[Rev. 2/12/2019 2:23:35 PM]
LAWS OF THE STATE OF NEVADA
κ1995 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
SIXTY-EIGHTH SESSION OF THE LEGISLATURE
1995
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Senate Bill No. 1Senators Raggio and Titus
CHAPTER 1
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved February 2, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $5,000,000.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 122Committee on Taxation
CHAPTER 2
AN ACT relating to insurance; delaying the date on which the first prepayment of the insurance premium tax is due; requiring certain insurers to make a quarterly payment of the insurance premium tax; clarifying that the existing provisions of NRS governing the administration and enforcement of the insurance premium tax are applicable to the payments required by this act; and providing other matters properly relating thereto.
[Approved February 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Each insurer which, pursuant to NRS 680B.027, paid or is required to pay a tax of a least $2,000 on net direct premiums and net direct considerations written during the 1994 calendar year, shall file a report for the first quarter of the 1995 calendar year on or before March 31, 1995. The report must be in such form as prescribed by the executive director of the department of taxation. The report must be accompanied by a payment made payable to the department of taxation in an amount equal to 25 percent of the tax paid or required to be paid on net direct premiums and net direct considerations written during the 1994 calendar year.
κ1995 Statutes of Nevada, Page 2 (CHAPTER 2, SB 122)κ
tax paid or required to be paid on net direct premiums and net direct considerations written during the 1994 calendar year.
2. Notwithstanding the provisions of NRS 680B.027 to the contrary, the prepayment otherwise due on or before March 1, 1995, pursuant to the provisions of NRS 680B.027, is due on or before June 15, 1995, and must be paid at the same time as the prepayment due on or before June 15, 1995.
3. An insurer which makes the quarterly payment that is due pursuant to subsection 1 shall subtract the amount of the quarterly payment actually made from the amount otherwise due pursuant to subsection 2.
4. All of the provisions of NRS, including specifically those imposing penalties or other requirements concerning reporting and nonpayment, underpayment or late payment of a prepayment or any other form of the tax as required by NRS 680B.025 to 680B.039, inclusive, are applicable to insurers and other persons who, pursuant to NRS 680B.027, are required to pay the tax on net direct premiums and net direct considerations, to the same extent and in the same manner as if this section were included in the provisions of NRS 680B.025 to 680B.039, inclusive.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 113Senators James, Raggio, Adler, Augustine, Jacobsen, Lowden, Mathews, McGinness, OConnell, ODonnell, Porter, Rawson, Regan, Rhoads, Shaffer, Titus, Townsend and Washington
CHAPTER 3
AN ACT relating to murder; expanding the aggravated circumstances under which the death penalty may be imposed to include murder committed upon a person less than 14 years of age; and providing other matters properly relating thereto.
[Approved March 7, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.033 is hereby amended to read as follows:
200.033 The only circumstances by which murder of the first degree may be aggravated are:
1. The murder was committed by a person under sentence of imprisonment.
2. The murder was committed by a person who was previously convicted of another murder or of a felony involving the use or threat of violence to the person of another.
3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
4. The murder was committed while the person was engaged, alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, sexual assault, arson in the first degree, burglary, invasion of the home or kidnapping in the first degree, and the person charged:
κ1995 Statutes of Nevada, Page 3 (CHAPTER 3, SB 113)κ
first degree, burglary, invasion of the home or kidnapping in the first degree, and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or lethal force used.
5. The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.
6. The murder was committed by a person, for himself or another, to receive money or any other thing of monetary value.
7. The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For the purposes of this subsection, peace officer means sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation division of the department of motor vehicles and public safety, personnel of the Nevada highway patrol, and the director, deputy director, correctional officers and other employees of the department of prisons when carrying out the duties prescribed by the director of the department.
8. The murder involved torture, depravity of mind or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and without apparent motive.
10. The murder was committed upon a person less than 14 years of age.
11. The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.
Sec. 2. The amendatory provisions of this act do not apply to murders which are committed before October 1, 1995.
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κ1995 Statutes of Nevada, Page 4κ
Assembly Bill No. 66Committee on Education
CHAPTER 4
AN ACT relating to county school districts; authorizing a reduction in the required number of members on the board of trustees of certain county school districts; and providing other matters properly relating thereto.
[Approved March 21, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 386.120 is hereby amended to read as follows:
386.120 The board of trustees of a county school district consists of five or seven members as follows:
1. If 1,000 or more pupils were enrolled during the school year next preceding any general election, the board of trustees consists of seven members. Except in school districts in which more than 25,000 pupils are enrolled, the members of the board must be elected at large until such time as an alternate manner of election is adopted pursuant to NRS 386.200 or NRS 386.205, 386.215 and 386.225.
2. If fewer than 1,000 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of five members. The members of the board must be elected as provided in NRS 386.160 until such time as an alternate manner of election is adopted pursuant to NRS 386.200 or NRS 386.205, 386.215 and 386.225.
3. If 1,000 or more, but fewer than 1,500 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of seven members unless the board, on or before December 1 in any year before a general election will be held, adopts a resolution specifying that the board will consist of five members. If the board consists of seven members, the election of members is governed by subsection 1. If the board consists of five members, the election of members is governed by subsection 2.
4. Before the adoption of a resolution pursuant to subsection 3, the board of trustees shall post conspicuously, in three different places in the school district, a notice containing in full the text of the resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution. Posting of the notice must be made not less than 10 days before the date fixed in the resolution for action thereon.
5. If a board of trustees adopts a resolution pursuant to subsection 3, it must transmit a copy of the resolution to the superintendent of public instruction on or before December 15 of the year before the general election will be held.
Sec. 2. NRS 386.180 is hereby amended to read as follows:
386.180 1. If the certificate of the superintendent of public instruction filed with the county clerk states that the pupil enrollment during the preceding school year in a county school district other than Clark or Washoe was less than 1,000, or was 1,000 or more but less than 1,500 in a district in which the board of trustees has adopted a resolution in accordance with NRS 386.120 specifying that the board will consist of five members, and the board of trustees of the district is composed of seven members elected at large based upon a previous pupil enrollment of 1,000 or more, then two of the offices of trustee [shall] may not be filled at the next succeeding general election.
κ1995 Statutes of Nevada, Page 5 (CHAPTER 4, AB 66)κ
upon a previous pupil enrollment of 1,000 or more, then two of the offices of trustee [shall] may not be filled at the next succeeding general election.
2. Thereafter, while continued pupil enrollment in the county school district is less than 1,000, or is 1,000 or more but less than 1,500 in a district in which the board of trustees has adopted a resolution in accordance with NRS 386.120 specifying that the board will consist of five members, the offices of school trustees [shall] must be filled as provided by law for school districts having pupil enrollments of [that size.] less than 1,000.
Sec. 3. NRS 386.190 is hereby amended to read as follows:
386.190 1. If the certificate of the superintendent of public instruction filed with the county clerk states that the pupil enrollment during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the district is composed of five members elected as provided in NRS 386.160, [based upon a previous pupil enrollment of less than 1,000,] then at the next succeeding general election one additional trustee who resides at the county seat [shall] must be elected for a term of 4 years, and one additional trustee who resides in the county but not at the county seat [shall] must be elected for a term of 2 years.
2. Thereafter, while continued pupil enrollment in the county school district is 1,000 or more, the offices of school trustees [shall] must be filled as provided by law for school districts having pupil enrollments of that size.
3. The provisions of subsections 1 and 2 do not apply in a school district in which the pupil enrollment during the preceding school year was 1,000 or more but less than 1,500, and in which the board of trustees of the school district has adopted a resolution specifying that the board will consist of five members.
Sec. 4. NRS 386.200 is hereby amended to read as follows:
386.200 1. In addition to the manner of election provided in NRS 386.205, 386.215 and 386.225, the trustees of a county school district may be elected from school trustee election areas in the alternate manner provided in this section.
2. Within 30 days before May 1 of any year in which a general election is to be held in the state, 10 percent or more of the registered voters of a county school district in which 25,000 or fewer pupils are enrolled may file a written petition with the board of county commissioners of the county praying for the creation of school trustee election areas within the county school district in the manner provided in this section. The petition must specify with particularity the school trustee election areas proposed to be created, the number of trustees to be elected from each area, and the manner of their nomination and election. The number of school trustee election areas proposed must not exceed the number of trustees authorized by law for the particular county school district. The description of the proposed school trustee election areas need not be given by metes and bounds or by legal subdivisions, but must be sufficient to enable a person to ascertain what territory is proposed to be included within a particular school trustee election area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall swear or affirm, before a person competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.
κ1995 Statutes of Nevada, Page 6 (CHAPTER 4, AB 66)κ
competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.
3. Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of the notice is a proper charge against the county school district fund.
4. If, as a result of the public hearing, the board of county commissioners finds that the creation of school trustee election areas within the county school district is desirable, the board of county commissioners shall, by resolution regularly adopted before June 1, divide the county school district into the number of school trustee election areas specified in the petition, designate them by number and define their boundaries. The territory comprising each school trustee election area must be contiguous. The resolution must further set forth the number of trustees to be elected from each school trustee election area and the manner of their nomination and election.
5. Before June 1 and immediately following the adoption of the resolution creating school trustee election areas within a county school district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the superintendent of public instruction.
6. Upon the creation of school trustee election areas within a county school district the terms of office of all trustees then in office expire on the 1st Monday of January thereafter next following a general election. At the general election held following the creation of school trustee election areas within a county school district, school trustees to represent the odd-numbered school trustee election areas must be elected for terms of 4 years and school trustees to represent the even-numbered school trustee election areas must be elected for terms of 2 years. Thereafter, at each general election, the offices of school trustees must be filled for terms of 4 years in the order in which the terms of office expire.
7. A candidate for the office of trustee of a county school district in which school trustee election areas have been created must be a qualified elector and a resident of the school trustee election area which he seeks to represent.
8. The board of county commissioners may by resolution change the boundaries of school trustee election areas or the manner of nomination or election of school trustees after:
(a) Holding a public hearing of which notice must be given as provided in subsection 3; and
(b) Receiving, at the hearing or by resolution, the consent of the board of trustees of the school district.
9. If the superintendent of public instruction certifies to the county clerk that the enrollment of pupils during the preceding school year in a county school district was less than 1,000, or was 1,000 or more but less than 1,500 in a district in which the board of trustees has adopted a resolution in accordance with NRS 386.120 specifying that the board will consist of five members, and the board of trustees of the county school district is composed of seven elected members based upon a previous enrollment of 1,000 or more, the board of county commissioners shall alter the school trustee election areas or change the number of trustees to be elected from the areas, or the manner of their nomination and election, as may be necessary to provide for reduction of the membership of the board of trustees of the county school board from seven to five members, and only five school trustees may thereafter be nominated and elected at the forthcoming elections.
κ1995 Statutes of Nevada, Page 7 (CHAPTER 4, AB 66)κ
more, the board of county commissioners shall alter the school trustee election areas or change the number of trustees to be elected from the areas, or the manner of their nomination and election, as may be necessary to provide for reduction of the membership of the board of trustees of the county school board from seven to five members, and only five school trustees may thereafter be nominated and elected at the forthcoming elections.
10. If the superintendent of public instruction certifies to the county clerk that the enrollment of pupils during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the county school district is composed of five elected members , [based upon a previous enrollment of less that 1,000,] the board of county commissioners shall alter the school trustee election areas or change the number of trustees to be elected from the areas, or the manner of their nomination and election, as may be necessary to provide for increasing the membership of the board of trustees of the county school district from five to seven members, and two additional school trustees must thereafter be nominated and elected at the forthcoming elections.
11. The provisions of subsection 10 do not apply in a school district in which the pupil enrollment during the preceding school year was 1,000 or more but less than 1,500, and in which the board of trustees of the school district has adopted a resolution specifying that the board will consist of five members.
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Senate Bill No. 150Committee on Finance
CHAPTER 5
AN ACT making a supplemental appropriation to the commission on ethics for expenses related to additional meetings; and providing other matters properly relating thereto.
[Approved March 21, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the commission on ethics created pursuant to NRS 281.455 the sum of $7,283 for salary, travel and per diem expenses for members of the commission on ethics for six additional meetings. This appropriation is supplemental to that made by section 27 of chapter 350, Statutes of Nevada 1993, at page 1121.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
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κ1995 Statutes of Nevada, Page 8κ
Senate Bill No. 59Committee on Human Resources and Facilities
CHAPTER 6
AN ACT relating to education; revising provisions governing the disclosure of questions and answers contained in examinations to determine the achievement and proficiency of pupils in certain grades; and providing other matters properly relating thereto.
[Approved March 21, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 389.015 is hereby amended to read as follows:
389.015 1. The board of trustees of each school district shall administer examinations in all public schools within its district to determine the achievement and proficiency of pupils in:
(a) Reading;
(b) Writing; and
(c) Mathematics.
The examinations must be administered before the completion of grades 4, 8 and 11.
2. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.
3. If a pupil fails to demonstrate adequate achievement on the examination administered before the completion of grade 4 or 8, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
4. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officers duties.
(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.
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κ1995 Statutes of Nevada, Page 9κ
Senate Bill No. 58Committee on Human Resources and Facilities
CHAPTER 7
AN ACT relating to education; requiring the commission on professional standards in education to adopt regulations providing for the reciprocal licensure of educational personnel from other states; and providing other matters properly relating thereto.
[Approved March 21, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.032 is hereby amended to read as follows:
391.032 1. Except as otherwise provided in NRS 391.027, the commission shall [consider] :
(a) Consider and may adopt regulations [to] which provide for [:
(a) The] the issuance of conditional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this state.
(b) [The] Adopt regulations which provide for the reciprocal licensure of educational personnel from other states.
2. A person who is issued a conditional license must complete all courses of study and other requirements for a license in this state which is not conditional within 3 years after the date on which a conditional license is issued.
Sec. 2. The commission on professional standards in education shall adopt the regulations required by NRS 391.032, providing for the reciprocal licensure of educational personnel from other states, no later than July 1, 1996.
Sec. 3. This act becomes effective on July 1, 1995.
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Senate Bill No. 147Committee on Finance
CHAPTER 8
AN ACT making a supplemental appropriation to the office of the military for additional utility expenses; and providing other matters properly relating thereto.
[Approved March 27, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the office of the military the sum of $80,677 for additional utility expenses. This appropriation is supplemental to that made by section 20 of chapter 350, Statutes of Nevada 1993, at page 1119.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
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κ1995 Statutes of Nevada, Page 10κ
Assembly Bill No. 68Assemblyman Carpenter
CHAPTER 9
AN ACT relating to livestock; increasing the maximum reward that may be offered and paid for information leading to the arrest and conviction of a person engaged in stealing livestock; and providing other matters properly relating thereto.
[Approved March 27, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 561.325 is hereby amended to read as follows:
561.325 1. The division may offer a standing reward, or a reward for each class of livestock, not to exceed [$500,] $1,500, for information leading to the arrest and conviction of each person engaged in stealing livestock, the reward to be paid to the person or persons giving the information leading to the arrest and conviction of such person or persons immediately upon the conviction of the person or persons so arrested.
2. The administrator may promulgate such further conditions and rules pertaining to the offering of such rewards and the payments thereof as he may deem proper.
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Senate Bill No. 109Senator Augustine
CHAPTER 10
AN ACT relating to motor vehicles; authorizing the use of television-type receiving equipment for the navigation of a motor vehicle; and providing other matters properly relating thereto.
[Approved March 27, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.639 is hereby amended to read a follows:
484.639 1. A person shall not drive any motor vehicle equipped with television-type receiving equipment so located that the viewer or screen is visible from the drivers seat.
2. This section [shall] does not prohibit the use of television-type receiving equipment used exclusively for traffic safety , [or] law enforcement [purposes.] or the navigation of a motor vehicle.
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κ1995 Statutes of Nevada, Page 11κ
Senate Bill No. 116Senator Jacobsen
CHAPTER 11
AN ACT relating to days of observance; designating December 7 as Pearl Harbor Remembrance Day; and providing other matters properly relating thereto.
[Approved March 27, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:
1. December 7 of each year is designated as Pearl Harbor Remembrance Day to commemorate all the brave and heroic persons who served in the Armed Forces of the United States and defended their country against the Japanese attack on Pearl Harbor on December 7, 1941.
2. The governor shall issue annually a proclamation encouraging the observance of Pearl Harbor Remembrance Day by calling upon state officers to display the United States flag at half-mast at all state buildings and the residents of this state to display the flag at half-mast at their homes and other suitable places, in honor of the persons who sacrificed their lives in defending their country on December 7, 1941.
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Senate Bill No. 146Committee on Finance
CHAPTER 12
AN ACT making an appropriation to the state board of examiners to restore the balance of certain accounts; and providing other matters properly relating thereto.
[Approved March 27, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state board of examiners the sum of $2,106,672 to be allocated as follows:
1. To the emergency account created pursuant to NRS 353.263 the sum of $51,162 to restore the accounts balance to approximately $400,000.
2. To the stale claims account created pursuant to NRS 353.097 the sum of $1,504,000 to restore the accounts balance to approximately $1,000,000.
3. To the reserve for statutory contingency account created pursuant to NRS 353.264 the sum of $551,510 to restore the accounts balance to approximately $1,200,000.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
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κ1995 Statutes of Nevada, Page 12κ
Assembly Bill No. 138Committee on Government Affairs
CHAPTER 13
AN ACT relating to general improvement districts; exempting certain arrangements with private developers from certain laws governing public contracts; and providing other matters properly relating thereto.
[Approved April 6, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 318.140 is hereby amended to read as follows:
318.140 In the case of a district created wholly or in part for acquiring sanitary sewer improvements [, the] :
1. The board may:
[1.] (a) Construct, reconstruct, improve or extend the sanitary sewer system or any part thereof, including, without [limiting the generality of the foregoing,] limitation, mains, laterals, wyes, tees, meters and collection, treatment and disposal plants.
[2.] (b) Sell any product or by-product thereof and acquire the appropriate outlets within or without the district and extend the sewer lines of the district thereto.
[3.] (c) Enter into and perform, without any election, contracts or agreements for a term not to exceed 50 years with any person or a public agency, to provide the services, equipment or supplies necessary or appropriate to conduct tests of the discharge of pollutants into the states water and to report the results of those tests as required by chapter 445 of NRS or the regulations adopted thereunder. For the purposes of this [section, the term] paragraph, public agency has the meaning ascribed to it in NRS 277.100.
2. The provisions of chapters 332 and 339 of NRS do not apply to a contract under which a private developer extends a sewer main to his development or installs any appurtenances to that extension. Except as otherwise provided in this subsection, the provisions of chapter 338 do not apply to such a contract. If the developer does not pay all of the initial construction costs of the extension, the provisions of NRS 338.013 to 338.090, inclusive, apply to the contract.
Sec. 2. NRS 318.144 is hereby amended to read as follows:
318.144 1. The board may acquire, construct, reconstruct, improve, extend or better a works, system or facilities for the supply, storage and distribution of water for private and public purposes.
2. The provisions of chapters 332 and 339 of NRS do not apply to a contract under which a private developer constructs water facilities for his development. Except as otherwise provided in this subsection, the provisions of chapter 338 do not apply to such a contract. If the developer does not pay all of the initial construction costs of the facility, the provisions of NRS 338.013 to 338.090, inclusive, apply to the contract.
Sec. 3. This act becomes effective upon passage and approval.
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κ1995 Statutes of Nevada, Page 13κ
Assembly Bill No. 108Assemblymen Stroth, Perkins, Ernaut, Marvel, Buckley, Krenzer, Braunlin, Schneider, Close, Lambert, Tripple, Harrington, Humke, Anderson, Manendo and Sandoval
CHAPTER 14
AN ACT relating to firearms; increasing the penalty for larceny of certain firearms and for possession of certain stolen firearms; and providing other matters properly relating thereto.
[Approved April 6, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.220 is hereby amended to read as follows:
205.220 Except as otherwise provided in NRS 205.225 and 205.237, every person who feloniously steals, takes and carries away, leads or drives away the personal goods or property of another of the value of $250 or more, or the motor vehicle or firearm of another regardless of its value, is guilty of grand larceny, and shall be punished by imprisonment in the state prison for not less that 1 year nor more than 10 years and by a fine of not more than $10,000.
Sec. 2. NRS 205.240 is hereby amended to read as follows:
205.240 Except as otherwise provided in NRS 205.220 and 475.105, a person who:
1. Steals, takes and carries, leads or drives away the personal goods or property of another, under the value of $250; or
2. Steals, takes and carries, leads, drives or entices away one or more domestic animals or poultry having an aggregate value under $250, except those described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 205.225,
commits petit larceny and is guilty of a misdemeanor.
Sec. 3. NRS 205.275 is hereby amended to read as follows:
205.275 1. Every person who, for his own gain, or to prevent the owner from again possessing his property, buys, receives, possesses or withholds stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement:
(a) Knowing that the goods or property were so obtained, or
(b) Under such circumstances as should have caused a reasonable man to know that the goods or property were so obtained,
shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment. Every such person may be tried, convicted and punished as well before as after the trial of the principal.
2. Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturers serial number or manufacturers identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.
κ1995 Statutes of Nevada, Page 14 (CHAPTER 14, AB 108)κ
3. [No] Except as otherwise provided in subsection 4, a person convicted of the offense specified in this section [may] must not be condemned to imprisonment in the state prison, unless [the value of] the thing bought, received, possessed or withheld [is] has a value of $250 or more, but the person shall be punished as provided in cases of petit larceny.
4. If the thing bought, received, possessed or withheld is a firearm, regardless of its value, the person convicted of the offense specified in this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and by a fine of not more than $10,000.
Sec. 4. The amendatory provisions of this act do not apply to offenses which are committed before October 1, 1995.
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Assembly Bill No. 193Assemblymen Arberry, Marvel, Giunchigliani, Dini, Chowning, Hettrick, Spitler, Fettic, Tiffany, Price, Bache, Krenzer and Close
CHAPTER 15
AN ACT making an appropriation to the University and Community College System of Nevada for certain furniture and equipment for the Cheyenne and West Charleston campuses of the Community College of Southern Nevada; and providing other matters properly relating thereto.
[Approved April 6, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $6,000,000 to expedite project 95-C4, for the purchase of furniture, computers and other equipment for the Cheyenne and West Charleston campuses of the Community College of Southern Nevada.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
κ1995 Statutes of Nevada, Page 15κ
Assembly Bill No. 53Committee on Government Affairs
CHAPTER 16
AN ACT relating to bonds; authorizing municipalities to issue bonds to refund outstanding bonds of improvement districts under certain circumstances; authorizing municipalities to issue a single issue of bonds to defray the costs of projects in two or more improvement districts; and providing other matters properly relating thereto.
[Approved April 6, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 271 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body may issue bonds to refund the outstanding bonds of one or more improvement districts. The bonds must be issued pursuant to the provisions of this chapter and the Local Government Securities Law.
2. For the purposes of the Local Government Securities Law, the bonds issued to refund the outstanding bonds of one or more improvement districts shall be deemed special obligations and the assessments shall be deemed net pledged revenues. If the bonds are issued, the governing body shall, by resolution, reduce the rate of interest on the uncollected installments of assessments. The rate of interest must not exceed the amount set forth in NRS 271.415, plus any amount necessary to pay the costs of the refunding.
Sec. 2. NRS 271.485 is hereby amended to read as follows:
271.485 1. Any bonds issued pursuant to this chapter may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses. The governing body may issue a single issue of bonds to defray the costs of projects in two or more improvement districts if the principal amount of those bonds does not exceed the total uncollected assessments levied in each improvement district.
2. Bonds may be sold at a public or private sale:
(a) For not less than the principal amount thereof and accrued interest thereon; or
(b) At the option of the governing body, below par at a discount not exceeding 9 percent of the principal amount and except as otherwise provided in NRS 271.487 and 271.730, at a price which will not result in an effective interest rate which exceeds by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project.
3. Except as otherwise provided in NRS 271.487 and 271.730, the rate of interest of the bonds must not at any time exceed the rate of interest, or lower or lowest rate if more than one, borne by the special assessments, but any rate of interest of the bonds may be the same as or less than any rate of interest of the assessment, subject to the limitation provided in subsection 2, as the governing body may determine.
4. The governing body may employ legal, fiscal, engineering and other expert services in connection with any project authorized by this chapter and the authorization, issuance and sale of bonds.
κ1995 Statutes of Nevada, Page 16 (CHAPTER 16, AB 53)κ
5. Any accrued interest and any premium must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
6. Any unexpended balance of the proceeds of the bond remaining after the completion of the project for which the bonds were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
7. The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
8. A purchaser of the bonds is not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
9. The governing body may enter into a contract to sell special assessment bonds at any time [;] but, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:
(a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and
(b) It has not elected to proceed [under] pursuant to subsection 2 or 3 of NRS 271.330, but has elected to proceed [under subsection 1 thereof.] pursuant to subsection 1 of that section.
10. If the governing body ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in NRS 271.306, or for any other reason, any contract to sell special assessment bonds is terminated and becomes inoperative.
________
Assembly Bill No. 29Committee on Transportation
CHAPTER 17
AN ACT relating to drivers licenses; establishing a fee for an endorsement added after the issuance of an original commercial drivers license for which a driving skills test is required; and providing other matters properly relating thereto.
[Approved April 6, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.910 is hereby amended to read as follows;
483.910 1. The department shall charge and collect the following fees:
κ1995 Statutes of Nevada, Page 17 (CHAPTER 17, AB 29)κ
For an original commercial drivers license which requires the department to administer a knowledge test and a driving skills test......... $84
For an original commercial drivers license which requires the department to administer a knowledge test................................................... 54
For renewal of a commercial drivers license which requires the department to administer a driving skills test................................................ 84
For renewal of a commercial drivers license which does not require the department to administer a driving skills test..................... 54
For reinstatement of a commercial drivers license which requires the department to administer a knowledge test and a driving skills test after suspension, revocation, cancellation or disqualification of the license..................................................................................................... 84
For reinstatement of a commercial drivers license which requires the department to administer a knowledge test after suspension, revocation, cancellation or disqualification of the license.................... 54
For the transfer of a commercial drivers license from another jurisdiction which requires the department to administer a knowledge test and a driving skills test....................................................................... 84
For the transfer of a commercial drivers license from another jurisdiction which requires the department to administer a knowledge test 54
For a duplicate commercial drivers license.................................. 19
For any change of information on a commercial drivers license 9
For each endorsement added after the issuance of an original commercial drivers license which does not require the department to administer a driving skills test...................................................................... 14
For each endorsement added after the issuance of an original commercial drivers license which requires the department to administer a driving skills test.................................................................................... 30
2. The department shall charge and collect an annual fee of $555 from each person who is authorized by the to administer a driving skills test pursuant to NRS 483.912.
3. An additional charge of $3 must be charged for each knowledge test administered to a person who has twice failed the test.
4. An additional charge of $25 must be charged for each driving skills test administered to a person who has twice failed the test.
5. The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.
Sec. 2. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 18κ
Assembly Bill No. 23Committee on Transportation
CHAPTER 18
AN ACT relating to motor vehicles; revising the definition of golf cart for the purposes of the provisions governing the registration of motor vehicles; and providing other matters properly relating thereto.
[Approved April 6, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.044 is hereby amended to read as follows:
482.044 Golf cart means a motor vehicle which:
1. Has no fewer than three wheels in contact with the ground; and
2. [Has an unladen weight of less than 1,300 pounds; and
3.] Is designed to carry golf equipment and no more than four persons, including the driver.
________
Assembly Bill No. 21Committee on Natural Resources, Agriculture and Mining
CHAPTER 19
AN ACT relating to state parks; repealing the authority of the administrator of the division of state parks of the state department of conservation and natural resources to appoint a construction engineer; and providing other matters properly relating thereto.
[Approved April 6, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 407.048 is hereby repealed.
________
κ1995 Statutes of Nevada, Page 19κ
Senate Bill No. 112Committee on Judiciary
CHAPTER 20
AN ACT relating to sureties; establishing the jurisdiction of the supreme court over sureties who provide security for executors and administrators of estates of decedents, under certain circumstances; providing for the enforcement of the liability of the surety by motion without an independent action; and providing other matters properly relating thereto.
[Approved April 6, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 142 of NRS is hereby amended by adding thereto a new section to read as follows:
If an executor or administrator is required by a court pursuant to the provisions of this Title to provide security in the form of cash or a bond, stipulation or other undertaking with one or more sureties, each surety for that security submits himself to the jurisdiction of the court which ordered the security, and irrevocably appoints the clerk of that court as his agent upon whom any papers affecting his liability on the security may be served. The liability of the surety may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the surety if his address is knows.
Sec. 2. NRS 155.190 is hereby amended to read as follows:
155.190 In addition to any order or decree from which an appeal is expressly permitted by this Title, an appeal may be taken to the supreme court within 30 days after its entry, from an order or decree:
1. Granting or revoking letters testamentary or letters of administration.
2. Admitting a will to probate or revoking the probate thereof.
3. Setting aside an estate claimed not to exceed $25,000 in value.
4. Setting apart property as a homestead, or claimed to be exempt from execution.
5. Granting or modifying a family allowance.
6. Directing or authorizing the sale or conveyance or confirming the sale of property.
7. Settling an account of an executor, administrator or trustee.
8. Instructing or appointing a trustee.
9. Instructing or directing an executor or administrator.
10. Directing or allowing the payment of a debt, claim, legacy or attorneys fee.
11. Determining heirship or the persons to whom distribution must be made or trust property must pass.
12. Distributing property.
κ1995 Statutes of Nevada, Page 20 (CHAPTER 20, SB 112)κ
13. Refusing to make any order mentioned in this section or any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $1,000.
14. Granting or denying a motion to enforce the liability of a surety filed pursuant to section 1 of this act.
________
Senate Bill No. 111Committee on Judiciary
CHAPTER 21
AN ACT relating to the estates of decedents; revising the provisions governing notice of a hearing to determine attorneys fees requested for the administration of the estate of a decedent; and providing other matters properly relating thereto.
[Approved April 6, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 150.060 is hereby amended to read as follows:
150.060 1. Attorneys for executors, administrators and special administrators are entitled to reasonable compensation for their services, to be paid out of the decedents estate. The amount must be fixed by agreement between the executor, administrator or special administrator and the attorney, subject to approval by the court, after application, notice and hearing, as provided in subsection 2. If the executor, administrator or special administrator and the attorney fail to reach agreement, or if the attorney is also the executor, administrator or special administrator , the amount must be determined and allowed by the court. The application must contain specific and detailed information supporting the entitlement to compensation, including:
(a) Reference to time and hours;
(b) [Nature] The nature and extent of services rendered;
(c) Claimed ordinary and extraordinary services;
(d) [Complexity] The complexity of the work required; and
(e) Other information considered to be relevant to a determination of entitlement.
2. The applicant shall give notice of his application and the hearing thereof to the executor, administrator or special administrator if he is not the applicant and to all known heirs, devisees and legatees. The notice must be sent by registered or certified mail at least 10 days before the hearing. [The] If a complete copy of the application is not attached to the notice, the notice must include a statement of the amount of the fee which the court will be requested to approve or allow.
3. On similar application, notice and hearing, the court may make an allowance to an attorney for services rendered up to a certain time during the proceedings.
4. Any heir, devisee or legatee may file objections to an application made pursuant to this section, and the objections must be considered at the hearing.
κ1995 Statutes of Nevada, Page 21 (CHAPTER 21, SB 111)κ
5. [Attorneys for minors,] Except as otherwise provided in this subsection, an attorney for minor, absent or nonresident heirs [are] is entitled to compensation primarily out of the estate of the distributee so represented by him in those cases and to such extent as may be determined by the court . [, but if] If the court finds that all or any part of the services performed by the attorney for the [minors,] minor, absent or nonresident heirs were of value to the decedents entire estate as such and not of value only to the [minors,] minor, absent or nonresident heirs, [then] the court shall order that all or part of the attorneys fee be paid to the attorney out of the funds of the decedents entire estate as a general administration expense of the estate. The amount of these fees must be determined in the same manner as the other attorneys fees provided for in this section.
________
Senate Bill No. 39Committee on Judiciary
CHAPTER 22
AN ACT relating to crimes; enhancing the penalty under certain circumstances for the commission of assault or battery upon a member of the judiciary; and providing other matters properly relating thereto.
[Approved April 6, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.471 is hereby amended to read as follows:
200.471 1. As used in this section:
(a) Assault means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
(b) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department; [or]
(4) A jailer, guard, matron or other correctional officer of a city or county jail [.] ; or
(5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including any person acting pro tempore in a capacity listed in this subparagraph.
(c) School employee means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
2. Any person convicted of an assault shall be punished:
(a) If paragraph (c) of this subsection does not apply to the circumstances of the crime and the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1995 Statutes of Nevada, Page 22 (CHAPTER 22, SB 39)κ
less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If the assault is committed upon an officer or a school employee who is performing his duty and the person charged knew or should have known that the victim was an officer or a school employee, for a gross misdemeanor, unless the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 2. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department; [or]
(4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility [.] ; or
(5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including any person acting pro tempore in a capacity listed in this subparagraph.
(d) School employee means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
2. Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, the court, as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment. If imprisonment in the county jail, or a fine, or both, is the prescribed punishment, the crime shall for all purposes be deemed a gross misdemeanor.
(c) If the battery is committed upon an officer or a school employee and:
(1) The officer or school employee was performing his duty;
(2) The officer or school employee suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer or a school employee, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
κ1995 Statutes of Nevada, Page 23 (CHAPTER 22, SB 39)κ
by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(d) If the battery is committed upon an officer or a school employee who is performing his duty and the person charged knew or should have known that the victim was an officer or a school employee, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(e) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000.
(f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 2 years nor more than 20 years.
________
Senate Bill No. 305Committee on Government Affairs
CHAPTER 23
AN ACT relating to local government; directing an immediate analysis of the cash receipts and disbursements of the White Pine County School District; requiring a report of that analysis to be submitted to the legislature; temporarily limiting the incurrence of further obligations by the district; and providing other matters properly relating thereto.
[Approved April 7, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The executive director of the department of taxation shall prepare, and the legislative auditor shall review, an analysis of the cash receipts and disbursements of the White Pine County School District during the current fiscal year to date, and an estimate of the receipts and disbursements of the school district until June 30, 1995. The analysis and estimate must include:
(a) The dates on which the districts obligations became or will become due;
(b) The amounts that became or will become due on those dates;
(c) A statement indicating whether the school district has met and can meet its obligations as they became or will become due; and
(d) The amount and duration of any substantial delinquencies in the payment of the obligations of the school district, past and anticipated.
κ1995 Statutes of Nevada, Page 24 (CHAPTER 23, SB 305)κ
2. The board of trustees of the White Pine County School District shall, at the request of the executive director, make all records of the school district that are required to carry out the provisions of this section available to the executive director for inspection and copying.
3. The executive director shall make the results of the analysis and estimate known to the legislative auditor as the work progresses, and the legislative auditor shall communicate to the executive director any needed changes in the method of analysis and estimated use.
4. The executive director and the legislative auditor shall jointly report the results of their analysis and estimate to the senate and assembly standing committees on government affairs no later than April 10, 1995.
Sec. 2. The White Pine County School District shall not issue or sell any form of municipal security, enter into any lease, or incur any other obligation other than current accounts that are payable and necessary for the normal operation of the school district, until October 1, 1995.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 304Committee on Government Affairs
CHAPTER 24
AN ACT relating to local government; providing for a preliminary examination of the financial condition of the White Pine County School District, an audit of its finances and the preparation of tentative budgets for the district; requiring certain reports relating thereto to be submitted to the legislature; and providing other matters properly relating thereto.
[Approved April 7, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The executive director of the department of taxation, in consultation with the local governmental advisory committee, shall:
1. Conduct a preliminary review of the financial condition of the White Pine County School District to ascertain:
(a) The amounts and maturities of its outstanding debts;
(b) The nature of, and monetary obligations under, leases to which it is a party;
(c) The amounts of any other outstanding obligations and the dates on which they are due;
(d) The rate of taxation ad valorem which would be required to discharge all the foregoing obligations as they become due; and
(e) Any other information which the executive director and the committee consider important to an understanding of the districts financial condition.
2. Conduct an audit of the finances of the school district and prepare a tentative budget for the school district for each of the 5 fiscal years following July 1, 1995, which will enable the district to meet its obligations by the end of that period.
κ1995 Statutes of Nevada, Page 25 (CHAPTER 24, SB 304)κ
Sec. 2. The executive director of the department of taxation and the local governmental advisory committee shall jointly:
1. Report the results of the preliminary review to the senate and assembly standing committees on government affairs no later than May 17, 1995.
2. Report the progress and interim results of the audit and the preparation of tentative budgets quarterly to the legislative commission.
3. Submit a final report of the audit, the tentative budgets and any recommendations for legislation to the 69th session of the Nevada legislature.
Sec. 3. While engaged in the work required by sections 1 and 2 of this act, the members of the local governmental advisory committee are entitled to receive the per diem allowance and travel expenses provided by law for state officers and employees generally.
Sec. 4. The board of trustees of the White Pine County School District shall, at the request of the executive director of the department of taxation, make all records of the school district that are required to carry out the provisions of this act available to the executive director for inspection and copying.
Sec. 5. This act becomes effective upon passage and approval.
________
Senate Bill No. 61Committee on Judiciary
CHAPTER 25
AN ACT relating to extradition; requiring that certain persons in custody sign waivers of extradition proceedings as a condition for their release from confinement; and providing other matters properly relating thereto.
[Approved April 10, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
Before a person may be accepted for probation, he must submit to the division for filing with the clerk of the court of competent jurisdiction a signed document stating that:
1. He will comply with the conditions which have been imposed by the court and are stated in the document; and
2. If he fails to comply with the conditions imposed by the court and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
Sec. 2. NRS 176.175 is hereby amended to read as follows:
176.175 As used in NRS 176.175 to 176.245, inclusive [:] , and section 1 of this act:
1. Board means the state board of parole commissioners.
2. Court means a district court of the State of Nevada.
κ1995 Statutes of Nevada, Page 26 (CHAPTER 25, SB 61)κ
3. Parole and probation officer means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.
4. Residential confinement means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the sentencing court.
5. Standards means the objective standards for granting or revoking parole or probation which are adopted by the state board of parole commissioners or chief parole and probation officer.
Sec. 3. NRS 176.1857 is hereby amended to read as follows:
176.1857 The court shall, upon the entering of an order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.245, inclusive, and section 1 of this act, direct the clerk of the court to certify a copy of the records in the case and deliver the copy to the chief parole and probation officer.
Sec. 4. NRS 178.484 is hereby amended to read as follows:
178.484 1. [A] Except as otherwise provided in subsection 5, a person arrested for an offense other than murder of the first degree must be admitted to bail.
2. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
3. A person arrested for a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, must not be admitted to bail sooner than 12 hours after his arrest.
4. The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.
5. Before a person may be admitted to bail, he must sign a document stating that:
(a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;
(b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and
(c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.
Sec. 4.5. NRS 209.429 is hereby amended to read as follows:
209.429 1. The director may, at the request of an offender who has:
(a) Established a position of employment in the community; and
(b) Successfully completed the initial period of rehabilitation required under the program of treatment established pursuant to NRS 209.425, assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.
κ1995 Statutes of Nevada, Page 27 (CHAPTER 25, SB 61)κ
assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.
2. Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the division a signed document stating that:
(a) He will comply with the terms or conditions of his residential confinement; and
(b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
3. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
[3.] 4. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.
[4.] 5. No person has a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 5. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
Before a person may be released on parole, he must submit to the division a signed document stating that:
1. He will comply with the conditions of his parole; and
2. If he fails to comply with the conditions of his parole and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
κ1995 Statutes of Nevada, Page 28 (CHAPTER 25, SB 61)κ
Sec. 6. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive, and section 5 of this act, unless the contest otherwise requires:
1. Board means the state board of parole commissioners.
2. Chief means the chief parole and probation officer.
3. Division means the division of parole and probation of the department of motor vehicles and public safety.
4. Residential confinement means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. Standards means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief parole and probation officer.
Sec. 7. NRS 213.1089 is hereby amended to read as follows:
213.1089 1. For the purposes of NRS 213.107 to 213.160, inclusive [:] and section 5 of this act:
(a) The chairman of the board; and
(b) The inquiring officer conducting an inquiry pursuant to NRS 213.1511, may issue subpoenas to compel the attendance of witnesses and the production of books and papers.
2. If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the chairman of the board or inquiring officer may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the chairman of the board or inquiring officer pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the board or at the inquiry which is named in the subpoena, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers.
3. Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers. A certified copy of the order [shall] must be served upon the witness.
4. If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the board or at the inquiry at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness [shall] must be dealt with as for contempt of court.
Sec. 8. NRS 213.1099 is hereby amended to read as follows:
213.1099 1. Except as otherwise provided in this section and NRS 213.1215, the board may release on parole a prisoner otherwise eligible for parole under NRS 213.107 to 213.160, inclusive [.] , and section 5 of this act.
κ1995 Statutes of Nevada, Page 29 (CHAPTER 25, SB 61)κ
2. In determining whether to release a prisoner on parole, the board shall consider:
(a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;
(b) Whether the release is incompatible with the welfare of society;
(c) The seriousness of the offense and the history of criminal conduct of the prisoner; and
(d) The standards adopted pursuant to NRS 213.10987 and the recommendation, if any, of the chief parole and probation officer.
3. When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the term of imprisonment imposed by the court less any good time or other credits earned against the term.
4. Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order that he be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he has no history of:
(a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;
(b) Repetitive criminal conduct;
(c) Criminal conduct related to the use of alcohol or drugs;
(d) Repetitive sexual deviance, violence or aggression; or
(e) Failure in parole, probation, work release or similar programs.
5. In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.
Sec. 9. This act becomes effective upon passage and approval.
________
Assembly Bill No. 129Committee on Ways and Means
CHAPTER 26
AN ACT making supplemental appropriations to the state department of conservation and natural resources for additional staff and equipment for the state administrative offices of the division of forestry and the office of the director; and providing other matters properly relating thereto.
[Approved April 10, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources the sum of $5,603 for additional staff and equipment for the state administrative office.
κ1995 Statutes of Nevada, Page 30 (CHAPTER 26, AB 129)κ
administrative office. This appropriation is supplemental to that made by section 24 of chapter 350, Statutes of Nevada 1993, at page 1120.
Sec. 2. There is hereby appropriated from the state general fund to the office of the director of the state department of conservation and natural resources the sum of $33,145 for additional staff and equipment for the state administrative office. This appropriation is supplemental to that made by section 24 of chapter 350, Statutes of Nevada 1993, at page 1120.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 128Committee on Ways and Means
CHAPTER 27
AN ACT making a supplemental appropriation to the department of taxation to offset revenue shortfalls and for additional data processing expenses; and providing other matters properly relating thereto.
[Approved April 13, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of taxation the sum of $1,510,223 for additional data processing expenses and for an anticipated shortfall in revenue from audits of certain state agencies. This appropriation is supplemental to that made by section 9 of chapter 350, Statutes of Nevada 1993, at page 1115.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 127Committee on Ways and Means
CHAPTER 28
AN ACT making a supplemental appropriation to the division of agriculture of the department of business and industry for additional veterinary medical services; and providing other matters properly relating thereto.
[Approved April 13, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of agriculture of the department of business and industry the sum of $2,198 for additional veterinary medical services.
κ1995 Statutes of Nevada, Page 31 (CHAPTER 28, AB 127)κ
$2,198 for additional veterinary medical services. This appropriation is supplemental to that made by section 23 of chapter 350, Statutes of Nevada 1993, at page 1120.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 126Committee on Ways and Means
CHAPTER 29
AN ACT making a supplemental appropriation to the division of forestry of the state department of conservation and natural resources for certain expenses relating to helicopters for use during the fire season; and providing other matters properly relating thereto.
[Approved April 13, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources the sum of $66,250 for expenses related to the helicopters for use during the fire season. This appropriation is supplemental to that made by section 24 of chapter 350, Statutes of Nevada 1993, at page 1120.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 190Committee on Government Affairs
CHAPTER 30
AN ACT relating to aircraft carriers; repealing the authority of the public service commission of Nevada to require aircraft carriers to file and keep in force adequate indemnity bonds or insurance; and providing other matters properly relating thereto.
[Approved April 13, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.270 is hereby repealed.
________
κ1995 Statutes of Nevada, Page 32κ
Assembly Bill No. 7Committee on Education
CHAPTER 31
AN ACT relating to state departments; transferring the commission on postsecondary education from the department of business and industry to the department of education; and providing other matters properly relating thereto.
[Approved April 13, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.510 is hereby amended to read as follows:
232.510 1. The department of business and industry is hereby created.
2. The department consists of a director and the following:
(a) Consumer affairs division.
(b) Division of financial institutions.
(c) Housing division.
(d) Manufactured housing division.
(e) Real estate division.
(f) Division of unclaimed property.
(g) Division of agriculture.
(h) Division of minerals.
(i) Division of insurance.
(j) Division of industrial relations.
(k) Office of labor commissioner.
(l) [Commission on postsecondary education.
(m)] Taxicab authority.
Sec. 2. NRS 385.010 is hereby amended to read as follows:
385.010 1. A department of education is hereby created.
2. The department consists of the state board of education, the state board for occupational education , [and] the superintendent of public instruction [.] and the commission on postsecondary education.
3. The superintendent of public instruction is the executive head of the department.
Sec. 3. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 33κ
Assembly Bill No. 5Committee on Education
CHAPTER 32
AN ACT relating to school districts; revising provisions governing the term of employment of a superintendent of schools of a district; and providing other matters properly relating thereto.
[Approved April 13, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.110 is hereby amended to read as follows:
391.110 1. The board of trustees of a school district may:
(a) Employ any person licensed for the position of administrator to serve as the superintendent of schools of the school district. The commission may require the superintendent of any school district to hold a masters degree.
(b) Define his powers and fix his duties.
(c) Fix his salary.
2. [No] A superintendent of schools may be employed [for more than a term of 1 year unless he has first served 2 years satisfactorily as a licensed teacher or administrator in the school district. If he has served 2 years satisfactorily in the school district as a licensed teacher or administrator he may be employed for a term of] for an initial term not to exceed 4 years. The term of any subsequent employment may be of any duration.
3. A superintendent of schools may be dismissed at any time for cause.
4. A superintendent of schools may administer oaths or affirmations relating to public schools.
Sec. 2. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 79Assemblymen Dini, Goldwater, Spitler, Price, Krenzer, Manendo, Chowning, Ohrenschall, de Braga, Giunchigliani, Segerblom, Perkins, Marvel, Hettrick, Monaghan and Bache
CHAPTER 33
AN ACT relating to higher education; requiring the legislative auditor to conduct a performance audit of the University and Community College System of Nevada and the Board of Regents of the University of Nevada; and providing other matters properly relating thereto.
[Approved April 17, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The legislative auditor shall conduct a performance audit of the University and Community College System of Nevada and the Board of Regents of the University of Nevada.
κ1995 Statutes of Nevada, Page 34 (CHAPTER 33, AB 79)κ
2. The audit must include an examination of the methods used by the University and Community College System of Nevada and the Board of Regents to control their budgets and expenditures.
3. The legislative auditor shall present a final written report of the audit to the audit subcommittee of the legislative commission not later than January 19, 1997.
4. The provisions of NRS 218.737 to 218.890, inclusive, apply to the audit conducted pursuant to subsection 1.
Sec. 2. 1. Upon the request of the legislative auditor, the University and Community College System of Nevada shall transfer from its budget to the audit division of the legislative counsel bureau the sum of $70,000 to carry out the provisions of section 1 of this act.
2. Any remaining balance of the sum transferred pursuant to subsection 1 must not be committed for expenditure after January 19, 1997, and reverts to the University and Community College System of Nevada as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 166Assemblymen Evans, Price, Dini, Tripple, Segerblom, Freeman, de Braga, Williams, Arberry, Anderson, Tiffany, Close, Krenzer and Manendo
CHAPTER 34
AN ACT relating to property tax; providing an exemption for property owned by certain nonprofit organizations which is rented to certain other nonprofit organizations; and providing other matters properly relating thereto.
[Approved April 17, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.110 is hereby amended to read as follows:
361.110 [The]
1. Except as otherwise provided in subsection 2, the buildings, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, of the Nevada Museum of Art, Inc., the Young Mens Christian Association, the Young Womens Christian Association, the American National Red Cross or any of its chapters in the State of Nevada, the Salvation Army Corps, the Girl Scouts of America, the Camp Fire Girls, Inc., the Boy Scouts of America and the Sierra Arts Foundation are exempt from taxation . [; but when any such property]
2. If any property exempt from taxation pursuant to subsection 1 is used for purposes other than those of [those] the organizations described in subsection 1, respectively, and a rent or other valuable consideration is received for its use, the property must be taxed [.] , unless the rent or other valuable consideration is paid or given by an organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C.§ 501(c)(3).
κ1995 Statutes of Nevada, Page 35 (CHAPTER 34, AB 166)κ
consideration is paid or given by an organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C.§ 501(c)(3).
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 27Committee on Transportation
CHAPTER 35
AN ACT relating to the department of motor vehicles and public safety; revising the provisions relating to proof of identity for the issuance of a drivers license or an instruction permit or identification card; and providing other matters properly relating thereto.
[Approved April 17, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.290 is hereby amended to read as follows:
483.290 1. Every application for an instruction permit or for a drivers license must:
(a) Be made upon a form furnished by the department.
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.
(c) Be accompanied by the required fee.
(d) State the full name, date of birth, sex [,] and residence address of the applicant and briefly describe the applicant.
(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.
(f) Include such other information as the department may require to determine the applicants competency and eligibility.
2. Every applicant [shall] must furnish proof of his age by displaying:
(a) If the applicant was born in the United States, a birth certificate [, baptismal certificate or other proof acceptable to the department,] issued by a state or the District of Columbia or other proof of the applicants date of birth, including, but not limited to, a drivers license issued by another state or the District of Columbia [;] , or a baptismal certificate and other proof that is determined to be necessary and is acceptable to the department; or
(b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice, a Report of Birth Abroad of a United States Citizen Child issued by the Department of State, a drivers license issued by another state or the District of Columbia, [or] a passport [.]
κ1995 Statutes of Nevada, Page 36 (CHAPTER 35, AB 27)κ
issued by another state or the District of Columbia, [or] a passport [.] or other proof acceptable to the department.
3. At the time of applying for a drivers license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.
4. Every applicant who has been assigned a social security number [shall] must furnish proof of his social security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the applicants social security number; or
(b) Other proof acceptable to the department, including, but not limited to, records of employment or federal income tax returns.
Sec. 2. NRS 483.860 is hereby amended to read as follows:
483.860 1. Every applicant for an identification card [shall] must furnish proof of his age by presenting a birth certificate [, baptismal certificate] issued by a state or the District of Columbia or other proof [acceptable to the department and shall provide] of the applicants date of birth, including, but not limited to, a drivers license issued by another state or the District of Columbia, or a baptismal certificate and such other corroboration of the matters stated in his application as are required of applicants for a drivers license.
2. Every applicant who has been assigned a social security number [shall] must furnish proof of his social security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the applicants social security number; or
(b) Other proof acceptable to the department , including, but not limited to, records of employment or federal income tax returns.
________
Senate Bill No. 367Committee on Government Affairs
CHAPTER 36
AN ACT relating to the White Pine County School District; authorizing the board of trustees of the district to borrow money on a short-term basis to pay for the operating expenses of the district; requiring the payment of that obligation from money in the state distributive school account that is subject to distribution to the district; providing a penalty; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature hereby finds and declares that:
1. The provisions of NRS 354.650 to 354.720, inclusive, authorize the department of taxation to determine whether a condition of financial difficulty exists in any local government and to determine whether corrective action is necessary;
2. Pursuant to this procedure, the department of taxation, at a hearing held on March 22, 1995, found the White Pine County School District to be in a condition of financial difficulty;
κ1995 Statutes of Nevada, Page 37 (CHAPTER 36, SB 367)κ
3. At that hearing, representatives of the White Pine County School District confirmed that the school district would not have sufficient cash available to pay the expenses required to operate the school district for the period beginning on April 1, 1995, and ending on July 31, 1995;
4. It is important to the residents of White Pine County and the State of Nevada that the children attending public schools in that county be able to attend those schools for the remainder of the 1994-95 school year without interruption;
5. The general laws of this state do not allow the White Pine County School District to borrow money within the time that is needed to continue the operation of the school district; and
6. A special law is necessary to provide for the continued operation of the White Pine County School District, and that a general law cannot be made applicable because of the condition of financial difficulty that is unique to the White Pine County School District.
Sec. 2. 1. Notwithstanding the provisions of chapter 354 of NRS, the board of trustees of the White Pine County School District may, in accordance with the provisions of this section, borrow money in an amount not to exceed $2,800,000 to pay the operating expenses of the school district for the period beginning on April 1, 1995, and ending on July 31, 1995. Any money borrowed pursuant to this section:
(a) May not be used to pay for any capital obligation incurred on or after April 1, 1995.
(b) Must not be considered in the negotiation of the salaries and benefits of persons employed by the White Pine County School District.
2. The local governmental advisory committee shall:
(a) Adopt procedures to be used by the White Pine County School District to borrow the money needed to pay the operating expenses of the school district for the period beginning on April 1, 1995, and ending on July 31, 1995;
(b) Solicit proposals from prospective lenders to obtain the loans that are required to pay those expenses; and
(c) Review the proposals received to determine which of the proposals is in the best interests of the residents of White Pine County after giving consideration to the rates of interest and other terms and conditions of the various proposals received.
3. The board of trustees may, by resolution, authorize such financing pursuant to any proposal approved by the local governmental advisory committee if, in a separate resolution, the board of trustees declares that the school district is unable to pay the expenses incurred to operate the school district for the period beginning on April 1, 1995, and ending on July 31, 1995. The resolution authorizing such financing must be adopted at a regular or special meeting of the board of trustees for which notice has been given pursuant to the provisions of NRS 241.020.
4. The maximum term of any obligation incurred by the White Pine County School District pursuant to this section may not exceed 5 years.
5. To evidence any obligation incurred pursuant to this section, the board of trustees may issue as general obligations any of the securities set forth in NRS 350.580.
κ1995 Statutes of Nevada, Page 38 (CHAPTER 36, SB 367)κ
6. Any obligation incurred by the board of trustees pursuant to this section does not constitute an obligation of the State of Nevada.
7. Any member of the board of trustees of the White Pine County School District, or any officer, agent or other representative of the board of trustees, who willfully violates any provision of this section is guilty of a misdemeanor.
Sec. 3. 1. Within 10 days after the White Pine County School District incurs any obligation pursuant to section 2 of this act, the clerk of the school district shall deliver to the state treasurer certified copies of each document that sets forth the terms and conditions for the payment of that obligation.
2. Notwithstanding the provisions of chapter 387 of NRS and any other legislative measure that provides for the distribution of money in the state distributive school account in the state general fund, as any payment of principal and interest becomes due on any obligation incurred by the school district pursuant to section 2 of this act, the state treasurer shall:
(a) Pay over to the person to whom the payment is owned, the amount that is due as evidenced by the documents received pursuant to subsection 1. The money must be paid from the money in the state distributive school account in the state general fund that is subject to distribution to the White Pine County School District pursuant to chapter 387 of NRS.
(b) Withhold from the school money due the White Pine County School District pursuant to NRS 387.185, the amounts that are required to pay any installments of principal and interest pursuant to paragraph (a).
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 325Committee on Ways and Means
CHAPTER 37
AN ACT making a supplemental appropriation to the department of prisons for an unexpected increase in incarcerated offenders; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of prisons the sum of $1,252,500 for an unexpected increase in the number of incarcerated offenders, to be allocated:
Central office costs associated with early opening of Lovelock Correctional Center....................................................................................... $34,694
Other costs associated with operation of Lovelock Correctional Center .............................................................................. $1,000,668
Costs associated with Northern Nevada Correctional Center... $217,138 This appropriation is supplemental to that made by section 21 of chapter 350, Statutes of Nevada 1993, at page 1119.
κ1995 Statutes of Nevada, Page 39 (CHAPTER 37, AB 325)κ
This appropriation is supplemental to that made by section 21 of chapter 350, Statutes of Nevada 1993, at page 1119.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 272Assemblymen Marvel, Carpenter and Neighbors
CHAPTER 38
AN ACT relating to taxation; revising the manner in which the tax on the net proceeds of minerals is paid and the penalty for late payments; making various changes concerning the distribution of the proceeds of the tax to the local entities; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 362 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the net proceeds of a geographically separate extractive operation in any calendar year exceed $4,000,000, the tax upon the net proceeds for the next calendar year must be paid:
(a) On or before August 1 for the net proceeds extracted from January 1 through June 30 of that year;
(b) On or before November 1 for the net proceeds extracted from July 1 through September 30 of that year; and
(c) On or before February 1 for the net proceeds extracted from October 1 through December 31 of the preceding year.
The rate of tax must be computed pursuant to NRS 362.140 on the basis of the best estimate of the taxpayer as to the rate that will be applicable for the current year. If the rate selected is different than the rate paid in the previous year, the taxpayer shall submit a brief explanation with the payment to justify the rate selected. If, upon investigation of the facts, the department determines that an inappropriate rate was used which resulted in an underpayment of the taxes due, the department shall immediately notify the taxpayer in writing of the deficiency. The taxpayer shall pay the deficiency within 10 days after receipt of such a notice.
2. If the total amount of royalties paid by a geographically separate operation to a person in any calendar year exceeds $100,000, the recipient of the royalties shall pay the tax on the royalties for the next calendar year:
(a) On or before August 1 for royalties paid from January 1 through June 30 of that year;
(b) On or before November 1 for royalties paid from July 1 through September 30 of that year; and
(c) On or before February 1 for royalties paid from October 1 through December 31 of the preceding year.
κ1995 Statutes of Nevada, Page 40 (CHAPTER 38, AB 272)κ
3. The tax upon the net proceeds for any other operation or on any other royalties may be paid pursuant to the requirements of subsection 1 or 2.
4. The taxpayer shall include with each payment made pursuant to this section a copy of the calculations by which the amount of the payment was determined, including the amount of net proceeds and the rate of tax.
5. On or before March 15 of each year, the department shall provide a notice to each person to whom subsection 1 or 2 is applicable. The notice must include a copy of this section and state that the department has determined that subsection 1 or 2 is applicable to that person for the current calendar year. Failure to receive the notice required by this subsection does not excuse late payment or nonpayment.
Sec. 2. NRS 362.110 is hereby amended to read as follows:
362.110 1. Every person extracting any mineral in this state or receiving any royalty:
(a) Shall, on or before February [15] 1 of each year, except as otherwise provided in paragraph (b), file with the department a statement showing the gross yield and claimed net proceeds from each geographically separate operation where a mineral is extracted by that person during the calendar year immediately preceding the year in which the statement is filed.
(b) May have up to [30] 15 additional days to file the statement, if beforehand he makes written application to the department and the department finds good cause for the extension.
2. The statement must:
(a) Show the claimed deductions from the gross yield in the detail set forth in NRS 362.120. The deductions are limited to the costs incurred during the period covered by the statement.
(b) Be in the form prescribed by the department.
(c) Be verified by the manager, superintendent, secretary or treasurer of the corporation, or by the owner of the operation, or, if the owner is a natural person, by someone authorized in his behalf.
3. Each recipient of a royalty as described in subsection 1 shall annually file with the department a list showing each of the lessees responsible for taxes due in connection with the operation or operations included in the statement filed pursuant to subsections 1 and 2.
Sec. 3. NRS 362.115 is hereby amended to read as follows:
362.115 In addition to the statement required by subsection 1 of NRS 362.110, each person [who is required to file that statement:
1. Shall,] extracting any mineral in this state shall on or before [May] April 30 of each year, file with the department a statement showing the estimated gross yield and estimated net proceeds from each such operation for the entire current calendar year [, and shall pay the tax upon the net proceeds so estimated to the department on or before July 15 of that year. If an estimate is filed, the amount due under the final certification pursuant to NRS 362.130 is the difference between the total tax established upon the certification and the sum of the estimated payments made or credited, if any, for that calendar year. If the sum of the estimated payments exceeds the total tax, the taxpayer is entitled to credit the excess against the ensuing estimates or final taxes due until it is exhausted, or, if the taxpayer files a statement with the department which indicates that he will have no tax liability for the next calendar year, upon verification by the department, the taxpayer is entitled to receive a refund.
κ1995 Statutes of Nevada, Page 41 (CHAPTER 38, AB 272)κ
calendar year, upon verification by the department, the taxpayer is entitled to receive a refund.
2. May file with the department a quarterly report stating an estimate for the year and the actual quarterly amounts of production, gross yield and net proceeds as of March 31, June 30, September 30 and December 31, to establish whether liability for a penalty exists. If the person chooses to submit such reports, the reports must be submitted on a form prescribed by the department no later than the last day of the month following the end of the calendar quarter.] and an estimate of all royalties that will be paid during the current calendar year. The department shall use this statement only to prepare estimates for use by local governments in the preparation of budgets.
Sec. 4. NRS 362.130 is hereby amended to read as follows:
362.130 1. When the department determines from the annual statement filed pursuant to NRS 362.110 the net proceeds of any minerals extracted, it shall prepare its certificate of the amount of the net proceeds and the tax due and shall send a copy to the owner of the mine, operator of the mine, or recipient of the royalty, as the case may be.
2. The certificate must be prepared and mailed not later than [June 10] April 20 immediately following the month of February during which the statement was filed.
3. [If the amount paid pursuant to NRS 362.115 is less than 90 percent of the amount certified pursuant to this section, the amount due must include a penalty of 10 percent of the underpayment unless:
(a) The amount paid pursuant to NRS 362.115 is equal to or greater than the total tax liability of the operation for the immediately preceding calendar year; or
(b) The person files quarterly reports pursuant to subsection 2 of NRS 362.115 in a timely manner for that year and pays the additional amount due within 30 days after the quarterly report that indicates the additional estimated tax liability is filed with the department. The additional estimated tax liability must be calculated by determining the difference between the revised estimates of net proceeds based on the recent production figures as indicated by the quarterly reports and the original estimate supplied on May 30 of that year.
4. The taxes and any penalty are due on June 30 of that year.] The tax due as indicated in the certificate prepared pursuant to this section must be paid on or before May 10 of the year in which the certificate is received.
4. If the owner of the mine, operator of the mine, or recipient of the royalty paid taxes pursuant to subsection 1 or 2 of section 1 of this act, the certificate must indicate any deficiency remaining from the previous calendar year or any overpayment of the taxes made for the previous calendar year.
5. Any deficiency remaining from the previous calendar year, as indicated on the certificate prepared pursuant to this section must be paid on or before May 10 of the year in which the certificate is received.
6. If an overpayment was made and subsection 1 or 2 of section 1 of this act applies to the taxpayer for the current calendar year or the taxpayer chooses to pay the tax pursuant to subsection 1 or 2 of section 1 of this act for the current calendar year, one-half of the overpayment may be credited towards the payment due on August 1 of the current calendar year and one-quarter may be credited towards each of the other two payments due for the current calendar year.
κ1995 Statutes of Nevada, Page 42 (CHAPTER 38, AB 272)κ
quarter may be credited towards each of the other two payments due for the current calendar year. If neither subsection 1 nor subsection 2 of section 1 of this act is applicable to the taxpayer for the current calendar year and the tax is paid on or before May 10 of the next calendar year, the overpayment may be credited towards that payment.
Sec. 5. NRS 362.160 is hereby amended to read as follows:
362.160 1. If the amount of any tax [or estimated payment] required by NRS 362.100 to 362.240, inclusive, is not paid within [30] 10 days after it is due, it is delinquent and must be collected as other delinquent taxes are collected by law, together with [the penalties provided for the collection of delinquent taxes.] a penalty of 10 percent of the amount of the tax which is owed, as determined by the department, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date the tax was due until the date of payment.
2. Any person extracting any mineral or receiving a royalty may appeal from the imposition of the penalty and interest to the Nevada tax commission by filing a notice of appeal within 30 days after the tax became due.
Sec. 6. NRS 362.170 is hereby amended to read as follows:
362.170 1. There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, by the combined rate of tax ad valorem, excluding any rate levied by the State of Nevada, for property at that site [.] , plus a pro rata share of any penalties and interest collected by the department for the late payment of taxes distributed to the county. The department shall report to the state controller [for distribution on August 1] on or before February 15, May 25, August 15 and November 15 of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year [.] and the statements filed pursuant to section 1 of this act. The state controller shall distribute all money due to a county on or before February 20, May 30, August 20 and November 20 of each year.
2. The county treasurer shall apportion to each local government or other local entity [, the] an amount calculated by:
(a) Determining the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation [, including] and any royalty payments [,] paid by that operation, by the rate levied on behalf of that local government or other local entity [, less] ;
(b) Adding to the amount determined pursuant to paragraph (a) a pro rata share of any penalties and interest collected by the department for the late payment of taxes distributed to that local government or local entity; and
(c) Subtracting from the amount determined pursuant to paragraph (b) a percentage commission of 3 percent of that amount which must be deposited in the county general fund.
3. The amounts apportioned pursuant to [this subsection,] subsection 2, including the amount retained by the county and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.
κ1995 Statutes of Nevada, Page 43 (CHAPTER 38, AB 272)κ
[3.] 4. The department shall report to the state controller on [August 1] May 25 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.
Sec. 7. NRS 362.173 is hereby amended to read as follows:
362.173 1. The permanent net proceeds fund is hereby created as a trust fund. No portion of the principal of the fund may be removed except by direct legislative appropriation. Any such appropriation must receive the votes of a two-thirds majority of each house of the legislature.
2. On or before [August 15] June 1 of each year, the state controller shall deposit in the fund 5 percent of the portion of the revenue from the tax on the net proceeds of minerals that is remaining after [the appropriation made by] all of the distributions of the proceeds of the taxes paid for the previous calendar year have been made pursuant to NRS 362.170.
3. On or before [August] June 15 of each odd-numbered year, the state controller shall transfer to the fund any revenue from the tax on the net proceeds of minerals that was received [during] in payment for taxes due for the 2 previous fiscal years which, after subtracting the amount deposited pursuant to subsection 2 and the amount appropriated pursuant to NRS 362.170 for both fiscal years, exceeds $55,000,000.
Sec. 8. NRS 362.230 is hereby amended to read as follows:
362.230 1. Every person extracting any mineral in this state, or receiving a royalty in connection therewith, who fails to file with the department the statements provided for in NRS 362.100 to 362.240, including, during the time and in the manner provided for in NRS 362.100 to 362.240, inclusive, shall pay a penalty of not more than [10 percent of the amount of the tax due or $5,000, whichever is less.] $5,000. If any such person fails to file the statement, the department may ascertain and certify the net proceeds of the minerals extracted or the value of the royalty from all data and information obtainable, and the amount of the tax due must be computed on the basis of the amount due so ascertained and certified.
2. The executive director shall determine the amount of the penalty. This penalty becomes a debt due the State of Nevada and, upon collection, must be deposited in the state treasury to the credit of the state general fund.
3. Any person extracting any mineral or receiving a royalty may appeal from the imposition of the penalty [and interest] to the Nevada tax commission by filing a notice of appeal within 30 days after the decision of the executive director.
Sec. 9. 1. On or before August 15, 1995, the state controller shall distribute the proceeds of the taxes that were due on June 30, 1995, and paid pursuant to NRS 362.130, as it existed before amendment by this act, to the counties to which they were appropriated.
2. On or before August 1, 1995, the state controller shall make the payment required by subsection 2 of NRS 362.173 for the 1995 calendar year.
κ1995 Statutes of Nevada, Page 44 (CHAPTER 38, AB 272)κ
3. All taxes imposed by chapter 362 of NRS for:
(a) The 1994 calendar year must be paid pursuant to chapter 362 of NRS as it existed before amendment by this act.
(b) The 1995 calendar year must be paid pursuant to chapter 362 of NRS as amended by this act.
Sec. 10. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 337Committee on Taxation
CHAPTER 39
AN ACT relating to county business licenses; revising provisions requiring an affidavit for the issuance of a license; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 364.110 is hereby amended to read as follows:
364.110 No county license board and no other licensing authority, whether county, city or township, within the State of Nevada, shall issue an initial license or transfer any license to any person, firm or corporation authorizing [such] the person, firm or corporation to engage in, or in any manner carry on, any business of the retail sale of wines, beers, liquors, soft drinks, produce, meats or other foodstuffs, clothing, hardware, or any other type or class of merchandise whatever, without requiring the applicant or applicants for [such] the license to file with [such] the licensing authority an affidavit showing:
1. Whether [such] the applicant or applicants are engaged in business under a fictitious name, and if so engaged in business, that [such] the applicant or applicants have complied with the provisions of chapter 602 of NRS.
2. Whether there has been any change in ownership in the business of the applicant or applicants during the preceding calendar year, and if there has been any such change in ownership, that [such] the change was made in compliance with the provisions of chapter 104 of NRS.
________
κ1995 Statutes of Nevada, Page 45κ
Assembly Bill No. 298Committee on Commerce
(Requested by State Board of Professional Engineers and Land Surveyors)
CHAPTER 40
AN ACT relating to professions; revising the designation for engineers-in-training and land surveyors-in-training; revising the passing grades for the examinations required for registration as professional engineers and land surveyors; authorizing the state board of professional engineers and land surveyors to administer a certain part of the written examination for registration as a professional engineer to persons who are not applicants for registration as professional engineers in this state; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 625.030 is hereby amended to read as follows:
625.030 [Engineer-in-training] Engineering intern means an applicant for registration as a professional engineer.
Sec. 2. NRS 625.035 is hereby amended to read as follows:
625.035 [Land surveyor-in-training] Land-surveying intern means an applicant for registration as a land surveyor.
Sec. 3. NRS 625.170 is hereby amended to read as follows:
625.170 The executive director of the board shall prepare once each year, or at intervals as established by the board, a roster showing the names, last known addresses and disciplines of engineering of all registered professional engineers and the names and last known addresses of all land surveyors, [engineers-in-training and land surveyors-in-training.] engineering interns and land-surveying interns. Copies of the roster must be:
1. Mailed to each person so registered.
2. Placed on file with the secretary of state and county and city clerks.
3. Distributed or sold to the public.
Sec. 4. NRS 625.185 is hereby amended to read as follows:
625.185 To be eligible for certification by the board as an [engineer-in-training] engineering intern an applicant must:
1. Be a graduate of or in his final year of an engineering curriculum of 4 years or more that is approved by the board, and successfully pass the written examination described in paragraph (a) of subsection 1 of NRS 625.200; or
2. Have 4 years or more of experience in engineering work satisfactory to the board and successfully pass the written examination described in paragraph (a) of subsection 1 of NRS 625.200.
Sec. 5. NRS 625.200 is hereby amended to read as follows:
625.200 1. The written examination for registration as a professional engineer must consist of a 2-day test, of four 4-hour periods, divided into two parts:
(a) Part 1 must be an 8-hour written examination on the fundamentals of engineering . [and must cover the subject matter of a general engineering education or training.] If the applicant is a graduate from an engineering school approved by the board and has more than 8 years of experience in responsible engineering, part 1 may be waived.
κ1995 Statutes of Nevada, Page 46 (CHAPTER 40, AB 298)κ
school approved by the board and has more than 8 years of experience in responsible engineering, part 1 may be waived.
(b) Part 2 must be an 8-hour written examination on the principles and practices of engineering and must cover that discipline of engineering in which the applicant is engaged as indicated by his record of experience and to which he has applied for registration.
Where possible, the usually recognized disciplines of engineering must be considered in the preparation of the examination. The board may conform the nature and extent of the examination to the particular qualifications of the applicant.
2. The board may administer or authorize an accredited college or university which offers a program in engineering approved by the board to administer part 1 of the written examination to persons who are not applicants for registration as professional engineers in this state.
3. An applicant for registration must pass part 1 of the written examination or receive a waiver of part 1 before taking part 2 of the examination.
[3.] 4. The board may require additional written examinations for registration in specialized areas of practice within one or more recognized disciplines of engineering.
[4.] 5. The board may prescribe or limit the use of notes, texts and reference materials, but shall allow each applicant to use any standard table of mathematical or physical data of his own selection within the prescribed or limited categories.
[5.] 6. Oral examinations must be given in the manner prescribed by the board.
[6.] 7. To qualify for registration as a professional engineer or an [engineer-in-training,] engineering intern, an applicant must receive a grade of not less than 70 [percent] on his examination.
Sec. 6. NRS 625.275 is hereby amended to read as follows:
625.275 Except as provided in NRS 625.305, to be eligible for certification as a [land surveyor-in-training,] land-surveying intern, an applicant must:
1. Be a graduate of or in his final year of an approved land-surveying or engineering curriculum of 4 years of more, approved by the board as satisfactory, and have successfully passed Part I of a written examination designated by the board; or
2. Have had 4 years or more of experience in land-surveying work satisfactory to the board, and have successfully passed Part I of the examination provided for in NRS 625.280.
Sec. 7. NRS 625.290 is hereby amended to read as follows:
625.290 To qualify for registration as a professional land surveyor or [a certificate as a land surveyor-in-training,] for certification as a land-surveying intern, an applicant must receive a grade of not less than 70 [percent] on his examination.
Sec. 8. NRS 625.305 is hereby amended to read as follows:
625.305 The board may issue a certificate as a [land surveyor-in-training] land-surveying intern to an applicant, upon presentation of evidence of his certification in good standing from a state or territory maintaining standards of engineering or land-surveying certification equivalent to those in Nevada if in the judgment of the board he has the necessary qualifications [under] required by this chapter.
κ1995 Statutes of Nevada, Page 47 (CHAPTER 40, AB 298)κ
in the judgment of the board he has the necessary qualifications [under] required by this chapter. The board may require him to pass a written or oral examination.
Sec. 9. NRS 625.385 is hereby amended to read as follows:
625.385 1. The board shall certify as an [engineer-in-training or a land surveyor-in-training] engineering intern or land-surveying intern any person qualified [under] pursuant to the provisions of this chapter.
2. A person certified pursuant to subsection 1 may practice engineering or land surveying as a subordinate. Any work performed by an [engineer-in-training or land surveyor-in-training] engineering intern or land-surveying intern may, if deemed of a satisfactory nature by the board, be applied toward the requirements for experience set forth in NRS 625.180 and 625.270.
Sec. 10. NRS 625.390 is hereby amended to read as follows:
625.390 1. An applicant for registration as a professional engineer or land surveyor or for certification as an [engineer-in-training or land surveyor-in-training] engineering intern or land-surveying intern must:
(a) Complete a form furnished and prescribed by the board;
(b) Answer all questions on the form under oath; and
(c) Provide a detailed summary of this technical training and education.
2. Unless the requirement is waived by the board, an applicant for registration must provide the names of not less than four references who have knowledge of the background, character and technical competence of the applicant. None of the persons named as references may be members of the board. If the applicant is:
(a) Applying for registration as a [land surveyor-in-training,] land-surveying intern, at least three of the persons named as references must be professional land surveyors registered in this or any other state.
(b) Applying for registration as a professional engineer, the persons named as references must be professional engineers registered in this or any other state, three of whom must be registered in the same discipline of engineering for which the applicant is applying for registration.
(c) Applying for registration as a land surveyor, the persons named as references must be professional land surveyors registered in this or any other state.
3. The board shall, by regulation, establish the application fee for professional engineers and professional land surveyors in an amount not more than $200. The fee is nonrefundable and must accompany the application.
4. The board shall charge and collect from each applicant for certification as an [engineer-in-training or a land surveyor-in-training] engineering intern or land-surveying intern a fee fixed by the board of not more than $100, which includes the cost of examination and the issuance of a certificate. [The certificate as an engineer-in-training or as a land surveyor-in-training is valid for 8 years. At the end of the stated period the certificates expire but may be renewed as in the case of any original applicant.]
5. A nonresident applying for registration as a professional engineer or land surveyor is subject to the same fees as a resident.
6. An applicant must furnish proof that he is a citizen of the United States or that he is lawfully entitled to remain and work in the United States.
κ1995 Statutes of Nevada, Page 48 (CHAPTER 40, AB 298)κ
7. The board shall require the biennial renewal of each certificate of registration of a professional engineer or professional land surveyor and collect a renewal fee of not more than $100, prescribed by regulation of the board, except that the board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.
8. In addition to the fee for renewal, the board shall require a holder of an expired certificate of registration to pay, as a condition of renewal, a penalty in an amount established by regulation of the board.
Sec. 11. NRS 625.460 is hereby amended to read as follows:
625.460 If, after a hearing, a majority of the members of the board present at the hearing vote in favor of finding the accused professional engineer, professional land surveyor, or applicant for registration as a professional engineer or land surveyor or for certification as an [engineer-in-training or land surveyor-in-training,] engineering intern or land-surveying intern, guilty, the board may:
1. Revoke the certificate of registration of the registered professional engineer or land surveyor or deny a certificate of registration to the applicant;
2. Suspend the license of the professional engineer or land surveyor;
3. Fine the professional engineer, professional land surveyor or applicant not more than $5,000 for each violation of a provision of this chapter or any regulation adopted by the board;
4. Place the professional engineer, professional land surveyor or applicant on probation for such periods as it deems necessary and, if the board deems appropriate, require the professional engineer, professional land surveyor or applicant to pay restitution to clients or other persons who have suffered economic losses as a result of a violation of the provisions of this chapter or the regulations adopted by the board; or
5. Take such other disciplinary action as the board deems appropriate.
________
Assembly Bill No. 63Committee on Commerce
CHAPTER 41
AN ACT relating to professions; increasing the number of years of active experience in engineering work required for certain applicants for registration as professional engineers; increasing the number of years of active experience in land surveying required for certain applicants for registration as professional land surveyors; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 625.180 is hereby amended to read as follows:
625.180 1. Any citizen of the United States or any person who is lawfully entitled to remain and work within the United States, and is over the age of 21 years, may apply to the board for examination, in accordance with the provisions of this chapter and the regulations adopted by the board, for registration as a professional engineer.
κ1995 Statutes of Nevada, Page 49 (CHAPTER 41, AB 63)κ
provisions of this chapter and the regulations adopted by the board, for registration as a professional engineer.
2. A person is not eligible for registration as a professional engineer if he is not of good character and reputation.
3. An applicant for registration as a professional engineer is not entitled to take the examination unless:
(a) He is a graduate from an approved course in engineering of 4 years or more in a school or college approved by the board, and has a record of an additional 4 years or more of active experience in engineering work that is satisfactory to the board and indicates that the applicant is competent to be placed in responsible charge of engineering work; or
(b) He has a record of [8] 10 years or more of active experience in engineering work that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of engineering work.
4. The satisfactory completion of each year of approved courses in engineering in a school or college approved by the board, without graduation, is equivalent to 1 year of active experience.
5. Graduation in a course , other than engineering from a college or university of recognized standing , is equivalent to 2 years of active experience.
6. An applicant may not receive credit for more than 4 years of active experience because of educational qualifications.
7. The mere execution as a contractor of work designed by a professional engineer or the supervision of the construction of such work as a foreman or superintendent is not active experience in engineering work.
8. Any person having the qualifications prescribed in this chapter to entitle him to registration is eligible for registration although he is not practicing his profession at the time of making his application.
9. A person applying for registration within a specific discipline of professional engineering must have 2 years experience working under the direct supervision of a person who is registered in the discipline in which the applicant is seeking to become registered, unless this requirement is waived by the board.
Sec. 2. NRS 625.270 is hereby amended to read as follows:
625.270 1. A person who:
(a) Is 21 years of age or older; and
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,
may apply to the board for examination, in accordance with the provisions of this chapter and any regulations adopted by the board, for registration as a professional land surveyor.
2. A person is not eligible for registration as a professional land surveyor if he is not of good character and reputation.
3. An applicant for registration as a professional land surveyor must:
(a) Be a graduate of a land surveying curriculum of 4 years or more that is approved by the board and have a record of an additional 4 years or more of active experience in land surveying that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of land surveying work; or
κ1995 Statutes of Nevada, Page 50 (CHAPTER 41, AB 63)κ
(b) Have a record of [8] 10 years or more of active experience in land surveying work that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of land surveying work.
4. For the purposes of evaluating an applicants qualifications for registration, the board shall consider:
(a) Satisfactory completion of 1 year of courses in land surveying that are approved by the board to be equivalent to 1 year of active experience in land surveying; and
(b) Graduation from a college or university curriculum in a field other than land surveying to be equivalent to 2 years of active experience.
5. An applicant may not receive credit for more than 4 years of active experience because of educational qualifications described in subsection 4.
________
Assembly Bill No. 26Committee on Commerce
CHAPTER 42
AN ACT relating to the state board of professional engineers and land surveyors; requiring the board to adopt regulations relating to continuing education for professional engineers and professional land surveyors; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 625 of NRS is hereby amended by adding thereto a new section to read as follows:
The board shall adopt regulations concerning continuing education for professional engineers and professional land surveyors. The regulations must include:
1. The number of hours of credit required annually;
2. The criteria used to accredit each course; and
3. The requirements for submission of proof of attendance at courses.
________
κ1995 Statutes of Nevada, Page 51κ
Assembly Bill No. 145Committee on Government Affairs
CHAPTER 43
AN ACT relating to local financial administration; increasing the amount of claims for certain refunds from the county treasury for which a board of county commissioners may delegate its authority to approve; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.240 is hereby amended to read as follows:
354.240 1. If a board of county commissioners determines by competent evidence that money has been paid into the treasury of the county under any of the circumstances mentioned in NRS 354.220, the board of county commissioners, by its unanimous resolution, may direct the county treasurer to refund to the applicant the amount of money paid into the county treasury in excess of the amount legally payable.
2. In the case of a claim for a refund of property tax, if the board has unanimously found that the applicant is entitled to a refund, it shall direct the county treasurer to refund to the applicant the amount claimed if the property tax roll is still open. The county may withhold amounts refunded from its subsequent apportionments of revenues from property tax to the other taxing units in the county which levied a tax represented in the combined tax rate.
3. If the county treasurer determines by competent evidence that money in the amount of $500 or less has been paid into the county treasury under any of the circumstances listed in NRS 354.220, he may, upon receiving the written approval of the district attorney, refund to the applicant the amount paid which is in excess of the amount legally payable.
4. In the case of a claim for a refund of property tax which has been authorized and approved in the manner provided in subsection 3, the county treasurer shall make a refund to the applicant in the amount claimed if the property tax roll is still open. The county may withhold amounts refunded from its subsequent apportionments of revenues from property tax to the other taxing units in the county which levied a tax represented in the combined tax rate.
5. A board of county commissioners may, in the case of a claim for a refund of a registration fee or deposit paid to the county department of parks and recreation, delegate the authority to approve all such claims of less than [$100,] $1,000, to:
(a) The county manager or his designee;
(b) The county administrator or his designee; or
(c) In a county that has neither a county manager nor a county administrator, any other county employee.
6. A county treasurer, upon receiving written approval of a claim pursuant to subsection 5, may refund to the applicant the amount of the refund due.
7. At the end of each month the county treasurer shall provide to the board of county commissioners a list of all refunds made by him during that month.
κ1995 Statutes of Nevada, Page 52 (CHAPTER 43, AB 145)κ
The list must contain the name of each taxpayer or other person to whom a refund was made and the amount of the refund. The county treasurer shall maintain a copy of the list and make it available for public inspection.
________
Assembly Bill No. 14Committee on Government Affairs
CHAPTER 44
AN ACT relating to historic districts; creating the trust fund for the Comstock historic district; requiring money acquired from certain gifts or donations and the sale or rental of property to be deposited in the fund; authorizing the expenditure of money in the fund for certain purposes; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 384.170 is hereby amended to read as follows:
384.170 1. The commission may accept gifts, donations, devises or bequests of real or personal property for the purpose of enabling it to carry out a program of historic preservation and restoration within the district, and it may expend the same for [such purposes.] that purpose. The commission may sell, or lease for periods not to exceed 20 years, real or personal property for use within the district which it may acquire.
2. The commission shall deposit gifts or donations of money and any money acquired from selling or leasing the items described in subsection 1 in the trust fund for the Comstock historic district which is hereby created in the state treasury. The fund must be administered by the commission. Any interest earned on the money in the fund must be credited to the fund. The money deposited in the fund and all interest paid thereon may be expended only for the maintenance of the commission or to carry out the program of historic preservation and restoration within the district.
3. The commission [shall have] has no power of eminent domain.
Sec. 2. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 53κ
Senate Bill No. 137Senators Neal and Shaffer
CHAPTER 45
AN ACT relating to county law libraries; providing for the free distribution of publications of the legislative counsel bureau to such libraries upon request; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 380.170 is hereby amended to read as follows:
380.170 [The] Upon request, the director of the legislative counsel bureau [is authorized to transmit] shall distribute without charge to the county clerk of each county, for the use of the law library established therein pursuant to the provisions of this chapter:
1. A copy of each publication provided in NRS 345.050.
2. A copy of each volume of Nevada Reports and the Statutes of Nevada theretofore published.
[The legislative counsel bureau shall charge and collect for such volumes the prices established pursuant to NRS 345.050.]
3. A copy of each other publication of the legislative counsel bureau.
________
Senate Bill No. 46Senator Rhoads
CHAPTER 46
AN ACT relating to wildlife; repealing the prospective expiration of the provisions which authorize the issuance of a deer or antelope tag to an owner, lessee or manager of private land as compensation for damage caused by deer or antelope; authorizing the use of such a tag on private land during a special season established therefor; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 502.145 is hereby amended to read as follows:
502.145 1. An owner, lessee or manager of private land in this state may apply to the division for the issuance to him of one or more deer or antelope tags as provided in this section. The tags must be issued as compensation for damage caused by deer or antelope to the private land or to any improvements thereon.
2. An application made pursuant to this section:
(a) Be made in the form prescribed by the division;
(b) Establish to the satisfaction of the division that the applicant has sustained damage of the kind described in subsection 1; and
κ1995 Statutes of Nevada, Page 54 (CHAPTER 46, SB 46)κ
(c) Be accompanied by the fee charged for the tags pursuant to NRS 502.250 and any fee charged for administrative costs.
3. The division shall review the application, may conduct any investigation it deems appropriate and, if it approves the application, shall issue to the applicant not more than one tag for each 50 animals present on the private land owned, leased or managed by the applicant. Both deer and antelope tags may be issued to an applicant. Not more than 200 tags may be issued annually by the division pursuant to this section.
4. A tag issued as compensation for damage pursuant to this section:
(a) May be used by the owner, lessee or manager of the private land if he holds a valid Nevada hunting license, or may be sold by that person to any holder of a valid Nevada hunting license at any price mutually agreed upon;
(b) [Must] Except as otherwise provided in subparagraph (2) of paragraph (c) of this subsection, must be used on the private land or in the unit or units within the management area or areas in which the private land is located; and
(c) May only be used during [the] :
(1) The open season for the species for which the tag is issued [.] ; or
(2) A special season prescribed by regulation of the commission for the use of such tags only on the private land.
5. As a condition of receiving a tag from the division pursuant to this section, an owner, lessee or manager who is lawfully in control of private land that blocks access to adjacent public land must provide access to the public land during the hunting season to a person or hunting party with a tag for the purpose of hunting on the public land.
6. Insofar as they are consistent with this section, the provisions of this Title and of the regulations adopted by the commission apply to the issuance and use of tags pursuant to this section. The commission may adopt any regulations it deems necessary to carry out the provisions of this section.
7. The administrator shall, not later than the fifth calendar day of each regular session of the legislature, submit to the director of the legislative counsel bureau for distribution to the legislature a report summarizing the activities of the division taken pursuant to the provisions of this section during the preceding biennium, including any problems associated with the issuance and use of tags authorized by this section and any recommendations for correcting those problems.
Sec. 2. Section 9 of chapter 649, Statutes of Nevada 1991, at page 2157, is hereby amended to read as follows:
Sec. 9. [1.] This act becomes effective on March 1, 1992.
[2. This act expires by limitation on June 30, 1995.]
Sec. 3. This act becomes effective upon passage and approval or on June 29, 1995, whichever occurs earlier.
________
κ1995 Statutes of Nevada, Page 55κ
Assembly Bill No. 11Committee on Government Affairs
CHAPTER 47
AN ACT relating to the Lake Tahoe Basin; requiring the administrator of the division of state lands of the state department of conservation and natural resources to offer for sale certain rights to develop real property in the Lake Tahoe Basin; and providing other matters properly relating thereto.
[Approved April 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The administrator of the division of state lands of the state department of conservation and natural resources shall offer for sale the rights to develop real property in the Lake Tahoe Basin, including any rights that are not required to be retired or otherwise terminated by the Tahoe Regional Planning Agency, that are appurtenant to any real property acquired by the division with money from fees to exceed limits on land coverage that has been collected by the Tahoe Regional Planning Agency and transferred to the division.
2. The administrator may sell such rights:
(a) To state and federal agencies, local governments and nonprofit organizations for such consideration as he deems to be reasonable and in the interest of the general public.
(b) To other persons for a price that is not less than the fair market value of the right that is sold.
3. All money received by the division of state lands from the sale of such rights pursuant to this section must be deposited in the state treasury to the credit of the account for mitigation of land coverage in the Lake Tahoe Basin created pursuant to section 2 of chapter 355, Statutes of Nevada 1993. Such money must be accounted for separately. Any real property or interest in real property acquired with the money deposited pursuant to this subsection is not subject to the restrictions set forth in subsection 5 of section 1 of chapter 355, Statutes of Nevada 1993.
4. As used in this section, land coverage means any covering over the natural surface of the ground that prevents water from percolating into the ground.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1995 Statutes of Nevada, Page 56κ
Senate Bill No. 270Committee on Human Resources and Facilities
CHAPTER 48
AN ACT relating to missing or exploited children; revising the provisions governing the duties of law enforcement agencies to transmit information regarding missing children to state agencies; and providing other matters properly relating thereto.
[Approved April 24, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432.200 is hereby amended to read as follows:
432.200 1. A law enforcement agency shall accept every report of a missing child which is submitted to the agency, including a report made by telephone. Upon receipt of such a report, the agency shall immediately conduct a preliminary investigation and classify the cause of the disappearance of the child as runaway, abducted by his parent, abducted by a stranger or cause of disappearance unknown, and shall:
(a) Transmit all available information about the child to the [division] clearinghouse within 36 hours after the report is received;
(b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary;
(c) Fully comply with the requirements of the National Child Search Assistance Act of 1990 (Title XXXVII of Public Law 101-647, 104 Stat. 4966); and
(d) Enter into the National Crime Information Centers Missing Person File, as miscellaneous information, any person reasonably believed to have unlawfully abducted or detained the missing child, or aided or abetted such unlawful abduction or detention.
2. A law enforcement agency which has jurisdiction over the investigation of an abducted child and which has obtained a warrant for the arrest of a person suspected in the childs disappearance or concealment shall immediately notify the National Crime Information Center for the entry into the Centers Wanted Person File of identifying and descriptive information concerning:
(a) The suspect; and
(b) As miscellaneous information, the missing child.
The agency shall cross-reference information entered pursuant to this section with the National Crime Information Centers Missing Person File.
3. If a missing child has not been located within 30 days after a report is filed, the law enforcement agency that received the initial report shall, and the division may, ask the childs parent or guardian to consent to the release of the childs dental records. The law enforcement agency shall transmit all dental records so released to it to the division. The division shall, upon its receipt of the dental records of the missing child, compare those records with the dental records of unidentified deceased children. This subsection does not preclude the voluntary release of the missing childs dental records by his parent or guardian at any time.
κ1995 Statutes of Nevada, Page 57 (CHAPTER 48, SB 270)κ
4. The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency if the child is found or returned. The law enforcement agency shall then transmit that fact to the National Crime Information Center and the clearinghouse.
5. As used in this section, division means the investigation division of the department of motor vehicles and public safety.
________
Senate Bill No. 44Senator Rhoads
CHAPTER 49
AN ACT relating to bees; revising provisions governing the importation of bees, beehives, honeycombs and certain related appliances; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 552.210 is hereby amended to read as follows:
552.210 1. A person shall not ship or transport into this state any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a permit for entry issued by the division.
2. The division may issue a permit for the importation of bees on comb and hives containing comb into this state from another state if the applicant:
(a) Submits an application, on a form supplied by the division, stating:
(1) The name, address and telephone number of the owner or shipper and the state and county of origin.
(2) The address and telephone number of the owner or shipper in this state, if applicable.
(3) The number of colonies containing bees and a complete listing of all beekeeping equipment and appliances to be brought into this state.
(4) A legal description and the exact geographical location of the site for each apiary at its destination in this state.
(b) Except as otherwise provided in subsection 3 and in NRS 552.214, submits with the application, a certificate of inspection from an authorized officer of the state of origin certifying:
(1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within 60 days before shipment and at a time when the bees are actively rearing their brood.
(2) That 1 percent or less American foulbrood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant, and that all disease found during that period has been destroyed.
(3) The date on which the last inspection of the apiaries, bees, comb and used hives and equipment was made at their place of origin.
κ1995 Statutes of Nevada, Page 58 (CHAPTER 49, SB 44)κ
(4) The total number of colonies in the apiary at the time of the inspection and the number of colonies found to be diseased.
(5) The total number of colonies of bees, hives, used equipment and appliances to be shipped into this state.
(6) The shippers full name, the name under which he is doing business, if applicable, and his address.
(7) The identification numbers or letters, or both, used by the shipper to identify his beekeeping equipment.
(c) Submits with the application a fee set by the state board of agriculture which does not exceed $1 for each colony.
3. An applicant for a permit for entry may submit a certificate of inspection issued [after August 15] by the division. Such a certificate authorizes reentry into the state [through May 15 of the following year.] for 1 year after the date the inspection was performed.
4. Each shipment must be accompanied by a copy of the permit of entry issued by the division and a copy of the certificate of inspection required by this section.
5. If any bees, used hives, honeycombs or appliances entering this state are found to be diseased at the time of inspection in this state, the shipment must be quarantined in the same manner as provided in NRS 552.200, and must be destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the division finds that the disease can be eradicated by treatment rather than destruction.
6. All honeycombs transported from a point outside this state through this state in interstate commerce must be covered by the person in possession in a manner which will prevent access of bees.
7. All bees, used hives, honeycombs or appliances entering this state in violation of the provisions of this chapter must be destroyed or shipped out of this state at the option and expense of the owner or person in possession, or sold by the division, after notice to the owner or person by the division. If the owner does not comply with the requirements of the notice or cannot be located, the division may destroy the bees, used hives, honeycombs or appliances at his expense or offer them for sale. The terms of any such sale must include an agreement by the purchaser to comply with all provisions of this chapter, and the proceeds of the sale must be deposited with the state treasurer for credit to the apiary inspection account.
Sec. 2. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 59κ
Senate Bill No. 114Senators James, Raggio, Augustine, Mathews, McGinness, OConnell, Porter, Rawson, Regan, Townsend and Washington
CHAPTER 50
AN ACT relating to crimes against the person; expanding the circumstances under which the crime of aggravated stalking is committed; providing for the issuance of temporary and extended orders for protection against harassment, stalking and aggravated stalking; increasing the penalty for violating certain of those orders; providing a penalty; and providing other matters properly relating thereto.
[Approved May 1, 1995]
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 and 3 of this act.
Sec. 2. 1. A temporary order issued pursuant to NRS 200.591 expires within such time, not to exceed 30 days, as the court fixes. If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.
2. On 2 days notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
3. An extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for no more than 1 year.
Sec. 3. 1. Each court that issues an order pursuant to NRS 200.591 shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.
2. A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has reasonable cause to believe that:
(a) An order has been issued pursuant to NRS 200.591 to the person to be arrested;
(b) The person to be arrested has received a copy of the order; and
(c) The person to be arrested is acting in violation of the order.
3. Any law enforcement agency in this state may enforce a court order issued pursuant to NRS 200.591.
Sec. 4. NRS 200.575 is hereby amended to read as follows:
200.575 1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking. Except where the provisions of subsection 2 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
κ1995 Statutes of Nevada, Page 60 (CHAPTER 50, SB 114)κ
2. A person who [commits] :
(a) Commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death substantial bodily harm ;
(b) Commits the crime of stalking on his spouse while a proceeding for the dissolution of their marriage is pending for which he has actual or legal notice or within 6 months after entry of the final decree of dissolution; or
(c) Commits the crime of stalking on a person with whom he has a child in common while a proceeding for the custody of that child is pending for which he has actual or legal notice,
commits the crime of aggravated stalking. A person who commits the crime of aggravated stalking [shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.] as set forth in paragraph (a) of this subsection is guilty of a felony. A person who commits the crime of aggravated stalking as set forth in paragraph (b) or (c) of this subsection, for the first offense, is guilty of a gross misdemeanor and, for any subsequent offense, is guilty of a felony.
3. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
4. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
5. As used in this section:
(a) Course of conduct means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.
(b) Without lawful authority includes acts which are initiated or continued without the victims consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.
(3) The activities of any person that are carried out in the normal course of his lawful employment.
(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
Sec. 5. NRS 200.581 is hereby amended to read as follows:
200.581 Harassment, stalking or aggravated stalking shall be deemed to have been committed where the conduct occurred or, in the case of harassment or aggravated stalking [,] involving a threat, at the place from which the threat was made or at the place where the threat was received.
κ1995 Statutes of Nevada, Page 61 (CHAPTER 50, SB 114)κ
Sec. 6. NRS 200.591 is hereby amended to read as follows:
200.591 1. A person who reasonably believes that the crime of stalking, aggravated stalking or harassment is being committed against him by another person may petition any court of competent jurisdiction for [an] a temporary or extended order directing the person who is allegedly committing the crime to:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person, including a member of the family or the household of the victim, specifically named by the court.
2. If a defendant charged with a crime involving harassment, stalking or aggravated stalking is released from custody before trial or is found guilty at the trial, the court may issue [an] a temporary or extended order or provide as a condition of the release or sentence that the defendant:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person, including a member of the family or the household of the victim, specifically named by the court.
3. A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after notice to the adverse party and a hearing on the petition.
4. If an extended order is issued by a justices court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.
5. Any person who intentionally violates [a court order issued pursuant to subsection 1 or 2 is guilty of a gross misdemeanor.
4. A] :
(a) A temporary order is guilty of a gross misdemeanor.
(b) An extended order is guilty of a felony.
6. Any court order issued pursuant to this section must:
(a) Be in writing;
(b) Be personally served on the person to whom it is directed; and
(c) Contain the warning that violation of the order:
(1) Subjects the person to immediate arrest . [; and]
(2) Is a gross misdemeanor [.
5. Each court that issues an order pursuant to this section shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.
6. A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has reasonable cause to believe that:
κ1995 Statutes of Nevada, Page 62 (CHAPTER 50, SB 114)κ
(a) An order has been issued pursuant to this section to the person to be arrested;
(b) The person to be arrested has received a copy of the order; and
(c) The person to be arrested is acting in violation of the order.
7. Any law enforcement agency in this state may enforce a court order issued pursuant to this section.] if the order is a temporary order.
(3) Is a felony if the order is an extended order.
________
Senate Bill No. 51Committee on Commerce and Labor
CHAPTER 51
AN ACT relating to unemployment compensation; requiring certain unemployed persons to participate in services to assist in their reemployment as a condition of eligibility to receive unemployment compensation; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.375 is hereby amended to read as follows:
612.375 1. Except as otherwise provided in subsection 2 of NRS 612.3774, an unemployed person is eligible to receive benefits with respect to any week only if the administrator finds that:
(a) He has registered for work at, and thereafter has continued to report at, an office of the division in such a manner as the administrator prescribes, except that the administrator may by regulation waive or alter either or both of the requirements of this paragraph for persons attached to regular jobs and in other types of cases or situations with respect to which he finds that compliance with those requirements would be oppressive or inconsistent with the purposes of this chapter.
(b) He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.
(c) He is able to work, and is available for work, but no claimant may be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this paragraph if his failure is because of an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable before the beginning of the illness and disability. No otherwise eligible person may be denied benefits for any week in which he is engaged in training approved pursuant to 19 U.S.C. § 2296 or by the administrator by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.
(d) He has within his base period been paid wages from employers;
κ1995 Statutes of Nevada, Page 63 (CHAPTER 51, SB 51)κ
(1) Equal to or exceeding 1 1/2 times his total wages for employment by employers during the quarter of his base period in which his total wages were highest; or
(2) In each of at least three of the four quarters in his base period.
If a person fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount must be $1 less than one twenty-fifth of his high-quarter wages. No person may receive benefits in a benefit year unless, after the beginning of the next preceding benefit year during which he received benefits, he performed service, whether or not in employment as defined in this chapter and earned remuneration for that service in an amount equal to not less than 3 times his basic weekly benefit amount as determined for the next preceding benefit year.
2. In addition to fulfilling the requirements set forth in subsection 1, an unemployed person who has been determined to be likely to exhaust his regular benefits and to need services to assist in his reemployment, pursuant to the system of profiling established by the administrator pursuant to 42 U.S.C. § 503, is eligible to receive benefits with respect to any week only if he participates in those services to assist in his reemployment, unless the administrator determines that:
(a) The unemployed person has completed his participation in those services; or
(b) There is a justifiable cause for the persons failure to participate in those services.
3. For any week in which a claimant receives any pension or other payment for retirement, including a governmental or private pension, annuity or other, similar periodic payment, except as otherwise provided in subsection [3] 4, the amount payable to the claimant under a plan maintained by a base-period employer or an employer whose account is chargeable with benefit payments must:
(a) Not be reduced by the amount of the pension or other payment if the claimant made any contribution to the pension or retirement plan; or
(b) Be reduced by the entire proportionate weekly amount of the pension or other payment if the employer contributed the entire amount to the pension or retirement plan.
[3.] 4. The amount of the weekly benefit payable to a claimant must not be reduced by the pension offset in subsection [2] 3 if the services performed by the claimant during the base period, or the compensation he received for those services, from that employer did not affect the claimants eligibility for, or increase the amount of, the pension or other payment, except for a pension paid pursuant to the Social Security Act or Railroad Retirement Act of 1974, or the corresponding provisions of prior law, which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection [2.] 3.
κ1995 Statutes of Nevada, Page 64 (CHAPTER 51, SB 51)κ
5. As used in this section, regular benefits has the meaning ascribed to it in NRS 612.377.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 31Committee on Ways and Means
CHAPTER 52
AN ACT relating to the state forester firewarden; repealing the state forester firewardens revolving account; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 472.045 is hereby repealed.
Sec. 2. At the end of the 1994-95 fiscal year, the state controller shall transfer the assets and liabilities, to the extent the assets are not encumbered for the 1994-95 fiscal year, of the state forester firewardens revolving account that was abolished pursuant to section 1 of this act to the state general fund.
Sec. 3. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 188Committee on Government Affairs
CHAPTER 53
AN ACT relating to public utilities; repealing the prospective expiration of the provision requiring public utilities to pay assessments for certain expenses incurred by the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 284, Statutes of Nevada 1989, as last amended by section 1 of chapter 205, Statutes of Nevada 1993, at page 442, is hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1995 Statutes of Nevada, Page 65κ
Assembly Bill No. 33Committee on Ways and Means
CHAPTER 54
AN ACT relating to unclaimed property; repealing an obsolete provision relating to the disposition of the balance in the abandoned property trust fund; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 51 of chapter 682, Statutes of Nevada 1979, at page 1761, is hereby amended to read as follows:
Sec. 51. [1.] For 10 years after the expiration of this act by limitation, any person who claims an interest in any property delivered to the state pursuant to sections 2 to 46, inclusive, of this act may present his claim to the state board of examiners. If that board allows the claim, it must be paid from the abandoned property trust fund as other claims against the state are paid.
[2. On July 30, 1994, any remaining balance in the abandoned property trust fund escheats to the state for credit to the state permanent school fund.]
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 391Committee on Ways and Means
CHAPTER 55
AN ACT making a supplemental appropriation to the division of child and family services of the department of human resources for the increased cost of utilities at the Caliente youth center; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of child and family services of the department of human resources the sum of $70,483 for the increased cost of utilities at the Caliente youth center. This appropriation is supplemental to that made by section 19 of chapter 350, Statutes of Nevada 1993, at page 1117.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
κ1995 Statutes of Nevada, Page 66κ
Assembly Bill No. 262Assemblymen Segerblom, Harrington, Spitler, Williams, Nolan, Close, de Braga, Neighbors, Bache, Braunlin, Ohrenschall, Goldwater, Stroth, Schneider, Sandoval, Steel, Buckley, Giunchigliani and Ernaut
CHAPTER 56
AN ACT relating to public spas; providing that the rules and regulations governing the use of public spas must not deny the use of such spas to children under certain circumstances; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444.070 is hereby amended to read as follows:
444.070 1. 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] adopt and enforce such rules and regulations pertaining thereto as it deems necessary to carry out the provisions of NRS 444.065 to 444.120, inclusive.
2. Rules and regulations adopted pursuant to subsection 1 must not deny the use of a public spa to a child who is under 12 years of age and has adult supervision.
________
Assembly Bill No. 191Committee on Commerce
CHAPTER 57
AN ACT relating to trade practices; providing for the amendment of a certificate of registration of a mark; revising the requirements for the registration or assignment of a mark; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 600 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. (Deleted by amendment.)
Sec. 3. 1. If any statement in an application for registration of a mark was incorrect when made or any arrangements or other facts described in the application have changed, making the application inaccurate in any respect, the registrant shall promptly file in the office of the secretary of state a certificate, signed and acknowledged by the registrant or his successor or by a member of the firm or an officer of the corporation or association to which the mark is registered, correcting the statement.
2. Upon the filing of a certificate of amendment or judicial decree of amendment and the payment of a filing fee of $30, the secretary of state shall issue, in accordance with NRS 600.350, an amended certificate of registration for the remainder of the period of the registration.
κ1995 Statutes of Nevada, Page 67 (CHAPTER 57, AB 191)κ
issue, in accordance with NRS 600.350, an amended certificate of registration for the remainder of the period of the registration.
Sec. 4. NRS 600.240 is hereby amended to read as follows:
600.240 As used in NRS 600.240 to 600.450, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 600.250 to 600.320, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 600.330 is hereby amended to read as follows:
600.330 A mark must not be registered if it:
1. Contains immoral, deceptive or scandalous matter . [;]
2. Contains matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, national symbols or which may bring them into contempt or disrepute . [;]
3. Resembles or simulates the flag or other insignia of the Unites States, or of any state or municipality, or of any foreign nation . [;]
4. Contains the name, signature or portrait of any living person, except when his written consent has been obtained . [;]
5. Consists of a mark which:
(a) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
(b) When applied to the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or
(c) Is primarily merely a surname,
but this subsection does not prevent the registration of a mark used by the applicant which has become distinctive of the applicants goods or services. Proof of continuous use of the mark by the applicant in this state or elsewhere for 5 years next preceding the date of the filing of the application for registration may be accepted by the secretary of state as evidence that the mark has become distinctive . [; or]
6. So resembles a mark registered in this state [or a mark or trade name previously used in this state by another and] which has not been abandoned , that it is likely that confusion, mistake or deception may result.
Sec. 6. NRS 600.370 is hereby amended to read as follows:
600.370 1. A mark and its registration are assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. An assignment must [be] :
(a) Be in writing [and may be] ;
(b) Be signed and acknowledged by the registrant or his successor or a member of the firm or an officer of the corporation or association under whose name the mark is registered; and
(c) Be recorded with the secretary of state upon the payment of a fee of $50 to the secretary of state who, upon recording the assignment, shall issue in the name of the assignee a certificate of assignment for the remainder of the period of the registration.
2. An assignment of any registration is void as against any subsequent purchaser for valuable consideration without notice, unless:
(a) The assignment is recorded with the secretary of state within 3 months after the date of the assignment; or
κ1995 Statutes of Nevada, Page 68 (CHAPTER 57, AB 191)κ
(b) The assignment is recorded before the subsequent purchase.
Sec. 7. NRS 600.450 is hereby amended to read as follows:
600.450 1. It is unlawful for any person or corporation:
(a) To imitate any mark registered as provided in NRS 600.240 to 600.450, inclusive [;] , and sections 2 and 3 of this act;
(b) To use knowingly any counterfeit or imitation thereof;
(c) To use or display such genuine mark unless authorized to do so; or
(d) To use or display such genuine mark in a manner not authorized by the registrant.
2. Any person violating any provision of subsection 1 is guilty of a misdemeanor.
________
Assembly Bill No. 179Assemblyman Marvel
CHAPTER 58
AN ACT relating to counties; revising the circumstances under which a board of county commissioners may authorize the use of a county highway patrol or a snowplow on a private road; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.273 is hereby amended to read as follows:
244.273 The board of county commissioners of each county may authorize the use of county highway patrols and snowplows on private roads [in the event of an emergency] if:
1. [Such] The board declares an emergency; or
2. The board deems such use to be in the best interest of the county. The board shall not deem such use to be in the best interest of the county unless:
(a) The equipment is [used by the county] being used for routine county business in the area [wherein] where the private roads are located;
[2. There is no privately owned equipment for immediate hire or rent in the area;
3. The] and
(b) The use of the equipment on private roads does not interfere with the normal operations of the county.
If the board authorizes the use of a county highway patrol or snowplow on a private road pursuant to this section, the equipment must be operated by an employee of the county. The board may require the owner of the road to pay the county the prevailing rental rate for the use of such equipment . [is paid by the owners of such private roads to the county for such use; and
4. Such equipment is operated by county highway employees only.]
________
κ1995 Statutes of Nevada, Page 69κ
Assembly Bill No. 174Assemblymen Anderson, Evans, Stroth, Buckley, Sandoval, Manendo, Price, Tiffany, Lambert, Goldwater, Bache, Freeman, Braunlin, Bennett and Neighbors
CHAPTER 59
AN ACT relating to the City of Sparks; eliminating the requirement of residency for the city clerk; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3.040 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 61, is hereby amended to read as follows:
Sec. 3.040 City clerk: Duties . [; residence.]
[1.] The city clerk shall:
[(a)] 1. Keep the corporate seal and all public records.
[(b)] 2. Supervise the central filing system for all departments of the city
[(c)] 3. Attend all regular, special and emergency meetings of the city council, and may attend all executive sessions concerning public officers.
[(d)] 4. Keep an accurate journal of all regular, special and emergency meetings of the city council, including a record of all ordinances, bylaws and resolutions adopted by it.
[(e)] 5. Attest the journal after approval at each meeting of the city council and after it has been signed by the mayor.
[(f)] 6. Enter the result of the vote of the city council upon all official business in the journal.
[(g)] 7. Perform such other duties as are designated by ordinance.
[(h)] 8. Not engage in any other business or occupation without the approval of the city council.
[2. The city clerk must establish his residence within the city within 90 days after his appointment, unless the period is extended by the city council. He must reside in the city during his term of office.]
________
κ1995 Statutes of Nevada, Page 70κ
Assembly Bill No. 125Assemblymen Ohrenschall, Goldwater, Freeman, Close, Batten, Krenzer, Anderson, Steel, Monaghan, Lambert, Bennett, Giunchigliani, Manendo, Tripple, Arberry, Nolan, Segerblom, Neighbors, de Braga, Perkins, Schneider, Braunlin, Dini, Evans, Buckley, Chowning, Price, Sandoval, Spitler, Stroth, Humke, Bache, Carpenter, Ernaut and Hettrick
CHAPTER 60
AN ACT relating to juvenile courts; authorizing juvenile courts to place certain children under supervision of public agency to work on projects to eradicate graffiti; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court [must] shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and [must] shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) Place the child, when he is not in school, under the supervision of [a] :
(1) A public organization to work on public projects ;
(2) A public agency to work on projects to eradicate graffiti; or [a]
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.
κ1995 Statutes of Nevada, Page 71 (CHAPTER 60, AB 125)κ
require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(f) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(g) Require the child to provide restitution to the victim of the crime which the child has committed.
(h) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public.
3. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
4. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
5. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
________
κ1995 Statutes of Nevada, Page 72κ
Assembly Bill No. 110Assemblymen Stroth, Steel, Schneider, Lambert, Tripple, Ernaut, Anderson, Harrington, Humke, Buckley, Manendo and Braunlin
CHAPTER 61
AN ACT relating to witnesses; revising provisions concerning the exclusion of witnesses from certain proceedings; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 50.155 is hereby amended to read as follows:
50.155 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, at the request of a party the judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and he may make the order of his own motion.
2. This section does not authorize exclusion of:
(a) A party who is a natural person;
(b) An officer or employee of a party which is not a natural person designated as its representative by its attorney; or
(c) A person whose presence is shown by a party to be essential to the presentation of his cause.
3. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded except in the discretion of the judge.
Sec. 2. NRS 171.204 is hereby amended to read as follows:
171.204 [The]
1. Except as otherwise provided in subsection 2, the magistrate may, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney general, the district attorney of the county, the defendant and his counsel, the witness who is testifying, the officer having the defendant or a witness in his custody, an attendant to a prosecuting witness designated pursuant to NRS 178.571 and any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.
2. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded from the examination except in the discretion of the magistrate.
________
κ1995 Statutes of Nevada, Page 73κ
Assembly Bill No. 32Committee on Ways and Means
CHAPTER 62
AN ACT making an appropriation to the legislative counsel bureau for the reproduction of older Nevada Reports; and providing other matters properly relating thereto.
[Approved May 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative counsel bureau the sum of $45,000 for the cost of reproducing volumes of Nevada Reports which are out of print or of limited supply, pursuant to NRS 345.025.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1995, whichever is earlier.
________
Assembly Bill No. 60Committee on Labor and Management
CHAPTER 63
AN ACT relating to occupational safety; prohibiting, under certain circumstances, the dismantling or removal of equipment that causes a serious occupational accident until the accident is investigated by the division of industrial relations of the department of business and industry; requiring certain information to be included in reports of accidents resulting in a fatality or the hospitalization of employees; reducing the time within which such reports must be made; and providing other matters properly relating thereto.
[Approved May 4, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 618 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if any accident occurring in the course of employment is fatal to one or more employees or results in the hospitalization of three or more employees, and is caused, in whole or in part, by any equipment located at the site of the accident, no person may dismantle or otherwise move that equipment until the division has investigated the accident and has authorized the dismantling or removal of the equipment.
2. The provisions of subsection 1 do not apply if the dismantling or removal of the equipment is necessary to free any person trapped by the equipment or to ensure the safety of or to prevent further injury to any person. If any equipment is dismantled or moved to free a trapped person, the equipment may be dismantled or moved only to the extent necessary to free the person.
κ1995 Statutes of Nevada, Page 74 (CHAPTER 63, AB 60)κ
equipment may be dismantled or moved only to the extent necessary to free the person.
3. Upon the occurrence of an accident described in subsection 1, the employer of an injured employee shall, upon the arrival of an investigator of the division at the site of the accident, make available for questioning in a reasonable amount of time any person employed by the employer who is determined by the investigator to be necessary for the completion of the investigation, including the immediate supervisor of any injured employee and any employee who witnessed the accident.
4. As used in this section, accident occurring in the course of employment does not include:
(a) An accident involving a motor vehicle that is being operated on a public highway in this state.
(b) A homicide committed at an employers place of business.
Sec. 2. NRS 618.378 is hereby amended to read as follows:
618.378 1. Any accident occurring in the course of employment which is fatal to one or more employees or which results in the hospitalization of [five] three or more employees must be reported by the employer orally [or in writing] to the nearest office of the division within [48] 8 hours after the [accident has occurred.] time that the accident is reported to any agent or employee of the employer. A report submitted to the division pursuant to the provisions of this subsection must include:
(a) The name of the employer;
(b) The location and time of the accident;
(c) The number of employees killed or hospitalized as a result of the accident;
(d) A brief description of the accident; and
(e) The name of a person who may be contacted by the division for further information.
Upon receipt of such a report, the division shall notify the employer of the estimated time that the divisions investigator will arrive at the site of the accident. The division shall initiate an investigation at the site of the accident within 8 hours after receiving the report.
2. An industrial insurer shall provide to the division a monthly report setting forth the number, type and severity of industrial injuries and occupational diseases reported or claimed by employees in the preceding month. The report must identify the employer and be sorted according to the employers Standard Industrial Classification or his classification for the purposes of industrial insurance. The division shall by regulation prescribe the form for the report made pursuant to this subsection. As used in this subsection, industrial insurer has the meaning ascribed to the term insurer in NRS 616.1103.
3. All employers shall maintain accurate records and make reports to the United States Assistant Secretary of Labor in the same manner and to the same extent as if this chapter were not in effect.
4. The division shall make such reasonable reports to the Assistant Secretary of Labor in such form and containing such information as he may from time to time require.
κ1995 Statutes of Nevada, Page 75 (CHAPTER 63, AB 60)κ
5. Requests for variances to federal recordkeeping and reporting regulations must be submitted to and obtained from the Bureau of Labor Statistics, United States Department of Labor. All variances granted by the Bureau of Labor Statistics must be respected by the division.
Sec. 3. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 273Assemblymen Steel, Close, Schneider, Bennett, Harrington, Manendo, Segerblom, Lambert, Giunchigliani, Goldwater, Buckley, Chowning, Humke, Sandoval, Perkins, Freeman, Price, Ohrenschall, Anderson, Brower, Fettic, Braunlin, Tiffany, Nolan, Ernaut, Batten, Allard, Monaghan, Carpenter, Marvel, Stroth, Spitler, de Braga, Tripple, Neighbors, Evans, Williams, Hettrick, Bache, Krenzer, Dini and Arberry
CHAPTER 64
AN ACT relating to elections; prohibiting a candidate for a party nomination from changing his designation of political party from nonpartisan to a designation of a political party affiliation within a certain period before the close of filing for an election; revising the form for a declaration of candidacy or an acceptance of a candidacy for partisan office; and providing other matters properly relating thereto.
[Approved May 4, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.176 is hereby amended to read as follows:
293.176 1. Except as otherwise provided in subsection 2, no person may be a candidate for a party nomination in any election if he has changed [the] :
(a) The designation of his political party affiliation ; or
(b) His designation of political party from nonpartisan to a designation of a political party affiliation,
on an official affidavit of registration in the State of Nevada or in any other state since the September 1 next preceding the closing filing date for the election, whether or not his previous registration was still effective at the time of the change in party designation.
2. The provisions of subsection 1 do not apply to any person who is a candidate for a party nomination of a political party which was not qualified as such on the September 1 next preceding the closing filing date for the election.
Sec. 2. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as otherwise provided in NRS 293.165, no name may be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than the first Tuesday in March of the year in which the election is to be held nor later than 5 p.m. on the first Tuesday in June.
κ1995 Statutes of Nevada, Page 76 (CHAPTER 64, AB 273)κ
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:
Declaration of Candidacy of ........ for the
Office of .
State of Nevada }
} ss.
County of............................................. }
For the purpose of having my name placed on the official ballot as a candidate for the . Party nomination for the office of ., I, the undersigned ., do swear or affirm that I reside at No. .., .. Street, in the City or Town of ., County of ., State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the . Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official affidavit of registration in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the . Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto; and that I understand that my name will appear on all ballots as designated in this declaration.
.................................................................................
(Designation of name)
.................................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this .. day of .., 19
.......................................................................................................
Notary Public or other person
authorized to administer an oath
(b) For nonpartisan office:
Declaration of Candidacy of ........ for the
Office of .
State of Nevada }
} ss.
County of............................................. } For the purpose of having my name placed on the official ballot as a candidate for the office of .,
κ1995 Statutes of Nevada, Page 77 (CHAPTER 64, AB 273)κ
For the purpose of having my name placed on the official ballot as a candidate for the office of ., I, the undersigned ., do swear or affirm that I reside at No. .., .. Street, in the City or Town of ., County of ., State of Nevada; that my actual residence therein began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name will appear on all ballots as designated in this declaration.
.................................................................................
(Designation of name)
.................................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this .. day of .., 19
.......................................................................................................
Notary Public or other person
authorized to administer an oath
3. A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidates name. The nickname must be in quotation marks and appear immediately before the candidates surname. A nickname must not indicate any political, economical, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.
4. An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.
5. The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidates address is listed as a post office box unless a street address has not been assigned to his residence.
Sec. 3. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 78κ
Assembly Bill No. 387Committee on Ways and Means
CHAPTER 65
AN ACT relating to state land; authorizing the interim finance committee to approve leases, exchanges and sales of certain state land while the legislature is in regular or special session; approving the execution of six particular leases and the sale of a certain state building and land; and providing other matters properly relating thereto.
[Approved May 4, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.6825 is hereby amended to read as follows:
218.6825 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as otherwise provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
4. During a regular session the interim finance committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 328.480, subsection 1 of NRS 341.145, NRS 353.220, 353.224 and 353.335, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, subsection 6 of NRS 445.700 and NRS 538.650. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
5. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
6. A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
κ1995 Statutes of Nevada, Page 79 (CHAPTER 65, AB 387)κ
finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
7. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
8. Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 2. The provisions of NRS 321.335 and 322.007 which require approval of the interim finance committee notwithstanding and in lieu thereof, the legislature hereby approves:
1. The leasing of space, with a first option to any additional available space, at the warehouse located at 2250 Barnett Way, Reno, Nevada, to Washoe County, from the period beginning January 1, 1995, to December 31, 2005, upon the terms and conditions set forth in the proposed lease.
2. The leasing of Cottage 8B at the Nevada Mental Health Institute, Sparks, Nevada, with an option to renew, to Benchmark Behavioral Health System of Utah, for the residential treatment of male adolescents with sexual problems, from the period beginning on the effective date of this act and ending June 30, 1998, upon the terms and conditions set forth in the proposed lease.
3. The leasing of certain land within Washoe Lake State Park, with an option to renew, to Washoe County, for the placement of a caretaker residence and related septic system, from the date it receives the requisite approval from the legislature and the state board of examiners for a term of 10 years, upon the terms and conditions set forth in the proposed lease.
4. The leasing of certain land at the Southern Nevada Correctional Center, with an option to renew, to Fleet Call of Utah, Inc., for the construction and maintenance of an equipment shelter and antenna, from the date it receives the requisite approval from the legislature and the state board of examiners for a term of 5 years, upon the terms and conditions set forth in the proposed lease.
5. The leasing of four wood frame residences within the Stewart Indian School historic district, with a limited option to renew, to the F.I.S.H. Emergency Referral Services Program, Inc., for use as transitional housing for the homeless, from the date it receives the requisite approval from the legislature and the state board of examiners for a term of 5 years, upon the terms and conditions set forth in the proposed lease.
6. The leasing of certain water rights, with an option to renew, to the Silver Lake Water Distribution Company for delivery of state-owned water to the organization maintenance shop and armory of the Nevada Army National Guard, from the date it receives the requisite approval from the legislature and the state board of examiners to August 14, 2036, upon the terms and conditions set forth in the proposed lease.
κ1995 Statutes of Nevada, Page 80 (CHAPTER 65, AB 387)κ
and the state board of examiners to August 14, 2036, upon the terms and conditions set forth in the proposed lease.
7. The sale of:
(a) The office building located at 135 South Eighth Street, Las Vegas, Nevada; and
(b) The parking lot located on the northwest corner of Eighth Street and Carson Avenue, Las Vegas, Nevada,
at public auction or upon sealed bids for cash or pursuant to a contract of sale, at a price not less than their appraised value plus the cost of appraisal and publication of notice of sale.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 168Senator Adler
CHAPTER 66
AN ACT relating to state land; requiring the conveyance of certain state land to the American Baptist Home Mission Society in exchange for the transfer of certain land by the Society; and providing other matters properly relating thereto.
[Approved May 5, 1995]
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, subject to the provisions of section 2 of this act, convey by quitclaim deed to the American Baptist Home Mission Society all of the right, title and interest of the State of Nevada to all of that certain lot, piece, parcel or portion of land situate, lying and being within the South one-half of the Southeast one-quarter of Section 32, Township 15 North, Range 20 East, Mount Diablo Meridian, Carson City, Nevada, and more particularly described as follows:
1. Commencing at the Southeast corner of the Northwest one-quarter of the Southeast one-quarter of that Section 32, which is also the Southeast one-sixteenth corner of that Section 32 and which point is the true point of beginning;
2. Thence along the southerly line of that South one-half of the Southeast one-quarter South 89°49'00" East, a distance of 94.60 feet;
3. Thence leaving that line South 27°14'40" West, a distance of 78.59 feet;
4. Thence South 72°59'56" West, a distance of 15.90 feet;
5. Thence North 82°00'35" West, a distance of 14.33 feet;
6. Thence North 72°10'51" West, a distance of 100.45 feet;
7. Thence North 73°45'49" West, a distance of 152.98 feet; and
8. Thence South 89°49'00" East, a distance of 213.29 feet to the true point of beginning,
which parcel contains 12,012 square feet, more or less. The basis of bearing of this description is the southerly line of that South one-half of the Southeast one-quarter which bears North 89°49'00" West, as shown on the official plat entitled Township 15 North, Range 20 East, of the Mount Diablo Meridian, Dependant Resurvey and Subdivisions, as accepted March 16, 1987, and on file in the offices of the Bureau of Land Management in Reno, Nevada.
κ1995 Statutes of Nevada, Page 81 (CHAPTER 66, SB 168)κ
entitled Township 15 North, Range 20 East, of the Mount Diablo Meridian, Dependant Resurvey and Subdivisions, as accepted March 16, 1987, and on file in the offices of the Bureau of Land Management in Reno, Nevada.
Sec. 2. The state land registrar shall not make the conveyance described in section 1 of this act unless the American Baptist Home Mission Society conveys to the State of Nevada fee simple title to all of that certain lot, piece, parcel or portion of land situate, lying and being within the Northwest one-quarter of the Southeast one-quarter of Section 32, Township 15 North, Range 20 East, Mount Diablo Meridian, Carson City, Nevada, and more particularly described as follows:
1. Commencing at the Southeast corner of that Northwest one-quarter of the Southeast one-quarter, which is also the Southeast one-sixteenth corner of that Section 32;
2. Thence along the southerly line of that Northwest one-quarter of the Southeast one-quarter North 89°49'00" West, a distance of 213.29 feet to the true point of beginning;
3. Thence continuing along that line North 89°49'00" West, a distance of 126.52 feet;
4. Thence North 00°05'00" East, a distance of 130.85 feet to a point on the southerly right-of-way line of Clear Creek Avenue;
5. Thence along that right-of-way line North 83°03'28" East, a distance of 123.04 feet;
6. Thence leaving that right-of-way line South 27°08'00" West, a distance of 141.68 feet to a point;
7. Thence South 20°44'04" East, a distance of 6.31 feet; and
8. Thence South 78°00'31" East, a distance of 68.06 feet to the true point of beginning,
which parcel contains 12,067 square feet, more or less. The basis of bearing of this description is the southerly line of that Northwest one-quarter of the Southeast one-quarter which bears North 89°49'00" West, as shown on the official plat entitled Township 15 North, Range 20 East, of the Mount Diablo Meridian, Dependant Resurvey and Subdivisions, as accepted March 16, 1987, and on file in the offices of the Bureau of Land Management in Reno, Nevada.
________
κ1995 Statutes of Nevada, Page 82κ
Assembly Bill No. 161Committee on Natural Resources, Agriculture and Mining
CHAPTER 67
AN ACT relating to fishing; authorizing a person to fish using a second combination of hook, line and rod under certain circumstances; and providing other matters properly relating thereto.
[Approved May 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 503.290 is hereby amended to read as follows:
503.290 1. Except as otherwise provided in subsection 2, it is unlawful for any person to fish in or from any of the waters of the State of Nevada for any fish of any species in any manner other than with hook and line attached to a rod or reel closely attended in the manner known as angling. Only one combination of hook, line and rod must be used by one person at any time [.] , except that a second combination of hook, line and rod may be used by a person if the person:
(a) Purchases from the division or a license agent of the division a stamp or permit for a second rod;
(b) Uses the rod in the manner prescribed in this section; and
(c) Has in his possession a valid fishing license, combined hunting and fishing license or permit to fish issued to him by the division.
The fee for the stamp or permit is $10, and is valid only for the period for which it is issued.
2. The commission may by regulation authorize other methods for taking fish. Frogs may be taken by spear, bow and arrow, hook and line or by other methods authorized by the commissions regulation.
3. For the purposes of this section, hook includes not more than three baited hooks, not more than three fly hooks or not more than two plugs or similar lures. No more than two such plugs or lures, irrespective of the number of hooks or attractor blades attached thereto, may be attached to the line.
Sec. 2. This act becomes effective on March 1, 1996.
________
κ1995 Statutes of Nevada, Page 83κ
Assembly Bill No. 146Committee on Government Affairs
CHAPTER 68
AN ACT relating to the control of floods; revising the number of affirmative votes necessary to amend the master plan of a district for the control of floods; and providing other matters properly relating thereto.
[Approved May 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 543.597 is hereby amended to read as follows:
543.597 1. The districts chief engineer or any governmental entity may propose to:
(a) Change the size, type or alignment of a facility on the districts master plan; or
(b) Amend the districts master plan. A proposed amendment must be submitted to the district.
2. Upon receipt of a change proposed pursuant to paragraph (a) of subsection 1, the board shall hold a public hearing to consider the adoption of the change. With the approval of two-thirds of the members voting on the proposed change, the board may adopt any proposed change which:
(a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;
(b) Is hydraulically similar to a proposed facility included in the master plan;
(c) Is the most cost-effective structural or regulatory means of controlling flood waters of the district; and
(d) Does not adversely affect the continued implementation of the master plan.
3. Upon receipt of an amendment proposed pursuant to paragraph (b) of subsection 1, the board shall determine whether the proposed amendment is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan. If the proposed amendment is determined to be generally consistent with those principles, the board shall hold a public hearing to consider the adoption of the proposed amendment. The board may adopt a proposed amendment to the districts master plan with the approval of two-thirds of the members [of the board.] voting on the proposed amendment.
4. The board shall file a copy of any amendment or change adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment or change.
5. Except as otherwise provided in subsection 6, upon receipt of an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the districts master plan approve the proposed amendment, it becomes effective.
κ1995 Statutes of Nevada, Page 84 (CHAPTER 68, AB 146)κ
6. If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction will be located the structures necessary to carry out the purposes of the amendment, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 97Committee on Natural Resources
CHAPTER 69
AN ACT relating to water; defining a subsisting right to water livestock; and providing other matters properly relating thereto.
[Approved May 9, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.492 is hereby amended to read as follows:
533.492 1. A subsisting right to water livestock is an existing vested right to water livestock that has not been abandoned or forfeited and may be proven by an owner of livestock by one or more of the following items of evidence for the number of livestock and date of priority:
(a) As to water rights on open range, whether public lands or unfenced private lands or a combination of these:
(1) A statement of priority of use submitted to the Taylor Grazing Service, predecessor to the Bureau of Land Management, to show the numbers of livestock grazed upon the open range, for years from 1928 to 1934, inclusive, if accompanied by evidence of changes or absence of change since the date of the statement;
(2) A license issued by the Taylor Grazing Service for use upon the open range; or
(3) A statement of priority of use, or a license, issued by the United States Forest Service for the grazing of livestock before 1950.
(b) As to water rights on other privately owned land:
(1) An affidavit concerning the number and kind of livestock by a person familiar with the use made of the lands;
(2) A record of livestock assessed to the claimant of the right, or his predecessor, by a county assessor;
(3) A count of livestock belonging to the claimant or his predecessor made by a lender; or
(4) An affidavit of a disinterested person.
2. The location of a subsisting right to water livestock and its extent along a stream may be shown by marking upon a topographic map whose scale is not less than 1:100,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude and by further identifying the location or extent by one-sixteenth sections within a numbered section, township and range as certified by a registered state water right surveyor.
κ1995 Statutes of Nevada, Page 85 (CHAPTER 69, SB 97)κ
Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude and by further identifying the location or extent by one-sixteenth sections within a numbered section, township and range as certified by a registered state water right surveyor.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 177Committee on Natural Resources
CHAPTER 70
AN ACT relating to sheep; authorizing designated employees of the division of agriculture of the department of business and industry to issue sheep permits and act as sheep inspectors; expanding the application of the rules and regulations of the state board of sheep commissioners; making technical changes; and providing other matters properly relating thereto.
[Approved May 9, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 562.130 is hereby amended to read as follows:
562.130 The board [shall have the power:
1. To employ] may:
1. Employ a secretary and such inspectors and other employees as it may find necessary in carrying out the provisions of this chapter.
2. [To prescribe their] Prescribe the duties and [to fix their] fix the compensation and travel and subsistence expenses [.
3. To require] of its employees.
3. Require such bonds from its inspectors as the board sees fit.
4. Request the administrator of the division of agriculture of the department of business and industry to designate, pursuant to NRS 561.225, one or more employees of the division to issue sheep permits and act as sheep inspectors when the board and its inspectors are unable to do so.
Sec. 2. NRS 562.390 is hereby amended to read as follows:
562.390 1. All sheep or bucks imported to Nevada from any state, territory or the District of Columbia or from any foreign country [shall,] must, upon entering the state, irrespective of the time of entry, be dipped as required by and under the supervision of an inspector of the board. After the dipping, if the sheep or bucks are free of disease, they [shall] must be released and [shall] thereupon become subject to the laws, rules and regulations governing other sheep in the state.
2. When sheep, other than bucks, are imported, transported or driven into the State of Nevada from any other state or territory, the District of Columbia or from any foreign country under permit from the board or a designated employee of the division of agriculture of the department of business and industry, and the sheep are accompanied by a health certificate not more than 10 days old, signed by a state veterinarian, deputy state veterinarian, inspector of the Bureau of Animal Industry of the United States, or any authorized state sheep inspector, certifying that the sheep are free from disease and exposure thereto and have not been for the preceding 6 months in any district infected with sheep scabies, [such] the sheep may be admitted without dipping.
κ1995 Statutes of Nevada, Page 86 (CHAPTER 70, SB 177)κ
state sheep inspector, certifying that the sheep are free from disease and exposure thereto and have not been for the preceding 6 months in any district infected with sheep scabies, [such] the sheep may be admitted without dipping.
3. The board is authorized to take charge of and dip as soon as possible any sheep and bucks imported into the State of Nevada not previously dipped in Nevada as required by this section, and the expenses for so doing [shall] must be paid by the owner of the sheep or bucks [, and the same shall become] and constitute a lien upon [such] the sheep or bucks until paid.
4. Any person, firm or corporation, or any servant, agent or employee thereof, who is the owner or in charge or control of any sheep or bucks imported into the State of Nevada, violating the provisions or the dipping requirements of this section, [shall be] is guilty of a gross misdemeanor.
Sec. 3. NRS 562.410 is hereby amended to read as follows:
562.410 1. Any person, company, corporation or association, or any agent, servant or employee [of such,] thereof, desiring to move his or their sheep which are not sound, or which are infected with scabies or any infectious or contagious disease, or which have been exposed in any manner to any such infection or disease, [shall] must obtain from the member of the board supervising the district or from a designated employee of the division of agriculture of the department of business and industry, a traveling permit . [; but such permit shall] A permit may only be granted for the purpose of moving [such] the sheep to the nearest practicable place where they may be treated for the infection or disease, and by such routes as the member of the board [shall designate.] or the employee of the division designates.
2. No such sheep [shall] may be moved until [such permit shall have] a permit has been obtained.
3. The board may, by regulation, authorize an inspector to issue traveling permits.
4. Any person, company, corporation or association, or agent, servant or employee [of such, who shall violate] thereof, who violates the provisions of this section [shall be] is guilty of a gross misdemeanor.
Sec. 4. NRS 562.430 is hereby amended to read as follows:
562.430 1. No sheep [shall] may be brought into Nevada from any point outside thereof unless [and until] a permit has been issued by the board or a designated employee of the division of agriculture of the department of business and industry authorizing their entry and [unless and until] the terms of the permit have been complied with in all particulars.
2. The permit [shall] must accompany the lot or shipment of sheep concerned and if the shipment is made by common carrier, the permit [shall] must be attached to the waybill or bill of lading.
3. Sheep or bucks trailing into the state from adjoining states for immediate interstate shipments, [and] sheep and bucks grazing along and across the state lines, and sheep shipped or moved by any means from any part of this state to feed yards in any other part of this state [, when shipment is made by interstate route, shall be] are governed by the rules and regulations of the board.
4. If any person, company or corporation, or any agent, servant or employee thereof, if [guilty] convicted of a violation of the provisions of this section, [such] the person, company or corporation, or [any] the agent, servant or employee thereof, shall [, upon conviction thereof,] be punished as provided in NRS 562.560.
κ1995 Statutes of Nevada, Page 87 (CHAPTER 70, SB 177)κ
section, [such] the person, company or corporation, or [any] the agent, servant or employee thereof, shall [, upon conviction thereof,] be punished as provided in NRS 562.560.
Sec. 5. This act becomes effective on July 1, 1995.
________
Senate Bill No. 148Committee on Finance
CHAPTER 71
AN ACT making a supplemental appropriation to the state board of parole commissioners for retroactive retirement contributions; and providing other matters properly relating thereto.
[Approved May 9, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state board of parole commissioners the sum of $3,423 for payment of certain retroactive retirement contributions. This appropriation is supplemental to that made by section 22 of chapter 350, Statutes of Nevada 1993, at page 1120.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Senate Bill No. 66Committee on Transportation
CHAPTER 72
AN ACT relating to drivers licenses; revising the authority of the department of motor vehicles and public safety to examine an applicant for a license to operate certain motor vehicles; and providing other matters properly relating thereto.
[Approved May 9, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.325 is hereby amended to read as follows:
483.325 The department shall establish such qualifications as it believes reasonably necessary for the safe driving of the various types, sizes or combinations of vehicles and [shall appropriately examine] , except as otherwise provided in NRS 486.071, may require each applicant to submit to an examination to determine his qualification according to the type or class of license applied for.
κ1995 Statutes of Nevada, Page 88 (CHAPTER 72, SB 66)κ
Sec. 2. NRS 486.071 is hereby amended to read as follows:
486.071 Except as otherwise provided in NRS 486.161, [no person shall be issued] the department shall not issue a motorcycle drivers license [or authorized to drive a motorcycle unless such person:] unless the applicant:
1. Is at least 16 years of age; and
2. Has successfully completed [such] :
(a) Such written examination and driving test as may be required by the department [.] ; or
(b) A course of motorcycle safety approved by the department.
Sec. 3. NRS 486.131 is hereby amended to read as follows:
486.131 1. The department[shall examine] may require every applicant for a motorcycle drivers license [. The] to submit to an examination conducted by the department or successfully complete a course of motorcycle safety approved by the department.
2. An examination may be held in the county where the applicant resides within 30 days after the date application is made [.
2. The examination must] and may include:
(a) A test of the applicants ability to [read and] understand official devices used to control traffic;
(b) A test of his knowledge of practices for safe driving and the traffic laws of this state;
(c) Except as otherwise provided in a regulation adopted pursuant to subsection 2 of NRS 483.330, a test of his eyesight; and
(d) An actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motorcycle.
The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to drive a motorcycle safely upon the highways.
Sec. 4. NRS 486.161 is hereby amended to read as follows:
486.161 1. Except as otherwise provided in subsection 4, every motorcycle drivers license expires on the fourth anniversary of the licensees birthday, measured in the case of an original license, a renewal license or a license renewing an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth is February 29 is, for the purposes of NRS 486.011 to 486.381, inclusive, considered to have the anniversary of his birth fall on February 28.
2. Every license is renewable at any time before its expiration upon application and payment of the required fee. Every motorcycle endorsement to a drivers license issued on or after January 1, 1972, expires simultaneously with the expiration of the drivers license.
3. Except as otherwise provided in subsection 1 of NRS 483.384, each applicant for renewal [shall] must appear before an examiner for a drivers license and successfully pass a test of his eyesight.
4. Any person who has been issued a drivers license without having the authority to drive a motorcycle endorsed thereon must, before driving a motorcycle, successfully pass [a] :
(a) A driving test conducted by the department ; or
κ1995 Statutes of Nevada, Page 89 (CHAPTER 72, SB 66)κ
(b) A course of motorcycle safety approved by the department,
and have the authority endorsed upon his license.
Sec. 5. This act becomes effective upon passage and approval.
________
Senate Bill No. 4Committee on Commerce and Labor
CHAPTER 73
AN ACT relating to public health sanitarians; changing the name of the board for registration of public health sanitarians; changing the designation of such sanitarians accordingly; eliminating the limitation of time placed on scheduling a hearing before the board; and providing other matters properly relating thereto.
[Approved May 9, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 625A.010 is hereby amended to read as follows:
625A.010 The purpose of registering [sanitarians] environmental health specialists is to protect the public health and safety and the general welfare of the people of this state. Any certificate issued pursuant to this chapter is a revocable privilege and no holder of such a certificate acquires thereby any vested right.
Sec. 2. NRS 625A.020 is hereby amended to read as follows:
625A.020 As used in this chapter, unless the context otherwise requires:
1. Board means the board [for registration of public health sanitarians.
2. Sanitarian] of registered environmental health specialists.
2. Environmental health specialist means a person who:
(a) Is qualified to advocate or recommend the use of sanitary measures for the public benefit by reason of education, practical training and experience determined by the board to be satisfactory; and
(b) Has received from the board a certificate of registration.
[Sanitarian] The term does not include any person who engages in the practice of professional engineering, unless he is registered to do so pursuant to chapter 625 of NRS.
Sec. 3. NRS 625A.030 is hereby amended to read as follows:
625A.030 1. There is hereby created the board [for registration of public health sanitarians,] of registered environmental health specialists, consisting of the state health officer or his designated representative and four members appointed by the governor.
2. After the initial terms, each member appointed by the governor must be appointed for a term of 3 years.
3. Of the members of the board appointed by the governor after his initial appointments, two must represent the general public and two must be [sanitarians,] environmental health specialists, one employed by the health district containing Washoe County and one employed by the health district containing Clark County.
κ1995 Statutes of Nevada, Page 90 (CHAPTER 73, SB 4)κ
4. The governor may, after notice and hearing, remove any member of the board for misconduct in office, incompetency, neglect of duty or other sufficient cause.
5. The board shall elect from its members who are not employees of the state a chairman and a secretary. The chairman must be elected annually on July 1. The secretary continues in office at the pleasure of the board.
Sec. 4. NRS 625A.040 is hereby amended to read as follows:
625A.040 1. The board shall hold at least one meeting annually to:
(a) Review and evaluate applications for registration as [sanitarians.] environmental health specialists.
(b) Conduct examinations.
(c) Review expenditures by the board.
(d) Prepare reports.
(e) Transact any other business necessary to enable the board to carry out its duties.
2. Special meetings of the board may be called by the secretary upon the written request of any two members of the board or upon a written request signed by 10 [sanitarians.] environmental health specialists.
3. Three members of the board constitute a quorum to transact all business, and a majority of those present must concur on any decision.
Sec. 5. NRS 625A.070 is hereby amended to read as follows:
625A.070 1. Before September 1 of each even-numbered year, for the biennium ending June 30 of that year, the board shall file a written report of the activities of the board with the governor. The report must include the results of the annual audits of the fiscal records of the board.
2. A copy of the report must be mailed by the board to:
(a) Each [sanitarian;] environmental health specialist; and
(b) Any other person who submits a written request to the board for a copy.
Sec. 6. NRS 625A.090 is hereby amended to read as follows:
625A.090 The board shall maintain a register of all:
1. Applicants for registration as [a sanitarian] an environmental health specialist which contains:
(a) The name, age and place of residence of the applicant;
(b) The name and address of the employer of the applicant or address of the place of business of the applicant;
(c) The date of the application;
(d) The educational qualifications, practical training and experience of the applicant;
(e) The date on which the board reviewed the application, and the action taken;
(f) The number of the certificate of registration, if any, issued to the applicant; and
(g) Such other information as the board considers necessary.
2. [Sanitarians] Environmental health specialists currently registered.
Sec. 7. NRS 625A.100 is hereby amended to read as follows:
625A.100 1. An applicant for registration as [a sanitarian] environmental health specialist shall submit to the board, through its secretary:
κ1995 Statutes of Nevada, Page 91 (CHAPTER 73, SB 4)κ
(a) A completed application on a form prescribed and furnished by the board;
(b) The required fee; and
(c) Proof of his educational qualifications, practical training and experience.
2. The fee is not refundable.
Sec. 8. NRS 625A.110 is hereby amended to read as follows:
625A.110 1. To be eligible for registration , an applicant must have:
(a) A baccalaureate or higher degree from an accredited college or university;
(b) Satisfactorily completed at least 45 quarter hours or 30 semester hours of academic work approved by the board in environmental health and public hygiene or the physical and biological sciences, or a combination of both; and
(c) At least 2 years of experience approved by the board in this field of public health.
2. The board may register a person who is not qualified under subsection 1, if he:
(a) Was actively employed in this field of public health in this state on July 1, 1987;
(b) Is a graduate of an accredited high school;
(c) Has had at least 4 years of successful experience in this field;
(d) Passes a written or oral examination administered by the board; and
(e) Completes all the requirements of this subsection before July 1, 1991.
3. The board may register, upon written application, any person who:
(a) Was employed in this field of public health in this state on July 1, 1987, and was a registered sanitarian in this state before July 1, 1977; or
(b) Is registered as [a public health sanitarian] an environmental health specialist with the National Environmental Health Association and is a resident of this state.
Sec. 9. NRS 625A.130 is hereby amended to read as follows:
625A.130 1. Each applicant for registration as [a sanitarian] an environmental health specialist shall pay a fee set by the board not to exceed $250.
2. Each applicant who fails an examination and who desires to be re-examined shall pay a fee set by the board not to exceed $200 for each re-examination.
3. Each registered [sanitarian] environmental health specialist shall pay to the secretary of the board on or before the date fixed by the board an annual fee for registration to be set by the board not to exceed $100. The annual fee for registration must be collected for the year in which [a sanitarian] an environmental health specialist is initially registered.
4. The certificate of any [sanitarian] environmental health specialist who fails to pay the annual fee for registration within 60 days after it is due is automatically suspended. The board must notify the [sanitarian] environmental health specialist that his certificate has been suspended for nonpayment of the annual fee. It may be reinstated pursuant to regulations adopted by the board.
Sec. 10. NRS 625A.140 is hereby amended to read as follows:
625A.140 Each certificate issued by the board must be numbered and contain the:
κ1995 Statutes of Nevada, Page 92 (CHAPTER 73, SB 4)κ
1. Designation Registered [Sanitarian.] Environmental Health Specialist.
2. Name of the person registered.
3. Date of issuance.
4. Seal of the board.
5. Signatures of the members of the board.
Sec. 11. NRS 625A.150 is hereby amended to read as follows:
625A.150 1. The board shall adopt regulations requiring participation in a program of continuing education as a prerequisite for the renewal of a certificate of registration.
2. The board may exempt [a sanitarian] an environmental health specialist from the requirements for continuing education if he is able to show good cause why the requirements could not be met. The exemption may not be granted to a person more than once in any 2-year period.
Sec. 12. NRS 625A.160 is hereby amended to read as follows:
625A.160 The grounds for initiating disciplinary action under this chapter are:
1. Unprofessional conduct;
2. Conviction of a felony or any offense involving moral turpitude;
3. [Suspension] The suspension or revocation of a certificate or license as [a sanitarian] an environmental health specialist by any other jurisdiction; or
4. Failure to meet the requirements for continuing education.
Sec. 13. NRS 625A.180 is hereby amended to read as follows:
625A.180 1. If the board finds after a hearing , or after providing an opportunity for a hearing, that disciplinary action is necessary, it may by order:
(a) Place the [sanitarian] environmental health specialist on probation for a specified period or until further order of the board;
(b) Administer a public or private reprimand; or
(c) Suspend or revoke his certificate.
2. If the order places [a sanitarian] an environmental health specialist on probation, the board may impose such limitations or conditions upon his professional activities as it finds consistent to protect the public health.
Sec. 14. NRS 625A.190 is hereby amended to read as follows:
625A.190 1. Upon denial of an application for registration or renewal of a certificate or other disciplinary action, the board shall give the person written notice of its decision mailed to him at his last known address by certified mail, return receipt requested. The notice must:
(a) State the reason for the denial or disciplinary action; and
(b) Inform the person that he has the right to a hearing before the board.
2. A written request for a hearing must be filed with the board within 30 days after the notice is mailed. If a hearing is requested, the [secretary of the board shall schedule the hearing for a date not later than 20 days after receipt of the request.] board shall set a time and place for a formal hearing and notify the person of the time and place set for the hearing. The board shall hold the hearing at the time and place designated in the notice.
κ1995 Statutes of Nevada, Page 93 (CHAPTER 73, SB 4)κ
Sec. 15. NRS 625A.200 is hereby amended to read as follows:
625A.200 1. Only a person who holds a valid certificate of registration issued by the board may use the title, registered [sanitarian] environmental health specialist or environmental health specialist or the abbreviation [R.S.] R.E.H.S. or E.H.S. after his name.
2. Any person who violates this section is guilty of a misdemeanor.
Sec. 16. Any person who, on October 1, 1995, holds a certificate of registration as a sanitarian issued in accordance with the provisions of chapter 625A of NRS shall be deemed a registered environmental health specialist and in compliance with the requirements for registration contained in that chapter.
________
Senate Bill No. 3Committee on Commerce and Labor
CHAPTER 74
AN ACT relating to the board of occupational therapy; requiring the governor to appoint members to the board without the submission of a list of nominations; and providing other matters properly relating thereto.
[Approved May 9, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 640A.080 is hereby amended to read as follows:
640A.080 1. The board of occupational therapy, consisting of five members appointed by the governor, is hereby created.
2. The governor shall appoint to the board:
(a) One member who is a representative of the general public;
(b) One member who is an occupational therapist or occupational therapy assistant; and
(c) Three members who are occupational therapists.
3. Each member of the board must be a resident of Nevada. An occupational therapist or occupational therapy assistant appointed to the board must:
(a) Have practiced, taught or conducted research in occupational therapy for the 5 years immediately preceding his appointment; and
(b) Except for the initial members, hold a [current] license issued pursuant to this chapter.
4. No member of the board may serve more than two consecutive terms.
5. [The Nevada Occupational Therapy Association or its successor organization if the association ceases to exist, shall at least 30 days before the beginning of any term, or within 30 days after a position on the board becomes vacant, submit to the governor the names of not less than three nor more than five persons qualified for membership on the board for each position to be filled. The governor shall appoint new members or fill the vacancy from the list, or request a new list. If the Nevada Occupational Therapy Association or its successor fails to submit timely nominations for a position on the board, the governor may appoint any qualified person.]
κ1995 Statutes of Nevada, Page 94 (CHAPTER 74, SB 3)κ
position on the board, the governor may appoint any qualified person.] If a vacancy occurs during a members term, the governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.
Sec. 2. This act becomes effective on July 1, 1995.
________
Senate Bill No. 172Committee on Natural Resources
CHAPTER 75
AN ACT relating to the inspection of motor vehicles; providing statutory authority for the department of motor vehicles and public safety to deny, suspend or revoke the license of a fleet station; and providing other matters properly relating thereto.
[Approved May 9, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.634 is hereby amended to read as follows:
445.634 1. The department of motor vehicles and public safety shall establish procedures for inspecting authorized inspection stations, authorized maintenance stations, authorized stations and fleet stations, and may require the holder of a license for an authorized inspection station, authorized maintenance station , [or] authorized station or fleet station to submit any material or document which is used in the program to control emissions from motor vehicles.
2. The department may deny, suspend or revoke the license of an approved inspector, authorized inspection station, authorized maintenance station , [or] authorized station or fleet station if:
(a) The approved inspector or the holder of a license for an authorized inspection station, authorized maintenance station , [or] authorized station or fleet station is not complying with the provisions of NRS 445.610 to 445.670, inclusive.
(b) The holder of a license for an authorized inspection station, authorized maintenance station , [or] authorized station or fleet station refuses to furnish the department with the requested material or document.
(c) The approved inspector has issued a fraudulent certificate of compliance, whether intentionally or negligently. A fraudulent certificate includes, but is not limited to:
(1) A backdated certificate;
(2) A postdated certificate; and
(3) A certificate issued without an inspection.
(d) The approved inspector does not follow the prescribed test procedure.
________
κ1995 Statutes of Nevada, Page 95κ
Senate Bill No. 173Committee on Natural Resources
CHAPTER 76
AN ACT relating to motor vehicles; requiring that evidence of compliance with requirements for the control of emissions be presented upon the registration of a motor vehicle only if the inspection of the vehicle is required by regulations adopted by the state environmental commission; removing an exemption for experimental vehicles from the provisions governing the evidence of compliance required upon the registration of used vehicles; and providing other matters properly relating thereto.
[Approved May 9, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.635 is hereby amended to read as follows:
445.635 The authority set forth in NRS 445.630 providing for a compulsory inspection program is limited as follows:
1. In a county whose population is 100,000 or more, [on or after January 1, 1993,] all passenger cars and light-duty motor vehicles which use diesel fuel and [are being registered or reregistered] require inspection pursuant to the regulations adopted by the commission under NRS 445.630 are required to have evidence of compliance [.] upon registration or reregistration.
2. In areas which have been designated by the commission for inspection programs and which are located in counties whose populations are 100,000 or more, [on or after October 1, 1983,] all used motor vehicles [being registered or reregistered] which require inspection pursuant to the regulations adopted by the commission under NRS 445.630 are required to have evidence of compliance[.] upon registration or reregistration.
3. In designated areas in other counties where the commission puts a program into effect, [on or after October 1, 1983,] all used motor vehicles [being registered] which require inspection pursuant to the regulations adopted by the commission under NRS 445.630 are required to have evidence of compliance [.] upon registration or reregistration.
4. The board of county commissioners of a county containing a designated area may revise its program for the designated area after receiving the approval of the commission.
Sec. 2. NRS 445.640 is hereby amended to read as follows:
445.640 1. Subject to any applicable limitation of NRS 445.610 to 445.670, inclusive, and any regulation adopted pursuant thereto, no used motor vehicle as defined in NRS 482.132 which requires inspection pursuant to the regulations adopted by the commission under NRS 445.630 may be registered unless the application for registration is accompanied by evidence of compliance issued by any authorized inspection station, authorized station or fleet station certifying that the vehicle is equipped with devices for the control of pollution from motor vehicles required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of NRS 445.610 to 445.710, inclusive.
2. If:
(a) A seller of a used vehicle is required to complete a dealers report of sale pursuant to the provisions of NRS 482.424; or
κ1995 Statutes of Nevada, Page 96 (CHAPTER 76, SB 173)κ
(b) A long-term lessor of a used vehicle is required to complete a long-term lessors report of lease pursuant to the provisions of NRS 482.4245, the seller or long-term lessor shall also provide the buyer or long-term lessee with any evidence of compliance required pursuant to subsection 1.
3. The requirements of this section apply only:
(a) To passenger cars and light-duty motor vehicles which use diesel fuel and are based in a county whose population is 100,000 or more; and
(b) In counties where a program of inspecting and testing motor vehicles and systems for the control of emissions from motor vehicles has been implemented pursuant to NRS 445.630.
Sec. 3. NRS 445.650 is hereby amended to read as follows:
445.650 The provisions of NRS 445.640 do not apply to:
1. Transfer of registration or ownership between:
(a) Husband and wife; or
(b) Companies whose principal business is leasing of vehicles, if there is no change in the lessee or operator of the vehicle.
2. Motor vehicles which are subject to prorated registration pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which are not based in this state.
3. Transfer of registration if evidence of compliance was issued within 90 days before the transfer.
[4. Motor vehicles which have been licensed by the department of motor vehicles and public safety as experimental vehicles.]
Sec. 4. NRS 445.670 is hereby amended to read as follows:
445.670 1. Except as otherwise provided in subsection 2, persons employed at branch offices of the department of motor vehicles and public safety and the offices of county assessors who are acting as agents of the department in the collection of fees for registration, shall not register:
(a) A passenger car or light-duty motor vehicle which [uses] :
(1) Uses diesel fuel [and is] ;
(2) Is based in a county whose population is 100,000 or more; and
(3) Requires inspection pursuant to the regulations adopted by the commission under NRS 445.630; or
(b) A vehicle which [is] :
(1) Is based in an area of this state designated by the commission [,] ; and
(2) Requires inspection pursuant to the regulations adopted by the commission under NRS 445.630,
until evidence of compliance with NRS 445.610 to 445.710, inclusive, has been provided.
2. An owner or lessee of a fleet of three or more vehicles may, upon application to the department of motor vehicles and public safety, submit evidence of compliance for his motor vehicles in a manner determined by that department.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1995 Statutes of Nevada, Page 97κ
Senate Bill No. 80Senator Adler
CHAPTER 77
AN ACT relating to state emblems; designating the tule duck decoy as the official state artifact of the State of Nevada; and providing other matters properly relating thereto.
[Approved May 9, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 235 of NRS is hereby amended by adding thereto a new section to read as follows:
The object of human workmanship known as the tule duck decoy is hereby designated as the official state artifact of the State of Nevada.
________
Senate Bill No. 258Committee on Commerce and Labor
CHAPTER 78
AN ACT relating to repossessors; revising the applicability of the provisions governing the licensure of repossessors; and providing other matters properly relating thereto.
[Approved May 9, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 648.018 is hereby amended to read as follows:
648.018 Except as to polygraphic examiners and interns, this chapter does not apply:
1. To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada, while the detective or officer is engaged in the performance of his official duties.
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while the officer is engaged in the performance of his official duties.
3. To insurance adjusters and their associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who are not otherwise engaged in the business of private investigators.
4. To any [person] private investigator, private patrolman, process server, dog handler or security consultant employed by an employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.
5. To a repossessor employed exclusively by one employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.
κ1995 Statutes of Nevada, Page 98 (CHAPTER 78, SB 258)κ
6. To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
[6] 7. To a charitable philanthropic society or association [duly] incorporated under the laws of this state which is organized and maintained for the public good and not for private profit.
[7] 8. To an attorney at law in performing his duties as such.
[8] 9. To a collection agency unless engaged in business as a repossessor, licensed by the commissioner of financial institutions, or an employee thereof while acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.
[9] 10. To admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.
[10] 11. To any bank organized [under] pursuant to the laws of this state or to any national bank engaged in banking in this state.
[11] 12. To any person employed to administer a program of supervision for persons who are serving terms of residential confinement.
Sec. 2. This act becomes effective on July 1, 1995.
________
Senate Bill No. 120Senators James, Jacobsen, Lowden, Mathews, Neal, Porter, Regan, Shaffer and Townsend
CHAPTER 79
AN ACT relating to civil actions; limiting the liability of county school districts, local law enforcement agencies and certain other persons for the acts and omissions of certain crossing guards for schools; and providing other matters properly relating thereto.
[Approved May 9, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. For the purposes of NRS 41.0305 to 41.039, inclusive, a person who volunteers to a county school district or to a local law enforcement agency to serve as a crossing guard for a county school district shall be deemed an employee of a political subdivision of the state if he has successfully completed a training course in traffic safety that has been approved by a local law enforcement agency.
Sec. 3. County school districts and local law enforcement agencies are not liable for the negligent acts or omissions of a person who volunteers to serve as a crossing guard, unless:
1. The volunteer made a specific promise or representation to a natural person who relied upon the promise or representation to his detriment; or
2. The conduct of the volunteer affirmatively caused the harm.
κ1995 Statutes of Nevada, Page 99 (CHAPTER 79, SB 120)κ
The provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.
Sec. 4. NRS 41.0335 is hereby amended to read as follows:
41.0335 1. No action may be brought against:
(a) Any sheriff which is based solely upon any act or omission of a deputy;
(b) A chief of a police department which is based solely upon any act or omission of an officer of the department; [or]
(c) A chief of a fire department which is based solely upon any act or omission of a fireman or other person called to assist the department [.] ;
(d) A member of the board of trustees of a county school district, the superintendent of schools of that school district or the principal of a school, which is based solely upon any act or omission of a person volunteering as a crossing guard; or
(e) A chief of a local law enforcement agency which is based solely on any act or omission of a person volunteering as a crossing guard.
2. This section does not:
(a) Limit the authority of the state or a political subdivision or a public corporation of the state to bring an action on any bond or insurance policy provided pursuant to law for or on behalf of any person who may be aggrieved or wronged.
(b) Limit or abridge the jurisdiction of any court to render judgment upon any such bond or insurance policy for the benefit of any person so aggrieved or wronged.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 230Committee on Ways and Means
CHAPTER 80
AN ACT making an appropriation to the department of prisons for expenses related to the opening of the Lovelock correctional facility; and providing other matters properly relating thereto.
[Approved May 10, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of prisons the sum of $510,769, for expenses related to the opening of the Lovelock correctional facility, to be allocated as follows:
Phase I Staff Relocation.......................................................... $212,616
Phase I Start-Up Supplies......................................................... $186,113
Phase I Medical Staff Relocation.......................................... $50,381
Phase I Medical Start-Up Supplies......................................... $28,785
Phase I Training......................................................................... $32,874
κ1995 Statutes of Nevada, Page 100 (CHAPTER 80, AB 230)κ
Sec. 2. There is hereby appropriated from the state general fund to the department of prisons the sum of $1,503,024, for expenses related to the opening of the Lovelock correctional facility, to be allocated as follows:
Phase I Equipment.................................................................... $1,231,787
Phase I Medical Equipment.................................................... $235,826
Phase I Nevada Criminal Information System (Lovelock Hook-Up Supplies and Equipment).............................................. $35,411
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1996, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 71Committee on Ways and Means
CHAPTER 81
AN ACT relating to the department of motor vehicles and public safety; increasing the balance in the motor vehicle revolving account; making an appropriation; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.183 is hereby amended to read as follows:
482.183 The motor vehicle revolving account in the amount of [$20,000] $40,000 is hereby created and must be used for change in the main and branch offices.
Sec. 2. There is hereby appropriated from the state highway fund to the motor vehicle revolving account the sum of $20,000.
Sec. 3. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 101κ
Assembly Bill No. 34Committee on Ways and Means
CHAPTER 82
AN ACT making an appropriation to the budget division of the department of administration for reimbursement of the legal division of the legislative counsel bureau for the expenses involved in preparing bill drafts requested by agencies of the executive branch; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the budget division of the department of administration for reimbursement of the legal division of the legislative counsel bureau the sum of $125,000 for the expenses involved in preparing legislation requested by agencies of the executive branch.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 232Senator McGinness
CHAPTER 83
AN ACT relating to public libraries; authorizing the certification of the personnel of public libraries by the state librarian; prohibiting the disclosure of certain information relating to an applicant for certification; providing a penalty; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 379 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. The state librarian shall adopt regulations establishing standards for the certification by the state librarian of the personnel of public libraries in this state.
2. The regulations must include:
(a) Standards for the certification of various categories of library personnel, based upon their educational backgrounds, work experience and job descriptions.
(b) The qualifications required for certification, including the courses of study or training required for each category of certification.
3. The regulations may include:
κ1995 Statutes of Nevada, Page 102 (CHAPTER 83, SB 232)κ
(a) Provisions governing the issuance of conditional certificates to personnel of public libraries before the completion of all courses of study or other requirements for certification.
(b) Provisions governing the issuance of provisional certificates pursuant to section 3 of this act.
4. The regulations must provide that they do not apply to a public library unless the governing authority of the library has approved the regulations for use by the library.
Sec. 3. Every applicant for certification by the state librarian must submit with his application a complete set of his fingerprints and written permission authorizing the state librarian to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report. The state librarian may issue a provisional certificate pending receipt of the report if he determines that the applicant is otherwise qualified.
Sec. 4. 1. An application to the state librarian for certification and all documents in the file of the state librarian relating to an application, including:
(a) The applicants health records;
(b) The applicants fingerprints and any report from the Federal Bureau of Investigation;
(c) Transcripts of the applicants record at colleges or other educational institutions;
(d) Any correspondence concerning the application; and
(e) Any other personal information concerning the applicant,
are confidential.
2. It is unlawful to disclose or release the information in an application or any related document except pursuant to the written authorization of the applicant.
3. The state librarian shall, upon request, make available the file of the applicant for his inspection during regular business hours.
Sec. 5. 1. The state librarian shall adopt regulations setting forth standards for the approval of a course of study or training offered by an educational institution to qualify a person for certification.
2. Except as otherwise provided in subsection 3, the state librarian shall, upon the application of an educational institution or as he determines necessary, review and evaluate a course of study or training offered by an educational institution to qualify a person for certification. If the course of study or training meets the standards established by the state librarian, it must be approved by the state librarian.
3. In lieu of reviewing and evaluating a course of study or training, the state librarian may approve a course of study or training which is approved by a national agency for accreditation.
4. If the state librarian denies or withdraws approval of a course of study or training, the educational institution is entitled to a hearing and judicial review of the decision of the state librarian.
Sec. 6. The state librarian may adopt regulations establishing fees:
1. Of not more than $5 for the issuance and renewal of a certificate. The fee for issuing a duplicate certificate must be the same as for issuing the original.
κ1995 Statutes of Nevada, Page 103 (CHAPTER 83, SB 232)κ
original. The money received from such fees must be paid into the state general fund.
2. To cover the amount charged by the Federal Bureau of Investigation for processing the fingerprints of an applicant. The money received from such fees must be deposited with the state treasurer for credit to the appropriate account of the division of state library and archives of the department of museums, library and arts.
Sec. 7. The state librarian shall file with the governing authority of each public library in this state a directory of all personnel who hold certificates, and shall advise the governing authority from time to time, as necessary, of any changes or additions to the directory.
Sec. 8. The purpose of certifying the personnel of public libraries is to protect the general welfare of the people of this state. Any certificate issued by the state librarian is a revocable privilege and no holder of a certificate acquires any vested right therein.
________
Senate Bill No. 289Committee on Government Affairs
CHAPTER 84
AN ACT relating to state financial administration; revising the authority of the state board of examiners regarding the payment of claims from money appropriated or authorized by the legislature; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.090 is hereby amended to read as follows:
353.090 1. Except for claims for the payment of the salaries of public officers, every claim for payment from the state treasury pursuant to an appropriation or authorization by the legislature must be presented to the state board of examiners for a determination of its correctness . [and the availability of money within the appropriation or authorization for its payment.] The state board of examiners may adopt regulations providing for the use of sampling procedures and postaudit techniques for making such a determination.
2. Any money which:
(a) Is allocated to this state pursuant to a federal program in the form of a letter of credit or its equivalent;
(b) Is authorized for expenditure by the legislature;
(c) Has not been deposited in the state treasury; and
(d) Is immediately available to this state through an automated federal payment management system,
shall be deemed to be available for a claim for payment from the state treasury.
3. The state controller shall not allow or draw his warrant for [any] :
κ1995 Statutes of Nevada, Page 104 (CHAPTER 84, SB 289)κ
(a) Any claim of the class described in this section which has not been approved by the state board of examiners [, or for a] ; or
(b) A greater amount than allowed by the board,
except when the claim has not been acted upon by the board within 30 days after its presentation to the board.
________
Senate Bill No. 280Committee on Government Affairs
CHAPTER 85
AN ACT relating to counties; authorizing additional counties to establish a medical scholarship program for students who need financial assistance and who agree to return, after graduation and certification, to that county to practice medicine; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.382 is hereby amended to read as follows:
244.382 The legislature finds that:
1. Many of the less populous counties of the state have experienced shortages of physicians, surgeons, anesthetists, dentists, other medical professionals and physicians assistants.
2. Some of the more populous counties of the state have also experienced shortages of physicians, surgeons, anesthetists, dentists, other medical professional and physicians assistants in their rural communities.
3. By granting county scholarships to students in such medical professions who will agree to return to the less populous counties or the rural communities of the more populous counties for residence and practice, these counties can alleviate the shortages to a degree and thereby provide their people with needed health services.
Sec. 2. NRS 244.3821 is hereby amended to read as follows:
244.3821 1. In addition to the powers elsewhere conferred upon all counties, except as otherwise provided in subsection 2, any county [whose population is less than 100,000] may establish a medical scholarship program to induce students in the medical professions to return to [those counties] the county for practice.
2. Any county whose population is 100,000 or more may only establish a medical scholarship program to induce students in the medical professions to return to the less populous rural communities of the county for practice.
3. Students in the medical professions for the purposes of NRS 244.382, to 244.3823, inclusive, include persons studying to be physicians assistants.
[2. The boards]
4. The board of county commissioners of [those counties] a county that has established a medical scholarship program may appropriate money from the general fund of the [counties] county for medical scholarship funds and may accept private contributions to augment the scholarship funds.
κ1995 Statutes of Nevada, Page 105 (CHAPTER 85, SB 280)κ
Sec. 3. NRS 244.3822 is hereby amended to read as follows:
244.3822 1. If a medical scholarship fund is created, the board of county commissioners may grant individual scholarships but shall first require each recipient to:
[1.] (a) Show his financial need for the scholarship.
[2.] (b) Execute a written agreement that, after completing his studies and achieving professional certification, he will , except as otherwise provided in subsection 2, return to the county and practice the profession for a number of years to be specified by the board, not [less] fewer than the number of years during which he received the countys assistance for his education.
2. If a recipient of a scholarship executes a written agreement with a county pursuant to subsection 2 of NRS 244.3821, he shall return to a less populous rural community of that county and practice the profession for a number of years to be specified by the board, not fewer than the number of years during which he received the countys assistance for his education.
________
Senate Bill No. 158Committee on Judiciary
CHAPTER 86
AN ACT relating to witnesses; requiring the payment of certain fees, allowances and expenses before a witness is obligated to appear in a civil action; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 50.225 is hereby amended to read as follows:
50.225 1. For attending the courts of this state in any criminal case, or civil suit or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpoena, each witness is entitled:
(a) To be paid a fee of $25 for each days attendance, including Sundays and holidays.
(b) Except as otherwise provided in this paragraph, to be paid for attending [courts] a court of the county in which [they reside] he resides at the rate of 19 cents a mile for each mile necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route. A board of county commissioners may provide that, for each mile so traveled to attend a court of the county in which [they reside, each such person] he resides, each witness is entitled to be paid an amount equal to the allowance for travel by private conveyance provided for state officers and employees generally pursuant to subsection 3 of NRS 281.160. If the board so provides, each witness at any other hearing or proceeding held in that county who is entitled to receive the payment for mileage specified in this paragraph must be paid mileage in an amount equal to the allowance for travel by private conveyance provided for state officers and employees generally pursuant to subsection 3 of NRS 281.160.
κ1995 Statutes of Nevada, Page 106 (CHAPTER 86, SB 158)κ
conveyance provided for state officers and employees generally pursuant to subsection 3 of NRS 281.160.
2. In addition to the fee and payment for mileage specified in subsection 1, a board of county commissioners may provide that, for each day of attendance in a court of the county in which he resides, each witness is entitled to be paid a per diem allowance in an amount equal to the per diem allowance provided for state officers and employees generally while away from the office and within this state pursuant to subsection 1 of NRS 281.160. If the board so provides, each witness at any other hearing or proceeding held in that county who is a resident of that county and who is entitled to receive the fee specified in paragraph (a) of subsection 1, must be paid, in addition to that fee, a per diem allowance in an amount equal to the per diem allowance provided in this subsection.
3. If a witness is from without the county, or, being a resident of another state, voluntarily appears as a witness at the request of the attorney general or the district attorney and the board of county commissioners of the county in which the court is held, he is entitled to reimbursement for the actual and necessary expenses for going to and returning from the place where the court is held. He is also entitled to receive the same allowances for subsistence and lodging as are provided for state officers and employees generally.
4. Any person in attendance at a trial who is sworn as a witness is entitled to the fees, the per diem allowance, if any, travel expenses and any other reimbursement set forth in this section, irrespective of the service of a subpoena.
5. Witness fees, per diem allowances, travel expenses and other reimbursement in civil cases must be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs must not be allowed for more than two witnesses to the same fact or series of facts, and a party plaintiff or defendant must not be allowed any fees, per diem allowance, travel expenses or other reimbursement for attendance as a witness in his own behalf.
6. [No] A person is not obligated to [testify] appear in a civil action or proceeding unless he has been paid an amount equal to 1 days fees, the per diem allowance provided by the board pursuant to subsection 2, if any, and the travel expenses reimbursable pursuant to this section.
________
κ1995 Statutes of Nevada, Page 107κ
Senate Bill No. 285Committee on Judiciary
CHAPTER 87
AN ACT relating to garnishment; revising the requirements for the service of a writ of garnishment on a bank with branch offices or military facilities; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 31.291 is hereby amended to read as follows:
31.291 1. Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by the bank must be garnished by serving a copy of the writ of garnishment on one of the following officers of the bank:
(a) If the bank has no branches, trust department or military facility, on the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing the debts, or having in its possession or under its control the credits or other personal property.
(b) If the bank has branches or military facilities owing the debts or having in its possession or under its control the credits or other personal property, on the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on that officer or agent [does not constitute] constitutes a valid levy on any debt, credit or other personal property owing by any [other] branch or military facility [.] of the bank.
(c) If the bank has a trust department owing the debts or having in its possession or under its control the credits or other personal property, on the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.
2. Debts and credits due or to become due from a savings and loan association incorporated under the laws of the State of Nevada or the laws of the United States of America or other personal property and choses in action held by the savings and loan association must be garnished by serving the writ of garnishment in the same manner as upon banks pursuant to subsection 1.
3. A garnishment pursuant to this section creates a lien only upon the amounts in the accounts or to the credit of the debtor at the time of service of the writ of garnishment. An item in the process of collection is included in the amount of an account unless the item is returned unpaid. Money in the accounts that the garnishee has declared under oath and in answers to interrogatories to be exempt from execution is not included in the amount of the account.
κ1995 Statutes of Nevada, Page 108 (CHAPTER 87, SB 285)κ
4. No garnishment may occur until the defendant has been served with the notice of execution in substantially the form prescribed in NRS 31.045 and in the manner prescribed in NRS 21.076.
________
Assembly Bill No. 285Assemblymen Segerblom, Buckley, Chowning, Manendo, Giunchigliani, Bache, Batten, Sandoval, Goldwater, Fettic, Schneider, Neighbors, de Braga, Williams, Dini, Perkins, Anderson, Arberry, Evans, Krenzer and Spitler
CHAPTER 88
AN ACT relating to counties; removing a restriction on the ability of certain county fair and recreation boards to expend money in support of airports; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.622 is hereby amended to read as follows:
244A.622 1. Except as otherwise provided in subsections 2 and 3, in a county whose population is 400,000 or more, the county fair and recreation board, in addition to any other powers, may also use any money that it receives to pay the cost of projects for improving, operating or maintaining an airport, or any combination thereof, including, without limitation, projects designed to encourage tourism or to improve access to airports by tourists.
2. Money may only be used pursuant to this section with respect to an airport that is not less than 90 miles by road from any airport owned by the county with 100 or more scheduled flights per day.
3. No money may be expended pursuant to this section with respect to a particular airport [:
(a) In] in excess of $500,000 during any fiscal year.
[(b) During more than 3 fiscal years.]
Sec. 2. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 109κ
Assembly Bill No. 294Committee on Government Affairs
CHAPTER 89
AN ACT relating to the City of Reno; increasing the number of members of the civil service commission; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 9.030 of the charter of the City of Reno, as added by chapter 553, Statutes of Nevada 1973, and amended by chapter 373, Statutes of Nevada 1979, at page 646, is hereby amended to read as follows:
Sec. 9.030 Civil service commission [. Appointment and compensation.] : Number, appointment, qualifications, terms, compensation of members.
1. [There shall be a] A civil service commission is created to carry out the provisions of this article. The commission [shall consist of five] consists of seven members appointed by the mayor with the approval of the city council.
2. Members [shall:] must:
(a) Be residents of the city.
(b) Have no other connection with the city government.
(c) Hold no elective office.
(d) Serve for terms of five years.
(e) Receive compensation as provided by city ordinance.
3. One term of office shall begin on the second Monday in July in each successive year. A member shall serve until his successor is appointed and qualified. A vacancy occurring during a term [shall] must be filled by the mayor with the approval of the city council for the remainder of that term.
Sec. 2. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 426Committee on Ways and Means
CHAPTER 90
AN ACT making a supplemental appropriation to the committee to hire the handicapped of the department of employment, training and rehabilitation for certain personnel expenses in the Las Vegas office; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the committee to hire the handicapped of the department of employment, training and rehabilitation the sum of $3,150 for certain personnel expenses in the Las Vegas office.
κ1995 Statutes of Nevada, Page 110 (CHAPTER 90, AB 426)κ
and rehabilitation the sum of $3,150 for certain personnel expenses in the Las Vegas office. This appropriation is supplemental to that made by section 25 of chapter 350, Statutes of Nevada 1993, at page 1121.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Senate Bill No. 23Committee on Government Affairs
CHAPTER 91
AN ACT relating to the City of Henderson; permitting city to use its power of eminent domain to acquire property for establishing offstreet public parking facilities; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2.220 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 482, Statutes of Nevada 1981, at page 972, is hereby amended to read as follows:
Sec. 2.220 Powers of city council: Parking meters; offstreet public parking facilities.
1. The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters must be fixed by the city council.
2. Except as otherwise provided by this charter, the city council may acquire property within the city by any lawful means [except] , including eminent domain , for the purpose of establishing offstreet public parking facilities for vehicles. The city council may, in bonds issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.
________
κ1995 Statutes of Nevada, Page 111κ
Senate Bill No. 65Committee on Transportation
CHAPTER 92
AN ACT relating to drivers licenses; revising the authority of the department of motor vehicles and public safety to require an applicant for a drivers license to submit to an examination; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.330 is hereby amended to read as follows:
483.330 1. The department [shall examine] may require every applicant for a drivers license [.] to submit to an examination. The examination [must] may include:
(a) A test of the applicants ability to [read and] understand official devices used to control traffic;
(b) A test of his knowledge of practices for safe driving and the traffic laws of this state;
(c) Except as otherwise provided in subsection 2, a test of his eyesight; and
(d) Except as otherwise provided in subsection 3, an actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he is to be licensed. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to drive a motor vehicle safely upon the highways.
2. The department may provide by regulation for the acceptance of a report from an ophthalmologist, optician or optometrist in lieu of an eye test by a drivers license examiner.
3. If the department establishes a type or classification of drivers license to operate a motor vehicle of a type which is not normally available to examine an applicants ability to exercise ordinary and reasonable control of such a vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a:
(a) Past, present or prospective employer of the applicant; or
(b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,
in lieu of an actual demonstration.
4. The department may waive an examination pursuant to subsection 1 for a person applying for a Nevada drivers license who possesses a valid drivers license of the same type or class issued by another jurisdiction unless that person:
(a) Has not attained 25 years of age;
(b) Has had his license or privilege to drive a motor vehicle suspended, revoked or canceled or has been otherwise disqualified from driving during the immediately preceding 4 years;
(c) Is seeking to transfer a commercial drivers license;
κ1995 Statutes of Nevada, Page 112 (CHAPTER 92, SB 65)κ
(d) Has been convicted of the offense of driving a motor vehicle while under the influence of an intoxicating liquor, a controlled substance or chemical poison or organic solvent during the immediately preceding 7 years, or the violation of a law which prohibits the same or similar conduct;
(e) Has restrictions to his drivers license which the department must reevaluate to ensure the safe driving of a motor vehicle by that person;
(f) Has had three or more convictions of moving traffic violations on his driving record during the immediately preceding 4 years; or
(g) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of Parts 1325 and 1327 of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 117Committee on Finance
CHAPTER 93
AN ACT relating to the University and Community College System of Nevada; authorizing the financing of parking facilities with revenue bonds issued pursuant to chapter 501, Statutes of Nevada 1991; increasing the maximum amount authorized for those bonds; increasing the time within which those bonds may be issued; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 501, Statutes of Nevada 1991, at page 1558, is hereby amended to read as follows:
Sec. 4 Project means the construction, other acquisition, rehabilitation and improvement, or any combination thereof, of additional [student] :
1. Student housing and dining facilities required or desired by the university at the University of Nevada, Reno, and University of Nevada, Las Vegas [,] ; and
2. Parking facilities required or desired by the university at the University of Nevada, Reno, and University of Nevada, Las Vegas,
equipment and furnishings therefor, and other appurtenances relating thereto as specified in a resolution of the board adopted pursuant to this act.
Sec. 2. Section 5 of chapter 501, Statutes of Nevada 1991, at page 1558, is hereby amended to read as follows:
Sec. 5 1. The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
κ1995 Statutes of Nevada, Page 113 (CHAPTER 93, SB 117)κ
(a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding [$10,000,000] $12,000,000 for facilities at the University of Nevada, Reno, and in a total principal amount not exceeding [$10,000,000] $17,500,000 for facilities at the University of Nevada, Las Vegas;
(b) To issue such bonds and other securities in connection with the projects in one series or more at any time or from time to time within [5] 9 years after the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitation in paragraph (a);
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, proceeds of securities authorized by this act; and
(d) To exercise the incidental powers provided in this University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.
2. If the board determines to sell the bonds authorized by subsection 1 at a discount from their face amount, the principal amount of bonds which the board is authorized to issue provided in subsection 1 is increased by an amount equal to the discount at which the bonds are sold.
3. This act does not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 205Committee on Finance
CHAPTER 94
AN ACT making an appropriation to the University and Community College System of Nevada for scholarships for students; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $7,000,000 for scholarships for students.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1995 Statutes of Nevada, Page 114 (CHAPTER 94, SB 205)κ
reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Senate Bill No. 368Committee on Finance
CHAPTER 95
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $3,600,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 387Committee on Finance
CHAPTER 96
AN ACT making a supplemental appropriation to the department of employment, training and rehabilitation for personnel and operating expenses; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the department of employment, training and rehabilitation the sum of $59,500 for personnel and operating expenses required until the end of fiscal year 1995. This appropriation is supplemental to that made by section 25 of chapter 350, Statutes of Nevada 1993, at page 1121.
2. The money appropriated by subsection 1 must be reimbursed to the state general fund on or before June 30, 1996, from the department of employment, training and rehabilitation from money received from the Federal Government.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
κ1995 Statutes of Nevada, Page 115κ
Senate Bill No. 282Committee on Government Affairs
CHAPTER 97
AN ACT relating to the City of Reno; providing for judicial review of a disciplinary order of the civil service commission; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 9.280 of the charter of the City of Reno, as added by chapter 553, Statutes of Nevada 1973, at page 889, is hereby amended to read as follows:
[Section] Sec. 9.280 Disciplinary authority of commission [.] ; judicial review.
1. Verified charges may be filed with the commission setting forth cause for disciplinary action against any civil service employee by any resident of the city. The commission may conduct investigations and hold such hearings as it deems appropriate to determine the facts. If the commission finds the charges true it may order the suspension, dismissal or discipline of the employee.
2. The commission on its own initiative may conduct investigations and hearings with respect to violations of this article or [commission] rules of the commission and impose such sanctions as it deems appropriate.
3. Any person who is aggrieved by a final decision of the commission may petition for judicial review in the manner provided by chapter 233B of NRS.
________
Assembly Bill No. 19Committee on Taxation
CHAPTER 98
AN ACT relating to taxation; authorizing the proceeds from an optional tax on revenues from the rental of transient lodging that is imposed throughout certain counties to be used for a public transit system; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.33512 is hereby amended to read as follows:
244.33512 In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1 of NRS 244.3351:
1. The proceeds of the tax and any applicable penalty or interest must be:
(a) Remitted to the appropriate city if collected in the incorporated area of any city and not within any transportation district created by the county, or if collected in any transportation district created by a city; or
κ1995 Statutes of Nevada, Page 116 (CHAPTER 98, AB 19)κ
(b) Retained by the county if collected elsewhere, and used as provided in this section.
2. [If] Except as otherwise provided in subsection 3, if the county has created one or more transportation districts, it shall use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within 1 mile outside those boundaries if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;
(b) Payment of principal and interest on notes, bonds or other obligations issued by the county to fund projects described in paragraph (a); or
(c) Any combination of those uses.
3. In addition to those uses set forth in subsection 2, if a county has created one or more transportation districts and all or any portion of those districts are located in an area that is governed by an interstate compact entered into by this state and a state that borders this state, the county may use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of establishing, operating and maintaining a public transit system within the boundaries of the district, or outside those boundaries if the governing body finds that such a system outside the boundaries of the district will facilitate transportation within the district, or both.
4. Any part of the money retained which is collected in the unincorporated area of the county and not within any transportation district created by the county or a city must be used for the same purposes within the unincorporated area of the county or within 1 mile outside that area if the board of county commissioners finds that such projects outside that area will facilitate transportation within that area.
5. As used in this section, public transit system means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, that is operated for the conveyance of members of the general public.
Sec. 2. NRS 268.446 is hereby amended to read as follows:
268.446 1. [A] Except as otherwise provided in subsection 2, a city that has created one or more transportation districts shall use any part of the money received pursuant to the provisions of NRS 244.3351 which is collected within the boundaries of a transportation district to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within 1 mile outside those boundaries if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;
κ1995 Statutes of Nevada, Page 117 (CHAPTER 98, AB 19)κ
(b) Payment of principal and interest on notes, bonds or other obligations issued by the city to fund projects described in paragraph (a); or
(c) Any combination of those uses.
2. In addition to those uses set forth in subsection 1, if a city has created one or more transportation districts and all or any portion of those districts is located in an area that is governed by an interstate compact entered into by this state and a state that borders this state, the city may use any part of the money received pursuant to the provisions of NRS 244.3351 which is collected within the boundaries of a transportation district to pay the cost of establishing, operating and maintaining a public transit system within the boundaries of the district, or outside those boundaries if the governing body finds that such a system outside the boundaries of the district will facilitate transportation within the district, or both.
3. A city shall use any part of the money received from such a tax which is not collected within the boundaries of a transportation district for the same purposes within the incorporated boundaries of the city or within 1 mile outside those boundaries if the governing body finds that such projects outside those boundaries will facilitate transportation within the incorporated area.
4. As used in this section, public transit system means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, that is operated for the conveyance of members of the general public.
Sec. 3. The approval by the voters on November 3, 1992, of Question No. 2, concerning transportation, on the 1992 general election ballot for Douglas County shall be deemed to constitute approval by the voters of the tax authorized by the provisions of NRS 244.3351, and of the uses of that tax that are set forth in NRS 244.33512, as amended by this act. No other approval by the voters is required for the imposition and use of that tax in Douglas County, including its incorporated cities, at the rate of 1 percent of the gross receipts from the rental of transient lodging.
Sec. 4. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 118κ
Senate Bill No. 176Committee on Natural Resources
CHAPTER 99
AN ACT relating to wildlife; allowing the board of wildlife commissioners to adopt regulations authorizing the practice of falconry or the hunting, trapping, possession, sale or training of certain birds of prey without a license or permit; repealing the provisions which prohibit the holder of a scientific collecting permit or a falconry license from killing certain rare and endangered species; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 503.582 is hereby amended to read as follows:
503.582 [It] Except as otherwise provided in this section, it is unlawful for any person to hunt, trap, possess or sell any species, native or otherwise, of owl, hawk or other birds of prey, including all raptors or the parts thereof, without first obtaining a permit from the division. The commission may [establish regulations covering] adopt regulations:
1. Covering the hunting, trapping, possession or sale [thereof.] of any of those species.
2. Authorizing a person to hunt, trap, possess or sell any of those species without obtaining a permit pursuant to the provisions of this section.
Sec. 2. NRS 503.583 is hereby amended to read as follows:
503.583 1. [Any] Except as otherwise provided in this section, any person who practices falconry or trains birds of prey must obtain a falconry license [for that purpose] from the division upon payment of a license fee as provided in NRS 502.240.
2. The licensee, under permit, may obtain from the wild only two birds per year. All such birds of prey must be banded in accordance with [commission regulation.] regulations adopted by the commission.
3. Birds of prey may not be taken, captured or disturbed during the months in which they breed.
4. This section does not prohibit the capture or killing of a hawk or an owl by holders of scientific collecting permits . [, except that rare and endangered species must not be killed by holders of scientific collecting permits or holders of licenses issued pursuant to this section.]
5. The commission may adopt regulations authorizing a person to practice falconry or train birds of prey without obtaining a falconry license pursuant to the provisions of subsection 1.
________
κ1995 Statutes of Nevada, Page 119κ
Senate Bill No. 124Senator McGinness
CHAPTER 100
AN ACT relating to state employees; prohibiting deductions from the salaries of state employees for certain service as a volunteer during working hours; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.357 is hereby amended to read as follows:
284.357 All employees, whether in the classified or in the unclassified service of the State of Nevada, [shall] must be paid their salaries as fixed by law without diminution on account of any time spent away from [such] state employment while acting as [volunteer] :
1. Volunteer firemen of any regular organized and recognized fire department in the protection of life or property ;
2. Volunteer emergency medical technicians certified pursuant to chapter 450B of NRS; or
3. Volunteer reserve members of a police department or a sheriffs office, during working hours or fractions thereof which should otherwise have been devoted to state employment.
________
Assembly Bill No. 178Assemblyman Marvel
CHAPTER 101
AN ACT relating to mining claims; authorizing the locators of certain lode mining claims to remove durable plastic pipe used to define the boundaries of the claims and to replace the pipe with valid legal monuments; revising the specifications for the preparation of maps required for certain mining claims; and providing other matters properly relating thereto.
[Approved May 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 517.030 is hereby amended to read as follows:
517.030 1. Within 60 days after posting the notice of location, the locator of a lode mining claim shall distinctly define the boundaries of the claim by placing a valid legal monument at each corner of the claim. A valid legal monument may be created by:
(a) Removing the top of a tree [(having] , which has a diameter of not less than 4 inches , [)] not less than 3 feet above the ground, and blazing and marking it;
(b) Capping a rock in place with smaller stones so that the rock and stones have a height of not less than 3 feet; or
κ1995 Statutes of Nevada, Page 120 (CHAPTER 101, AB 178)κ
(c) Setting a wooden or metal post or a stone.
2. If a wooden post is used, the dimensions of the post must be at least 1 1/2 inches by 1 1/2 inches by 4 feet, and the post must be set 1 foot in the ground.
3. If a metal post is used, the post must be at least 2 inches in diameter by 4 feet in length, and it must be set 1 foot in the ground. If the metal post is hollow and:
(a) Is not set before [the] March 16, 1993, the post must be securely capped.
(b) Was set before March 16, 1993, the post must be securely capped on or before August 31, 1995.
4. If it is practically impossible, because of bedrock or precipitous ground, to sink a post, it may be placed in a mound of earth or stones. If the proper placing of a monument is impracticable or dangerous to life or limb, the monument may be placed at the nearest point properly marked to designate its right place.
5. If a stone is used [(] which is not a rock in place , [),] the stone must be not less than 6 inches in diameter and 18 inches in length, and it must be set with two-thirds of its length in the top of a mound of earth or stone 3 feet in diameter and 2 1/2 feet in height.
6. Durable plastic pipe that was set before March 16, 1993, for the purpose of defining the boundaries of a lode mining claim shall be deemed to constitute a valid legal monument if the pipe is at least 3 inches in diameter by 4 feet in length, and the pipe is set 1 foot in the ground.
7. The locator of a lode mining claim located before March 16, 1993, or his successor in interest, may remove the durable plastic pipe described in subsection 6 and replace the monument of location and the corner monuments with valid legal monuments in the manner prescribed pursuant to subsection 1. The locator or his successor in interest is not required to replace a monument located at the center of a side line. Within 60 days after the replacement, the locator of the lode mining claim, or his successor in interest, shall record a notice of remonumentation with the county recorder of the county in which the claim is located and pay the fee required by NRS 247.305. The notice must contain:
(a) The name of the claim;
(b) The book and page number or the document number of the certificate of location or the most recent amendment to the certificate of location;
(c) The book and page number or the document number of the map filed pursuant to NRS 517.040; and
(d) A description of the monument used to replace each monument that is removed.
The notice may include more than one claim.
8. The replacement of durable plastic pipe or the recording of a notice pursuant to subsection 7 does not:
(a) Amend or otherwise affect the legal validity of the claim for which the monuments were created;
(b) Modify the date of location of the claim; or
(c) Require the filing of an additional or amended map pursuant to NRS 517.040.
κ1995 Statutes of Nevada, Page 121 (CHAPTER 101, AB 178)κ
Sec. 2. Section 2 of chapter 10, Statutes of Nevada 1993, at page 25, is hereby amended to read as follows:
Sec. 2. NRS 517.030 is hereby amended to read as follows;
517.030 1. Within 60 days after posting the notice of location, the locator of a lode mining claim shall distinctly define the boundaries of the claim by placing a valid legal monument at each corner of the claim. A valid legal monument may be created by:
(a) Removing the top of a tree, which has a diameter of not less than 4 inches, not less than 3 feet above ground, and blazing and marking it;
(b) Capping a rock in place with smaller stones so that the rock and stones have a height of not less than 3 feet; or
(c) Setting a wooden or metal post or a stone.
2. If a wooden post is used, the dimensions of the post must be at least 1 1/2 inches by 1 1/2 inches by 4 feet, and the post must be set 1 foot in the ground.
3. If a metal post is used, the post must be at least 2 inches in diameter by 4 feet in length, and it must be set 1 foot in the ground. If the metal post is hollow [and:
(a) Is not set before March 16, 1993, the post] , it must be securely capped.
[(b) Was set before March 16, 1993, the post must be securely capped on or before August 31, 1995.]
4. If it is practically impossible, because of bedrock or precipitous ground, to sink a post, it may be placed in a mound of earth or stones. If the proper placing of a monument is impracticable or dangerous to life or limb, the monument may be placed at the nearest point properly marked to designate its right place.
5. If a stone is used which is not a rock in place, the stone must be not less than 6 inches in diameter and 18 inches in length, and it must be set with two-thirds of its length in the top of a mound of earth or stone 3 feet in diameter and 2 1/2 feet in height.
6. Durable plastic pipe that was set before March 16, 1993, for the purpose of defining the boundaries of a lode mining claim shall be deemed to constitute a valid legal monument if [the] :
(a) The pipe is at least 3 inches in diameter by 4 feet in length, and the pipe is set 1 foot in the ground [.] ; and
(b) The pipe is securely capped with no open perforations.
7. The locator of a lode mining claim located before March 16, 1993, or his successor in interest, may remove the durable plastic pipe described in subsection 6 and replace the monument of location and the corner monuments with valid legal monuments in the manner prescribed pursuant to subsection 1. The locator or his successor in interest is not required to replace a monument located at the center of a side line. Within 60 days after the replacement, the locator of the lode mining claim, or his successor in interest, shall record a notice of remonumentation with the county recorder of the county in which the claim is located and pay the fee required by NRS 247.305. The notice must contain:
κ1995 Statutes of Nevada, Page 122 (CHAPTER 101, AB 178)κ
(a) The name of the claim;
(b) The book and page number or the document number of the certificate of location or the most recent amendment to the certificate of location;
(c) The book and page number or the document number of the map filed pursuant to NRS 517.040; and
(d) A description of the monument used to replace each monument that is removed.
The notice may include more than one claim.
8. The replacement of durable plastic pipe or the recording of a notice pursuant to subsection 7 does not:
(a) Amend or otherwise affect the legal validity of the claim for which the monuments were created;
(b) Modify the date of location of the claim; or
(c) Require the filing of an additional or amended map pursuant to NRS 517.040.
Sec. 3. If, before the effective date of this act, the locator of a lode mining claim located before March 16, 1993, or his successor in interest, removes and replaces durable plastic pipe in the manner described in NRS 517.030, as amended by section 1 of this act, the locator or his successor in interest may, within 60 days after the effective date of this act, record a notice of remonumentation as provided in that section. The recording of a notice pursuant to the provisions of this section does not amend or otherwise affect the legal validity of the claim for which the notice is recorded.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 107Assemblymen Buckley, Manendo, Bache, Nolan, de Braga, Giunchigliani, Evans, Tiffany, Price, Allard, Batten, Monaghan, Sandoval, Freeman, Chowning, Harrington, Krenzer, Williams, Arberry, Brower, Schneider, Steel, Spitler, Perkins, Ohrenschall, Carpenter, Tripple, Lambert, Hettrick, Stroth, Goldwater, Segerblom, Dini, Neighbors, Close, Fettic, Ernaut, Marvel and Anderson
CHAPTER 102
AN ACT relating to the state personnel system; providing an exemption from the annual limitation on hours for persons employed temporarily by the University and Community College System of Nevada at a museum or research center of the system or to provide necessary assistance to disabled or academically disadvantaged students; and providing other matters properly relating thereto.
[Approved May 17, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.325 is hereby amended to read as follows:
284.325 1. The director shall adopt regulations not inconsistent with this section for the certification of qualified persons for temporary service.
κ1995 Statutes of Nevada, Page 123 (CHAPTER 102, AB 107)κ
2. Except as otherwise provided in subsection 3, temporary positions which occur, terminate or recur periodically must be filled by certification in accordance with the regulations established by the director.
3. An agency may appoint persons temporarily for less than 160 cumulative hours during any calendar year without regard to the regulations adopted by the director pursuant to subsection 1.
4. The limitation on hours set forth in subsection 3 does not apply to temporary or part-time service by:
(a) A pupil attending his last 2 years of high school;
(b) A student employed by the college or university he attends;
(c) A person certified for temporary service in accordance with NRS 284.327;
(d) An employee of an events center , museum or research center of the University and Community College System of Nevada; [or]
(e) A person employed by the University and Community College System of Nevada in a temporary position which recurs periodically for the registration of students [.] ; or
(f) A person employed by the University and Community College System of Nevada to provide such assistance to a student with a disability or to a student with an identified academic disadvantage as it determines is necessary for the academic success of the student, including, without limitation, a person employed as a tutor, note taker, reader, sign interpreter or test proctor.
5. The acceptance or refusal by an eligible person of a temporary appointment does not affect his standing on the register for permanent employment, nor may the period of temporary service be counted as part of the probationary period in case of subsequent appointment to a permanent position.
6. Successive temporary appointments to the same position must not be made under this section.
7. As used in this section, student with an identified academic disadvantage includes, without limitation, a student who the University and Community College System of Nevada has determined requires the services of a tutor for success in a course of study.
Sec. 2. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 124κ
Assembly Bill No. 139Committee on Government Affairs
CHAPTER 103
AN ACT relating to counties; revising the provisions governing the expenditure of money by certain counties to encourage the preservation of certain species of wildlife; and providing other matters properly relating thereto.
[Approved May 17, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.386 is hereby amended to read as follows:
244.386 1. In a county whose population is 400,000 or more and in which exists a species or subspecies of wildlife that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended, the board of county commissioners may by ordinance establish, control, manage and operate an area or zone for the preservation of wildlife habitat. In addition, the board, in cooperation with the responsible state and federal agencies, may encourage in any other manner the preservation of [the] those species or subspecies [,] or any candidate species of wildlife in the county, including the expenditure for this purpose of money collected pursuant to subsection 2 or the participation in an agreement made pursuant to NRS 503.589. The board may purchase, exchange or lease real property, personal property, water rights, grazing permits and other interests in such property for this purpose. If any such property, rights or other interests are purchased from a nonprofit organization, the board of county commissioners may reimburse the organization for its cost of acquisition, not to exceed its appraised value, and any interest, carrying costs, direct expenses and reasonable overhead charges.
2. The board of county commissioners may, by ordinance, impose a reasonable fee of not more than [$1,000] $750 per acre on the construction of a structure or the grading of land in the unincorporated areas of the county for the expense of carrying out the provisions of subsection 1. The fee must be collected at the same time and in the same manner as the fee for the issuance of a building permit collected pursuant to NRS 278.580.
3. If a fee is imposed pursuant to subsection 2, the board of county commissioners shall create an enterprise fund exclusively for fees collected pursuant to subsection 2. Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. The money in the fund may only be used to pay the actual direct costs of the program or programs established pursuant to subsection 1 for providing for the [protection] preservation of an endangered or threatened species or subspecies of wildlife [as identified in subsection 1.] or a candidate species of wildlife.
4. As used in this section, candidate species of wildlife means a species of wildlife for which a petition is pending before the Secretary of the Interior or the Secretary of Commerce to add the species, pursuant to 16 U.S.C. § 1533, to the list of endangered species or list of threatened species, if the Secretary of the Interior or the Secretary of Commerce:
κ1995 Statutes of Nevada, Page 125 (CHAPTER 103, AB 139)κ
(a) Has published his finding that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted; and
(b) Has not published:
(1) His finding that the petitioned action is not warranted;
(2) A final regulation to carry out his finding that the petitioned action is warranted; or
(3) Notice of the withdrawal of a regulation to carry out his finding that the petitioned action is warranted.
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Senate Bill No. 134Committee on Transportation
CHAPTER 104
AN ACT relating to missing persons; revising the period during which a law enforcement agency must transmit information concerning certain missing persons to the investigation division of the department of motor vehicles and public safety; and providing other matters properly relating thereto.
[Approved May 17, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.245 is hereby amended to read as follows:
481.245 1. When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall have a dental examination of the body made by a dentist. The dentist shall prepare a record of his findings and forward it to the investigation division.
2. Each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years or older shall:
(a) Transmit [all available information concerning the missing person] to the investigation division [within 5 working days after it receives the report;] :
(1) The initial report that contains identifying information concerning the missing person within 72 hours after the receipt of that report; and
(2) Any subsequent report concerning the missing person within 5 working days after the receipt of that report if the report contains additional identifying information concerning the missing person;
(b) Notify immediately such persons and make inquiries concerning the missing person as the agency deems necessary; and
(c) Enter the information concerning the missing person into the computer for the National Crime Information Center, if appropriate.
3. The sheriff, chief of police or other law enforcement agency may request the written consent of the next of kin or guardian of a person who has been reported to him as missing for 30 days or more to obtain the dental records of the missing person from that persons dentist. After receiving the written consent, the sheriff, chief of police or other law enforcement agency shall obtain the dental records from the dentist and forward them and any other relevant information to the investigation division for comparison with the dental records of unidentified deceased persons.
κ1995 Statutes of Nevada, Page 126 (CHAPTER 104, SB 134)κ
shall obtain the dental records from the dentist and forward them and any other relevant information to the investigation division for comparison with the dental records of unidentified deceased persons. This subsection does not prevent the voluntary release of the missing persons dental records by the next of kin or guardian of the missing person at any time.
4. The next of kin or guardian of the person reported as missing shall promptly notify the appropriate law enforcement agency when the missing person is found.
5. The sheriff, chief of police or other law enforcement agency shall inform the investigation division and the National Crime Information Center when a missing person has been found.
6. The investigation division shall maintain the records and other information forwarded to it pursuant to subsections 1, 2 and 3 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies.
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Senate Bill No. 317Committee on Judiciary
CHAPTER 105
AN ACT relating to crimes; expressly providing that a mother may breast feed her child in a public or private location; expressly providing that breast feeding does not violate certain statutes pertaining to decency and morals; and providing other matters properly relating thereto.
[Approved May 17, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The legislature finds and declares that:
(a) The medical profession in the United States recommends that children from birth to the age of 1 year should be breast fed, unless under particular circumstances it is medically inadvisable.
(b) Despite the recommendation of the medical profession, statistics reveal a declining percentage of mothers who are choosing to breast feed their babies.
(c) Many new mothers are now choosing to use formula rather than to breast feed even before they leave the hospital, and only a small percentage of all mothers are still breast feeding when their babies are 6 months old.
(d) In addition to the benefit of improving bonding between mothers and their babies, breast feeding offers better nutrition, digestion and immunity for babies than does formula feeding, and it may increase the intelligence quotient of a child. Babies who are breast fed have lower rates of death, meningitis, childhood leukemia and other cancers, diabetes, respiratory illnesses, bacterial and viral infections, diarrheal diseases, otitis media, allergies, obesity and developmental delays.
κ1995 Statutes of Nevada, Page 127 (CHAPTER 105, SB 317)κ
(e) Breast feeding also provides significant benefits to the health of the mother, including protection against breast cancer and other cancers, osteoporosis and infections of the urinary tract. The incidence of breast cancer in the United States might be reduced by 25 percent if every woman breast fed all her children until they reached the age of 2 years.
(f) The World Health Organization and the United Nations Childrens Fund have established as one of their major goals for the decade the encouragement of breast feeding.
(g) The social constraints of modern society weigh against the choice of breast feeding and lead new mothers with demanding time schedules to opt for formula feeding to avoid embarrassment, social ostracism or criminal prosecution.
(h) Any genuine promotion of family values should encourage public acceptance of this most basic act of nurture between a mother and her baby, and no mother should be made to feel incriminated or socially ostracized for breasting feeding her child.
2. Notwithstanding any other provision of law, a mother may breast feed her child in any public or private location where the mother is otherwise authorized to be, irrespective of whether the nipple of the mothers breast is uncovered during or incidental to the breast feeding.
Sec. 2. NRS 201.210 is hereby amended to read as follows:
201.210 1. Every person who commits any act of open or gross lewdness is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
2. [No] A person convicted of violating the provisions of subsection 1 [may] must not be:
(a) Paroled unless a board consisting of:
(1) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(2) The director of the department of prisons; and
(3) A psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this paragraph, the administrator and the director may each designate a person to represent him on the board.
(b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
3. For purposes of this section, the breast feeding of a child by the childs mother does not constitute an act of open or gross lewdness.
Sec. 3. NRS 201.220 is hereby amended to read as follows:
201.220 1. Every person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:
κ1995 Statutes of Nevada, Page 128 (CHAPTER 105, SB 317)κ
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
2. [No] A person convicted of violating any of the provisions of subsection 1 of this section [may] must not be:
(a) Paroled unless a board consisting of:
(1) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(2) The director of the department of prisons; and
(3) A psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this paragraph, the administrator and the director may each designate a person to represent him on the board.
(b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
3. For purposes of this section, the breast feeding of a child by the childs mother does not constitute an act of open and indecent or obscene exposure of her body.
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Senate Bill No. 277Senator O Connell
CHAPTER 106
AN ACT relating to administrative procedure; making various changes relating to the adoption and amendment of administrative rules and regulations; and providing other matters properly relating thereto.
[Approved May 17, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The state board of parole commissioners.
(h) The welfare division of the department of human resources.
κ1995 Statutes of Nevada, Page 129 (CHAPTER 106, SB 277)κ
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
(j) Except as otherwise provided in NRS 533.365, the office of the state engineer.
2. Except as otherwise provided in NRS 391.323, the department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. [The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.
4.] The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;
(b) Chapters 616 and 617 of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
[5.] 4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
[6.] 5. The provisions of this chapter do not apply to
(a) Any order for immediate action, including, but not limited to , quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
Sec. 2. NRS 233B.050 is hereby amended to read as follows:
233B.050 1. In addition to other regulation-making requirements imposed by law, each agency shall:
(a) Adopt rules of practice, setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency.
(b) Make available for public inspection all regulations adopted or used by the agency in the discharge of its functions and that part of the Nevada Administrative Code which contains its regulations.
(c) Make available for public inspection all final orders, decisions and opinions except those expressly made confidential or privileged by statute.
(d) Review its rules of practice at least once every [6] 3 years and file with the secretary of state a statement setting forth the date on which the most recent review of those rules was completed and describing any revisions made as a result of the review.
κ1995 Statutes of Nevada, Page 130 (CHAPTER 106, SB 277)κ
recent review of those rules was completed and describing any revisions made as a result of the review.
2. No agency regulation, rule, final order or decision is valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been made available for public inspection as required in this section, except that this provision does not apply in favor of any person or party who has actual knowledge thereof.
Sec. 3. NRS 233B.060 is hereby amended to read as follows:
233B.060 1. Except as otherwise provided in subsection 2 and in NRS 233B.061, before adopting, amending or repealing any permanent or temporary regulation, the agency [shall] must give at least 30 days notice of its intended action, unless a shorter period of notice is specifically permitted by statute.
2. [If] Except as otherwise provided in subsection 3, if an agency has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt , after providing a second notice and the opportunity for a hearing, a [substantively equivalent] permanent regulation , [without further notice or hearing,] but the language of the permanent regulation must first be approved or revised by the legislative counsel and the adopted regulation is subject to review by the legislative commission.
3. If the public service commission of Nevada has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt a substantively equivalent permanent regulation without further notice or hearing, but the language of the permanent regulation must first be approved or revised by the legislative counsel and the adopted regulations is subject to review by the legislative commission.
Sec. 4. NRS 233B.0603 is hereby amended to read as follows:
233B.0603 1. The notice of intent to act upon a regulation must:
(a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.
(b) State each address at which the text of the proposed regulation may be inspected and copied.
(c) Include an exact copy of the provisions of subsection 2 of NRS 233B.064.
(d) Include a statement indicating whether the regulation establishes any new fee or increases an existing fee.
(e) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the agency for such purpose.
2. The attorney general may by regulation prescribe the form of notice to be used, which must be distributed to each recipient of the agencys regulations. The agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regulation.
Sec. 5. NRS 233B.0607 is hereby amended to read as follows:
233B.0607 1. The agency shall at the time of giving the notice [deposit] :
κ1995 Statutes of Nevada, Page 131 (CHAPTER 106, SB 277)κ
(a) Deposit one copy of the notice and text of the proposed regulation with the state librarian [, and keep] ;
(b) Keep at least one copy of the notice and text available in each of its [office] offices from the date of the notice to the date of the hearing, for inspection and copying by the public [.] ; and
(c) If the agency does not maintain an office in a county, deposit one copy of the notice and text with the librarian of the main public library in the county.
2. The text of the proposed regulation so disseminated must include the entire text of any section of the Nevada Administrative Code which is proposed for amendment or repeal.
3. After the final draft or revision of an adopted regulation is received [the state] each such librarian may discard the deposited copy of the proposed regulation.
Sec. 6. NRS 233B.0613 is hereby amended to read as follows:
233B.0613 1. If an agency [finds] determines that an emergency exists, [and this finding is concurred in by the governor] it shall submit to the governor a written statement of the emergency which sets forth the reasons for the determination. If the governor endorses the statement of the emergency by written endorsement at the end of the full text of the statement of emergency on the original copy of a proposed regulation, [a] the regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state. The statement of the emergency endorsed by the governor must be included as a part of the regulation for all purposes. A copy of the regulation must also be filed with the legislative counsel bureau. A regulation so adopted may be effective for a period of not longer than 120 days. A regulation may be adopted by this emergency procedure only once.
2. If an agency adopts , after providing notice and the opportunity for a hearing as required in this chapter, a permanent or temporary regulation which becomes effective and is substantially identical to its effective emergency regulation, the emergency regulation expires automatically on the effective date of the temporary or permanent regulation.
Sec. 7. NRS 233B.066 is hereby amended to read as follows:
233B.066 Each adopted regulation which is [filed with the secretary of state] submitted to the legislative counsel bureau pursuant to NRS 233B.067 must be accompanied by a statement concerning the regulation which contains the following information:
1. A description of how public comment was solicited, a summary of the public response, and an explanation how other interested persons may obtain a copy of the summary.
2. The number of persons who:
(a) Attended each hearing;
(b) Testified at each hearing; and
(c) Submitted to the agency written statements.
3. A description of how comment was solicited from affected businesses, a summary of their response, and an explanation how other interested persons may obtain a copy of the summary.
κ1995 Statutes of Nevada, Page 132 (CHAPTER 106, SB 277)κ
[3.] 4. If the regulation was adopted without changing any part of the proposed regulation, a summary of the reasons for adopting the regulation without change.
[4.] 5. The estimated economic effect of the regulation on the business which it is to regulate and on the public. There must be stated separately, and in each case must include:
(a) Both adverse and beneficial effects; and
(b) Both immediate and long-term effects.
[5.] 6. The estimated cost to the agency for enforcement of the proposed regulation.
[6.] 7. A description of any regulations of other state or government agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulation, the name of the regulating federal agency.
8. If the regulation includes provisions which are more stringent than a federal regulation which regulates the same activity, a summary of such provisions.
9. If the regulation provides a new fee or increases an existing fee, the total annual amount the agency expects to collect and the manner in which the money will be used.
Sec. 8. NRS 233B.067 is hereby amended to read as follows:
233B.067 1. After adopting a regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and an original and four copies of each regulation adopted, except an emergency regulation or a temporary regulation, to the director of the legislative counsel bureau for review by the legislative commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority under which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The director shall have endorsed on the original and duplicate copies of each adopted regulation the date of their receipt and shall maintain one copy of the regulation in a file and available for public inspection for 2 years.
2. If an agency submits an adopted regulation to the director of the legislative counsel bureau pursuant to subsection 1 which:
(a) The agency is required to adopt pursuant to a federal statute or regulation; and
(b) Exceeds the agencys specific statutory authority or sets forth requirements that are more stringent than a statute of this state,
it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.
3. The legislative commission or the joint interim committee if the commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting and a regular meeting is held within 35 days after receipt of the regulation. The commission may appoint a committee composed of three or more members of the commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.
κ1995 Statutes of Nevada, Page 133 (CHAPTER 106, SB 277)κ
committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.
[3.] 4 The legislative commission shall notify the director of the results of its review within 30 days after receipt of the regulation from the agency. If the commission does not object to the regulation [,] on the basis that the regulation does not conform to the statutory authority under which it was adopted or that it does not carry out the intent of the legislature in granting that authority, the director shall file it with the secretary of state within 35 days after receipt from the agency and notify the agency of the filing. If the commission determines that the regulation is not required pursuant to a federal statute or regulation, if subsection 2 is applicable, or does not conform to statutory authority or carry out legislative intent, the director shall attach to the regulation a written notice of the commissions objection, including a statement of the reasons for its objection, and shall promptly return the regulation to the agency. The director shall file the regulation with the secretary of state within 35 days after receipt from the agency if the agency does not notify the director in writing before that date of its intent to revise the regulation. If the agency notifies the director that it intends to revise the regulation as recommended, the director shall file the regulation with the secretary of state within 10 days after receipt of the revised regulation.
5. If the division fails to file the regulation as required by this section, the agency may file the regulation with the secretary of state.
Sec. 9. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A permanent regulation becomes effective upon filing with the secretary of state [of] the original of the final draft or revision of a regulation , [by the director of the legislative counsel bureau,] except where [:
(a) A statute prescribes a specific time when the regulation becomes effective; or
(b) A] a later date is specified in the regulation.
2. A temporary or emergency regulation becomes effective upon filing with the secretary of state of the original of the final draft or revision of a regulation by the agency [.] , together with the informational sheet prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary or emergency regulation with the legislative counsel bureau [.] , together with the informational sheet prepared pursuant to NRS 233B.066.
3. The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.
4. The secretary of state shall file, with the original of each agencys rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
5. Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the secretary of state indicating that it has been filed, including material adopted by reference which is not already filed with the state librarian, to the state librarian for use by the public. If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the secretary of state, to the legislative committee on health care within 10 days after the regulation is filed with the secretary of state.
κ1995 Statutes of Nevada, Page 134 (CHAPTER 106, SB 277)κ
facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the secretary of state, to the legislative committee on health care within 10 days after the regulation is filed with the secretary of state.
6. Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.
7. An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.
Sec. 10. NRS 501.118 is hereby amended to read as follows:
501.118 Whenever the commission is required to publish any official order or regulation regarding open or closed seasons, bag limits or hours, it shall publish once in each case, in a newspaper of general circulation in the State of Nevada or in the locality to which the order or regulation applies [:
1. A] a notice of intention to establish [such] the order or regulation at an open meeting to be held on a date no sooner than 10 days following [such publication; and
2. Upon the establishment of such order or regulation a notice of that fact, which publication date shall become the effective date of such order or regulation, unless otherwise provided in such order or regulation.] the publication.
Sec. 11. NRS 628.160 is hereby amended to read as follows:
628.160 1. The board may [promulgate] by regulation adopt and amend rules of professional conduct appropriate to establish and maintain a high standard of quality, integrity and dignity in the profession of public accountancy.
2. [At] In addition to the requirements of chapter 233B of NRS, the board shall, at least 60 days before the [promulgation] adoption of any such rule or amendment, [the board shall] mail copies of the proposed rule or amendment to each holder of a live permit issued [under] pursuant to NRS 628.380, to the address shown in the records of the board, together with a notice advising him of the date, time and place of the hearing on the proposed rule or amendment and [the proposed effective date of the rule or amendment, and] requesting that he submit his comments thereon at least 15 days before the hearing. The comments are advisory only. Failure by inadvertence or error to mail the rule, amendment or notice to each holder of a permit does not affect the validity of any rule or amendment if the board has made an effort in good faith to mail the notice to all holders of permits.
3. The board may adopt regulations concerning the professional conduct of corporations and partnerships practicing certified public accounting or public accounting which it deems consistent with or required by the public welfare, including regulations:
κ1995 Statutes of Nevada, Page 135 (CHAPTER 106, SB 277)κ
(a) Governing the style, name and title of such corporations and partnerships.
(b) Governing the affiliation of such corporations and partnerships with any other organizations.
Sec. 12. This act becomes effective upon passage and approval.
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Senate Bill No. 346Committee on Finance
CHAPTER 107
AN ACT making a supplemental appropriation to the department of administration for personnel expenses of the office of internal audits; and providing other matters properly relating thereto.
[Approved May 22, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of administration the sum of $4,000 for personnel expenses of the office of internal audits. This appropriation is supplemental to that made by section 8 of chapter 350, Statutes of Nevada 1993, at page 1114.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
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Senate Bill No. 284Committee on Judiciary
CHAPTER 108
AN ACT relating to civil actions; clarifying the provisions governing the representation of certain entities in small claims court; and providing other matters properly relating thereto.
[Approved May 22, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 73 of NRS is hereby amended by adding thereto a new section to read as follows:
A corporation, partnership, business trust, estate, trust, association or any other nongovernmental legal or commercial entity may be represented by its director, officer or employee in an action mentioned or covered by this chapter.
Sec. 2. This act becomes effective upon passage and approval.
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κ1995 Statutes of Nevada, Page 136κ
Senate Bill No. 91Senator Augustine
CHAPTER 109
AN ACT relating to the duplication of records; clarifying that a duplicate of a writing, recording or photograph to be admitted into evidence includes a counterpart produced by an optical imaging system; authorizing a mortgage company to maintain copies of records related to its financial condition; revising the manner in which state banks are allowed to keep duplicate records; allowing a copy of certain evidence of an installment loan to be marked as being paid or canceled upon the repayment of the loan; and providing other matters properly relating thereto.
[Approved May 22, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 52.195 is hereby amended to read as follows:
52.195 Duplicate means a counterpart produced:
1. By the same impression as the original;
2. From the same matrix;
3. By means of photography, including enlargements and miniatures;
4. By mechanical or electronic rerecording [;] , including a counterpart produced by an optical imaging system;
5. By chemical reproduction; or
6. By any other equivalent technique designed to [insure] ensure an accurate reproduction of the original.
Sec. 2. NRS 645B.080 is hereby amended to read as follows:
645B.080 1. All mortgage companies shall keep and maintain at all times in their places of business in this state complete and suitable records of all mortgage transactions made by them at that location, together with all original books, papers and data , or copies thereof, clearly reflecting the financial condition of the business of such companies.
2. Each mortgage company shall submit to the commissioner each month a report of the companys activity for the previous month. The report must:
(a) Specify the volume of loans arranged by the company for the month or state that no loans were arranged in that month;
(b) Include such other information as the commissioner by regulation requires; and
(c) Be submitted to the commissioner by the 15th day of the month following the month for which the report is made.
3. The commissioner may adopt regulations prescribing accounting procedures for mortgage companies handling trust accounts and the requirements for keeping records relating thereto.
Sec. 3. NRS 665.165 is hereby amended to read as follows:
665.165 1. Every state bank shall retain its business records for such periods as are or may be prescribed by or in accordance with the terms of this section.
2. Each state bank shall retain permanently the minute books of meetings of its stockholders and directors, its capital stock ledger and capital stock certificate ledger or stubs, its general ledger, its investment ledger, its copies of bank examination reports, and all records which the commissioner in accordance with this section requires to be retained permanently.
κ1995 Statutes of Nevada, Page 137 (CHAPTER 109, SB 91)κ
of bank examination reports, and all records which the commissioner in accordance with this section requires to be retained permanently.
3. All other bank records must be retained for such periods as the commissioner may in accordance with this section prescribe.
4. The commissioner shall, from time to time, issue regulations classifying all records kept by state banks and prescribe the period for which records in each class must be retained. Such periods may be permanent or for a lesser term of years. The commissioner shall keep such regulations current and shall revise them at least once every 3 years. In issuing and revising such regulations, the commissioner shall consider:
(a) Actions at law and administrative proceedings in which the production of bank records might be necessary or desirable.
(b) State and federal statutes of limitation applicable to such actions or proceedings.
(c) The availability of information contained in bank records from other sources.
(d) Such other matters as the commissioner considers pertinent in order that his regulations will require banks to retain their records for as short a period as is commensurate with the interests of bank customers and shareholders and of the people of this state in having bank records available.
5. Any state bank may dispose of any record which has been retained for the period prescribed by or in accordance with the terms of this section for retention of records of its class, and shall thereafter be under no duty to produce such record in any action or proceeding.
6. Any state bank may cause any or all records required to be kept pursuant to this section to be reproduced by the microphotographic process [and any] , optical disk imaging or any other equivalent technique designed to ensure an accurate reproduction of the original. Any such reproduction has the same effect as the original. Upon completion of such a [microphotographic] duplication, the original of any record may be destroyed.
7. To the extent that they are not in contravention of any law of the United States, the provisions of this section apply to all banks doing business in this state.
Sec. 4. NRS 675.360 is hereby amended to read as follows:
675.360 Every licensee shall:
1. Deliver to the borrower, or if more than one, to one of them, at the time of making a loan under this chapter a copy of the loan obligation or, in lieu thereof, a statement showing in clear and distinct terms the date of the loan, the amount of the obligation, the date of its maturity, if there is one, the nature of the security, if any, for the loan, the name and address of the borrower and of the licensee, and the description or schedule of payments on that loan.
2. Except as otherwise provided for loans for an indefinite term in NRS 675.369, give to the person making any cash payment on account of any loan a receipt at the time that payment is made, showing the balance due, if any, after application of that payment. A receipt showing the amount of the payment only may be given temporarily and must be replaced within a reasonable time with a receipt as prescribed in this subsection.
κ1995 Statutes of Nevada, Page 138 (CHAPTER 109, SB 91)κ
3. Permit payment in advance in an amount equal to one or more full installments at any time during the regular business hours of the licensee.
4. Upon repayment of a loan in full, mark plainly every note or other evidence of the indebtedness or assignment signed by any obligor , or a copy thereof, with the word paid or canceled, and release or provide the borrower evidence to release any mortgage or security instrument no longer securing any indebtedness to the licensee.
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Senate Bill No. 139Committee on Judiciary
CHAPTER 110
AN ACT relating to murder; expanding the aggravated circumstances under which the death penalty may be imposed; and providing other matters properly relating thereto.
[Approved May 23, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.033 is hereby amended to read as follows:
200.033 The only circumstances by which murder of the first degree may be aggravated are:
1. The murder was committed by a person under sentence of imprisonment.
2. The murder was committed by a person who was previously convicted of another murder or of a felony involving the use or threat of violence to the person of another.
3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
4. The murder was committed while the person was engaged, alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, sexual assault, arson in the first degree, burglary, invasion of the home or kidnapping in the first degree, and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or lethal force used.
5. The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.
6. The murder was committed by a person, for himself or another, to receive money or any other thing of monetary value.
7. The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For the purposes of this subsection, peace officer means [sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation division of the department of motor vehicles and public safety, personnel of the Nevada highway patrol, and the director, deputy director, correctional officers and other employees] :
κ1995 Statutes of Nevada, Page 139 (CHAPTER 110, SB 139)κ
purposes of this subsection, peace officer means [sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation division of the department of motor vehicles and public safety, personnel of the Nevada highway patrol, and the director, deputy director, correctional officers and other employees] :
(a) An employee of the department of prisons who does not exercise general control over offenders imprisoned within the institutions and facilities of the department but whose normal duties require him to come into contact with those offenders, when carrying out the duties prescribed by the director of the department.
(b) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 281.0311 to 281.0353, inclusive, when carrying out those powers.
8. The murder involved torture, depravity of mind or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and without apparent motive.
10 The murder was committed upon a person less than 14 years of age.
11. The murder was committed upon a person because of the actual or perceived race, color, religion, national origin or sexual orientation of that person.
12. The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.
Sec. 2. The amendatory provisions of this act do not apply to murders which are committed before October 1, 1995.
Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1995.
________
Senate Bill No. 296Committee on Transportation
CHAPTER 111
AN ACT relating to highways; eliminating the provision which requires the department of transportation to mail bid invitations for certain projects by certified mail; authorizing the department to mail bid invitations for certain projects to all interested bidders; and providing other matters properly relating thereto.
[Approved May 23, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 408.367 is hereby amended to read as follows:
408.367 1. With the approval of the board, the director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of $250,000.
κ1995 Statutes of Nevada, Page 140 (CHAPTER 111, SB 296)κ
2. Such informal bids must be submitted in accordance with due advertisement thereof being published for at least one publication in any newspaper or publication.
3. The department shall [:
(a) Mail] mail a copy of the bid invitation [by certified mail] to all [qualified] bidders who are on record with the department as desiring to receive bid invitations on projects estimated to cost not in excess of $250,000.
[(b) Maintain a record of such certified mailings.]
4. Contracts awarded [under] pursuant to the provisions of this section must be accompanied by bonds and conditioned and executed in the name of the State of Nevada, and must be signed by the director[,] under the seal of the department, [signed] and by the contracting party or parties . [, and the] The form and legality of those contracts must be approved by the attorney general or chief counsel of the department.
________
Assembly Bill No. 536Committee on Government Affairs
CHAPTER 112
AN ACT relating to local financial administration; providing a procedure for the financial administration of a local government in a severe financial emergency; providing immunity for certain actions; changing the name of the local governmental advisory committee; and providing other matters properly relating thereto.
[Approved May 23, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.229 is hereby amended to read as follows:
353.229 1. The technical advisory committee on future state revenues, consisting of seven members, is hereby created.
2. The members of the committee are the persons serving in the following positions or their designees:
(a) The senate fiscal analyst;
(b) The assembly fiscal analyst;
(c) The chief of the budget division of the department of administration;
(d) The head of the research division of the employment security division of the department of employment, training and rehabilitation or, if that position ceases to exist, the position deemed by the administrator of the employment security division to be the equivalent of that position;
(e) The vice chancellor for finance of the University and Community College System of Nevada or a person designated by the vice chancellor;
(f) The demographer employed pursuant to NRS 360.283; and
(g) The chairman of the [local government advisory committee.] committee on local government finance.
3. The committee shall:
(a) At its first meeting and annually thereafter elect a chairman and vice chairman from among its members;
κ1995 Statutes of Nevada, Page 141 (CHAPTER 112, AB 536)κ
(b) Adopt such rules governing the conduct of the committee as it deems necessary;
(c) Hold such number of meetings as may be necessary to carry out the requests made by the economic forum pursuant to NRS 353.228 in the most timely manner practicable; and
(d) Provide all assistance requested by the economic forum pursuant to NRS 353.227.
4. A majority of the committee constitutes a quorum and a majority of those members present must concur in any decision.
5. Each member of the committee who is not an officer or employee of the state shall serve without compensation, except that while he is engaged in the business of the committee he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. Each member of the committee who is an officer or employee of the state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the committee and perform any work necessary to accomplish the tasks assigned to the committee in the most timely manner practicable. A state agency shall not require an officer or employee who is a member of the committee to make up the time he is absent from work to fulfill his obligations as a member, nor shall it require the member to take annual vacation or compensatory time for the absence. Such a member shall serve on the committee without additional compensation, except that while he is engaged in the business of the committee he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid by the state agency which employs him.
7. The committee may request information from any state agency. A state agency that receives a reasonable request for information from the committee shall comply with the request as soon as is reasonably practicable after receiving the request.
8. The director of the legislative counsel bureau and the budget division of the department of administration shall jointly provide the committee with:
(a) Meeting rooms;
(b) Staff;
(c) Data processing services; and
(d) Clerical assistance.
Sec. 2. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.
Sec. 3. As used in sections 3 to 6, inclusive, of this act, unless the context requires otherwise:
1. Committee means the committee on local government finance.
2. Department means the department of taxation.
3. Local government means any local government subject to the provisions of the Local Government Budget Act.
4. The words and terms defined in the Local Government Budget Act have the meanings ascribed to them in that act.
Sec. 4. 1. A local government shall be deemed to be in a condition of severe financial emergency if:
κ1995 Statutes of Nevada, Page 142 (CHAPTER 112, AB 536)κ
(a) The department finds the local government to be in a condition of financial difficulty pursuant to NRS 354.660; and
(b) The governing body of the local government adopts a resolution stating that it is unable to pay its expenses of operating for 1 or more months.
The department shall take over the management of a local government that is in a condition of severe financial emergency as soon as practicable after the conditions of paragraphs (a) and (b) have been met.
2. As soon as practicable after taking over the management of a local government, the department shall, with the approval of the committee:
(a) Establish and implement a management policy and a financing plan for the local government;
(b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;
(c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;
(d) Establish an accounting system and separate bank accounts, if necessary, to receive and expend all money and assets of the local government;
(e) Impose such hiring restrictions as deemed necessary after considering the recommendations of the financial manager;
(f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the department deems necessary;
(g) Negotiate and approve all collective bargaining contracts to be entered into by the local government, except issues submitted to a factfinder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;
(h) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;
(i) Employ such technicians as are necessary for the improvement of the financial condition of the local government;
(j) Meet with the creditors of the local government and formulate a debt liquidation program;
(k) Approve the issuance of bonds or other forms of indebtedness by the local government;
(l) Discharge any of the outstanding debts and obligations of the local government; and
(m) Take any other actions necessary to ensure that the local government provides the basic services for which it was created in the most economical and efficient manner possible.
3. The governing body of a local government which is being managed by the department pursuant to this section may make recommendations to the department or the financial manager concerning the management of the local government.
4. Each state agency, board, department, commission, committee or other entity of the state shall provide such technical assistance concerning the management of the local government as is requested by the department.
κ1995 Statutes of Nevada, Page 143 (CHAPTER 112, AB 536)κ
5. The department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection 2.
6. Once the department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to section 6 of this act.
Sec. 5. If a local government fails to comply with any request made by the department pursuant to section 4 of this act, the department may apply to the district court to compel compliance.
Sec. 6. 1. The Nevada tax commission may, on its own motion or at the request of a local government, terminate the management of a local government by the department at any time upon a finding that the severe financial emergency has ceased to exist.
2. The governing body of a local government which has complied with all requests made by the department pursuant to section 4 of this act may petition the Nevada tax commission for termination or modification of the management of the local government by the department or of any request made by the department pursuant to section 4 of this act.
3. The Nevada tax commission shall provide notice, a hearing and a written decision on each such petition.
4. When a petition relating to a specific request is denied, the governing body may not resubmit a petition to terminate or modify that request until 3 months following the date of denial.
Sec. 7. NRS 354.594 is hereby amended to read as follows:
354.594 The department of taxation shall determine and advise local government officers of regulations, procedures and report forms for compliance with NRS 354.470 to 354.626, inclusive. It shall make such determinations after hearing the advice and recommendations of the [local governmental advisory committee.] committee on local government finance.
Sec. 8. NRS 354.5987 is hereby amended to read as follows:
354.5987 1. For the purposes of NRS 354.59811 and 377.057, the allowed revenue from taxes ad valorem and the basic ad valorem revenue of any local government:
(a) Which comes into being on or after July 1, 1989, whether newly created, consolidated, or both; or
(b) Which was in existence before July 1, 1989, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, 1989,
must be initially established by the Nevada tax commission.
2. Except as otherwise provided in subsections 3 and 6, if the local government for which the allowed revenue from taxes ad valorem and the basic ad valorem revenue are to be established performs a function previously performed by another local government, the total revenue allowed to all local governments for performance of substantially the same function in substantially the same geographical area must not be increased. To achieve this result, the Nevada tax commission shall request the [local governmental advisory] committee on local government finance to prepare a statement of the prior cost of performing the function for each predecessor local government. Within 60 days after receipt of such a request, the [local governmental advisory] committee on local government finance shall prepare a statement pursuant to the request and transmit it to the Nevada tax commission.
κ1995 Statutes of Nevada, Page 144 (CHAPTER 112, AB 536)κ
advisory] committee on local government finance shall prepare a statement pursuant to the request and transmit it to the Nevada tax commission. The Nevada tax commission may accept, reject or amend the statement of the [local governmental advisory committee.] committee on local government finance. The decision of the Nevada tax commission is final. Upon making a final determination of the prior cost of performing the function for each predecessor local government, the Nevada tax commission shall:
(a) Determine the percentage that the prior cost of performing the function for each predecessor local government is of the basic ad valorem revenue and of the allowed revenue from taxes ad valorem of that local government; and
(b) Apply the percentages determined pursuant to paragraph (a) to the basic ad valorem revenue and to the allowed revenue from taxes ad valorem, respectively, and subtract those amounts respectively from the basic ad valorem revenue and from the allowed revenue from taxes ad valorem of the predecessor local government.
The basic ad valorem revenue and allowed revenue from taxes ad valorem, respectively, attributable to the new local government for the cost of performing the function must equal the total of the amounts subtracted for the prior cost of performing the function from the basic ad valorem revenue and allowed revenue from taxes ad valorem, respectively, of all of the predecessor local governments.
3. If the local government for which the basic ad valorem revenue is to be established pursuant to subsection 1 is a city, the Nevada tax commission shall:
(a) Using the basic ad valorem revenue of the town replaced by the city, if any, as a basis, set the basic ad valorem revenue of the city at an amount sufficient to allow the city, with other available revenue, to provide the basic services for which it was created;
(b) Reduce the basic ad valorem revenue of the county by the amount set for the city pursuant to paragraph (a);
(c) Add to the basic ad valorem revenue of the county the basic ad valorem revenue of any town which the city has replaced; and
(d) Add to the allowed revenue from taxes ad valorem of the county the allowed revenue from taxes ad valorem for any town which the city replaced.
4. In any other case, except as otherwise provided in subsection 6, the allowed revenue from taxes ad valorem of all local governments in the county, determined pursuant to NRS 354.59811, must not be increased, but the total basic ad valorem revenue and allowed revenue from taxes ad valorem must be reallocated among the local governments consistent with subsection 2 to accommodate the amount established for the new local government pursuant to subsection 1.
5. Any amount of basic ad valorem revenue allowable which is established or changed pursuant to this section must be used to determine a new tax rate for the fiscal year ending June 30, 1981, for each affected local government. This new tax rate must be used to make the distributions among the local governments in the county required by NRS 377.057 for each year following the year in which the amount was established or changed.
6. In establishing the allowed revenue from taxes ad valorem of a county, city or town pursuant to this section, the Nevada tax commission shall allow a tax rate for operating expenses of at least 15 cents per $100 of assessed valuation in addition to the tax rate allowed for any identified and restricted purposes and for debt service.
κ1995 Statutes of Nevada, Page 145 (CHAPTER 112, AB 536)κ
tax rate for operating expenses of at least 15 cents per $100 of assessed valuation in addition to the tax rate allowed for any identified and restricted purposes and for debt service.
7. As used in this section:
(a) Predecessor local government means a local government which previously performed all or part of a function to be performed by the local government for which the allowed revenue from taxes ad valorem and the basic ad valorem revenue are being established pursuant to subsection 1.
(b) Prior cost of performing the function means the amount expended by a local government to perform a function which is now to be performed by another local government. The amount must be determined on the basis of the most recent fiscal year for which reliable information is available.
Sec. 9. NRS 354.59872 is hereby amended to read as follows:
354.59872 1. A local government may apply to the [local governmental advisory] committee on local government finance for a determination of the amount of revenue from population-based taxes the local government lost as a result of the incorporation of a new city on or after July 1, 1989.
2. Within 60 days after the receipt of a request made pursuant to subsection 1, the [local governmental advisory] committee on local government finance shall make a determination of the amount of revenue from population-based taxes the local government lost as a result of the incorporation of a new city on or after July 1, 1989, and transmit it to the department of taxation and the local government which made the request.
3. Upon receipt of the determination of the [local governmental advisory committee,] committee on local government finance, the local government may petition the Nevada tax commission for approval of the determination. As soon as practicable after receipt of such a request, the Nevada tax commission shall review the determination and may accept, reject or amend the determination. The decision of the Nevada tax commission is final.
4. Upon receipt of a final determination from the Nevada tax commission pursuant to this section, the executive director of the department of taxation shall add the amount approved by the Nevada tax commission to the allowed revenue from taxes ad valorem of the local government.
Sec. 10. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
No cause of action may be brought against the committee on local government finance created pursuant to NRS 266.0165, or any of its members, which is based upon:
1. Any act or omission in the execution of, or otherwise in conjunction with, the execution of sections 3 to 6, inclusive, of this act, or any policy or plan adopted pursuant thereto, whether or not such statute, policy or plan is valid, if the statute, policy or plan has not been declared invalid by a court of competent jurisdiction; or
2. The exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the committee on local government finance or member thereof, whether or not the discretion involved is abused.
κ1995 Statutes of Nevada, Page 146 (CHAPTER 112, AB 536)κ
Sec. 11. NRS 266.0165 is hereby amended to read as follows:
266.0165 1. The [local governmental advisory committee,] committee on local government finance, consisting of 11 members, is hereby created.
2. The following associations shall each appoint three members to serve on the committee:
(a) Nevada League of Cities;
(b) Nevada Association of County Commissioners; and
(c) Nevada School Trustees Association.
3. The Nevada state board of accountancy shall appoint two members to serve on the committee.
4. Each appointment must be for a term of 3 years.
5. All vacancies must be filled as soon as practicable by the appointing authority of the person who vacated the seat.
6. In any of the association listed in subsection 2 cease to exist, the appointments required by subsection 2 must be made by the associations successor in interest or, if there is no successor in interest, one each by the other appointing authorities.
Sec. 12. NRS 266.0261 is hereby amended to read as follows:
266.0261 Upon receipt of a petition that has been certified as sufficient by the county clerk, the board of county commissioners shall:
1. Within 30 days request a report on the advisability of incorporation and the feasibility of the proposed city, including, but not limited to, the factors set forth in NRS 266.0285 and a determination of whether the requirements set forth in NRS 266.017 have been satisfied, from the [local governmental advisory committee.] committee on local government finance. The report must be in writing and be delivered to the board of county commissioners not later than 90 days after the report is requested, unless the committee determines the requirements set forth in NRS 266.017 have not been satisfied. Upon receipt of the report, the board shall supply a copy of the report upon request to any person for the cost of reproduction.
2. Within 30 days transmit a copy of the petition to the executive director of the department of taxation.
3. Transmit a copy of the petition to any state, county or regional planning commission or agency that exercises planning authority over any part of the area proposed to be incorporated and to every other local government within the county.
Sec. 13. NRS 266.0263 is hereby amended to read as follows:
266.0263 1. The department of taxation shall prepare a concise statement concerning the estimated fiscal effect of the incorporation on the residents of the proposed city, including an estimated tax rate and an example of that tax rate applied for 1 year to a median-priced home in the area of the proposed city compared to an example of the present tax rate in the area applied for the same period to the same home.
2. Within 30 days after receipt of the petition from the board of county commissioners, the department of taxation shall file with the [local governmental advisory] committee on local government finance a statement of estimated fiscal effect prepared pursuant to subsection 1, and any explanatory material and calculations.
κ1995 Statutes of Nevada, Page 147 (CHAPTER 112, AB 536)κ
3. The [local government advisory] committee on local government finance shall:
(a) Approve or revise and approve the statement of estimated fiscal effect at a public meeting; and
(b) Transmit the statement to the county clerk within 30 days after receipt of the statement from the department of taxation.
4. The statement of estimated fiscal effect prepared by the department of taxation must not affect any subsequent calculations made by the department if the city is incorporated.
Sec. 14. NRS 266.0264 is hereby amended to read as follows:
266.0264 1. If the [local governmental advisory] committee on local government finance determines that a petition for incorporation does not satisfy the requirements set forth in NRS 266.017, it shall notify the board of county commissioners in writing.
2. After a determination by the [local governmental advisory] committee on local government finance that a petition does not satisfy the requirements of NRS 266.017, no further action on the petition for incorporation may be taken unless the determination is reversed by a district court pursuant to NRS 266.0265.
Sec. 15. NRS 266.0265 is hereby amended to read as follows:
266.0265 A qualified elector or any other person who has an ownership interest in real property within the area proposed to be incorporated, and who is aggrieved by the determination of the [local governmental advisory] committee on local government finance pursuant to NRS 266.0264 may appeal the determination to the district court within 30 days after the committee notifies the board of county commissioners of the determination. The district court shall limit its review to the issues contained within the record of the public hearing and in the determination. The district court may allow the record to be supplemented by additional evidence concerning those issues. The determination of the [local governmental advisory] committee on local government finance may be reversed only upon a showing that the determination is in violation of constitutional or statutory provisions, is arbitrary or capricious or involves an abuse of discretion. If the determination of the [local governmental advisory] committee on local government finance is reversed, the committee shall complete its report pursuant to NRS 266.0261 and the procedure for incorporation must be continued as if the [local governmental advisory] committee on local government finance had not made its determination.
Sec. 16. 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:
(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 [local governmental advisory] committee on local government finance 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.
κ1995 Statutes of Nevada, Page 148 (CHAPTER 112, AB 536)κ
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. 17. All actions taken by the department of taxation and the local governmental advisory committee concerning the White Pine County School District between January 1, 1995, and the effective date of this act are hereby ratified and approved.
Sec. 18. Notwithstanding the provisions of subsection 1 of NRS 354.599, each local government shall pay any additional expenses related to the provisions of this act from existing revenues of that local government.
Sec. 19. 1. This act becomes effective upon passage and approval.
2. Sections 3 to 6, inclusive, and 10 of this act apply retroactively from January 1, 1995, and for the period between January 1, 1995, and the effective date of this act wherever the phrase committee on local government finance appears in those sections, it shall be deemed to mean the local governmental advisory committee.
Sec. 20. The legislative counsel shall in preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section which is not amended by this act or is adopted or amended by another act, change any reference to the local governmental advisory committee to the committee on local government finance.
________
κ1995 Statutes of Nevada, Page 149κ
Assembly Bill No. 366Assemblyman Spitler
CHAPTER 113
AN ACT relating to education; requiring the state board of education to approve a course of study in American Sign Language; requiring the commission on professional standards in education to adopt regulations concerning the qualifications for teaching American Sign Language; authorizing the board of regents of the University of Nevada to approve a course of study in American Sign Language; directing the appointment of a task force to make recommendations concerning the establishment of a course of study in American Sign Language; and providing other matters properly relating thereto.
[Approved May 25, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds and declares that American Sign Language is a fully developed, autonomous, natural language with a distinct grammar, syntax and artistic character, and should be accorded equal status with other linguistic systems in the public education system of this state.
Sec. 2. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state board shall approve course work and develop policies and procedures for the teaching of American Sign Language in the system of public instruction.
2. A school that chooses to offer American Sign language as a course shall allow any pupil who successfully completes the course to earn credit for completing an elective course in a foreign language or toward completing a required number of credits in a foreign language, if that school has such a requirement.
Sec. 3. NRS 391.019 is hereby amended to read as follows:
391.019 1. Except as otherwise provided in NRS 391.027, the commission:
(a) Shall adopt regulations:
(1) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of such licenses.
(2) Identifying fields of specialization in teaching which require the specialized training of teachers.
(3) Requiring teachers to obtain from the department an endorsement in a field of specialization to be eligible to teach in that field of specialization.
(4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.
(5) Setting forth the qualifications and requirements for obtaining a license or endorsement to tech American Sign Language.
(b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.
2. Any regulation which increases the amount of education, training or experience required for licensing:
κ1995 Statutes of Nevada, Page 150 (CHAPTER 113, AB 366)κ
(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.
(b) Must not become effective until at least 1 year after the date it is adopted by the commission.
(c) Is not applicable to a license in effect on the date the regulation becomes effective.
Sec. 4. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of regents may approve a uniform course of study and develop policies and procedures on the teaching of American Sign Language in the University and Community College System of Nevada.
Sec. 5. 1. The superintendent of public instruction and the director of the department of employment, training and rehabilitation shall, not later than July 15, 1995, appoint a task force to continue the activities of the task force on American Sign Language created by section 1 of chapter 336, Statutes of Nevada 1993. The task force created pursuant to this section shall continue to provide advice, expertise and recommendations concerning the establishment of a course of study in American Sign Language in secondary and post-secondary schools for credit as a foreign language and as a special course in elementary schools. The task force shall hold its first meeting not later than August 15, 1995. It shall, not later than November 15, 1996, submit its findings and recommendations to the director of the legislative counsel bureau for transmittal to the legislative commission.
2. The task force must be comprised of a majority of members who are deaf or who are related to a deaf person. To the extent possible, the membership of the task force must include:
(a) The coordinator of the sensory deficit program for Clark County and the coordinator of the programs for the hearing impaired in Washoe County, or his designee;
(b) The president of the Nevada Association of the Deaf, or his designee;
(c) The president of the Telecommunications Council, or his designee;
(d) A representative of the Telecommunications Relay Centers;
(e) A representative of parents with deaf children who reside in a rural community;
(f) A deaf student;
(g) The president of the Parents Advisory Committee of Hearing Impaired Children in Reno and Las Vegas, or his designee;
(h) The executive director of the Nevada State Education Association, or his designee;
(i) The chairman of the Rural Alliance, or his designee;
(j) A representative from the foreign language departments of the University of Nevada, Reno, the University of Nevada, Las Vegas, and a community college;
(k) A representative of the department of education who is knowledgeable regarding special education and a representative of the rehabilitation division of the department of employment, training and rehabilitation;
(l) Two instructors of American Sign Language, one of whom must be deaf; and
κ1995 Statutes of Nevada, Page 151 (CHAPTER 113, AB 366)κ
(m) Such other persons as the superintendent and director deem appropriate.
3. The task force shall:
(a) Ascertain the cost of establishing a course of study in American Sign Language in the secondary and post-secondary schools in this state and the University and Community College System of Nevada.
(b) Make recommendations to the state board of education to assist it in approving a course of study in American Sign Language and developing policies and procedures on the teaching of American Sign Language in the system of public instruction.
(c) Make recommendations to the commission on professional standards in education to assist it in determining the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language.
(d) Make recommendations to the board of regents of the University of Nevada to assist it in approving a course of study in American Sign Language and developing policies and procedures on the teaching of American Sign Language in the University and Community College System of Nevada.
(e) Monitor and evaluate how the recommendations made pursuant to paragraphs (b), (c) and (d) were carried out and report on the progress to the 69th session of the Nevada Legislature.
4. The members of the task force serve without salary. The members are entitled to per diem and travel expenses for attending meetings of the task force.
Sec. 6. The state board of education shall consult with the boards of trustees of the various school districts and, through the task force created pursuant to section 5 of this act, with persons who are deaf or hearing impaired to assist the state board in approving a course of study in American Sign Language and developing policies and procedures on the teaching of American Sign Language in the system of public instruction pursuant to section 2 of this act.
Sec. 7. The commission on professional standards in education shall consult with the boards of trustees of the various school districts and, through the task force created pursuant to section 5 of this act, with persons who are deaf or hearing impaired to assist the commission in establishing pursuant to NRS 391.019 the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language.
Sec. 8. The board of regents of the University of Nevada may consult with the boards of trustees of the various school districts and, through the task force created pursuant to section 5 of this act, with persons who are deaf or hearing impaired to assist the board or regents in approving a course of study in American Sign Language and developing policies and procedures on the teaching of American Sign Language in the University and Community College System of Nevada Pursuant to section 4 of this act.
Sec. 9. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 152κ
Assembly Bill No. 306Assemblymen Dini, de Braga, Neighbors, Carpenter and Marvel
CHAPTER 114
AN ACT relating to taxation; providing an exemption for agricultural equipment used to convey water for irrigation; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.068 is hereby amended to read as follows:
361.068 1. The following personal property is exempt from taxation:
(a) Personal property held for sale by a merchant;
(b) Personal property held for sale by a manufacturer;
(c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture;
(d) Livestock;
(e) Colonies of bees;
(f) Pipe and other agricultural equipment used to convey water for the irrigation of legal crops;
(g) All boats; and
[(g)] (h) Slide-in campers and camper shells.
2. As used in this section, boat includes any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.
Sec. 2. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 49Committee on Government Affairs
CHAPTER 115
AN ACT relating to public parks; authorizing the alteration of the boundaries of a district for the support of public parks by unanimous petition of the affected property owners or majority vote in an election on the question; requiring, if an election is held, that certain information relating to the future costs of a district whose boundaries are proposed to be altered be included in the sample ballot for the election; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.785 is hereby amended to read as follows:
244A.785 1. The board of county commissioners of a county whose population is 400,000 or more may , by ordinance , create one or more districts within the unincorporated area of the county for the support of public parks.
κ1995 Statutes of Nevada, Page 153 (CHAPTER 115, AB 49)κ
parks. Such a district may include territory within the boundary of an incorporated city if so provided by interlocal agreement between the county and the city.
2. The ordinance creating a district must specify its boundaries. The area included within the district may be contiguous or noncontiguous. [The board of county commissioners may alter the boundaries by ordinance.] The boundaries set by the ordinance are not affected by later annexations to or incorporation of a city.
3. The alteration of the boundaries of such a district may be initiated by:
(a) A petition proposed unanimously by the owners of the property which is located in the proposed area which was not previously included in the district; or
(b) A resolution adopted by the board of county commissioners on its own motion.
If the board of county commissioners proposes on its own motion to alter the boundaries of a district for the support of public parks, it shall, at the next primary or general election, submit to the registered voters who reside in the proposed area which was not previously included in the district, the question of whether the boundaries of the district shall be altered. If a majority of the voters approve the question, the board shall, by ordinance, alter the boundaries of the district as approved by the voters.
4. The sample ballot required to be mailed pursuant to NRS 293.565 must include for the question described in subsection 3, a disclosure of any future increase or decrease in costs which may be reasonably anticipated in relation to the purposes of the district for the support of public parks and its probable effect on the districts tax rate.
________
Assembly Bill No. 156Assemblymen Sandoval, Carpenter, Schneider, Segerblom, Bennett, de Braga, Marvel, Ohrenschall, Ernaut, Anderson, Allard, Fettic and Neighbors
CHAPTER 116
AN ACT relating to hunting; clarifying the period during which certain replacement tags to hunt big game mammals are valid; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 502.215 is hereby amended to read as follows:
502.215 1. If any person who possesses a tag to hunt a big game mammal kills an animal that is believed to be diseased and unfit for human consumption, he shall place his tag on the carcass in the manner provided by law or regulation and provide the whole carcass for inspection by an authorized representative of the division or, at his own expense, by a veterinarian licensed to practice in Nevada.
κ1995 Statutes of Nevada, Page 154 (CHAPTER 116, AB 156)κ
licensed to practice in Nevada. Except as otherwise provided in this subsection, the holder of the tag who provides the carcass for such an inspection is entitled, if the carcass is diseased and unfit for human consumption, to receive at no charge another tag as a replacement for the one he placed on the carcass pursuant to this subsection. The holder shall choose whether the replacement tag is to be issued for the current hunting season or for the next similar season [.] in the following year. If the holder chooses to retain the head, antlers, carcass, horns or hide of the animal, and the authorized representative of the division approves the retention, the holder shall be deemed to waive any claim he may have had for the issuance of a replacement tag.
2. A replacement tag issued pursuant to subsection 1 for the current hunting season is valid for:
(a) The entire remaining portion of the season for which the original tag was issued; or
(b) If the original tag was issued for a period of a split season, the entire remaining portion of the period for which the original tag was issued or the entire following period, if any.
3. A replacement tag issued pursuant to subsection 1 must be:
(a) Issued for the same unit for which the original tag was issued.
(b) Used in the same manner as or pursuant to the same conditions or restrictions applicable to the original tag.
4. The commission shall adopt by regulation:
(a) A procedure for the inspection and verification of the condition of such a carcass;
(b) Requirements for the disposal of such a carcass if it is determined to be diseased and unfit for human consumption;
(c) Requirements for the disposition of the hide and the antlers or horns of the animal; and
(d) [A] Except as otherwise provided in subsection 2, a procedure for the issuance of a replacement tag pursuant to this section.
5. For the purposes of this section, split season means a season which is divided into two or more periods.
________
κ1995 Statutes of Nevada, Page 155κ
Senate Bill No. 119Senator Jacobsen
CHAPTER 117
AN ACT relating to motor vehicles; repealing the provisions relating to the disclosure of the odometer reading of a motor vehicle when the ownership of that motor vehicle is transferred; requiring the department of motor vehicles and public safety to enforce the provisions of the federal law relating to the disclosure of the odometer reading of a motor vehicle and certain other information when the ownership of that motor vehicle is transferred; and providing other matters properly relating thereto.
[Approved May 26, 1995]
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:
The department shall enforce the provisions of 49 U.S.C. §§ 32701 et seq. and the regulations adopted pursuant thereto.
Sec. 2. NRS 484.606 is hereby amended to read as follows:
484.606 As used in NRS 484.606 to 484.6069, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Odometer means an instrument for measuring and recording the total distance which a motor vehicle travels while in operation . [; but] The term does not include any auxiliary odometer designed to be reset by the operator of the motor vehicle.
2. Repair and replacement means restoration to a sound working condition by replacing the odometer or any part thereof, or by correcting what is inoperative.
3. Transfer means to change ownership by purchase, gift or any other means.
Sec. 3. NRS 484.6066 is hereby repealed.
________
Assembly Bill No. 163Committee on Government Affairs
CHAPTER 118
AN ACT relating to community redevelopment agencies; authorizing such agencies to issue bonds at a discount; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 279.640 is hereby amended to read as follows:
279.640 1. The agency may authorize bonds by resolution. The resolution, trust indenture or mortgage must provide for:
(a) The issuance of the bonds in one or more series.
(b) The date the bonds will bear.
κ1995 Statutes of Nevada, Page 156 (CHAPTER 118, AB 163)κ
(c) The maturity dates of the bonds.
(d) The interest rate.
(e) The denomination of the bonds.
(f) Their form, either coupon or registered.
(g) The conversion or registration privileges carried by the bonds.
(h) The rank or priority of the bonds.
(i) The manner of their execution.
(j) The median of payment.
(k) The place of payment.
(l) The terms of redemption with or without premium to which the bonds are subject.
2. The bonds may be sold at [not less than] par , above par or below par in accordance with the provisions of NRS 350.2012 at a:
(a) Public sale held after notice is published at least once at least 5 days before the sale in a newspaper of general circulation published in the community, or, if there is none, in a newspaper of general circulation published in the county; or
(b) Private sale without any advertisement of public notice.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 182Committee on Government Affairs
CHAPTER 119
AN ACT relating to public works; authorizing the short-term leasing of certain real property acquired for a public work without compliance with procedures otherwise required; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Real property acquired by a local government for a public work may be leased, pending the completion of the public work but for not more than 5 years, upon such terms and conditions as the governing body of the local government prescribes.
2. The governing body of the local government shall:
(a) Adopt the procedures for entering into such a lease at a public hearing held thereon; and
(b) Offer to lease the property to the person from whom it was acquired before offering to lease the property to any other person.
3. Except as otherwise provided in this subsection, revenue from the lease must be used to maintain the property in order to mitigate any adverse effect upon the adjacent area. Any revenue from the lease that is not needed to maintain the property must be used to offset the cost of the public work for which the property was acquired.
κ1995 Statutes of Nevada, Page 157 (CHAPTER 119, SB 182)κ
Sec. 2. NRS 244.283 is hereby amended to read as follows:
244.283 1. When the board of county commissioners determines that the lease of real property belonging to the county for industrial, commercial, residential or recreational purposes is necessary or desirable, the board may lease such real property, whether acquired by purchase, dedication or otherwise. Such a lease must not be in contravention of any condition in a gift or devise of real property to the county.
2. Except as otherwise provided in NRS 244.279, before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution must:
(a) Describe the property proposed to be leased in such manner as to identify it.
(b) Specify the minimum rental, and the terms upon which it will be leased.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed proposals to lease will be received and considered.
3. Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
(b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
4. At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease and which are made by responsible bidders, the proposal which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
5. Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution, for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person must be finally accepted.
6. A person may not make an oral bid unless, at least 5 days before the meeting held for receiving and considering bids, he submits to the board written notice of his intent to make an oral bid and a statement establishing his financial responsibility to the satisfaction of the board.
7. The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
8. The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from lease.
κ1995 Statutes of Nevada, Page 158 (CHAPTER 119, SB 182)κ
9. Any resolution of acceptance of any bid made by the board must authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith.
10. All money received from rentals of real property must be deposited forthwith with the county treasurer to be credited to the county general fund.
11. This section does not apply to leases of real property made pursuant to NRS 244.288 or 334.070 [.] or section 1 of this act.
________
Assembly Bill No. 164Committee on Government Affairs
CHAPTER 120
AN ACT relating to law enforcement; revising provisions governing the jurisdiction and authority of certain units of specialized law enforcement established within a political subdivision of this state; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 280.125 is hereby amended to read as follows:
280.125 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.] subdivision;
κ1995 Statutes of Nevada, Page 159 (CHAPTER 120, AB 164)κ
(c) The service of warrants of arrest issued pursuant to NRS 5.060; and
(d) The removal of abandoned vehicles as authorized by NRS 487.230.
Sec. 2. NRS 5.060 is hereby amended to read as follows:
5.060 1. Municipal judges and municipal courts may issue all legal process, writs and warrants necessary and proper to the complete exercise of their powers.
2. All warrants issued by the municipal court must run to any sheriff or constable of the county, [or to] the marshal or any policeman of the [city.] city, or a marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125.
3. Any constable or sheriff may serve any process or make any arrest authorized to be made by any officer of a city.
Sec. 3. NRS 487.230 is hereby amended to read as follows:
487.230 1. Any sheriff, constable, member of the Nevada highway patrol, investigator of the bureau of enforcement of the registration division of the department, designated employees of the manufactured housing division of the department of business and industry, special investigator employed by the office of any district attorney , [or] marshal or policeman of any city or town , or any marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125 who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property. At the request of the owner or person in possession or control of any private property who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.
2. Any person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:
(a) Have the vehicle taken to the nearest garage or other place designated for storage by:
(1) The state agency or political subdivision making the request, if the vehicle is removed from public property.
(2) The owner or person in possession of the property, if the vehicle is removed from private property.
(b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and any other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.
________
κ1995 Statutes of Nevada, Page 160κ
Assembly Bill No. 233Committee on Ways and Means
CHAPTER 121
AN ACT making an appropriation to the state department of conservation and natural resources for a flat file for the Nevada Tahoe regional planning agency to store maps; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state department of conservation and natural resources the sum of $1,200 for a flat file for the Nevada Tahoe regional planning agency to store maps.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 357Committee on Government Affairs
CHAPTER 122
AN ACT relating to state personnel; defining the term veteran for the purposes of provisions governing preference points for veterans in competitive examinations; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.260 is hereby amended to read as follows:
284.260 1. In establishing the lists of eligible persons, certain preferences [shall] must be allowed for veterans not dishonorably discharged from the Armed Forces of the United States. For disabled veterans, 10 points [shall] must be added to the passing grade achieved on the examination. For ex-servicemen and women who have not suffered disabilities, and for the widows and widowers of veterans, 5 points [shall] must be added to the passing grade achieved on the examination.
2. Any person qualifying for preference points pursuant to subsection 1 [,] is entitled to have [such] the points applied to any open competitive examination in the classified service, but only to one promotional examination.
κ1995 Statutes of Nevada, Page 161 (CHAPTER 122, AB 357)κ
3. For the purposes of this section, veteran has the meaning ascribed to eligible veteran in 38 U.S.C. § 4211.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 235Committee on Ways and Means
CHAPTER 123
AN ACT making an appropriation to the division of conservation districts of the state department of conservation and natural resources for the replacement of certain office equipment and computer hardware and software; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of conservation districts of the state department of conservation and natural resources the sum of $6,642 for replacement of certain office equipment and computer hardware and software.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 344Committee on Commerce
CHAPTER 124
AN ACT relating to real estate licensees; authorizing the establishment by regulation of fees for certain examinations for licensure; increasing the authority of the real estate commission concerning courses of continuing education for licensees; revising certain requirements concerning the maintenance of records relating to licensees; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645.140 is hereby amended to read as follows:
645.140 1. Except as otherwise provided in this section, all fees, penalties and charges received by the division pursuant to NRS 645.410, 645.660 and 645.830 must be deposited with the state treasurer for credit to the state general fund. The fees received by the division from the sale of publications must be retained by the division to pay the costs of printing and distributing publications, and any surplus must be deposited with the state treasurer for credit to the state general fund.
κ1995 Statutes of Nevada, Page 162 (CHAPTER 124, AB 344)κ
must be retained by the division to pay the costs of printing and distributing publications, and any surplus must be deposited with the state treasurer for credit to the state general fund. Money for the support of the division must be provided by direct legislative appropriation, and be paid out on claims as other claims against the state are paid.
2. Each member of the commission is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the commission, while engaged in the business of the commission; and
(b) A per diem allowance and travel expenses at a rate fixed by the commission, while engaged in the business of the commission. The rate must not exceed the rate provided for state officers and employees generally.
3. While engaged in the business of the commission, each employee of the commission is entitled to receive a per diem allowance and travel expenses at a rate fixed by the commission. The rate must not exceed the rate provided for state officers and employees generally.
Sec. 2. NRS 645.410 is hereby amended to read as follows:
645.410 1. The commission shall adopt regulations establishing the fee for an examination for a license as a real estate broker, broker-salesman or salesman and all other fees necessary for the administration of the examination.
2. Every application for examination for a license as a real estate broker, broker-salesman or salesman under the provisions of this chapter must be accompanied by the [examination fee prescribed by this chapter.] applicable fees established pursuant to subsection 1. The applicant [shall] must pay the original license fee and the fee for the real estate education, research and recovery fund at the time he files his application for a license.
Sec. 3. NRS 645.575 is hereby amended to read as follows:
645.575 1. The commission shall prescribe standards for the continuing education of persons licensed pursuant to this chapter by adopting regulations which include:
(a) For renewal of a license which is on active status, a requirement for the hours of attendance at any approved educational course, seminar or conference of:
(1) Thirty hours within the 2-year period immediately after initial licensing; and
(2) Fifteen hours within each subsequent 2-year period before renewal. For each period, at least 3 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate and at least 3 of the hours must be devoted to disclosing agency relationships.
(b) For reinstatement of a license which has been placed on inactive status, a requirement for total attendance at any approved educational course, seminar or conference of:
(1) Thirty hours if the license was on inactive status for 2 years or less during the initial license period;
(2) Fifteen hours if the license was on inactive status for a period of 2 years or less, no part of which was during the initial license period;
(3) Forty-five hours if the license was on inactive status for a period of more than 2 years, part of which was during the initial license period; or
κ1995 Statutes of Nevada, Page 163 (CHAPTER 124, AB 344)κ
(4) Thirty hours if the license was on inactive status for a period of more than 2 years, no part of which was during the initial license period.
For each period, at least 3 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate and at least 3 of the hours must be devoted to disclosing agency relationships.
(c) A basis and method of qualifying educational programs and certifying attendance which will satisfy the requirements of this section.
(d) A procedure for the evaluation of petitions based on a claim of equivalency with the requirements of subsection (a) or (b).
(e) A system of controlling and reporting qualifying attendance.
(f) A statement of the conditions under which an extension of time may be granted to comply with the continuing education requirements as well as a method of applying and qualifying for an extension.
2. The standards prescribed under subsection 1 must permit alternatives of subject material, taking cognizance of specialized areas of practice, and alternatives in sources of programs considering availability in area and time. The standards must include, where qualified, generally accredited educational institutions, private vocational schools, educational programs and seminars of professional societies and organizations, other organized educational programs on technical subjects, or equivalent offerings. The commission shall qualify [any appropriate educational course] only those educational courses that it determines address the appropriate subject matter and are given by an accredited university or community college. Subject to the provisions of this section, the commission has exclusive authority to determine what is an appropriate subject matter for qualification as a continuing education course.
3. Except as otherwise provided in this subsection, [after December 31, 1980,] the license of a broker, broker-salesman or salesman must not be renewed or reinstated unless the administrator finds that the applicant for the renewal license or for reinstatement to active status has completed the continuing education required by this chapter. Any amendment or repeal of a regulation does not operate to prevent an applicant from complying with this section for the next licensing period following the amendment or repeal.
Sec. 4. NRS 645.620 is hereby amended to read as follows:
645.620 The division shall maintain in [its main office] each district office a public docket or other record in which it shall record from time to time as made:
1. The rulings or decisions upon all complaints filed with [it.] that district office.
2. All investigations instituted by [it] that district office in the first instance, upon or in connection with which any hearing [shall have been had,] has been held, or in which the licensee charged [shall have] has made no defense.
3. Denials of applications made to that district office for examination or licensing.
Sec. 5. NRS 645.830 is hereby amended to read as follows:
645.830 1. The following fees must be charged by and paid to the division:
[For each real estate salesmans or brokers examination..... $55] For each original real estate brokers, broker-salesmans or corporate brokers license........................... $170
κ1995 Statutes of Nevada, Page 164 (CHAPTER 124, AB 344)κ
For each original real estate brokers, broker-salesmans or corporate brokers license....................................................................... $170
For each original real estate salesmans license....................... 130
For each original branch office license...................................... 100
For real estate education, research and recovery to be paid at the time an application for a license is filed or at the time a license is renewed 40
For each renewal of a real estate brokers, broker-salesmans or corporate brokers license....................................................................... 170
For each renewal of a real estate salesmans license.............. 130
For each renewal of a real estate branch office license.......... 100
For each penalty for late filing of a renewal for a brokers, broker-salesmans or corporate brokers license........................... 85
For each penalty for late filing of a renewal for a salesmans license 65
For each change of name or address......................................... 10
For each transfer of a real estate salesmans or broker-salesmans license and change of association or employment...................... 10
For each duplicate license where the original license is lost or destroyed, and an affidavit is made thereof................................................ 10
For each change of status from broker to broker-salesman, or the reverse .............................................................................................. 10
For each reinstatement to active status of an inactive real estate brokers, broker-salesmans or salesmans license........................... 10
For each reinstatement of a real estate brokers license when the licensee fails to give immediate written notice to the division of a change of name or business location.................................................... 20
For each reinstatement of a real estate salesmans or broker-salesmans license when he fails to notify the division of a change of broker within 30 days of termination by previous broker...................... 20
For each original registration of an owner-developer.............. 100
For each annual renewal of a registration of an owner-developer ........................................................................................... 100
For each enlargement of the area of an owner-developers registration .............................................................................................. 15
For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof..................................................... 40
For each original accreditation of a course of continuing education 50
For each renewal of accreditation of a course of continuing education .............................................................................................. 10
2. The fees prescribed for courses of continuing education do not apply to any university or community college of the University and Community College System of Nevada.
κ1995 Statutes of Nevada, Page 165 (CHAPTER 124, AB 344)κ
Sec. 6. The real estate commission shall adopt the regulations required by section 2 of this act in a timely manner to ensure that such regulations become effective on October 1, 1995.
Sec. 7. 1. This section and section 6 of this act become effective upon passage and approval.
2. Section 2 of this act becomes effective upon passage and approval for the purpose of adopting regulations, and on October 1, 1995, for all other purposes.
3. Sections 3 and 4 of this act become effective on July 1, 1995.
4. Sections 1 and 5 of this act become effective on October 1, 1995.
________
Assembly Bill No. 263Committee on Ways and Means
CHAPTER 125
AN ACT relating to the University and Community College System of Nevada; authorizing the issuance of revenue bonds to pay a portion of the cost of constructing improvements to the student union building at the University of Nevada, Reno; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act have the meanings ascribed to them in the University Securities Law. As used in this act, unless the context otherwise requires, the terms defined in sections 2, 3 and 4 of this act have the meaning ascribed to them in those sections.
Sec. 2. Net pledged revenues means all the pledges revenues, without any deduction of any operation and maintenance expenses, except as otherwise provided in the definition of pledged revenues.
Sec. 3. 1. Pledged revenues means, in connection with securities issued pursuant to this act to finance in part the project designated in section 4 of this act:
(a) The gross revenues derived from or otherwise pertaining to the operation of any one, all, or any combination of facilities enumerated in NRS 396.828 and situated on the campuses of the universities known as the University of Nevada, Reno, and the University of Nevada, Las Vegas, including, without limitation, the project, which revenues the board, by the resolution authorizing the securities issued pursuant to this act, determines to pledge for the payment of the securities, after the deduction of the expenses of operation and maintenance of those facilities pertaining to those pledged revenues; and
(b) The gross revenues derived from the imposition and collection of the fees designated in NRS 396.8395, payable by the students attending those two universities, subject to the limitation provided in subsection 5 of NRS 396.840.
κ1995 Statutes of Nevada, Page 166 (CHAPTER 125, AB 263)κ
2. Pledged revenues includes, in connection with students attending those two universities, any fees of students authorized by law after July 1, 1995, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operations of income-producing facilities of the university or the board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended after July 1, 1995.
3. Pledged revenues indicates a source of revenues and does not necessarily indicate all or any portion of such revenues in the absence of further qualification.
Sec. 4. Project means the construction and other acquisition, or any combination thereof, of improvements to the student union building at the University of Nevada, Reno, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 5. 1. The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $1,400,000, except that if the board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.
(b) To issue the bonds and other securities in connection with the project in one series or more at any time or from time to time but not after July 1, 2000, as the board determines, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including without limitation, proceeds of securities authorized by this act.
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.
2. This act does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 6. Bonds and other securities authorized by this act are subject to no limitations upon their rate of interest or the rate of discount at which they may be sold, including the limitations set forth in subsection 2 of NRS 396.850 and in paragraph (d) of subsection 1 of NRS 396.852, except that the rate of interest on any of those bonds or other securities must not exceed by more than 5 percent the Index of Revenue Bonds most recently published before bids are received or a negotiated offer is accepted.
κ1995 Statutes of Nevada, Page 167 (CHAPTER 125, AB 263)κ
Sec. 7. The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by this act do not affect the powers conferred by any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act control.
Sec. 8. The legislature intends that this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.
Sec. 9. If any provision of this act or the application thereof to any person, thing or circumstances is held invalid, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.
Sec. 10. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 295Committee on Government Affairs
CHAPTER 126
AN ACT relating to public investments; revising certain limitations on the investment of state money; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 355.140 is hereby amended to read as follows:
355.140 1. In addition to other investments provided for by a specific statute, the following bonds and other securities are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the state insurance fund:
(a) Bonds and certificates of the United States;
(b) Bonds, notes, debentures and loans if they are underwritten by or their payment is guaranteed by the United States;
(c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States;
(d) Bonds of this state or other states of the Union;
(e) Bonds of any county of this state or of other states;
(f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
κ1995 Statutes of Nevada, Page 168 (CHAPTER 126, AB 295)κ
(g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, if the value of the property is found by the board or commission making the investments to render the bonds financially sound over and above all other obligations of the districts;
(h) Bonds of school districts within this state;
(i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of this state or of any other state, if:
(1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation; and
(2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;
(j) Short-term financing for counties, cities and school districts authorized pursuant to chapter 354 of NRS;
(k) Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;
(l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;
(m) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations;
(n) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days maturity, and may not, in aggregate value, exceed 20 percent of the total par value of the portfolio as determined on the date of purchase;
(o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) Is purchased from a registered broker-dealer;
(2) At the time of purchase has a remaining term to maturity of no more than 270 days; and
(3) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total par value of the portfolio as determined on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;
κ1995 Statutes of Nevada, Page 169 (CHAPTER 126, AB 295)κ
on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;
(p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:
(1) Are purchased from a registered broker-dealer;
(2) At the time of purchase have a remaining term to maturity of no more than 3 years; and
(3) Are rated by a nationally recognized rating service as A or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total par value of the portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;
(q) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service AAA or its equivalent; and
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities; and
(r) Collateralized mortgage obligations that are rated by a nationally recognized rating service as AAA or its equivalent.
2. Repurchase agreements are proper and lawful investments of money of the state and the state insurance fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The state treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements to the state treasurer;
(2) The state treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and
(3) Have executed a written master repurchase agreement in a form satisfactory to the state treasurer and the state board of finance pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the state treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.
(b) In all repurchase agreements:
κ1995 Statutes of Nevada, Page 170 (CHAPTER 126, AB 295)κ
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchase securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
(2) The state must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the state when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the state concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
3. As used in subsection 2:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
(b) Repurchase agreement means a purchase of securities by the state or state insurance fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
4. No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 or 616 of NRS.
________
κ1995 Statutes of Nevada, Page 171κ
Assembly Bill No. 59Committee on Labor and Management
CHAPTER 127
AN ACT relating to industrial insurance; revising the circumstances under which the attorney general is required to prosecute certain prohibited acts related to the provision of industrial insurance; revising the penalty for making a false statement or representation or concealing a material fact to obtain or attempt to obtain a benefit or payment; exempting subpoenas issued pursuant to the Nevada Industrial Insurance Act from certain requirements for the disclosure of financial records; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.640 is hereby amended to read as follows:
616.640 1. Any employer who makes any charge against any employee or who deducts from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his acceptance or rejection of this chapter is guilty of a gross misdemeanor.
2. An employer who is required to provide compensation pursuant to the provisions of this chapter or chapter 617 of NRS and who requires an employee to provide or secure such compensation on his own behalf is guilty of a gross misdemeanor.
3. Any employer violating any provision of this section must be prosecuted by the attorney general upon complaint of any employee who , as determined by the attorney general, submits proper evidence of a violation.
Sec. 2. NRS 616.675 is hereby amended to read as follows:
616.675 Unless a different penalty is provided pursuant to NRS 616.678 to 616.683, inclusive, any person who knowingly makes a false statement or representation or who knowingly conceals a material fact to obtain or attempt to obtain any benefit, including a controlled substance, or payment under the provisions of this chapter, either for himself or for any other person, shall be punished as follows:
1. If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor.
2. If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
Sec. 3. NRS 239A.070 is hereby amended to read as follows:
239A.070 [Nothing in this chapter applies] This chapter does not apply to any subpoena issued pursuant to Title 14 or chapter 616 of NRS or [prohibits:] prohibit:
1. Dissemination of any financial information which is not identified with or identifiable as being derived from the financial records of a particular customer.
2. The attorney general, district attorney, department of taxation, public administrator, sheriff or a police department from requesting of a financial institution, and the institution from responding to the request, as to whether a person has an account or accounts with that financial institution and, if so, any identifying numbers of the account or accounts.
κ1995 Statutes of Nevada, Page 172 (CHAPTER 127, AB 59)κ
institution, and the institution from responding to the request, as to whether a person has an account or accounts with that financial institution and, if so, any identifying numbers of the account or accounts.
3. A financial institution, in its discretion, from initiating contact with and thereafter communicating with and disclosing the financial records of a customer to appropriate governmental agencies concerning a suspected violation of any law.
4. Disclosure of the financial records of a customer incidental to a transaction in the normal course of business of the financial institution if the director, officer, employee or agent of the financial institution who makes or authorized the disclosure has no reasonable cause to believe that such records will be used by a governmental agency in connection with an investigation of the customer.
5. A financial institution from notifying a customer of the receipt of a subpoena or a search warrant to obtain his financial records, except when ordered by a court to withhold such notification.
6. The examination by or disclosure to any governmental regulatory agency of financial records which relate solely to the exercise of its regulatory function if the agency is specifically authorized by law to examine, audit or require reports of financial records of financial institutions.
7. The disclosure to any governmental agency of any financial information or records whose disclosure to that particular agency is required by the tax laws of this state.
8. A governmental agency from obtaining a credit report or consumer credit report from anyone other than a financial institution.
________
Assembly Bill No. 296Committee on Education
CHAPTER 128
AN ACT relating to education; revising provisions governing the fees collected for the issuance or renewal of licenses for teachers and other educational personnel; and providing other matters properly relating thereto.
[Approved May 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.040 is hereby amended to read as follows:
391.040 1. The commission [may] shall fix fees of not less than [$25] $65 for the issuance and renewal of a license. The fee for issuing a duplicate license is the same as for issuing the original.
2. The portion of each fee which represents the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant must be deposited with the state treasurer for credit to the appropriate account of the department of [education.] motor vehicles and public safety. The remaining portion of the money received from the fees must be [paid into the state general fund.]
κ1995 Statutes of Nevada, Page 173 (CHAPTER 128, AB 296)κ
the state general fund.] deposited with the state treasurer for credit to the appropriate account of the department of education.
Sec. 2. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 183Committee on Ways and Means
CHAPTER 129
AN ACT relating to the University and Community College System of Nevada; authorizing the issuance of revenue bonds to pay a portion of the cost of constructing a building for an applied technology center at the Truckee Meadows Community College; and providing other matters properly relating thereto.
[Approved May 30, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act have the meanings ascribed to them in the University Securities Law. As used in this act, unless the context otherwise requires, the terms defined in sections 2, 3 and 4 of this act have the meaning ascribed to them in those sections.
Sec. 2. Net pledged revenues means all the pledged revenues, without any deduction of any operation and maintenance expenses, except as otherwise provided in the definition of pledged revenues.
Sec. 3. 1. Pledged revenues means, in connection with securities issued pursuant to this act to finance in part the project designated in section 4 of this act:
(a) The gross revenues derived from or otherwise pertaining to the operation of any one, all, or any combination of facilities enumerated in NRS 396.828 and situated on the campuses of the community college of the University and Community College System of Nevada, including, without limitation, the project, which revenues the board, by the resolution authorizing the securities issued pursuant to this act, determines to pledge for the payment of the securities, after the deduction of the expenses of operation and maintenance of those facilities pertaining to those pledged revenues; and
(b) The gross revenues derived from the imposition and collection of the fees designated in NRS 396.8395, payable by the students attending any of the community colleges of the University and Community College System of Nevada, subject to the limitation provided in subsection 5 of NRS 396.840.
2. Pledged revenues includes, in connection with students attending those community colleges, any fees of students authorized by law after the effective date of this act, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operations of income-producing facilities of the community colleges, the board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended after the effective date of this act.
κ1995 Statutes of Nevada, Page 174 (CHAPTER 129, AB 183)κ
provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended after the effective date of this act.
3. Pledged revenues indicates a source of revenues and does not necessarily indicate all or any portion of such revenues in the absence of further qualification.
Sec. 4. Project means the construction, other acquisition and improvement, or any combination thereof, of a building for an applied technology center at the Truckee Meadows Community College, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 5. 1. The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $1,200,000 except that if the board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.
(b) To issue the bonds and other securities in connection with the project in one series or more at any time or from time to time, but not later than 5 years after the effective date of this act, as the board determines, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including without limitation, proceeds of securities authorized by this act.
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.
2. This act does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 6. Bonds and other securities authorized by this act are subject to no limitations upon their rate of interest or the rate of discount at which they may be sold, including the limitations set forth in subsection 2 of NRS 396.850 and in paragraph (d) of subsection 1 of NRS 396.852, except that the rate of interest on any of those bonds or other securities must not exceed by more than 5 percent the Index of Revenue Bonds most recently published before bids are received or a negotiated offer is accepted.
Sec. 7. The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by this act do not affect the powers conferred by any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act control.
κ1995 Statutes of Nevada, Page 175 (CHAPTER 129, AB 183)κ
Sec. 8. The legislature intends that this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.
Sec. 9. If any provision of this act or the application thereof to any person, thing or circumstances is held invalid, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.
Sec. 10. This act becomes effective upon passage and approval.
________
Assembly Bill No. 358Committee on Government Affairs
CHAPTER 130
AN ACT relating to education; repealing provisions authorizing the creation of a general improvement district to provide facilities for public schools; and providing other matters properly relating thereto.
[Approved May 31, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 318.080 is hereby amended to read as follows:
318.080 1. After adopting an ordinance creating a district and before appointing the first board of trustees for the district, the board of county commissioners is, ex officio, the board of trustees for the district.
2. While acting as the board of trustees, the board of county commissioners shall establish:
(a) Accounting practices and procedures for the district;
(b) Auditing practices and procedures to be used by the district;
(c) A budget for the district; and
(d) Management standards for the district.
3. Except as otherwise provided in NRS 318.0953 [, 318.09533 and 318.136,] and 318.09533, after the board of county commissioners has performed the duties required by subsection 2, it shall appoint five persons to serve as the first board of trustees of the district and shall specify therein the terms of office to the first Monday in January next following the respective election dates provided in NRS 318.095. Except as otherwise provided in subsection 5, these persons must be qualified electors of the district.
4. The members of the board of trustees shall qualify by filing with the county clerk their oaths of office and corporate surety bonds, at the expense of the district, the bonds to be in an amount not more than $10,000 each, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of their duties as trustees. The board of county commissioners may from time to time, upon good cause shown, increase or decrease the amount of the bond.
κ1995 Statutes of Nevada, Page 176 (CHAPTER 130, AB 358)κ
5. [Except as otherwise provided in NRS 318.136, the] The board of county commissioners may appoint as one of the five initial trustees as provided by subsection 1 the district attorney for the county or a deputy district attorney on his staff. Such appointee need not be a qualified elector of the district, but no such attorney is qualified for appointment to fill any vacancy on the board pursuant to NRS 318.090 or qualified as a candidate for election to the board at any biennial election pursuant to NRS 318.095 unless he is a qualified elector of the district.
6. The board of county commissioners of the county vested with jurisdiction pursuant to NRS 318.050 may remove any trustee serving on an appointed or elected board of trustees for cause shown, on petition, hearing and notice thereof by publication and by mail addressed to the trustee.
Sec. 2. NRS 318.090 is hereby amended to read as follows:
318.090 Except as otherwise provided in NRS 318.0953 and 318.09533:
1. The board shall, by resolution, designate the place where the office or principal place of the district is to be located, which must be within the corporate limits of the district, and which may be changed by resolution of the board. Copies of all those resolutions must be filed with the county clerk or clerks of the county or counties wherein the district is located within 5 days after their adoption. The official records and files of the district must be kept at that office and must be open to public inspection as provided in NRS 239.010.
2. The board of trustees shall meet regularly at least once each year, and at such other times at the office or principal place of the district as provided in the bylaws.
3. Special meetings may be held on notice to each member of the board as often as, and at such places within the district as, the needs of the district require.
4. Three members of the board constitute a quorum at any meeting.
5. [Except as otherwise provided in NRS 318.136, a] A vacancy on the board must be filled by a qualified elector of the district chosen by the remaining members of the board, the appointee to act until a successor in office qualifies as provided in NRS 318.080 on or after the first Monday in January next following the next biennial election, held in accordance with NRS 318.095, at which election the vacancy must be filled by election if the term of office extends beyond that first Monday in January. Nominations of qualified electors of the district as candidates to fill unexpired terms of 2 years may be made the same as nominations for regular terms of 4 years, as provided in NRS 318.095. If the board fails, neglects or refuses to fill any vacancy within 30 days after the vacancy occurs, the board of county commissioners shall fill that vacancy.
6. [Except as otherwise provided in NRS 318.136, each] Each term of office of 4 years terminates on the first Monday in January next following the general election at which a successor in office is elected, as provided in NRS 318.095. The successors term of office commences then or as soon thereafter as the successor qualifies as provided in NRS 318.080, subject to the provisions in this chapter for initial appointments to a board, for appointments to fill vacancies of unexpired terms, and for the reorganizations of districts under this chapter which were organized under other chapters of NRS.
κ1995 Statutes of Nevada, Page 177 (CHAPTER 130, AB 358)κ
Sec. 3. NRS 318.095 is hereby amended to read as follows:
318.095 Except as otherwise provided in NRS 318.0953 : [and 318.136:]
1. There must be held simultaneously with the first general election in the county after the creation of the district and simultaneously with every general election thereafter an election to be known as the biennial election of the district. The election must be conducted under the supervision of the county clerk or registrar of voters. A district shall reimburse the county clerk or registrar of voters. A district shall reimburse the county clerk or registrar of voters for the costs he incurred in conducting the election for the district.
2. The office of trustee is a nonpartisan office. The general election laws of this state govern the candidacy, nominations and election of a member of the board. The names of the candidates for trustee of a district may be placed on the ballot for the primary or general election.
3. At the first biennial election in any district organized or reorganized and operating under this chapter, and each fourth year thereafter, there must be elected by the qualified electors of the district two qualified electors as members of the board to serve for terms of 4 years. At the second biennial election and each fourth year thereafter, there must be so elected three qualified electors as members of the board to serve for terms of 4 years.
4. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the county clerk or registrar of voters may direct.
5. Any new member of the board must qualify in the same manner as members of the first board qualify.
Sec. 4. NRS 318.0951 is hereby amended to read as follows:
318.0951 Except as otherwise provided in NRS 318.0952 [, 318.0953 or 318.136:] or 318.0953:
1. Each trustee elected at any biennial election must be chosen by a plurality of the qualified electors of the district voting on the candidates for the vacancies to be filled.
2. If there are two regular terms which end on the first Monday in January next following the biennial election, the two qualified electors receiving the highest and next highest number of votes must be elected. If there are three regular terms so ending, the three qualified electors receiving the highest, next highest and third highest number of votes must be elected.
3. If there is a vacancy in an unexpired regular term to be filled at the biennial election, as provided in subsection 5 of NRS 318.090, the candidate who receives the highest number of votes, after there are chosen the successful candidates to fill the vacancies in expired regular terms as provided in subsection 2, must be elected.
Sec. 5. NRS 318.0952 is hereby amended to read as follows:
318.0952 Except as otherwise provided in NRS 318.0953 : [and 318.136:]
1. Trustees may be elected in the alternate manner provided in this section from election areas within the district.
2. Within 30 days before May 1 of any year in which a general election is to be held in the state, 10 percent or more of the qualified electors of the district voting at the next preceding biennial election of the district may file a written petition with the board of county commissioners of the county vested with jurisdiction under NRS 318.050 praying for the creation of election areas within the district in the manner provided in this section.
κ1995 Statutes of Nevada, Page 178 (CHAPTER 130, AB 358)κ
with jurisdiction under NRS 318.050 praying for the creation of election areas within the district in the manner provided in this section. The petition must specify with particularity the five areas proposed to be created. The description of the proposed election areas need not be given by metes and bounds or by legal subdivisions, but must be sufficient to enable a person to ascertain what territory is proposed to be included within a particular area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall take an oath, before a person competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.
3. Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of that notice are a proper charge against the district fund.
4. If, as a result of the public hearing, the board of county commissioners finds that the creation of election areas within the district is desirable, the board of county commissioners shall, by resolution regularly adopted before June 1, divide the district into the areas specified in the petition, designate them by number and define their boundaries. The territory comprising each election area must be contiguous. One trustee must be elected from each election area by a majority of the qualified electors voting on the candidates for any vacancy for that area as provided in subsection 7.
5. Before June 1 and immediately following the adoption of the resolution creating election areas within a district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the secretary of the district.
6. Upon the creation of election areas within a district, the terms of office of all trustees then in office expire on the first Monday of January thereafter next following a biennial election. At the biennial election held following the creation of election areas within a district, district trustees to represent the odd-numbered election areas must be elected for terms of 4 years and district trustees to represent the even-numbered election areas must be elected for terms of 2 years. Thereafter, at each biennial election, the offices of trustees must be filled for terms of 4 years in the order in which the terms of office expire.
7. Candidates for election as a trustee representing any election area must be elected only by those qualified electors of the district residing in that area. No qualified elector may vote in more than one election area at any one time.
8. A candidate for the office of trustee of a district in which election areas have been created must be a qualified elector of the district and must be a resident of the election area which he seeks to represent.
9. Election areas may be altered or abolished in the same manner as provided in this section for the creation of election areas and the election of trustees therefor.
κ1995 Statutes of Nevada, Page 179 (CHAPTER 130, AB 358)κ
Sec. 6. NRS 318.116 is hereby amended to read as follows:
318.116 Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute.
1. Furnishing electric light and power, as provided in NRS 318.117;
2. Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;
3. Furnishing facilities or services for public cemeteries, as provided in NRS 318.119;
4. Furnishing facilities for swimming pools, as provided in NRS 318.1191;
5. Furnishing facilities for television, as provided in NRS 318.1192;
6. Furnishing streets and alleys, as provided in NRS 318.120;
7. Furnishing curb, gutter and sidewalks, as provided in NRS 318.125;
8. Furnishing sidewalks, as provided in NRS 318.130;
9. Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135;
10. Furnishing sanitary facilities for sewerage, as provided in NRS 318.140;
11. Furnishing facilities for lighting streets, as provided in NRS 318.141;
12. Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142;
13. Furnishing recreational facilities, as provided in NRS 318.143;
14. Furnishing facilities for water, as provided in NRS 318.144;
15. Furnishing fencing, as provided in NRS 318.1195;
16. Furnishing facilities for protection from fire, as provided in NRS 318.1181;
17. Furnishing energy for heating, as provided in NRS 318.1175; and
18. Furnishing emergency medical services, as provided in NRS 318.1185 [; and
19. Furnishing facilities for public schools, as provided in NRS 318.136 to 318.139, inclusive.]
Sec. 7. NRS 387.400 is hereby amended to read as follows:
387.400 [1. Except as otherwise provided in subsection 2, the] The total bonded indebtedness of a county school district must at no time exceed an amount equal to 15 percent of the total of the last assessed valuation of taxable property, excluding motor vehicles, situated within the county school district.
[2. If a district to furnish facilities for public schools has been created pursuant to chapter 318 of NRS whose boundaries are conterminous with the boundaries of the school district or include the same area as the school district plus a portion of another school district, the total bonded indebtedness of the school district which is included within the boundaries of the district to furnish facilities for public schools, when added to the total bonded indebtedness of the district to furnish facilities for public schools and the partially included school district, if any, must at no time exceed an amount equal to 15 percent of the total of the last assessed valuation of the taxable property within the boundaries of the district to furnish facilities for public schools.]
κ1995 Statutes of Nevada, Page 180 (CHAPTER 130, AB 358)κ
Sec. 8. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies and tax increment areas, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the countys general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978; but [:
(a) If] if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service . [; and
(b) If any or all of the school districts debt service to which a portion of its rate for the fiscal year beginning on July 1, 1978, is attributable is transferred to an improvement district created pursuant to chapter 318 of NRS to furnish facilities for public schools, that portion must be attributed to the improvement district for the purpose of the distributions made pursuant to this section.]
4. An amount equal to any basic privilege tax distributed to a redevelopment agency or tax increment area in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
5. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
6. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 9. NRS 318.136, 318.1365, 318.137, 318.1375, 318.138, 318.1385 and 318.139 are hereby repealed.
________
κ1995 Statutes of Nevada, Page 181κ
Senate Bill No. 90Senator Augustine
CHAPTER 131
AN ACT relating to evidence; authorizing a business or governmental agency to destroy records relating to the conduct of its business under certain circumstances; allowing certain rerecorded, copied or reproduced records of a business or governmental agency, or an enlargement or facsimile thereof, to be admitted into evidence under certain circumstances; and providing other matters properly relating thereto.
[Approved May 31, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 52 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless held in a fiduciary or custodial capacity or unless specifically prohibited by a federal or state statute or regulation, by a local ordinance or by an order or judgment of a court of competent jurisdiction, if any business or governmental agency has, in the regular course of its business:
(a) Produced, kept or maintained any document, memorandum, writing, entry, print or other record of any act, transaction, occurrence or event relating to the conduct of its business; and
(b) Has caused any of those records to be rerecorded, copied or reproduced by any photographic, photostatic or other process which ensures an accurate reproduction or creates a reliable medium for reproducing the original of any of those records,
the business or governmental agency may, in the regular course of its business, destroy any of those records.
2. Any rerecorded, copied or reproduced record specified in subsection 1 is admissible to the same extent as an original, regardless of whether the original is available for inspection or has been lost or destroyed, if the rerecorded, copied or reproduced record is sufficiently authenticated.
3. An enlargement or facsimile of a rerecorded, copied or reproduced record specified in subsection 2 is admissible to the same extent as an original if:
(a) The record has not been lost or destroyed; and
(b) It is available for inspection by the court.
The introduction of an enlargement or facsimile of a record pursuant to the provisions of this subsection does not prohibit the admission of the original of that record.
4. If a governmental agency destroys any of its records and causes those records to be recorded, copied or reproduced pursuant to subsection 1:
(a) The recorded, copied or reproduced record shall be deemed a public record for the purposes of chapter 239 of NRS; and
(b) The governmental agency shall render such assistance as is necessary to allow any member of the public access to the recorded, copied or reproduced record if the record is not otherwise declared by law to be confidential.
κ1995 Statutes of Nevada, Page 182 (CHAPTER 131, SB 90)κ
5. As used in this section, business means any proprietorship, including any member of a profession licensed pursuant to Title 54 of NRS, corporation, partnership, association, trust, unincorporated organization or other enterprise doing business in this state.
Sec. 2. NRS 52.245 is hereby amended to read as follows:
52.245 1. In addition to the situations governed by subsection 2, a duplicate is admissible to the same extent as an original unless:
(a) A genuine question is raised as to the authenticity of the original; or
(b) In the circumstances it would be unfair to admit the duplicate in lieu of the original.
2. [A] Except as otherwise provided in section 1 of this act, a duplicate is admissible to the same extent as an original if the person or office having custody of the original was authorized to destroy the original after preparing a duplicate, and in fact did so.
Sec. 3. NRS 52.255 is hereby amended to read as follows:
52.255 [The] Except as otherwise provided in section 1 of this act, the original is not required, and other evidence of the contents of a writing, recording or photograph is admissible, if:
1. All originals are lost or have been destroyed, unless the loss or destruction resulted from the fraudulent act of the proponent.
2. No original can be obtained by any available judicial process or procedure.
3. At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing.
4. The writing, recording or photograph is not closely related to a controlling issue.
Sec. 4. NRS 52.265 is hereby amended to read as follows:
52.265 1. [The] Except as otherwise provided in section 1 of this act, the contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct by the custodian or other person authorized to make the certification or testified to be correct by a witness who has compared it with the original.
2. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.
________
κ1995 Statutes of Nevada, Page 183κ
Assembly Bill No. 409Committee on Natural Resources, Agriculture and Mining
(Requested by Sierra Club)
CHAPTER 132
AN ACT relating to state grazing boards; requiring the boards to comply with statutory requirements for open meetings; and providing other matters properly relating thereto.
[Approved May 31, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 568.090 is hereby amended to read as follows:
568.090 1. Meetings of a state grazing board may be called at any time by the chairman or a majority of the members of [such] the board.
2. Each board may adopt its own rules and regulations for the calling and holding of meetings . [; but a] A majority of each board [shall constitute] constitutes a quorum for the transaction of business by the board, and action by each board [shall] must be determined by a majority vote of the members present.
3. State grazing boards shall comply with the provisions of chapter 241 of NRS.
Sec. 2. This act becomes effective on July 1, 1995.
________
Senate Bill No. 15Committee on Human Resources and Facilities
CHAPTER 133
AN ACT relating to the board of regents of the University of Nevada; providing that the travel allowance for the members of the board be computed at the rate provided for state officers and employees generally; and providing other matters properly relating thereto.
[Approved May 31, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.070 is hereby amended to read as follows:
396.070 1. A member of the board of regents is not entitled to receive any compensation for his services.
2. Each member of the board of regents is entitled to receive in attending meetings of the board, or while on board of regents business within the state:
(a) A per diem expense allowance not to exceed the greater of:
(1) The rate of $60; or
(2) The maximum rate established by the Federal Government for the locality in which the travel is performed.
κ1995 Statutes of Nevada, Page 184 (CHAPTER 133, SB 15)κ
(b) [Travel expenses] A travel allowance computed at the rate [of 21 cents per mile traveled.] provided for state officers and employees generally in subsection 3 of NRS 281.160.
________
Assembly Bill No. 22Committee on Natural Resources, Agriculture and Mining
CHAPTER 134
AN ACT relating to state parks; consolidating certain accounts; authorizing the collection of a fee for the repair, operation and maintenance of sewer, water and electrical systems; limiting the use of the fees so collected; and providing other matters properly relating thereto.
[Approved May 31, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 407.0762 is hereby amended to read as follows:
407.0762 1. The account for maintenance of state parks within the division of state parks is hereby created in the state general fund. Except as otherwise provided in NRS 407.0765, any amount of fees collected pursuant to subsection 4 of NRS 407.065 in a calendar year, which is in excess of the amounts authorized for expenditure from that revenue source in the divisions budget for the fiscal year beginning in that calendar year, must be deposited in the account . [for the division of state parks.] The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
2. The money in the account [for the division of state parks] does not lapse to the state general fund at the end of any fiscal year.
3. The money deposited in the account [for the division of state parks] pursuant to subsection 1 must only be used to repair and maintain state parks, monuments and recreational areas.
4. Before the administrator may expend money pursuant to subsection 3:
(a) For emergency repairs, he must first receive the approval of the director.
(b) For purposes other than emergency repairs, he must first receive the approval of the director and of the interim finance committee.
Sec. 2. NRS 407.0765 is hereby amended to read as follows:
407.0765 1. The [account for Lake Tahoe Nevada State Park is hereby created in the state general fund.] administrator, with the approval of the director, may collect at each state park a fee for the repair, operation and maintenance of sewer, water and electrical systems within the park. Any fees collected [at Lake Tahoe Nevada State Park pursuant to subsection 4 of NRS 407.065 for the repair, operation and maintenance of sewer and water systems] pursuant to this section must be deposited in the account [. No other fees collected at Lake Tahoe Nevada State Park may be deposited in the account.
κ1995 Statutes of Nevada, Page 185 (CHAPTER 134, AB 22)κ
account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
2. The money in the account does not lapse to the state general fund at the end of any fiscal year.
3.] for maintenance of state parks within the division of state parks created in NRS 407.0762.
2. The money deposited in the account pursuant to this section must be accounted for separately for each park and must only be used for the repair, operation and maintenance of the sewer [and] , water and electrical systems in [Lake Tahoe Nevada State Park.
4.] the park in which the money was collected.
3. The administrator, subject to the approval of the director, may expend money pursuant to subsection [3.] 2.
Sec. 3. 1. The state treasurer shall transfer any balance remaining unexpended on June 30, 1995, in the account of the division of state parks attributable to fees made available for maintenance projects under the provisions of NRS 407.0762 to the account for maintenance of state parks within the division of state parks created in NRS 407.0762 for such uses as have previously been authorized by the interim finance committee.
2. The state treasurer shall transfer any balance remaining unexpended on June 30, 1995, in the account for Lake Tahoe Nevada State Park in the state general fund created in NRS 407.0765 to the account for maintenance of state parks within the division of state parks created in NRS 407.0762. The money so transferred must be accounted for separately and used only for the repair, operation and maintenance of sewer, water and electrical systems at Lake Tahoe Nevada State Park.
Sec. 4. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 44Assemblyman Marvel
CHAPTER 135
AN ACT relating to state employees; revising the provisions governing the forfeiture of annual leave; and providing other matters properly relating thereto.
[Approved May 31, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.350 is hereby amended to read as follows:
284.350 1. Except as otherwise provided in subsections 2, 3 and 4, an employee in the public service, whether in the classified or unclassified service, is entitled to annual leave with pay of 1 1/4 working days for each month of continuous public service. The annual leave may be cumulative from year to year not to exceed 30 working days. The department may by regulation provide for additional annual leave for long-term employees and for prorated annual leave for part-time employees.
κ1995 Statutes of Nevada, Page 186 (CHAPTER 135, AB 44)κ
2. [Any] Except as otherwise provided in this subsection, any annual leave in excess of 30 working days must be used before January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days is forfeited on that date . [except that if] If an employee:
(a) On or before October 15, requests permission to take annual leave; and
(b) His request for leave is denied in writing for any reason,
he is entitled to payment for any annual leave in excess of 30 working days which he requested to take and which he would otherwise forfeit as the result of the denial of his request [.] , unless the employee has final authority to approve use of his own accrued leave and he received payment pursuant to this subsection for any unused annual leave in excess of 30 working days accumulated during the immediately preceding calendar year. The payment for the employees unused annual leave must be made to him not later than January 31.
3. Officers and members of the faculty of the University and Community College System of Nevada are entitled to annual leave as provided by the regulations prescribed pursuant to subsection 2 of NRS 284.345.
4. The director shall establish by regulation a schedule for the accrual of annual leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of annual leave at the same rate proportionately as employees who work a 40-hour week accrue annual leave.
5. No elected state officer may be paid for accumulated annual leave upon termination of his service.
6. During the first 6 months of employment of any employee in the public service, annual leave accrues as provided in subsection 1, but no annual leave may be taken during that period.
7. No employee in the public service may be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
Sec. 2. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 187κ
Assembly Bill No. 327Assemblyman Lambert (by request)
CHAPTER 136
AN ACT relating to public employment; authorizing a leave of absence for certain public officers or employees to assist the American National Red Cross during certain disasters; and providing other matters properly relating thereto.
[Approved May 31, 1995]
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 a new section to read as follows:
Any public officer or employee of the state or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is classified by the American National Red Cross as a disaster technician must be relieved from his duties, upon the request of the American National Red Cross and the approval of his employer, to assist the American National Red Cross during a disaster described in NRS 414.020 which occurs in this state or California, Oregon, Idaho, Utah or Arizona, without loss of his regular compensation for a period of not more than 15 working days in any calendar year. No such absence may be a part of the annual vacation of the public officer or employee which is provided for by law.
________
Assembly Bill No. 280Committee on Government Affairs
CHAPTER 137
AN ACT relating to notaries public; providing a procedure to amend a certificate of appointment; expanding the notarial acts a notary public is authorized to perform; providing additional requirements for the bond required to be filed by a notary public; providing additional short forms for certain notarial acts; revising the qualifications for appointment as a notary public; revising the penalties that may be imposed for misconduct; making it unlawful to use a reproduction of a notarial statement under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved May 31, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 240 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in NRS 240.010 to 240.168, inclusive, and sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Acknowledgment means a declaration by a person that he has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that he signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.
κ1995 Statutes of Nevada, Page 188 (CHAPTER 137, AB 280)κ
proper authority and executed it as the act of the person or entity represented and identified therein.
Sec. 4. In a representative capacity means:
1. For and on behalf of a corporation, partnership, trust or other entity, as an authorized officer, agent, partner, trustee or other representative;
2. As a public officer, personal representative, guardian or other representative, in the capacity recited in the instrument;
3. As an attorney in fact for a principal; or
4. In any other capacity as an authorized representative of another.
Sec. 5. Notarial act means any act that a notary public of this state is authorized to perform. The term includes:
1. Taking an acknowledgment;
2. Taking a deposition;
3. Administering an oath or affirmation;
4. Taking a verification upon oath or affirmation;
5. Witnessing or attesting a signature;
6. Certifying or attesting a copy;
7. Executing a jurat;
8. Noting a protest of a negotiable instrument; and
9. Performing such other duties as may be prescribed by a specific statute.
Sec. 6. Notarial officer means a notary public or an officer authorized to perform notarial acts.
Sec. 7. Verification upon oath or affirmation means a declaration that a statement is true made by a person upon oath or affirmation.
Sec. 8. 1. If a notary public changes his mailing address, county of residence or signature at any time during his appointment, he shall submit to the secretary of state a request for an amended certificate of appointment on a form provided by the secretary of state. The request must:
(a) Include the new information;
(b) Be submitted within 30 days after making that change; and
(c) Be accompanied by a fee of $10.
2. If a notary public changes his name during his appointment and he intends to use his new name in the performance of his notarial duties, he shall submit to the secretary of state a request for an amended certificate of appointment on a form provided by the secretary of state. The request must:
(a) Include his new name and signature and his address;
(b) Be submitted within 30 days after making the change; and
(c) Be accompanied by a fee of $10.
3. Upon receipt of a request for an amended certificate of appointment and the appropriate fee, the secretary of state shall issue an amended certificate of appointment.
4. When the notary public receives the amended certificate of appointment, he shall:
(a) Destroy his notarys stamp and obtain a new notarys stamp which includes the information on the amended certificate.
(b) Notify the surety company which issued his bond of the changes.
Sec. 9. 1. If the stamp of a notary public is lost, the notary public shall, within 10 days after the stamp is lost, submit to the secretary of state a request for an amended certificate of appointment, on a form provided by the secretary of state, and obtain a new stamp in accordance with section 8 of this act.
κ1995 Statutes of Nevada, Page 189 (CHAPTER 137, AB 280)κ
secretary of state, and obtain a new stamp in accordance with section 8 of this act. The request must be accompanied by a fee of $10.
2. If the stamp is destroyed, broken, damaged or otherwise rendered inoperable, the notary public shall immediately notify the secretary of state of that fact and obtain a new stamp.
3. A person or governmental entity shall not make, manufacture or otherwise produce a notarys stamp unless the notary public presents his original or amended certificate of appointment to that person or governmental entity.
Sec. 10. 1. The bond required to be filed by NRS 240.030 must be executed by the person applying to become a notary public as principal and by a surety company qualified and authorized to do business in this state. The bond must be made payable to the State of Nevada and be conditioned to provide indemnification to any person determined to have suffered damage as a result of any act by the notary public which is a violation of any provision of NRS 240.010 to 240.168, inclusive, and sections 2 to 14, inclusive, of this act. The surety company shall pay any final, nonappealable judgment of any court of this state that has jurisdiction, upon receipt of written notice of final judgment. The bond may be continuous but, regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.
2. The surety bond must cover the period of the appointment of the notary public, except when a surety is released.
3. A surety on any bond filed pursuant to NRS 240.030 may be released after the surety gives 30 days written notice to the secretary of state and notary public, but the release does not discharge or otherwise affect any claim filed by a person for damage resulting from any act of the notary public which is alleged to have occurred while the bond was in effect.
4. The appointment of a notary public is suspended by operation of law when the notary public is no longer covered by a surety bond as required by this section and NRS 240.030. If the secretary of state receives notice pursuant to subsection 3 that the bond will be released, the secretary shall immediately notify the notary public in writing that his appointment will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
Sec. 11. 1. If a notary public resigns or dies during his appointment, the notary public, or the executor of his estate, as appropriate, shall:
(a) Notify the secretary of state of the resignation or death; and
(b) Destroy the notarys stamp.
2. Upon the receipt of the notice required by subsection 1, the secretary of state shall cancel the appointment of the notary public, effective on the date on which the notice was received.
Sec. 12. 1. It is unlawful for any person to:
(a) Photocopy or otherwise reproduce a completed notarial certificate with a notarys statement and signature if that certificate is reproduced for use in a mailing to endorse, promote or sell any product, service or offering; or
(b) Include a photocopy or other reproduction of a completed notarial certificate with a notarys statement and signature in a mailing to endorse, promote or sell any product, service or offering.
κ1995 Statutes of Nevada, Page 190 (CHAPTER 137, AB 280)κ
2. Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 13. The following certificate is sufficient for a jurat of a subscribing witness:
State of ................................................
County of ............................................
On ..........(date).........., ..........(subscribing witness).......... personally appeared before me, whom I know to be the person who signed this jurat of a subscribing witness while under oath, and swears that he or she was present and witnessed ..........(signer of the documents).......... sign his or her name to the above document.
.....................................................................
(Signature of subscribing witness)
Signed and sworn before me on ..........(date).......... by ..........(subscribing witness)..........
.....................................................................
(Signature of notarial officer)
Sec. 14. The following certificate is sufficient for an acknowledgment of a credible witness:
State of ................................................
County of ............................................
On ..........(date).........., ..........(name of person).......... personally appeared before me, whose identity I verified upon the oath of ..........(name of credible witness).........., a credible witness personally known to me, to be the person whose name is subscribed to the above instrument and he or she proved he or she signed the instrument.
.....................................................................
(Signature of notarial officer)
Sec. 15. NRS 240.010 is hereby amended to read as follows:
240.010 1. The secretary of state may appoint notaries public in this state.
2. The secretary of state may not appoint as a notary public any person [who] :
(a) Who submits an application containing any substantial and material misstatement or omission of fact.
(b) Whose previous appointment as a notary public in this state has been revoked.
3. It is unlawful for any person to represent himself as a notary public appointed pursuant to this section if he has not received a certificate of appointment from the secretary of state pursuant to this chapter.
Sec. 16. NRS 240.015 is hereby amended to read as follows:
240.015 [Each]
1. Except as otherwise provided in this section, a person appointed as a notary public must:
κ1995 Statutes of Nevada, Page 191 (CHAPTER 137, AB 280)κ
[1. Be]
(a) During the period of his appointment, be a citizen of the United States or lawfully admitted for permanent residency in the United States as verified by the Immigration and Naturalization Service.
[2.] (b) Be a resident of this state.
(c) Be at least 18 years of age.
[3.] (d) Possess his civil rights.
2. If a person appointed as a notary public ceases to be lawfully admitted for permanent residency in the United States during his appointment, he shall, within 90 days after his lawful admission has expired or is otherwise terminated, submit to the secretary of state evidence that he is lawfully readmitted for permanent residency as verified by the Immigration and Naturalization Service. If the person fails to submit such evidence within the prescribed time, his appointment expires by operation of law.
Sec. 17. NRS 240.017 is hereby amended to read as follows:
240.017 The secretary of state may adopt regulations prescribing the procedure for the appointment and voluntary training of a notary public.
Sec. 18. NRS 240.030 is hereby amended to read as follows:
240.030 1. Each person applying for appointment as a notary public shall:
(a) At the time he submits his application, pay to the secretary of state $35.
(b) Take and subscribe to the oath set forth in section 2 of article 15 of the constitution of the State of Nevada as if he were a public officer.
(c) Enter into a bond to the State of Nevada in the sum of $10,000, to be [approved by] filed with the clerk of the county in which the applicant resides.
2. In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant who is employed as a peace officer and is required to be a notary public as a condition of that employment must not be required to disclose his residential address or telephone number on any such document which will become available to the public.
3. The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment. On a form provided by the secretary of state, the county clerk shall immediately certify to the secretary of state that the bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the bond and oath have been filed and recorded, the secretary of state shall issue a certificate of appointment as a notary public to the applicant.
4. [The] Except as otherwise provided in this subsection, the secretary of state shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the secretary of state shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.
Sec. 19. NRS 240.040 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 192 (CHAPTER 137, AB 280)κ
240.040 1. Each notary public shall authenticate all his acts, including any acknowledgment, jurat, verification or other certificate, by [setting] :
(a) Setting forth the following:
[(a)] (1) The venue;
[(b)] (2) His original signature; and;
[(c)] (3) A statement imprinted in [black] indelible, photographically reproducible ink with a rubber or other mechanical stamp setting forth his name, the phrase Notary Public, State of [Nevada and] Nevada, the date on which his appointment expires [.] , the number of his certificate of appointment and, if he so desires, the Great Seal of the State of Nevada; and
(b) Including all applicable information in the acknowledgment, jurat, verification or other certificate.
2. After July 1, 1965, [a] an embossed notarial seal is not required on notarized documents.
3. As used in this section, mechanical stamp includes an imprint made by a computer or other similar technology.
Sec. 20. NRS 240.060 is hereby amended to read as follows:
240.060 [1. Each notary public may:
(a) Administer oaths or affirmations;
(b) Take acknowledgments and depositions;
(c) Certify copies;
(d) Execute jurats; and
(e) Perform such other duties as may be prescribed by specific statute.
2.] A notary public [shall] may, during normal business hours, perform notarial acts in lawful transactions for a person who requests the act and tenders the appropriate fee.
Sec. 21. NRS 240.065 is hereby amended to read as follows:
240.065 1. A notary public may not perform any notarial act [authorized by NRS 240.060 if he:
1. Executed] if:
(a) He executed or is named in the instrument acknowledged or sworn to;
[2. Will]
(b) He will receive directly from a transaction relating to the instrument any commission, fee, advantage, right, title, interest, property or other consideration in excess of the authorized fees; or
[3. Is related to the]
(c) The person whose signature is to be acknowledged or sworn to [as a spouse, sibling or lineal ancestor or descendant.] is a relative of the notary public by marriage or consanguinity.
2. As used in this section, relative includes, without limitation:
(a) A spouse, parent, grandparent or stepparent;
(b) A natural born child, stepchild or adopted child;
(c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister;
(d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse of the notary public; and
(e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse of the notary public.
κ1995 Statutes of Nevada, Page 193 (CHAPTER 137, AB 280)κ
Sec. 22. NRS 240.075 is hereby amended to read as follows:
240.075 A notary public shall not:
1. Influence a person to enter or not enter into a lawful transaction involving a notarial act performed by the notary public.
2. Certify an instrument containing a statement known by him to be false.
3. Perform any act as a notary public with intent to deceive or defraud.
4. Endorse or promote any product, service or offering if his appointment as a notary public is used in the endorsement or promotional statement.
5. Certify photocopies of a certificate of birth, death or marriage or a divorce decree.
6. Allow any other person to use his notarys stamp.
7. Allow any other person to sign the notarys name in a notarial capacity.
Sec. 23. NRS 240.100 is hereby amended to read as follows:
240.100 1. Except as otherwise provided in subsection 3, a notary public may charge the following fees and no more:
For taking an acknowledgment, for the first signature of each signer $2
For each additional signature of each signer................. 1
For administering an oath or affirmation without a signature.......... 1
For a certified copy................................................................................... 1
For a jurat, for each signature on the affidavit.................................... 2
2. All fees prescribed in this section are payable in advance, if demanded.
3. A notary public may charge an additional fee for traveling to perform a notarial act if:
(a) He explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law; and
(b) The person requesting the notarial act agrees in advance upon the amount of the additional fee.
Sec. 24. NRS 240.110 is hereby amended to read as follows:
240.110 1. [Every] If a notary public charges fees for performing notarial acts, he shall publish and set up in some conspicuous place in his office a table of his fees, according to this chapter, for the inspection of all persons who have business in his office. The schedule must not be printed in smaller than 1/2-inch type. A notary public shall not charge fees unless he has published and set up a table of fees in accordance with this subsection.
2. For each days failure to comply with the provisions of subsection 1, [he] a notary public shall forfeit a sum not exceeding $20 with costs, which may be recovered by any person by an action before any justice of the peace of the same county.
Sec. 25. NRS 240.120 is hereby amended to read as follows:
240.120 1. Each notary public shall keep a journal in his office in which he shall enter [the] for each notarial act performed, at the time the act is performed:
(a) The fees charged [, the] , if any;
(b) The title of the matter [, the] ;
(c) The date on which he performed the service [and the] ;
κ1995 Statutes of Nevada, Page 194 (CHAPTER 137, AB 280)κ
(d) The name and signature of the person whose signature is being notarized [.] ; and
(e) A description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized.
2. If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall:
(a) Require the witness to sign the journal in the space provided for the description of the evidence used; and
(b) Make a notation in the journal that the witness is a credible witness.
3. The journal must [be] :
(a) Be open to public inspection
[3.] (b) Be in a bound volume with preprinted page numbers.
4. A notary public shall keep his journal for the entire period of his appointment.
5. Any notary public who violates any of the provisions of this section shall be fined not more than $1,000.
Sec. 26. NRS 240.150 is hereby amended to read as follows:
240.150 1. For any misconduct or neglect in any of the cases in which any notary public appointed under the authority of this state, may act, either by the law of this state, or of any state, territory or country, or by the law of nations, or by commercial usage, he is liable on his official bond to the parties injured thereby, for all the damages sustained . [; and for]
2. Except as otherwise provided in this chapter, for any willful violation or neglect of duty [, a] :
(a) A notary public [shall] may be fined not more than $2,000 [, and his appointment must be revoked.] ;
(b) The appointment of the notary public may be suspended for a period determined by the secretary of state, but not exceeding the time remaining on his appointment;
(c) The appointment of the notary public may be revoked; or
(d) The notary public may be fined and his appointment may be:
(1) Revoked; or
(2) Suspended
for a period determined by the secretary of state.
Sec. 27. NRS 240.161 is hereby amended to read as follows:
240.161 1. NRS 240.161 to 240.168, inclusive, and sections 13 and 14 of this act, may be cited as the Uniform Law on Notarial Acts.
2. These sections must be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting them.
[3. These sections apply to notarial acts performed on or after October 1, 1993.]
Sec. 28. NRS 240.163 is hereby amended to read as follows:
240.163 1. In taking an acknowledgment, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the acknowledgment is the person whose signature is on the instrument.
2. In taking a verification upon oath or affirmation, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the verification is the person whose signature is on the verified statement.
κ1995 Statutes of Nevada, Page 195 (CHAPTER 137, AB 280)κ
the person making the verification is the person whose signature is on the verified statement.
3. In witnessing or attesting a signature, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the signature is that of the person appearing before him and named in the document signed.
4. In certifying or attesting a copy of a document or other item, a notarial officer shall determine that the proffered copy is a complete, accurate and authentic transcription or reproduction of that which was copied.
5. In making or noting a protest of a negotiable instrument, a notarial officer shall verify compliance with the provisions of subsection 2 of NRS 104.3505.
6. In executing a jurat, a notarial officer shall administer an oath or affirmation to the affiant and shall determine, from personal knowledge or other satisfactory evidence, that the affiant is the person named in the document. The affiant shall sign the document in the presence of the notarial officer.
7. A notarial officer has satisfactory evidence that a person is the person whose signature is on a document if he:
(a) Is personally known to the notarial officer;
(b) Is identified upon the oath or affirmation of a credible witness personally known to the notarial officer; [or]
(c) Is identified on the basis of an identifying document [.] which contains a signature and a photograph or physical description; or
(d) Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer.
Sec. 29. NRS 240.1655 is hereby amended to read as follows:
240.1655. 1. A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officers rank.
2. A certificate of a notarial act is sufficient if it meets the requirements of subsection 1 and it:
(a) Is in the short form set forth in section 13 or 14 of this act or NRS 240.166, 240.1665, 240.167, 240.1675 or 240.168;
(b) Is in a form otherwise prescribed by the law of this state;
(c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.
3. By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by NRS 240.163.
κ1995 Statutes of Nevada, Page 196 (CHAPTER 137, AB 280)κ
Sec. 30. NRS 240.166 is hereby amended to read as follows:
240.166 The following certificate is sufficient for an acknowledgment in an individual capacity:
State of ................................................
County of ...........................................
This instrument was acknowledged before me on ..(date) .. by (name(s) of person(s)) .
.....................................................................
(Signature of notarial officer)
(Seal, if any)
.....................................................................
(Title and rank (optional))
(My commission expires (optional): .)
Sec. 31. NRS 240.1665 is hereby amended to read as follows:
240.1665 The following certificate is sufficient for an acknowledgment in a representative capacity:
State of ................................................
County of ...........................................
This instrument was acknowledged before me on ..(date) .. by ..(name(s) of person(s)) .as .(type of authority, e.g., officer, trustee, etc.) . of .(name of party on behalf of whom instrument was executed) ..
.....................................................................
(Signature of notarial officer)
(Seal, if any)
.....................................................................
(Title and rank (optional))
(My commission expires (optional): .)
Sec. 32. NRS 240.167 is hereby amended to read as follows:
240.167 The following certificate is sufficient for a verification upon oath or affirmation:
State of ................................................
County of ...........................................
Signed and sworn to (or affirmed) before me on ..........(date).......... by ....................(name(s) of person(s) making statement)..............................
.....................................................................
(Signature of notarial officer)
(Seal, if any)
.....................................................................
(Title and rank (optional))
(My commission expires (optional): .)
κ1995 Statutes of Nevada, Page 197 (CHAPTER 137, AB 280)κ
Sec. 33. NRS 240.1675 is hereby amended to read as follows:
240.1675 The following certificate is sufficient for witnessing or attesting a signature:
State of ................................................
County of ...........................................
Signed or attested before me on ..(date) .. by .(name(s) of person(s)) ..
.....................................................................
(Signature of notarial officer)
(Seal, if any)
.....................................................................
(Title and rank (optional))
(My commission expires (optional): .)
Sec. 34. NRS 240.168 is hereby amended to read as follows:
240.168 The following certificate is sufficient for attesting a copy of a document:
State of ................................................
County of ...........................................
I certify that this is a true and correct copy of a document in the possession of ............................................................
Dated ..............................
.....................................................................
(Signature of notarial officer)
(Seal, if any)
.....................................................................
(Title and rank (optional))
(My commission expires (optional): .)
Sec. 35. NRS 240.160, 240.162, 240.1621, 240.1623, 240.1625, 240.1627 and 240.1629 are hereby repealed.
________
κ1995 Statutes of Nevada, Page 198κ
Assembly Bill No. 267Committee on Government Affairs
CHAPTER 138
AN ACT relating to land use planning; revising provisions relating to parcel maps and final maps of subdivisions of land; revising provisions relating to the appointment and removal of members of a planning commission; and providing other matters properly relating thereto.
[Approved May 31, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.040 is hereby amended to read as follows:
278.040 1. The members of the planning commission are appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The members [shall] must not be members of the governing body of the city or county. The majority of the members of the county planning commission in any county whose population is 400,000 or more must reside within the unincorporated area of the county.
2. In Carson City, the members of the planning commission established as provided in NRS 278.030 are appointed by the mayor from the city at large, with the approval of the board of supervisors.
3. The governing body may provide for compensation to its planning commission in an amount of not more than $50 per meeting of the commission, with a total of not more than $400 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for other officers and employees of the county or city.
4. [The] Except as otherwise provided in this subsection, the term of each member is 4 years, or until his successor takes office. If applicable, the term of each member of a county or city planning commission in any county whose population is 400,000 or more is coterminous with the term of the member of the governing body who recommended his appointment to the appointing authority. If the recommending member resigns his office before the expiration of his term, the corresponding member of the planning commission may continue to serve until the office is next filled by election. If the office of the recommending member becomes vacant before the expiration of the term for any other reason, the corresponding member of the planning commission may continue to serve for the duration of the original term.
5. Members may be removed, after public hearing, by a majority vote of the governing body for [inefficiency, neglect of duty or malfeasance of office.] just cause.
6. Vacancies occurring otherwise than through the expiration of term must be filled for the unexpired term.
Sec. 2. NRS 278.466 is hereby amended to read as follows:
278.466 1. The parcel map must be legibly drawn in permanent black 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.
κ1995 Statutes of Nevada, Page 199 (CHAPTER 138, AB 267)κ
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:
(a) The area of each parcel or lot and the total area of the land to be divided in the following manner:
(1) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or
(2) In square feet if the area is less than 2 acres.
(b) All monuments found, set, reset, replaced or removed, describing their kind, size and location and giving other data relating thereto.
(c) Bearing or witness monuments, the basis of bearings, bearing and length of lines and the scale of the map.
(d) The name and legal designation of the tract or grant in which the survey is located and any ties to adjoining tracts.
(e) Any easements granted or dedications made.
(f) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.
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.
(c) The signature of each owner of the land to be divided.
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.
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. 3. NRS 278.4725 is hereby amended to read as follows:
278.4725 1. Except as otherwise provided in this section, the governing body or planning commission 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.
κ1995 Statutes of Nevada, Page 200 (CHAPTER 138, AB 267)κ
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 the changes necessary to render the map acceptable. 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.
5. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by [the] each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the 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 indicating 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:
(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.