.
(s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
2. No article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.
Sec. 6. NRS 31.045 is hereby amended to read as follows:
31.045 1. Execution on the writ of attachment by attaching property of the defendant may occur only if:
(a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or
(b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.
If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
Plaintiff, .................... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment, the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received pursuant to the Social Security Act.
κ1993 Statutes of Nevada, Page 2632 (CHAPTER 627, SB 298)κ
2. Payments for benefits or the return of contributions under the public employees retirement system.
3. Payments for public assistance granted through the welfare division of the department of human resources.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as unemployment compensation.
7. Veterans benefits.
8. A homestead in a dwelling or a mobile home, not to exceed $95,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
9. A vehicle, if your equity in the vehicle is less than $1,500.
10. Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.
11. Money, not to exceed $100,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).
12. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.
13. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
14. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
[13.] 15. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .. (name of organization in county providing legal services to the indigent or elderly persons).
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption.
κ1993 Statutes of Nevada, Page 2633 (CHAPTER 627, SB 298)κ
a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.
IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.
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Senate Bill No. 221Committee on Finance
CHAPTER 628
AN ACT relating to public officers; creating a commission to review the compensation of constitutional officers, legislators, supreme court justices, district judges and elected county officers; providing the duties of the commission; making an appropriation to the legislative fund for the expenses incurred by the commission; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, commission means the commission to review the compensation of constitutional officers, legislators, supreme court justices, district judges and elected county officers which is created pursuant to section 3 of this act.
κ1993 Statutes of Nevada, Page 2634 (CHAPTER 628, SB 221)κ
Sec. 3. 1. There is hereby created a commission to review the compensation of constitutional officers, legislators, supreme court justices, district judges and elected county officers, consisting of nine members.
2. The members must be appointed by the following persons:
(a) One member by the speaker of the assembly.
(b) One member by the majority leader of the senate.
(c) One member by the minority leader of the assembly.
(d) One member by the minority leader of the senate.
(e) Two members by the chief justice of the supreme court.
(f) Three members by the governor.
3. The commission shall elect a chairman and such other officers as it deems necessary from among its members.
4. A current officer or employee of the state or any of its political subdivisions must not be appointed as a member of the commission.
5. The members appointed by the governor must be selected in the following manner:
(a) Two members, one from each congressional district, who do not belong to the same political party.
(b) One member from a list of three nominees submitted by the Nevada Association of Counties.
Sec. 4. 1. Members of the commission must be appointed on or before January 15 of each even-numbered year. The director of the legislative counsel bureau must be notified of the appointment of each member.
2. The term of each member of the commission expires at the end of the next regular session of the legislature following the appointment. Members are eligible for reappointment.
3. A member of the commission may be removed by the governor before the expiration of his term for misconduct in office, incompetence or neglect of duty.
4. If a vacancy occurs in the membership of the commission, the governor shall appoint a person to fill the vacancy for the remainder of the unexpired term.
Sec. 5. 1. Each member of the commission is entitled to receive $80 for each day that he attends a regularly called meeting of the commission.
2. The first meeting of the commission must be held on or before June 15 of the year in which the members are appointed. Thereafter, the chairman shall call meetings of the commission as often as he deems necessary.
3. The director of the legislative counsel bureau shall provide the commission with administrative support.
Sec. 6. A majority of the members of the commission constitutes a quorum to transact business. The affirmative vote of five members is required to approve the recommendations of the commission regarding compensation.
Sec. 7. 1. The commission shall:
(a) Review the compensation paid to constitutional officers, supreme court justices, district judges and elected county officers.
(b) Review the compensation paid to the members of the legislature during and between legislative sessions.
(c) Hold public hearings to discuss the issues and receive public comment.
κ1993 Statutes of Nevada, Page 2635 (CHAPTER 628, SB 221)κ
(d) If it determines that changes in legislation are required, request the assistance of the legislative counsel in the preparation of a bill draft on or before November 15 of each even-numbered year. Upon completion of the bill draft, the legislative counsel shall deliver the bill draft to the appropriate standing committee of the assembly or senate within the first week of the next regular legislative session for introduction.
2. In reviewing the issues of compensation required by subsection 1, the commission shall:
(a) Compare the current salaries of persons with similar qualifications who are employed by the State of Nevada and in the public sector;
(b) Determine the minimum salary required to attract and retain experienced and competent persons; and
(c) Consider the average number of days that legislators serve during their term, the amount of work required of legislators when the legislature is not in regular session, and the opportunities they have to earn additional income from outside sources.
3. The commission may recommend that any increase in the compensation of a county officer apply retroactively if not prohibited by law.
Sec. 8. NRS 218.201, 218.202, 218.203, 218.204, 218.205 and 218.206 are hereby repealed.
Sec. 9. 1. There is hereby appropriated from the state general fund to the legislative fund the sum of $6,900 for expenses incurred by the commission to review the salaries of constitutional officers, legislators, supreme court justices, district judges and elected county officers in carrying out the provisions of sections 2 to 7, inclusive, of this act.
2. Any remaining balance of the appropriation made by this section must not be committed for expenditure after June 30, 1995, and reverts to the state general fund as soon as all payments of money committed have been made.
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κ1993 Statutes of Nevada, Page 2636κ
Senate Bill No. 174Senators Coffin, Brown, Callister, Glomb, Hickey, Nevin, ODonnell, Titus and Townsend
CHAPTER 629
AN ACT relating to meetings of public bodies; prohibiting the consideration of the character, alleged misconduct, professional competence, or physical or mental health of an elected member of a public body at a closed meeting; requiring a public body to give written notice to a person whose character, alleged misconduct, professional competence, or physical or mental health will be considered in a meeting; revising the requirement for prior written notice of a meeting; requiring the closed portion of a public meeting to be recorded if the public meeting is recorded; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 241 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A public body shall not hold a closed meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of an elected member of a public body.
Sec. 3. 1. A public body shall not hold a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person unless it has given written notice to that person of the time and place of the meeting. Except as otherwise provided in subsection 2, the written notice must be:
(a) Delivered personally to that person at least 5 working days before the meeting; or
(b) Sent by certified mail to the last known address of that person at least 21 working days before the meeting.
A public body must receive proof of service of the notice required by this subsection before such a meeting may be held.
2. The Nevada athletic commission is exempt from the requirements of paragraphs (a) and (b) of subsection 1, but must give written notice of the time and place of the meeting and must receive proof of service of the notice before the meeting may be held.
3. A public body shall provide a copy of any record of a closed meeting prepared pursuant to NRS 241.035, upon the request of any person whose character, alleged misconduct, professional competence, or physical or mental health was considered at the meeting.
Sec. 4. NRS 241.020 is hereby amended to read as follows:
241.020 1. Except as otherwise specifically provided by statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these bodies. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.
2. Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:
(a) The time, place and location of the meeting.
κ1993 Statutes of Nevada, Page 2637 (CHAPTER 629, SB 174)κ
(b) A list of the locations where the notice has been posted.
(c) An agenda consisting of:
(1) A clear and complete statement of the topics scheduled to be considered during the meeting.
(2) A list and description of the items to be voted on during the meeting which must be clearly denoted as items on which action will be taken.
(3) A period devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action will be taken pursuant to subparagraph (2).
3. Minimum public notice is:
(a) A copy of the notice posted at the principal office of the public body, or if there is no principal office, at the building in which the meeting is to be held, and at least three other separate, prominent places within the jurisdiction of the public body [;] not later than 9 a.m. 3 working days before the meeting; and
(b) Mailing a copy of the notice to any person who has requested notice of the meetings of the body in the same manner in which notice is required to be mailed to a member of the body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with or notation upon the first notice sent. The notice must be delivered to the postal service used by the body not later than 9 a.m. 3 working days before the meeting.
4. As used in this section, emergency means an unforeseen circumstance which requires immediate action and includes, but is not limited to:
(a) Disasters caused by fire, flood, earthquake or other natural causes; or
(b) Any impairment of the health and safety of the public.
Sec. 5. NRS 241.030 is hereby amended to read as follows:
241.030 1. [Nothing] Except as otherwise provided in sections 2 and 3 of this act, nothing contained in this chapter prevents a public body from holding a closed meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.
2. A public body may close a meeting upon a motion which specifies the nature of the business to be considered.
3. This chapter does not:
(a) Apply to judicial proceedings.
(b) Prevent the removal of any person who willfully disrupts a meeting to the extent that its orderly conduct is made impractical.
(c) Prevent the exclusion of witnesses from a public or private meeting during the examination of another witness.
(d) Require that any meeting be closed to the public.
(e) Permit a closed meeting for the discussion of the appointment of any person to public office or as a member of a public body.
4. The exception provided by this section, and electronic communication, must not be used to circumvent the spirit or letter of this chapter in order to discuss or act upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
κ1993 Statutes of Nevada, Page 2638 (CHAPTER 629, SB 174)κ
Sec. 6. NRS 241.035 is hereby amended to read as follows:
241.035 1. Each public body shall keep written minutes of each of its meetings, including:
(a) The date, time and place of the meeting.
(b) Those members of the body who were present and those who were absent.
(c) The substance of all matters proposed, discussed or decided and, at the request of any member, a record of each members vote on any matter decided by vote.
(d) The substance of remarks made by any member of the general public who addresses the body if he requests that the minutes reflect his remarks or, if he has prepared written remarks, a copy of his prepared remarks if he submits a copy for inclusion.
(e) Any other information which any member of the body requests to be included or reflected in the minutes.
2. Minutes of public meetings are public records. Minutes or audiotape recordings of the meetings must be made available for inspection by the public within 30 working days after the adjournment of the meeting at which taken. The minutes shall be deemed to have permanent value and must be retained by the public body for at least 5 years. Thereafter, the minutes may be transferred for archival preservation in accordance with NRS 239.080 to 239.125, inclusive. Minutes of meetings closed pursuant to NRS 241.030 become public records when the body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was discussed has consented to their disclosure. That person is entitled to a copy of the minutes upon request whether or not they become public records.
3. All or part of any meeting of a public body may be recorded on audiotape or any other means of sound or video reproduction by a member of the general public if it is a public meeting so long as this in no way interferes with the conduct of the meeting.
4. Each public body may record on audiotape or any other means of sound reproduction each of its meetings, whether public or closed. If a meeting is so recorded:
(a) The record must be retained by the public body for at least 1 year after the adjournment of the meeting at which it was recorded.
(b) The record of a public meeting is a public record and must be made available for inspection by the public during the time the record is retained. Any record made pursuant to this subsection must be made available to the attorney general upon request.
5. If a public body elects to record a public meeting pursuant to the provisions of subsection 4, any portion of that meeting which is closed must also be recorded and must be retained and made available for inspection pursuant to the provisions of subsection 2 relating to records of closed meetings. Any record made pursuant to this subsection must be made available to the attorney general upon request.
κ1993 Statutes of Nevada, Page 2639 (CHAPTER 629, SB 174)κ
Sec. 7. NRS 634.040 is hereby amended to read as follows:
634.040 1. The board shall hold regular meetings to transact business semiannually. [Special] Emergency meetings may be called by the president or by any three members.
2. Except in an emergency, written notice of each meeting must be given at least 3 working days before the meeting. The notice must include the time, place, location and agenda of the meeting.
3. Each meeting must be held in this state at a place designated by the president and the secretary.
Sec. 8. 1. This section and sections 1 and 2 of this act become effective upon passage and approval.
2. Sections 3 to 7, inclusive, of this act become effective on October 1, 1993.
________
Senate Bill No. 61Committee on Human Resources and Facilities
CHAPTER 630
AN ACT relating to sanitation; eliminating privies and cesspools as an acceptable method of sewage disposal; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444.160 is hereby amended to read as follows:
444.160 [1. For every such camp there shall be provided] Every construction or labor camp must have convenient and suitable [privy or other] toilet facilities [, which shall] or portable facilities for temporarily holding sewage that is treated with chemicals which must be kept in a clean and sanitary state.
[2. A privy other than a water closet shall consist of a pit at least 2 feet deep, with suitable shelter over the same, and the openings of the shelter and pit shall be enclosed by screening or other suitable fly netting.
3. No privy pit shall be filled with excreta to nearer than 1 foot from the surface of the ground, and the excreta in the pit shall be covered with earth, ashes, lime or other similar substance.] The toilet facilities and portable facilities must conform to the provisions of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, as adopted by the health division, and all applicable administrative regulations which pertain to the disposal of sewage.
Sec. 2. NRS 444.270 is hereby amended to read as follows:
444.270 1. Every childrens camp [shall be provided with privies or with] must have suitable toilets and [with] disposal systems [meeting minimum health requirements of the board of health of the appropriate health district or county.
κ1993 Statutes of Nevada, Page 2640 (CHAPTER 630, SB 61)κ
2. One toilet or one privy shall be provided] or portable facilities for temporarily holding sewage that is treated with chemicals which conform to the provisions of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, as adopted by the health division, and all applicable administrative regulations which pertain to the disposal of sewage.
2. A childrens camp must provide one toilet or portable facility for every 15 persons or fraction thereof in the camp population.
[3. Privies shall be located at least 125 feet from any source of domestic water and shall at all times be maintained in good repair and in a clean and sanitary condition.]
Sec. 3. NRS 447.160 is hereby amended to read as follows:
447.160 1. Every hotel in this state [shall] must have proper facilities for sewage disposal and [shall] must be kept free from effluvia arising from any sewer, drain, [privy, cesspool] toilet or other source within the control of the proprietor, owner, manager, agent or other person in charge.
2. Any [water closet, privy or cesspool] toilet in connection with any hotel [shall] must be disinfected as often as may be necessary to keep it in a sanitary condition at all times.
Sec. 4 This act becomes effective upon passage and approval.
________
Senate Bill No. 19Committee on Finance
CHAPTER 631
AN ACT relating to water; providing in certain counties for the protection of domestic wells from impairment for other uses and for the redress of impairment if it occurs; authorizing the Las Vegas Valley water district to issue bonds at the request of the Southern Nevada Water Authority; authorizing the Colorado River commission to issue additional bonds; repealing the Colorado River commissions authority to issue certain bonds; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.024 is hereby amended to read as follows:
533.024 The legislature declares that it is the policy of this state [to] :
1. To encourage and promote the use of effluent, where [such] that use is not contrary to the public health, safety or welfare, and where [such] that use does not interfere with federal obligations to deliver [Colorado River water.] water of the Colorado River.
2. In a county whose population is less than 400,000, to recognize the importance of domestic wells as appurtenances to private homes, to create a protectible interest in such wells and to protect their supply of water from unreasonable adverse effects caused by municipal, quasi-municipal or industrial uses.
κ1993 Statutes of Nevada, Page 2641 (CHAPTER 631, SB 19)κ
Sec. 2. NRS 533.360 is hereby amended to read as follows:
533.360 1. Except as otherwise provided in subsection [3,] 4, NRS 533.345 and subsection 3 of NRS 533.370, when an application is filed in compliance with this chapter the state engineer shall, within 30 days, publish or cause to be published for a period of 4 consecutive weeks, in a newspaper of general circulation and printed and published in the county where the water is sought to be appropriated, a notice of the application, which sets forth:
(a) That the application has been filed.
(b) The date of the filing.
(c) The name and address of the applicant.
(d) The name of the source from which the appropriation is to be made.
(e) The location of the place of diversion [.] , described by legal subdivision or metes and bounds and by a physical description of that place of diversion.
(f) The purpose for which the water is to be appropriated.
The publisher shall add thereto the date of the first publication and the date of the last publication.
2. Except as otherwise provided in subsection [3,] 4, proof of publication must be filed within 30 days after the final day of publication. The state engineer shall pay for the publication from the application fee. If the application is canceled for any reason before publication, the state engineer shall return to the applicant that portion of the application fee collected for publication.
3. If the application is for a proposed well:
(a) In a county whose population is less than 400,000;
(b) For municipal, quasi-municipal or industrial use; and
(c) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,
the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to his address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the state engineer before he may consider the application.
4. The provisions of this section do not apply to an environmental permit.
Sec. 3. NRS 534.110 is hereby amended to read as follows:
534.110 1. The state engineer shall administer this chapter and shall prescribe all necessary [rules and] regulations within the terms of this chapter for [such] its administration.
2. The state engineer may:
(a) Require periodical statements of water elevations, water used, and acreage on which water was used from all holders of permits and claimants of vested rights.
(b) Upon his own initiation, conduct pumping tests to determine if overpumping is indicated, to determine the specific yield of the aquifers and to determine permeability characteristics.
κ1993 Statutes of Nevada, Page 2642 (CHAPTER 631, SB 19)κ
3. The state engineer shall determine [if] whether there is unappropriated water in the area affected and may issue permits only if [such] the determination is affirmative. The state engineer shall require each applicant to whom a permit is issued for a well:
(a) In a county whose population is less than 400,000;
(b) For municipal, quasi-municipal or industrial use; and
(c) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,
to report periodically to the state engineer concerning the effect of that well on other previously existing wells that are located within 2,500 feet of the well.
4. It [shall be an express] is a condition of each appropriation of ground water acquired under this chapter that the right of the appropriator [shall relate] relates to a specific quantity of water and that [such] the right must allow for a reasonable lowering of the static water level at the appropriators point of diversion. In determining [such] a reasonable lowering of the static water level in a particular area, the state engineer shall consider the economics of pumping water for the general type of crops growing and may also consider the effect of [water use] using water on the economy of the area in general.
5. [Nothing herein shall be so construed as to] This section does not prevent the granting of permits to applicants later in time on the ground that the diversions under [such] the proposed later appropriations may cause the water level to be lowered at the point of diversion of a prior appropriator, so long as the rights of holders of existing appropriations can be satisfied under such express conditions. At the time a permit is granted for a well:
(a) In a county whose population is less than 400,000;
(b) For municipal, quasi-municipal or industrial use; and
(c) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,
the state engineer shall include as a condition of the permit that pumping water pursuant to the permit may be limited or prohibited to prevent any unreasonable adverse effects on an existing domestic well located within 2,500 feet of the well, unless the holder of the permit and the owner of the domestic well have agreed to alternative measures that mitigate those adverse affects.
6. The state engineer shall conduct investigations in any basin or portion thereof where it appears that the average annual replenishment to the ground water supply may not be adequate for the needs of all permittees and all vested-right claimants, and if his findings so indicate the state engineer may order that withdrawals be restricted to conform to priority rights.
7. In any basin or portion thereof in the state designated by the state engineer, the state engineer may restrict drilling of wells in any portion thereof if he determines that additional wells would cause an undue interference with existing wells. Any order or decision of the state engineer so restricting drilling of such wells may be reviewed by the district court of the county pursuant to NRS 533.450.
κ1993 Statutes of Nevada, Page 2643 (CHAPTER 631, SB 19)κ
Sec. 4. Chapter 167, Statutes of Nevada 1947, as last amended by chapter 544, Statutes of Nevada 1991, at page 1714, is hereby amended by adding thereto a new section to be designated as section 27 to read as follows:
Sec. 27. 1. At the request of the Southern Nevada Water Authority, to pay all or any part of the cost of one or more water projects, the district may issue special obligations of the district which are secured by, or general obligations of the district which are additionally secured by:
(a) Revenue derived from any water project owned, constructed, acquired or improved by the Southern Nevada Water Authority;
(b) Revenue made available to the district for payment of debt service by the Southern Nevada Water Authority or any member; or
(c) Any combination of paragraphs (a) and (b) of this subsection.
Any revenue pledged by the Southern Nevada Water Authority or any member pursuant to this subsection may be treated as pledged revenue of the water project for the purpose of subsection 2 of NRS 350.020.
2. The Southern Nevada Water Authority or any member may contract with the district to make specified revenue available to the district for the payment of debt service. Such a contract must be irrevocable for the term of the obligations secured by the contract or any obligations refunding those obligations.
3. The provisions of chapter 350 of NRS govern the issuance of general or special obligations pursuant to this section.
4. Subject to any lien imposed for the benefit of the owners of bonds:
(a) The proceeds of any bonds issued pursuant to this section must be expended at the direction of the Southern Nevada Water Authority; and
(b) Title to any water project financed with obligations issued pursuant to this section must be held by the Southern Nevada Water Authority.
5. To ensure whole or partial payment of the special or general obligations of the district issued pursuant to this section, the payment of which is secured by a pledge of the revenue derived from a water project, the Southern Nevada Water Authority shall establish, maintain, and if necessary, periodically revise a schedule or schedules of fees, rates and charges for services and facilities provided by the water project. The fees, rates and charges must:
(a) Produce sufficient revenue to ensure the payment of the general or special obligations of the district and to discharge any covenant in the proceedings of the district authorizing the issuance of any of those obligations, including any covenant for the establishment of reasonable reserve funds; and
(b) Produce sufficient revenue to pay the:
(1) Expenses associated with the operation and maintenance of works and properties;
(2) Expenses associated with providing services; and
(3) General expenses,
of the Southern Nevada Water Authority.
6. As used in this section, unless the context otherwise requires:
(a) Member means a member of the Southern Nevada Water Authority.
κ1993 Statutes of Nevada, Page 2644 (CHAPTER 631, SB 19)κ
(b) Water project means facilities pertaining to a water system for the collection, transportation, treatment, purification and distribution of water, including, without limitation, springs, wells, ponds, lakes, water rights, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers and other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof.
Sec. 5. Section 7 of chapter 482, Statutes of Nevada 1975, as last amended by chapter 198, Statutes of Nevada 1991, at page 368, is hereby amended to read as follows:
Sec. 7. 1. The commission, on the behalf and in the name of the state, may:
(a) Acquire, hold, improve and equip the facilities;
(b) Acquire, hold, improve, equip and dispose of properties appertaining to the facilities, including, without limitation water and water rights, for the benefit and welfare of the people of the state;
(c) Acquire, improve and equip the facilities and electric properties, wholly or in part, directly by construction contract or indirectly by contract with the Federal Government, or otherwise, or any combination thereof, as the commission may from time to time determine; and
(d) Borrow money and otherwise become obligated in a total principal amount:
(1) Not exceeding $63,000,000 to defray wholly or in part the cost of acquiring, improving and equipping the state facilities, and issue state securities to evidence such obligations;
(2) Not exceeding $11,000,000 to defray wholly or in part the cost of improving a section of the Las Vegas Valley Lateral, a conduit of the Robert B. Griffith Water Project supplying water for industrial and municipal use, in order to protect it from erosion, and issue state securities to evidence such obligations;
(3) Not exceeding $10,000,000 to defray wholly or in part the cost of emergency replacement or repair of the facilities or any properties appertaining to the facilities, and issue state securities to evidence such obligations;
(4) Not exceeding [$8,910,000] $11,000,000 to defray wholly or in part the cost of acquiring, improving and equipping additional and existing laboratory, maintenance, operations and administrative facilities at the state facility;
κ1993 Statutes of Nevada, Page 2645 (CHAPTER 631, SB 19)κ
(5) Not exceeding $3,930,000 to defray wholly or in part the cost of restoring and replacing the communications network of the Southern Nevada Water System;
(6) Not exceeding $100,000,000 to repay in full to the Federal Government at a discount the remaining unpaid reimbursable costs of the federal facilities;
(7) Not exceeding $175,000,000 to defray wholly or in part the cost of acquiring, improving and equipping existing and supplemental state and federal facilities;
(8) Not exceeding $40,000,000 to defray wholly or in part the cost of acquiring, improving and equipping existing and additional facilities to disinfect the water supply so that the quality of the water will comply with federal requirements regarding water quality; and
(9) Not exceeding [$4,000,000] $10,000,000 to defray wholly or in part the cost of acquiring, improving, equipping or replacing computers, computer programs and equipment for the treatment, testing, processing and delivery of water in and through the facilities.
2. The power to issue securities in a principal amount not more than $11,000,000 under subparagraph (2) of paragraph (d), $10,000,000 under subparagraph (3) of paragraph (d), [$8,910,000] $11,000,000 under subparagraph (4) of paragraph (d), $3,930,000 under subparagraph (5) of paragraph (d), $175,000,000 under subparagraph (7) of paragraph (d), $40,000,000 under subparagraph (8) of paragraph (d) and [$4,000,000] $10,000,000 under subparagraph (9) of paragraph (d) respectively, of subsection 1 increases or decreases to the extent justified by reason of changes in procurement costs between:
(a) December 31, 1984, for the purposes of subparagraphs (2) and (3) of paragraph (d) of subsection 1;
(b) December 31, [1988,] 1992, for the purposes of subparagraphs (4) and (5) of paragraph (d) of subsection 1; and
(c) December 31, 1990, for the purposes of subparagraphs (7), (8) and (9) of paragraph (d) of subsection 1,
and the date of procurement as indicated by engineering cost indexes applicable to this type of procurement. The power to issue such securities for the purposes of subparagraphs (2), (3), (4), (5), (7), (8) and (9) of paragraph (d) of subsection 1 decreases to the extent that the Congress by federal act appropriates money, the Bureau of Reclamation allots money and the Federal Government is obligated to pay earnings under contract for the purposes specified in those subparagraphs or any part thereof.
________
κ1993 Statutes of Nevada, Page 2646κ
Senate Bill No. 566Committee on Commerce and Labor
CHAPTER 632
AN ACT relating to occupations; prohibiting the practice of cosmetology or barbering without suitable outer garments; requiring the state barbers health and sanitation board and the state board of cosmetology to adopt regulations prescribing standards for such garments; providing penalties; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 643 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for a person to engage in the practice of barbering unless he is wearing clean outer garments which are suitable to allow the safe and hygienic practice of barbering.
2. The board shall adopt regulations which prescribe standards for the garments required by subsection 1.
Sec. 2. Chapter 644 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for a person to engage in the practice of any branch of cosmetology unless he is wearing clean outer garments which are suitable to allow the safe and hygienic practice of cosmetology.
2. The board shall adopt regulations which prescribe standards for the garments required by subsection 1.
Sec. 3. This act becomes effective upon passage and approval for the purpose of adopting the regulations required by subsection 2 of sections 1 and 2 of this act and on October 1, 1993, for all other purposes.
________
Senate Bill No. 573Committee on Government Affairs
CHAPTER 633
AN ACT relating to property interests of the State of Nevada; requiring the state land registrar to release the reversionary right in the State of Nevada upon the use of certain real property to the City of Reno; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The state land registrar, on behalf of the State of Nevada, shall release the reversionary right in the State of Nevada upon the use for any purpose other than parks and recreation of the parcel in the deed from the State of Nevada to the City of Reno filed in the Washoe County recorders office on July 11, 1973, in the Official Records as Document Number 293533, Book 746, Page 434, by quitclaim deed, to the City of Reno, on the parcel of land situated in the City of Reno, County of Washoe, State of Nevada, and more particularly described as follows:
κ1993 Statutes of Nevada, Page 2647 (CHAPTER 633, SB 573)κ
parcel of land situated in the City of Reno, County of Washoe, State of Nevada, and more particularly described as follows:
A portion of the northwest quarter of Section 7, Township 19 North, Range 20 East, M.D.B. & M., Washoe County, Nevada being more particularly described as follows:
Commence at the northwest corner of said Section 7; thence S. 0°3602″ W., 695.39 feet along the west line of said Section to a point on the south line of the Southern Pacific Railroad; the point of beginning; thence N. 80°0032″ E. 316.02 feet along said line to a point on the west line of the north-south freeway, U.S. 395; thence S. 29°1116″ E. 605.67 feet to a point on the north line of Kietzke Lane; thence westerly along said north line of Kietzke Lane, on a 1250.00 foot radius curve to the left from a tangent bearing S. 63°0502″ W., through a central angel of 2°4503″ and an arc length of 60.01 feet; thence leaving the north line of Kietzke Lane proceed N. 29°1116″ W. 255.02 feet; thence S. 60°4844″ W. 498.12 feet; thence N. 0°3602″ E. 522.69 feet to the point of beginning. Said parcel contains an area of 4.455 acres of land more or less.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 563Senator Jacobsen
CHAPTER 634
AN ACT relating to the administration of motor vehicle laws; transferring the highway patrol special account from the state general fund to the state highway fund; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.145 is hereby amended to read as follows:
481.145 1. The Nevada highway patrol must be augmented by, in addition to the personnel provided by NRS 481.140, supplementary troopers to the extent permitted by the money available, but the total number of troopers must not exceed the number specified for a particular fiscal year by the legislature.
2. The director shall appoint those additional troopers as soon after the beginning of each fiscal year as he can determine the amount of money which is available for that purpose.
3. The department shall transfer biweekly $6 for every motor vehicle registered during the next preceding 2 weeks pursuant to the provisions of chapter 482 of NRS or NRS 706.801 to 706.861, inclusive, to the highway patrol special account, which is hereby created in the state [general] highway fund.
κ1993 Statutes of Nevada, Page 2648 (CHAPTER 634, SB 563)κ
fund. The money in the account must be used only for the purpose specified in subsection 1.
Sec. 2. NRS 482.180 is hereby amended to read as follows:
482.180 1. The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.
2. The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.
3. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.
4. Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.
5. The privilege tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:
Carson City ........ 1.07 percent Lincoln .................... 3.12 percent
Churchill .............. 5.21 percent Lyon ........................ 2.90 percent
Clark .................... 22.54 percent Mineral .................... 2.40 percent
Douglas ............... 2.52 percent Nye ........................... 4.09 percent
Elko ...................... 13.31 percent Pershing ................... 7.00 percent
Esmeralda ........... 2.52 percent Storey ...................... .19 percent
Eureka ................. 3.10 percent Washoe ................... 12.24 percent
Humboldt ........... 8.25 percent White Pine ............... 5.66 percent
Lander ................. 3.88 percent
The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.
6. As commission to the state for collecting the privilege tax on vehicles subject to the provisions of this chapter and chapter 706 of NRS, the department is entitled to retain 1 percent of the privilege tax collected by a county assessor and 6 percent of the other privilege tax collected.
7. When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
8. If a statute requires that any money in the motor vehicle fund be transferred to another fund or account, the department shall direct the controller to transfer the money in accordance with the statute.
Sec. 3. On July 1, 1993, the state controller shall transfer the balance of the highway patrol special account in the state general fund, which is abolished pursuant to the amendatory provisions of section 1 of this act, to the highway patrol special account in the state highway fund, which is created pursuant to the amendatory provisions of that section.
κ1993 Statutes of Nevada, Page 2649 (CHAPTER 634, SB 563)κ
highway patrol special account in the state highway fund, which is created pursuant to the amendatory provisions of that section.
Sec. 4. This act becomes effective on July 1, 1993.
________
Senate Bill No. 561Senator Nevin
CHAPTER 635
AN ACT relating to taxicabs; providing in certain counties authorization for a person who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business to lease a taxicab to certain persons as independent contractors; providing a penalty; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. In a county whose population is less than 400,000, a person who holds a certificate of public convenience and necessity which was issued from the operation of a taxicab business may, upon approval from the commission, lease a taxicab to an independent contractor who does not hold a certificate of public convenience and necessity. A person may lease only one taxicab to each independent contractor with whom he enters into a lease agreement. The taxicab may be used only in a manner authorized by the lessors certificate of public convenience and necessity.
2. A person who enters into a lease agreement with an independent contractor pursuant to this section shall submit a copy of the agreement to the commission for its approval. The agreement is not effective until approved by the commission.
3. A person who leases a taxicab to an independent contractor is jointly and severally liable with the independent contractor for any violation of the provisions of this chapter or the regulations adopted pursuant thereto, and shall ensure that the independent contractor complies with such provisions and regulations.
4. The commission or any of its employees may intervene in a civil action involving a lease agreement entered into pursuant to this section.
Sec. 3. 1. The commission shall adopt such regulations as are necessary to:
(a) Carry out the provisions of section 2 of this act; and
(b) Ensure that the taxicab business remains safe, adequate and reliable.
2. Such regulations must include, without limitation:
(a) The minimum qualifications for an independent contractor;
(b) Requirements related to liability insurance;
(c) Minimum safety standards; and
κ1993 Statutes of Nevada, Page 2650 (CHAPTER 635, SB 561)κ
(d) The procedure for approving a lease agreement and the provisions that must be included in a lease agreement concerning the grounds for the revocation of such approval.
Sec. 4. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.013 to 706.791, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 706.101 is hereby amended to read as follows:
706.101 Operator means a person, other than a lienholder, having a property interest in or title to a vehicle. [The] Except as otherwise provided in this section, the term includes a person entitled to the use and possession of a vehicle under a lease or contract for the purpose of transporting persons or property. The term does not include a person who is the lessee of a taxicab pursuant to section 2 of this act.
Sec. 6. NRS 706.126 is hereby amended to read as follows:
706.126 1. Taxicab motor carrier means any person who operates a taxicab.
2. Taxicab motor carrier does not include [any] :
(a) Any employer operating a vehicle for the transportation of his employees, whether or not the employees pay for the transportation.
(b) A person who is the lessee of a taxicab pursuant to section 2 of this act.
Sec. 7. NRS 706.471 is hereby amended to read as follows:
706.471 1. Each taxicab motor carrier shall, before commencing the operation defined in NRS 706.126 and annually thereafter, pay to the commission for each taxicab which it operates, including each taxicab it leases pursuant to section 2 of this act, a fee of not more than $75 as determined by a regulation of the commission.
2. The fee provided in this section must be paid on or before January 1 of each year.
3. The initial fee must be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year in which operation is begun.
4. Any person who fails to pay any fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.
________
κ1993 Statutes of Nevada, Page 2651κ
Senate Bill No. 560Committee on Taxation
CHAPTER 636
AN ACT relating to taxation; extending the time for recording a notice of the lien of certain taxes on transient lodging; clarifying the priority of a lien for unpaid taxes on transient lodging; authorizing a county fair and recreation board to suspend the business license and close a transient lodging facility for the failure to remit taxes on transient lodging when due; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in subsection 2, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Except as otherwise provided in NRS 244.3359, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.
3. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of chapter 364A of NRS. The county license board shall provide upon request an application for a business license pursuant to chapter 364A of NRS.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
5. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within [90 days] 6 months following the date on which the tax became delinquent, a notice of the tax lien containing the following:
κ1993 Statutes of Nevada, Page 2652 (CHAPTER 636, SB 560)κ
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
6. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
Sec. 2. NRS 244A.645 is hereby amended to read as follows:
244A.645 In connection with any license taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with NRS 244A.597 to 244A.655, inclusive, the county fair and recreation board of any county, upon behalf of the county, in addition to powers elsewhere conferred, may:
1. Collect the proceeds of such taxes from time to time, receive, control, invest and order the expenditure of all money pertaining thereto, prescribe a procedure therefor, including, but not limited [to enforcing] to:
(a) Enforcing the collection of any delinquent taxes and providing penalties in connection therewith, including, without limitation, the suspension of the business license issued by a county, city or town to a transient lodging facility and the closure of a transient lodging facility for failure to pay the tax on transient lodging; and [create]
(b) Creating an office and [hire] hiring personnel therefor.
2. Defray the reasonable costs of collecting and otherwise administering such taxes from not exceeding 10 percent of the gross revenues so collected, excluding from this limitation and from those gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer. The incorporated cities collectively and any county may enter into an agreement with the board for the payment of collection fees which may be more or less than 10 percent of the gross revenues collected by a particular city or the county, except that the total payment of collection fees to all the cities and the county must not exceed 10 percent of the combined gross revenues so collected.
κ1993 Statutes of Nevada, Page 2653 (CHAPTER 636, SB 560)κ
3. Defray further with the proceeds of any such tax the costs of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby, of operating and maintaining recreational facilities under the jurisdiction of the board, including, without limiting the generality of the foregoing, the payment of reasonable promotional expenses pertaining thereto, payment of reasonable expenses pertaining to the promotion of tourism and gaming generally, both individually and through grants to the chambers of commerce of the incorporated cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive, including, but not limited to, making annual grants to the state, the county and incorporated cities in the county for capital improvements for recreational facilities, and of constructing, purchasing or otherwise acquiring any such recreational facilities.
4. Redeem any general obligation bonds of the county issued pursuant to NRS 244A.597 to 244A.655, inclusive, principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.
5. Make contracts from time to time concerning any such license taxes, notwithstanding any such contract may limit the exercise of powers pertaining thereto, including the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax; but no such change may be made which prejudicially affects any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive, and each other political subdivision assigning or appropriating such taxes pertaining thereto must consent to any such modification.
6. Make rules and regulations concerning such license taxes, and provide penalties for the failure to comply therewith.
Sec. 3. NRS 268.095 is hereby amended to read as follows:
268.095 1. The city council or other government body of each incorporated city in the State of Nevada, whether organized under general law or special charter, may:
(a) Except as otherwise provided in NRS 268.0968, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) Assign the proceeds of any one or more such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
κ1993 Statutes of Nevada, Page 2654 (CHAPTER 636, SB 560)κ
(5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
(c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general obligations issued by the city for a purpose authorized by the City Bond Law, NRS 268.672 to 268.740, inclusive.
(d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:
(1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the City Bond Law, NRS 268.672 to 268.740, inclusive;
(2) For the expense of operating or maintaining, or both, any facilities of the city; and
(3) For any other purpose for which other money of the city may be used.
2. The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as pledged revenues for the purposes of NRS 350.020.
3. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of chapter 364A of NRS. The city licensing agency shall provide upon request an application for a business license pursuant to chapter 364A of NRS.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
5. Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within [90 days] 6 months following the date on which the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissions or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
κ1993 Statutes of Nevada, Page 2655 (CHAPTER 636, SB 560)κ
6. The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. Except as otherwise provided in NRS 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
7. The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.
________
Senate Bill No. 557Committee on Government Affairs
CHAPTER 637
AN ACT relating to municipal funding; requiring certain political subdivisions and general improvement districts to develop debt management policies for submission with their annual reports to the general obligation bond commission; prescribing the information which must be included in a debt management policy; requiring that the reports also be submitted to the county clerk; revising the requirements for submitting questions for the issuance of bonds to the voters; imposing additional requirements for submitting questions for the levy of certain taxes to the voters; clarifying the applicability of the statutory limitation on the total ad valorem tax levy; repealing the authority to create a county hospital construction fund; and providing other matters properly relating thereto.
[Approved July 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 350.001 is hereby amended to read as follows:
350.001 As used in NRS 350.002 to 350.006, inclusive, [commission] unless the context otherwise requires:
1. Commission means the general obligation bond commission created pursuant to NRS 350.002.
2. General obligation debt means debt which is legally payable from general revenues, as a primary or secondary source of repayment, and is backed by the full faith and credit of a governmental entity. The term includes debt represented by local government securities issued pursuant to this chapter and debt created for short-term financing pursuant to NRS 354.430 to 354.460, inclusive.
κ1993 Statutes of Nevada, Page 2656 (CHAPTER 637, SB 557)κ
debt represented by local government securities issued pursuant to this chapter and debt created for short-term financing pursuant to NRS 354.430 to 354.460, inclusive.
3. Special elective tax means a tax imposed pursuant to NRS 354.5982, 387.197, 387.3285 or 387.3287.
Sec. 2. NRS 350.0035 is hereby amended to read as follows:
350.0035 1. Each governing body of a political subdivision and each board of trustees of a general improvement district shall submit to the department of taxation, the county clerk and the commission [, at least 30 days prior to its annual meeting in July, a] :
(a) A complete statement of current and contemplated general obligation debt and a report of current and contemplated debt and special assessments and retirement schedules, in the detail and form established by the [department of taxation.] local governmental advisory committee at least 30 days before the annual meeting of the commission each year.
(b) A written statement of the debt management policy of the political subdivision or general improvement district before it incurs any debt and shall submit revisions of the policy as necessary to ensure the accuracy of the information contained therein. The debt management policy must include, without limitation, a discussion of its:
(1) Ability to afford existing and future general obligation debt;
(2) Capacity to incur future general obligation debt without exceeding the applicable debt limit;
(3) General obligation debt per capita as compared with the average for such debt of local governments in this state;
(4) General obligation debt as a percentage of assessed valuation of all taxable property within the boundaries of the political subdivision or general improvement district, the effective buying income of all persons who reside within the political subdivision or general improvement district, or both of them;
(5) A policy statement regarding the manner in which the local government expects to sell its debt;
(6) Sources of money projected to be available to pay existing and future general obligation debt; and
(7) Operational costs and revenue sources associated with each project.
(c) Its plan for capital improvement for the ensuing 3 fiscal years, which must include any contemplated issuance of general obligation debt during this period and the sources of money projected to be available to pay the debt, at least 30 days before the annual meeting of the commission.
2. Each governing body of a political subdivision and each board of trustees of a general improvement district shall update all statements and reports required by subsection 1 as may be necessary to reflect accurately the current status of the political subdivision or general improvement district.
Sec. 3. NRS 350.004 is hereby amended to read as follows:
350.004 1. Before any proposal to issue general obligations or levy a special elective tax may be submitted to the electors of a municipality, or before any other formal action may be taken preliminary to the issuance of any general obligations, [their] the proposed issuance or levy must receive the favorable vote of [a majority] two-thirds of the members of the general obligation bond commission of the county in which it is situated.
κ1993 Statutes of Nevada, Page 2657 (CHAPTER 637, SB 557)κ
obligation bond commission of the county in which it is situated. In the case of a school district or other district embracing all or part of a county, the proposal must receive such a favorable vote in that county.
2. Before the board of trustees of a district organized or reorganized pursuant to chapter 318 of NRS whose population within its boundaries is less than 5,000, borrows money or issues securities other than general obligations to evidence such borrowing, the proposed borrowing or issuing of securities must receive the favorable vote of a majority of the members of the general obligation bond commission of each county in which it is situated.
3. When any municipality other than a general improvement district whose population within its boundaries is less than 5,000, issues any special obligations, it shall so notify in its annual report the general obligation bond commission of each county in which any of its territory is situated.
4. The commission shall not approve any proposal submitted to it pursuant to this section by a political subdivision or general improvement district:
(a) Which, if the proposal is for the financing of a capital improvement, is not included in its plan for capital improvement submitted pursuant to NRS 350.0035, unless the governing body of the political subdivision or general improvement district determines that an emergency exists which justifies the proposal; or
(b) If, based upon estimates of:
(1) The amount of tax revenue needed and the dates that revenue will be needed, as provided by the political subdivision or general improvement district; and
(2) The assessed valuation for each of the years in which tax revenue is needed, as provided by the county assessor of the county in which the political subdivision or general improvement district is located,
the proposal would result in a combined property tax rate in any of the overlapping entities within the county which exceeds the limit provided in NRS 361.453, unless the proposal also includes an agreement approved by the governing bodies of all affected local governments within the area as to how the combined property tax rates will be brought into compliance with the statutory limitation.
5. For the purposes of this section, emergency means an unusual combination of circumstances or the resulting state that, in the opinion of the governing body of a political subdivision or general improvement district:
(a) Requires immediate action on the part of the political subdivision or general improvement district; and
(b) Would be likely to:
(1) Result in a financial loss to public or private interests or to business; or
(2) Cause harm to any person or property.
Sec. 4. NRS 350.005 is hereby amended to read as follows:
350.005 1. The governing body of the municipality proposing to issue general obligations , enter into short-term financing or levy a special elective tax and the board of trustees of a general improvement district whose population within its boundaries is less than 5,000, who proposes to borrow money and issue other securities pursuant to NRS 318.275 or to levy a special elective tax, shall notify the secretary of each appropriate commission, and shall submit a statement of its proposal in sufficient number of copies for each member of the commission.
κ1993 Statutes of Nevada, Page 2658 (CHAPTER 637, SB 557)κ
shall submit a statement of its proposal in sufficient number of copies for each member of the commission. The secretary, with the approval of the chairman, shall thereupon, within 10 days, give notice of a meeting to be held not less than 10 nor more than 20 days thereafter. He shall provide a copy of the proposal to each member with the notice of the meeting.
2. The commission may grant a conditional or provisional approval of such proposal. Such conditions or provisions are limited [, however,] to the scheduling of [the] :
(a) The issuance and retirement of securities [.] , if the proposal is to issue general obligations or enter into short-term financing; or
(b) The imposition of the tax, if the proposal is to levy a special elective tax.
3. The commission may adjourn a meeting called to consider a particular proposal no more than once, for no more than 10 days. Notification of the approval or disapproval of its proposal must be sent to the governing body within 3 days after the meeting.
[3.] 4. A proposal which has been disapproved may not be resubmitted until [after the expiration of] 90 days [from] after the date of the meeting.
Sec. 5. NRS 350.0051 is hereby amended to read as follows:
350.0051 In determining whether to approve or disapprove a proposal to incur debt [,] or to levy a special elective tax, the commission shall not undertake to determine whether the purpose for which it is proposed to incur the debt or levy the special elective tax is a public purpose or meets a public need. The commission shall consider, but is not limited to, the following criteria:
1. [The] If the proposal is to incur debt, the amount of debt outstanding on the part of the political subdivision proposing to incur the debt.
2. The effect of the tax levy required for service on the proposed debt , or of the proposed levy of a special elective tax, upon the ability of the political subdivision proposing to issue the bonds or levy the special elective tax and of other political subdivision to raise revenue for operating purposes.
3. The anticipated need for other incurrences of debt or levies of special elective taxes by the political subdivision proposing to incur the debt or levy the special elective tax and other political subdivisions whose tax-levying powers overlap, as shown by the county or regional master plan, if any, and by other available information.
4. The public need to be served by the proceeds of the proposed debt [,] or levy, as compared to other demands, both operational and capital, to be met from available and anticipated tax and other revenues.
Sec. 6. NRS 350.0052 is hereby amended to read as follows:
350.0052 The commission has the power, with the consent of the political subdivision which proposes to incur a debt [,] or levy a special elective tax, to contract for or employ accountants and financial consultants to evaluate any proposal which it must approve or disapprove. The cost of such services [shall] must be paid by the consenting political subdivision which proposes to incur the debt [.] or levy the special elective tax.
κ1993 Statutes of Nevada, Page 2659 (CHAPTER 637, SB 557)κ
Sec. 7. NRS 350.024 is hereby amended to read as follows:
350.024 1. Except as otherwise provided in subsection [2,] 3, the sample ballot required to be mailed pursuant to NRS 293.565 and the notice of election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The purposes for which the obligations are to be issued or incurred.
(d) A disclosure of any:
(1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued or incurred and its probable effect on the tax rate; and
(2) Requirement relating to the proposal which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.
(e) The maximum amount of the obligations [.] , including the anticipated interest, separately stating the total principal, the total anticipated interest and the anticipated interest rate.
(f) The maximum number of years which the obligations are to run.
(g) An estimate of the range of tax [rate] rates necessary to provide for debt service upon the obligations for [each date] the dates when they are to be [issued or incurred.] redeemed. The county assessor shall, for each such date, estimate the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessors estimates.
2. If an operating or maintenance rate is proposed in conjunction with the question to issue obligations, the questions may be combined, but the sample ballot and notice of election must each state the tax rate required for the obligations separately from the rate proposed for operation and maintenance.
3. Any election called pursuant to NRS 350.020 to 350.070, inclusive, may be consolidated with a general election. If the election is consolidated with the general election, a primary election or a municipal election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.
[3.] 4. If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for two successive calendar weeks next preceding the close of registration for the election.
Sec. 8. NRS 350.592 is hereby amended to read as follows:
350.592 1. There must be levied annually in due season a special tax on all property, both real and personal, subject to taxation within the boundaries of the municipality, fully sufficient together with the revenue which will result from application of the rate to the net proceeds of minerals, without regard to any statutory or charter tax limitations [now or hereafter existing,] other than the limitation set forth in NRS 361.453, to pay the interest on the general obligation municipal securities and to pay and retire the securities as provided in the Local Government Securities Law and in any act supplemental hereto.
κ1993 Statutes of Nevada, Page 2660 (CHAPTER 637, SB 557)κ
provided in the Local Government Securities Law and in any act supplemental hereto. The amount of money to be raised by the tax must be included in the annual estimate or budget for each county within the state for each year for which the tax is hereby required to be levied. The tax must be levied and collected in the same manner and at the same time as other taxes are levied and collected.
2. The proceeds thereof levied to pay interest on the securities must be kept by the treasurer in a special fund, separate and apart from all other funds, and the proceeds of the tax levied to pay the principal of the securities must be kept by the treasurer in a special fund, separate and apart from all other funds. The two special funds must be used for no other purpose than the payment of the interest on the securities and the principal thereof, respectively, when due; but, except as prevented by any contractual limitations [from time to time] imposed upon the municipality by proceedings appertaining to its outstanding securities, the municipality may provide for a consolidated debt service fund to pay principal of and interest on outstanding securities, when due.
Sec. 9. NRS 271.495 is hereby amended to read as follows:
271.495 1. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due and the amounts in the surplus and deficiency fund are not sufficient for that purpose, the deficiency must be paid out of any assets in the general fund of the municipality, regardless of source, which are otherwise legally available therefor.
2. If the general fund is insufficient to pay any such deficiency promptly, the governing body shall levy general (ad valorem) taxes upon all property in the municipality which is by law taxable for state, county and municipal purposes, without regard to any statutory or charter tax limitation existing on or after May 14, 1965, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the [limitation of] limitations set forth in NRS 361.453 and section 2 of article 10 of the constitution . [of the state.]
Sec. 10. NRS 354.5982 is hereby amended to read as follows:
354.5982 1. The local government may exceed the limit imposed by NRS 354.59811 upon the calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The duration of the levy must not exceed 30 years. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.
2. To the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 for a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.