[Rev. 2/12/2019 2:26:00 PM]
κ1995 Statutes of Nevada, Page 401 (CHAPTER 246, SB 104)κ
1. The city council may create a municipal library district to include all of the territory of the city except any such territory included within another library district on the date of creation of the municipal library district. The city council may designate itself as the governing authority of the municipal library district or may appoint a board of trustees as the governing authority.
2. The governing authority of the municipal library district has the powers and duties provided for the trustees of a public library by NRS 379.025, 379.026, 379.040 and 379.060, and the city council may provide for a tax upon all taxable property in the district [at the same rate as is levied for the same year for the consolidated library district which includes the City of Las Vegas.] for the purpose of operating the district. The rate of the tax must be calculated pursuant to NRS 354.59811. The limit upon the calculated receipts from the tax may be exceeded pursuant to a vote of the people as provided in NRS 354.5982.
3. The governing authority of the municipal library district may propose the issuance of general obligation bonds in an amount not to exceed 10 percent of the total last assessed valuation of the taxable property of the district for the purpose of acquiring, constructing or improving buildings and other real property to be used for library purposes or for purchasing books, materials and equipment for libraries. If the governing authority decides to propose the issuance of bonds, the proposal must be submitted to the general obligation bond commission of the county in which the district is situated, pursuant to the provisions of NRS 350.001 to 350.006, inclusive. If the commission approves the proposed issuance, the question of issuing the bonds must be submitted to the registered electors of the district in accordance with the provisions of NRS 350.020 to 350.070, inclusive. If a majority of the electors voting on the question favors the proposal, the governing authority shall issue the bonds as general obligations of the municipal library district pursuant to the provisions of the Local Government Securities Law.
4. The district is not entitled to receive any distribution of supplemental city-county relief tax.
Sec. 2. For the fiscal year beginning on July 1, 1995, the city council of the City of North Las Vegas shall calculate the rate of the tax that may be levied for the purpose of operating the municipal library district pursuant to the amendatory provisions of section 1 of this act by using the amount of the tax levied upon the taxable property in the district for the fiscal year ending on June 30, 1995.
Sec. 3. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 402κ
Assembly Bill No. 603Committee on Government Affairs
CHAPTER 247
AN ACT relating to public utilities; authorizing the public service commission of Nevada to levy and collect an assessment from public utilities which provide telecommunication services; and providing other matters properly relating thereto.
[Approved June 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.040 is hereby amended to read as follows:
704.040 1. Every public utility shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.
2. Every unjust and unreasonable charge for service of a public utility is unlawful.
3. The commission may exempt, to the extent it deems reasonable, services related to telecommunication or public utilities which provide telecommunication services from any or all of the provisions of this chapter, upon a determination after hearing that the services are competitive or discretionary and that regulation thereof is unnecessary. For the purposes of this subsection, basic local exchange service and access services provided to interexchange carriers are not discretionary.
4. The commission shall adopt regulations necessary to establish an alternative plan of regulation of a public utility that provides telecommunication services. The alternative plan may include, but is not limited to, provisions that:
(a) Allow adjustment of the rates charged by a public utility that provides telecommunication services during the period in which the utility elects the alternative plan of regulation.
(b) Provide for flexibility of pricing for discretionary services and services that are competitive.
(c) Specify the provisions of this chapter and chapter 707 of NRS that do not apply to a public utility that elects to be regulated under the alternative plan.
5. A public utility that elects to be regulated under the alternative plan established pursuant to subsection 4 is not subject to the remaining provisions of this chapter or chapter 707 of NRS to the extent specified pursuant to paragraph (c) of subsection 4.
6. All providers of telecommunication services which offer the same or similar service must be subject to fair and impartial regulation, to promote adequate, economical and efficient service.
7. The commission may provide for the levy and collection of an assessment, in an amount determined by the commission, from a public utility that provides telecommunication services in order to maintain the availability of telephone service. Assessments levied pursuant to this subsection must be maintained in a separate fund established by the commission. The commission shall contract with an independent administrator to administer the fund pursuant to open competitive bidding procedures established by the commission.
κ1995 Statutes of Nevada, Page 403 (CHAPTER 247, AB 603)κ
shall contract with an independent administrator to administer the fund pursuant to open competitive bidding procedures established by the commission. The independent administrator shall collect the assessments levied and distribute them from the fund pursuant to a plan which has been approved by the commission. Money in the fund must be used for the sole purpose of maintaining the availability of telephone service.
8. For the purposes of this section, interexchange carrier means any person providing intrastate telecommunications service for a fee between two or more exchanges.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 554Assemblymen Bennett, Harrington, de Braga, Bache, Lambert, Nolan, Goldwater, Ohrenschall, Fettic, Giunchigliani, Anderson, Manendo, Williams, Close, Carpenter, Stroth, Steel, Buckley, Braunlin and Price
CHAPTER 248
AN ACT relating to occupational safety; prohibiting the use of certain titles relating to professions in industrial hygiene and safety without the certification or recognition of the American Board of Industrial Hygiene or the Board of Certified Safety Professionals; providing a penalty; and providing other matters properly relating thereto.
[Approved June 16, 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. A person shall not hold himself out as:
(a) An associate safety professional or use in connection with his name the words or letters Associate Safety Professional or A.S.P. or any other title, word, letter or other designation intended to imply or designate that he is an associate safety professional, unless he is recognized as such by the Board of Certified Safety Professionals.
(b) A certified industrial hygienist or use in connection with his name the words or letters Certified Industrial Hygienist or C.I.H. or any other title, word, letter or other designation intended to imply or designate that he is a certified industrial hygienist, unless he is certified as such by the American Board of Industrial Hygiene.
(c) A certified safety professional or use in connection with his name the words or letters Certified Safety Professional or C.S.P. or any other title, word, letter or other designation intended to imply or designate that he is a certified safety professional, unless he is certified as such by the Board of Certified Safety Professionals.
(d) An industrial hygienist in training or use in connection with his name the words or letters Industrial Hygienist in Training or I.H.I.T. or any other title, word, letter or other designation intended to imply or designate that he is an industrial hygienist in training, unless he is certified as such by the American Board of Industrial Hygiene.
κ1995 Statutes of Nevada, Page 404 (CHAPTER 248, AB 554)κ
that he is an industrial hygienist in training, unless he is certified as such by the American Board of Industrial Hygiene.
(e) An occupational health and safety technologist or use in connection with his name the words Occupational Health and Safety Technologist or O.H.S.T. or any other title, word, letter or other designation intended to imply or designate that he is an occupational health and safety technologist, unless he is certified as such by the Joint Committee of the American Board of Industrial Hygiene and the Board of Certified Safety Professionals.
2. The division shall report any alleged violation of subsection 1 to the district attorney of the county in which the alleged violation occurred.
3. Any governmental entity that has issued a license to conduct business in this state as an associate safety professional, a certified industrial hygienist, a certified safety professional, an industrial hygienist in training or an occupational health and safety technologist to a person who is convicted of violating any provision of subsection 1 shall revoke that license and send notice of the revocation to the licensee by certified mail.
4. Any person who violates a provision of subsection 1 is guilty of a misdemeanor.
________
Assembly Bill No. 547Assemblymen Fettic, Sandoval, Hettrick, Spitler, Monaghan, Dini and Tiffany
CHAPTER 249
AN ACT relating to housing; revising the provisions governing discrimination against certain persons in the sale or rental of a dwelling; and providing other matters properly relating thereto.
[Approved June 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 118.060 is hereby amended to read as follows:
118.060 1. Dwelling means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
2. Dwelling does not include:
(a) A single-family house sold or rented by an owner if:
(1) [Such] The owner does not own more than three [such] single-family houses at any one time [; or
(2) Such] or the owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three [such] single-family houses at any one time; [and
(3) Such]
κ1995 Statutes of Nevada, Page 405 (CHAPTER 249, AB 547)κ
(2) The house was sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, real estate broker-salesman or real estate salesman licensed pursuant to chapter 645 of NRS; and
[(4) Such]
(3) The house was sold or rented without the publication, posting or mailing of any notice, statement or advertisement prohibited by [subsection 3] paragraph (c) of subsection 1 of NRS 118.100.
(b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by [no] not more than four families living independently of each other if the owner actually maintains and occupies one of [such] the living quarters as his residence and [such] the owner has not within the preceding 12-month period participated:
(1) As the principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or
(2) As an agent, otherwise than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein.
3. The sale of a single-family house by an owner not residing in [such] that house at the time of the sale or who was not the most recent resident of [such house prior to] that house before the sale [shall] does not bring [such] the house within the definition of dwelling unless there is more than one such sale within any 24-month period.
Sec. 2. NRS 118.100 is hereby amended to read as follows:
118.100 [No person may,]
1. Except as otherwise provided in subsection 2, a person shall not, because of race, religious creed, color, national origin, disability, ancestry, familial status or sex:
[1.] (a) Refuse to sell or rent or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person.
[2.] (b) Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, including the amount of breakage or brokerage fees, deposits or other undue penalties, or in the provision of services or facilities in connection therewith.
[3.] (c) Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination, or an intention to make any [such] preference, limitation or discrimination.
[4.] (d) Represent to any person because of race, religious creed, color, national origin, disability, ancestry, familial status or sex that any dwelling is not available for inspection, sale or rental when the dwelling is in fact so available.
[5.] (e) For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, religious creed, color, national origin, disability, ancestry, familial status or sex.
[6.] (f) Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encourage any other person in the exercise or enjoyment of, any right granted or protected in this chapter.
κ1995 Statutes of Nevada, Page 406 (CHAPTER 249, AB 547)κ
encourage any other person in the exercise or enjoyment of, any right granted or protected in this chapter.
2. The provisions of subsection 1 do not prohibit any act that is not prohibited by the provisions of the Fair Housing Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended.
________
Assembly Bill No. 553Committee on Judiciary
CHAPTER 250
AN ACT relating to attorneys; clarifying that an attorney who has been appointed as a special prosecutor for a limited duration with limited jurisdiction may undertake the legal defense of other persons under certain circumstances; and providing other matters properly relating thereto.
[Approved June 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 7.105 is hereby amended to read as follows:
7.105 1. Except as otherwise provided in subsection 2 and NRS 7.065:
[1.] (a) The attorney general and every city attorney, district attorney and the deputies and assistants of each, hired or elected to prosecute persons charged with the violation of any ordinance or any law of this state; and
[2.] (b) The legislative counsel and every attorney employed in the legislative counsel bureau, without the consent of the legislative commission,
shall not, during their terms of office or during the time they are so employed, in any court of this state, accept an appointment to defend, agree to defend or undertake the defense of any person charged with the violation of any ordinance or any law of this state.
2. An attorney who has been appointed to prosecute a person for a limited duration with limited jurisdiction may accept an appointment or otherwise engage in private employment to defend any other person charged with the violation of any ordinance or any law of this state, unless providing the defense would result in a direct, legal or ethical conflict of interests with his appointment to prosecute.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1995 Statutes of Nevada, Page 407κ
Assembly Bill No. 454Committee on Government Affairs
CHAPTER 251
AN ACT relating to public investments; requiring the state treasurer to adopt regulations which he deems necessary to carry out his duties relating to public investments; authorizing the state treasurer to lend securities under certain circumstances; and providing other matters properly relating thereto.
[Approved June 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 355 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The state treasurer shall adopt regulations which he deems necessary to carry out his duties pursuant to the provisions of this chapter.
Sec. 3. The state treasurer may lend securities from the investment portfolio of this state if he receives collateral from the borrower which represents at least 102 percent of the value of the securities borrowed. For the purposes of this section, the value of the securities borrowed must be determined on a daily basis.
Sec. 4. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 427Assemblymen Ohrenschall, Segerblom, Krenzer, Perkins, Spitler, Neighbors, Steel, Stroth, Humke, Anderson, Buckley, Monaghan, Manendo, Goldwater, Batten, Sandoval, Carpenter, Chowning, Close, de Braga, Schneider, Allard, Braunlin, Harrington, Evans, Giunchigliani, Freeman, Nolan, Brower, Bache, Fettic and Dini
CHAPTER 252
AN ACT relating to prisons; requiring the notification of certain persons before the release of an offender convicted of specified crimes related to children; and providing other matters properly relating thereto.
[Approved June 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.5698 is hereby amended to read as follows:
178.5698 1. The prosecuting attorney, sheriff or chief of police shall, upon the written request of [each such] a victim or witness, inform him:
(a) When the defendant is released from custody at any time before or during the trial;
(b) If the defendant is so released, the amount of bail required, if any; and
(c) Of the final disposition of the criminal case in which he was directly involved.
κ1995 Statutes of Nevada, Page 408 (CHAPTER 252, AB 427)κ
2. [If] Except as otherwise provided in subsection 3, if the crime was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides his current address, notify him at that address when the offender is released from the prison. [If a current address is not provided, the warden may not be held responsible if this information is not received by the victim or witness.]
3. If the offender was convicted of a violation of paragraph (c) of subsection 2 of NRS 200.366 or a violation of subsection 2 of NRS 200.508, the warden of the prison shall notify:
(a) The immediate family of the victim if the immediate family provides their current address;
(b) Any member of the victims family related within the third degree of consanguinity, if the member of the victims family so requests in writing and provides his current address; and
(c) The victim, if he will be 18 years of age or older at the time of the release and has provided his current address,
before the offender is released from prison.
4. The warden must not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to this section if no address was provided to him or if the address provided is inaccurate or not current.
5. As used in this section, immediately family means any adult relative of the victim living in the victims household.
________
Senate Bill No. 373Committee on Judiciary
CHAPTER 253
AN ACT relating to parole; requiring notice of a parole hearing to be provided to certain victims within a specified time; requiring certain victims to be notified of a final decision concerning an application for parole; and providing other matters properly relating thereto.
[Approved June 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.130 is hereby amended to read as follows:
213.130 1. A prisoner sentenced to imprisonment in the state prison may apply to the board for parole. The application must be made on a form prescribed by the board and must contain such data as will assist the board in determining whether parole should be granted. The secretary of the board shall furnish any prisoner an application form upon request.
2. Meetings for the purpose of considering applications for parole may be held semiannually or more often, on such dates as may be fixed by the board. All meetings must be open to the public.
3. Not later than 5 days after the date on which the board fixes the date of the meeting to consider the application of a prisoner for parole, the board shall notify the victim of the prisoner whose application is being considered of the date of the meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victims current address is otherwise known by the board.
κ1995 Statutes of Nevada, Page 409 (CHAPTER 253, SB 373)κ
shall notify the victim of the prisoner whose application is being considered of the date of the meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victims current address is otherwise known by the board. The victim of any person applying for parole may submit documents to the board and may testify at the meeting held to consider the application. [No] An application for parole [may] must not be considered until the board has notified [the] any victim of his rights pursuant to this subsection and he is given the opportunity to exercise those rights. [, if he so requests in writing and provides his current address.] If a current address is not provided [,] to or otherwise known by the board, the board may not be held responsible if such notification is not received by the victim.
4. The board may deliberate in private after a public meeting held to consider an application for parole.
5. The board of state prison commissioners shall provide suitable and convenient rooms or space for use of the board.
6. If a victim is notified of a meeting to consider an application for parole pursuant to subsection 3, the board shall, upon making a final decision concerning the application, notify the victim of its final decision.
7. For the purposes of this section, victim has the meaning ascribed to it in NRS 213.005.
________
Senate Bill No. 313Senators Washington, James, OConnell, Adler, Augustine, Coffin, Jacobsen, Lee, Lowden, Mathews, McGinness, ODonnell, Porter, Raggio, Rawson, Regan, Rhoads, Shaffer, Titus and Townsend
CHAPTER 254
AN ACT relating to restitution; authorizing the state board of parole commissioners to include as a condition of parole that the parolee execute an assignment of wages for restitution; authorizing a court to include as a condition of probation or suspension of sentence that the defendant execute such an assignment of wages; and providing other matters properly relating thereto.
[Approved June 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.126 is hereby amended to read as follows:
213.126 1. Unless complete restitution was made while the parolee was incarcerated, the board shall impose as a condition of parole, in appropriate circumstances, a requirement that the parolee make restitution to the person or persons named in the statement of parole conditions, including restitution to a governmental entity for expenses related to extradition, at the times specified in the statement unless the board finds that restitution is impracticable. The amount of restitution must be the amount set by the court pursuant to NRS 176.033. In appropriate circumstances, the board shall [provide for] include as a condition of parole that the parolee execute an assignment of wages earned by [the parolee] him while on parole to the division for restitution.
κ1995 Statutes of Nevada, Page 410 (CHAPTER 254, SB 313)κ
include as a condition of parole that the parolee execute an assignment of wages earned by [the parolee] him while on parole to the division for restitution.
2. All money received by the division for restitution for:
(a) One victim may; and
(b) More than one victim must,
be deposited in the state treasury for credit to the restitution trust fund which is hereby created.
3. The division shall make pro rata payments from the money received from the parolee to each person to whom the restitution was ordered pursuant to NRS 176.033. Such a payment must be made:
(a) If the money received from the parolee in a single payment is $200 or more or if the total accumulated amount received from the parolee is $200 or more, whenever money is received from the parolee.
(b) If the money received from the parolee in a single payment is less than $200 or if the total accumulated amount received from the parolee is less than $200, at the end of each year until the parolee has paid the entire restitution owed.
Any money received from the parolee that is remaining at the end of each year must be paid at that time in pro rata payments to each person to whom the restitution was ordered. A final pro rata payment must be made to such persons when the parolee pays the entire restitution owed.
4. A person to whom restitution was ordered pursuant to NRS 176.033 may at any time file an application with the division requesting the division to make a pro rata payment from the money received from the parolee. If the division finds that the applicant is suffering a serious financial hardship and is in need of financial assistance, the division shall pay to the applicant his pro rata share of the money received from the parolee.
5. All payments from the fund must be paid as other claims against the state are paid.
6. If restitution is not required, the board shall set forth the circumstances upon which it finds restitution impracticable in its statement of parole conditions.
7. Failure to comply with a restitution requirement imposed by the board is a violation of a condition of parole unless the parolees failure was caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of that hardship.
8. If, within 3 years after the parolee is discharged from parole, the division has not located the person to whom the restitution was ordered, the money paid to the division by the parolee must be deposited in the fund for the compensation of victims of crime.
Sec. 2. NRS 176.189 is hereby amended to read as follows:
176.189 1. The court shall order as a condition of probation or suspension of sentence, in appropriate circumstances, that the defendant make full or partial restitution to the person or persons named in the order, at the times and in the amounts specified in the order unless the court finds that restitution is impracticable. Such an order may require payment for medical or psychological treatment of any person whom the defendant has injured. In appropriate circumstances, the court shall include as a condition of probation or suspension of sentence that the defendant execute an assignment of wages earned by him while on probation or subject to the conditions of suspension of sentence to the division for restitution.
κ1995 Statutes of Nevada, Page 411 (CHAPTER 254, SB 313)κ
suspension of sentence that the defendant execute an assignment of wages earned by him while on probation or subject to the conditions of suspension of sentence to the division for restitution.
2. All money received by the division for restitution for:
(a) One victim may; and
(b) More than one victim must,
be deposited with the state treasurer for credit to the restitution trust fund. All payments from the fund must be paid as other claims against the state are paid.
3. If restitution is not required, the court shall set forth the circumstances upon which it finds restitution impracticable in its order of probation or suspension of sentence.
4. Failure to comply with the terms of an order for restitution is a violation of a condition of probation or suspension of sentence unless the defendants failure has been caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of such a hardship.
5. If, within 3 years after the defendant has been discharged from probation, the division has not located the person to whom the restitution was ordered, the money paid by the defendant must be deposited with the state treasurer for credit to the fund for the compensation of victims of crime.
________
Assembly Bill No. 69Assemblyman Allard
CHAPTER 255
AN ACT relating to the business tax; providing a partial exemption from the business tax for businesses that employ certain pupils; and providing other matters properly relating thereto.
[Approved June 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 364A of NRS is hereby amended by adding thereto a new section to read as follows:
If a business employs in a calendar quarter a pupil as part of a program supervised by a school district which combines work and study, the business may exclude the total number of hours worked by the pupil in that quarter, and an equal number of hours worked by one full-time employee or one part-time employee in that quarter, in calculating the total number of hours worked by all employees pursuant to NRS 364A.150.
Sec. 2. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 412κ
Senate Bill No. 192Senators James, OConnell, Adler, Augustine, Coffin, Jacobsen, Lee, Lowden, Mathews, McGinness, ODonnell, Porter, Raggio, Rawson, Regan, Shaffer, Titus, Townsend and Washington
CHAPTER 256
AN ACT relating to sexual deviants; increasing the penalty for certain crimes related to sex; providing for lifetime supervision of certain sex offenders; expanding the definition of sexual offense for the purpose of requiring sex offenders to have their blood and saliva tested for inclusion in the central repository for Nevada records of criminal history; requiring the attorney general to adopt guidelines for notification of the release of sex offenders from confinement; and providing other matters properly relating thereto.
[Approved June 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.366 is hereby amended to read as follows:
200.366. 1. A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the victims will or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.
2. [Any] Except as otherwise provided in subsection 3 a person who commits a sexual assault shall be punished:
(a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault:
(1) By imprisonment in the state prison for life, without the possibility of parole; or
(2) By imprisonment in the state prison for life with the possibility of parole, eligibility for which begins when a minimum of 10 years has been served.
(b) If no substantial bodily harm to the victim results:
(1) By imprisonment in the state prison for life, with the possibility of parole, beginning when a minimum of 5 years has been served; or
(2) By imprisonment in the state prison for any definite term of 5 years or more, with eligibility for parole beginning when a minimum of 5 years has been served.
[(c) If the victim was a child under the age of 14 years, by imprisonment in the state prison for life with possibility of parole, eligibility for which begins when a minimum of 10 years has been served.]
3. A person who commits a sexual assault against a child under the age of 16 years shall be punished:
(a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.
(b) If the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for:
(1) Life with the possibility of parole, beginning when a minimum of 20 years has been served; or
κ1995 Statutes of Nevada, Page 413 (CHAPTER 256, SB 192)κ
(2) Any definite term of not less than 5 years nor more than 20 years, without the possibility of parole.
4. The trier of fact in a trial for sexual assault shall determine whether substantial bodily harm has been inflicted on the victim in connection with or as a part of the sexual assault, and if so, the sentence to be imposed upon the perpetrator.
Sec. 2. NRS 200.400 is hereby amended to read as follows:
200.400 1. As used in this section, battery means any willful and unlawful use of force or violence upon the person of another.
2. Any person convicted of battery with intent to kill, commit [sexual assault,] mayhem, robbery or grand larceny shall be punished 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 .[, except that if a battery with intent to commit a sexual assault is committed, and if the crime results in substantial bodily harm to the victim, the person convicted shall be punished by imprisonment in the state prison for life, with or without the possibility of parole, as determined by the verdict of the jury, or the judgment of the court if there is no jury.]
3. A person convicted of battery with intent to commit sexual assault shall be punished:
(a) If the crime results in substantial bodily harm to the victim, by imprisonment in the state prison for life with or without the possibility of parole, as determined by the verdict of the jury or the judgment of the court if there is no jury;
(b) If the crime does not result in substantial bodily harm to the victim and the victim is 16 years of age or older, by imprisonment in the state prison for not less than 2 years nor more than 10 years; or
(c) If the crime does not result in substantial bodily harm to the victim and the victim was a child under the age of 16, by imprisonment in the state prison for not less than 5 years nor more than 15 years, without the possibility of parole,
and may be further punished by a fine of not more than $10,000.
4. If the penalty is fixed at life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
Sec. 3. Chapter 175 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In any case in which a defendant pleads or is found guilty of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home, the court shall, at the request of the prosecuting attorney and for the purposes of carrying out the provisions of section 4 and 7 to 10, inclusive, of this act, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.
2. A hearing requested pursuant to subsection 1 must be conducted before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
κ1995 Statutes of Nevada, Page 414 (CHAPTER 256, SB 192)κ
3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.
4. The court shall enter its finding in the record.
5. For the purposes of this section, an offense is sexually motivated if one of the purposes for which the person committed the offense was his sexual gratification.
Sec. 4. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. When a defendant pleads or is found guilty of a sexual offense, the judge shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision to commence after any period of probation or any term of imprisonment and period of release on parole.
2. The special sentence of lifetime supervision must begin upon the release of a sex offender from incarceration.
3. A person sentenced to lifetime supervision may petition the court for release from lifetime supervision. The court shall grant a petition for release from a special sentence of lifetime supervision if:
(a) The person has not committee a crime for 15 years after his last conviction or release from incarceration, whichever occurs later; and
(b) The person is not likely to pose a threat to the safety of others if released from supervision.
4. As used in this section, sexual offense means:
(a) A violation of NRS 200.366, subsection 3 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to section 3 of this act.
Sec. 5. NRS 176.111 is hereby amended to read as follows:
176.111 1. When a defendant is convicted of a sexual offense, the court, by order, shall direct the defendant to submit to a blood and saliva test, to be made by qualified persons, under such restrictions and directions as the court deems proper. The tests must include analyses of his blood to determine its genetic markers and of his saliva to determine its secretor status. The court shall order that the results of the tests be submitted to the central repository for Nevada records of criminal history.
2. For the purposes of this section, sexual offense means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
(c) Battery with intent to commit a sexual assault pursuant to NRS 200.400;
(d) Use of a minor in producing pornography pursuant to NRS 200.710;
[(d)] (e) Promotion of a sexual performance of a minor pursuant to NRS 200.720;
κ1995 Statutes of Nevada, Page 415 (CHAPTER 256, SB 192)κ
[(e)] (f) Possession of a visual representation depicting the sexual conduct of a person under 16 years of age pursuant to NRS 200.730;
(g) Incest pursuant to NRS 201.180; [or
(f)] (h) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
(i) Open or gross lewdness pursuant to NRS 201.210;
(j) Indecent or obscene exposure pursuant to NRS 201.220;
(k) Lewdness with a child pursuant to NRS 201.230 [.] ;
(l) Sexual penetration of a dead human body pursuant to NRS 201.450;
(m) Annoyance or molestation of a minor pursuant to NRS 207.260; or
(n) An attempt to commit any offense listed in this subsection.
Sec. 6. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 10, inclusive, of this act.
Sec. 7. 1. The board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.
2. Lifetime supervision shall be deemed a form of parole for the limited purposes of the applicability of the provisions of subsection 9 of NRS 213.1095, NRS 213.1096, 213.10973 and subsection 2 of NRS 213.110.
3. A person who violates a condition imposed on him pursuant to the program of lifetime supervision is guilty of a felony.
Sec. 8. 1. There is hereby created an advisory council for community notification. The council consists of:
(a) Three members, of whom no more than two may be of the same political party, appointed by the governor; and
(b) Four members, of whom no more than two may be of the same political party, appointed by the legislative commission.
2. Each member serves a term of 4 years. Members may be reappointed for additional terms of 4 years in the same manner as the original appointments.
3. Any vacancies occurring in the membership of the council must be filled in the same manner as the original appointments.
4. The council shall consult with and provide recommendations to the attorney general concerning guidelines and procedures for the notification of the community where a sex offender is to be released on parole.
Sec. 9. 1. The attorney general shall consult with the advisory council for community notification and shall establish guidelines and procedures for the notification of the community where a sex offender will be released on parole.
2. The guidelines and procedures established by the attorney general must identify and incorporate factors relevant to the sex offenders risk of recidivism. Factors relevant to the risk of recidivism include, but are not limited to:
(a) Conditions of release that minimize the risk of recidivism, including probation or parole, counseling, therapy or treatment;
(b) Physical conditions that minimize the risk of recidivism, including advanced age or debilitating illness; and
(c) Any criminal history of the sex offender indicative of a high risk of recidivism, including:
κ1995 Statutes of Nevada, Page 416 (CHAPTER 256, SB 192)κ
(1) Whether the conduct of the sex offender was found to be characterized by repetitive and compulsive behavior;
(2) Whether the sex offender committed the sexual offense against a child;
(3) Whether the sexual offense involved the use of a weapon, violence or infliction of serious bodily injury;
(4) The number, date and nature of prior offenses;
(5) Whether psychological or psychiatric profiles indicate a risk of recidivism;
(6) The offenders response to treatment;
(7) Any recent threats against a person or expressions of intent to commit additional crimes; and
(8) Behavior while confined.
3. The procedures for notification established by the attorney general must provide for three levels of notification by the law enforcement agency in whose jurisdiction the sex offender is to be released depending upon the risk of recidivism by the sex offender as follows:
(a) If the risk of recidivism is low, other law enforcement agencies likely to encounter the sex offender must be notified.
(b) If the risk of recidivism is moderate, in addition to the notice required by paragraph (a), schools and religious and youth organizations must be notified.
(c) If the risk of recidivism is high, in addition to the notice required by paragraphs (a) and (b), the public must be notified through means designed to reach members of the public likely to encounter the sex offender.
4. The attorney general shall establish procedures for the evaluation of the risk of recidivism and implementation of community notification that promote the uniform application of the notification guidelines required by this section.
5. This section must not be construed to prevent law enforcement officers from providing community notification concerning any person who poses a danger to the welfare of the public.
Sec. 10. The law enforcement agency in whose jurisdiction a sex offender will be released on parole shall disclose information regarding the sex offender to the appropriate parties pursuant to the procedures established by the attorney general pursuant to section 9 of this act. The law enforcement agency is immune from civil liability for damages for disclosing or failing to disclose information regarding a sex offender pursuant to the provisions of this section.
Sec. 11. 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,] Senate Bill No. 61 of this session and sections 7 to 10, inclusive, of this act, unless the context 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.
κ1995 Statutes of Nevada, Page 417 (CHAPTER 256, SB 192)κ
5. Sex offender means any person who has been or is convicted of a sexual offense.
6. Sexual offense means:
(a) A violation of NRS 200.366, subsection 3 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to section 3 of this act.
7. 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. 12. 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.] Senate Bill No. 61 of this session.
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] to 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.
κ1995 Statutes of Nevada, Page 418 (CHAPTER 256, SB 192)κ
6. The board shall not release on parole a sex offender until the law enforcement agency in whose jurisdiction a sex offender will be released on parole has been provided an opportunity to give the notice required by the attorney general pursuant to section 10 of this act.
Sec. 13. As soon as practicable after October 1, 1995:
1. The governor shall, pursuant to section 8 of this act, appoint three members to the advisory council for community notification for an initial term of 4 years commencing on January 1, 1996.
2. The legislative commission shall, pursuant to section 8 of this act, appoint four members to the advisory council for community notification for an initial term of 4 years commencing on January 1, 1996.
Sec. 14. The amendatory provisions of sections 1, 2 and 4 of this act do not apply to an offense which was committed before October 1, 1995.
________
Senate Bill No. 265Senator Titus
CHAPTER 257
AN ACT relating to state buildings; requiring the state council on the arts, state public works board and buildings and grounds division of the department of administration to cooperate to plan the potential purchase and placement of works of art to be placed inside or on the grounds surrounding state buildings; requiring the state council on the arts to report to the legislature works of art that need repair, restoration or replacement; and providing other matters properly relating thereto.
[Approved June 16, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 233C of NRS is hereby amended by adding thereto a new section to read as follows:
The council shall periodically cause an examination to be made of the physical condition of the works of art acquired for inclusion in public works to determine which works of art need repair, restoration or replacement and shall report this information to the legislature.
Sec. 2. NRS 233C.090 is hereby amended to read as follows:
233C.090 1. The council shall stimulate throughout the state the presentation of the performing and fine arts and encourage artistic expression essential for the well-being of the arts, and shall make, before September 1 of each even-numbered year, a report covering the biennium ending June 30 of [such] that year to the governor and the legislature on [their] its progress in this regard.
2. The council is hereby authorized to:
(a) Hold public and private hearings;
(b) Enter into contracts, within the limit of [funds] money available therefor, with:
(1) [Individuals,] Natural persons, organizations and institutions for services furthering the educational objectives of the council; and
κ1995 Statutes of Nevada, Page 419 (CHAPTER 257, SB 265)κ
(2) Local and regional associations for cooperative endeavors furthering the educational objectives of the councils programs;
(c) Accept gifts, contributions and bequests of unrestricted [funds from individuals,] money from natural persons, foundations, corporations and other organizations and institutions for the purpose of furthering the educational objectives of the councils programs; and
(d) Make any agreement appropriate to carry out the purposes of this chapter.
3. The council [shall be] is the sole and official agency of this state to receive and disburse any [funds] money made available to the state by the National Endowment for the Arts pursuant to 20 U.S.C. § [954(h).] 954.
4. The council may request and [shall] must receive from any department, division, board, bureau, commission or agency of the state such assistance and data, as feasible and available, as will enable the council properly to carry out the purposes of this chapter.
5. The council shall cooperate with the state public works board and the buildings and grounds division of the department of administration to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.
Sec. 3. NRS 331.100 is hereby amended to read as follows:
331.100 The chief has the following specific powers and duties:
1. To keep all buildings, rooms, basements, floors, windows, furniture and appurtenances clean, orderly and presentable as befitting public property.
2. To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.
3. Under the supervision of the state fire marshal, to make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his control.
4. To make arrangements and provision for the maintenance of the states water system supplying the state-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.
5. To make arrangements for the installation and maintenance of water meters designed to measure accurately the quantity of water obtained from sources not owned by the state.
6. To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the Capitol Building at Carson City, or on any other state-owned grounds where such installation is practical or necessary.
7. To investigate the feasibility, and economies resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the Capitol Building at Carson City, assuming the buildings were served with power as one unit.
κ1995 Statutes of Nevada, Page 420 (CHAPTER 257, SB 265)κ
8. To purchase, use and maintain such supplies and equipment as are necessary for the care, maintenance and preservation of the buildings and grounds under his supervision and control.
9. Subject to the provisions of chapter 426 of NRS relative to the operation of vending stands in or on public buildings and properties by blind persons, to install or remove vending machines and vending stands in the buildings under his supervision and control, and to have control of and be responsible for their operation.
10. To cooperate with the state council on the arts and the state public works board to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.
Sec. 4. NRS 341.211 is hereby amended to read as follows:
341.211 The board shall:
1. Cooperate with other departments and agencies of the state in their planning efforts.
2. Advise and cooperate with municipal, county and other local planning commissions within the state for the purpose of promoting coordination between the state and the local plans and developments.
3. Cooperate with the state council on the arts and the buildings and grounds division of the department of administration to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.
________
Assembly Bill No. 91Committee on Judiciary
CHAPTER 258
AN ACT relating to juvenile offenders; requiring the evaluation of a juvenile offender who unlawfully drives while under the influence of intoxicating liquor or a controlled substance to determine if he abuses alcohol or other drugs; providing for the treatment of such an offender; providing for the payment of that evaluation and treatment; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.37943 is hereby amended to read as follows:
484.37943 1. If a person is found guilty of a first violation, if the weight of alcohol in the defendants blood at the time of the offense was 0.18 percent or more, or any second violation of NRS 484.379 within 7 years, the court shall, before sentencing the offender:
(a) Require the evaluation of the offender by an evaluation center to determine if he is an abuser of alcohol or other drugs; and
(b) Order the offender to pay an assessment of not more than $100 and render a judgment against him for the assessment.
2. If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require the evaluation of the offender by an evaluation center to determine if he is an abuser of alcohol or other drugs.
κ1995 Statutes of Nevada, Page 421 (CHAPTER 258, AB 91)κ
sentencing the offender, require the evaluation of the offender by an evaluation center to determine if he is an abuser of alcohol or other drugs.
3. The evaluation of an offender pursuant to this section must be conducted at an evaluation center by:
(a) A counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A physician certified to make that classification by the board of medical examiners; or
(c) A person who is approved to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation,
who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required by the offender.
[3.] 4. The money collected as an assessment pursuant to this section must:
(a) Not be deducted from any fine imposed;
(b) Be taxed against the offender in addition to the fine;
(c) Be stated separately on the courts docket; and
(d) Be expended to offset the cost of the evaluation required by this section, including, but not limited to, the cost of staffing the evaluation center, equipment used at the center and maintaining the center.
Sec. 2. NRS 484.37945 is hereby amended to read as follows:
484.37945 1. When a program of treatment is ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792, the court shall place the offender under the clinical supervision of a treatment facility for treatment for not less than 30 days nor more than 6 months, in accordance with the report submitted to the court pursuant to subsection [2] 3 of NRS 484.37943. The court may : [, at its discretion:]
(a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or
(b) Release the offender for treatment in the community,
for the period of supervision ordered by the court.
2. The court shall:
(a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and
(b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all of those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.
3. A treatment facility is not liable for any damages to person or property caused by a person who drives while under the influence of intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792.
κ1995 Statutes of Nevada, Page 422 (CHAPTER 258, AB 91)κ
Sec. 3. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed the unlawful act of driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379 or 484.3795, the judge, or his authorized representative, shall require the child to undergo an evaluation by an evaluation center to determine if the child is an abuser of alcohol or other drugs.
2. The evaluation of a child pursuant to this section must be conducted at an evaluation center by:
(a) A counselor certified to make that classification by the bureau of alcohol and drug abuse;
(b) A physician certified to make that classification by the board of medical examiners; or
(c) A person who is approved to make that classification by the bureau of alcohol and drug abuse,
who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
3. The judge may:
(a) Order the child to undergo a program of treatment as recommended by the evaluation center.
(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all of those charges:
(1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal 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 the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. A treatment facility is not liable for any damages to person or property caused by a child who drives while under the influence of an intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.
κ1995 Statutes of Nevada, Page 423 (CHAPTER 258, AB 91)κ
5. The provisions of this section do not prohibit a judge from:
(a) Requiring an evaluation to be conducted by an evaluation center that is administered by a private company if the company meets the standards of the bureau of alcohol and drug abuse; or
(b) Ordering the child to attend a program of treatment which is administered by a private company.
6. All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the drivers record of that child for 7 years after the date of the offense.
7. As used in this section:
(a) Bureau of alcohol and drug abuse means the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation.
(b) Evaluation center has the meaning ascribed to it in NRS 484.3793.
(c) Treatment facility has the meaning ascribed to it in NRS 484.3793.
Sec. 4. The amendatory provisions of this act do not apply to persons who violate or are found by a juvenile court to be in violation of NRS 484.379 or 484.3795 before October 1, 1995.
________
Senate Bill No. 523Committee on Finance
CHAPTER 259
AN ACT relating to the state department of conservation and natural resources; establishing by statute the Nevada natural heritage program within the department; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.090 is hereby amended to read as follows:
232.090 1. The department consists of the director and the following divisions:
(a) The division of water resources.
(b) The division of state lands.
(c) The division of forestry.
(d) The division of state parks.
(e) The division of conservation districts.
(f) The division of environmental protection.
(g) The division of water planning.
κ1995 Statutes of Nevada, Page 424 (CHAPTER 259, SB 523)κ
(h) The division of wildlife.
(i) Such other divisions as the director may from time to time establish.
2. The state environmental commission, the state conservation commission, the agency for nuclear projects , the Nevada natural heritage program and the board to review claims are within the department.
Sec. 2. This act becomes effective on July 1, 1995.
________
Senate Bill No. 522Committee on Finance
CHAPTER 260
AN ACT relating to delinquent juveniles; requiring the deposit of money collected for the support and maintenance of certain juveniles in an administrative account for the division of child and family services of the department of human resources; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 210.180 is hereby amended to read as follows:
210.180 1. A court may commit to the school, and the administrator may place in the school, any person between the ages of 12 and 18 years who is found to be delinquent. Before any person is conveyed to the school, the superintendent shall determine whether adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person must be delivered to the school. The superintendent shall accept the person unless:
(a) There are not adequate facilities available to provide the necessary care;
(b) There is not adequate money available for the support of the school; or
(c) In the opinion of the superintendent, the person is not suitable for admission to the school.
2. The court may order, when committing a person to the care, custody and control of the school, that the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. Such payments must be paid to the administrator, who shall immediately deposit the money with the state treasurer for credit to a separate account in the state general fund [.] for expenditure by the administrator to carry out the powers and duties of the administrator and the division of child and family services of the department of human resources.
3. The court shall order, before commitment, that the person be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis and an examination for venereal disease, by a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination.
κ1995 Statutes of Nevada, Page 425 (CHAPTER 260, SB 522)κ
claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.
Sec. 2. NRS 210.580 is hereby amended to read as follows:
210.580 1. A court may commit to the school, and the administrator may place in the school, any person between the ages of 12 and 18 years who is found to be delinquent. Before any person is conveyed to the school, the superintendent shall determine whether adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person must be delivered to the school. The superintendent shall accept the person unless:
(a) There are not adequate facilities available to provide the necessary care;
(b) There is not adequate money available for the support of the school; or
(c) In the opinion of the superintendent, the person is not suitable for admission to the school.
Upon the written request of the superintendent, at any time either before or after commitment to the school, the court may order commitment to a school outside of the State of Nevada which is approved by the board, or to a private institution within the State of Nevada.
2. The court may order, when committing a person to the care, custody and control of the school, that the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. Such payments must be paid to the administrator, who shall immediately deposit the money with the state treasurer for credit to a separate account in the state general fund [.] for expenditure by the administrator to carry out the powers and duties of the administrator and the division of child and family services of the department of human resources.
3. The court shall order, before commitment, that the person be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis, and an examination for venereal disease by a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.
Sec. 3. NRS 62.213 is hereby amended to read as follows:
62.213 1. If the court finds that a child who is 8 years of age or older is:
(a) Delinquent;
(b) In need of placement in a correctional or institutional facility; and
(c) In need of residential psychiatric services or other residential services for his mental health, if the child is 12 years of age or older,
the court may, in addition to the options set forth in subsection 1 of NRS 62.211, commit the child to the custody of the division of child and family services of the department of human resources for suitable placement by the division pursuant to NRS 62.215.
κ1995 Statutes of Nevada, Page 426 (CHAPTER 260, SB 522)κ
2. The court may order, when committing a child to the custody of the division of child and family services pursuant to this section, that the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. Those payments must be paid to the administrator of the division of child and family services, who shall immediately deposit the money with the state treasurer for credit to a separate account in the state general fund [.] for expenditure by the administrator to carry out the powers and duties of the administrator and the division of child and family services.
3. The court shall order, before committing a child to the custody of the division of child and family services pursuant to this section, that the child be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis and examination for venereal disease, by a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the court. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the court shall immediately forward a copy of the written report to the administrator of the division of child and family services.
Sec. 4. NRS 232.464 is hereby amended to read as follows:
232.464 1. Except as otherwise provided in subsections 2 and 3 and by specific statute:
(a) The division shall:
(1) Establish and impose a schedule of fees for services rendered through each of its programs. The highest fee established for a service must approximate the cost of providing the service.
(2) Establish a scale proportionate to income so that families whose income is low can afford services preventive of greater expense to the family or the public afterward.
(3) Submit the schedule to the director for approval before enforcement.
(b) The fees collected pursuant to the schedule must be deposited in the state treasury to the credit of the state general fund.
(c) The administrator may waive any fee established pursuant to the schedule if he determines that the person required to pay that fee is financially unable to do so.
2. A schedule of fees established pursuant to this section does not apply to any services for which the division receives payment pursuant to NRS 423.160 or 423.210.
3. Fees collected pursuant to this section for services provided to juveniles committed to the custody of:
(a) The division pursuant to NRS 62.213;
(b) The Nevada youth training center pursuant to NRS 210.180; or
(c) The Caliente youth center pursuant to NRS 210.580,
must be deposited with the state treasurer for credit to a separate account in the state general fund for expenditure by the administrator to carry out the powers and duties of the administrator and the division.
Sec. 5. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 427κ
Senate Bill No. 513Committee on Judiciary
CHAPTER 261
AN ACT relating to gaming; authorizing the gaming control board to investigate certain crimes; increasing the fines for certain crimes related to gaming; providing a penalty; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.140 is hereby amended to read as follows:
463.140 1. The provisions of this chapter with respect to state gaming licenses and manufacturers, sellers and distributors licenses must be administered by the board and the commission, which shall administer them for the protection of the public and in the public interest in accordance with the policy of this state.
2. The board and the commission and their agents may:
(a) Inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.
(b) Inspect all equipment and supplies in, upon or about such premises.
(c) Summarily seize and remove from such premises and impound any equipment, supplies, documents or records for the purpose of examination and inspection.
(d) Demand access to and inspect, examine, photocopy and audit all papers, books and records of any applicant or licensee, on his premises, or elsewhere as practicable, and in the presence of the applicant or licensee, or his agent, respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this chapter.
(e) Demand access to and inspect, examine, photocopy and audit all papers, books and records of any affiliate of a licensee whom the board or commission knows or reasonably suspects is involved in the financing, operation or management of the licensee. The inspection, examination, photocopying and audit may take place on the affiliates premises or elsewhere as practicable, and in the presence of the affiliate or its agent.
3. For the purpose of conducting audits after the cessation of gaming by a licensee, the former licensee shall furnish, upon demand of an agent of the board, books, papers and records as necessary to conduct the audits. The former licensee shall maintain all books, papers and records necessary for audits for 1 year after the date of the surrender or revocation of his gaming license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, he must maintain all books, papers and records until a final order is entered on the determination.
4. The board may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter, chapter 205 of NRS involving a crime against the property of a gaming licensee, NRS 207.195 or chapter 462, 463B, 464, 465 or 466 of NRS.
κ1995 Statutes of Nevada, Page 428 (CHAPTER 261, SB 513)κ
5. The board and the commission or any of its members has full power and authority to issue subpoenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission is guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.
Sec. 2. NRS 463.310 is hereby amended to read as follows:
463.310 1. The board shall make appropriate investigations:
(a) To determine whether there has been any violation of this chapter or chapter 462, 464, 465 or 466 of NRS or any regulations adopted thereunder.
(b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or regulation.
(c) To aid in adopting regulations.
(d) To secure information as a basis for recommending legislation relating to this chapter or chapter 462, 464, 465 or 466 of NRS.
(e) As directed by the commission.
2. If, after any investigation the board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the commission of any transaction for which the approval was required or permitted under the provisions of this chapter or chapter 462, 464 or 466 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
3. Upon receipt of the complaint of the board, the commission shall review it and all matter presented in support thereof, and shall conduct further proceedings in accordance with NRS 463.3125 to 463.3145, inclusive.
4. After the provisions of subsections 1, 2 and 3 have been complied with, the commission may:
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) limit, condition, suspend or revoke any registration, finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the commission;
(c) Order a licensed gaming establishment to keep an individual licensee from the premises of the licensed gaming establishment or not to pay the licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment; and
(d) Fine each person or entity or both, who was licensed, registered or found suitable pursuant to this chapter or chapter 464 of NRS or who previously obtained approval for any act or transaction for which commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS:
κ1995 Statutes of Nevada, Page 429 (CHAPTER 261, SB 513)κ
approval was required or permitted under the provisions of this chapter or chapter 464 of NRS:
(1) Not less than [$10,000] $25,000 nor more than $250,000 for each separate violation of any regulation adopted pursuant to NRS 463.125 which is the subject of an initial or subsequent complaint; or
(2) Except as otherwise provided in subparagraph (1) of this paragraph, not more than $100,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the commission which is the subject of an initial complaint and not more than $250,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the commission which is the subject of any subsequent complaint.
All fines must be paid to the state treasurer for deposit in the state general fund.
5. For the second violation of any provision of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of the establishment or person.
6. If the commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which the order is based.
7. Any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
8. Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315 to 463.318, inclusive.
Sec. 3. NRS 463.360 is hereby amended to read as follows:
463.360 1. Conviction by a court of competent jurisdiction of a person for a violation of, an attempt to violate, or a conspiracy to violate any of the provisions of this chapter or of chapter 463B, 464, 465 of NRS may act as an immediate revocation of all licenses which have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the commission, order that no new or additional license under this chapter be issued to the violator, or be issued to any person for the room or premises in which the violation occurred, for 1 year after the date of the revocation.
2. Any person who willfully fails to report, pay or truthfully account for and pay over any license fee or tax imposed by the provisions of this chapter, or willfully attempts in any manner to evade or defeat any such license fee, tax or payment thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Except as provided in subsection 4, any person who willfully violates, attempts to violate, or conspires to violate any of the provisions of subsection 1 of NRS 463.160 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, by a fine of not more than $50,000, or by both fine and imprisonment.
κ1995 Statutes of Nevada, Page 430 (CHAPTER 261, SB 513)κ
4. A licensee who puts additional games or slot machines into play or displays additional games or slot machines in a public area without first obtaining all required licenses and approval is subject only to the penalties provided in NRS 463.270 and 463.310 and in any applicable ordinance of the county, city or town.
5. [Any] Except when the provisions of NRS 207.195 apply, a person who willfully violates any provision of a regulation adopted pursuant to NRS 463.125 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.
6. The violation of any of the provisions of this chapter, the penalty for which is not specifically fixed in this chapter, is a gross misdemeanor.
Sec. 4. NRS 207.195 is hereby amended to read as follows:
207.195 1. If a monetary instrument represents the proceeds of or is directly or indirectly derived from any unlawful activity, it is unlawful for any person, having knowledge of that fact:
(a) To conduct or attempt to conduct a financial transaction involving the instrument:
(1) With the intent to further any unlawful activity;
(2) With the knowledge that the transaction conceals the location, source, ownership or control of the instrument; or
(3) With the knowledge that the transaction evades any provision of federal or state law that requires the reporting of a financial transaction.
(b) To transport or attempt to transport the monetary instrument:
(1) With the intent to further any unlawful activity;
(2) With the knowledge that the transportation conceals the location, source, ownership or control of any proceeds derived from unlawful activity; or
(3) With the knowledge that the transportation evades any provision of federal or state law that requires the reporting of a financial transaction.
2. It is unlawful for any person to conduct or attempt to conduct a financial transaction with the intent to evade a regulation adopted pursuant to NRS 463.125.
3. Any person who violates any provision of subsection 1 or 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, by a fine of not more than $50,000, or by both fine and imprisonment.
[3.] 4. Each violation of subsection 1 or 2 involving one or more monetary instruments totaling $10,000 or more shall be deemed a separate offense.
[4.] 5. As used in this section:
(a) Financial transaction means any purchase, sale, loan, pledge, gift, transfer, deposit, withdrawal or other exchange involving a monetary instrument. The term does not include any instrument or transaction for the payment of assistance of counsel in a criminal prosecution.
(b) Monetary instrument includes any coin or currency of the United States or any other country, any travelers check, personal check, money order, bank check, cashiers check, stock, bond, precious metal, precious stone or gem or any negotiable instrument to which title passes upon delivery.
κ1995 Statutes of Nevada, Page 431 (CHAPTER 261, SB 513)κ
The term does not include any instrument or transaction for the payment of assistance of counsel in a criminal prosecution.
(c) Unlawful activity includes any crime related to racketeering as defined in NRS 207.360 or any offense punishable as a felony pursuant to state or federal statute. The term does not include any procedural error in the acceptance of a credit instrument, as defined in NRS 463.01467, by a person who holds a nonrestricted gaming license.
________
Senate Bill No. 476Committee on Finance
CHAPTER 262
AN ACT relating to the community training center account; eliminating the provision requiring that any money in the account remaining after certain required allocations are made must be allocated to qualified community-based training centers for the care and training of mentally and functionally retarded persons; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 435.290 is hereby amended to read as follows:
435.290 1. A center holding a certificate of qualification from the division is entitled to aid from the community training center account in the amount, within the limits of legislative appropriations, specified in the budget for the community training center account as approved by the most recent session of the legislature:
(a) Per enrollee;
(b) For centers entitled to the minimal allotment, if the center maintains five or more enrollees and its staff and operating expenses are equal to or greater than the amount allocated; or
(c) For centers entitled to the minimal allotment on a pro rata basis per enrollee, if the center maintains four or fewer enrollees and its staff and operating expenses are equal to or greater than the amount allocated,
whichever is greater.
2. The division, upon approval of the commission, may grant aid from the community training center account to help in establishing new centers. This aid in the aggregate must not exceed one-fourth of the money available in the account for the year in which it is given.
[3. After providing for the allocations authorized in subsections 1 and 2, the division shall allocate any other money available in the account to the qualified centers according to the programs offered by each center and the number of enrollees in each program. The division shall determine the relative weight to be given to these factors.]
Sec. 2. This act becomes effective upon passage and approval.
________
κ1995 Statutes of Nevada, Page 432κ
Senate Bill No. 409Committee on Natural Resources
CHAPTER 263
AN ACT relating to the division of agriculture of the department of business and industry; revising the provisions governing the qualifications of the administrator of the division; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 561.125 is hereby amended to read as follows:
561.125 The administrator must be a graduate from an accredited college or university [,] and have at least 5 years experience in official agricultural or livestock regulatory work [.] , public administration, accounting or business administration.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 163Senator Lowden
CHAPTER 264
AN ACT relating to the Nevada veterans advisory commission; revising the membership and duties of the commission; increasing the salaries and subsistence allowance of the members of the commission; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 417.150 is hereby amended to read as follows:
417.150 1. The Nevada veterans advisory commission, consisting of seven members , [appointed by the governor,] is hereby created.
2. The governor shall appoint:
(a) [Five] Three members who are representatives of nationally recognized veterans organizations.
(b) Two members who are representatives of the general public.
3. The chairman of the advisory committee for a veterans cemetery in northern Nevada and the chairman of the advisory committee for a veterans cemetery in southern Nevada shall each appoint one member from their respective committees to serve as a member of the commission. Each member so appointed must be a representative of a nationally recognized veterans organization.
4. The governor may remove a member of the commission at any time for failure to perform his duties, malfeasance or other good cause.
5. The term of office of each member is 2 years.
6. If a vacancy occurs in the membership of those members appointed pursuant to paragraph (a) of subsection 2, the governor shall fill the vacancy from among the names of qualified nominees provided to him in writing by the director of the department of motor vehicles and public safety.
κ1995 Statutes of Nevada, Page 433 (CHAPTER 264, SB 163)κ
from among the names of qualified nominees provided to him in writing by the director of the department of motor vehicles and public safety.
Sec. 2. NRS 417.160 is hereby amended to read as follows:
417.160 1. The Nevada veterans advisory commission shall annually choose one of its members to serve as chairman and one of its members to serve as secretary.
2. Members of the advisory commission are entitled to receive:
(a) A salary of not more than [$60] $80 per day, as fixed by the commission, while engaged in the business of the commission.
(b) A subsistence allowance of not more than [$40] $56 per day, as fixed by the commission, and actual expenses for transportation, while traveling on business of the commission.
Sec. 3. NRS 417.170 is hereby amended to read as follows:
417.170 1. The advisory commission [may] shall meet regularly at least [twice] four times every fiscal year.
2. Meetings of the advisory commission may be held at the call of the chairman whenever he determines that there is sufficient business to warrant action by the advisory commission or whenever [three] five members of the advisory commission submit a written request for a meeting.
3. Notice of the time, place and purpose of all meetings must be given in writing to each member at least 5 days before the meeting.
Sec. 4. 1. The terms of two members of the Nevada veterans advisory commission who are representatives of nationally recognized veterans organizations expire upon the appointment of their successors pursuant to subsection 2. The governor shall select the members whose terms expire pursuant to this subsection.
2. As soon as practicable after October 1, 1995:
(a) The chairman of the advisory committee for a veterans cemetery in northern Nevada shall appoint one member to the Nevada veterans advisory commission to an initial term which expires on October 1, 1996.
(b) The chairman of the advisory committee for a veterans cemetery in southern Nevada shall appoint one member to the Nevada veterans advisory commission to an initial term which expires on October 1, 1997.
________
κ1995 Statutes of Nevada, Page 434κ
Senate Bill No. 93Committee on Natural Resources
CHAPTER 265
AN ACT relating to water; making various changes relating to the titling and recording of water rights; providing that water rights, permits, certificates and applications appurtenant to land are presumed to be conveyed with the land; providing expressly that the tax on a transfer of real property is applicable to an instrument in writing by which title to a water right, permit, certificate or application is conveyed; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 533 of NRS is hereby amended by adding thereto the provisions set forth as section 2 to 6, inclusive, of this act.
Sec. 2. Except as otherwise provided in section 6 of this act, every conveyance of an application or permit to appropriate any of the public waters, a certificate of appropriation, an adjudicated or unadjudicated water right or an application or permit to change the place of diversion, manner of use or place of use of water must be:
1. Made by deed;
2. Acknowledged in the manner provided in NRS 240.161 to 240.168, inclusive; and
3. Recorded in the office of the county recorder of each county in which the water is applied to beneficial use and in each county in which the water is diverted from its natural source.
Sec. 3. 1. A person to whom is conveyed an application or permit to appropriate any of the public waters, a certificate of appropriation, an adjudicated or unadjudicated water right or an application or permit to change the place of diversion, manner of use or place of use of water, shall:
(a) File with the state engineer, together with the prescribed fee, a report of conveyance which includes the following information on a form to be provided by the state engineer:
(1) An abstract of title;
(2) Except as otherwise provided in subsection 2, a copy of any deed, written agreement or other document pertaining to the conveyance; and
(3) Any other information requested by the state engineer.
(b) If the place of use of the water is wholly or partly within the boundaries of an irrigation district, file with the irrigation district:
(1) An abstract of title; and
(2) Except as otherwise provided in subsection 2, a copy of any deed, written agreement or other document pertaining to the conveyance.
2. The governing body of any local government of this state and any public utility which is a purveyor of water within the state may submit an affidavit or other document upon oath in lieu of the documents otherwise required by subparagraph (2) of paragraphs (a) and (b) of subsection 1, if the state engineer finds that:
κ1995 Statutes of Nevada, Page 435 (CHAPTER 265, SB 93)κ
(a) The affidavit clearly indicates that rights for diverting or appropriating water described in the affidavit are owned or controlled by the governing body or utility; and
(b) The affiant is qualified to sign the affidavit.
Sec. 4. 1. The state engineer shall confirm that the report of conveyance required by paragraph (a) of subsection 1 of section 3 of this act includes all material required by that subsection and that:
(a) The report is accompanied by the prescribed fee;
(b) No conflict exists in the chain of title that can be determined by the state engineer from the conveyance documents or from other information on file in the office of the state engineer; and
(c) The state engineer is able to determine the rate of diversion and the amount of water conveyed in acre-feet or million gallons from the conveyance documents or from other information on file in the office of the state engineer.
2. If the state engineer determines that the report of conveyance is deficient, he shall reject the report of conveyance and return it to the person who submitted it with:
(a) An explanation of the deficiency; and
(b) A notice stating that the state engineer will not confirm a report of conveyance that has been rejected unless the report is resubmitted with the material required to cure the deficiency. The notice must also include a statement of the provisions of subsection 3.
3. The state engineer shall not consider or treat the person to whom:
(a) An application or permit to appropriate any of the public waters;
(b) A certificate of appropriation;
(c) An adjudicated or unadjudicated water right; or
(d) An application or permit to change the place of diversion, manner of use or place of use of water,
is conveyed as the owner or holder of the application, right, certificate or permit for the purposes of this chapter, including, without limitation, all advisements and other notices required of the state engineer and the granting of permits to change the place of diversion, manner of use or place of use of water, until a report of the conveyance is confirmed pursuant to subsection 1.
Sec. 5. 1. The recording of a deed pursuant to section 2 of this act shall be deemed to impart notice of the contents of the deed to all persons at the time the deed is recorded, and a subsequent purchaser or mortgagee shall be deemed to purchase and take with notice of the contents of the deed.
2. The deed of:
(a) An application or permit to appropriate any of the public waters;
(b) A certificate of appropriation;
(c) An adjudicated or unadjudicated water right; or
(d) An application or permit to change the place of diversion, manner of use or place of use of water,
that has not been recorded as required by section 2 of this act shall be deemed void as against a subsequent purchaser who in good faith and for valuable consideration purchases the same application, right, certificate or permit, or any portion thereof, if the subsequent purchaser first records his deed in compliance with section 2 of this act.
κ1995 Statutes of Nevada, Page 436 (CHAPTER 265, SB 93)κ
Sec. 6. The provisions of sections 2 to 5, inclusive, of this act do not apply to the conveyance of shares of stock in a ditch company which owns:
1. An application or permit to appropriate any of the public waters;
2. A certificate of appropriation;
3. An adjudicated or unadjudicated water right; or
4. An application or permit to change the place of diversion, manner of use or place of use of water.
Sec. 7. NRS 533.185 is hereby amended to read as follows:
533.185 After the hearing the court shall enter a decree affirming or modifying the order of the state engineer. Within 30 days after the entry of final judgment by the district court, or if an appeal is taken, within 30 days after the entry of the final judgment by the appellate court or within 30 days after the entry of the final judgment after remand, the clerk of the court issuing the final judgment shall:
1. Deliver to the state engineer a certified copy of the final judgment; and
2. Cause a certified copy of the final judgment to be filed in the office of the county recorder in each county in which the water adjudicated is applied to beneficial use and in each county in which the water adjudicated is diverted from its natural source.
Sec. 8. NRS 533.425 is hereby amended to read as follows:
533.425 As soon as practicable after satisfactory proof has been made to the state engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the state engineer shall issue to the holder of the permit [, his assign or assigns,] a certificate setting forth:
1. The name and post office address of the [appropriator, his assign, or assigns.] holder of the permit.
2. The date, source, purpose and amount of appropriation.
3. If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.
4. The number of the permit under which the certificate is issued.
Sec. 9. NRS 533.435 is hereby amended to read as follows:
533.435 1. The state engineer shall collect the following fees:
For examining and filing an application for a permit to appropriate water ............................................................................................. $250.00
This fee includes the cost of publication, which is.............. $50.
For examining and acting upon plans and specifications for construction of a dam................................................................................................... 500.00
For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right.. 150.00
This fee includes the cost of the publication of the application, which is............................................................................................... $50.
κ1995 Statutes of Nevada, Page 437 (CHAPTER 265, SB 93)κ
For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water or watering livestock or wildlife purposes..... 150.00
plus $2 per acre-foot approved or fraction thereof.
For issuing and recording each permit to change an existing right whether temporary or permanent for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, for watering livestock or wildlife purposes which change the point of diversion or place of use only, or for irrigational purposes which change the point of diversion or place of use only............................................................................. 100.00
plus $2 per acre-foot approved or fraction thereof.
For issuing and recording each permit to change the point of diversion or place of use only of an existing right whether temporary or permanent for irrigational purposes............................................................................................ 200.00
For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right only whether temporary or permanent for watering livestock or wildlife purposes for each second-foot of water approved or fraction thereof............................................. 50.00
For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water for each second-foot of water approved or fraction thereof........................................ 100.00
This fee must not exceed $1,000.
For filing a secondary application under a reservoir permit.......... 200.00
For approving and recording a secondary permit under a reservoir permit ............................................................................................... 200.00
For reviewing each tentative subdivision map................................. 150.00
plus $1 per lot.
For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet.................................. 100.00
plus $1 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.
For filing proof of completion of work.............................................. 10.00
For filing proof of beneficial use......................................................... 50.00
For filing any protest............................................................................. 25.00 For filing any application for extension of time within which to file proofs...................................................................... 100.00
κ1995 Statutes of Nevada, Page 438 (CHAPTER 265, SB 93)κ
For filing any application for extension of time within which to file proofs ............................................................................................... 100.00
For examining and filing [any assignment or water right deed, for each water right assigned, actual cost of the work up to.............................. 10.00]
a report of conveyance filed pursuant to paragraph (a) of subsection 1 of section 3 of this act.................................................................. 25.00
plus $10 per conveyance document.
For filing any other instrument............................................................ 1.00
For making copy of any document recorded or filed in his office, for the first [100 words] page............................................................................ 1.00
For each additional [100 words or fraction thereof] page . 20
For certifying to copies of documents, records or maps, for each certificate .................................................................................................... 1.00
For each blueprint copy of any drawing or map, per square foot .50
The minimum charge for a blueprint copy, per print...................... 3.00
2. When fees are not specified in subsection 1 for work required of his office, the state engineer shall collect the actual cost of the work.
3. Except as otherwise provided in this subsection, all fees collected by the state engineer under the provisions of this section must be deposited in the state treasury for credit to the general fund. All fees received for blueprint copies of any drawing or map must be kept by him and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by him for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the state engineer is unable to make the refunds, he shall deposit the fees in the state treasury for credit to the general fund. The state engineer may maintain, with the approval of the state board of examiners, a checking account in any bank qualified to handle state money to carry out the provisions of this subsection. The bank account must be secured by a depository bond satisfactory to the state board of examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation.
Sec. 10. Chapter 111 of NRS is hereby amended by adding thereto a new section to read as follows:
Unless the deed conveying land specifically provides otherwise, all:
1. Applications and permits to appropriate any of the public waters;
2. Certificates of appropriation;
3. Adjudicated or unadjudicated water rights; and
4. Applications or permits to change the place of diversion, manner of use or place of use of water,
which are appurtenant to the land are presumed to be conveyed with the land.
Sec. 11. NRS 375.010 is hereby amended to read as follows:
375.010 The following terms, wherever used or referred to in this chapter, have the following meaning unless a different meaning clearly appears in the context:
κ1995 Statutes of Nevada, Page 439 (CHAPTER 265, SB 93)κ
1. Deed means every instrument in writing, except a last will and testament, whatever its form, and by whatever name it is known in law, by which title to any estate or present interest in real property , including a water right, permit, certificate or application, is conveyed or transferred to, and vested in, another person, but does not include a lease for any term of years or an easement.
2. Value means:
(a) In the case of any deed not a gift, the amount of the full, actual consideration paid or to be paid, excluding the amount of any lien or liens assumed.
(b) In the case of a gift, or any deed with nominal consideration or without stated consideration, the estimated price the real property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.
Sec. 12. NRS 533.385 is hereby repealed.
Sec. 13. 1. The provisions of sections 2, 5 and 6 of this act are not applicable to a conveyance of a water right, permit, certificate or application which is completed before October 1, 1995.
2. The amendatory provisions of sections 3, 4, 8 and 12 of this act are not applicable to an assignment of an application for a permit or for any permit to appropriate water which is completed before October 1, 1995.
3. The amendatory provisions of section 10 of this act are not applicable to a conveyance of land which is completed before October 1, 1995.
________
Assembly Bill No. 608Committee on Government Affairs
CHAPTER 266
AN ACT relating to the Virgin Valley Water District; expanding the service area of the district; providing for the annexation of the Bunkerville Water Users Association into the district; providing a salary for members of the governing board of the district; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The preamble of chapter 100, Statutes of Nevada 1993, at page 159, is hereby amended to read as follows:
whereas, Adequate and efficient water service is vital to the economy and well-being of the residents of Virgin Valley area; and
whereas, Virgin Valley is remote from the county seat of Clark County, thus dictating that indispensable activities such as water service be administered by a governmental entity created for the residents of Virgin Valley; and
whereas, Those portions of Virgin Valley described in this act could best be served water through a single governmental entity succeeding the current [purveyor,] purveyors, the Bunkerville Water Users Association and the Mesquite Farmstead Water Association; now, therefore,
κ1995 Statutes of Nevada, Page 440 (CHAPTER 266, AB 608)κ
the current [purveyor,] purveyors, the Bunkerville Water Users Association and the Mesquite Farmstead Water Association; now, therefore,
Sec. 2. Section 1 of chapter 100, Statutes of Nevada 1993, at page 160, is hereby amended to read as follows:
Section 1. There is hereby created a political subdivision of this state to be known as the Virgin Valley Water District. The jurisdiction and service area of the district are all that real property located in Clark County, Nevada, described as follows:
[The S 1/2 of section 12, section 13, the S 1/2 of section 14, those portions of sections 23 and 24 north of the centerline of the Virgin River, that portion of section 25 south of the Bunkerville Ditch and east of the intersection of Riverside Road and Virgin Street, Township 13 South, Range 70 East, M.D.B. & M., sections 3, 4, 5, 7, 8, 9, 10, 15, 16, 17 and 18, those portions of section 19 north of the centerline of the Virgin River and south of the Bunkerville Ditch, sections 20, 21, 22 and 30, Township 13 South, Range 71 East, M.D.B. & M.] Beginning at the northeast corner of section 10, Township 13 South, Range 71 East, Mount Diablo Meridian and running south approximately 15 miles along the section lines to the southeast corner of section 22, Township 15 South, Range 71 East, Mount Diablo Meridian; thence westerly along the section lines approximately 15 miles to the southwest corner of section 20, Township 15 South, Range 69 East; thence northerly along the section lines approximately 2 miles to the northwest corner of section 17, Township 15 South, Range 69 East; thence easterly along the north line of that section 17, a distance of 1 mile more or less to the southwesterly corner of section 9, Township 15 South, Range 69 East; thence northerly along the westerly section lines of sections 9 and 4 to the northwesterly corner of section 4, Township 15 South, Range 69 East; thence westerly along the south lines of Township 14 South approximately 14 miles to the southwesterly corner of section 31, Township 14 South, Range 67 East, that point also being on the west range line of Range 67 East; thence northerly along that range line a distance of 12 miles more or less to the northerly line of Clark County; thence easterly along the north line of Clark County 28 miles more or less to a point in the north-south boundary line between the States of Nevada and Arizona; thence southerly along the Nevada-Arizona state line to the northeast corner of section 10, Township 13 South, Range 71 East, Mount Diablo Meridian, that point being the true point of beginning.
Sec. 3. Section 3 of chapter 100, Statutes of Nevada 1993, at page 160, is hereby amended to read as follows:
Sec. 3. The district has the following powers:
1. To have perpetual succession.
2. To sue and be sued in the name of the district in all courts or tribunals of competent jurisdiction.
3. To adopt a seal and alter it at the districts pleasure.
κ1995 Statutes of Nevada, Page 441 (CHAPTER 266, AB 608)κ
4. To enter into contracts, and employ and fix the compensation of staff and professional advisers.
5. To incur indebtedness pursuant to chapter 271 of NRS, issue bonds pursuant to chapter 350 of NRS and provide for short-term financing pursuant to chapter 354 of NRS [in order] to pay, in whole or in part, the costs of acquiring, constructing and operating any lands, easements, water rights, [waters,] water, waterworks or projects, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water, and otherwise to [otherwise] carry out the powers set forth in this section. For the purposes of NRS 350.572, sections 1 to 15, inclusive, of this act do not expressly or impliedly require an election before the issuance of a security or indebtedness pursuant to NRS 350.500 to 350.572, inclusive, if the obligation is payable solely from pledged revenues, but an election must be held before incurring a general obligation.
6. To acquire, by purchase, grant, gift, devise, lease, construction, contract or otherwise, lands, rights of way, easements, privileges, [waters] water and water rights, and property of every kind, whether real or personal, to construct, maintain and operate, within or without the district, any and all works and improvements necessary or proper to carry out any of the objects or purposes of sections 1 to 15, inclusive, of this act, and to complete, extend, add to, repair or otherwise improve any works , [or] improvements or property acquired by it as authorized by sections 1 to 15, inclusive, of this act.
7. To sell, lease, encumber, hypothecate or otherwise dispose of property, whether real or personal, including [waters] water and water rights, as is necessary or convenient to the full exercise of the districts powers.
8. To adopt ordinances, rules, regulations and bylaws necessary for the exercise of the powers and conduct of the affairs of the board and district.
9. Except as otherwise provided in this subsection, to exercise the power of eminent domain in the manner prescribed by law, within or without the service area of the district, to take any property, including, without limitation, the property specified in subsections 6 and 15, necessary or convenient for the exercise of the powers of the district or for the provision of adequate water service to the service area. The district shall not exercise the power of eminent domain to acquire the water rights or waterworks facilities of any nonprofit purveyor delivering water for domestic use whose service area is adjacent to the district without first obtaining the consent of the purveyor.
10. To enter upon any land, to make surveys and locate any necessary improvements, including, without limitation, lines for channels, conduits, canals, pipelines, roadways [,] and other rights of way, to acquire property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of such improvements, including works constructed and being constructed by private owners, lands for reservoirs for the storage of necessary water, and all necessary appurtenances, and, where necessary and for the purposes and uses set forth in this section, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions or other rights.
κ1995 Statutes of Nevada, Page 442 (CHAPTER 266, AB 608)κ
appurtenances, and, where necessary and for the purposes and uses set forth in this section, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions or other rights.
11. To enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county or district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair or operation of any rights, works or other property of a kind which may be lawfully acquired or owned by the district.
12. To acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district, and to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch or conduit of the district.
13. To enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the transfer or delivery to any district, corporation, association, firm or natural person of any water right or water pumped, stored, appropriated or otherwise acquired or secured for the use of the district, or for the purpose of exchanging the water or water right for any other water, water right or water supply to be delivered to the district by the other party to the agreement.
14. To cooperate and act in conjunction with [,] the State of Nevada or any of its engineers, officers, boards, commissions, departments or agencies, with the government of the United States or any of its engineers, officers, boards, commissions, [department] departments or agencies, or with any public or private corporation, to construct any work for the development, importation or distribution of water of the district, for the protection of life or property therein, or for the conservation of its [waters] water for beneficial use within the district, or to carry out any other works, acts or purposes provided for in sections 1 to 15, inclusive, of this act, and to adopt and carry out any definite plan or system of work for any of the purposes described in sections 1 to 15, inclusive, of this act.
15. To store water in surface or underground reservoirs within or without the district for the common benefit of the district, to conserve and reclaim water for present and future use within the district, to appropriate and acquire water and water rights and import water into the district for any useful purpose to the district, and to commence, maintain, intervene in and compromise in the name of the district, or otherwise, and assume the costs and expenses of any action or proceeding involving or affecting:
(a) The ownership or use of [waters] water or water rights [with] within or without the district used or useful for any purpose of the district or of common benefit to any land situated therein;
κ1995 Statutes of Nevada, Page 443 (CHAPTER 266, AB 608)κ
(b) The wasteful use of water with the district;
(c) The interference with or diminution of [waters] water or water rights within the district;
(d) The contamination or pollution of the surface or subsurface water used in the district or any other act that otherwise renders such water unfit for beneficial use; and
(e) The interference with [these waters] this water that may endanger or damage the residents, lands or use of water in the district.
16. To sell and distribute water under the control of the district, without preference, to any natural person, firm, corporation, association, district, agency or inhabitant, public or private, for use within the service area, to fix, establish and adjust rates, classes of rates, terms and conditions for the sale and use of such water, and to sell water for use outside the service area upon a finding by the board that there is a surplus of water above that amount required to serve customers within the service area.
17. To cause taxes to be levied and collected for the purposes prescribed in sections 1 to 15, inclusive, of this act, including the payment of any obligation of the district during its organizational state and thereafter, and necessary engineering costs, and to assist in the operational expenses of the district, until such taxes are no longer required.
18. To supplement the surface and ground-water resources of Virgin Valley by the importation and use of [waters] water from other sources for industrial, irrigation, municipal and domestic uses.
19. To restrict the use of district water during any emergency caused by drought or other threatened or existing water shortage, and to prohibit the waste of district water at any time through the adoption of ordinances, rules or regulations and the imposition of fines for violations of those ordinances, rules and regulations.
20. To annex area into the district in the manner prescribed for cities in chapter 268 of NRS . [, except that any area within the service area of the Bunkerville Water Users Association must be annexed pursuant to the provisions of section 10 of this act.]
21. To supply water under contract [,] or agreement , or in any other manner, to the United States or any department or agency thereof, the State of Nevada, Clark County, Nevada, and any city, town, corporation, association, partnership or natural person situated in Clark County, Nevada, and to deliver water to those users in Mohave County, Arizona, who are located in the Virgin Valley in accordance with the provisions of NRS 533.515 and 533.520, for an appropriate charge, consideration or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.
22. To create assessment districts [in order] to extend mains, improve distribution systems and acquire presently operating private water companies and mutual water distribution systems.
23. To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grants-in-aid or any other form in connection with any of the functions of the district.
κ1995 Statutes of Nevada, Page 444 (CHAPTER 266, AB 608)κ
24. To assume the obligations of the Bunkerville Water Users Association, a nonprofit corporation, in providing water service to users in the districts service area.
25. To assume the obligations of the Mesquite Farmstead Water Association, a nonprofit corporation, in providing water service to users in the districts service area and in its certificated service area in Mohave County, Arizona, pursuant to the certificate of public convenience and necessity granted to the Mesquite Farmstead Water Association by the State of Arizona.
[25.] 26. To conduct business in Mohave County, Arizona, upon qualifying to do so pursuant to the laws of that state.
[26.] 27. To do all acts and things reasonably implied from and necessary for the full exercise of all powers of the district granted by sections 1 to 15, inclusive, of this act.
Sec. 4. Section 4 of chapter 100, Statutes of Nevada 1993, at page 163, is hereby amended to read as follows:
Sec. 4. 1. All powers, duties and privileges of the Virgin Valley Water District must be exercised and performed by the governing board of the district.
2. [Except as otherwise provided in this section and section 5 of this act, the board consists of five members selected as follows:
(a) One member appointed by the mayor of the City of Mesquite with the approval of the city council of that city.
(b) Four members elected from within the service area of the district as prescribed in section 7 of this act.
3.] The first board consists of the members of the governing board of the Mesquite Farmstead Water Association sitting upon the effective date of this act. The members of the first board shall convene within 30 days after the effective date of this act to commence and continue operation of the district until the appointment and election of their successors in conjunction with the Clark County general election in 1994.
[4. Except for members of the first board and appointed members, members of the board must be elected at a general district election held in conjunction with the general election of Clark County in 1994 and with each such general election every 2 years thereafter. Two of the members elected in 1994, who must be chosen by lot, serve terms of 4 years and the remaining members elected in 1994, serve terms of 2 years. The appointed member serves a term of 2 years.]
Sec. 5. Section 5 of chapter 100, Statutes of Nevada 1993, at page 163, is hereby amended to read as follows:
Sec. 5. 1. Except as otherwise provided in [this section, if the service area of the Bunkerville Water Users Association is annexed into the district pursuant to section 10] section 4 of this act, the governing board of the district consists of five members selected as follows:
(a) One member appointed by the mayor of the City of Mesquite with the approval of the city council of that city.
(b) One member appointed by the governing body of the town of Bunkerville, who must reside in the geographical area of the district located south of the Virgin River.
κ1995 Statutes of Nevada, Page 445 (CHAPTER 266, AB 608)κ
located south of the Virgin River. If the town of Bunkerville is annexed into the City of Mesquite, this member must be appointed pursuant to paragraph (a), subject to the residency requirement set forth in this paragraph.
(c) Three members elected from the service area of the district, one of whom must reside in the geographical area of the district located south of the Virgin River.
2. [At the completion of the annexation of the service area of the Bunkerville Water Users Association:
(a) The governing body of the town of Bunkerville shall appoint one additional member to the board; and
(b) The governing board of the district shall appoint one additional member to the board.
3. The additional members appointed to the board pursuant to subsection 2:
(a) Must reside in the geographical area of the district located south of the Virgin River.
(b) Must immediately qualify for their offices and hold office until their successors are appointed or elected in conjunction with the next Clark County general election.
4. The member elected at the next general election] Except for members of the first board and appointed members, members of the board must be elected at a general district election held in conjunction with the general election of Clark County in 1994 and with subsequent general elections of Clark County. The elected member who is required to reside in the geographical area of the district located south of the Virgin River and one other elected member, who must be chosen by lot, serve terms of 4 years and the remaining elected member serves a term of 2 years. The appointed members serve terms of 2 years.
[5. The terms of office of the members of the governing board who are incumbent upon the completion of the annexation of the service area of the Bunkerville Water Users Association expire on the date their successors are elected or appointed pursuant to this section.]
Sec. 6. Section 6 of chapter 100, Statutes of Nevada 1993, at page 164, is hereby amended to read as follows:
Sec. 6. 1. The board may establish and , except as otherwise provided in subsection 2, adjust various election areas within the district. Such election areas must be established to [assure,] ensure, as nearly as practicable, equal representation upon the board for all residents of the district.
2. [If the service area of the Bunkerville Water Users Association is annexed into the district, the] The board:
(a) May divide the geographical area of the district located south of the Virgin River into two or more election areas.
(b) Shall not include that geographical area in any other election area.
Sec. 7. Section 9 of chapter 100, Statutes of Nevada 1993, at page 166, is hereby amended to read as follows:
Sec. 9. 1. The board shall:
κ1995 Statutes of Nevada, Page 446 (CHAPTER 266, AB 608)κ
(a) Choose one of its members to be the chairman of the board and president of the district, and prescribe the term of that office and the powers and duties thereof.
(b) Fix the time and place at which its regular meetings will be held and provide for the calling and conduct of special meetings.
(c) Fix the location of the principal place of business of the district.
(d) Elect a secretary-treasurer of the board and the district, who may or may not be a member of the board.
(e) Appoint a general manager who must not be a member of the board.
(f) Delegate and redelegate to officers of the district the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the board.
(g) Prescribe the powers, duties, compensation and benefits of all officers and employees of the district, and require all bonds necessary to protect the money and property of the district.
(h) Take all actions and do all things reasonably and lawfully necessary [in order] to conduct the business of the district and achieve the purposes of this act.
2. A simple majority of the members of the board constitutes a quorum. The vote of a simple majority of the quorum is required [in order] to take action.
3. Members of the board [serve without compensation, except that they] are entitled to receive a salary of not more than $80 per day and reasonable per diem and travel expenses, as set by the board, for their attendance at meetings and conduct of other district business.
Sec. 8. Section 10 of chapter 100, Statutes of Nevada 1993, at page 166, is hereby amended to read as follows:
Sec. 10. 1. [The service area] All assets of the Bunkerville Water Users Association, [a nonprofit corporation with its principal office in Clark County, Nevada, may be annexed into the district as follows:
(a) A majority of the members of the governing board of the association must adopt a resolution requesting the annexation. The resolution must be filed with the governing board of the district and must be accompanied by a description of the indebtedness of the association, including the amount of that indebtedness.
(b) A majority of the members of the governing board of the district must approve the request.
(c) The association must take action in accordance with applicable law to dissolve the association and transfer its assets and liabilities to the district.
2.] including, but not limited to, any lands, buildings, easements, water rights, water, waterworks, conduits, pipelines, reservoirs, wells, structures, facilities, intangibles, cash on hand, bank deposits, office furniture, supplies and equipment and all other real or personal property of whatever nature belonging to the association, become the property of the Virgin Valley Water District on October 12, 1994. The officers of the Bunkerville Water Users Association, after its dissolution, have limited authority to wind up the affairs of the association and execute papers and documents necessary to accomplish the transfer of assets to the [district.
κ1995 Statutes of Nevada, Page 447 (CHAPTER 266, AB 608)κ
officers of the Bunkerville Water Users Association, after its dissolution, have limited authority to wind up the affairs of the association and execute papers and documents necessary to accomplish the transfer of assets to the [district.
3.] Virgin Valley Water District.
2. All liabilities of the Bunkerville Water Users Association, including, but not limited to, any bonds, debentures, notes, mortgages, deeds of trust, accounts, things in action and all other liabilities of whatever nature of the association, become the liabilities of the Virgin Valley Water District on October 12, 1994.
3. The transfer of liabilities under this section does not in any fashion jeopardize, enhance or otherwise alter any security taken by any obligee with respect to any liability transferred.
Sec. 9. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.
Sec. 10. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 488Assemblyman Hettrick
CHAPTER 267
AN ACT relating to accountants; revising the requirements of education for a certificate of certified public accountant; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 232, Statutes of Nevada 1993, at page 507, is hereby amended to read as follows:
Section 1. NRS 628.200 is hereby amended to read as follows:
628.200 1. The [requirements of experience and] requirement of education for a certificate of certified public accountant [are a Bachelor of Arts or a Bachelor of Science degree] is at least 150 semester hours or an equivalent number of quarter hours and includes a baccalaureate degree or an equivalent degree from a college or university recognized by the board [, with] :
(a) With a major in accounting, or what the board determines to be substantially the equivalent of a major in accounting [, or with a degree in] ; or
(b) With a major other than accounting supplemented by what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration . [, and:
1.]
κ1995 Statutes of Nevada, Page 448 (CHAPTER 267, AB 488)κ
2. The requirement for experience for a certificate of certified public accountant is:
(a) Two years of public accounting experience, including, but in no way limited to, attesting while in practice as a certified public accountant, a registered public accountant, a staff accountant employed by a person who is licensed to practice public accounting or any combination of these types of experience; or
[2.] (b) Experience in internal auditing work or governmental accounting and auditing work of a character and for a length of time sufficient in the opinion of the board to be substantially equivalent to the requirements of [subsection 1.] paragraph (a).
3. The board [may] :
(a) Shall adopt regulations concerning the number of semester hours or an equivalent number of quarter hours in accounting and other courses required by an applicant to satisfy the requirements of subsection 1.
(b) May provide by regulation for the substitution of qualified programs of continuing education to satisfy partially the requirement of experience [imposed by this section,] described in paragraph (b) of subsection 2 or may add any program to the requirement of experience.
________
Assembly Bill No. 477Committee on Commerce
CHAPTER 268
AN ACT relating to social workers; requiring certain records or information received by the board of examiners for social workers to be confidential; authorizing the board to issue subpoenas for the attendance of witnesses and the production of books and papers; establishing the requirements for the renewal of an expired license; prohibiting the board from issuing a license to engage in social work as an associate in social work; revising the fees charged by the board; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 641B or NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, any records or information received by the board relating to a licensee or an applicant for a license are confidential
2. Any records or information received by the board are public records if:
(a) The records or information were obtained by the board during the course of an investigation, the investigation is completed and disciplinary action is imposed by the board as a result of the investigation; or
(b) The licensee or the applicant for a license submits a written request to the board asking that the information or records be made public records.
κ1995 Statutes of Nevada, Page 449 (CHAPTER 268, AB 477)κ
3. This section does not prohibit the board from providing any such records or information to another licensing board or any agency, including a law enforcement agency, which is investigating a person licensed pursuant to this chapter.
Sec. 3. 1. The board may issue subpoenas for the attendance of witnesses and the production of books and papers.
2. The district court, in and for the county in which any hearing is held, may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the board.
3. If any witness refuses to attend or testify or produce any books or papers required by a subpoena, the board may file a petition ex parte with the district court, setting forth that:
(a) Notice has been given of the time and place for the attendance of the witness or the production of the books or papers;
(b) The witness has been subpoenaed in the manner prescribed by this chapter;
(c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing; and
(d) The board therefore requests an order of the court compelling the witness to attend and testify or produce the books and papers before the board.
4. The court, upon such a petition, shall enter an order directing the witness to appear before the court at a time and place fixed by the court in the order, and then and there to show cause why he has not attended or testified or produced the books or papers before the board. The time may not be more than 10 days after the date of the order. A certified copy of the order must be served upon the witness.
5. If the court determines that the subpoena was regularly issued by the board, the court shall thereupon enter an order that the witness appear before the board at the time and place fixed in the order, and testify or produce the required books or papers. Failure to obey the order is a contempt of the court which issued it.
Sec. 4. NRS 641B.210 is hereby amended to read as follows:
641B.210 1. The board shall not grant a license to engage in social work as an associate in social work to any [applicant who:
(a) Possesses the preliminary qualifications set forth in NRS 641B.200; and
(b) Is employed as a social worker, supervisor of social work or administrator of social work on July 1, 1988.] person on or after the effective date of this act.
2. The board shall renew the license of any person who was granted a license to engage in social work as an associate in social work if he complies with the provisions of NRS 641B.280.
3. A person who is granted a license to engage in social work as an associate in social work [pursuant to subsection 1] may supervise another person engaged in the practice of social work.
κ1995 Statutes of Nevada, Page 450 (CHAPTER 268, AB 477)κ
[3.] 4. The provisions of this section do not prohibit a social worker, supervisor of social work or administrator of social work who is employed by a public employer on July 1, 1988, and who is granted a license to engage in social work as an associate in social work , [pursuant to subsection 1,] from being promoted to any position for which he would qualify but for the provisions of this chapter.
Sec. 5. NRS 641B.250 is hereby amended to read as follows:
641B.250 1. Except as otherwise provided in NRS 641B.275, before the issuance of a license, each applicant, otherwise eligible for licensure, who has paid the fee and presented the required credentials, other than an applicant for a license to engage in social work as an associate in social work, [shall] must appear personally and pass [a written] an examination concerning his knowledge of the practice of social work.
2. Any such examination must be fair and impartial, practical in character with questions designed to discover the applicants fitness.
3. The board may employ specialists and other professional consultants or examining services in conducting the examination.
4. The member of the board who is the representative of the general public shall not participate in the grading of the examination.
5. The board shall examine applicants for licensure at least twice a year.
Sec. 6. NRS 641B.260 is hereby amended to read as follows:
641B.260 1. The board may hold hearings and conduct investigations into any matter related to an application for licensure. The board may require the presentation of evidence.
2. [If it appears that the applicant is not of good moral character or reputation or that any credential submitted is false, his application may be rejected.] The board may refuse to issue a license to an applicant if he:
(a) Is not of good moral character as it relates to the practice of social work;
(b) Has submitted any false credential to the board;
(c) Has been disciplined in another state in connection with the practice of social work or has committed any act in another state which is a violation of this chapter; or
(d) Fails to comply with any other requirements for licensure.
Sec. 7. NRS 641B.290 is hereby amended to read as follows:
641B.290 1. If a licensee fails to comply with the requirements of NRS 641B.280 [within 60 days after the date his license expires,] , the license becomes delinquent and the board shall , within 30 days after the license becomes delinquent, send a notice to that effect by certified mail, return receipt requested, to his last known address according to the records of the board.
2. A licensee may renew his license within 60 days after the license becomes delinquent if he complies with the requirements of NRS 641B.280 and pays, in addition to the fee for the annual renewal of a license, the fee for the renewal of a delinquent license.
3. If the license is not renewed within [30] 60 days after the [licensee received the notice, then] license becomes delinquent, the license [is automatically revoked] expires without any further notice or a hearing.
κ1995 Statutes of Nevada, Page 451 (CHAPTER 268, AB 477)κ
[2.] 4. A person whose license [is revoked] expires pursuant to subsection [1] 3 may apply to the board for restoration of his license by:
(a) Submitting a written application for restoration;
(b) Paying all past due renewal fees and the fee for restoration prescribed by the board; and
(c) [Retaking] Passing the examination deemed necessary by the board.
Sec. 8. NRS 641B.300 is hereby amended to read as follows:
641B.300 The board shall charge and collect fees not to exceed the following amounts for:
Initial application................................................................................. [$25] $40
Provisional license......................................................................................... 75
[Examination................................................................................................. 100]
Initial issuance of a license [under this chapter]...................................... 100
Annual renewal of a license [issued under this chapter]......................... 150
Restoration of a revoked license....................................................... [100] 150
Restoration of an expired license.............................................................. 200
Renewal of a delinquent license................................................................ 100
Reciprocal license without examination................................................... 100
Sec. 9. NRS 641B.400 is hereby amended to read as follows:
641B.400 The grounds for initiating disciplinary action [under] pursuant to this chapter are.
1. Unprofessional conduct;
2. Conviction of:
(a) A felony;
(b) Any offense involving moral turpitude; or
(c) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or dangerous drug as defined in chapter 454 of NRS;
3. Use of fraud or deception in:
(a) Applying for a license;
(b) Undergoing the initial licensing examination; or
(c) Rendering services as a social worker;
4. Allowing unauthorized use of a license issued pursuant to this chapter;
5. Professional incompetence; [and
6. Habitual drunkenness.]
6. Practicing social work without a license; and
7. The habitual use of alcohol or any controlled substance which impairs the ability to practice social work.
Sec. 10. NRS 641B.420 is hereby amended to read as follows:
641B.420 As soon as practicable after the filing of such a complaint, the board shall fix a date for a hearing thereon. The date [may not be later] must not be earlier than 30 days after the complaint is filed, except that the date may be [extended] changed upon agreement of both parties. The [secretary-treasurer] board shall immediately notify the defendant licensee of the complaint and the date and place fixed for the hearing. A copy or the complaint must be attached to the notice.
Sec. 11. NRS 641B.430 is hereby amended to read as follows:
641B.430 1. [The hearing of a complaint must be conducted in private by the board.
κ1995 Statutes of Nevada, Page 452 (CHAPTER 268, AB 477)κ
2.] The defendant licensee must be accorded the right to appear at the hearing of a complaint conducted by the board in person and through the representation of legal counsel. He must be given adequate opportunity to confront the witnesses against him, testify and introduce the testimony of witnesses in his behalf and submit arguments and briefs in person or through his counsel. The board shall make and announce its decision as soon as practicable.
[3.] 2. The failure of the person charged to attend his hearing or defend himself must not delay and does not void the proceedings. The board may, for good cause shown, continue any hearing from time to time.
[4.] 3. If the board finds the person guilty as charged in the complaint, it may by order:
(a) Place the person on probation for a specified period or until further order of the board.
(b) Administer to the person a public or private reprimand.
(c) Limit the practice of the person to, or by exclusion of, one or more specified branches of social work.
(d) Suspend the license of the person to practice social work for a specified period or until further order of the board.
(e) Revoke the license of the person to practice social work.
(f) Impose a fine of not more than $5,000, which must be deposited with the state treasurer for credit to the state general fund.
(g) Require the person to pay all costs incurred by the board relating to the discipline of the person.
The order of the board may contain other terms, provisions or conditions as the board deems proper and which are not inconsistent with law.
Sec. 12. NRS 641B.505 is hereby amended to read as follows:
641B.505. 1. Except as otherwise provided in this chapter, it is unlawful for a person to engage in:
[1.] (a) The independent practice of social work unless he is licensed as a clinical social worker or an independent social worker pursuant to this chapter.
[2.] (b) The clinical practice of social work unless he is licensed as a clinical social worker pursuant to this chapter.
2. As used in this section, independent practice of social work means the unsupervised practice of social work, other than for a public employer, for compensation.
Sec. 13. This act becomes effective upon passage and approval.
________
κ1995 Statutes of Nevada, Page 453κ
Assembly Bill No. 369Committee on Government Affairs
CHAPTER 269
AN ACT relating to planning; correcting an obsolete reference regarding the certification of planners; authorizing governing bodies to direct a hearing examiner to take final action on certain matters assigned to him; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.263 is hereby amended to read as follows:
278.263 1. Hearing examiners appointed under the authority of NRS 278.262 [shall] are entitled to receive such compensation as is considered necessary by the governing body and shall possess qualifications similar to those of a licensed architect, attorney, engineer or a member of the American Institute of Certified Planners.
2. Hearing examiners [shall] serve at the pleasure of the governing body in accordance with any appropriate personnel ordinance or regulation.
Sec. 2. NRS 278.265 is hereby amended to read as follows:
278.265 1. Any ordinance enacted pursuant to the provisions of NRS 278.264 [shall] must provide, in substance, the same notice of hearing and conduct of hearing safeguards required by chapter 233B of NRS for contested cases.
2. [Provision in any such ordinance shall be made for the transmittal to the governing body, planning commission or zoning board of adjustment of the hearing examiners written report. The report shall include:
(a) Findings;
(b) Recommendations of approval, denial or other disposition of the application; and
(c) Reasons supporting the recommendations.] The governing body shall by ordinance set forth the duties and powers of the hearing examiner, including a statement of whether the hearing examiner may take final action on any matter assigned to him by the governing body. The governing body may only authorize the hearing examiner to take final action on matters relating to variances.
3. An ordinance adopted pursuant to NRS 278.264 must set forth the manner in which an applicant or protestant may appeal any final action taken by the hearing examiner to the governing body.
________
κ1995 Statutes of Nevada, Page 454κ
Assembly Bill No. 266Committee on Government Affairs
CHAPTER 270
AN ACT relating to hazardous materials; requiring the state emergency response commission to impose a reporting fee; placing a limitation on the total amount of fees a person is required to pay annually to the state emergency response commission; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 459.744 is hereby amended to read as follows:
459.744 1. The commission shall establish by regulation:
[1.] (a) A schedule of fees for its services and regulatory activities. The fees must be set at an amount which approximates the cost to the commission of performing those services and activities.
[2.] (b) A fee, not to exceed $5,000 per year, to be paid by each person who stores an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations. The fee must include:
[(a)] (1) A filing fee for each facility in which such material is stored; and
[(b)] (2) A surcharge for each ton of such material stored in excess of 1 ton,
and must be paid on or before March 30 of each year for the preceding calendar year.
[3.] (c) A fee, not to exceed $2,000 per year, to be paid by each person who manufactures for transport an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations. The fee must include:
[(a)] (1) A filing fee for each facility in which such material is manufactured; and
[(b)] (2) A surcharge for each ton of such material which is manufactured for transport in this state,
and must be paid on or before January 31 of each year for the preceding calendar year.
(d) A reporting fee of $500 to be paid by each person who is required to submit a toxic chemical release form pursuant to Public Law 99-499, which becomes due upon the filing of the form.
2. The commission shall not require any person to pay more than $5,000 in fees imposed pursuant to subsection 1 for any calendar year.
Sec. 2. NRS 459.775 is hereby amended to read as follows:
459.775 Any person who:
1. Transports a hazardous material in a motor vehicle without a valid permit;
2. Transports a hazardous material in a motor vehicle that has not been inspected pursuant to the regulations of the department;
κ1995 Statutes of Nevada, Page 455 (CHAPTER 270, AB 266)κ
3. Fails to carry the permit or a copy of the permit in the drivers compartment of the motor vehicle if required to do so by a regulation of the department;
4. Transports a hazardous material in a motor vehicle under an expired permit.
5. Violates any of the terms or conditions of a permit issued by the division; or
6. Fails to pay when due any fee established pursuant to NRS 459.744 , [or 459.746,]
is guilty of a misdemeanor.
Sec. 3. NRS 459.746 is hereby repealed.
Sec. 4. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations necessary to carry out the amendatory provisions of this act; and
2. On January 1, 1996, for all other purposes.
________
Assembly Bill No. 251Committee on Ways and Means
CHAPTER 271
AN ACT making an appropriation to the Nevada junior livestock show board for gate panels to ensure the safety of exhibitors, spectators and animals at the annual livestock show; and providing other matters properly relating thereto.
[Approved June 19, 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 Nevada junior livestock show board created pursuant to NRS 563.010 the sum of $5,040 for gate panels to ensure the safety of exhibitors, spectators and animals at the annual livestock show.
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 456κ
Assembly Bill No. 250Committee on Ways and Means
CHAPTER 272
AN ACT making an appropriation to the state predatory animal and rodent committee for equipment; and providing other matters properly relating thereto.
[Approved June 19, 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 predatory animal and rodent committee created pursuant to NRS 567.020 the sum of $13,780 for equipment.
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. 249Committee on Ways and Means
CHAPTER 273
AN ACT making an appropriation to the division of agriculture of the department of business and industry for veterinary medical services; and providing other matters properly relating thereto.
[Approved June 19, 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 $46,643 for replacement of two vehicles, laboratory equipment, cooling units and a refrigerator for veterinary medical services.
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 457κ
Assembly Bill No. 248Committee on Ways and Means
CHAPTER 274
AN ACT making an appropriation to the division of agriculture of the department of business and industry for trucks and safety clothing and equipment for the plant industry program; and providing other matters properly relating thereto.
[Approved June 19, 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 $170,617 for trucks and safety clothing and equipment for the plant industry program.
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. 247Committee on Ways and Means
CHAPTER 275
AN ACT making an appropriation to the division of agriculture of the department of business and industry for the maintenance and repair of facilities leased by the division of agriculture; and providing other matters properly relating thereto.
[Approved June 19, 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 the sum of $15,985 for the maintenance and repair of facilities leased by the division of agriculture.
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 458κ
Assembly Bill No. 244Committee on Ways and Means
CHAPTER 276
AN ACT making an appropriation to the department of business and industry for the operating expenses of a program to provide small businesses with access to financing not otherwise available; and providing other matters properly relating thereto.
[Approved June 19, 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 business and industry the sum of $200,000 to carry out the provisions of subsection 2.
2. The department of business and industry may use the money appropriated by subsection 1 to contract with a private corporation to manage a privately capitalized fund, or pool of funds, used to provide small businesses in this state with access to financing not otherwise available to those businesses if:
(a) Legally binding commitments of at least $3,000,000, or such greater amount as the director of the department of business and industry determines appropriate, have been made by private sources of funding to capitalize the fund or pool of funds.
(b) The contract:
(1) Restricts the use of any money paid to the corporation pursuant to this subsection to payment of a portion of the direct operating expenses of the corporation incurred during the initial 2 years of its management of the fund or pool of funds.
(2) Prohibits the corporation from using any money paid to the corporation pursuant to this subsection to pay any of the expenses of organizing or capitalizing the fund or pool of funds.
(c) The corporation has an adequate managerial structure in place to carry out the provisions of the contract.
3. A corporation that receives any money pursuant to subsection 2 shall submit to the 69th session of the Nevada Legislature a written report of its expenditure of that money and its success in providing small businesses in this state with access to financing not otherwise available to those businesses.
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 459κ
Assembly Bill No. 241Committee on Ways and Means
CHAPTER 277
AN ACT making an appropriation to the commission on postsecondary education for computer hardware and software; and providing other matters properly relating thereto.
[Approved June 19, 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 commission on postsecondary education the sum of $17,300 for the development of a computerized data base and office management system for the automation of agency functions.
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. 238Committee on Ways and Means
CHAPTER 278
AN ACT making an appropriation to the Nevada commissioner for veteran affairs of the department of motor vehicles and public safety for improvements to veterans cemeteries; and providing other matters properly relating thereto.
[Approved June 19, 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 Nevada commissioner for veteran affairs of the department of motor vehicles and public safety the sum of $237,200 for improvements to veterans cemeteries, of which $22,200 must be expended for preburial vaults.
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 460κ
Assembly Bill No. 237Committee on Ways and Means
CHAPTER 279
AN ACT making an appropriation to the Nevada commissioner for veteran affairs of the department of motor vehicles and public safety for replacement of the backhoe used at the Boulder City veterans cemetery; and providing other matters properly relating thereto.
[Approved June 19, 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 Nevada commissioner for veteran affairs of the department of motor vehicles and public safety the sum of $42,000 for replacement of the backhoe used at the Boulder City veterans cemetery.
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. 531Assemblymen Braunlin, Goldwater, Stroth, Manendo, Brower, Price, Tiffany and Allard
CHAPTER 280
AN ACT relating to cosmetology; providing for the regulation and licensure of hair designers; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Hair designer means any person who engages in the practices of:
1. Cleansing, stimulating or massaging the scalp, or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
2. Cutting, trimming or shaping the hair.
3. Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands or mechanical or electrical apparatus or appliances, or by other means or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.
κ1995 Statutes of Nevada, Page 461 (CHAPTER 280, AB 531)κ
Sec. 3. The board shall admit to examination for a license as a hair designer, at any meeting of the board held to conduct examinations, each person who has applied to the board in proper form and paid the fee, and who:
1. Is not less than 18 years of age.
2. Is of good moral character.
3. Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.
4. Has had at least one of the following:
(a) Training of at least 1,200 hours, extending over a period of 7 consecutive months, in a school of cosmetology approved by the board.
(b) Practice of the occupation of hair designing for at least 4 years outside this state.
(c) If the applicant is a barber registered pursuant to chapter 643 of NRS, 400 hours of specialized training approved by the board.
Sec. 4. The examination for licensure as a hair designer may include:
1. Practical demonstrations in shampooing the hair, hairdressing, styling of hair, finger waving, coloring of hair, thermal curling, marcelling, massage of the scalp with the hands, and cutting, trimming or shaping the hair;
2. Written or oral tests, or both written and oral tests, on:
(a) Antisepsis, sterilization and sanitation;
(b) The use of mechanical apparatus and electricity as applicable to the practice of a hair designer; and
(c) The laws of this state and the regulations of the board relating to the practice of cosmetology; and
3. Such other demonstrations and tests as the board may require.
Sec. 5. NRS 644.020 is hereby amended to read as follows:
644.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644.0205 to 644.029, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 644.0205 is hereby amended to read as follows:
644.0205 Aesthetician means any person who engages in the practices of:
1. Beautifying, massaging, cleansing or stimulating the skin of the human body, except the scalp, by the use of cosmetic preparations, antiseptics, tonics, lotions or creams or any device, electrical or otherwise, for the care of the skin;
2. Applying make-up or eyelashes to any person, tinting eyelashes and eyebrows and lightening hair on the body except the scalp; and
3. Removing superfluous hair from the body of any person by the use of depilatories, waxing or tweezers,
but does not include the branches of cosmetology of a cosmetologist, hair designer, electrologist or manicurist.
Sec. 7. NRS 644.024 is hereby amended to read as follows:
644.024 Cosmetology includes the [occupation] occupations of a cosmetologist, aesthetician, electrologist [or] , hair designer and manicurist.
Sec. 8. NRS 644.130 is hereby amended to read as follows:
644.130 1. The board shall keep a record containing the name, known place of business and the date and number of the license of every manicurist, electrologist, aesthetician , hair designer and cosmetologist, together with the names and addresses of all cosmetological establishments and schools of cosmetology licensed pursuant to this chapter.
κ1995 Statutes of Nevada, Page 462 (CHAPTER 280, AB 531)κ
electrologist, aesthetician , hair designer and cosmetologist, together with the names and addresses of all cosmetological establishments and schools of cosmetology licensed pursuant to this chapter. The record must also contain the facts which the applicants claimed in their applications to justify their licensure.
2. The board may disclose the information contained in the record kept pursuant to subsection 1 to:
(a) Any other licensing board or agency that is investigating a licensee.
(b) A member of the general public, except information concerning the address and telephone number of a licensee.
Sec. 9. NRS 644.220 is hereby amended to read as follows:
644.220 1. In addition to the fee for an application, the fees for examination are:
(a) For examination as a cosmetologist, not less than $40 and not more than $75.
(b) For examination as an electrologist, not less than $40 and not more than $75.
(c) For examination as a hair designer, not less than $40 and not more than $75.
(d) For examination as a manicurist, not less than $40 and not more than $75.
[(d)] (e) For examination as an aesthetician, not less than $40 and not more than $75.
[(e)] (f) For examination as an instructor of aestheticians or in cosmetology or manicuring, $40.
The fee for each re-examination is not less than $40 and not more than $75.
2. Each applicant referred to in subsection 1 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination.
Sec. 10. NRS 644.260 is hereby amended to read as follows:
644.260 The board shall issue a license as a cosmetologist, aesthetician, electrologist, hair designer, manicurist or instructor to each applicant who passes a satisfactory examination, conducted by the board to determine his fitness to practice that occupation of cosmetology.
Sec. 11. NRS 644.300 is hereby amended to read as follows:
644.300 Every licensed manicurist, electrologist, aesthetician , hair designer or cosmetologist shall, within 30 days after changing his place of business, as designated in the records of the board, notify the secretary of the board of his new place of business. Upon receipt of the notification, the secretary shall make the necessary change in the records.
Sec. 12. NRS 644.320 is hereby amended to read as follows:
644.320 1. The license of every cosmetologist, aesthetician, electrologist, hair designer, manicurist, provisional instructor and instructor expires on July 1 of the next succeeding odd-numbered year.
2. The board shall adopt regulations governing the proration of the fee required for initial licenses issued for less than 1 1/2 years.
Sec. 13. NRS 644.325 is hereby amended to read as follows:
644.325 1. An application for renewal of any license issued pursuant to this chapter must be:
κ1995 Statutes of Nevada, Page 463 (CHAPTER 280, AB 531)κ
(a) Made on a form prescribed and furnished by the board at any time during the month of June of the year in which the license expires; and
(b) Accompanied by the fee for renewal.
2. The fees for renewal are:
(a) For manicurists, electrologists, aestheticians , hair designers and cosmetologists, not less than $30 and not more than $50.
(b) For instructors, not less than $40 and not more than $60.
(c) For cosmetological establishments, not less than $60 and not more than $100.
(d) For schools of cosmetology, not less than $450 and not more than $500.
3. For each month or fraction thereof after July 1 in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $25 for a school of cosmetology and $10 for a cosmetological establishment and all persons licensed pursuant to this chapter.
4. An application for renewal of a license as a cosmetologist, hair designer, aesthetician, electrologist, manicurist or instructor must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.
Sec. 14. NRS 644.330 is hereby amended to read as follows:
644.330 1. A manicurist, electrologist, aesthetician, hair designer, cosmetologist or instructor whose license has expired may have his license renewed only upon payment of all required fees.
2. Any manicurist, electrologist, aesthetician, hair designer, cosmetologist or instructor who retires from practice for more than 1 year may have his license restored only upon payment of all required fees.
3. No manicurist, electrologist, aesthetician, hair designer, cosmetologist or instructor who has retired from practice for more than 4 years may have his license restored without examination and must comply with any additional requirements established in regulations adopted by the board.
Sec. 15. NRS 644.330 is hereby amended to read as follows:
644.360 1. Every holder of a license issued by the board to operate a cosmetological establishment shall display the license in plain view of members of the general public in the principal office or place of business of the holder.
2. The operator of a cosmetological establishment shall lease space to or employ only licensed manicurists, electrologists, aestheticians , hair designers and cosmetologists at his establishment to provide cosmetological services.
Sec. 16. NRS 644.370 is hereby amended to read as follows:
644.370 A cosmetological establishment must, at all times, be under the immediate supervision of a licensed manicurist, electrologist, aesthetician , hair designer or cosmetologist.
Sec. 17. NRS 644.408 is hereby amended to read as follows:
644.408 A student must receive the following amount of instruction in the classroom before commencing work on members of the public:
1. A student enrolled as a cosmetologist must receive 250 hours.
2. A student enrolled as a hair designer must receive 250 hours.
κ1995 Statutes of Nevada, Page 464 (CHAPTER 280, AB 531)κ
3. A student enrolled as a manicurist must receive 80 hours.
[3.] 4. A student enrolled as an electrologists apprentice must receive 150 hours.
[4.] 5. A student enrolled as an aesthetician must receive 100 hours.
Sec. 18. NRS 644.425 is hereby amended to read as follows:
644.425 1. The board may grant a temporary educational permit authorizing a current licensee within the scope of his license to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of techniques for the benefit and instruction of cosmetologists, hair designers, aestheticians, electrologists and manicurists licensed pursuant to this chapter, and electrologists apprentices and students enrolled in licensed schools of cosmetology.
2. The permit must specify the purpose for which it is granted, the period during which the person is permitted to conduct the demonstrations and exhibitions, which may not exceed 10 days, and the time and place of exercising the privilege granted by the permit.
3. A person may be granted a temporary educational permit only if he:
(a) Applies to the board for the permit;
(b) Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes; and
(c) Pays a fee of not less than $10 and not more than $25.
Except for schools licensed pursuant to this chapter, an application for a permit must be submitted at least 10 days before the date of the demonstration or exhibit.
4. It is unlawful:
(a) For any person to conduct a demonstration or exhibition without a permit.
(b) For any person who is granted a permit to allow persons other than cosmetologists, hair designers, aestheticians, electrologists and manicurists licensed pursuant to this chapter, and electrologists apprentices and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.
Sec. 19. NRS 644.430 is hereby amended to read as follows:
644.430 1. The following are grounds for disciplinary action by the board:
(a) Failure of an owner of a cosmetological establishment, a licensed aesthetician, cosmetologist, hair designer, electrologist, instructor, manicurist or school of cosmetology to comply with the requirements of this chapter or the applicable regulations adopted by the board.
(b) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.
(c) Gross malpractice.
(d) Continued practice by a person knowingly having an infectious or contagious disease.
(e) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.
(f) Advertisement by means of knowingly false or deceptive statements.
κ1995 Statutes of Nevada, Page 465 (CHAPTER 280, AB 531)κ
(g) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.
(h) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.
(i) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
(j) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.
(k) Any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.
2. If the board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license;
(b) Revoke or suspend a license;
(c) Place the licensee on probation for a specified period; or
(d) Impose a fine not to exceed $1,000.
Sec. 20. NRS 644.475 is hereby amended to read as follows:
644.475 1. Any establishment in which hairpieces are sold may set or style a new hairpiece on a person in preparation for retail sale. After [such] the sale , the hairpiece may only be set or styled by a licensed cosmetologist [.] or hair designer.
2. A used hairpiece [shall] must be cleaned by a licensed cosmetologist or hair designer before being sold or tried on a customer.
3. This section does not prohibit a licensed barber from performing any service with respect to hairpieces which a licensed cosmetologist or hair designer may perform.
________
Senate Bill No. 399Committee on Judiciary
CHAPTER 281
AN ACT relating to gaming; clarifying the term gross revenue; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.0161 is hereby amended to read as follows:
463.0161 1. Gross revenue means the total of all:
(a) Cash received as winnings;
(b) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and
(c) Compensation received for conducting any game in which the licensee is not party to a wager,
less the total of all cash paid out as losses to patrons, those amounts paid to purchase annuities to fund losses paid to patrons over several years by independent financial institutions and any other items made deductible as losses by NRS 463.3715.
κ1995 Statutes of Nevada, Page 466 (CHAPTER 281, SB 399)κ
independent financial institutions and any other items made deductible as losses by NRS 463.3715. For the purposes of this section, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses.
2. The term does not include:
(a) Counterfeit money or tokens;
(b) Coins of other countries which are received in gaming devices;
(c) Any portion of the face value of any chip, token or other representative of value won by a licensee from a patron for which the licensee can demonstrate that it or its affiliate has not received cash;
(d) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed;
[(d)] (e) Cash received as entry fees for contests or tournaments in which patrons compete for prizes; or
[(e)] (f) Uncollected baccarat commissions.
3. As used in this section, baccarat commission means:
(a) A fee assessed by a licensee on cash paid out as a loss to a patron at baccarat to modify the odds of the game; or
(b) A rate or fee charged by a licensee for the right to participate in a baccarat game.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 375Committee on Judiciary
CHAPTER 282
AN ACT relating to crimes; prohibiting the performance of an act or the neglect of a duty in willful or wanton disregard of the safety of persons or property; providing a penalty; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS of NRS is hereby amended by adding thereto a new section to read as follows:
Unless a greater penalty is otherwise provided by statute and except under the circumstances described in NRS 484.377, a person who performs any act or neglects any duty imposed by law in willful or wanton disregard of the safety of persons or property shall be punished:
1. If the act or neglect does not result in the substantial bodily harm or death of a person, for a gross misdemeanor.
2. If the act or neglect results in the substantial bodily harm or death of a person, for a felony.
κ1995 Statutes of Nevada, Page 467 (CHAPTER 282, SB 375)κ
Sec. 2. The amendatory provisions of this act do not apply to offenses which are committed before the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 271Committee on Taxation
CHAPTER 283
AN ACT relating to insurance; repealing temporarily the provisions requiring prepayment of the insurance premium tax; and providing other matters properly relating thereto.
[Approved June 19, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 679A.160 is hereby amended to read as follows:
679A.160 Unless otherwise provided, no provision of this code applies to:
1. Fraternal benefit societies, as identified in chapter 695A or NRS, except as stated in chapter 695A of NRS.
2. Hospital, medical or dental service corporations, as identified in chapter 695B of NRS, except as stated in chapter 695B of NRS.
3. Motor clubs, as identified in chapter 696A of NRS, except as stated in chapter 696A of NRS.
4. Bail bondsmen, as identified in chapter 697 of NRS, except as stated in NRS 680B.025 to 680B.039, inclusive, and section 2 of this act, and chapter 697 of NRS.
5. Risk retention groups, as identified in chapter 695E of NRS, except as stated in chapter 695E of NRS.
6. Health and welfare plans arising out of collective bargaining under chapter 288 of NRS, except that the commissioner may review the plan to ensure that the benefits are reasonable in relation to the premiums and that the fund is financially sound.
Sec. 2. Chapter 680B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each insurer which, pursuant to NRS 680B.027, paid or is required to pay a tax of at least $2,000 on net direct premiums and net direct considerations written during the preceding calendar year, shall file a quarterly report in such form as prescribed by the executive director of the department of taxation. Each 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 preceding calendar year. Each quarterly payment is due on the last day of the last month in each calendar quarter.
2. If an overpayment of the tax imposed by NRS 680B.027 results from the payments made pursuant to this section, the insurer shall apply the overpayment against each succeeding quarterly estimated payment due in the current calendar year until the overpayment has been extinguished.
κ1995 Statutes of Nevada, Page 468 (CHAPTER 283, SB 271)κ
Sec. 3. NRS 680B.027 is hereby amended to read as follows:
680B.027 1. Except as otherwise provided in NRS 680B.033 [,] and 680B.050, for the privilege of transacting business in this state, each insurer shall pay to the department of taxation a tax upon his net direct premiums and net direct considerations written at the rate of 3.5 percent.
2. The tax must be paid [at the same time the report] in the manner required by NRS 680B.030 [is filed.
3. On or before March 1 of each year, each insurer who pursuant to subsection 1, paid or is required to pay a tax of at least $2,000 on net premiums and net direct considerations written during the preceding calendar year, shall pay to the department of taxation a prepayment of the tax imposed by subsection 1 in an amount equal to at least 50 percent of the tax he estimates he will owe pursuant to subsection 1 for that calendar year. The remainder of the prepayment of the estimated tax must be made on or before June 15 of that calendar year. The total of the prepayments must not be less than the actual tax pursuant to subsection 1 for the preceding calendar year. The department of taxation shall accept a subsequent prepayment of the estimated tax from an insurer if the insurer files with the department of taxation a statement under oath setting forth the facts requiring the additional payment.
4. If an overpayment of the insurers actual tax liability results from his prepayment of the tax pursuant to subsection 3 in the preceding year, the insurer shall apply the overpayment to the prepayment due pursuant to subsection 3 in succeeding years until the overpayment has been extinguished.
5. Except as otherwise provided in subsection 7, if the prepayment made pursuant to subsection 3 is less than 85 percent of the tax that was actually owed by the insurer for the calendar year in which the prepayment was made, the insurer shall pay to the department of taxation:
(a) A penalty in an amount equal to 5 percent of the underpayment; and
(b) An administrative fine of $2,000.
6. Except as otherwise provided in subsection 7 and in addition to the penalty and fine provided by subsection 5:
(a) An insurer whose prepayment is less than 85 percent of the tax that was actually owed by the insurer for the calendar year in which the prepayment was made shall pay interest on the difference between the total amount of the prepayment and 85 percent of the amount actually owed at the rate of 1.5 percent per month, or fraction of a month, from the March 1 on which the initial prepayment became due until the date of payment.
(b) An insurer who does not make a prepayment required by subsection 3 when due shall pay interest at the rate of 1.5 percent per month, or fraction of a month, on the amount of the prepayment owed from the date on which the prepayment became due until the date of payment.
(c) An insurer who does not make any payment of the tax imposed pursuant to this section when due shall pay interest at the rate of 1.5 percent per month, or fraction of a month, on the amount owed from the date on which the payment became due until the date of payment.
7. The executive director of the department of taxation may, for good cause shown, waive or reduce the penalty, fine or interest imposed by subsection 5 or 6. Any insurer seeking relief from the penalty, fine or interest must file with the department of taxation a statement under oath setting forth the facts upon which he bases his claim for relief.
κ1995 Statutes of Nevada, Page 469 (CHAPTER 283, SB 271)κ
file with the department of taxation a statement under oath setting forth the facts upon which he bases his claim for relief.
8.] and section 2 of this act.
3. The commissioner or the executive director of the department of taxation may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
[9. A newly admitted insurer who receives a certificate of authority after January 1 from the commissioner is not required to make a prepayment of the premium tax pursuant to subsection 3 for the year in which he is admitted. The tax for the insurers first calendar year must be paid at the time that the report required by NRS 680B.030 is filed.]
Sec. 4. NRS 680B.030 is hereby amended to read as follows:
680B.030 1. Each insurer and each formerly authorized insurer with respect to insurance transacted while an authorized insurer and property bondsman shall, on or before March 1 each year, or within any reasonable extension of time therefor which the executive director of the department of taxation may for good cause have granted on or before that date, file with the department of taxation a report in such form as prescribed by the executive director of the department of taxation in cooperation with the commissioner, showing total income derived from direct premiums written, including policy, membership and other fees and assessments, and all other considerations for insurance, bail or annuity contracts written during the next preceding calendar year on account of policies and contracts covering property, subjects or risks located, resident or to be performed in this state, with proper proportionate allocation of premiums as to such persons, property, subjects or risks in this state insured under policies and contracts covering persons, property, subjects or risks located or resident in more than one state, after deducting from the total income derived from direct premiums written:
(a) The amount of return premiums; and
(b) Dividends, savings and unabsorbed premium deposits returned to policyholders in cash or credited to their accounts.
2. The report must be [verified] :
(a) Accompanied by a payment made payable to the department of taxation in an amount equal to all of the tax required to be paid on net direct premiums and net direct considerations written during the preceding calendar year, less any quarterly payments made for the same period pursuant to section 2 of this act; and
(b) Verified by the oath or affirmation of the insurers president, vice president, secretary, treasurer or manager.
Sec. 5. NRS 680B.030 is hereby amended to read as follows:
680B.039 Any insurer that fails to file the report or pay the tax as required by NRS 680B.025 to 680B.039, inclusive, and section 2 of this act, within the time for filing and payment as provided in those sections shall in addition to any other applicable penalty pay a penalty of not more than 10 percent of the amount of the tax which is owed, as determined by the department of taxation, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax should have been paid until the date of payment.
κ1995 Statutes of Nevada, Page 470 (CHAPTER 283, SB 271)κ
Sec. 6. NRS 680B.0395 is hereby amended to read as follows:
680B.0395 An insurer who holds a certificate of authority as a reinsurer is exempt from the requirements of NRS 680B.025 to 680B.039, inclusive [.] , and section 2 of this act.
Sec. 7. NRS 680B.050 is hereby amended to read as follows:
680B.050 1. Except as otherwise provided in this section, a domestic or foreign insurer which owns and substantially occupies and uses any building in this state as its home office or as a regional home office, as defined in subsection 2, is entitled to the following credits against the tax otherwise imposed by NRS 680B.027:
(a) An amount equal to 50 percent of the aggregate amount of the tax as determined under NRS 680B.025 to 680B.039, inclusive [;] , and section 2 of this act; and
(b) An amount equal to the full amount of ad valorem taxes paid by the insurer during the calendar year next preceding the filing of the report required by NRS 680B.030, upon the home office or regional home office together with the land, as reasonably required for the convenient use of the office, upon which the home office or regional home office is situated.
These credits must not reduce the amount of tax payable to less than 20 percent of the tax otherwise payable by the insurer under NRS 680B.027.
2. For the purposes of this section a regional home office means an office of the insurer performing for an area covering two or more states, with a minimum of 25 employees on its office staff, the supervision, underwriting, issuing and servicing of the insurance business of the insurer.
3. The insurer shall on or before March 1 of each year furnish proof to the satisfaction of the executive director of the department of taxation, on forms furnished by or acceptable to the executive director, as to its entitlement to the tax reduction provided for in this section. A determination of the executive director of the department of taxation pursuant to this section is not binding upon the commissioner for the purposes of NRS 682A.240.
4. An insurer is not entitled to the credits provided in this section unless:
(a) The insurer owned the property upon which the reduction is based for the entire year for which the reduction is claimed; and
(b) The insurer occupied at least 70 percent of the usable space in the building to transact insurance or the insurer is a general or limited partner and occupies 100 percent of its ownership interest in the building.
5. If two or more insurers under common ownership or management and control jointly own in equal interest, and jointly occupy and use such a home office or regional home office in this state for the conduct and administration of their respective insurance businesses as provided in this section, each of the insurers is entitled to the credits provided for by this section if otherwise qualified therefor under this section.
Sec. 8. NRS 681B.010 is hereby amended to read as follows:
681B.010 In any determination of the financial condition of an insurer, there must be allowed as assets only such assets as are owned by the insurer and which consist of:
1. Cash in the possession of the insurer, or in transit under its control, and including the true balance of any deposit in a solvent bank or trust company.
κ1995 Statutes of Nevada, Page 471 (CHAPTER 283, SB 271)κ
2. Investments, securities, properties and loans acquired or held in accordance with the code, and in connection therewith the following items:
(a) Interest due or accrued on any bond or evidence of indebtedness which is not in default and which is not valued on a basis including accrued interest.
(b) Declared and unpaid dividends on stock and shares, unless such amount has otherwise been allowed as an asset.
(c) Interest due or accrued upon a collateral loan in an amount not to exceed 1 years interest thereon.
(d) Interest due or accrued on deposits in solvent banks and trust companies, and interest due or accrued on other assets, if such interest is, in the judgment of the commissioner, a collectible asset.
(e) Interest due or accrued on a mortgage loan, in an amount not exceeding in any event the amount, if any, of the excess of the value of the property less delinquent taxes thereon over the unpaid principal; but in no event may interest accrued for a period in excess of 18 months be allowed as an asset.
(f) Rent due or accrued on real property if such rent is not in arrears for more than 3 months, and rent more than 3 months in arrears if the payment of such rent is adequately secured by property held in the name of the tenant and conveyed to the insurer as collateral.
(g) The unaccrued portion of taxes paid before the due date on real property.
3. Premium notes, policy loans and other policy assets and liens on policies and certificates of life insurance and annuity contracts and accrued interest thereon, in an amount not exceeding the legal reserve and other policy liabilities carried on each individual policy.
4. The net amount of uncollected and deferred premiums and annuity considerations in the case of a life insurer.
5. Premiums in the course of collection, other than for life insurance, not more than 3 months past due, less commissions payable thereon. The foregoing limitation [shall] does not apply to premiums payable directly or indirectly by the United States Government or by any of its instrumentalities.
6. Installment premiums other than life insurance premiums to the extent of the unearned premium reserve carried on the policy to which premiums apply.
7. Notes and like written obligations not past due, taken for premiums other than life insurance premiums, on policies permitted to be issued on such basis, to the extent of the unearned premium reserves carried thereon.
8. The full amount of reinsurance recoverable by a ceding insurer from a solvent reinsurer, which reinsurance is authorized under NRS 681A.110.
9. Amounts receivable by an assuming insurer representing funds withheld by a solvent ceding insurer under a reinsurance treaty.
10. Deposits or equities recoverable from underwriting associations, syndicates and reinsurance funds, or from any suspended banking institution, to the extent deemed by the commissioner available for the payment of losses and claims and at values to be determined by him.
11. All such assets, whether or not consistent with the provisions of this section, as may be allowed pursuant to the annual statement form approved by the commissioner for the kinds of insurance to be reported upon therein.
κ1995 Statutes of Nevada, Page 472 (CHAPTER 283, SB 271)κ
12. As to a title insurer, its title plant and equipment reasonably necessary for the conduct of its abstract or title insurance business, at not to exceed the cost thereof.
13. Electronic and mechanical machines and related equipment constituting a data processing, recordkeeping or accounting system or systems if the cost of each such system is at least $25,000, which cost must be amortized in full over a period not to exceed 10 years. The aggregate amount invested in all such systems must not exceed 5 percent of the insurers assets.
14. [Prepaid premium taxes pursuant to NRS 680B.027 and any interest paid on loans for the prepayment of those taxes.
15.] Other assets, not inconsistent with the provisions of this section, deemed by the commissioner to be available for the payment of losses and claims at values to be determined by him.
Sec. 9. NRS 695C.055 is hereby amended to read as follows:
695C.055 1. The provisions of NRS 449.465, 679B.158 and 680B.025 to 680B.060, inclusive, and section 2 of this act and subsections 2, 4, 18, 19 and 32 of NRS 680B.010 apply to a health maintenance organization.
2. For the purposes of subsection 1, unless the context requires that a provision apply only to insurers, any reference in those sections to insurer must be replaced by health maintenance organization.
Sec. 10. For the calendar year 1995:
1. An insurer who has made the prepayments due on or before June 15 pursuant to the provisions of section 1 of Senate Bill No. 122 of this session is excused from making the payments otherwise due pursuant to section 2 of this act for the remainder of the 1995 calendar year.
2. If an overpayment of the tax due pursuant to NRS 680B.027, as amended by this act, results from any combination of payments made pursuant to the provisions of NRS 680B.027 before its amendment by this act or section 2 of this act, the insurer shall apply the overpayment to each successive quarterly estimated payment due for calendar years after 1995 until the overpayment has been extinguished.
Sec. 11. Section 4 of chapter 456, Statutes of Nevada 1993, at page 1448, is hereby repealed.
Sec. 12. 1. This section and sections 1 to 7, inclusive, 9, 10 and 11 of this act become effective upon passage and approval and apply retroactively to January 1, 1995.
2. Section 8 of this act becomes effective on January 1, 1996.
3. Sections 1 to 9, inclusive, of this act expire by limitation on January 1, 1998.
________
κ1995 Statutes of Nevada, Page 473κ
Senate Bill No. 404Committee on Commerce and Labor
(Requested by Nevada Bankers Association)
CHAPTER 284
AN ACT relating to banks; authorizing the organization of a bank as a limited-liability company; providing an exception to the restrictions on payment of dividends or making of distributions; repealing the requirement for the triennial revision of certain regulations regarding the retention of records; and providing other matters properly relating thereto.
[Approved June 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 657.016 is hereby amended to read as follows:
657.016 Bank, commercial [bank] bank, banking company or banking corporation refers to corporations [,] or limited-liability companies, whether chartered by the state or [Federal Government,] the United States, conducting the business of receiving money as demand deposits or otherwise carrying on a banking or banking and trust business.
Sec. 2. NRS 657.075 is hereby amended to read as follows:
657.075 Surplus means a fund created pursuant to the provisions of this Title by a bank from payments by stockholders or members or from the banks net earnings or undivided profits which, to the amount specified and by any additions thereto set apart and designated as such, is not available for the payment of dividends and cannot be used for the payment of expenses or losses while [such] the bank has undivided profits.
Sec. 3. NRS 657.095 is hereby amended to read as follows:
657.095 All provisions of [chapter 78] chapters 78 and 86 of NRS not in conflict with this Title are hereby adopted as a part of this Title.
Sec. 4. NRS 657.105 is hereby amended to read as follows:
657.105 1. The powers, privileges, duties and restrictions conferred and imposed upon any corporation, company, association or [individual,] natural person, existing and doing business under the laws of this state, are hereby abridged, enlarged or modified, as each particular case may require, to conform to the provisions of this Title, notwithstanding anything to the contrary in its respective articles of incorporation , articles of organization or charter.
2. As used in this section, doing business under the laws of this state does not include the lending of money to a person who is not a resident of this state, whether or not the bank which extended the credit or service the loan is located in this state.
Sec. 5. NRS 658.115 is hereby amended to read as follows:
658.115 1. The commissioner shall make summary orders in writing as provided in subsections 2 to 5, inclusive.
2. [Whenever any banking corporation,] If a bank, a member of its board of directors or any manager, officer, employee , member or stockholder [of the corporation violates the corporations charter] violates the banks articles of incorporation or organization or any law related to banking, or, in the opinion of the commissioner, is conducting its business in an unauthorized or unsafe manner, the commissioner shall forthwith issue an order, in writing, directing the discontinuance of the unauthorized or unsafe practices.
κ1995 Statutes of Nevada, Page 474 (CHAPTER 284, SB 404)κ
opinion of the commissioner, is conducting its business in an unauthorized or unsafe manner, the commissioner shall forthwith issue an order, in writing, directing the discontinuance of the unauthorized or unsafe practices.
3. [Whenever] If it appears to the commissioner that the capital stock or total contributions of any bank has been reduced in value below the requirements of law, or of its [certificate] articles of incorporation [,] or organization, he shall forthwith issue an order directing that the bank make good the deficiency forthwith or within a time specified in the order.
4. [Whenever] If it appears to the commissioner that either the total reserves or reserves on hand of any bank are below the amount required by law to be maintained, or that a bank is not keeping its reserves on hand as required by this Title, he shall forthwith issue an order directing that the bank make good its reserves forthwith, or within the time specified within the order, or that it keep its reserves on hand as required by this Title.
5. [Whenever] If it appears to the commissioner that any bank to which this Title is applicable does not keep its books or accounts in such a manner as to enable the commissioner readily to ascertain its true condition, he shall issue an order requiring the bank, or the officers or managers thereof, or any of them, to open and keep its books or accounts as he may, in his discretion, determine and prescribe for the purpose of keeping accurate and convenient records of the transactions and accounts of the bank.
Sec. 6. NRS 659.015 is hereby amended to read as follows:
659.015 Any number of persons, not [less] fewer than three, who [may be desirous of forming a bank and engaging] desire to form a bank and engage in the business of establishing, maintaining and operating banks of discount and deposit, savings, time and demand deposits, or [engaging] in the business of establishing, maintaining and operating offices of loan and deposits, or [operating banks engaged in] to operate a bank doing a trust and fiduciary business, shall [be incorporated] organize as a banking corporation or company in the manner provided in this Title.
Sec. 7. NRS 659.025 is hereby amended to read as follows:
659.025 The articles of incorporation [shall] or organization must set forth:
1. The name of the corporation [. No name shall] or limited-liability company. No name may be used which is already in use by another [existing] corporation or company organized under the laws of this state or of the [Congress,] United States, or so nearly similar thereto as to lead to uncertainty or confusion.
2. The location of its principal office in this state.
3. The nature of its business.
4. The names and post office addresses of subscribers for stock [,] or initial members of the company, and the number of shares subscribed or the amount contributed by each. The aggregate of [such subscriptions shall be] the subscriptions or contributions is the amount of the capital with which the bank will commence business.
5. The period, if any, limited for the duration of the banking corporation [.] or company.
κ1995 Statutes of Nevada, Page 475 (CHAPTER 284, SB 404)κ
Sec. 8. NRS 659.035 is hereby amended to read as follows:
659.035 1. The articles of incorporation or organization must be signed by [the original incorporators, or] a majority of [them, and] the persons originally organizing the bank, must be proved or acknowledged before a person authorized under the laws of this state to take proof or acknowledgment of deeds, and must be [filed in the office of] delivered to the secretary of state [.] for filing.
2. The secretary of state shall forthwith transmit to the commissioner a copy of the articles [of incorporation,] and shall not [issue a corporation charter certificate or record the articles of incorporation] file the articles until authorized to do so by the commissioner . [as provided in NRS 659.065.]
Sec. 9. NRS 659.045 is hereby amended to read as follows:
659.045 1. Upon receipt of a copy of the articles of incorporation or organization of the proposed bank, the commissioner shall at once examine into all of the facts connected with the formation of the proposed banking corporation [,] or company, including its location and proposed stockholders [.] or members. If it appears that the [corporation,] bank, if formed, will be lawfully entitled to commence the business of banking, the commissioner shall so certify to the secretary of state, unless upon examination and investigation he finds that:
(a) The proposed [corporation] bank is formed for any other than legitimate banking business;
(b) The character, general fitness and responsibility of the persons proposed as stockholders, directors, officers [and other managerial officials of the corporation] , members or managers of the bank are not such as to command the confidence of the community in which the bank is proposed to be located;
(c) The probable volume of business and reasonable public demand in such community is not sufficient to assure and maintain the solvency of the new bank and of the then existing bank or banks in the community;
(d) The name of the proposed [corporation] banking corporation or company is likely to mislead the public as to its character or purpose; or
(e) The proposed name is the same as the one already adopted or appropriated by an existing bank in this state, or so similar thereto as to be likely to mislead the public.
2. The commissioner shall not make the certification to the secretary of state until he has ascertained that the establishment of the bank will meet the needs and promote the convenience of the community to be served by the bank.
3. A nonrefundable fee of $3,000 for the application and survey must be submitted to the commissioner at the time the articles [of incorporation] are filed with the secretary of state. The proposed banking corporation or company shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this section must be placed in the investigative account created by NRS 232.545.
Sec. 10. NRS 659.065 is hereby amended to read as follows:
659.065 1. Upon receipt of the certification from the commissioner, the secretary of state shall, if the articles of incorporation or organization are in accordance with law, [issue] file the articles and cause them to be recorded in his office.
κ1995 Statutes of Nevada, Page 476 (CHAPTER 284, SB 404)κ
accordance with law, [issue] file the articles and cause them to be recorded in his office. The secretary of state shall, upon the payment of the organization fees, certify under his official seal two copies of the articles . [of incorporation.] One copy must forthwith be filed in the office of the county clerk of the county where the principal office of the [banking corporation] bank in this state is to be located. The other certified copy must be filed in the office of the commissioner.
2. Upon completion of the requirements of subsection 1, the banking corporation [must be] or company is legally constituted [a corporation] under the name stated in the articles . [of incorporation.]
3. The articles , [of incorporation,] or a copy thereof, certified by the secretary of state or the county clerk of the county in which [such] the articles are recorded, or by the commissioner, under their respective seals, [must be] are admissible as evidence in all courts and places, and [must,] are, in all judicial proceedings, [be] prima facie evidence of the complete organization and incorporation of the banking corporation purporting thereby to have been established.
4. The [corporation charter certificate of any bank is void if such] articles of a bank become void if the bank fails to complete its organization and open for business to the public within 6 months after the date of the filing of its articles [of incorporation with] by the secretary of state. The commissioner may extend [such 6-month] this limitation for good cause.
Sec. 11. NRS 659.075 is hereby amended to read as follows:
659.075 1. Subject to subsection 2, the capital stock , or contributions, of every bank must be fully paid in, in cash, before it is authorized by the commissioner to commence business. The full payment in cash [of the capital stock] must be certified to the commissioner under oath by the president [and] or manager and the cashier of the bank.
2. Except for any commission or fee not otherwise prohibited by this subsection, the stock sold by or contributions to any bank in process of organization, or for an increase of [the capital stock,] capital, must be accounted for to the bank in the full amount paid . [for it.] No commission or fee may be paid to any person, association or corporation for selling stock [by] of or soliciting contributions to any bank in process of organization. The commissioner shall refuse such a bank the authority to commence business if commissions or fees have been paid, or have been contracted to be paid by the bank, or by anyone in its behalf, to any person, association or corporation for securing subscriptions for or selling stock in , or procuring contributions to, the bank.
Sec. 12. NRS 659.085 is hereby amended to read as follows:
659.085 Before the banking corporation or company begins [the business of banking, banking and trust or fiduciary] business, it shall file with the commissioner:
1. A statement under oath by the president , a manager or the cashier, containing the names of all the directors, managers and officers, with the date of their election or appointment, terms of office, residences and post office address of each, the amount of capital stock of which each is the owner in good faith and the amount of money paid in on account of the capital stock [.]
κ1995 Statutes of Nevada, Page 477 (CHAPTER 284, SB 404)κ
[.] , or the contribution made. Nothing may be received in payment of capital stock or contribution but money.
2. Proof that the bank is a member of the Federal Deposit Insurance Corporation.
Sec. 13. NRS 659.095 is hereby amended to read as follows:
659.095 1. Upon filing of the statement and proof by the banking corporation or company as required by NRS 659.085, the commissioner shall examine into its affairs, ascertain especially the amount of money paid in on account of its capital, the name and place of residence of each director, the amount of capital stock of which each is the owner in good faith [,] or the amount of his contribution, and whether the banking corporation or company has complied with all the provisions of law required to entitle it to engage in business.
2. If upon the examination the commissioner finds that the banking corporation or company is lawfully entitled to commence [the business of banking, banking and trust or fiduciary] business, he shall give to [such banking corporation] it a certificate signed by the commissioner that [the corporation] it has complied with all the provisions of [the] law required [,] before commencing [the business of banking,] business, and that [the corporation] it is authorized to commence business.
Sec. 14. NRS 659.105 is hereby amended to read as follows:
659.105 No banking corporation or company may transact any business except such as is incidental and necessarily preliminary to its organization until it has been authorized to do so by the commissioner.
Sec. 15. NRS 659.115 is hereby amended to read as follows:
659.115 1. No [corporation,] person, except a bank maintaining an office in this state and doing business under the laws of the United States, may solicit or accept deposits in this state or otherwise engage in the banking business in this state without first obtaining from the commissioner, as provided in this section, a license authorizing [the] it, as a banking corporation or company, to use the name and transact the business of a bank. The transacting of any banking business without such authority is a gross misdemeanor.
2. For the purposes of this section solicits deposits has the meaning ascribed to it in NRS 80.016.
Sec. 16. NRS 659.125 is hereby amended to read as follows:
659.125 1. A [corporation must not be chartered] business entity may not be organized under the laws of this state with the words bank or banking as part of its name except corporations or limited-liability companies subject to regulation pursuant to chapters 657 to 668, inclusive, of NRS, or corporations under the regulation of the commissioner of insurance. A corporate or company name must not be amended to include the words bank or banking unless the corporation or company is under such regulation.
2. Except as otherwise provided in subsections 3 and 4, a natural person, association, firm or corporation domiciled within this state, except a national bank or a banking corporation subject to regulation pursuant to chapters 657 to 668, inclusive, of NRS, or under the regulation of the commissioner of insurance, may not advertise or put forth any sign as bank, banking or banker or use the word bank, banking or banker as part of its name and title.
κ1995 Statutes of Nevada, Page 478 (CHAPTER 284, SB 404)κ
or use the word bank, banking or banker as part of its name and title.
3. A savings and loan association subject to the provisions of chapter 673 of NRS may use the words savings bank or bank as part of its name and title if the use of those words is permitted by the Federal Home Loan Bank Board.
4. A thrift company subject to the provisions of chapter 677 of NRS may use the words savings bank as part of its name if its deposits are federally insured.
5. Any person who violates any of the provisions of this section shall be fined not more than $500 for each offense.
Sec. 17. NRS 661.035 is hereby amended to read as follows:
661.035 1. A banking corporation or company doing business under the provisions of this Title may increase its capital [stock as provided] as permitted by law for other corporations [.] or companies.
2. A [bank] banking corporation may, with the approval of the commissioner and by the vote of the holders of at least two-thirds of the stock of the particular class or classes of stock entitled to vote on [such] the proposal, amend its [charter] articles of incorporation to authorize an increase in [the] its authorized but unissued common stock . [of the bank.] Any such authorized increase of stock must be free from preemptive rights.
3. The authorized but unissued stock may be issued from time to time to its officers or employees [of the bank] pursuant to a stock option or stock purchase plan adopted in accordance with this Title.
Sec. 18. NRS 661.046 is hereby amended to read as follows:
661.046 1. Except as otherwise provided in subsection 2, a corporation or limited-liability company doing business under the provisions of this Title may reduce its capital [stock] in the manner [provided] permitted for other corporations or companies upon a vote in favor of the decrease of two-thirds in interest of each class of stockholders with voting powers [.] or two-thirds in interest of its members.
2. No bank may reduce its capital [stock] to an amount less than the minimum required by law. The reduction is not valid or does not warrant the cancellation of stock certificates until it has been approved by the commissioner. The approval must not be given except upon a finding by the commissioner that the security of existing creditors of the corporation or company will not be impaired.
Sec. 19. NRS 661.055 is hereby amended to read as follows:
661.055 The common stockholders or members of any [bank] banking corporation organized after July 1, 1971, or banking company organized on or after October 1, 1995, under the laws of the State of Nevada shall pay [in,] into, in cash, a surplus fund equal to 20 percent of its [common capital stock] capital before the bank is authorized to commence business.
Sec. 20. NRS 661.065 is hereby amended to read as follows:
661.065 Persons holding stock in banking corporations or becoming substituted members of banking companies as executors, administrators, guardians or trustees [shall] are not personally [be] subject to any liabilities as stockholders [,] or members, but the estates and funds in their hands [shall be] are liable in like manner and to the same extent as the testator, [testate,] intestate, ward or person interested in [such] the trust fund would be, if living and competent to hold stock in his own name.
κ1995 Statutes of Nevada, Page 479 (CHAPTER 284, SB 404)κ
intestate, ward or person interested in [such] the trust fund would be, if living and competent to hold stock in his own name.
Sec. 21. NRS 661.075 is hereby amended to read as follows:
661.075 1. [Whenever any stockholder, or his assignee,] If a stockholder of a banking corporation or member of a banking company fails to pay any installment on [the] his stock or contribution when [such] the installment is required by law to be paid, the directors or managers of the bank shall sell the stock [of such delinquent stockholder] or members interest at public or private sale, as they may deem best, having first given the delinquent stockholder or member 20 days notice, personally or by mail, at his last known address.
2. If no person can be found who will pay for [such] the stock or interest the amount due thereon, together with any additional indebtedness of the stockholder or member to the bank, the amount previously paid [shall be] is forfeited to the bank. [Such stock shall] The stock or interest must be sold, as the directors may order, within 30 days [of the time of such] after the forfeiture and, if not sold, it [shall] must be canceled and deducted from the capital [stock] of the bank.
3. The other members of a banking company have a joint and several right of first refusal to buy the interest of the delinquent member. If this right is not exercised, the buyer becomes a member.
Sec. 22. NRS 661.085 is hereby amended to read as follows:
661.085 1. If the capital of any bank has become impaired and the surplus and undivided profits of that bank are insufficient to make the impairment good, the commissioner shall notify the bank to make the impairment good within 60 days [of] after the notice by an assessment upon the stockholders or members of the bank.
2. The officers and directors of the bank receiving the notice shall immediately call a special meeting of the stockholders for the purpose of making an assessment upon its stockholders , or the managers shall make an assessment upon the members, payable in cash sufficient to cover the impairment of the capital. The assessment must be made [at that meeting] unless the capital of the bank is reduced to the extent of the impairment as provided in NRS 661.046.
3. If any stockholder [of the bank] or member neglects or refuses to pay the required assessment, the board of directors or the managers shall, to make good the deficiency, cause a sufficient amount of the capital stock of the stockholder or [stockholders] interest of the member to be sold at public auction, upon 30 days notice. The notice must be given by posting a notice of the sale in the office of the bank and by publishing the notice in a newspaper in the place where the bank is located, or if there is no newspaper there, then in a newspaper circulating in the county in which the bank is located. The balance, if any, over and above the deficiency, must be returned to the delinquent shareholder or [shareholders.] member.
4. If, within 3 months after receiving notice from the commissioner, the bank fails to make good the deficiency in its capital , [stock,] the commissioner may forthwith take possession of the property and business of the bank until its affairs are finally liquidated as provided by law.
κ1995 Statutes of Nevada, Page 480 (CHAPTER 284, SB 404)κ
5. A sale of stock as provided in this section effects an absolute cancellation of any outstanding certificate or certificates evidencing the stock so sold, and the certificate is void. A new certificate must be issued by the bank to the purchaser of any stock for which an outstanding certificate was canceled.
6. The other members of a banking company have the same right of first refusal, and the consequences of not exercising it are the same, as provided in NRS 661.075.
Sec. 23. NRS 661.095 is hereby amended to read as follows:
661.095 [The holders] A holder of capital stock of any corporation organized under the provisions of this Title, after [they have] he has fully paid therefore, [shall be under no stockholders] and a member of a limited-liability company so organized, after he has paid his contribution in full, is under no liability to the creditors of [such corporation;] the bank, but where the capital stock of any bank has been impaired, an assessment upon the stockholders [as] in the manner provided in NRS 661.085 may be levied to make [such] the impairment good, and the stock of any shareholder or the interest of any member of [such] the bank may be sold [as] in the manner provided in NRS 661.085, if the assessment is not paid.
Sec. 24. NRS 661.115 is hereby amended to read as follows:
661.115 1. The president and cashier , or the managers, of every bank shall cause to be kept at all times in the banking room where the banks business is transacted, a full and correct list of the names and places of residence of its stockholders [,] or members, and the number of shares or percentage of interest held by each.
2. [The list must be open to the inspection of the officers authorized to assess taxes under state authority during the business hours of each day in which business may be legally transacted.
3.] On the [1st] first Monday in January of each year, a copy of the list, verified by the oath of the president or cashier, or a manager, must be transmitted to the commissioner and must be filed in his office for the confidential use of the commissioner.
Sec. 25. NRS 661.125 is hereby amended to read as follows:
661.125 1. As used in this section, control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policy of the bank, or a change in the ownership of as much as 25 percent of the outstanding voting stock of or participating members interests in any bank.
2. If there is a change in ownership of 5 percent or more of the outstanding voting stock of or members interests in any bank, the president or other chief executive officer of the bank shall report the facts to the commissioner within 24 hours after obtaining knowledge of the change.
3. [Whenever] If a loan or loans are made by a bank, [which] and the loan or loans are, or are to be, secured by 10 percent or more of the voting stock of or members interests in a Nevada bank, the president or other chief executive officer of the bank which makes the loan or loans shall report that fact to the commissioner within 24 hours after obtaining knowledge of the loan or loans, except when the borrower has been the owner of record of the stock for 1 year or more, or the stock is of a newly organized bank before its opening.
κ1995 Statutes of Nevada, Page 481 (CHAPTER 284, SB 404)κ
4. The reports required in subsections 2 and 3 [must be] are in addition to any reports required by any other law and must contain whatever information is available to inform the commissioner of the effect of the transaction upon control of the bank whose stock [is] or members interests are involved, and must contain, when known by the person making the report:
(a) The number of shares or members interests involved;
(b) The identity of the sellers or transferors and purchasers or transferees of record;
(c) The identity of the beneficial owners of the shares or members interests involved;
(d) The purchase price;
(e) The total number of shares or members interests owned by the sellers or transferors and purchasers or transferees of record, both immediately before and after the transaction being reported;
(f) The total number of shares or members interests owned by the beneficial owners of the shares or members interests involved, both immediately before and after the transaction being reported;
(g) The identity of borrowers;
(h) The name of the bank issuing the stock securing , or whose members interests secure, the loan; and
(i) The number of shares or members interests securing the loan and the amount of the loan or loans.
5. Each bank shall report to the commissioner within 24 hours any changes in chief executive officers or directors, including in its report a statement of the past and current business and professional affiliations of new chief executive officers or directors. Any new chief executive officer shall furnish to the commissioner a complete financial statement as may be required by the commissioner.
6. An application pursuant to NRS 659.045 must be submitted to the commissioner by the person who acquires stock or members interests resulting in a change of control of the bank. Except as otherwise provided in subsection 8, the commissioner shall conduct an investigation to determine whether the character, general fitness and responsibility of the applicant is such as to command the confidence of the community in which the bank is located.
7. The bank with which the applicant is affiliated shall pay such a portion of the cost of the investigation as the commissioner requires. All money received by the commissioner pursuant to this subsection must be placed in the investigative account created by NRS 232.545. If the commissioner denies the application, he may forbid the applicant from participating in the business of the bank.
8. A bank may submit a written request to the commissioner to waive an investigation pursuant to subsection 6. The commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
9. As used in this section, chief executive officer includes a manager of a limited-liability company.
κ1995 Statutes of Nevada, Page 482 (CHAPTER 284, SB 404)κ
Sec. 26. NRS 661.135 is hereby amended to read as follows:
661.135 1. The affairs and business of [any] a banking corporation organized under the laws of this state must be managed or controlled by a board of directors of not less than five in number, who must be selected from the stockholders at the annual meeting of stockholders in such manner as may be provided by the bylaws of the corporation.
2. The affairs and business of a banking company so organized must be managed or controlled by no fewer than three managers selected from the members as provided in the operating agreement.
Sec. 27. NRS 661.145 is hereby amended to read as follows:
661.145 1. No person is eligible to serve as a director or manager of any bank, organized or existing under the laws of this state, unless he is a bona fide owner of stock of the bank or its bank holding company [.] , or has a members interest in the bank. The stock or interest owned must have a total fair market value of at least $1,000. A determination of the value of the stock or interest must be based on its value on the date it was purchased or on its value on the date it was purchased or on its value on the date the [person] owner became a director, whichever is greater. The stock or the members contribution must be fully paid and not pledged.
2. A majority of the board of directors or managers of every bank must be residents of the State of Nevada, and at least one of the directors or managers must reside in the county where its principal place of business is to be conducted..
3. For the purposes of this section, bank holding company has the meaning ascribed to it in NRS 666.065.
Sec. 28. NRS 661.155 is hereby amended to read as follows:
661.155 1. A director [,] or manager, when selected, shall take an oath that:
(a) He will, so far as the duty devolves upon him, diligently and honestly administer the affairs of a bank, and will not knowingly violate, or willingly permit to be violated, any of the provisions of this Title.
(b) He is the owner, in good faith and in his own right, of the number of shares of stock , or the members interest, required by this Title standing in his name on the books of the [corporation,] bank, and that [they are] the stock or interest is not hypothecated or in any way pledged as security for any loan or debt.
2. The oath, subscribed by the director or manager making it and certified by the notary public before whom it was taken, [shall] must be immediately transmitted to the commissioner and must be filed and preserved in his office.
Sec. 28.5. NRS 661.175 is hereby amended to read as follows:
661.175 1. The directors or managers shall elect from their number a president, and shall appoint a vice president or vice presidents, a cashier, a secretary and such other officers as may be provided for in the bylaws [.] or operating agreement.
2. Such officers shall hold their offices for the term of 1 year and until their successors have been elected or appointed and qualified, unless sooner removed by the board of directors [.] or the managers.
Sec. 29. NRS 661.185 is hereby amended to read as follows:
661.185 1. The active officers , or the managers, and employees of any bank before entering upon their duties shall give bond to the bank in a surety company authorized to do business in Nevada, in the amount required by the directors or the operating agreement and upon such form as may be approved by the commissioner, the premium for [such] the bond to be paid by the bank.
κ1995 Statutes of Nevada, Page 483 (CHAPTER 284, SB 404)κ
company authorized to do business in Nevada, in the amount required by the directors or the operating agreement and upon such form as may be approved by the commissioner, the premium for [such] the bond to be paid by the bank.
2. The commissioner or directors of [such] the bank may require an increase of the amount of [such] the bond whenever they deem it necessary. If injured by the breach of any bond given [hereunder,] under this section, the bank so injured may commence an action and recover such damages as it may have sustained.
Sec. 30. NRS 661.195 is hereby amended to read as follows:
661.195 Any director, manager, officer or other person who participates in any violation of the laws of this state relative to banks is liable for all damage which the bank, its stockholders, members, depositors or creditors sustain in consequence of such violation.
Sec. 31. NRS 661.225 is hereby amended to read as follows:
661.225 1. No bank or bank officer , manager or director [thereof shall] may withdraw or permit to be withdrawn, either in the form of dividends or otherwise, any portion of its capital.
2. [If] Except as otherwise provided in this subsection, if losses have at any time been sustained by [such] the bank equal to or exceeding its undivided profits then on hand, no dividend [shall] may be paid [;] or distribution made, and no dividend [shall] or distribution may be declared by any bank while it contains its banking business to any amount greater than its profits on hand, deducting therefrom its losses, to be ascertained by a careful estimate of the actual value of its assets at the time of [making such dividends.
3. Nothing in this section prevents] declaring a dividend or distribution. If a bank receives the prior approval of the commissioner and of the holders of either two-thirds of each class of its stock outstanding or two-thirds of its members interests, it may pay a dividend or make a distribution greater than its undivided profits.
3. This section does not prevent the reduction of the capital stock of any bank in the manner prescribed in this Title.
Sec. 32. NRS 661.235 is hereby amended to read as follows:
661.235 1. As used in this section, net profits means the remainder of all earnings from operations plus actual recoveries on loans and investments and other assets, after deducting from the total thereof all operating expenses, actual losses, transfers to reserve for loan losses and all federal and state taxes.
2. [The] Unless a greater dividend or distribution is authorized pursuant to NRS 661.225, the directors of any state bank may, from time to time, declare a dividend or distribution of so much of the net profits of the bank as they judge expedient, except that until the surplus fund of such bank equals its common capital, no dividends [shall] or distributions may be declared unless there has first been carried to the surplus fund 10 percent of the previous years net profit. No dividends [shall] may be paid or distribution made unless the capital and surplus of the bank equal not less than the minimum capital requirements of NRS 661.025.
κ1995 Statutes of Nevada, Page 484 (CHAPTER 284, SB 404)κ
Sec. 33. NRS 662.012 is hereby amended to read as follows:
662.012 As used in this chapter, unless the context otherwise requires, capital accounts means capital , [stocks,] permanent surplus and retained earnings.
Sec. 34. NRS 662.015 is hereby amended to read as follows:
662.015 1. In addition to the powers conferred by law upon private corporations [,] and limited-liability companies, a bank may:
(a) Exercise by its board of directors , managers or authorized officers and agents, subject to law, all powers necessary to carry on the business of banking, by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness, by receiving deposits, by buying and selling exchange, coin and bullion and by loaning money on personal security or real and personal property. At the time of making loans, banks may take and receive interest or discounts in advance.
(b) Adopt regulations for its own government not inconsistent with the constitution and laws of this state.
(c) Issue, advise and confirm letters of credit authorizing the beneficiaries to draw upon the bank or its correspondents.
(d) Receive money for transmission.
(e) Establish and become a member of a clearing house association and pledge assets required for its qualification.
(f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the commissioner.
(g) Provide for the performance of the services of a bank service corporation, such as data processing and bookkeeping, subject to any regulations which may be adopted by the commissioner.
(h) Unless otherwise specifically prohibited by federal law, sell annuities if licensed by the commissioner of insurance.
2. A bank may purchase, hold and convey real property:
(a) As is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion . [, which] This investment must not exceed, except as otherwise provided in this section, 60 percent of its capital accounts plus subordinated capital notes and debentures. The commissioner may, in his discretion, authorize any bank located in a city whose population is more than 10,000 to invest more than 60 percent of its capital accounts plus subordinated capital notes and debentures in its banking houses, furniture and fixtures.
(b) As is mortgaged to it in good faith by way of security for loans made or money due to the bank.
(c) As is permitted by NRS 662.103.
3. [Nothing in this section prohibits] This section does not prohibit any bank from holding, developing or disposing of any real property it may acquire through the collection of debts due it. Any real property acquired through the collection of debts due it may not be held for a longer time than 10 years. It must be sold at private or public sale within 30 days thereafter. During the time that the bank holds the real property, the bank shall charge off the real property on a schedule of not less than 10 percent per year, or at a greater percentage per year as the commissioner may require.
κ1995 Statutes of Nevada, Page 485 (CHAPTER 284, SB 404)κ
Sec. 35. NRS 662.025 is hereby amended to read as follows:
662.025 Subject to the approval of the commissioner, and on the authority of a majority of its managers or board of directors, a bank may:
1. Enter into such contracts, incur such obligations and generally do and perform any or all such acts and things whatsoever as may be necessary or appropriate in order to take advantage of any or all memberships, loans, subscriptions, contracts, grants, rights or privileges which may at any time be available to inure to banking institutions, or to their depositors, creditors, stockholders, members, conservators, receivers or liquidators, by virtue of those provisions of the Federal Deposit Insurance Act (12 U.S.C. §§ 1811-1831) which creates the Federal Deposit Insurance Corporation and provides for the insurance of deposits, or of any other provisions of that or any other act or resolution of the Congress to aid, regulate or safeguard banking institutions and their depositors, including any amendments to such acts, laws or resolutions or substitutions therefor.
2. Subscribe for and acquire any stock, debentures, bonds or other types of securities of the Federal Deposit Insurance Corporation and shall comply with the lawful regulations and requirements from time to time issued or made by the Federal Deposit Insurance Corporation.
Sec. 36. NRS 662.046 is hereby amended to read as follows:
662.046 1. As used in this section dealing in investment securities does not include the purchasing and selling of securities without recourse solely upon order and for the account of customers.
2. [Banking corporations] Banks shall not engage in the business of dealing in any investment securities, either directly or through subsidiary corporations, except as otherwise provided in this Title for [the] investment in public securities or private securities.
3. Any provision contained in the articles of incorporation issued to any banking corporation [prior to] before July 1, 1971, which is in conflict with this section is revoked.
Sec. 37. NRS 662.105 is hereby amended to read as follows:
662.105 Subject to any applicable regulations of the commissioner, a [bank] banking corporation may grant options to purchase, sell or enter into agreements to sell shares of its capital stock to its officers or employees, or both, for a consideration of not less than 100 percent of the fair market value of the shares on the date the option is granted, or, if pursuant to a stock purchase plan, 85 percent of the fair market value of the shares on the date the purchase price is fixed, pursuant to the terms of a plan for the purchase of stock by officers and employees which has been adopted by the board of directors of the bank and approved by the holders of at least two-thirds of the particular class or classes of stock entitled to vote on the proposal and by the commissioner. In no event may the option to purchase such shares be for a consideration less than the par value thereof.
Sec. 38. NRS 662.125 is hereby amended to read as follows:
662.125 1. No bank [shall] may make any loan or discount on the security of its own capital stock [,] or members interests, nor be the purchaser or holder of any such shares [, unless such] or interests, unless the security or purchase is necessary to prevent loss upon a debt previously contracted in good faith. Stock or interests so purchased or acquired [shall,] must within 12 months [from the time of its purchase,] after purchase be sold or disposed of at public or private sale.
κ1995 Statutes of Nevada, Page 486 (CHAPTER 284, SB 404)κ
must within 12 months [from the time of its purchase,] after purchase be sold or disposed of at public or private sale. After the expiration of 12 months, any such stock or interests not so disposed of [shall] must be charged to profit and loss and [shall] must not be considered as part of the assets of the bank.
2. Any bank may sell or become the owner of any property which may come into its possession as collateral security for any debt or obligation due it, according to the terms of any contract depositing such collateral security, and if there is no such contract, then [such] the collateral security may be sold in the manner provided by law. Any such property other than real property must be sold within 2 years [from the date of its] after acquisition.
Sec. 39. NRS 662.135 is hereby amended to read as follows:
662.135 1. Except as otherwise provided in this section and subject to the provisions of NRS 662.065 and 662.125, no bank may make any investment in capital stock or become a member of any other state or national bank.
2. A bank doing business under this Title may subscribe to or purchase, upon such terms as may be agreed upon, the capital stock of banks organized under the Act of Congress known as the Edge Act or the capital stock of central reserve banks whose capital stock exceeds $1,000,000.
3. In order to constitute a central reserve bank as contemplated by this Title, at least 50 percent of the capital stock of such bank must be owned by other banks. The investment by any bank in the capital stock of such central reserve bank or a bank organized under the Edge Act, must at no time exceed 10 percent of the paid-in capital and permanent surplus of the bank making the investment.
4. A bank shall not invest in the stocks or ownership of other corporations, firms, partnerships or companies except as otherwise provided in this Title, unless [such stock is purchased] the investment is made to protect the bank from loss.
5. Any stocks or ownership owned or acquired after July 1, 1971, in excess of the limitations imposed by this section must be disposed of at public or private sale within 12 months after the date of acquiring them, and if not so disposed of they must be charged to profit and loss account, and no longer carried on the books as an asset. The limit of time in which such stocks [are] or ownership is disposed of or charged off the books of the bank may be extended by the commissioner if in his judgment it is for the best interest of the bank that [such] an extension be granted.
6. A bank may subscribe to, purchase or become the owner of stock in:
(a) Federal reserve banks as established by Act of Congress approved December 23, 1913, being c. 6, 38 Stat. 251, or any amendment thereof; or
(b) Any governmental agency or liquidating or financial corporation created by the Congress of the United States.
7. A bank may invest up to 50 percent of its surplus in the stock or membership of corporations or limited-liability companies engaged in related banking fields.
Sec. 40. NRS 662.205 is hereby amended to read as follows:
662.205 1. As used in this section:
(a) Board of Governors of the Federal Reserve System means the Board of Governors of the Federal Reserve System created and described in the Federal Reserve Act.
κ1995 Statutes of Nevada, Page 487 (CHAPTER 284, SB 404)κ
(b) Federal Reserve Act means the Act of Congress, approved December 23, 1913, being c. 6, 38 Stat. 251, as [heretofore and hereafter] amended.
(c) Federal Reserve Bank means the Federal Reserve Banks created and organized under authority of the Federal Reserve Act.
(d) Member bank means any national bank, state bank or banking and trust company which has become or which becomes a member of one of the Federal Reserve Banks created by the Federal Reserve Act.
2. Any bank [incorporated] organized under the laws of this state [shall have the power to] may subscribe to the capital stock and become a member of a Federal Reserve Bank.
3. An bank [incorporated] organized under the laws of this state which is, or which becomes, a member of a Federal Reserve Bank is, by this section, vested with all powers conferred upon member banks of the Federal Reserve Banks by the terms of the Federal Reserve Act as fully and completely as if such powers were specifically enumerated and described in this section, and all such powers [shall] must be exercised subject to all restrictions and limitations imposed by the Federal Reserve Act, or by regulations of the Board of Governors of the Federal Reserve System made pursuant thereto. The right, however, is expressly reserved to revoke or to amend the powers conferred in this section.
4. A compliance on the part of any such bank with the reserve requirements of the Federal Reserve act shall be [held] deemed to be a full compliance with those provisions of the laws of this state which require banks to maintain cash balances in their vaults or with other banks, and no such bank [shall be required to] need carry or maintain a reserve other than such as is required under the terms of the Federal Reserve Act.
5. Any such bank [shall continue] continues to be subject to the supervision and examinations required by the laws of this state, except that the Board of Governors of the Federal Reserve System [shall have the right,] may, if it deems necessary, [to] make examinations. The authorities of this state having supervision over such bank may disclose to the Board of Governors of the Federal Reserve System, or to examiners duly appointed by it, all information in reference to the affairs of any bank which has become, or desires to become, a member of a Federal Reserve Bank.
Sec. 41. NRS 662.245 is hereby amended to read as follows:
662.245 1. Except as otherwise specifically provided by statute, no [banking] bank or other [corporation,] organization, and no officer, employee or agent of such [a corporation,] an organization, acting in its behalf, may be appointed to act as fiduciary by any court or by authority of any law of this state unless, in addition to any other requirements of law, the [banking] bank or other [corporation:] organization:
(a) Is organized under the laws of and has its principal place of business in this state;
(b) Is a national banking association which has its principal place of business in this state;
(c) Associates as cofiduciary a [banking corporation] bank whose principal place of business is in this state; or
κ1995 Statutes of Nevada, Page 488 (CHAPTER 284, SB 404)κ
(d) Is a national bank, banking corporation, trust corporation or trust company which:
(1) is organized under the laws of and has its principal place of business in another state which allows [banking corporations,] banks, trust corporations or trust companies organized under the laws of this state to act as fiduciary;
(2) Is authorized by its charter to act as fiduciary; and
(3) Before the appointment as fiduciary, files with the secretary of state a document, acknowledged before a person authorized to take acknowledgments of deeds, which:
(I) Appoints the secretary of state as its attorney upon whom all process in any action or proceeding against it may be served; and
(II) Contains its agreement that the appointment continues in force as long as any liability remains outstanding against it in this state, and that any process against it which is served on the secretary of state is of the same legal validity as if served on it personally.
A copy of the document required by this subparagraph, certified by the secretary of state, is sufficient evidence of the appointment and agreement.
2. A court with jurisdiction over the accounts of a fiduciary that is a national bank, banking corporation, trust corporation or trust company described in paragraph (d) of subsection 1, may require such a fiduciary to provide a bond to ensure the performance of its duties as fiduciary, in the same manner and to the same extent as the court may require such a bond from a fiduciary that is a banking or other corporation described in paragraph (a) or (b) of subsection 1.
3. As used in this section:
(a) Fiduciary means an executor, commissioner, guardian of minors or estates, receiver, depositary or trustee.
(b) State means any state or territory of the United States, or the District of Columbia.
Sec. 42. NRS 662.265 is hereby amended to read as follows:
662.265 As used in NRS 662.275 to 662.305, inclusive, unless the context otherwise requires:
1. Bank includes national banks to the extent that NRS 662.275 to 662.305, inclusive, do not conflict with or infringe upon federal law.
2. Emergency means any condition or occurrence which may interfere physically with the conduct of normal business operations at one or more or all of the offices of a bank, or which poses an imminent or existing threat to the safety or security of persons or property, or both. Without limiting the generality of the foregoing, an emergency may arise as a result of any one or more of the following: Fire, flood, earthquake, hurricanes, wind, rain or snowstorms, labor disputes and strikes, power failures, transportation failures, interruption of communication facilities, shortages of fuel, housing, food, transportation or labor, robbery or attempted robbery, actual or threatened enemy attack, epidemics or other catastrophes, riots, civil commotions and other acts of lawlessness or violence, actual or threatened.
3. Office means any place at which a bank transacts its business or conducts operations related to its business.
κ1995 Statutes of Nevada, Page 489 (CHAPTER 284, SB 404)κ
4. Officers means the person or persons designated by the board of directors , the managers or other governing body of a bank, to act for the bank in carrying out the provisions of NRS 662.275 to 662.305, inclusive, or in the absence of any such designation or the absence of the officer or officers so designated, the president , a manager or any other officer currently in charge of the bank or of the office or offices in question.
Sec. 43. NRS 665.045 is hereby amended to read as follows:
665.045 Upon the preparation of the report as provided in NRS 665.035, the commissioner shall forthwith serve a copy thereof on the president or secretary of the board of directors of the [bank,] banking corporation or a manager of the banking company, and may make copies available to each member of [such board.] the board of directors or each manager. If, in the judgment of the commissioner, the report discloses any violation of the provisions of this Title on the part of the bank, or if it appears from the report that there are certain conditions existing which should be corrected by the bank, the commissioner may, in writing, call the matter to the attention of each member of the board of directors , or each manager, with instructions to correct the condition.
Sec. 44. NRS 665.075 is hereby amended to read as follows:
665.075 1. The report of examination made by an examiner of the division of financial institutions is designed for use in the supervision of the bank. The banks copy of the report is the property of the commissioner and is furnished to the bank solely for its confidential use.
2. The banks directors [,] or managers, in keeping with their responsibilities both to depositors and to stockholders [,] or members, shall thoroughly review the report. Under no circumstances may the bank, or any of its directors, managers, officers or employees disclose or make public in any manner the report or any portion thereof. The report must not be made available to other banking institutions in connection with proposed transactions such as mergers and consolidations. The report must not be made available to a clearing house association, but a bank may voluntarily disclose information concerning its affairs to a clearing house association where a disclosure is through reports prepared by the bank or by others at the request of the bank.
Sec. 45. NRS 665.105 is hereby amended to read as follows:
665.105 1. Every bank shall make at least four reports each year to the commissioner at the same times and substantially in the form of similar reports required by the Comptroller of the Currency, the Federal Reserve Bank or the Federal Deposit Insurance Corporation.
2. The bank shall make additional reports within 10 days after the receipt of a request therefor from the commissioner.
3. The reports must be prepared by the cashier or by any competent person approved by the commissioner and be verified by the oath or affirmation of the president or vice president , or a manager, and the cashier, the person by whom the reports were prepared, and by at least three of the directors [.] or two other managers.
4. Each report must:
κ1995 Statutes of Nevada, Page 490 (CHAPTER 284, SB 404)κ
(a) Exhibit in detail, and under the appropriate heads, the resources and liabilities and a profit and loss account of the bank at the close of business on any past day specified by the commissioner.
(b) Be published in condensed form, according to the requirements of the commissioner, within 10 days after the report is made, in a newspaper published in the county in which [such] the bank is established, for one insertion, at the expense of the bank. Such proof of publication must be furnished within 5 days after the date of publication as may be required by the commissioner.
5. The commissioner may call for special reports, which need not be published, from any bank whenever, in his judgment, the reports are necessary in order to gain complete knowledge of its condition.
Sec. 46. NRS 665.135 is hereby amended to read as follows:
665.135 In making examinations as required by this Title, the commissioner and any appointed examiner may administer oaths to examine any officer, director, manager, agent, employee, customer, depositor, shareholder or member of the bank, or any other person or persons, touching the affairs and business of the bank being examined. Any examiner may summon in writing any officer, director, manager, agent, employee, customer, depositor, shareholder or member, or any person or persons resident of this state , to appear before him and testify in relation to the affairs and business of such bank.
Sec. 47. NRS 665.145 is hereby amended to read as follows:
665.145 Each official communication directed by the commissioner or any examiner of financial institutions to any bank, or to any officer or manager thereof, relating to an examination or investigation conducted or made by the commissioner or containing suggestions or recommendations as to the conduct of the bank [shall,] must, if required by the authority [submitting the same] directing it, be submitted by the officer , manager or director receiving it to the executive committee, if there is one, or board of directors [of such] or the other managers of the bank and noted in the minutes of the meeting. The receipt and submission of the notice to the executive committee , [or] board of directors or other managers must be certified to the commissioner, within such time as he may require, by three members of [such] the committee or board [.] or two other managers.
Sec. 48. 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, any analogous formal proceedings of its members or managers, 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.
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.
κ1995 Statutes of Nevada, Page 491 (CHAPTER 284, SB 404)κ
in each class must be retained. [Such] The periods may be permanent or for a lesser term of years. The commissioner shall keep such regulations current and shall [revise] review 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 or members 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] thereafter is under no duty to produce [such] the 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 such reproduction has the same effect as the original. Upon completion of 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. 49. NRS 665.175 is hereby amended to read as follows:
665.175 The commissioner may require the immediate removal from office of any officer, director , manager or employee of any bank doing business under this Title who is found to be dishonest, incompetent or reckless in the management of the affairs of the bank, or who persistently violates the laws of this state or the lawful orders, instructions and regulations issued by the commissioner.
Sec. 50. NRS 666.015 is hereby amended to read as follows:
666.015 1. A state bank may merge or consolidate with, or transfer its assets and liabilities to, another state bank. Before the merger, consolidation or transfer becomes effective, each bank concerned in the merger, consolidation or transfer shall file with the commissioner certified copies of the minutes of all proceedings had by its directors and stockholders , or managers and members, regarding the merger, consolidation or transfer.
2. The minutes of the proceedings had by the stockholders or members of each bank must set forth that holders of at least two-thirds of the stock or members interests voted in the affirmative on the proposition of merger, consolidation or transfer. The minutes must also contain or have attached thereto a complete copy of the agreement made and entered into between the banks, with reference to the merger, consolidation or transfer.
3. When the certified copies of all minutes have been filed, the commissioner shall conduct an investigation of each bank to determine:
κ1995 Statutes of Nevada, Page 492 (CHAPTER 284, SB 404)κ
(a) Whether the interests of the depositors, creditors and stockholders or members of each bank are protected.
(b) That the merger, consolidation or transfer is in the public interest.
(c) That the merger, consolidation or transfer is made for legitimate purposes.
4. The commissioners consent to or rejection of the merger, consolidation or transfer must be based upon his investigation. No merger, consolidation or transfer may be made without the consent of the commissioner. The expense of the investigation must be paid by the banks.
5. Notice of the merger, consolidation or transfer must be published once a week for 4 consecutive weeks, before or after the merger, consolidation or transfer is effective at the discretion of the commissioner, in a newspaper published in a city, town or county in which each of the banks is located, and a certified copy of the notice must be filed with the commissioner.
6. In any merger, consolidation or transfer, all rights of creditors and all liens upon any property of the constituent banks must be preserved unimpaired, limited in lien to the property affected by those liens immediately before the time of the merger, consolidation or transfer. All debts, liabilities and duties of the respective constituent banks must thenceforth attach to the surviving, consolidated or transferee bank and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.
7. In the case of a merger, consolidation or transfer pursuant to the provisions of this section, if any stockholder or member of any constituent bank votes against the agreement, objects to the agreement in writing at or before the taking of the vote thereon, and , [that stockholder,] within 20 days after the date on which the agreement is filed as provided in this section, demands in writing from the surviving or consolidated bank payment [of] for his shares [,] or interest, the surviving, consolidated or transferee bank shall, within 30 days thereafter, pay to the stockholder or member the fair cash value of his shares or interest as of the day before the vote on the agreement of merger, consolidation or transfer was taken, exclusive of any element of value arising from the expectation or accomplishment of the merger, consolidation or transfer.
Sec. 51. NRS 666.035 is hereby amended to read as follows:
666.035 1. A state bank may, with the approval of the commissioner, consolidate, convert into or merge with a national bank upon the vote of the holders of two-thirds of each class of voting stock of , or of the members interests in, the state bank.
2. The commissioner shall not approve any consolidation, conversion or merger under this section which would:
(a) Result in a monopoly or which would further any attempt to monopolize the business of banking in this state; or
(b) Substantially lessen competition or be in restraint of trade, unless the commissioner finds that the anticompetitive effects of the proposed transaction are clearly outweighed by the probable success of the transaction in meeting the needs of the community to be served.
In every case, the commissioner shall consider the financial and managerial resources and the future prospects of the company or companies and the banks concerned, and the convenience and the needs of the community to be served.
κ1995 Statutes of Nevada, Page 493 (CHAPTER 284, SB 404)κ
banks concerned, and the convenience and the needs of the community to be served.
3. Except as otherwise provided in subsection 5, the rights and liabilities of a state bank which consolidates, converts into or merges with a national bank, and the rights and liabilities of its stockholders [,] or members, are the same as the rights and liabilities prescribed by the law of the United States for national banks and their stockholders or members at the time of the consolidation, conversion or merger.
4. Upon consolidation, conversion or merger, the resulting national bank becomes the same business as each consolidating, converting or merging bank, with all the property rights, power and duties of each consolidating, converting or merging bank, except as affected by the law of the United States and by the charter and bylaws of the resulting bank. Any reference to a consolidating, converting or merging bank in any writing, whether executed or which takes effect before or after the consolidation, conversion or merger, is applicable to the resulting bank if not inconsistent with the other provisions of that writing.
5. The holders of shares of stock of , or members interests in, a state bank which were voted against a consolidation or merger into a national bank are entitled to receive their value in cash, if and when the consolidation or merger becomes effective, upon written demand made to the resulting national bank at any time within 30 days after the effective date of the consolidation or merger, accompanied by the surrender of any stock certificate or certificates. The value of the shares or interests must be determined, as of the date of the meeting of the stockholders approving the consolidation or merger, by three appraisers, one to be selected by the owners of two-thirds of the dissenting shares or interests involved, one by the board of directors of the resulting national bank, and the third by the two so chosen. The valuation agreed upon by any two appraisers governs. If the appraisal is not completed within 90 days after the consolidation or merger becomes effective, the Comptroller of the Currency shall cause an appraisal to be made.
6. The amount fixed as the value of the shares of stock of , or members interests in, the consolidating or merging bank at the time of the meeting of the stockholders approving the consolidation or merger, and the amount fixed by the appraisal as provided by subsection 5, where the fixed value is not accepted, constitute a debt of the resulting national bank.
7. Upon the completion of the consolidation, conversion or merger, the license to operate as a state bank automatically terminates.
Sec. 52. NRS 666.065 is hereby amended to read as follows:
666.065 As used in NRS 666.065 to 666.215, inclusive, unless the context otherwise requires:
1. To acquire a bank means to obtain control of an existing bank or to establish a new bank.
2. Bank holding company means a company:
(a) Which directly or indirectly owns or controls 25 percent or more of the voting stock of , or members interests in, a bank;
(b) Which controls the election of a majority of the directors or managers of a bank; or
κ1995 Statutes of Nevada, Page 494 (CHAPTER 284, SB 404)κ
(c) For the benefit of whose stockholders 25 percent or more of the voting stock of , or members interests in, a bank is held by one or more trustees.
3. Business trust means an organization in which a business or property is conveyed to trustees who manage the business or property for the benefit of the holders of the beneficial interest in the trust. The term does not include a voting trust.
4. Company means any corporation, business trust, association or similar entity, but does not include:
(a) A natural person; or
(b) A corporation of which a majority of the stock is owned by the United States or any state.
Sec. 53. NRS 666.075 is hereby amended to read as follows:
666.075 1. There is a rebuttable presumption that a company which directly or indirectly owns, controls or has the power to vote less than 5 percent of the voting stock of , or members interests in, a bank does not control the bank.
2. An estate, trust, guardianship or conservatorship is not by virtue of its ownership or control of stock of , or members interests in, a bank, a bank holding company unless it is:
(a) A business trust; or
(b) A voting trust which by its terms or by law does not expire within 10 years after the date of its establishment.
3. A company is not a bank holding company by virtue of its ownership or control of stock or a members interest which:
(a) Was acquired in the ordinary course of securing or collecting a debt which the company previously contracted in good faith; and
(b) Is held only as long as is necessary to sell the stock on a reasonable basis.
Sec. 54. NRS 666.115 is hereby amended to read as follows:
666.115 1. Except as otherwise provided in subsection 4, a person who desires to form a bank holding company after July 1, 1983, must be approved by the commissioner before forming the company. A bank holding company may not be organized as a limited-liability company.
2. The application for approval must include such information with respect to the financial condition, operations, management and intercompany relationships of the applicant and related matters, as the commissioner may deem necessary or appropriate.
3. The commissioner shall approve the application if he determines that the applicant or its officers, directors and stockholders are of such character and fitness that any bank acquired by the applicant will be operated in a safe, prudent and profitable manner.
4. The commissioner may accept copies of federal registration in lieu of requiring an application for approval of a bank holding company.
Sec. 55. NRS 667.015 is hereby amended to read as follows:
667.015 1. A bank may go into voluntary liquidation and be closed, and may surrender its charter and franchise as a corporation of this state by the affirmative votes of its stockholders owning two-thirds of its stock [.] , or of its members holding two-thirds of the members interests. The vote must be taken at a meeting of the stockholders called by resolution of the board of directors [.]
κ1995 Statutes of Nevada, Page 495 (CHAPTER 284, SB 404)κ
directors [.] , or at a meeting of the members called by the managers. Written notice of the meeting, which notice must state the purpose of the meeting, must be mailed to each stockholder [,] or member, or in case of his death, to his legal representative or heirs at law, addressed to his last known residence 10 days before the date of the meeting.
2. [When] If the stockholders or members decide to liquidate the bank, a certified copy of all proceedings of the meeting at which that action is taken, verified by the oath of the president or a manager and the cashier, must be transmitted to the commissioner for his approval. If the commissioner approves the liquidation, he shall issue to the bank, under his seal, a permit for that purpose. No permit may be issued by the commissioner until he is satisfied that provision has been made by the bank to satisfy and pay off all depositors and all creditors of the bank. If he is not satisfied, the commissioner shall not issue a permit, but he may take possession of the bank, its assets and business, and liquidate the bank in the manner provided by this chapter.
3. When the commissioner approves the voluntary liquidation of a bank, the directors or managers of the bank shall cause to be published in a newspaper in the city, town or county in which the bank is located, a notice that the bank is closing its affairs and going into liquidation, and that its depositors and creditors are to present their claims for payment.
4. When any bank is in the process of voluntary liquidation, it is subject to examination by the commissioner, and the bank shall furnish such reports, from time to time, as may be called for by the commissioner.
5. All unclaimed deposits and dividends remaining in the hands of the bank are subject to the provisions of this chapter.
6. Any bank may sell and transfer to any other state or national bank all of its assets of every kind upon such terms as may be agreed upon and approved by the commissioner and by two-thirds vote of the banks board of directors [.] or of its managers. A certified copy of the minutes of any meeting at which that action is taken, under the oath of the president or a manager and the cashier, together with a copy of the contract of sale and transfer, must be filed with the commissioner.
7. If a voluntary liquidation or the sale and transfer of the assets of any bank is approved by the commissioner, a certified copy of that approval under seal of the commissioner, filed in the office of the secretary of state, authorizes the cancellation of the [charter certificate] articles of incorporation or organization of the bank, subject to its continued existence, as provided by law.
Sec. 56. NRS 667.055 is hereby amended to read as follows:
667.055 Among its other powers, the Federal Deposit Insurance Corporation, in the performance of its powers and duties as receiver or liquidator, may, upon the order of a court of record of competent jurisdiction, enforce the individual liability of the stockholders or members and directors or managers of any such bank.
Sec. 57. NRS 667.225 is hereby amended to read as follows:
667.225 1. When any bank is authorized to dissolve, and has taken the necessary steps to effect dissolution in accordance with the laws of this state or the laws of the United States, but before actual dissolution, a majority of the directors or managers of the national or state bank, upon authority in writing of the owners of two-thirds of its capital stock or two-thirds of the members interests and with the approval of the commissioner, may execute articles of incorporation or organization as provided in this Title for the organization of a new bank .
κ1995 Statutes of Nevada, Page 496 (CHAPTER 284, SB 404)κ
the directors or managers of the national or state bank, upon authority in writing of the owners of two-thirds of its capital stock or two-thirds of the members interests and with the approval of the commissioner, may execute articles of incorporation or organization as provided in this Title for the organization of a new bank . [, which] The articles must further set forth the authority derived from the stockholders or members of the national or state bank.
2. Upon the filing of articles of incorporation or organization in the same manner as provided for the organization of new banks, the reorganized bank is a bank under the laws of this state. Upon reorganization, all assets, real and personal, of the dissolved national or state bank, by operation of law, vest in and become the property of the reorganized state bank, subject to all liabilities of the national or state bank existing before the reorganization.
Sec. 58. NRS 668.055 is hereby amended to read as follows:
668.055 Every president, director, manager, cashier, teller, clerk, officer or agent of any bank who embezzles, abstracts or willfully misapplies any money, funds, securities or credits of any bank, or who issues or puts forth any certificate of deposit, draws any draft, bill of exchange or mortgage, or who makes use of any bank in any manner, with intent to inure or defraud any bank or person, or to deceive any bank, or officer of any bank, and any natural person who, with like intent, aids or abets any officer, clerk or agent in violation of this section, shall be punished:
1. Where the amount involved is $250 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. Where the amount involved is less than $250, for a misdemeanor.
Sec. 59. NRS 668.065 is hereby amended to read as follows:
668.065 Every officer, director , manager or employee of a bank required by this Title to take an oath or affirmation who willfully swears or affirms falsely is guilty of perjury, and upon conviction thereof shall be punished as provided by the laws of this state for cases of perjury.
Sec. 60. NRS 668.075 is hereby amended to read as follows:
668.075 [No] A bank or an officer or manager of [any] a bank shall not advertise in any manner or publish any statement of the capital stock authorized or subscribed, unless the amount of capital stock actually paid up is advertised or published therewith.
Sec. 60.5. NRS 86.141 is hereby amended to read as follows:
86.141 A limited-liability company may be organized under this chapter for any lawful purpose, except [banking or] insurance.
Sec. 61. NRS 138.020 is hereby amended to read as follows:
138.020 1. No person is competent to serve as an executor or executrix who, at the time the will is probated:
(a) Is under the age of majority;
(b) Has been convicted of a felony;
(c) Upon proof, is adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of integrity or understanding; or
(d) Is a [banking corporation] bank whose principal place of business is not in the State of Nevada, unless it associates as coexecutor a [banking corporation] bank whose principal place of business is in this state.
κ1995 Statutes of Nevada, Page 497 (CHAPTER 284, SB 404)κ
corporation] bank whose principal place of business is in this state. An out-of-state [banking corporation] bank is competent to appoint a substitute executor or executrix, pursuant to NRS 138.045, without forming such an association, but any natural person so appointed shall be a resident of this state.
2. If any such person be named as the sole executor or executrix in any will, or if all persons so named are incompetent, or shall renounce the trust, or fail to appear and qualify, letters of administration with the will annexed shall issue.
Sec. 62. Section 3 of Senate Bill No. 91 of this session is hereby amended to read as follows:
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, any analogous formal proceedings of its members or managers, 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.
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. The periods may be permanent or for a lesser term of years. The commissioner shall keep such regulations current and shall review 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 or members 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 thereafter is under no duty to produce the 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.
κ1995 Statutes of Nevada, Page 498 (CHAPTER 284, SB 404)κ
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. 63. The legislature hereby declares that the provisions of this act are intended to:
1. Authorize the organization of banks as limited-liability companies for the purposes of obtaining any benefits available under federal statutes and regulations for the payment of taxes.
2. Subject banks organized as limited-liability companies to the same state oversight and control as corporations organized as banks pursuant to chapter 78 and Title 55 of NRS.
Sec. 64. This act becomes effective upon passage and approval.
________
Senate Bill No. 436Committee on Judiciary
CHAPTER 285
AN ACT relating to public defenders; revising the provisions governing the reports required to be provided by the state public defender; and providing other matters properly relating thereto.
[Approved June 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 180.080 is hereby amended to read as follows:
180.080 1. The state public defender shall submit:
[1.] (a) A report [annually] on or before December 1 of each year to the governor and to each participating county containing a statement of [the number of persons represented, the crimes involved, the status of each case, and the amount and categories of the expenditures made by his office.
2.] :
(1) The number of cases that are pending in each participating county;
(2) The number of cases in each participating county that were closed in the previous fiscal year;
(3) The total number of criminal defendants represented in each participating county with separate categories specifying the crimes charged and whether the defendant was less than 18 years of age or an adult;
(4) The total number of working hours spent by the state public defender and his staff on work for each participating county; and
(5) The amount and categories of the expenditures made by his office.
(b) To each participating county, on or before December 1 of each even-numbered year, the total proposed budget of the state public defender for that county, including the projected number of cases and the projected cost of services attributed to the county for the next biennium.
κ1995 Statutes of Nevada, Page 499 (CHAPTER 285, SB 436)κ
(c) Such reports to the legislative commission as the regulations of the commission require.
2. As used in this section, participating county means each county in which the office of public defender has not been created pursuant to NRS 260.010.
Sec. 2. NRS 260.010 is hereby amended to read as follows:
260.010 1. In counties whose population is 100,000 or more, the boards of county commissioners shall create by ordinance the office of public defender.
2. [The state public defender shall provide to each participating county the total proposed budget of the state public defender by jurisdiction on or before December 1 of each even-numbered year. The budget must include the projected number of cases and the projected cost of services attributed to each county for the next biennium.
3.] Except as otherwise provided by subsection [5,] 4, in counties whose population is less than 100,000, boards of county commissioners may in their respective counties create by ordinance, at the beginning of a fiscal year, the office of public defender.
[4.] 3. Except as otherwise provided in subsection [5,] 4, if a board of county commissioners intends to create the office of county public defender, the board shall notify the state public defender in writing on or before March 1 of any odd-numbered year and the office may not be created before July 1 of the same year in which the notice was given.
[5.] 4. If the county contribution approved by the legislature exceeds the estimate provided to the county on December 1 by more than 10 percent for either year of the biennium, the board of county commissioners may create the office of county public defender on July 1 of the next even-numbered year if the board notifies the state public defender on or before March 1 of the same year in which the office is to be created.
[6. On or before November 1 of each year, the state public defender shall provide each county with an annual report that includes:
(a) The number of cases that are pending in the county;
(b) The number of cases in the county that were closed in the previous fiscal year;
(c) The total number of criminal defendants represented with separate categories specifying the crimes charged and whether the defendant was a juvenile or an adult;
(d) The total number of working hours spent by the state public defender and his staff on work for the county; and
(e) The amount and categories of expense of the state public defenders office.
7.] 5. The office of public defender when created must be filled by appointment by the board of county commissioners.
[8.] 6. The public defender serves at the pleasure of the board of county commissioners.
________
κ1995 Statutes of Nevada, Page 500κ
Assembly Bill No. 604Assemblymen Sandoval and Humke
CHAPTER 286
AN ACT relating to indigents; providing that a court may allow an indigent defendant to perform community service to pay for expenses incurred in defending him; and providing other matters properly relating thereto.
[Approved June 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.3975 is hereby amended to read as follows:
178.3975 1. The court may order a defendant to pay all or any part of the expenses incurred by the county, city or state in providing the defendant with an attorney which are not recovered pursuant to NRS 178.398. The order may be made at the time of or after the appointment of an attorney and may direct the defendant to pay the expenses in installments.
2. The court shall not order a defendant to make such a payment unless the defendant is or will be able to do so. In determining the amount and method of payment, the court shall take account of the financial resources of the defendant and the nature of the burden that payment will impose.
3. A defendant who has been ordered to pay expenses of his defense and who is not willfully or without good cause in default in the payment thereof may at any time petition the court which ordered the payment for remission of the payment or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due or modify the method of payment.
4. The money recovered must in each case be paid over to the city, county or public defenders office which bore the expense and was not reimbursed by another governmental agency.
5. Upon the request of a defendant, if the court finds that the defendant is suitable to perform supervised work for the benefit of the community, the court may allow the defendant to pay all or part of any expenses incurred by the county, city or state in providing him with an attorney by performing supervised work for the benefit of the community for a reasonable number of hours, the value of which would be commensurate with such expenses incurred. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require a defendant who requests to perform community service 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 authority for which he performs the work.
κ1995 Statutes of Nevada, Page 501 (CHAPTER 286, AB 604)κ
Sec. 2. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.
________
Senate Bill No. 363Senator Titus
CHAPTER 287
AN ACT relating to facilities for the care of adults; exempting facilities for the care of adults during the day from the payment of fees related to licensure; and providing other matters properly relating thereto.
[Approved June 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.050 is hereby amended to read as follows:
449.050 [Each]
1. Except as otherwise provided in subsection 2, each application for a license must be accompanied by such fee as may be determined by regulation of the board.
2. A facility for the care of adults during the day is exempt from the fees imposed by the board pursuant to this section.
Sec. 2. This act becomes effective on January 1, 1996.
________
Senate Bill No. 415Committee on Government Affairs
(Requested by Washoe County Airport Authority)
CHAPTER 288
AN ACT relating to eminent domain; revising the general procedure for entry upon property subject to acquisition by eminent domain; revising the authorized purposes for such an entry; and providing other matters properly relating thereto.
[Approved June 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 37.009 is hereby amended to read as follows:
37.009 As used in this chapter, unless the context otherwise requires:
1. Date of valuation means the date on which the value of the property actually taken, and the damages, if any, to the remaining property, must be determined.
2. Final judgment means a judgment which cannot be directly attacked by appeal, motion for new trial or motion to vacate the judgment.
κ1995 Statutes of Nevada, Page 502 (CHAPTER 288, SB 415)κ
3. Judgment means the judgment determining the right to condemn property and fixing the amount of compensation to be paid by the plaintiff.
4. Partnership includes a limited partnership.
5. Person includes a government, governmental agency or political subdivision of a government.
6. Value means the most probable price which a property would bring in a competitive and open market under the conditions of a fair sale, without the price being affected by undue stimulus, whereby the sale is consummated on a specified date and the title to the property is passed from the seller to the buyer under the following conditions:
(a) The buyer and seller are acting prudently and knowledgeably;
(b) The buyer and seller are typically motivated;
(c) The buyer and seller are well informed or well advised and acting in what they consider are their own best interests;
(d) A reasonable time is allowed to expose the property for sale on the open market;
(e) Payment is made with United States dollars in cash or pursuant to another financial arrangement comparable thereto; and
(f) The sale price represents the normal consideration for the property and is unaffected by special or creative financing or sales concessions granted by any person associated with the sale.
Sec. 2. NRS 37.050 is hereby amended to read as follows:
37.050 1. If land is required for public use, the person, corporation or partnership or its agents in charge of the use may survey and locate it. The land must be located in the manner most compatible with the greatest public good and the least private injury, and subject to this chapter. [Upon written notice to the owner at least 10 days before entry, the] The person, corporation or partnership or [his or] its agents [in charge of a public use] may , with the consent of the owner or under a court order entered pursuant to subsection 2, enter upon the land and make examinations, surveys and maps thereof, [and the entry] including soil investigations, test borings and the appraisal and valuation of the land and any improvements thereon.
2. If the owner or occupant of the land fails or refuses to permit entry on the land for the purposes set forth in subsection 1, the person, corporation or partnership may petition the district court of the county in which the land is situated for an order permitting entry on the land for those purposes. If the court ascertains, by affidavit or otherwise, that the person, corporation or partnership in good faith desires to enter the land for those purposes, the court shall grant an order permitting that entry, conditioned upon the examination being made at reasonable times and in such a manner as to cause the least inconvenience to the owner or occupant of the land.
3. Entry upon land pursuant to this section does not give rise to any cause of action in favor of the owner or occupant of the land, except for actual damages sustained to the land or any improvements thereon and all injuries resulting from negligence, wantonness or malice. [The words examinations and surveys include, but are not limited to, archeological and other surveys necessary for the preparation of environmental impact and other precondemnation statements or supporting data.]
κ1995 Statutes of Nevada, Page 503 (CHAPTER 288, SB 415)κ
Sec. 3. NRS 496.070 is hereby amended to read as follows:
496.070 1. In the acquisition of property by eminent domain proceedings authorized by this chapter, the municipality shall proceed in the manner provided by chapter 37 of NRS; but the municipality exercising such power shall, in addition to the damage for the taking, injury [,] or destruction of property, also pay the cost of the removal or relocation of any structure, railways, mains, pipes, conduits, wires, cables, poles or any public utility which is required to be moved to a new location.
2. For the purpose of making surveys and examinations relative to any eminent domain proceedings, [it shall be lawful to] the municipality may enter upon any land, in accordance with the provisions of NRS 37.050, doing no unnecessary damage.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 427Committee on Commerce and Labor
CHAPTER 289
AN ACT relating to public records; clarifying that the requirement that public books and records be open to inspection does not affect the rights of a person in a book or record which is copyrighted; prohibiting a public agency from rejecting a copyrighted book or record solely because it is copyrighted; and providing other matters properly relating thereto.
[Approved June 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 239.010 is hereby amended to read as follows:
239.010 1. All public books and public records of a public agency, a university foundation or an educational foundation, the contents of which are not otherwise declared by law to be confidential, must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the public agency, university foundation or educational foundation or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A public agency may not reject a book or record which is copyrighted solely because it is copyrighted.
3. As used in this section:
(a) Educational foundation has the meaning ascribed to it in subsection 3 of NRS 388.750.
κ1995 Statutes of Nevada, Page 504 (CHAPTER 289, SB 427)κ
(b) Public agency means any officer of the state or a county, city, district, governmental subdivision or quasi-municipal corporation and any office of this state.
(c) University foundation has the meaning ascribed to it in subsection 3 of NRS 396.405.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 447Committee on Commerce and Labor
CHAPTER 290
AN ACT relating to homeopathic medicine; providing for the confidentiality of records or information obtained by the board of homeopathic medical examiners during an investigation; and providing other matters properly relating thereto.
[Approved June 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 630A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, any records or information obtained during an investigation by the board and any record of the investigation are confidential until the investigation is completed. Upon completion of the investigation, the information and records are public records if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.
2. The board may provide any record or information described in subsection 1 to any other licensing board or agency, including a law enforcement agency, which is investigating a person who is licensed pursuant to this chapter.
________
κ1995 Statutes of Nevada, Page 505κ
Assembly Bill No. 472Committee on Commerce
CHAPTER 291
AN ACT relating to real estate; requiring a course of instruction for an original real estate salesmans license to include the subject of the disclosure of information in real estate transactions; and providing other matters properly relating thereto.
[Approved June 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645.343 is hereby amended to read as follows:
645.343 1. In addition to the other requirements contained in this chapter, an applicant for an original real estate salesmans license must furnish proof satisfactory to the real estate division that he has successfully completed a course of instruction in the principles, practices, procedures, law and ethics of real estate, which course may be an extension or correspondence course offered by the University and Community College System of Nevada, any other accredited college or university or by any other college or school approved by the commission. The course of instruction must include the subject of disclosure of required information in real estate transactions, including instruction on methods a seller may use to obtain the required information.
2. An applicant for an original real estate brokers or broker-salesmans license must furnish proof satisfactory to the real estate division that he has successfully completed 45 semester units or the equivalent in quarter units of college level courses which include:
(a) Three semester units or an equivalent number of quarter units in real estate law, including at least [15] 18 classroom hours of the real estate law of Nevada and another course of equal length in the principles of real estate;
(b) Nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics; and
(c) Nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics.
3. On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license must furnish proof satisfactory to the real estate division that he has completed 64 semester units or the equivalent in quarter units of college level courses. This educational requirement includes and is not in addition to the requirements listed in subsection 2.
4. For the purposes of this section, each person holding a valid real estate salesmans license under the provisions of this chapter is entitled to receive credit for the equivalent of 16 semester units of college level courses for each two years of active experience he has as a licensed real estate salesman. This credit may not be applied against the requirement in subsection 2 for [15] 18 classroom hours or the real estate law of Nevada.
5. The educational requirements of this section may be waived partially or completely by the commission if the applicant for an original real estate brokers or broker-salesmans license furnishes proof satisfactory to the commission that he resides in a rural county where educational resources are not available and where excess travel would work a hardship on the applicant in meeting the requirements.
κ1995 Statutes of Nevada, Page 506 (CHAPTER 291, AB 472)κ
brokers or broker-salesmans license furnishes proof satisfactory to the commission that he resides in a rural county where educational resources are not available and where excess travel would work a hardship on the applicant in meeting the requirements.
6. An applicant for a brokers license pursuant to NRS 645.350 must meet the educational prerequisites applicable on the date his application is received by the real estate division.
7. For the purposes of this section, college level courses are courses offered by any accredited college or university or by any other institution which meet the standards of education established by the commission. The commission may adopt regulations setting forth standards of education which are equivalent to the college level courses outlined in this subsection. The regulations may take into account the standard of instructors, the scope and content of the instruction, hours of instruction and such other criteria as the commission requires.
Sec. 2. This act becomes effective on January 1, 1996.
________
Assembly Bill No. 449Assemblyman Hettrick
CHAPTER 292
AN ACT relating to recycling; revising the provisions governing whether a county is required to make available for use in that county certain programs for recycling; and providing other matters properly relating thereto.
[Approved June 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444A.040 is hereby amended to read as follows:
444A.040 1. The board of county commissioners in a county whose population is more than [40,000] 100,000, or its designee, shall make available for use in that county a program for:
(a) The separation at the source of recyclable material from other solid waste originating from the residential premises where services for the collection of solid waste are provided.
(b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of [the programs] any other program made available pursuant to [paragraph (a) or (b).] this subsection.
2. The board of county commissioners of a county whose population is more than 25,000 but not more than [40,000] 100,000, or its designee:
(a) May make available for use in that county a program for the separation at the source of recyclable material from other solid waste originating from the residential premises where services for the collection of solid waste are provided.
κ1995 Statutes of Nevada, Page 507 (CHAPTER 292, AB 449)κ
the residential premises where services for the collection of solid waste are provided.
(b) Shall make available for use in that county a program for:
(1) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program [.] established pursuant to paragraph (a).
(2) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to [subparagraph (1) or paragraph (a).] this subsection.
3. The board of county commissioners of a county whose population is not more than 25,000, or its designee, may make available for use in that county a program for:
(a) The separation at the source of recyclable material from other solid waste originating from the residential premises where services for the collection of solid waste are provided.
(b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to [paragraph (a) or (b).] this subsection.
4. Any program made available pursuant to this section:
(a) Must not:
(1) Conflict with the standards adopted by the state environmental commission pursuant to NRS 444A.020; and
(2) Become effective until approved by the [state department of conservation and natural resources.] department.
(b) May be based on the model plans adopted pursuant to NRS 444A.030.
5. The governing body of a municipality may adopt and carry out within the municipality such programs made available pursuant to this section as are deemed necessary and appropriate for that municipality.
6. Any municipality may, with the approval of the governing body of an adjoining municipality, participate in any program adopted by the adjoining municipality pursuant to subsection 5.
7. Persons residing on an Indian reservation or Indian colony may participate in any program adopted pursuant to subsection 5 by a municipality in which the reservation or colony is located if the governing body of the reservation or colony adopts an ordinance requesting such participation. Upon receipt of such a request, the governing body of the municipality shall make available to the residents of the reservation or colony those programs requested.
________
κ1995 Statutes of Nevada, Page 508κ
Senate Bill No. 432Committee on Judiciary
CHAPTER 293
AN ACT relating to statutes; ratifying technical corrections made to sections of NRS and to multiple amendments of sections of NRS; correcting the effective date of, correcting certain provisions in, and repealing certain provisions in Statutes of Nevada 1993; and providing other matters properly relating thereto.
[Approved June 20, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Sections 1 and 4 of chapter 20, Statutes of Nevada 1993, at pages 38 and 39, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 176.227 is hereby amended to read as follows:
176.227 A convicted person who is granted an honorable discharge from probation, who has not previously been restored to his civil rights, and who is not convicted of any offense greater than a traffic violation within 6 months after the discharge, may apply to the division to request a restoration of his civil rights. The application must be accompanied by a current, certified record of the applicants criminal history received from the central repository for Nevada records of criminal history. If the division determines after an investigation that the applicant meets the requirements of this section, it shall petition the court in which the applicant was convicted for an order granting the restoration. If the division refuses to submit such a petition, the applicant may, after notice to the division, directly petition the court for restoration of his civil rights.
Sec. 4. NRS 213.157 is hereby amended to read as follows:
213.157 In any case where a person convicted of a felony in the State of Nevada has served his sentence and been released from prison, and has not been convicted of any offense greater than a traffic violation within 5 years of his release, he may apply to the division requesting restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted. The application must be accompanied by a current, certified record of the applicants criminal history received from the central repository for Nevada records of criminal history. If, after investigation, the division determines that the applicant meets the requirements of this section, it shall petition the district court in which the conviction was obtained for an order granting such restoration and release. If the division refuses to submit such petition, the applicant may, after giving notice to the division, petition such court directly for the restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted.
2. Chapter 20, Statutes of Nevada 1993, at page 40, are hereby amended by adding thereto a new section to be designated as section 5, immediately following section 4, to read as follows:
κ1995 Statutes of Nevada, Page 509 (CHAPTER 293, SB 432)κ
Sec. 5. Sections 1 and 4 of this act become effective at 12:01 a.m. on October 1, 1993.
Sec. 2. 1. Section 2 of chapter 33, Statutes of Nevada 1993, at page 57, is hereby amended to read as follows:
Sec. 2. NRS 488.355 is hereby amended to read as follows:
488.355 1. Every game warden, sheriff and other peace officer of this state and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.
2. Any [boat] vessel located upon the waters of this state is subject to inspection by the division of wildlife of the state department of conservation and natural resources or any lawfully designated agent or inspector thereof at any time to determine whether the [boat] vessel is equipped in compliance with the provisions of this chapter.
3. Any [boat] vessel located upon the waters of this state is subject to inspection by the [health division of the department of human] division of environmental protection of the state department of conservation and natural resources or any lawfully designated agent or inspector thereof at any time to determine whether the [boat] vessel is equipped in compliance with the provisions of [NRS 488.315 to 488.335, inclusive.] section 1 of this act. As used in this subsection, vessel includes any watercraft or structure floating on the water, whether or not capable of self-locomotion, including houseboats, barges and similar structures.
2. Chapter 33, Statutes of Nevada 1993, at page 57, is hereby amended by adding thereto a new section to be designated as section 4, immediately following section 3, to read as follows:
Sec. 4. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1993.
Sec. 3. 1. Section 1 of chapter 38, Statutes of Nevada 1993, at page 66, is hereby amended to read as follows:
Section 1. NRS 501.351 is hereby amended to read as follows:
501.351 1. The administrator may enter into cooperative or reciprocal agreements with the Federal Government or any agency thereof, [adjoining states] any other state or any agency thereof, any other agency of this state, any county or other political subdivision of this state, to the extent permitted by the provisions of chapter 277 of NRS, any public or private corporation, or any person, in accordance with and for the purpose of carrying out the policy of the commission.
2. Such agreements do not relieve any party thereto of any liability, independent of such agreements, existing under any provision of law.
2. Chapter 38, Statutes of Nevada 1993, at page 66, is hereby amended by adding thereto a new section to be designated as section 2, immediately following section 1, to read as follows:
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1993.
Sec. 4. 1. Section 5 of chapter 66, Statutes of Nevada 1993, at page 111, is hereby amended to read as follows:
Sec. 5. NRS 513.103 is hereby amended to read as follows:
513.103 1. The account for the division of minerals is hereby created in the state general fund.
κ1995 Statutes of Nevada, Page 510 (CHAPTER 293, SB 432)κ
2. The following special fees and money must be deposited in the account:
(a) All fees collected pursuant to NRS 513.094, 517.185 and chapter 522 of NRS.
(b) All money collected pursuant to NRS 235.016.
(c) Any money received by the division from a county pursuant to NRS 513.108.
(d) All fees collected pursuant to NRS 534A.080.
(e) Any money appropriated to the division from the state general fund.
3. No money except that appropriated from the state general fund lapses to the state general fund.
4. The money in the account is appropriated to the division. The money deposited in the account pursuant to paragraph (a) of subsection 2, and the interest earned thereon, must be expended for the purposes of administering chapter 522 of NRS and the provisions of this chapter, except for NRS 513.108. The money deposited pursuant to paragraphs (b) and (c) of subsection 2, and the interest earned thereon, must be distributed to the counties pursuant to NRS 513.108, except that portion required to pay the cost of administering the provisions of that section. All interest earned on the account must remain in the account.
2. Chapter 66, Statutes of Nevada 1993, at page 111, is hereby amended by adding thereto a new section to be designated as section 7, immediately following section 6, to read as follows:
Sec. 7. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1993.
Sec. 4.5. Section 6 of chapter 96, Statutes of Nevada 1993, at page 153, is hereby amended to read as follows:
Sec. 6. Chapter [106] 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 17, inclusive, of this act.
Sec. 5. 1. Sections 2 and 4 of chapter 119, Statutes of Nevada 1993, at pages 208 and 209, respectively, are hereby amended to read respectively as follows:
Sec. 2. 1. The committee to approve schedules for the retention and disposition of official state records, consisting of six members, is hereby created.
2. The committee consists of:
(a) The secretary of state;
(b) The attorney general;
(c) The director of the department of administration;
(d) The state librarian;
(e) The director of the department of information services; and
(f) One member who is a representative of the general public appointed by the governor.
All members of the committee, except the representative of the general public, are ex officio members of the committee.
3. The secretary of state or a person designated by him shall serve as chairman of the committee. The state librarian shall serve as secretary of the committee and prepare and maintain the records of the committee.
κ1995 Statutes of Nevada, Page 511 (CHAPTER 293, SB 432)κ
4. The committee shall meet at least quarterly and may meet upon the call of the chairman.
5. An ex officio member of the committee may designate a person to represent him at any meeting of the committee. The person designated may exercise all the duties, rights and privileges of the member he represents.
6. The committee may adopt rules and regulations for its management.
Sec. 4. NRS 239.005 is hereby amended to read as follows:
239.005 As used in this chapter [division] :
1. Committee means the committee to approve schedules for the retention and disposition of official state records; and
2. Division means the division of state library and archives of the department of museums, library and arts.
2. Chapter 119, Statutes of Nevada 1993, at page 209, is hereby amended by adding thereto a new section to be designated as section 6, immediately following section 5, to read as follows:
Sec. 6. Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1993.
Sec. 6. 1. Section 1 of chapter 120, Statutes of Nevada 1993, at page 210, is hereby amended to read as follows:
Section 1. NRS 519A.250 is hereby amended to read as follows:
519A.250 1. An operator who is required by federal law to file a plan of operation [,] or an amended plan of operation [or a notice of intent] with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after approval of the plan or amended plan, [or within 30 days after filing a notice,] provide the division of minerals of the department of business and industry with a copy of the filing and pay [the following fee] to the division of minerals [:
(a) For a plan of operation or an amended plan of operation filed with the United States Bureau of Land Management or the United States Forest Service, the operator shall pay] a fee of $20 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed [under] pursuant to an amended plan.
[(b) For a notice of intent filed with the United States Bureau of Land Management or the United States Forest Service, the operator shall pay a fee of $20.]
2. The division of minerals shall adopt by regulation a method of refunding a portion of the [fees] fee required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed [under] pursuant to the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.
3. All money received by the division of minerals pursuant to subsection 1 must be accounted for separately and used by the division of minerals to create and administer [a program for the] programs for:
(a) The abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the division of minerals [.]
κ1995 Statutes of Nevada, Page 512 (CHAPTER 293, SB 432)κ
of hazard established by regulations adopted by the division of minerals [.] ; and
(b) The education of the public concerning the dangers of the hazardous conditions described in paragraph (a).
All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the account for the division of minerals.
4. On or before February 1 of each odd-numbered year, the division of minerals shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.
2. Chapter 120, Statutes of Nevada 1993, at page 211, is hereby amended by adding thereto a new section to be designated as section 3, immediately following section 2, to read as follows:
Sec. 3. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1993.
Sec. 7. 1. Section 1 of chapter 136, Statutes of Nevada 1993, at page 242, is hereby amended to read as follows:
Section 1. NRS 213.140 is hereby amended to read as follows:
213.140 1. Whenever any prisoner becomes eligible for parole pursuant to this chapter or the regulations adopted pursuant to this chapter, the board shall consider and may authorize his release on parole as provided in NRS 213.110 and elsewhere in this chapter, irrespective of whether he has applied to the board for parole. If the prisoner has not made such an application before any regular meeting of the board, the secretary of the board shall prepare the application and present [the same] it to the board. The board may authorize the release of a prisoner on parole whether or not parole is accepted by the prisoner.
2. If the release of a prisoner on parole is authorized by the board, the division shall:
(a) Review and, if appropriate, approve each prisoners proposed plan for placement upon release; or
(b) If his plan is not approved by the division, assist the prisoner to develop a plan for his placement upon release,
before he is released on parole.
3. The board may adopt any regulations necessary or convenient to carry out this section.
Sec. 8. Sections 118, 119 and 166 of chapter 195, Statutes of Nevada 1993, at pages 384 and 402, are hereby amended to read respectively as follows:
Sec. 118. NRS 286.808 is hereby amended to read as follows:
286.808 1. The board of regents of the University of Nevada shall contribute on behalf of each participant an amount equal to 10 percent of the participants gross compensation during continuance of employment. Each participant shall also contribute 10 percent of his gross compensation, but the contributions required by this section must not be less than those authorized by NRS 286.410 and [NRS] 286.450. Payment of the contributions required by this section must be made by the disbursing officer for the [university] University and Community College System of Nevada to the designated investment entities for the benefit of each participant.
κ1995 Statutes of Nevada, Page 513 (CHAPTER 293, SB 432)κ
Nevada to the designated investment entities for the benefit of each participant.
2. The board of regents of the University of Nevada may, on behalf of each participant, pay the contribution required to be paid by the participant in subsection 1. Any such payment must be:
(a) Made in lieu of an equivalent increase in the basic salary or in the cost of living for the participant, or both; or
(b) Counterbalanced by an equivalent reduction in the participants salary.
Sec. 119. NRS 286.810 is hereby amended to read as follows:
286.810 The board of regents of the University of Nevada shall designate the investment entities to provide investment services under the retirement program and shall approve the form and contents of the contracts. In making the designation and giving the approval, the board shall consider:
1. The nature and extent of the rights and benefits to be provided by such contracts for staff members and their beneficiaries;
2. The relation of such rights and benefits to the amount of contributions to be made;
3. The suitability of such rights and benefits to the needs of the staff members and the interests of the University and Community College System of Nevada [System] in the recruitment and retention of staff members; and
4. The ability of the designated investment entities to provide such suitable rights and benefits under such contracts.
Sec. 166. (Deleted by amendment.)
Sec. 9. Sections 3 and 4 of chapter 201, Statutes of Nevada 1993, at pages 427 and 428, respectively, are hereby amended to read respectively as follows:
Sec. 3. 1. The division shall make available restricted nonresident deer tags in an amount not to exceed the amount set forth in this section. If the number of persons who apply for restricted nonresident deer tags is greater than the number of tags to be issued, the division shall conduct a drawing to determine the persons to whom to issue the tags.
2. The number of restricted nonresident deer tags must:
(a) Be subtracted from the quota of rifle deer tags for nonresidents; and
(b) Not exceed 9 percent of the deer tags issued to nonresidents during the previous year or 250 tags, whichever is greater.
3. The number of restricted nonresident deer tags issued for any management area or unit must not exceed 25 percent of the rifle deer tags issued to nonresidents during the previous year for that management area or unit.
4. Any restricted nonresident deer tags which are not issued must be returned to the quota of rifle deer tags for nonresidents.
5. The division shall mail the tags to the successful applicants.
Sec. 4. 1. Except as otherwise provided in this subsection, any person who wishes to apply for a restricted nonresident deer tag pursuant to section 3 of this act must complete an application on a form prescribed and furnished by the division.
κ1995 Statutes of Nevada, Page 514 (CHAPTER 293, SB 432)κ
and furnished by the division. A licensed master guide may complete the application for an applicant. The application must be signed by the applicant and the master guide who will be responsible for conducting the restricted nonresident deer hunt.
2. The application must be accompanied by a fee for the tag of $250, plus any other fees which the division may require. The commission shall establish the time limits and acceptable methods for submitting such applications to the division.
3. Any application for a restricted nonresident deer tag which contains an error or omission must be rejected and returned to the applicant with his fee for the tag.
4. A person who is issued a restricted nonresident deer tag is not eligible to apply for any other deer tag issued in this state for the same hunting season as that restricted nonresident deer hunt.
5. All fees collected pursuant to this section must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
Sec. 10 1. Sections 5, 7, 8, 10, 13 to 16, inclusive, 25, 26 and 32 to 36, inclusive, of chapter 202, Statutes of Nevada 1993, at pages 431 to 438, inclusive, are hereby amended to read respectively as follows:
Sec. 5. NRS 503.597 is hereby amended to read as follows:
503.597 1. [It] Except as otherwise provided in this section, it is unlawful, except by the written consent and approval of the division, for any person at anytime to receive, bring or have brought or shipped into [the State of Nevada,] this state, or remove from one stream or body of water in this state to any other, or from one portion of the state to any other, or to any other state, any aquatic life, wildlife, spawn, eggs or young of any of them.
2. The division shall require an applicant to conduct an investigation to [determine if] confirm that such an introduction or removal will not be detrimental [.] to the wildlife or the habitat of wildlife in this state. Written consent and approval of the division may be given only if the results of the investigation prove that [such] the introduction , removal or importation will not be detrimental to existing aquatic life, wildlife, spawn, eggs or young of any of them.
3. The commission may through appropriate regulation provide for the inspection of such introduced or removed creatures and the inspection fees therefor.
4. The commission may adopt regulations to prohibit the importation, transportation or possession of any species of wildlife which the commission deems to be detrimental to the wildlife or the habitat of the wildlife in this state.
5. The provisions of this section do not apply to alternative livestock and products made therefrom.
Sec. 7. The provisions of NRS 504.155, 504.165 and 504.175 do not apply to:
1. Alternative livestock; or
2. Game mammals not native to this state, that are held in captivity for purposes other than as required by the division.
κ1995 Statutes of Nevada, Page 515 (CHAPTER 293, SB 432)κ
that are held in captivity for purposes other than as required by the division.
Sec. 8. 1. Any species of wildlife, including alternative livestock, that:
(a) Is released from confinement without the prior written authorization of the division; or
(b) Escapes from the possessors control,
may be captured, seized or destroyed by the division if the division determines that such actions are necessary to protect wildlife and the habitat of wildlife in this state.
2. The owner or possessor of such wildlife:
(a) Shall report its escape immediately after receiving knowledge of the escape; and
(b) Is liable for the costs incurred by the division to capture, maintain and dispose of the wildlife and for any damage caused by the wildlife.
3. The division is not liable for any damage to wildlife, or caused by wildlife, in carrying out the provisions of this section.
Sec. 10. NRS 504.295 is hereby amended to read as follows:
504.295 1. [It is unlawful for any person to possess, cultivate or cause the propagation of] Except as otherwise provided in this section and NRS 503.590, or unless otherwise specified by a regulation adopted by the commission, no person may:
(a) Possess any live wildlife unless he is licensed by the division to do so.
(b) Capture live wildlife in this state to stock a commercial or noncommercial wildlife facility.
(c) Possess or release from confinement any mammal for the purposes of hunting.
2. The commission shall adopt regulations for the possession [, cultivation and propagation] of live wildlife. The regulations must set forth the species of wildlife which may be possessed [, cultivated] and propagated, and provide for the inspection by the division of any related facilities.
3. In accordance with the regulations of the commission, the division may issue commercial and noncommercial licenses for the possession [, cultivation and propagation] of live wildlife upon receipt of the applicable fee.
4. The provisions of this section do not apply to alternative livestock and products made therefrom.
Sec. 13. NRS 564.010 is hereby amended to read as follows:
564.010 As used in this chapter:
1. Administrator means the administrator of the division.
2. Animals means:
(a) All cattle or animals of the bovine species.
(b) All horses, mules, burros and asses or animals of the equine species.
(c) All swine or animals of the porcine species.
(d) All sheep and goats.
(e) Alternative livestock as defined in section 1 of this act.
κ1995 Statutes of Nevada, Page 516 (CHAPTER 293, SB 432)κ
3. Division means the division of agriculture of the department of business and industry.
Sec. 14. NRS 565.010 is hereby amended to read as follows:
565.010 As used in this chapter, unless the context requires otherwise:
1. Administrator means the administrator of the division.
2. Animals means:
(a) All cattle or animals of the bovine species except dairy breed calves under the age of 1 month.
(b) All horses, mules, burros and assess or animals of the equine species.
(c) All swine or animals of the porcine species.
(d) Alternative livestock as defined in section 1 of this act.
3. Brand inspection means a careful examination of each animal offered for such inspection and an examination of any brands, marks or other characteristics thereon.
4. Division means the division of agriculture of the department of business and industry.
Sec. 15. NRS 571.015 is hereby amended to read as follows:
571. 015 As used in this chapter, unless the context requires otherwise:
1. Division means the division of agriculture of the department of business and industry.
2. Importation means the transportation or movement of livestock by any railroad, express company, truckline or other carrier, or by any persons, by vehicle or otherwise, into this state.
3. Livestock means:
(a) All cattle or animals of the bovine species.
(b) All horses, mules, burros and asses or animals of the equine species.
(c) All swine or animals of the porcine species.
(d) All goats or animals of the caprine species.
(e) All poultry or domesticated fowl or birds.
(f) All dogs, cats or other animals domesticated or under the restraint or control of man.
(g) Alternative livestock as defined in section 1 of this act.
4. State quarantine officer means the administrator of the division.
Sec. 16. NRS 573.010 is hereby amended to read as follows:
573.010 As used in this chapter:
1. Administrator means the administrator of the division.
2. Consignor means any person consigning, shipping or delivering livestock to a public livestock auction for sale, resale or exchange.
3. Division means the division of agriculture of the department of business and industry.
4. Livestock means [cattle,] :
(a) Cattle, sheep, goats, horses, mules, asses, burros, swine or poultry [.] ; and
(b) Alternative livestock as defined in section 1 of this act.
κ1995 Statutes of Nevada, Page 517 (CHAPTER 293, SB 432)κ
5. Operator of a public livestock auction means any person holding, conducting or carrying on a public livestock auction.
6. Public livestock auction means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange, and is exchanged or sold at auction or upon a commission basis at regular or irregular intervals.
Sec. 25. Division means the division of agriculture of the department of business and industry.
Sec. 26. Administrator means the administrator of the division.
Sec. 32. 1. It is unlawful for any person to import, possess or propagate any alternative livestock unless he first obtains from the state board of agriculture a permit that authorized him to do so.
2. The state board of agriculture shall adopt regulations for the importation, possession and propagation of alternative livestock. The regulations must set forth requirements for:
(a) Facilities used to confine alternative livestock, including minimum requirements for fencing to prevent the escape of alternative livestock.
(b) The genetic testing of alternative livestock.
(c) Keeping and maintaining records related to the importation, transfer, possession and propagation of alternative livestock.
(d) Identifying and marking alternative livestock.
(e) Marketing alternative livestock.
(f) The filing of any bonds which may be required by the state board of agriculture.
3. In adopting the regulations required by subsection 2, the state board of agriculture shall consult with the division of wildlife of the state department of conservation and natural resources and the board of wildlife commissioners concerning the provisions that are necessary to protect wildlife in this state and in the areas designated as areas of special concern by the board of wildlife commissioners pursuant to NRS 501.181.
4. The state board of agriculture shall establish by regulation a schedule of fees required to be paid for a permit issued pursuant to this section. The fees established must not exceed the approximate cost to the board of carrying out the provisions of this section.
Sec. 33. 1. An owner of alternative livestock may request assistance from the division of agriculture, the division of wildlife of the state department of conservation and natural resources and local law enforcement agencies to recapture any alternative livestock that has escaped from confinement.
2. Any alternative livestock that is recaptured may be impounded at a suitable facility until sufficient repairs or improvements are made to the owners facility to ensure that the escape of the alternative livestock does not recur.
3. The owner of the alternative livestock is liable for:
(a) The costs incurred by the division of agriculture, the division of wildlife of the state department of conservation and natural resources and any local law enforcement agency to recapture the alternative livestock;
κ1995 Statutes of Nevada, Page 518 (CHAPTER 293, SB 432)κ
and any local law enforcement agency to recapture the alternative livestock;
(b) The costs of impounding the alternative livestock; and
(c) Any damages caused by the alternative livestock during the escape.
Sec. 34. NRS 576.010 is hereby amended to read as follows:
576.010 As used in this chapter , unless the context [clearly requires otherwise:
1. Administrator means the administrator of the division.
2. Agent means any person who, on behalf of any commission merchant, or dealer, or broker or cash buyer, receives, contracts for or solicits the sale, exchange or transfer of farm products or livestock from a producer thereof, or who negotiates the consignment or purchase of any farm product or livestock on behalf of any commission merchant, dealer, broker or cash buyer.
3. Broker means any person other than a dealer, commission merchant or cash buyer who negotiates the purchase or sale of any farm product and who does not handle either the farm product involved or the proceeds of a sale.
4. Cash buyer means any person other than a commission merchant or dealer or broker who purchases or offers to purchase any farm products or livestock for the purpose of processing or resale and who pays for such farm products or livestock in lawful money of the United States or by certified check at the time of purchase or delivery thereof, or at the time the price of such farm products or livestock may be determined, if the price or value thereof is subject to determination by inspection, grade or pack out.
5. Commission merchant means any person other than a dealer, or broker, or cash buyer, who receives on consignment or solicits from the producer thereof for the purpose of resale, or who sells or offers for sale on commission any farm product or livestock, or who in any way handles for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.
6. Consignor means any person who ships or delivers to any commission merchant or dealer any farm products for handling, sale or resale.
7. Dealer means any person other than a commission merchant or broker or cash buyer who solicits, contracts for or obtains from the producer, agent or consignee thereof title, possession or control of any farm product or livestock, or who buys or agrees to buy any farm product or livestock from the producer thereof.
8. Division means the division of agriculture of the department of business and industry.
9. Farm products includes all agricultural, horticultural, viticultural and vegetable products of the soil, poultry and poultry products, livestock and livestock products and hay, but not timber products, or milk and milk products.
10. Fixed and established place of business means any warehouse, building, storeroom or stockyard, either owned or leased, at which the owner conducts a legitimate permanent business in good faith, and at which stocks of farm products or livestock are kept in quantities usually carried and reasonable adequate to meet the requirements of the business therein conducted.
κ1995 Statutes of Nevada, Page 519 (CHAPTER 293, SB 432)κ
owner conducts a legitimate permanent business in good faith, and at which stocks of farm products or livestock are kept in quantities usually carried and reasonable adequate to meet the requirements of the business therein conducted.
11. Immediate resale means a sale of farm products or livestock made within 60 days after the purchase thereof.
12. Livestock includes all kinds and ages, and both sexes, singular and plural, of the bovine and equine species and sheep, goats and hogs.
13. Producer means any person engaged in the business of growing or producing any farm product.] otherwise requires, the words and terms defined in sections 18 to 31, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 35. NRS 576.030 is hereby amended to read as follows:
576.030 1. Every person, before acting as a broker, dealer, commission merchant, cash buyer or agent, [as defined in NRS 576.010, must] shall file an application with the division for a license to transact such business. Separate applications must be filed for each class of business.
2. The application must be on [forms] a form prescribed and furnished by the division and must set forth:
(a) The full name of the person applying for the license. If the applicant is a firm, exchange, association or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation must be given in the application.
(b) The principal business address of the applicant in [the State of Nevada] this state and elsewhere.
(c) The name or names of the person or persons authorized to accept service of summons and legal notice of all kinds for the applicant.
(d) The names and addresses of all persons by whom the applicant has been employed for a period of 3 years immediately preceding the making of the application.
(e) A complete statement of the applicants business activity for the 3 years immediately preceding the making of the application which is not covered by paragraph (d).
(f) [Whether or not] A statement of whether the applicant has ever been arrested for anything other than a traffic violation punishable by a fine of $25 or less [,] and , if so, when and where, the nature of the crime charged, the disposition of the charge, the title and address of the police officials having custody of the record of arrest, and the names and locations of all the courts before which any proceedings in connection with the arrest took place.
(g) [Whether or not] A statement of whether the applicant has ever been in a party in a civil suit [,] and, if so, the nature of the suit, whether the [party] applicant was the plaintiff or the defendant, the disposition of the suit, and, if the applicant was the defendant and lost, whether there is a judgment or any portion thereof which remains unpaid.
(h) The county or counties in which the applicant proposes to engage in business.
κ1995 Statutes of Nevada, Page 520 (CHAPTER 293, SB 432)κ
(i) The class or classes of farm products the applicant proposes to handle.
(j) Such other information as the division may reasonably require.
3. In addition to the general requirements applicable to all classes of applications as set forth in subsection 2, [of this section,] the following requirements apply to the class of applications specified in paragraphs (a) and (b) of this subsection:
(a) Commission merchants. Each application must include a complete schedule of commissions [, together with] and an itemized listing of all charges for all services. Any services rendered for which charges are made, if not listed in the schedule on the application, must be rendered on a strictly cost basis.
(b) Agents. Each application [to be an agent] must be in the same form as an application for a license as a broker, dealer or commission merchant, and must include the name and address of the broker, dealer, commission merchant or cash buyer represented or sought to be represented by the agent, and the written endorsement or nomination of such broker, dealer, commission merchant or cash buyer.
4. The application must be accompanied [with] by an executed instrument whereby the applicant:
(a) Appoints and constitutes the administrator and his successor or successors in office the true and lawful attorney of the applicant upon whom all lawful process in any action or legal proceeding against the applicant arising in this state from a transaction under the provisions of this chapter may be served; and
(b) Agrees that any such lawful process against him which may be served upon his attorney as provided in this subsection [has] is of the same force and validity as if served upon him and that the authority thereof continues in force irrevocable as long as any liability of the applicant in the state remains outstanding.
Sec. 36. NRS 576.120 is hereby amended to read as follows:
576.120 1. The division may refuse to grant or renew a license or registration as provided in subsection 4 of NRS 576.140 or may suspend or revoke a license or registration as provided in subsection 4 of NRS 576.140 already granted if, after due notice and hearing, the division is satisfied of the existence of any of the following facts, the existence of which is hereby declared to be a violation of this chapter:
(a) That the applicant [,] or licensee [,] has intentionally made any false or misleading statement as to the conditions of the market for any farm products.
(b) That the applicant [,] or licensee [,] has made fictitious sales or has been guilty of collusion to defraud the producer.
(c) That the licensee was intentionally guilty of fraud or deception in the procurement of the license.
(d) That the applicant or licensee has in the handling of any farm products been guilty of fraud, deceit [,] or willful negligence.
(e) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a producer.
κ1995 Statutes of Nevada, Page 521 (CHAPTER 293, SB 432)κ
(f) That the licensee, without reasonable cause, has issued checks for the payment of farm products received without sufficient funds to cover them or has stopped payment on a check given in payment for farm products received.
(g) That the licensee, without reasonable cause, has failed to account or make payment for farm products as required by this chapter.
(h) That the licensee has knowingly employed an agent [, as defined in subsection 1 of NRS 576.010,] without causing the agent to comply with the licensing requirements of this chapter applicable to agents.
(i) That the licensee has failed or refused to keep, maintain and file records as required by this chapter.
(j) That the licensee has failed or refused to keep and maintain a bond or other security as required by the provisions of NRS 576.040.
2. The division may suspend, pending inquiry, for not longer than 30 days, and after hearing or investigation may refuse to grant, renew or revoke any license as the case may require, when it is satisfied that the licensee has become bankrupt or insolvent, and is thereby unable to pay producer-creditors of the licensee, or producers with whom the licensee has executory or executed contracts for the purchase of farm products, or for the handling of farm products on consignment.
3. A license is suspended automatically, without action of the division , if the bond filed pursuant to subsection 1 of NRS 576.040 is canceled, and remains suspended until [the] such bond is renewed.
4. In the case of any hearing held under the provisions of this section, there must be filed in the office of the division a memorandum stating briefly the reasons of the division for the denial, suspension or revocation of the license, but formal findings of fact need not be made or filed.
2. Chapter 202, Statutes of Nevada 1993, at page 439, is hereby amended by adding thereto a new section to be designated as section 37, immediately following section 36, to read as follows:
Sec. 37. Sections 5, 10, 13 to 16, inclusive, 34, 35 and 36 of this act become effective at 12:01 a.m. on October 1, 1993.
Sec. 11 Section 1 of chapter 207, Statutes of Nevada 1993, at page 446, is hereby amended to read as follows:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The director shall prepare, maintain and revise as necessary a list of all positions in the classified service that consist primarily of performing data processing.
2. The request of any appointing authority that is required to use the equipment or services of the department of information services for a new position or the reclassification of an existing position to a position included on the list required by subsection 1 must be submitted to the director of the department of information services for approval before submission to the department of personnel.
Sec. 12 Section 1 of chapter 209, Statutes of Nevada 1993, at page 447, is hereby amended to read as follows:
Section 1. NRS 504.147 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 522 (CHAPTER 293, SB 432)κ
504.147 Except as otherwise provided in a special act pertaining to a particular area:
1. The division may, if such leases or sales do not interfere with the use of such real property for wildlife management or for hunting or fishing thereon:
(a) Lease, for a term not exceeding 5 years, grazing or pasturage rights in and to real property which is assigned to the division for administration.
(b) Sell crops or agricultural products of whatever kind produced on such real property.
2. Except as otherwise provided in subsection 3, whenever the division intends to lease grazing or pasturage rights or to sell or offer for sale agricultural products as provided in subsection 1, the division may do so only by advertising for bids, reserving in such advertising the right to reject any or all bids.
3. The division may enter into such a lease with or make such a sale to a state agency without advertising for bids if the rent agreed to be paid for the lease or the sale price agreed to be paid for any agricultural commodities to be sold is, in the opinion of the division, equal to the amount that would be obtained by advertising for bids.
4. If the division finds that the highest or best bid is less than the amount that should be paid, the division may reject all bids and negotiate with interested persons for such lease or sale, but shall not accept any negotiated price if it is less in amount than the highest bid tendered for the same lease or sale.
5. If the deed to real property assigned to the division for administration contains a covenant or provision giving to the grantor an option to meet the highest bid for any lease by the division of grazing or pasturage rights to the real property or the sale of agricultural products from it, the division shall comply with the terms of the covenant or provision in the deed.
Sec. 13. 1. Sections 7, 9 and 10 of chapter 218, Statutes of Nevada 1993, at pages 470, 471 and 472, respectively, are hereby amended to read respectively as follows:
Sec. 7. NRS 284.327 is hereby amended to read as follows:
284.327 1. To assist [handicapped] persons with disabilities certified by the rehabilitation division of the department of employment, training and rehabilitation, appointing authorities are encouraged and authorized to make temporary limited appointments of certified [handicapped] persons with disabilities for a period not to exceed 700 hours notwithstanding that the positions so filled are continuing positions. [Certified handicapped persons] A person with a disability who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible . [lists. All such handicapped persons] Each such person must possess the training and experience necessary for the [positions] position for which [they are] he is certified. The rehabilitation division must be notified of an appointing authoritys request for [an eligible] a list of eligibility on which the names of one or more certified [handicapped] persons with disabilities appear. A temporary limited appointment of a certified [handicapped] person with a disability pursuant to this section constitutes the persons examination as required by NRS 284.215.
κ1995 Statutes of Nevada, Page 523 (CHAPTER 293, SB 432)κ
appointment of a certified [handicapped] person with a disability pursuant to this section constitutes the persons examination as required by NRS 284.215.
2. The director shall adopt regulations to carry out the provisions of subsection 1.
3. This section does not deter or prevent appointing authorities from employing:
(a) [Physically handicapped persons when] A person with a disability if he is available and eligible for permanent employment.
(b) [Handicapped persons] A person with a disability who is employed pursuant to the provisions of subsection 1 in permanent employment if [the persons qualify] he qualifies for permanent employment before the termination of [their] his temporary limited [appointments.] appointment.
4. If a person appointed pursuant to this section is subsequently appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof counts toward the employees probationary period.
Sec. 9. NRS 245.185 is hereby amended to read as follows:
245.185 1. To assist [handicapped] persons with disabilities certified by the rehabilitation division of the department of employment, training and rehabilitation, the board of county commissioners of each county is encouraged and authorized to make temporary limited appointments of certified [handicapped] persons with disabilities for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A [handicapped] person with a disability who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible.
2. Each such [handicapped] person must possess the training and experience necessary for the position for which he is certified. The rehabilitation division must be notified of the request of the board of county commissioners for a list of eligibility on which the names of one or more certified [handicapped] persons with disabilities appear. A temporary limited appointment of a certified [handicapped] person with a disability pursuant to this section constitutes the persons examination as required by NRS 284.215.
3. The board of county commissioners shall adopt regulations to carry out the provisions of this section.
4. This section does not prevent a county from employing [a person who is:
(a) Physically handicapped] :
(a) A person with a disability if he is available and eligible for permanent employment.
(b) [Handicapped and] A person with a disability who is employed pursuant to the provisions of this section in permanent employment if he qualifies for permanent employment before the termination of his temporary limited appointment.
5. If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employees probationary period.
κ1995 Statutes of Nevada, Page 524 (CHAPTER 293, SB 432)κ
portion thereof must be included in calculating the employees probationary period.
Sec. 10. NRS 268.4065 is hereby amended to read as follows:
268.4065 1. To assist [handicapped] persons with disabilities certified by the rehabilitation division of the department of employment, training and rehabilitation, the governing body of each city is encouraged and authorized to make temporary limited appointments of certified [handicapped] persons with disabilities for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A [handicapped] person with a disability who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible.
2. Each such [handicapped] person must possess the training and experience necessary for the position for which he is certified. The rehabilitation division must be notified of the request of the governing body of a city for a list of eligibility on which the names of one or more certified [handicapped] persons with disabilities appear. A temporary limited appointment of a certified [handicapped] person with a disability pursuant to this section constitutes the persons examination as required by NRS 284.215.
3. The governing body of the city shall adopt regulations to carry out the provisions of this section.
4. This section does not prevent a city from employing [a person who is:
(a) Physically handicapped] :
(a) A person with a disability if he is available and eligible for permanent employment.
(b) [Handicapped and] A person with a disability who is employed pursuant to the provisions of this section in permanent employment if he qualifies for permanent employment before the termination of his temporary limited appointment.
5. If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employees probationary period.
2. Chapter 218, Statutes of Nevada 1993, at page 472, is hereby amended by adding thereto a new section to be designated as section 11, immediately following section 10, to read as follows:
Sec. 11. Sections 7, 9 and 10 of this act become effective at 12:01 a.m. on October 1, 1993.
Sec. 14. 1. Sections 2 and 3 of chapter 219, Statutes of Nevada 1993, at page 474, are hereby amended to read respectively as follows:
Sec. 2. NRS 286.110 is hereby amended to read as follows:
286.110 1. [An actuarially funded] A system of retirement providing benefits for the retirement, disability or death of employees of public employers and funded on an actuarial reserve basis is hereby established and [shall] must be known as the public employees retirement system. The system is a public agency supported by administrative fees transferred from the retirement funds.
κ1995 Statutes of Nevada, Page 525 (CHAPTER 293, SB 432)κ
transferred from the retirement funds. The executive and legislative departments of the state government shall regularly review the system.
2. The system is entitled to use any services provided to state agencies [,] and shall use the services of the purchasing division of the department of administration, but is not required to use any other service. The purpose of this subsection is to provide to the board the necessary autonomy for an efficient and economic administration of the system and its program.
3. The official correspondence and records, other than the files of individual members or retired employees, and the minutes and books of the system are public records and are available for public inspection.
4. The respective participating public employers are not liable for any obligation of the system.
Sec. 3. NRS 286.297 is hereby amended to read as follows:
286.297 The following persons are not eligible to become members of the system:
1. Inmates of state institutions even though they may be receiving compensation for services performed for the institution.
2. Independent contractors or persons rendering professional services on a fee, retainer or contract basis.
3. Except as otherwise provided in NRS 286.525, persons retired under the provisions of this chapter who are employed by a participating public employer.
4. Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.
5. Substitute teachers and students who are employed by the institution which they attend.
6. District judges and justices of the supreme court first elected or appointed on or after July 1, 1977, who are not enrolled in the system at the time of election or appointment.
7. Members of the professional staff of the University and Community College System of Nevada who are employed on or after July 1, 1977.
8. Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.
9. Except as otherwise provided in NRS 286.293, persons assigned to intermittent or temporary positions unless the assignment exceeds [120 consecutive days in any fiscal or calendar year.] 6 consecutive months.
10. Persons employed on or after July 1, 1981, as part-time guards at school crossings.
11. Nurses who:
(a) Are not full-time employees;
(b) Are paid an hourly wage on a daily basis;
κ1995 Statutes of Nevada, Page 526 (CHAPTER 293, SB 432)κ
(c) Do not receive the employee benefits received by other employees of the same employer; and
(d) Do not work a regular schedule or are requested to work for a shift at a time.
2. Chapter 219, Statutes of Nevada 1993, at page 479, is hereby amended by adding thereto a new section to be designated as section 10, immediately following section 9, to read as follows:
Sec. 10. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1993.
Sec. 15. Section 5 of chapter 221, Statutes of Nevada 1993, at page 482, is hereby amended to read as follows:
Sec. 5. NRS 286.816 is hereby amended to read as follows:
286.816 A retirement, death or other benefit [shall] must not be paid by the State of Nevada or the board of regents of the University of Nevada under the retirement program. Benefits are payable to participating employees or their beneficiaries only by the designated [company] investment entities in accordance with the terms of the contracts.
Sec. 16. 1. Section 4 of chapter 227, Statutes of Nevada 1993, at page 497, is hereby amended to read as follows:
Sec. 4. NRS 645B.060 is hereby amended to read as follows:
645B.060 1. Subject to the administrative control of the director of the department of business and industry, the commissioner shall exercise general supervision and control over mortgage companies doing business in this state.
2. In addition to the other duties imposed upon him by law, the commissioner shall:
(a) Adopt reasonable regulations as may be necessary for making effective this chapter, except as to loan brokerage fees.
(b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.
(c) Conduct an annual examination of each mortgage company doing business in this state.
(d) Conduct such other examinations, periodic or special audits, investigations and hearings [, in addition to those specifically provided for by law,] as may be necessary and proper for the efficient administration of the laws of this state regarding mortgage companies.
[(d)] (e) Classify as confidential certain records and information obtained by the division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by the legislative auditor.
[(e)] (f) Conduct such examinations and investigations as are necessary to ensure that mortgage companies meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.
3. For each special audit, investigation or examination a mortgage company shall pay a fee based on the rate established pursuant to NRS 658.101.
κ1995 Statutes of Nevada, Page 527 (CHAPTER 293, SB 432)κ
2. Chapter 227, Statutes of Nevada 1993, at page 499, is hereby amended by adding thereto a new section to be designated as section 6, immediately following section 5, to read as follows:
Sec. 6. Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1993.
Sec. 17. 1. Section 5 of chapter 230, Statutes of Nevada 1993, at page 503, is hereby amended to read as follows:
Sec. 5. NRS 645A.030 is hereby amended to read as follows:
645A.030 1. At the time of filing an application for a license as an escrow agent or agency, the applicant shall :
(a) In the case of an escrow agency, deposit with the commissioner a corporate surety bond payable to the State of Nevada, in an amount of $25,000 , [and] executed by a corporate surety satisfactory to the commissioner [.] , and naming as principals the applicant and all escrow agents employed by or associated with the applicant; or
(b) In the case of an escrow agent, file with the commissioner proof that he is named as a principal on the corporate surety bond deposited with the commissioner by the escrow agency with whom he is associated or employed
2. The bond must be in substantially the following form:
Known All Men by These Presents, that ......................., as principal, and .., as surety, are held and firmly bound unto the State of Nevada for the use and benefit of any person who suffers damages because of a violation of any of the provisions of chapter 645A of NRS, in the sum of ............, lawful money of the United States, to be paid to the State of Nevada for such use and benefit, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
The condition of that obligation is such that: Whereas, the principal has made an application to the commissioner of financial institutions of the department of business and industry of the State of Nevada for a license as an escrow agent or agency and is required to furnish a bond in the amount of $25,000 conditioned as set forth in this bond:
Now, therefore, if the principal, his agents and employees, strictly, honestly and faithfully comply with the provisions of chapter 645A of NRS, and pay all damages suffered by any person because of a violation of any of the provisions of chapter 645A of NRS, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of chapter 645A of NRS, then this obligation is void; otherwise it remains in full force.
This bond becomes effective on the . day of ., 19 , and remains in force until the surety is released from liability by the commissioner of financial institutions or until this bond is canceled by the surety. The surety may cancel this bond and be relieved of further liability hereunder by giving 60 days written notice to the principal and to the commissioner of financial institutions of the department of business and industry of the State of Nevada.
κ1995 Statutes of Nevada, Page 528 (CHAPTER 293, SB 432)κ
principal and to the commissioner of financial institutions of the department of business and industry of the State of Nevada.
In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its authorized officers at , Nevada, this . day of ., 19
..................................................................... (Seal)
Principal
..................................................................... (Seal)
Surety
By ..........................................................
Attorney in fact
.............................................................
Licensed resident agent
2. Chapter 230, Statutes of Nevada 1993, at page 506, is hereby amended by adding thereto a new section to be designated as section 10, immediately following section 9, to read as follows:
Sec. 10. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1993.
Sec. 18. Section 3 of chapter 232, Statutes of Nevada 1993, at page 508, is hereby amended to read as follows:
Sec. 3. 1. This section [and section 2 of this act become] becomes effective on October 1, 1993.
2. Section 1 of this act becomes effective on:
(a) October 1, 1993, for the purposes of adopting regulations pursuant to paragraph (a) of subsection 3 of NRS 628.200, as amended by this act, concerning the number of semester hours in accounting and other courses that will be required for a certificate of certified public accountant on and after January 1, 2001.
(b) January 1, 2001, for all other purposes.
3. Section 2 of this act becomes effective on January 1, 2001.
4. On or before January 1, 1996, the Nevada state board of accountancy shall adopt regulations pursuant to paragraph (a) of subsection 3 of NRS 628.200, as amended by this act, specifying the number of semester hours in accounting and other courses that will be required for a certificate of certified public accountant on and after January 1, 2001.
Sec. 19. Sections 1 and 2 of chapter 238, Statutes of Nevada 1993, at page 519, are hereby amended to read respectively as follows:
Section 1. NRS 244.361 is hereby amended to read as follows:
244.361 1. Except as provided in subsection [2,] 3, the boards of county commissioners of the various counties of this state are granted the power and authority, by ordinance regularly enacted, to regulate, control and prohibit, as a public nuisance, the excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases within the boundaries of the county.
κ1995 Statutes of Nevada, Page 529 (CHAPTER 293, SB 432)κ
2. If an ordinance adopted pursuant to subsection 1 involves or affects agricultural operations, any plan or program to effectuate that ordinance must allow for customarily accepted agricultural practices to occur on agricultural land. A governmental entity which is considering the adoption of such a plan or program shall consult with the division of agriculture of the department of business and industry or local conservation districts to determine what customarily accepted agricultural practices may be affected by the proposed plan or program.
3. No existing compliance schedule, variance order or other enforcement action relating to air pollution by fossil fuel-fired steam generating facilities, with a capacity greater than 1,000 megawatts, may be enforced until July 1, 1977.
Sec. 2. NRS 268.410 is hereby amended to read as follows:
268.410 1. Except as provided in subsection [2,] 3, and in addition to any authority or power provided by the charter of any incorporated city in this state, whether incorporated by general or special act, or otherwise, there is granted to the governing body of each of the cities incorporated under any law of this state the power and authority, by ordinance regularly enacted, to regulate, control and prohibit, as a public nuisance, the excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases within the corporate limits of the city.
2. If an ordinance adopted pursuant to subsection 1 involves or affects agricultural operations, any plan or program to effectuate that ordinance must allow for customarily accepted agricultural practices to occur on agricultural land. A governmental entity which is considering the adoption of such a plan or program shall consult with the division of agriculture of the department of business and industry or local conservation districts to determine what customarily accepted agricultural practices may be affected by the proposed plan or program.
3. No existing compliance schedule, variance order or other enforcement action relating to air pollution by fossil fuel-fired steam generating facilities, with a capacity greater than 1,000 megawatts, may be enforced until July 1, 1977.
Sec. 20. Section 1 of chapter 239, Statutes of Nevada 1993, at page 520, is hereby amended to read as follows:
Section 1. NRS 341.141 is hereby amended to read as follows:
341.141 1. The board shall furnish engineering and architectural services to the University and Community College System of Nevada and all other state departments, boards or commissions charged with the construction of any building constructed on state property or for which the money is appropriated by the legislature, except:
(a) Buildings used in maintaining highways;
(b) Improvements, other than nonresidential buildings [,] with more than 1,000 square feet in floor area, made in state parks by the state department of conservation and natural resources; and
(c) Buildings on property controlled by other state agencies if the board has delegated its authority in accordance with NRS 341.119.
κ1995 Statutes of Nevada, Page 530 (CHAPTER 293, SB 432)κ
The board of regents of the University of Nevada and all other state departments, boards or commissions shall use those services.
2. The services must consist of:
(a) Preliminary planning;
(b) Designing;
(c) Estimating of costs; and
(d) Preparation of detailed plans and specifications.
Sec. 21. Sections 1, 6 and 7 of chapter 248, Statutes of Nevada 1993, at pages 533 and 538, are hereby amended to read respectively as follows:
Section 1. NRS 612.185 is hereby amended to read as follows:
612.185 1. A person shall be deemed unemployed in any week during which he performs no services and with respect to which no remuneration is payable to him or in any week of less than full-time work if the remuneration payable to him with respect to such week is less than his weekly benefit amount if he has no dependents or less than his augmented weekly benefit amount if he has dependents.
2. The administrator shall adopt regulations applicable to unemployed persons, making such distinctions in the procedures as to total unemployment, partial unemployment of persons who were totally unemployed, partial unemployment of persons who retain their regular employment and other forms of part-time work, as the administrator deems necessary.
3. No person shall be deemed to be unemployed in any week in which he:
(a) Is self-employed; [or]
(b) Receives benefits for a temporary total disability or a temporary partial disability pursuant to chapter 616 or 617 of NRS [.] ; or
(c) Receives money for rehabilitative services pursuant to chapter 616 or 617 of NRS.
Sec. 6. NRS 612.551 is hereby amended to read as follows:
612.551 1. Except as otherwise provided in subsection 2, when the division has determined that a claimant has earned 75 percent or more of his wages during his base period from one employer, it shall notify the employer of its determination and advise him that he has a right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.
2. Benefits paid pursuant to an elected base period [following a period of temporary total disability as provided] in accordance with NRS 612.344 must not be charged against the employers record for experience rating.
3. If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the administrator that the claimant:
(a) Left his employment voluntarily without good cause or was discharged for misconduct connected with his employment, the administrator may order that the benefits not be charged against the employers record for experience rating.
κ1995 Statutes of Nevada, Page 531 (CHAPTER 293, SB 432)κ
(b) Was the spouse of an active member of the Armed Forces of the United States and left his employment because his spouse was transferred to a different location, the administrator shall order that the benefits not be charged against the employers record for experience rating.
4. The employer may appeal the ruling of the administrator as to the cause of the termination of the claimants employment in the same manner as appeals may be taken from determinations relating to claims for benefits.
5. No determination made pursuant to this section constitutes a basis for disqualifying a claimant to receive benefits.
Sec. 7. 1. This section and sections 4 and 5 of this act become effective upon passage and approval.
2. Sections [1, 2, 3 and 6] 2 and 3 of this act become effective on October 1, 1993.
3. Sections 1 and 6 of this act become effective at 12:01 a.m. on October 1, 1993.
Sec. 22. 1. Sections 52, 108, 110, 113, 137, 151, 158, 160, 205, 241, 284.2 and 285 of chapter 265, Statutes of Nevada 1993, at pages 680, 700, 702, 712, 722, 725, 727, 758, 775, 800 and 805, are hereby amended to read respectively as follows:
Sec. 52. As used in sections 52 to 60, inclusive, of this act, unless the context otherwise requires:
1. Charge means any communication, whether oral, written, electronic or magnetic, which is used to identify specific accident benefits as reimbursable pursuant to this chapter or chapter 617 of NRS, or which may be used to determine a rate of payment pursuant to this chapter or chapter 617 of NRS.
2. Provider of health care means a person who receives or attempts to receive payment from:
(a) An insurer;
(b) A third-party administrator; or
(c) An organization for managed care which has contracted with an insurer or third-party administrator,
for accident benefits provided or alleged to have been provided to an injured employee pursuant to the provisions of this chapter or chapter 617 of NRS.
3. Record means any medical, professional or business record relating to:
(a) The treatment or care of an injured employee;
(b) Accident benefits provided to an injured employee; or
(c) Rates paid for such accident benefits.
Sec. 108 NRS 616.182 is hereby amended to read as follows:
616.182 1. Except as otherwise provided in this section, the division shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the divisions regulations.
κ1995 Statutes of Nevada, Page 532 (CHAPTER 293, SB 432)κ
2. The commissioner is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers , associations of self-insured public or private employers and third-party administrators pursuant to NRS 616.291 to 616.298, inclusive, 616.338 and chapter 683A of NRS [.] and sections 25 to 51, inclusive, of this act.
3. The department of administration is responsible for contested claims relating to workers compensation pursuant to NRS 616.541 to 616.544, inclusive, and section 79 of chapter 265, Statutes of Nevada 1993. The system is responsible for administrative appeals pursuant to NRS 616.392.
4. The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.
5. The division is responsible for the investigation of complaints. If a complaint is filed with the division by an employee of a self-insured employer [,] or of an employer who is a member of an association of self-insured public or private employers, or by a third-party administrator or provider of medical care regarding compliance [of a self-insured employer] with statutes or the divisions regulations, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons.
6. If an investigation conducted pursuant to subsection 5 indicates that a self-insured employer or an association of self-insured public or private employers has failed to comply with a statute or regulation, the administrator may order that an evidentiary hearing take place. Upon a finding that [material] intentional or repeated noncompliance has occurred, the administrator shall impose [a fine of not more than $1,000 against the self-insured employer.] an administrative fine of not more than $250 for each initial noncompliance which was not intentional, or a fine of not more than $1,000 for each intentional or repeated noncompliance. Two or more findings of material noncompliance within a 12-month period constitute grounds for the suspension of the self-insured employers or associations certification by the commissioner.
Sec. 110. NRS 616.187 is hereby amended to read as follows:
616.187 1. The administrator shall cause to be conducted at least every 3 years an audit of all insurers who provide benefits to injured employees pursuant to this chapter or chapter 617 of NRS. The administrator shall cause to be conducted each year on a random basis additional partial audits of any insurer who has a history of violations of the provisions of this chapter or chapter 617 of NRS, or the regulations adopted pursuant thereto, as determined by the administrator.
2. The administrator shall require the use of standard auditing procedures and shall establish a manual to describe the standard auditing procedures. The manual must include:
(a) Specific audit objectives;
(b) Standards for documentation;
(c) Policies for supervisory review;
(d) Policies for the training of auditors;
(e) The format for the audit report; and
κ1995 Statutes of Nevada, Page 533 (CHAPTER 293, SB 432)κ
(f) Procedures for the presentation, distribution and retention of the audit report.
3. The commissioner and the administrator shall establish a procedure for sharing information between the division of insurance of the department of business and industry and the division concerning the qualifications of employers as self-insured employers pursuant to NRS 616.291 [.] or as an association of self-insured public or private employers pursuant to section 26 of this act.
4. On or before March 1 of each year, the administrator shall make a report of each audit to the legislature, if it is in session, or to the interim finance committee if the legislature is not in session.
Sec. 113 NRS 616.1925 is hereby amended to read as follows:
616.1925 1. The administrator shall establish a method of indexing claims for compensation that will make information concerning the claimants of one insurer available to other insurers.
2. Every self-insured employer , association of self-insured public or private employers and the system shall provide information as required by the administrator for establishing and maintaining the index of claims.
3. If an employee files a claim with an insurer, the insurer is entitled to receive from the administrator a list of the prior claims of the employee. If the insurer desires to inspect the files related to the prior claims, he must obtain the written consent of the employee.
4. Any information obtained from the index of claims must be admitted into evidence in any hearing before an appeals officer, a hearing officer or the administrator.
5. The division may assess and collect a reasonable fee for its services provided pursuant to this section. The fee must be payable monthly or at such other intervals as determined by the administrator.
Sec. 137. NRS 616.337 is hereby amended to read as follows:
616.337 All self-insured employers and associations of self-insured public or private employers shall report to the administrator, annually or at intervals which the administrator requires, all accidental injuries, occupational diseases, dispositions of claims, reserves and payments made under this chapter, chapter 617 of NRS or regulations adopted by the division pursuant thereto.
Sec. 151. NRS 616.401 is hereby amended to read as follows:
616.401 1. An employer shall:
(a) Make a copy of each report that an employee files with the employer pursuant to 26 U.S.C. § 6053(a) to report the amount of his tips to the United States Internal Revenue Services;
(b) Submit the copy to the system upon request and retain another copy for his records or , if the employer is self-insured [,] or a member of an association of self-insured public or private employers, retain the copy for his records; and
(c) If he is not self-insured [,] or a member of an association of self-insured public or private employers, pay the system the premiums for the reported tips at the same rate as he pays on regular wages.
κ1995 Statutes of Nevada, Page 534 (CHAPTER 293, SB 432)κ
2. The division shall adopt regulations specifying the form of the declaration required pursuant to subsection 1.
3. The system , [or the] self-insured employer or association shall calculate compensation for an employee on the basis of wages paid by the employer plus the amount of tips reported by the employee pursuant to 26 U.S.C. § 6053. Reports made after the date of injury may not be used for the calculation of compensation.
4. An employer shall notify his employees of the requirement to report income from tips for the purposes of calculating his federal income tax and for including the income in the computation of benefits pursuant to this chapter.
5. The administrator shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 158. NRS 616.4261 is hereby amended to read as follows:
616.4261 1. There is hereby established as a trust fund in the state treasury the subsequent injury fund, which may be used only to make payments in accordance with the provisions of NRS 616.427 and 616.428. The administrator shall administer the fund.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers compensation.
4. The state treasurer may disburse money from the fund only upon written order of the state controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The administrator must adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by self-insured employers [,] and associations of self-insured public or private employers, and must be based upon expected annual expenditures for claims. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund, or any costs associated with the fund.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any self-insured employer or association of self-insured public or private employers who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
Sec. 160 NRS 616.427 is hereby amended to read as follows:
616.427 Except as otherwise provided in NRS 616.428:
1. If an employee of a self-insured employer or of a member of an association of self-insured public or private employers has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitled him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
κ1995 Statutes of Nevada, Page 535 (CHAPTER 293, SB 432)κ
which entitled him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a permanent physical impairment unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Associations Guides to the Evaluation of Permanent impairment as adopted and supplemented by the division. The division shall adopt regulations incorporating the American Medical Associations Guides to the Evaluation of Permanent Impairment by reference and may amend such regulations from time to time as it deems necessary. In adopting the Guides to the Evaluation of Permanent Impairment, the division shall consider the edition most recently published by the American Medical Association.
4. To qualify under this section for reimbursement from the subsequent injury fund, the self-insured employer or association of self-insured public or private employers must establish by written records that the [self-insured] employer had knowledge of the permanent physical impairment at the time the employee was hired or that the employee was retained in employment after the [self-insured] employer acquired such knowledge.
5. A self-insured employer or association of self-insured public or private employers shall notify the administrator of any possible claim against the subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.
6. The administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury fund. The administrator shall notify the self-insured employer or association of self-insured public or private employers of his decision on such a claim within 90 days after the claim is received.
7. An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.
Sec. 205. NRS 616.647 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 536 (CHAPTER 293, SB 432)κ
616.647 1. Except as otherwise provided in subsection 2, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:
(a) Induced a claimant for compensation to fail to report an accidental injury or occupational disease;
(b) Persuaded a claimant to settle for an amount which is less than reasonable;
(c) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending;
(d) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer or appeals officer;
(e) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer or appeals officer;
(f) Made it necessary for a claimant to resort to proceedings against the employer or insurer for compensation found to be due him by a hearing officer or appeals officer;
(g) Failed to comply with the divisions regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS; or
(h) Intentionally or repeatedly failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 617 of NRS, the administrator shall impose an administrative fine of not more than $250 for each initial violation which was not intentional, or a fine of not more than $1,000 for each intentional or repeated violation.
2. In addition to any fine imposed pursuant to subsection 1, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.
3. If the administrator determines that a person has violated any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of chapter 265, Statutes of Nevada 1993, the administrator shall impose an administrative fine of not more than $10,000.
4. Two or more fines of $1,000 imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the [revocation] withdrawal of a certificate of self-insurance [.] to act as a self-insured employer or an association of self-insured public or private employers.
5. The commissioner may withdraw the certification of a self-insured employer or an association of self-insured public or private employers if, after a hearing, it is shown that the self-insured employer or association violated any provision of subsection 1.
Sec. 241. NRS 232.550 is hereby amended to read as follows:
232.550 As used in NRS 232.550 to 232.700, inclusive, unless the context otherwise requires:
1. Administrator means the administrator of the division.
κ1995 Statutes of Nevada, Page 537 (CHAPTER 293, SB 432)κ
2. Director means the director of the department of business and industry.
3. Division means the division of industrial relations of the department of business and industry.
4. Insurer includes [the] :
(a) The state industrial insurance system [and self-insured employers.] ;
(b) A self-insured employer;
(c) An association of self-insured public employers; and
(d) An association of self-insured private employers.
Sec. 284.2. Section 1 of Assembly Bill No. 375 of this session is hereby amended to read as follows:
Section 1. NRS 616.380 is hereby amended to read as follows:
616.380 1. In addition to the authority given the manager to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the manager:
(a) Shall apply that form of rating system which, in his judgment, is best calculated to rate each individual risk more equitably, predicated upon the basis of the employers individual experience;
(b) Shall adopt equitable regulations controlling the rating of each risk, which [regulations, however,] must conserve to each risk the basic principles of industrial insurance; and
(c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.
2. The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate, additional charge of premiums or payment of dividends must be in the discretion of the manager.
3. The rating system provided by this section is subject to the following further limitations:
(a) All studies conducted by the manager to determine the adequacy of rate levels and the equity of rates among classifications must be conducted in the presence of an actuary designated by the commissioner.
(b) The manager shall file revised premium rates, revised classifications of employment and changes of the multiplier applied generally to classes of risk with the commissioner and give written public notice to the employers affected by the changes at least:
(1) Sixty days before the effective date of [any] a projected change in premiums or projected change of multiplier; and
(2) Thirty days before the effective date of [any] a change decided upon.
The commissioner shall review the revised rates and classifications and advise the manager of the changes which are not consistent with NRS 686B.050 and 686B.060.
(c) [Any] An employer affected by a change in a revised premium rate or a revised classification of employment may request the commissioner to hold a hearing before the effective date of the change.
κ1995 Statutes of Nevada, Page 538 (CHAPTER 293, SB 432)κ
the commissioner to hold a hearing before the effective date of the change. At the hearing, the commissioner shall consider the objections raised by any party appearing at the hearing. An employer may not appeal a decision of the commissioner concerning a revised premium rate or a revised classification of employment to the manager.
(d) Premium rates must not be fixed at a level higher than that required to:
(1) Pay the obligations created by this chapter and associated administrative expenses.
(2) Provide for a reasonable reserve for claims.
(3) Provide for contingencies such as a catastrophe, economic change, change in judicial interpretations of the law, legislative amendments of the law, deficiencies in the reserve and other events which cannot be predicted accurately and could endanger the solvency of the fund.
The commissioner may order the manager to make any adjustments necessary to meet the requirements of this paragraph.
4. In determining and fixing premium rates, the manager may establish a varying schedule of rates for workers who are in the classification of employment designated as construction which reflects the varying hourly rates of wages paid to such workers.
5. In determining and fixing the premium rates applicable to an employer who begins business in this state but has conducted business in another state for 3 years or longer, the manager shall take into account the employers experience in the other state in the same manner as the manager takes into account an employers experience in this state.
6. Subsections 2 and 3 do not apply to a rating plan made by voluntary agreement between the manager and an employer which increases or reduces premiums for the employer. The voluntary rating plan may be retrospective in nature. A voluntary rating plan must be in writing and signed by the manager and the employer.
[6.] 7. The manager shall adopt by regulation a plan for reviewing employers insured by the system who have excessive losses, as defined by the plan, in order to encourage those employers to pay for their losses and correct their loss experience. The plan:
(a) Must identify an employer with excessive losses as an employer:
(1) Whose incurred losses exceeded his manual premium in:
(I) The two most recent fiscal years of his period of experience; or
(II) The most recent fiscal year of his period of experience and in 2 of the 3 fiscal years preceding that fiscal year; and
(2) Who paid in a premium in a minimum amount to be established by the manager in each of the fiscal years in which his losses exceeded his manual premium pursuant to subparagraph (1).
κ1995 Statutes of Nevada, Page 539 (CHAPTER 293, SB 432)κ
losses exceeded his manual premium pursuant to subparagraph (1).
(b) May include requirements for:
(1) The payment of surcharges by such an employer;
(2) Mandatory retrospective rating plans;
(3) An increase in the amount of the deductible required to be paid by such an employer pursuant to subsection 1 of section 73 of Senate Bill No. 316 of this session;
(4) Changes in the limitations placed on the experience modification plan for such an employer; or
(5) Any combination of subparagraphs (1), (2), (3) and (4). The plan must include procedures for the termination of an employers participation in the plan when the employer has corrected his excessive loss experience. The commissioner shall review the plan adopted pursuant to this subsection.
Sec. 285. NRS 616.028, 616.1703, 616.1705, 616.1707, 616.255, 616.256, 616.345, 616.537, 616.680, 617.180, 617.330, 617.350 and 617.360 , and sections 1142, 1150, 1151 and 1163 of chapter 466, Statutes of Nevada 1993, at pages 1860, 1862, 1863 and 1870, respectively, are hereby repealed.
2. Chapter 265, Statutes of Nevada 1993, at page 802, is hereby amended by adding thereto new sections to be designated as sections 284.3, 284.35 and 284.4, immediately following section 284.2, to read respectively as follows:
Sec. 284.3. Section 31 of chapter 466, Statutes of Nevada 1993, at page 1488, is hereby amended to read as follows:
Sec. 31. NRS 232.550 is hereby amended to read as follows:
232.550 As used in NRS [232.560] 232.550 to 232.700, inclusive, unless the context otherwise requires:
1. [Department means the department of industrial relations.
2.] Administrator means the administrator of the division.
2. Director means the director of the department of [industrial relations.
3.] business and industry.
3. Division means the division of industrial relations of the department of business and industry.
4. Insurer includes the state industrial insurance system and self-insured employers.
Sec. 284.35. Section 1139 of chapter 466, Statutes of Nevada 1993, at page 1859, is hereby amended to read as follows:
Sec. 1139. NRS 616.1925 is hereby amended to read as follows:
616.1925 1. The [director] administrator shall establish a method of indexing claims for compensation that will make information concerning the claimants of one insurer available to other insurers.
κ1995 Statutes of Nevada, Page 540 (CHAPTER 293, SB 432)κ
2. Every self-insured employer and the system shall provide information as required by the [director] administrator for establishing and maintaining the index of claims.
3. If an employee files a claim with an insurer, the insurer is entitled to receive from the [director] administrator a list of the prior claims of the employee. If the insurer desires to inspect the files related to the prior claims, he must obtain the written consent of the employee.
4. Any information obtained from the index of claims must be admitted into evidence in any hearing before an appeals officer, a hearing officer or the administrator.
5. The [department] division may assess and collect a reasonable fee for its services provided pursuant to this section. The fee must be payable monthly or at such other intervals as determined by the [director.] administrator.
Sec. 284.4 Section 1158 of chapter 466, Statutes of Nevada 1993, at page 1867, is hereby amended to read as follows:
Sec. 1158. NRS 616.4261 is hereby amended to read as follows:
616.4261 1. There is hereby established as a trust fund in the state treasury the subsequent injury fund, which may be used only to make payments in accordance with the provisions of NRS 616.427 and [NRS] 616.428. The administrator shall administer the fund.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers compensation.
4. The state treasurer may disburse money from the fund only upon written order of the state controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The [director] administrator must adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by self-insured employers, and must be based upon expected annual expenditures for claims. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund, or any costs associated with the fund.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any self-insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
κ1995 Statutes of Nevada, Page 541 (CHAPTER 293, SB 432)κ
insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
3. Chapter 265, Statutes of Nevada 1993, at page 803, is hereby amended by adding thereto a new section to be designated as section 284.6, immediately following section 284.5, to read as follows:
Sec. 284.6 Section 1159 of chapter 466, Statutes of Nevada 1993, at page 1868, is hereby amended to read as follows:
Sec. 1159. NRS 616.427 is hereby amended to read as follows:
616.427 Except as otherwise provided in NRS 616.428:
1. If an employee of a self-insured employer has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund in accordance with regulations adopted by the administrator.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a permanent physical impairment unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the [department. The department] division. The division shall adopt regulations incorporating the American Medical Associations Guides to the Evaluation of Permanent Impairment by reference and may amend such regulations from time to time as it deems necessary. In adopting the Guides to the Evaluation of Permanent Impairment, the [department] division shall consider the edition most recently published by the American Medical Association.
4. To qualify under this section for reimbursement from the subsequent injury fund, the self-insured employer must establish by written records that the self-insured employer had knowledge of the permanent physical impairment at the time the employee was hired or that the employee was retained in employment after the self-insured employer acquired such knowledge.
κ1995 Statutes of Nevada, Page 542 (CHAPTER 293, SB 432)κ
5. A self-insured employer shall notify the administrator of any possible claim against the subsequent injury fund as soon as practicable, but not later than 100 weeks after the injury or death.
6. The administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury fund. The administrator shall notify the self-insured employer of his decision on such a claim within 90 days after the claim is received.
7. An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.
4. Chapter 265, Statutes of Nevada 1993, at page 805, is hereby amended by adding thereto new sections to be designated as sections 284.8 and 284.9, immediately following section 284.7, to read respectively as follows:
Sec. 284.8 Section 1135 of chapter 466, Statutes of Nevada 1993, at page 1856, is hereby amended to read as follows:
Sec. 1135. NRS 616.182 is hereby amended to read as follows:
616.182 1. Except as otherwise provided in this section, the [department] division shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the [departments] divisions regulations.
2. The commissioner is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers and third-party administrators pursuant to NRS 616.291 to 616.298, inclusive, 616.338 and chapter 683A of NRS.
3. The department of administration is responsible for contested claims relating to workers compensation pursuant to NRS 616.541 to 616.544, inclusive, and section 79 of [this act.] chapter 265, Statutes of Nevada 1993. The system is responsible for administrative appeals pursuant to NRS 616.392.
4. The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.
5. The division is responsible for the investigation of complaints. If a complaint is filed with the division by an employee of a self-insured employer, or by a third-party administrator or provider of medical care regarding compliance of a self-insured employer with statutes or the [departments] divisions regulations, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons.
6. If an investigation conducted pursuant to subsection 5 indicates that a self-insured employer has failed to comply with a statute or regulation, the administrator may order that an evidentiary hearing take place.
κ1995 Statutes of Nevada, Page 543 (CHAPTER 293, SB 432)κ
statute or regulation, the administrator may order that an evidentiary hearing take place. Upon a finding that material noncompliance has occurred, the administrator shall impose a fine of not more than $1,000 against the self-insured employer. Two or more findings of material noncompliance within a 12-month period constitute grounds for the suspension of the self-insured employers certification by the commissioner.
Sec. 284.9. Section 1170 of chapter 466, Statutes of Nevada 1993, at page 1874, is hereby amended to read as follows:
Sec. 1170. NRS 616.647 is hereby amended to read as follows:
616.647 1. Except as otherwise provided in subsection 2, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:
(a) Induced a claimant for compensation to fail to report an accidental injury or occupational disease;
(b) Persuaded a claimant to settle for an amount which is less than reasonable;
(c) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending;
(d) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer or appeals officer;
(e) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer or appeals officer;
(f) Made it necessary for a claimant to resort to proceedings against the employer or insurer for compensation found to be due him by a hearing officer or appeals officer;
(g) Failed to comply with the [departments] divisions regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS; or
(h) Intentionally or repeatedly failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 617 of NRS,
the administrator shall impose an administrative fine of not more than $250 for each initial violation which was not intentional, or a fine of not more than $1,000 for each intentional or repeated violation.
2. In addition to any fine imposed pursuant to subsection 1, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.
3. If the administrator determines that a person has violated any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of [this act,] chapter 265, Statutes of Nevada 1993, the administrator shall impose an administrative fine of not more than $10,000.
κ1995 Statutes of Nevada, Page 544 (CHAPTER 293, SB 432)κ
administrator shall impose an administrative fine of not more than $10,000.
4. Two or more fines of $1,000 imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the revocation of a certificate of self-insurance.
5. The commissioner may withdraw the certification of a self-insured employer if, after a hearing, it is shown that the self-insured employer violated any provision of subsection 1.
Sec. 23. Section 1 of chapter 270, Statutes of Nevada 1993, at page 816, is hereby amended to read as follows:
Section 1. NRS 501.181 is hereby amended to read as follows:
501.181 The commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of [the] this state.
(c) The promotion of uniformity of laws relating to policy matters.
2. Guide the division in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.
(d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the administrator to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
(e) The control of nonresident hunters.
(f) The introduction, transplanting or exporting of wildlife.
(g) Cooperation with federal, state and local agencies on wildlife and boating programs.
(h) The [hunting, fishing or trapping privileges of] revocation of licenses issued pursuant to this Title to any person who is convicted of [two violations of the provisions] a violation of any provision of this Title [within a 5-year period.] or any regulation adopted pursuant thereto.
4. Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:
(a) Regular and special seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping.
κ1995 Statutes of Nevada, Page 545 (CHAPTER 293, SB 432)κ
daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the division, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.
5. Adopt regulations requiring the division to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
6. Adopt regulations:
(a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.
(b) Establishing the method for determining the amount of an assessment and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.
7. Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to section 32 of [this act.] Senate Bill No. 114 of this session.
Sec. 24. Section 5 of chapter 274, Statutes of Nevada 1993, at page 823, is hereby amended to read as follows:
Sec. 5. A person is entitled to immunity under subsection 2 of section 3 of this act only if:
1. In the case of one furnishing advice or assistance, he is qualified by training, education or experience in the handling of hazardous materials and provides advice or assistance within the area of his qualifications; and
2. He was requested to provide the equipment, advice or other assistance by:
(a) The person responsible for the discharge;
(b) The division of emergency management of the department of motor vehicles and public safety;
(c) The division of industrial relations of the department of business and industry;
(d) The division of environmental protection of the state department of conservation and natural resources;
(e) The Nevada highway patrol division of the department of motor vehicles and public safety;
κ1995 Statutes of Nevada, Page 546 (CHAPTER 293, SB 432)κ
(f) The state fire marshal division of the department of motor vehicles and public safety;
(g) The state emergency response commission or a local emergency planning committee appointed by the commission;
(h) A local fire department; or
(i) A local agency for law enforcement.
Sec. 25. Sections 18 and 27 of chapter 288, Statutes of Nevada 1993, at pages 848 and 851, respectively, are hereby amended to read respectively as follows:
Sec. 18. NRS 459.700 is hereby amended to read as follows:
459.700 As used in NRS 459.700 to 459.780, inclusive, section 1 of Assembly Bill No. 126 of this session, section 1 of Assembly Bill No. 117 of this session , [and] section 3 of [this act,] chapter 286, Statutes of Nevada 1993, and sections 2 to 13, inclusive, of this act, unless the context otherwise requires [:
1. Commission means the state emergency response commission.
2. Department means the department of motor vehicles and public safety.
3. Director means the director of the department of motor vehicles and public safety.
4. Division means the Nevada highway patrol division of the department of motor vehicles and public safety.
5. Extremely hazardous material means any material or combination of materials listed in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations.
6. Hazardous material means any substance or combination of substances, including solids, semisolids, liquids or contained gases, which:
(a) Is identified as hazardous by the regulating agency as a result of studies undertaken to identify hazardous materials or wastes; and
(b) Because of its quantity or concentration or its physical, chemical, radioactive or infectious characteristics may:
(1) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or
(2) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management,
including toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.
7. Person includes any agency or political subdivision of this state.] , the words and terms defined in sections 2 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 27. 1. This section and section 25 of this act become effective upon passage and approval.
2. Sections 1 to 17, inclusive, 19 to 24, inclusive, and 26 of this act become effective on October 1, 1993.
3. Section 18 of this act becomes effective at [12:02] 12:03 a.m. on October 1, 1993.
κ1995 Statutes of Nevada, Page 547 (CHAPTER 293, SB 432)κ
Sec. 26. 1. Section 7 of chapter 295, Statutes of Nevada 1993, at page 846, is hereby amended to read as follows:
Sec. 7. NRS 488.285 is hereby amended to read as follows:
488.285 1. Except as otherwise provided in subsection 2:
(a) A person shall not moor any vessel to any buoy or navigational aid placed in any waterway by authority of the United States or any other governmental authority, or in any manner [hang on with] attach a vessel to any such buoy or navigational aid.
[2.] (b) A person shall not place, move, remove, destroy or tamper with any [lawfully placed] buoy or other navigational aid without written authorization from the department of wildlife.
[3.] 2. The provisions of subsection 1 do not apply to mooring buoys.
3. Any person who violates [this section] a provision of subsection 1 shall be punished:
(a) If no injury results from the violation, for a misdemeanor.
(b) If bodily injury or property damage in excess of $200 results from the violation, for a gross misdemeanor.
(c) If a human death results from the violation, 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.
4. Nothing in this section requires an agency of this state or the United States Government to obtain written authorization to place, move, remove, destroy or tamper with [lawfully placed] buoys or navigational aids on navigable waters of this state.
2. Chapter 295, Statutes of Nevada 1993, at page 865, is hereby amended by adding thereto a new section to be designated as section 8.5, immediately following section 8, to read as follows:
Sec. 8.5. Section 523 of chapter 466, Statutes of Nevada 1993, at page 1652, is hereby amended to read as follows:
Sec. 523. NRS 488.285 is hereby amended to read as follows:
488.285 1. Except as otherwise provided in subsection 2:
(a) A person shall not moor any vessel to any buoy or navigational aid placed in any waterway by authority of the United States or any other governmental authority, or in any manner attach a vessel to any such buoy or navigational aid.
(b) A person shall not place, move, remove, destroy or tamper with any buoy or other navigational aid without written authorization from the[department of wildlife.] division of wildlife of the state department of conservation and natural resources.
2. The provisions of subsection 1 do not apply to mooring buoys.
3. Any person who violates a provision of subsection 1 shall be punished:
(a) If no injury results from the violation, for a misdemeanor.
(b) If bodily injury or property damage in excess of $200 results from the violation, for a gross misdemeanor.
(c) If a human death results from the violation, 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 548 (CHAPTER 293, SB 432)κ
years, or by a fine of not more than $5,000, or by both fine and imprisonment.
4. Nothing in this section requires an agency of this state or the United States Government to obtain written authorization to place, move, remove, destroy or tamper with buoys or navigational aids on navigable waters of this state.
Sec. 27. 1. Section 11 of chapter 305, Statutes of Nevada 1993, at page 881, is hereby amended to read as follows:
Sec. 11. NRS 455.060 is hereby amended to read as follows:
455.060 1. If the notice states that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the sheriff or constable shall notify the board of county commissioners of the county, or any member of the board of county commissioners, of its location. Upon receipt of this notice, or of information from the division of minerals of the department of business and industry that there is in the county a dangerous condition resulting from mining practices which took place at a mine that is no longer operating, [in the county] if the information does not identify any person responsible for the dangerous condition, the board shall, as soon as possible thereafter, decide whether it should be so fenced or otherwise guarded as to prevent accidents to persons or animals.
2. All expenses thus incurred must be paid first out of the judgments collected in accordance with the provisions of [this chapter] NRS 455.010 to 455.180, inclusive, in the same manner as other county expenses.
2. Chapter 305, Statutes of Nevada 1993, at page 881, is hereby amended by adding thereto a new section to be designated as section 12, immediately following section 11, to read as follows:
Sec. 12. Section 11 of this act becomes effective at 12:01 a.m. on October 1, 1993.
Sec. 28. Sections 12 and 32 to 37, inclusive, of chapter 307, Statutes of Nevada 1993, at pages 888, 899 and 900, are hereby amended to read respectively as follows:
Sec. 12. NRS 640.160 is hereby amended to read as follows:
640.160 1. The board, after due notice and hearing, and upon any ground enumerated in subsection 2, may take one or more of the following actions:
(a) Refuse to issue a license or temporary license to any applicant.
(b) Refuse to renew the license or temporary license of any person.
(c) Suspend or revoke the license or temporary license of any person.
(d) Place any person who has been issued a license or temporary license on probation.
(e) Impose an administrative fine which does not exceed $5,000 on any person who has been issued a license.
(f) Require any person who has been issued a license to pay all costs incurred by the board relating to the discipline of the person.
2. The board may take action pursuant to subsection 1 if an applicant or person who has been licensed pursuant to this chapter:
κ1995 Statutes of Nevada, Page 549 (CHAPTER 293, SB 432)κ
(a) Is habitually drunk or is addicted to the use of a controlled substance.
(b) Has been convicted of violating any state or federal law relating to controlled substances.
(c) Is, in the judgment of the board, guilty of immoral or unprofessional conduct.
(d) Has been convicted of any crime involving moral turpitude.
(e) Has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675, 616.690 or 616.700, or sections 54 to 57, inclusive, or section 60 of [this act.] chapter 265, Statutes of Nevada 1993.
(f) Is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.
(g) Has obtained or attempted to obtain a license by fraud or material misrepresentation.
(h) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.
(i) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his referral of a patient.
(j) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.
(k) Has had his license to practice physical therapy suspended, revoked or in any way limited by another jurisdiction.
(l) Is determined to be professionally incompetent by the board.
(m) Has violated any provision of this chapter or the boards regulations.
Sec. 32. NRS 555.460 is hereby amended to read as follows:
555.460 Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, or the regulations issued thereunder is guilty of a misdemeanor [.] and, in addition to any criminal penalty, shall pay to the division an administrative fine of not more than $5,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the division.
Sec. 33. NRS 564.150 is hereby amended to read as follows:
564.150 Any person violating any of the provisions of NRS 564.010 to 564.140, inclusive [, shall be] :
1. Is guilty of a misdemeanor, except that any person who violates the provisions of subsection 3 of NRS 564.140 is guilty of a gross misdemeanor.
2. In addition to any criminal penalty, shall pay to the division an administrative fine of not more than $1,000 per violation.
If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the division.
Sec. 34. NRS 565.170 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 550 (CHAPTER 293, SB 432)κ
565.170 Any person, firm or corporation violating any of the provisions of this chapter [shall be] :
1. Is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law.
2. In addition to any criminal penalty, shall pay to the division an administrative fine of not more than $1,000 per violation.
If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the division.
Sec. 35. NRS 566.045 is hereby amended to read as follows:
566.045 Any person who violates any of the provisions of this chapter [shall be] is guilty of a gross misdemeanor [.] and, in addition to any criminal penalty, shall pay to the division an administrative fine of not more than $1,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the division.
Sec. 36. NRS 571.250 is hereby amended to read as follows:
571.250 Any person violating the provisions of NRS 571.120 to 571.240, inclusive, or failing, refusing or neglecting to perform or observe any conditions, orders, rules or regulations prescribed by the state quarantine officer in accordance with the provisions of NRS 571.120 to 571.240, inclusive, is guilty of a misdemeanor [.] and, in addition to any criminal penalty, shall pay to the division an administrative fine of not more than $1,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the division.
Sec. 37. NRS 573.190 is hereby amended to read as follows:
573.190 1. Any person who [shall operate] operates a public livestock auction without a license [, as] required by this chapter, or who [shall violate] violates any of the provisions of this chapter or of any rules or regulations lawfully issued pursuant to law, [shall be] is guilty of a misdemeanor [.] and, in addition to any criminal penalty, shall pay to the division an administrative fine of not more than $1,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the division.
2. Each days operation in which livestock is sold or exchanged at any unlicensed public livestock auction [shall constitute] constitutes a separate offense.
Sec. 29. Section 2 of chapter 314, Statutes of Nevada 1993, at page 910, is hereby amended to read as follows:
Sec. 2. 1. The governor shall designate one or more energy retrofit coordinators for the buildings occupied by the executive branch of government, including, without limitation, the state industrial insurance system, the University and Community College System of Nevada and the public employees retirement system.
2. The supreme court shall designate an energy retrofit coordinator for the buildings occupied by the judicial branch of state government.
κ1995 Statutes of Nevada, Page 551 (CHAPTER 293, SB 432)κ
3. The legislature, by concurrent resolution, shall designate an energy retrofit coordinator for the buildings occupied by the legislative branch of government. If the position becomes vacant at a time when the legislature is not is session, the legislative commission may designate a replacement.
4. The governor shall appoint a person who is trained in the management of facilities to assist the energy retrofit coordinator of the:
(a) Judicial branch of government, upon request of the supreme court.
(b) Legislative branch of government, upon request of the legislative commission.
A person appointed to assist an energy retrofit coordinator pursuant to this subsection shall provide all assistance requested including making recommendations for proposals for retrofitting buildings and any other assistance necessary to enable the coordinator to carry out the provisions of section 3 of this act.
Sec. 30. 1. Sections 1, 6 and 7 of chapter 331, Statutes of Nevada 1993, at pages 934, 936 and 937, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 176.033 is hereby amended to read as follows:
176.033 1. If a sentence of imprisonment is required or permitted by statute, the court shall:
(a) Sentence the defendant to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits prescribed by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant; and
(b) If restitution is appropriate, set an amount of restitution for each victim of the offense [.] and for expenses related to extradition in accordance with NRS 179.225.
2. At any time after a prisoner has been released on parole and has served one-half of the period of his parole, or 10 consecutive years on parole in the case of a prisoner sentenced to life imprisonment, the state board of parole commissioners, upon the recommendation of the division, may petition the court of original jurisdiction requesting a modification of sentence. The board shall give notice of the petition and hearing thereon to the attorney general or district attorney who had jurisdiction in the original proceedings. Upon hearing the recommendation of the state board of parole commissioners and good cause appearing, the court may modify the original sentence by reducing the term of imprisonment but shall not make the term less than the minimum limit prescribed by the applicable penal statute.
Sec. 6. NRS 213.126 is hereby amended to read as follows:
213.126 1. Unless complete restitution was made while the parolee was incarcerated, the board shall impose as a condition of parole, in appropriate circumstances, a requirement that the parolee make restitution to the person or persons named in the statement of parole conditions, including restitution to a governmental entity for expenses related to extradition, at the times specified in the statement unless the board finds that restitution is impracticable.
κ1995 Statutes of Nevada, Page 552 (CHAPTER 293, SB 432)κ
finds that restitution is impracticable. The amount of restitution must be the amount set by the court pursuant to NRS 176.033. In appropriate circumstances, the board shall provide for an assignment of wages earned by the parolee while on parole to the division for restitution.
2. All money received by the division for restitution for:
(a) One victim may; and
(b) More than one victim must,
be deposited in the state treasury for credit to the restitution trust fund which is hereby created.
3. The division shall make pro rata payments from the money received from the parolee to each person to whom the restitution was ordered pursuant to NRS 176.033. Such a payment must be made:
(a) If the money received from the parolee in a single payment is $200 or more or if the total accumulated amount received from the parolee is $200 or more, whenever money is received from the parolee.
(b) If the money received from the parolee in a single payment is less than $200 or if the total accumulated amount received from the parolee is less than $200, at the end of each year until the parolee has paid the entire restitution owed.
Any money received from the parolee that is remaining at the end of each year must be paid at that time in pro rata payments to each person to whom the restitution was ordered. A final pro rata payment must be made to such persons when the parolee pays the entire restitution owed.
4. A person to whom restitution was ordered pursuant to NRS 176.033 may at any time file an application with the division requesting the division to make a pro rata payment from the money received from the parolee. If the division finds that the applicant is suffering a serious financial hardship and is in need of financial assistance, the division shall pay to the applicant his pro rata share of the money received from the parolee.
5. All payments from the fund must be paid as other claims against the state are paid.
6. If restitution is not required, the board shall set forth the circumstances upon which it finds restitution impracticable in its statement of parole conditions.
7. Failure to comply with a restitution requirement imposed by the board is a violation of a condition of parole unless the parolees failure was caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of that hardship.
8. If, within 3 years after the parolee is discharged from parole, the division has not located the person to whom the restitution was ordered, the money paid to the division by the parolee must be deposited in the fund for the compensation of victims of crime.
Sec. 7. NRS 213.153 is hereby amended to read as follows:
213.153. 1. The necessary expenses of returning to the state board of parole commissioners a person arrested for violation of parole are a charge against the state and must be paid from money appropriated to the division. After the appropriation for this purpose is exhausted, money must be allocated to the division out of the reserve for statutory contingency account, upon approval by the state board of examiners, for the payment of these expenses.
κ1995 Statutes of Nevada, Page 553 (CHAPTER 293, SB 432)κ
money must be allocated to the division out of the reserve for statutory contingency account, upon approval by the state board of examiners, for the payment of these expenses.
2. Upon determining that a parolee has violated a condition of his parole, the board shall, if practicable, order the parolee to make restitution for any necessary expenses incurred by a governmental entity in returning him to the board for violation of his parole.
2. Chapter 331, Statutes of Nevada 1993, at page 938, is hereby amended by adding thereto a new section to be designated as section 8, immediately following section 7, to read as follows:
Sec. 8. Sections 1, 6 and 7 of this act become effective at 12:01 a.m. on October 1, 1993.
Sec. 31. Section 1 of chapter 340, Statutes of Nevada 1993, at page 1026, is hereby amended to read as follows:
Section 1. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the division of wildlife of the state department of conservation and natural resources on forms approved by it accompanied by;
(a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from those taxes as provided in NRS 372.320.
(b) Such evidence of ownership as the division of wildlife may require.
The division of wildlife shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.
2. The application must be signed by the owner of the motorboat and must be accompanied by a fee of [$5] $15 for the certificate of ownership and a fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:
Less than 13 feet.......................................................................... $10
13 feet or more but less than 18 feet.......................................... 15
18 feet or more but less than 22 feet.......................................... 30
22 feet or more but less than 26 feet.......................................... 45
26 feet or more but less than 31 feet.......................................... 60
31 feet or more............................................................................... 75
Except as otherwise provided in this subsection, all fees received by the division of wildlife under the provisions of this chapter must be deposited in the wildlife account in the state general fund and may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the division of wildlife shall deposit with the respective county school districts 50 percent of each fee collected according to the motorboats length for every motorboat registered from their respective counties. Upon receipt of the application in approved form, the division of wildlife shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.
κ1995 Statutes of Nevada, Page 554 (CHAPTER 293, SB 432)κ
the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.
3. A certificate of number may be renewed each year by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the motorboat and is equivalent to the fee set forth in the schedule provided in subsection 2. The fee for issuing a duplicate validation decal is $10.
4. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the commission in order that the number may be clearly visible. The number must be maintained in legible condition.
[4.] 5. The certificate of number must be pocket size and must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.
[5.] 6. The commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The fee for each such number [$7.50.] $15.
Sec. 32. Section 1 of chapter 342, Statutes of Nevada 1993, at page 1028, is hereby amended to read as follows:
Section 1. NRS 488.115 is hereby amended to read as follows:
488.115 1. The division of wildlife of the state department of conservation and natural resources may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. If a person accepts the authorization, he may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any regulations of the commission, is valid as if awarded directly by the division of wildlife. At the time an agent forwards the money collected to the division of wildlife he may retain [the amount set by the division of wildlife for awarding certificates of number, which must not exceed 10 percent of the money collected nor more than 25] 50 cents per certificate of number . [in any instance.]
2. All records of the division of wildlife made or kept pursuant to this section are public records.
Sec. 33. Section 55 of chapter 345, Statutes of Nevada 1993, at page 1065, is hereby amended to read as follows:
Sec. 55. NRS 349.015 is hereby amended to read as follows:
349.015 1. Except as otherwise provided in subsection 3, the sample ballot required to be mailed pursuant to NRS 293.565 and the notice of election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The purposes for which the bonds are to be issued.
(d) A disclosure of any:
κ1995 Statutes of Nevada, Page 555 (CHAPTER 293, SB 432)κ
(1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued and its probable effect on the tax rate; and
(2) Requirement relating to the bond question which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.
(e) An estimate of the annual cost to operate, maintain and repair any buildings, structures or other facilities or improvements to be constructed or acquired with the proceeds of the bonds.
(f) The maximum amount of the bonds.
(g) The maximum rate of interest.
(h) The maximum number of years which the bonds are to run.
2. Any election called pursuant to NRS 349.010 to 349.070, inclusive, may be consolidated with a primary or general election.
3. If the election is consolidated with a general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the general election.
Sec. 34. 1. Section 1 of chapter 374, Statutes of Nevada 1993, at page 1190, is hereby amended to read 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 [for resale] 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 must:
(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
(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 [statewide] by the division pursuant to this section.
4. [An owner of land who receives a tag pursuant to this section shall not use the tag himself, but may sell it] 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 [. The tag may be used by the purchaser only on the land of the owner.] ;
κ1995 Statutes of Nevada, Page 556 (CHAPTER 293, SB 432)κ
(b) 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 open season for the species for which the tag is issued.
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 [who has a deer or antelope] 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.
2. Chapter 374, Statutes of Nevada 1993, at page 1191, is hereby amended by adding thereto a new section to be designated as section 3, immediately following section 2, to read as follows:
Sec. 3. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1993.
Sec. 35. Section 1 of chapter 377, Statutes of Nevada 1993, at page 1193, is hereby amended to read as follows:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The administrator shall adopt regulations specifying a schedule of fines which may be imposed, upon notice and hearing, for each violation of the provisions of NRS 555.2605 to 555.460, inclusive. The maximum fine that may be imposed by the administrator for each violation must not exceed $5,000 per day. All fines collected by the administrator pursuant to this subsection must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.
2. The administrator may:
(a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the state board of agriculture suspects may have violated any provision of NRS 555.2605 to 555.460, inclusive.
Sec. 36. Section 6 of chapter 390, Statutes of Nevada 1993, at page 1216, is hereby amended to read as follows:
Sec. 6. NRS 454.00978 is hereby amended to read as follows:
454.00978 Ultimate user means a person who lawfully possesses a dangerous drug for his own use [,] or the use of a member of his household or [the use of any person for whom he is caring, or] for administering to any animal owned by him or by a member of his household. The term includes the guardian of an ultimate user or any other person authorized in a durable power of attorney to act on the behalf of the ultimate user.
κ1995 Statutes of Nevada, Page 557 (CHAPTER 293, SB 432)κ
behalf of the ultimate user. The term does not include a patient in or an employee of a medical facility, as defined in NRS 449.0151, who is not statutorily authorized to administer drugs.
Sec. 37. Section 1 and 2 of chapter 395, Statutes of Nevada 1993, at pages 1233 and 1234, respectively, are hereby amended to read respectively as follows:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court may establish an appropriate treatment program to which it may assign a person pursuant to NRS 453.3363 or 458.300 or it may assign such a person to an appropriate facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress towards completion of the program.
2. A program to which a court assigns a person pursuant to subsection 1 must include:
(a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substances abuse, religious, social service and youth organizations;
(b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and
(c) Alternate courses within the program based on the different substances abused and the addictions of participants.
3. If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program the court must also require frequent urinalysis to determine that the person is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.
4. Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which he is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of his financial resources. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.
Sec. 2. NRS 453.3363 is hereby amended to read as follows:
453.3363 1. If a person who has not previously been convicted [within the past 10 years] of any offense under NRS 453.011 to 453.552, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, nolo contendere or similar plea to a charge [of possession of a controlled substance] under NRS 453.336, 453.411 or 454.351, or is found guilty of [that charge,] one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation [.
κ1995 Statutes of Nevada, Page 558 (CHAPTER 293, SB 432)κ
similar plea to a charge [of possession of a controlled substance] under NRS 453.336, 453.411 or 454.351, or is found guilty of [that charge,] one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation [. Such a program must include frequent urinalysis to determine that the accused is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.] pursuant to section 1 of this act.
2. Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in [paragraph (a) or (d) of subsection 2 of NRS 453.336.] the section under which the accused was charged. Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the division of parole and probation of the department of motor vehicles and public safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.
3. Except as otherwise provided in subsection 4, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.
4. A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.
Sec. 38. Section 1 of chapter 399, Statutes of Nevada 1993, at page 1239, is hereby amended to read as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of regents shall establish a program of student teaching and practicum which requires a division of the system to enter into agreements with the school districts in this state for the assignment of university students for training purposes as student teachers, counselors or trainees in a library.
κ1995 Statutes of Nevada, Page 559 (CHAPTER 293, SB 432)κ
university students for training purposes as student teachers, counselors or trainees in a library.
Sec. 39. Section 5 of chapter 407, Statutes of Nevada 1993, at page 1323, is hereby amended to read as follows:
Sec. 5. 1. The board of county commissioners may provide for the appointment of one or more probation officers and assistant probation officers and such other employees as may be necessary to carry out the duties of the department.
2. Probation officers, assistant probation officers and other employees authorized pursuant to this section are employees of the county, subject to the provisions of the merit personnel system unless exempt pursuant to NRS 245.216, and are local government employees for the purposes of chapter 288 of NRS. Probation officers, assistant probation officers and other employees hired before the effective date of the ordinance establishing the department may be dismissed only for cause.
3. All information obtained in the discharge of duty by a probation officer, assistant probation officer or other employee of the department is privileged and must not be disclosed to any person other than the director of the department, the judges and the employees of the judicial district, such officers, employees and agents of the district court as the judges of the judicial district direct and other persons entitled pursuant to this chapter to receive that information, unless otherwise authorized by the director of the department.
Sec. 40. Sections 2 and 4 of chapter 415, Statutes of Nevada 1993, at pages 1335 and 1336, respectively, are hereby amended to read respectively as follows:
Sec. 2. 1. The peace officers standards and training committee shall:
(a) Require each category I peace officer to complete a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.
(b) Not certify any person as a category I peace officer unless he has completed the program of training required pursuant to paragraph (a).
(c) Establish a program to provide the training required pursuant to paragraph (a).
(d) Adopt regulations necessary to carry out the provisions of this section.
2. As used is this section, category I peace officer means:
(a) Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;
(b) Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;
(c) Marshals, policemen and correctional officers of cities and towns;
(d) Members of the police department of the University and Community College System of Nevada;
(e) Employees of the division of state parks of the state department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in section 12 of chapter 609, Statutes of Nevada 1993;
κ1995 Statutes of Nevada, Page 560 (CHAPTER 293, SB 432)κ
the division who exercise police powers specified in section 12 of chapter 609, Statutes of Nevada 1993;
(f) The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety; and
(g) The personnel of the division of wildlife of the state department of conservation and natural resources who exercise those powers of enforcement conferred by Title 45 and chapter 488 of NRS.
Sec. 4. NRS 481.053 is hereby amended to read as follows:
1. The governor shall appoint the peace officers standards and training committee.
2. The committee consists of seven members, one appointed from Clark County, one from Washoe County, three from any other counties, one from category II peace officers and one from category III peace officers. Members serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.
3. The governor shall make the appointments from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state, category II peace officers and category III peace officers.
4. The committee shall:
(a) Meet at the call of the chairman, who must be elected by the members of the committee.
(b) Provide for and encourage training and education of peace officers in order to improve the system of criminal justice.
(c) Adopt regulations establishing minimum standards for certification and decertification, recruitment, selection and training of peace officers.
(d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.
(e) Carry out the duties required of the committee pursuant to sections 2 and 3 of this act.
5. Regulations adopted by the committee:
(a) Apply to all agencies of the state and of local governments which employ persons as peace officers;
(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and
(c) May require that training be carried on at institutions which it approves in those regulations.
6. The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.
7. As used in this section:
(a) Category II peace officer means [those officers and employees of state and local government described in subsections 1, 2, 4, 6, 8, 9, 10, 12, 13, 14, 17, 18, 20, 21 and 23 to 28, inclusive, of NRS 481.054.] :
κ1995 Statutes of Nevada, Page 561 (CHAPTER 293, SB 432)κ
(1) The bailiff of the supreme court;
(2) The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests;
(3) Constables and their deputies whose official duties require them to carry weapons and make arrests;
(4) Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;
(5) Parole and probation officers;
(6) Special investigators who are employed full time by the office of any district attorney or the attorney general;
(7) Investigators of arson for fire departments who are specially designated by the appointing authority;
(8) The assistant and deputies of the state fire marshal;
(9) The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred in chapter 565 of NRS;
(10) Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
(11) School police officers employed by the board of trustees of any county school district;
(12) Agents of the state gaming control board who exercise the powers of enforcement specified in section 23 of chapter 609, Statutes of Nevada 1993, or NRS 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
(13) Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;
(14) Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;
(15) Legislative police officers of the State of Nevada;
(16) Police officers of the buildings and grounds division of the department of administration;
(17) Parole counselors of the division of child and family services of the department of human resources;
(18) Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada or by a department of family, youth and juvenile services established pursuant to section 4 of chapter 407, Statutes of Nevada 1993, whose official duties require them to enforce court orders on juvenile offenders and make arrests;
(19) Field investigators of the taxicab authority; and
(20) Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.
κ1995 Statutes of Nevada, Page 562 (CHAPTER 293, SB 432)κ
(b) Category III peace officer means peace officers whose authority is limited to correctional services , and includes the [persons described in subsection 15 of NRS 481.054.] superintendents and correctional officers of the department of prisons.
Sec. 41. Sections 9, 9.5 and 15 of chapter 420, Statutes of Nevada 1993, at pages 1356 and 1358, are hereby amended to read respectively as follows:
Sec. 9. NRS 19.033 is hereby amended to read as follows:
19.033 1. In each county, on the commencement of any action for divorce in the district court, the county clerk shall charge and collect, in addition to other fees required by law, a fee of $15. The fee must be paid by the party commencing the action.
2. On or before the first Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to all fees collected by him pursuant to subsection 1, and the county treasurer shall place that amount to the credit of the state general fund. Quarterly, the county treasurer shall remit all money so collected to the state treasurer, who shall place the money in an account in the state general fund for use by the director of the state job training office or, if the office is abolished by executive order, the director of the department of employment, training and rehabilitation to administer the provisions of NRS 388.605 to 388.655, inclusive.
3. The board of county commissioners of any county may impose by ordinance an additional filing fee of not more than [$5] $6 to be paid by the defendant in an action for divorce, annulment or separate maintenance. In a county where this fee has been imposed:
(a) On the appearance of a defendant in the action in the district court, the county clerk, in addition to any other fees provided by law, shall charge and collect from the defendant the prescribed fee to be paid upon the filing of the first paper in the action by the defendant.
(b) On or before the fifth day of each month, the county clerk shall account for and pay to the county treasurer all fees collected during the preceding month pursuant to paragraph (a).
Sec. 9.5. NRS 241.020 is hereby amended to read as follows:
241.020 1. Except as otherwise specifically provided by statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these bodies. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.
2. Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:
(a) The time, place and location of the meeting.
(b) A list of the locations where the notice has been posted.
(c) An agenda consisting of:
(1) A clear and complete statement of the topics scheduled to be considered during the meeting.
κ1995 Statutes of Nevada, Page 563 (CHAPTER 293, SB 432)κ
(2) A list and description of the items to be voted on during the meeting which must be clearly denoted as items on which action will be taken.
(3) A period devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action will be taken pursuant to subparagraph (2).
3. Minimum public notice is:
(a) A copy of the notice posted at the principal office of the public body, or if there is no principal office, at the building in which the meeting is to be held, and at least three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. 3 working days before the meeting; and
(b) Mailing a copy of the notice to any person who has requested notice of the meetings of the body in the same manner in which notice is required to be mailed to a member of the body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with or notation upon the first notice sent. The notice must be delivered to the postal service used by the body not later than 9 a.m. 3 working days before the meeting.
4. Upon any request, a public body shall provide, at no charge, at least one copy of:
(a) An agenda for a public meeting;
(b) A proposed ordinance or regulation which will be discussed at the public meeting; and
(c) Any other supporting material provided to the members of the body for an item on the agenda, except materials:
(1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement;
(2) Pertaining to the closed portion of such a meeting of the public body; or
(3) Declared confidential by law.
5. As used in this section, emergency means an unforeseen circumstance which requires immediate action and includes, but is not limited to:
(a) Disasters caused by fire, flood, earthquake or other natural causes; or
(b) Any impairment of the health and safety of the public.
Sec. 15. Sections 1 , [and] 4, 9 and 9.5 of this act become effective at 12:01 a.m. on October 1, 1993.
Sec. 42. 1. Sections 2 and 3 of chapter 430, Statutes of Nevada 1993, at pages 1378 and 1380, respectively, are hereby amended to read respectively as follows:
Sec. 2. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as otherwise provided in subsection 2, each justice of the peace shall charge and collect the following fees:
κ1995 Statutes of Nevada, Page 564 (CHAPTER 293, SB 432)κ
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000................. $28.00
If the sum claimed exceeds $1,000 but does not exceed [$5,000 35.00]
$2,500......................................................................................... 50.00
If the sum claimed exceeds $2,500 but does not exceed $4,500 100.00
If the sum claimed exceeds $4,500 but does not exceed $6,500 125.00
If the sum claimed exceeds $6,500 but does not exceed $7,500 150.00
In all other civil actions..................................................... 28.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
[If the sum claimed does not exceed $500................... 12.00
If the sum claimed exceeds $500 but does not exceed $1,500 22.00
If the sum claimed exceeds $1,500 but does not exceed $2,500 34.00]
If the sum claimed does not exceed $1,000................... 25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500 45.00
If the sum claimed exceeds $2,500 but does not exceed $3,500 65.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions............................................................... 12.00
For every additional defendant, appearing separately....................... 6.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention .................. 6.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court 6.00
(g) For filing a notice of appeal, and appeal bonds......... 12.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court..................................................................................... 12.00
(i) For preparation and transmittal of transcript and papers on appeal 12.00
(j) For celebrating a marriage and returning the certificate to the county recorder ............................................................................. 35.00
(k) For entering judgment by confession........................... 6.00
κ1995 Statutes of Nevada, Page 565 (CHAPTER 293, SB 432)κ
(l) For preparing any copy of any record, proceeding or paper, for each page .30
(m) For each certificate of the clerk, under the seal of the court 3.00
(n) for searching records or files in his office, for each year.. 1.00
(o) For filing and acting upon each bail or property bond..... 40.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for any pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he must pay to the state treasurer pursuant to subsection 4.
4. The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.
Sec. 3. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as limited by subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed [$5,000.] $7,500.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed [$5,000.] $7,500.
(c) Except as otherwise provided in paragraph (l) in actions for a fine, penalty or forfeiture not exceeding [$5,000.] $7,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$5,000.] $7,500, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed [$5,000.] $7,500.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed [$5,000.] $7,500.
κ1995 Statutes of Nevada, Page 566 (CHAPTER 293, SB 432)κ
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed [$5,000.] $7,500 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed [$5,000.] $7,500 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed [$5,000.] $7,500.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$5,000.] $7,500.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$5,000.] $7,500.
(l) In actions for a fine imposed for a violation of NRS 484.757.
(m) Except in a judicial district that includes a county whose population is 100,000 or more, in any action for the issuance of a temporary or extended order for protection against domestic violence.
(n) In small claims actions under the provisions of chapter 73 of NRS.
(o) In actions to contest the validity of liens on mobile homes or manufactured homes.
(p) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
2. Chapter 430, Statutes of Nevada 1993, at page 1381, is hereby amended by adding thereto new sections to be designated as sections 5 and 6, immediately following section 4, to read respectively as follows:
Sec. 5. Section 5 of chapter 460, Statutes of Nevada 1993, at page 1464, is hereby amended to read as follows:
Sec. 5. NRS 4.060 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 567 (CHAPTER 293, SB 432)κ
4.060 1. Except as otherwise provided in [subsection 2,] this section, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000 28.00
If the sum claimed exceeds $1,000 but does not exceed $2,500.................................................................... 50.00
If the sum claimed exceeds $2,500 but does not exceed $4,500.................................................................... 100.00
If the sum claimed exceeds $4,500 but does not exceed $6,500.................................................................... 125.00
If the sum claimed exceeds $6,500 but does not exceed $7,500.................................................................... 150.00
In all other civil actions................................ 28.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $1,000 25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500.................................................................... 45.00
If the sum claimed exceeds $2,500 but does not exceed $3,500.................................................................... 65.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions................................................... 12.00
For every additional defendant, appearing separately 6.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention.............. 6.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court 6.00
(g) For filing a notice of appeal, and appeal bonds.... 12.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court................................................................. 12.00
(i) For preparation and transmittal of transcript and papers on appeal ..................................................................................... 12.00
(j) For celebrating a marriage and returning the certificate to the county recorder......................................................................... 35.00
(k) For entering judgment by confession...................... 6.00
κ1995 Statutes of Nevada, Page 568 (CHAPTER 293, SB 432)κ
(l) For preparing any copy of any record, proceeding or paper, for each page........................................................................... .30
(m) For each certificate of the clerk, under the seal of the court ............................................................................... 3.00
(n) For searching records or files in his office, for each year 1.00
(o) For filing and acting upon each bail or property bond 40.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.
4. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he [must] is required to pay to the state treasurer pursuant to subsection [4.
4.] 5.
5. The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.
Sec. 6. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1993.
Sec. 43. Sections 6, 13, 15 and 19 of chapter 433, Statutes of Nevada 1993, at pages 1387, 1392, 1393 and 1396, respectively, are hereby amended to read respectively as follows:
Sec. 6 NRS 482.270 is hereby amended to read as follows:
482.270 1. Except as otherwise provided in NRS 482.3775 [and 482.379 and] , 482.379 or 482.384, or section 1 of [this act,] chapter 417, Statutes of Nevada 1993, the director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.
2. The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When property mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
3. Every license plate must have displayed upon it:
κ1995 Statutes of Nevada, Page 569 (CHAPTER 293, SB 432)κ
(a) The registration number , [(] or combination of letters and numbers , [)] assigned to the vehicle and to the owner thereof;
(b) The name of the state, which may be abbreviated;
(c) If issued for a calendar year, the year; and
(d) If issued for a registration period other than a calendar year, the month and year the registration expires.
4. The letters I and Q must not be used in the designation.
5. Except as otherwise provided by NRS 482.379, all letters and numbers must be of the same size.
Sec. 13. NRS 484.013 is hereby amended to read as follows:
484.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.0135 to 484.217, inclusive, [and] sections 2 and 3 of [this act and] chapter 618, Statutes of Nevada 1993, section 2 of [this act] chapter 439, Statutes of Nevada 1993, and section 12 of this act, have the meanings ascribed to them in those sections.
Sec. 15. NRS 484.408 is hereby amended to read as follows:
484.408 1. Any parking space designated for the handicapped must be indicated by a sign:
(a) Bearing the international symbol of [accessibility] access with or without the words Parking, Handicapped Parking, Handicapped Parking Only, or Reserved for the Handicapped, or any other word or combination of words indicating that the space is designated for the handicapped;
(b) Stating Minimum fine of $100 for use by others or equivalent words; and
(c) The bottom of which must be not less than 4 feet above the ground.
2. A person shall not park a vehicle in a space designated for the handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:
(a) Special license plates [for a handicapped person;] issued pursuant to NRS 482.384;
(b) A special or temporary parking [permit for a handicapped person;
(c) An officially recognized emblem issued by this state or another jurisdiction indicating that the driver or a passenger in the vehicle is eligible;] placard issued pursuant to NRS 482.384;
(c) Special license plates or a special or temporary parking placard displaying the international symbol of access issued by another state or a foreign country; or
(d) Special license plates for a disabled veteran and a special parking [permit] placard issued pursuant to NRS 482.384.
3. A person shall not use such a plate [, permit or emblem] or placard for a vehicle [for the purpose of parking] to park in a space designated for the handicapped unless he is [handicapped,] a person with a disability which limits or impairs the ability to walk, a disabled veteran or [is] the driver of a vehicle in which such a [handicapped person or a disabled veteran] person is a passenger.
κ1995 Statutes of Nevada, Page 570 (CHAPTER 293, SB 432)κ
4. Any person who violates any provision of this section shall be punished.
(a) Upon the first offense by a fine of $100.
(b) Upon the second offense by a fine of $250.
(c) Upon the third or subsequent offense by a fine of not less than $250 nor more than $1,000.
Sec. 19. 1. [Section] Sections 6, 13 and 16 of this act [becomes] become effective at 12:01 a.m. on October 1, 1993.
2. Section 11 of this act becomes effective at 12:02 a.m. on October 1, 1993.
Sec. 44. Sections 10, 25 and 30 of chapter 437, Statutes of Nevada 1993, at pages 1406, 1411 and 1413, respectively, are hereby amended to read respectively as follows:
Sec. 10. NRS 656.200 is hereby amended to read as follows:
656.200 1. To renew a certificate of registration a [shorthand] court reporter must:
(a) Apply to the board for renewal;
(b) Pay the annual renewal fee prescribed by the board; and
(c) Submit evidence to the board of his completion of the requirements for continuing education established by the board.
2. The board shall adopt regulations requiring [shorthand] court reporters to participate in continuing education or training as a prerequisite to the renewal or restoration of a certificate. If a [shorthand] court reporter fails to comply with the requirements, the board may suspend or revoke his certificate.
3. The failure of any [shorthand] court reporter to pay in advance the annual renewal fee which may be fixed by the board as necessary to defray the expense of administering the provisions of this chapter results in the suspension of the reporters right to engage in the practice of [shorthand] court reporting. The suspension must not be terminated until all delinquent fees have been paid.
4. A [shorthand] court reporter whose certificate of registration has been suspended because of his failure to pay the renewal fee:
(a) May within 2 years thereafter have his certificate reinstated without examination upon payment of the fees set forth in subsection 5 of NRS 656.220.
(b) While he was on active military duty or in training before induction, may have his certificate renewed without payment of any fee if he files an application for renewal and an affidavit of such service with the board within 2 years after the termination of the service.
Sec. 25. NRS 171.198 is hereby amended to read as follows:
171.198 1. The magistrate shall employ a certified [shorthand] court reporter to take down all the testimony and the proceedings on the hearing or examination, and within such time as the court may designate have such testimony and proceedings transcribed into typewritten transcript.
2. When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the transcript in the same manner as for a transcript of testimony in the district court, which certificate authenticates the transcript for all purposes of this Title.
κ1995 Statutes of Nevada, Page 571 (CHAPTER 293, SB 432)κ
manner as for a transcript of testimony in the district court, which certificate authenticates the transcript for all purposes of this Title.
3. Before the date set for trial, either party may move the court before which the case is pending to add to, delete from, or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered.
4. The compensation for the services of a reporter employed as provided in this section are the same as provided in NRS 3.370, to be paid out of the county treasury as other claims against the county are allowed and paid.
5. Testimony reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of his county, and if the prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. A copy of the transcript must be furnished to the defendant and to the district attorney.
6. The testimony so taken may be used:
(a) By the defendant; or
(b) By the state if the defendant was represented by counsel or affirmatively waived his right to counsel,
upon the trial of the cause, and in all proceedings therein, when the witness is sick, out of the state, dead, or persistent in refusing to testify despite an order of the judge to do so, or when his personal attendance cannot be had in court.
Sec. 30. [Section] Sections 10 and 25 of this act [becomes] become effective at 12:01 a.m. on October 1, 1993.
Sec. 45. 1. Section 1 of chapter 440, Statutes of Nevada 1993, at page 1416, is hereby amended to read as follows:
Section 1. NRS 396.325 is hereby amended to read as follows:
396.325 1. The board of regents may:
(a) Create a police department for the system and appoint one or more persons to be members of the department; and
(b) [In a county whose population is less than 400,000, authorize ] Authorize the department to enter into interlocal agreements pursuant to chapter 277 of NRS with other law enforcement agencies to provide for the rendering of mutual aid.
2. Persons employed and compensated as members of the department, when so appointed and duly sworn, are peace officers, but may exercise their powers or authority only:
(a) Upon the campuses of the system, including that area to the center line of public streets adjacent to a campus;
(b) When in hot pursuit of a violator leaving such a campus or area;
(c) In or about other grounds or properties of the system; or
(d) In accordance with interlocal agreements entered into with other law enforcement agencies pursuant to subsection 3.
3. An interlocal agreement between the police department for the system and other law enforcement agencies may allow peace officers of the department to exercise their powers or authority:
κ1995 Statutes of Nevada, Page 572 (CHAPTER 293, SB 432)κ
(a) On any public street that is adjacent to property owned by the system.
(b) On any property that is consistently used by an organization whose recognition by the system is a necessary condition for its continued operation.
(c) On any property that is rented or leased by the system for an event that is approved by the system.
(d) For mutual assistance specifically agreed upon with the other law enforcement agencies that are parties to the interlocal agreement.
2. Chapter 440, Statutes of Nevada 1993, at page 1416, is hereby amended by adding thereto a new section to be designated as section 1.5, immediately following section 1, to read as follows:
Sec. 1.5. Section 41 of chapter 609, Statutes of Nevada 1993, at page 2531, is hereby amended to read as follows:
Sec. 41. NRS 396.325 is hereby amended to read as follows:
396.325 [1.] The board of regents may:
[(a)] 1. Create a police department for the system and appoint one or more persons to be members of the department; and
[(b)] 2. Authorize the department to enter into interlocal agreements pursuant to chapter 277 of NRS with other law enforcement agencies to provide for the rendering of mutual aid.
[2. Persons employed and compensated as members of the department, when so appointed and duly sworn, are peace officers, but may exercise their powers or authority only:
(a) Upon the campuses of the system, including that area to the center line of public streets adjacent to a campus;
(b) When in hot pursuit of a violator leaving such a campus or area;
(c) In or about other grounds or properties of the system; or
(d) In accordance with interlocal agreements entered into with other law enforcement agencies pursuant to subsection 3.
3. An interlocal agreement between the police department for the system and other law enforcement agencies may allow peace officers of the department to exercise their powers or authority:
(a) On any public street that is adjacent to property owned by the system.
(b) On any property that is consistently used by an organization whose recognition by the system is a necessary condition for its continued operation.
(c) On any property that is rented or leased by the system for an event that is approved by the system.
(d) For mutual assistance specifically agreed upon with the other law enforcement agencies that are parties to the interlocal agreement.]
Sec. 46. 1. Sections 1, 2 and 3 of chapter 444, Statutes of Nevada 1993, at pages 1423 and 1424, are hereby amended to read respectively as follows:
Section 1. NRS 377A.020 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 573 (CHAPTER 293, SB 432)κ
377A.020 1. The board of county commissioners of any county may enact an ordinance imposing a tax for public mass transportation and construction of public roads pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.
2. An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general election. A county may combine the questions for mass transportation and public roads with questions submitted pursuant to NRS 244.3351, 278.710, 365.203 or 371.045, or any combination thereof. The board shall also submit to the voters at a general election any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax.
3. Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed [,] or on which an increase in the rate of the tax becomes effective, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.
Sec. 2. NRS 377A.030 is hereby amended to read as follows:
377A.030 Except as otherwise provided in NRS 377A.110 and section 5 of [this act,] chapter 426, Statutes of Nevada 1993, any ordinance enacted under this chapter must include provisions in substance as follows:
1. A provision imposing a tax upon retailers at the rate of not more than :
(a) For a tax to promote tourism, one-quarter of 1 percent ; or
(b) For a tax for public mass transportation and construction of public roads, one-half of 1 percent,
of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.
2. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
3. A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of an ordinance imposing the tax for public mass transportation and construction of public roads or the tax to promote tourism in the county.
4. A provision that the county shall contract before the effective date of the ordinance with the department to perform all functions incident to the administration or operation of the tax in the county.
5. A provision that exempts from the tax or any increase in the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.
κ1995 Statutes of Nevada, Page 574 (CHAPTER 293, SB 432)κ
the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.
Sec. 3. (Deleted by amendment.)
the interlocal agreement.
2. Chapter 444, Statutes of Nevada 1993, at page 1425, is hereby amended by adding thereto a new section to be designated as section 4, immediately following section 3, to read as follows:
Sec. 4 Section 70 of chapter 345, Statutes of Nevada 1993, at page 1074, and section 101 of chapter 649, Statutes of Nevada 1993, at page 2826, are hereby repealed.
Sec. 47. Sections 1 and 3 of chapter 447, Statutes of Nevada 1993, at pages 1430 and 1431, respectively, are hereby amended to read respectively as follows:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, each school district shall separately account for all money received for the instruction of and the provision of related services to pupils with disabilities and gifted and talented pupils described by NRS 388.520.
2. The separate accounting must include:
(a) The amount of money provided to the school district for special education for basic support;
(b) Transfers of money from the school districts general fund needed to balance the special revenue fund; and
(c) The cost of:
(1) Instruction provided by licensed special education teachers and supporting staff;
(2) Related services, including, but not limited to, services provided by psychologists, therapists, and health-related personnel;
(3) Transportation of the pupils with disabilities and gifted and talented pupils to and from school;
(4) The direct supervision of educational and supporting programs; and
(5) The supplies and equipment needed for providing special education.
3. Money received from federal sources must be:
(a) Accounted for separately; and
(b) Excluded from the accounting required pursuant to this section.
Sec. 3. NRS 387.303 is hereby amended to read as follows:
387.303 1. Not later than November 15 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction a report which includes the following information:
(a) For each fund within the school district, including [,] without limitation, the school districts general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions.
κ1995 Statutes of Nevada, Page 575 (CHAPTER 293, SB 432)κ
part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school districts final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.
(c) The average daily attendance for the preceding school year and the estimated average daily attendance for the current school year of part-time pupils enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma.
(d) The school districts actual expenditures in the fiscal year immediately preceding the report.
(e) The school districts proposed expenditures for the current fiscal year.
(f) The salary schedule for licensed employees in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the board of trustees shall submit a supplemental report to the superintendent upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the salary schedule agreed to or required by the arbitrator.
(g) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(h) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.
(i) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay, and the number of employees receiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.
3. The superintendent shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.
Sec. 48. 1. Sections 1 and 2 of chapter 448, Statutes of Nevada 1993, at pages 1437 and 1439, respectively, are hereby amended to read respectively as follows:
Section 1. (Deleted by amendment.)
Sec. 2. Section 7 of Assembly Bill No. 407 of this session is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 576 (CHAPTER 293, SB 432)κ
Sec. 7. This act becomes effective on March 1, 1995, and expires by limitation on [March 1, 2015.] May 1, 2013.
2. Chapter 448, Statutes of Nevada 1993, at page 1439, is hereby amended by adding thereto new section to be designated as section 2.5, immediately following section 2, to read respectively as follows:
Sec. 2.5. Section 8 of chapter 514, Statutes of Nevada 1993, at page 2135 is hereby repealed.
Sec. 49. Section 1 of chapter 453, Statutes of Nevada 1993, at page 1443, is hereby amended to read as follows:
Section 1. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection 6, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having security for payment of liabilities arising from maintenance or use of the vehicle as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of current insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.
(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.
2. A person shall not operate the motor vehicle of another unless:
(a) He first ensures that the required evidence of current proof of financial responsibility is present in the motor vehicle; or
(b) He has his own proof of financial responsibility which covers him as the operator of the motor vehicle.
3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the required proof of financial responsibility is obtained not later than 30 days after the fine is imposed.
4. A [person may not be fined] court:
(a) Shall not fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the proof of financial responsibility required by NRS 485.185 was in effect at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a fine of $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the fine on the condition that the person presents proof to the court each month for 12 months that the security required by NRS 485.185 is currently in effect.
5. Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.
6. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to NRS 482.3212, 482, 396, 482.423 or 482.424 or section 1 of [this act] chapter 97, Statutes of Nevada 1993, authorizing the movement or operation of that vehicle within the state for a limited time.
κ1995 Statutes of Nevada, Page 577 (CHAPTER 293, SB 432)κ
482.424 or section 1 of [this act] chapter 97, Statutes of Nevada 1993, authorizing the movement or operation of that vehicle within the state for a limited time.
Sec. 50. Section 2 of chapter 455, Statutes of Nevada 1993, at page 1445, is hereby amended to read as follows:
Sec. 2. NRS 484.323 is hereby amended to read as follows:
484.323 Upon the immediate approach of an authorized emergency vehicle or an official vehicle of a regulatory agency, making use of [audible and visual signals] flashing lights meeting the requirements of subsection 3 of NRS 484.787, [or of a police vehicle lawfully making use of an audible signal only,] the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle [,] or official vehicle [or police vehicle] has passed, except when otherwise directed by a police officer.
Sec. 51. Section 1 of chapter 456, Statutes of Nevada 1993, at page 1446, is hereby amended to read as follows:
Section 1. NRS 680B.027 is hereby amended to read as follows:
680B.027 1. Except as otherwise provided in NRS 680B.033, for the privilege of transacting business in this state, each insurer shall pay to the department of taxation a tax upon his net direct premiums and net direct considerations written at the rate of 3.5 percent.
2. The tax must be paid at the same time the report required by NRS 680B.030 is filed.
3. On or before March 1 of each year, each insurer who pursuant to subsection 1, paid or is required to pay a tax of at least $2,000 on net premiums and net direct considerations written during the preceding calendar year, shall pay to the department of taxation a prepayment of the tax imposed by subsection 1 in an amount equal to at least 50 percent of the tax he estimates he will owe pursuant to subsection 1 for that calendar year. The remainder of the prepayment of the estimated tax must be made on or before June 15 of that calendar year. The total of the prepayments must not be less than the actual tax pursuant to subsection 1 for the preceding calendar year. The department of taxation shall accept a subsequent prepayment of the estimated tax from an insurer if the insurer files with the department of taxation a statement under oath setting forth the facts requiring the additional payment.
4. If an overpayment of the insurers actual tax liability results from his prepayment of the tax pursuant to subsection 3 in the preceding year, the insurer shall apply the overpayment to the prepayment due pursuant to subsection 3 in succeeding years until the overpayment has been extinguished.
5. Except as otherwise provided in subsection 7, if the prepayment made pursuant to subsection 3 is less than 85 percent of the tax that was actually owed by the insurer for the calendar year in which the prepayment was made, the insurer shall pay to the department of taxation:
(a) A penalty in an amount equal to 5 percent of the underpayment; and
κ1995 Statutes of Nevada, Page 578 (CHAPTER 293, SB 432)κ
(b) An administrative fine of $2,000.
6. Except as otherwise provided in subsection 7 and in addition to the penalty and fine provided by subsection 5:
(a) An insurer whose prepayment is less than 85 percent of the tax that was actually owed by the insurer for the calendar year in which the prepayment was made shall pay interest on the difference between the total amount of the prepayment and 85 percent of the amount actually owed at the rate of 1.5 percent per month, or fraction of a month, from the March 1 on which the initial prepayment became due until the date of payment.
(b) An insurer who does not make a prepayment required by subsection 3 when due shall pay interest at the rate of 1.5 percent per month, or fraction of a month, on the amount of the prepayment owed from the date on which the prepayment became due until the date of payment.
(c) An insurer who does not make any payment of the tax imposed pursuant to this section when due shall pay interest at the rate of 1.5 percent per month, or fraction of a month, on the amount owed from the date on which the payment became due until the date of payment.
7. The executive director of the department of taxation may, for good cause shown, waive or reduce the penalty, fine or interest imposed by subsection 5 or 6. Any insurer seeking relief from the penalty, fine or interest must file with the department of taxation a statement under oath setting forth the facts upon which he bases his claim for relief.
8. The commissioner or the executive director of the department of taxation may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
9. A newly admitted insurer who receives a certificate of authority after January 1 from the commissioner is not required to make a prepayment of the premium tax pursuant to subsection 3 for the year in which he is admitted. The tax for the insurers first calendar year must be paid at the time that the report required by NRS 680B.030 is filed.
Sec. 52. Section 23 of chapter 459, Statutes of Nevada 1993, at page 1457, is hereby amended to read as follows:
Sec. 23. Except as otherwise provided by specific statute, the state land registrar shall charge for the issuance of:
1. A permit for:
(a) The commercial use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of $1,000 per year.
(b) The multiple residential use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of $400 per year.
(c) The single residential use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of $250 per year.
(d) Any other use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of $500 per year.
2. A permit for:
(a) The commercial use:
κ1995 Statutes of Nevada, Page 579 (CHAPTER 293, SB 432)κ
(1) Of a boat-fueling facility, boat hoist, boat ramp, boat slip, floating dock or platform, mooring buoy or swim line, or a similar device or structure in or on a navigable body of water, a fee of $250 per year.
(2) On a navigable body of water of:
(I) A motorized vessel held for short-term lease, a fee of $250 per year.
(II) A nonmotorized vessel held for short-term lease, a fee of $25 per year.
(b) Any other use:
(1) Of a boat-fueling facility, boat hoist, boat ramp, boat slip, floating dock or platform, mooring buoy or swim line, or a similar device or structure in or on a navigable body of water, a fee of $150 per year.
(2) On a navigable body of water of a motorized vessel held for short-term lease, a fee of $150 per year. Except as otherwise provided in paragraph (a) of this subsection, the state land registrar shall not charge a fee for the issuance of a permit for any use on a navigable body of water of a nonmotorized vessel held for short-term lease.
Sec. 53. 1. Sections 21, 30, 41, 50, 78, 108, 155, 162, 198, 199, 200, 210, 218, 230, 235, 258, 260, 270, 280, 291, 292, 293, 309, 315, 332, 342, 361, 367, 368, 429, 453, 465, 477, 491, 496, 497, 550, 565, 568, 582, 593, 629, 635, 674, 697, 739, 777, 824, 826, 830, 831, 871, 901, 904, 918, 930, 1003, 1006, 1039, 1054, 1057, 1093, 1130, 1134, 1138, 1153, 1155, 1157, 1160, 1162, 1165, 1166, 1167, 1173, 1177, 1178, 1186, 1191, 1216, 1218, 1243, 1265, 1279, 1281, 1306 and 1312 of chapter 466, Statutes of Nevada 1993, at pages 1484, 1487, 1491, 1493, 1501, 1511, 1528, 1531, 1541, 1542, 1545, 1550, 1555, 1557, 1565, 1566, 1569, 1571, 1574, 1575, 1580, 1581, 1587, 1590, 1594, 1597, 1614, 1623, 1627, 1635, 1639, 1641, 1642, 1659, 1664, 1665, 1670, 1674, 1683, 1686, 1702, 1709, 1721, 1729, 1744, 1745, 1761, 1773, 1774, 1777, 1780, 1801, 1802, 1811, 1819, 1822, 1842, 1855, 1856, 1858, 1863, 1865, 1867, 1869 to 1872, inclusive, 1876, 1877, 1879, 1881, 1882, 1890, 1897, 1906, 1916, 1917, 1927 and 1928, are hereby amended to read respectively as follows:
Sec. 21. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the [risk] :
(a) Risk management division [.] ;
(b) Buildings and grounds division;
(c) Purchasing division;
(d) State printing and micrographics division;
(e) Administrative services division; and
(f) Motor pool division if separately established.
2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.
3. Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers. The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.
κ1995 Statutes of Nevada, Page 580 (CHAPTER 293, SB 432)κ
4. Shall serve as chairman of the state public works board.
5. Is responsible for the administration, through the divisions of the department, of the provisions of [NRS 331.182 to 331.186, inclusive,] chapters 331, 333, 336 and 344 of NRS, NRS 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
6. Is responsible for the administration of the laws of this state relating to the negotiation and procurement of medical services and other benefits for state agencies.
7. Has such other powers and duties as are provided by law.
Sec. 30. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the director:
(a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
(1) The administrator of the aging services division;
(2) The administrator of the health division;
(3) [The administrator of the rehabilitation division
(4)] The state welfare administrator; and
[(5)] (4) The administrator of the division of child and family services.
(b) Shall administer, through the divisions of the department, the provisions of chapters 210, 423 [to 427A, inclusive,] , 424, 425, 427A, 432A to 436, inclusive, 439 to 442, inclusive, 446, 447, 449 [, 450, 458 and 615] and 450 of NRS, NRS 127.220 to 127.310, inclusive, 422.070 to 422.410, inclusive, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445.015 to 445.038, inclusive, sections 12, 67 to 76, inclusive, and 102 to 136, inclusive, of [this act,] chapter 640, Statutes of Nevada 1993, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;
(4) Identify the sources of funding for services provided by the department and the allocation of that funding;
κ1995 Statutes of Nevada, Page 581 (CHAPTER 293, SB 432)κ
(5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.
(d) [Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.
(e)] May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
[(f)] (e) Has such other powers and duties as are provided by law.
2. The governor shall appoint the administrator of the mental hygiene and mental retardation division.
Sec. 41. NRS 232.680 is hereby amended to read as follows:
232.680 1. The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the [department, its various divisions,] division, a full-time employee of the legislative counsel bureau and the fraud control unit for industrial insurance established pursuant to section 237 of [this act,] chapter 265, Statutes of Nevada 1993, must be paid from assessments payable by each:
(a) Insurer based upon expected annual expenditures for claims; and
(b) Employer who provides accident benefits for injured employees pursuant to NRS 616.415, based upon his expected annual expenses of providing those benefits.
The [department] division shall adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers and employers who provide accident benefits for injured employees.
2. Federal grants may partially defray the costs of the [divisions.] division.
3. Assessments made against insurers by the [department] division after the adoption of regulations must be used to defray all costs and expenses of administering the program of workmens compensation, including the payment of:
(a) All salaries and other expenses in administering the division , [of industrial insurance regulation, the division of administrative services, the division of enforcement for industrial safety and health, the division of preventative safety and the division of mine inspection,] including the costs of the office and staff of the [director.] administrator.
κ1995 Statutes of Nevada, Page 582 (CHAPTER 293, SB 432)κ
(b) All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.
(c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.
(d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to section 237 of [this act.] chapter 265, Statutes of Nevada 1993.
(e) Claims against uninsured employers arising from compliance with NRS 616.377 and 617.275.
Sec. 50. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The [department] office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The state board of parole commissioners.
(h) The welfare division of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
(j) Except as otherwise provided in NRS 533.365, the office of the state engineer.
2. Except as otherwise provided in section 3 of [this act,] chapter 294, Statutes of Nevada 1993, the department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.
4. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security [department;] 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.
κ1995 Statutes of Nevada, Page 583 (CHAPTER 293, SB 432)κ
5. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
6. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
Sec. 78. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, section 15 of Assembly Bill No. 157 of this session, subsection 4 [of this section] and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, subsection 4 [of this section] and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this section against the State of Nevada or any political subdivision of the state. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the state whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon the secretary of state and the person serving in the office of administrative head of the named agency.
3. Upon receipt of such a complaint, the secretary of state shall deliver a copy of the complaint to the [risk management division of the department of administration.] attorney general.
4. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
Sec. 108. NRS 171.17751 is hereby amended to read as follows:
171.17751 1. Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers, traffic engineers, and marshals and park rangers of units of specialized law enforcement established pursuant to section 1 of [this act,] chapter 607, Statutes of Nevada 1993, to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.
κ1995 Statutes of Nevada, Page 584 (CHAPTER 293, SB 432)κ
inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers, traffic engineers, and marshals and park rangers of units of specialized law enforcement established pursuant to section 1 of [this act,] chapter 607, Statutes of Nevada 1993, to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.
2. The state health officer and the health officer of each county, district and city may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.
3. The chief of the manufactured housing division of the department of [commerce] business and industry may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.
4. The state contractors board may designate certain of its employees to prepare, sign and serve written citations on persons accused of violating NRS 624.230.
5. An employee designated pursuant to this section:
(a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;
(b) May, if he is employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and
(c) Shall comply with the provisions of NRS 171.1773.
Sec. 155. NRS 213.15193 is hereby amended to read as follows:
213.15193 1. The chief [parole and probation officer] may order the residential confinement of a parolee if he believes that the parolee poses no danger to the community and will appear at a scheduled inquiry or hearing.
2. In ordering the residential confinement of a parolee, the chief [parole and probation officer] shall:
(a) Require the parolee to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the [department;] division; and
(b) Require intensive supervision of the parolee, including unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his confinement.
3. An electronic device approved by the [department of parole and probation] division may be used to supervise a parolee who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the parolees presence at his residence, including the transmission of still visual images which do not concern the parolees activities while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
κ1995 Statutes of Nevada, Page 585 (CHAPTER 293, SB 432)κ
(b) Information concerning the parolees activities while inside his residence,
must not be used.
4. The chief [parole and probation officer] shall not order a parolee to be placed in residential confinement unless the parolee agrees to the order.
5. Any residential confinement must not extend beyond the unexpired term of the parolees original sentence.
Sec. 162. NRS 213.410 is hereby amended to read as follows:
213.410 1. Whenever it is alleged that an offender has escaped or otherwise violated the terms or conditions of his residential confinement, the [department of parole and probation] division shall conduct an inquiry to determine whether the offender has committed acts that would constitute such an escape or violation.
2. An offender may be returned to the custody of the department of prisons pending the completion of the inquiry conducted by the [department of parole and probation] division pursuant to the provisions of this section.
3. The inquiry must be conducted before an inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of the escape or violation; and
(c) Has not recommended the return of the offender to the custody of the department of prisons.
4. The inquiring officer shall:
(a) Provide the offender with notice of the inquiry and of the acts alleged to constitute his escape or violation of a term or condition of his residential confinement, and with an opportunity to be heard on the matter.
(b) Upon completion of the inquiry, submit to the chief parole and probation officer his findings and recommendation regarding the disposition of the custody of the offender.
5. After considering the findings and recommendation of the inquiring officer, the chief parole and probation officer shall determine the disposition of the custody of the offender. The decision of the chief parole and probation officer is final.
6. Before a final determination is made to return an offender to the custody of the department of prisons, the [department of parole and probation] division shall provide the offender with a copy of the findings of the inquiring officer.
Sec. 198. NRS 242.111 is hereby amended to read as follows:
242.111 The director shall adopt regulations necessary for the administration of this chapter, including:
1. The policy for [data processing] the information systems of the executive branch of government, excluding the University and Community College System of Nevada and the Nevada criminal justice information computer [operated by the Nevada highway patrol division of the department of motor vehicles and public safety,] system, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for selection, location and use of [data processing equipment,] information systems in order that the [data processing needs] requirements of state agencies and officers may be met at the least cost to the state;
κ1995 Statutes of Nevada, Page 586 (CHAPTER 293, SB 432)κ
processing equipment,] information systems in order that the [data processing needs] requirements of state agencies and officers may be met at the least cost to the state;
2. The departments procedures in [performing data processing,] providing information services, which may include provision for the performance, by any agency which uses the services or equipment of the department, of preliminary procedures, such as data recording and verification, within the agency;
3. The effective administration of the division of facility management, including security to prevent unauthorized access to [data] information systems and plans for the recovery of systems and applications after they have been disrupted; and
4. Specifications and standards for the employment of all personnel of the department.
Sec. 199 NRS 242.115 is hereby amended to read as follows:
242.115 1. Except as otherwise provided in subsection 2, the division of planning and research of the department [of data processing] shall:
(a) Develop policies and standards for the [data processing requirements] information systems of the executive branch of government;
(b) Coordinate the development of a biennial state plan for the [data processing requirements] information systems of the executive branch of government;
(c) Develop guidelines to assist state agencies in the development of short- and long-term plans for their [data processing requirements;] information systems;
(d) Develop guidelines and procedures for the procurement [of data processing equipment, maintenance of that equipment, procurement of software used with that equipment and programming for the data processing requirements] and maintenance of the information systems of the executive branch of government;
(e) Develop standards to ensure the security of [equipment and information used in data processing activities of the executive branch of government;
(f) Develop guidelines, procedures and specifications for the procurement of hardware and software for personal computers and the maintenance of that equipment for the data processing requirements of the executive branch of government; and
(g)] the information systems of the executive branch of government; and
(f) Perform other planning and research functions at the direction of the director.
2. This section does not apply to the University and Community College System of Nevada or the Nevada criminal justice information computer [operated by the Nevada highway patrol division of the department of motor vehicles and public safety.] system used to provide support for the operations of law enforcement agencies in this state.
Sec. 200. NRS 242.131 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 587 (CHAPTER 293, SB 432)κ
242.131 1. The department shall provide state agencies and elected state officers with all of their required design of information systems . [, programming and use of equipment for data processing, and all] All agencies and officers must use those services and equipment, except as otherwise provided in subsection 2.
2. The following agencies may negotiate with the department for its services or the use of its equipment, subject to the provisions of this chapter, and the department shall provide such services and the use of such equipment as may be mutually agreed:
(a) Court administrator;
(b) Department of motor vehicles and public safety;
(c) Department of transportation;
(d) Employment security [department;] division of the department of employment, training and rehabilitation;
(e) Legislative counsel bureau;
(f) State industrial insurance system;
(g) State controller;
(h) State gaming control board and Nevada gaming commission; and
(i) [Department of wildlife; and
(j)] University and Community College System of Nevada.
3. Any state agency or elected state officer who uses the services of the department and desires to withdraw substantially from that use must apply to the director for approval. The application must set forth justification for the withdrawal. If the director denies the application, the agency or officer must:
(a) If the legislature is in regular or special session, obtain the approval of the legislature by concurrent resolution.
(b) If the legislature is not in regular or special session, obtain the approval of the interim finance committee. The director shall, within 45 days after receipt of the application, forward the application together with his recommendation for approval or denial to the interim finance committee. The interim finance committee has 45 days after the application and recommendation are submitted to its secretary within which to consider the application. Any application which is not considered by the committee within the 45-day period shall be deemed approved.
4. If the demand for services or use of equipment exceeds the capability of the department to provide them, the department may contract with other agencies or independent contractors to furnish the required services or use of equipment and is responsible for the administration of the contracts.
Sec. 210. NRS 244A.689 is hereby amended to read as follows:
244A.689 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for:
(a) A manufacturing, industrial or warehousing enterprise;
(b) An organization for research and development;
(c) A health and care facility;
(d) A supplemental facility for a health and care facility;
κ1995 Statutes of Nevada, Page 588 (CHAPTER 293, SB 432)κ
(e) The purposes of a corporation for public benefit; or
(f) Affordable housing.
2. The refinancing of any land, building or other improvement and any real and personal property necessary for:
(a) A health and care facility;
(b) A supplemental facility for a health and care facility;
(c) The purposes of a corporation for public benefit; or
(d) Affordable housing.
3. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any natural person, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
(b) In connection with the furnishing of water if available on reasonable demand to members of the general public.
(c) In connection with the furnishing of energy or gas.
4. Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.
5. Any undertaking by a public utility, in addition to that allowed by subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
6. In addition to the kinds of property described in subsections 2 and 3, if the project is for the generation and transmission of electricity, any other property necessary or useful for that purpose, including without limitation any leases and any rights to take water or fuel.
7. The preservation of any historic structure or its restoration for its original or another use, if the plan has been approved by the [division] office of historic preservation [and archeology] of the [state] department of [conservation and natural resources.] museums, library and arts.
Sec. 218. NRS 281.210 is hereby amended to read as follows:
281.210 1. Except as otherwise provided in this section, it is unlawful for any person acting as a school trustee, state, township, municipal or county officer, or as an employing authority of the University and Community College System of Nevada, any school district or of the state, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University and Community College System of Nevada, any relative of such a person or of any member of such board, agency or commission who is within the third degree of consanguinity or affinity.
2. This section does not apply:
κ1995 Statutes of Nevada, Page 589 (CHAPTER 293, SB 432)κ
(a) To school districts, when the teacher or other school employee is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and receives a unanimous vote of all members of the board of trustees and approval by the state department of education.
(b) To school districts, when the teacher or other school employee has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more before April 1, 1957.
(c) To the spouse of the warden of an institution or manager of a facility of the department of prisons.
(d) To the spouse of the superintendent of the Caliente youth center.
(e) To relatives of blind officers and employees of the bureau of services to the blind of the rehabilitation division of the department of [human resources] employment, training and rehabilitation when those relatives are employed as automobile drivers for those officers and employees.
3. Nothing in this section:
(a) Prevents any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for the service is met out of the personal [funds] money of the officer.
(b) Disqualifies any widow with a dependent as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
4. A person employed contrary to the provisions of this section must not be compensated for the employment.
5. Any person violating any provisions of this section is guilty of a gross misdemeanor.
Sec. 230. NRS 321.001 is hereby amended to read as follows:
321.001 1. The division of state lands shall acquire and hold in the name of the State of Nevada all lands and interests in land owned or required by the state except:
(a) Lands or interests used or acquired for highway purposes;
(b) Lands or interests the title to which is vested in the board of regents of the University of Nevada;
(c) Offices outside state buildings leased by the chief of the buildings and grounds division of the department of [general services] administration for the use of state officers and employees; or
(d) Lands or interests used or acquired for the legislature or its staff, and shall administer all lands it holds which are not assigned for administration to another state agency.
2. If additional land or an interest in land is required for the use of any state agency except the department of transportation or the University and Community College System of Nevada, the agency shall select a site approved by the state public works board, obtain an appraisal of the land to be acquired and obtain the approval of the legislature if required by law. The division of state lands shall then obtain the land or interest by negotiation or if necessary by exercising the states power of eminent domain.
κ1995 Statutes of Nevada, Page 590 (CHAPTER 293, SB 432)κ
by negotiation or if necessary by exercising the states power of eminent domain. Title must be taken in the name of the State of Nevada.
3. The division of state lands may acquire and hold land and interests in land required for any public purpose, including the production of public revenue. Title must be taken in the name of the State of Nevada.
Sec. 235. NRS 331.010 is hereby amended to read as follows:
331.010 As used in NRS 331.010 to 331.150, inclusive, and section 1 of [this act:] chapter 315, Statutes of Nevada 1993:
1. Buildings and grounds division means the buildings and grounds division of the department of [general services.
2.] administration.
2. Chief means the chief of the buildings and grounds division.
3. Director means the director of the department of [general services.
3. Superintendent means the chief of the buildings and grounds division.] administration.
Sec. 258. NRS 333.200 is hereby amended to read as follows:
333.200 1. The chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally or by the using agencies.
2. The chief shall:
(a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.
(b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices and experience with the vendors supplying the different classes of supplies.
(c) Price supplies and materials when purchased and when charged out of stock as used.
(d) Transfer surplus supplies and materials to points where they can be used advantageously.
(e) Direct and make test checks of physical inventories.
(f) Supervise the taking of annual inventories.
(g) Instruct storekeepers in the prescribed procedures for controlling stored materials.
3. The stores records must be so maintained as to show:
(a) The quantity of each commodity on hand.
(b) The average unit cost, including transportation charges.
(c) The total cost of the supply on hand.
(d) The minimum quantity that should be kept in stock.
(e) The maximum quantity that should be kept in stock at any one time.
4. After all records of previous quantities used by using agencies are compiled, a model stock system must be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used and the value of the stock on hand, must be maintained.
κ1995 Statutes of Nevada, Page 591 (CHAPTER 293, SB 432)κ
However, such inventories of the department of transportation, the state printing and micrographics division of the department of [general services] administration and the University and Community College System of Nevada must be maintained by those agencies respectively in accordance with the uniform regulations as provided in this chapter and as may be hereafter adopted by the chief.
Sec. 260. NRS 334.010 is hereby amended to read as follows:
334.010 1. No automobile may be purchased by any department, office, bureau, officer or employee of the state without prior written consent of the state board of examiners.
2. All such automobiles must be used for official purposes only.
3. All such automobiles, except:
(a) Automobiles maintained for and used by the governor;
(b) Automobiles used by or under the authority and direction of the chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation division of the department of motor vehicles and public safety, the investigators of the state gaming control board, the investigators of the securities division of the office of the secretary of state and the investigators of the attorney general;
(c) One automobile used by the department of prisons;
(d) Two automobiles used by the Caliente youth center;
(e) Three automobiles used by the Nevada youth training center; and
(f) Four automobiles used by the youth parole bureau of the division of child and family services of the department of human resources,
must be labeled by painting the words State of Nevada and For Official Use Only on the automobiles in plain lettering. The director of the department of [general services] administration or his representative shall prescribe the size and location of the label for all such automobiles.
4. Any officer or employee of the State of Nevada who violates any provision of this section is guilty of a misdemeanor.
Sec. 270. NRS 345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each volume of Nevada Reports from the superintendent of the state printing and micrographics division of the department of [general services,] administration, the director of the legislative counsel bureau shall distribute them without charge as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. The supreme court law library, two copies.
3. To each justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, justice of the peace and municipal judge in this state, one copy.
4. To each public library in this state, one copy.
5. To each library in the University and Community College System of Nevada, one copy.
6. To the Nevada historical society, one copy.
7. Upon request, to any state, county or municipal officer.
Sec. 280. NRS 353.250 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 592 (CHAPTER 293, SB 432)κ
353.250 1. The state treasurer shall designate the financial institutions into which money received by a state officer, department or commission must be deposited.
2. Except as otherwise provided in subsections 3 and 4, every state officer, department or commission which receives or which may receive any money of the State of Nevada or for its use and benefit shall deposit on Thursday of each week, in a financial institution designated by the state treasurer to the credit of the state treasurers account, all money received by that officer, department or commission during the previous week.
3. Except as otherwise provided in subsection 4, if on any day when the money accumulated for deposit is $10,000 or more, a deposit must be made not later than the next working day.
4. If the [department] division of wildlife of the state department of conservation and natural resources accumulates for deposit $10,000 or more on any day, the money must be deposited within 10 working days.
5. Every officer, department or commission which is required to deposit money with the state treasurer shall comply with that requirement by depositing the money in a financial institution designated by the state treasurer to the credit of the state treasurers account.
6. Every officer, head of any department or commissioner who fails to comply with the provisions of this section is guilty of a misdemeanor in office.
7. As used in this section, financial institution means a bank, savings and loan association, thrift company or credit union regulated pursuant to Title 55 or 56 of NRS.
Sec. 291. NRS 361.157 is hereby amended to read as follows:
361.157 1. When any real estate or portion of real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit or as a residence, or both, the leasehold interest, possessory interest, beneficial interest or beneficial use of any such lessee or user of the property is subject to taxation to the extent the:
(a) Portion of the property leased or used; and
(b) Percentage of time during the fiscal year that the property is leased by the lessee or used by the user,
can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227.
2. Subsection 1 does not apply to:
(a) Property located upon or within the limits of a public airport, park, market, fairground or upon similar property which is available to the use of the general public;
(b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;
(c) Property of any state-supported education institution;
κ1995 Statutes of Nevada, Page 593 (CHAPTER 293, SB 432)κ
(d) Property leased or otherwise made available to and used by a natural person, private association, private corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;
(e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States;
(f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of [human resources,] employment, training and rehabilitation, regardless of whether the property is owned by the federal, state or a local government;
(g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production;
(h) The use of exempt property that is leased, loaned or made available to a public officer or employee, incident to or in the course of public employment;
(i) A parsonage owned by a recognized religious society or corporation when used exclusively as a parsonage;
(j) Property owned by a charitable or religious organization all or a portion of which is made available to and is used as a residence by a natural person in connection with carrying out the activities of the organization;
(k) Property owned by a governmental entity and used to provide shelter at a reduced rate to elderly persons or persons with low incomes;
(l) The occasional rental of meeting rooms or similar facilities for periods of less than 30 consecutive days; or
(m) The use of exempt property to provide day care for children if the day care is provided by a nonprofit organization.
3. Taxes must be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section do not become a lien against the property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and if unpaid are recoverable by the county in the proper court of the county.
Sec. 292. NRS 361.159 is hereby amended to read as follows:
361.159 1. Except as otherwise provided in subsection 3, when personal property, or a portion of personal property, which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit, the leasehold interest, possessory interest, beneficial interest or beneficial use of any such lessee or user of the property is subject to taxation to the extent the:
(a) Portion of the property leased or used; and
κ1995 Statutes of Nevada, Page 594 (CHAPTER 293, SB 432)κ
(b) Percentage of time during the fiscal year that the property is leased to the lessee or used by the user,
can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227.
2. Taxes must be assessed to lessees or users of exempt personal property and collected in the same manner as taxes assessed to owners of other personal property, except that taxes due under this section do not become a lien against the personal property. When due, the taxes constitute a dept due from the lessee or user to the county for which the taxes were assessed and if unpaid are recoverable by the county in the proper court of the county.
3. The provisions of this section do not apply to personal property used in vending stands operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of [human resources.] employment, training and rehabilitation.
Sec. 293. NRS 361.244 is hereby amended to read as follows:
361.244 1. A mobile home is eligible to become real property if the running gear is removed and it becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the mobile home.
2. A mobile home becomes real property when the assessor of the county in which the mobile home is located has placed it on the tax roll as real property. The assessor shall not place a mobile home on the tax roll until:
(a) He has received verification from the manufactured housing division of the department of [commerce] business and industry that there is no security interest in the mobile home or the holders of security interests have agreed in writing to the conversion of the mobile home to real property;
(b) An affidavit of conversion of the mobile home from personal to real property has been recorded in the county recorders office of the county in which the mobile home is located; and
(c) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile home in its former condition as personal property.
3. A mobile home which is converted to real property pursuant to this section shall be deemed to be a fixture and an improvement to the real property to which it is affixed.
4. Factory-built housing, as defined in NRS 461.080, constitutes real property if it becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing.
5. For the purposes of this section, land which is owned includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.
Sec. 309. NRS 378.180 is hereby amended to read as follows:
378.180 1. Every state agency shall, upon release, deposit 12 copies of each of its state publications which was not printed by the state printing and micrographics division of the department of [general services] administration with the state publications distribution center to meet the needs of the depository library system and to provide inter-library loan service to those libraries without depository status.
κ1995 Statutes of Nevada, Page 595 (CHAPTER 293, SB 432)κ
printing and micrographics division of the department of [general services] administration with the state publications distribution center to meet the needs of the depository library system and to provide inter-library loan service to those libraries without depository status.
2. For each item printed by the state printing and micrographics division of the department of [general services,] administration, 12 additional copies must be printed by the division, these to be collected by the state publications distribution center and distributed to public libraries and libraries of the University and Community College System of Nevada within the state.
3. Every city, county and regional agency and every school district and special district shall, upon release, deposit with the state publications distribution center at least six copies of each of its publications and a list of its publications for a calendar year.
Sec. 315. NRS 380A.041 is hereby amended to read as follows:
380A.041 1. The governor shall appoint [:
(a) Two members who are librarians in active service.
(b) Two members who are trustees of legally established libraries or library systems.
(c) Two members who have an active and demonstrated interest, knowledge and understanding of libraries and library service.
2.] to the state council on libraries and literacy:
(a) A representative of public libraries;
(b) A trustee of a legally established library or library system;
(c) A representative of school libraries;
(d) A representative of academic libraries;
(e) A representative of special libraries or institutional libraries;
(f) A representative of persons with disabilities;
(g) A representative of the public who uses these libraries;
(h) A representative of recognized state labor organizations;
(i) A representative of private sector employers;
(j) A representative of private literacy organizations, voluntary literacy organizations or community-based literacy organizations; and
(k) A classroom teacher who has demonstrated outstanding results in teaching children or adults to read.
2. The director of the following state agencies or their designees shall serve as ex officio members of the council pursuant to Public Law No. 102-73:
(a) The department of museums, library and arts;
(b) The department of education;
(c) The state job training office;
(d) The department of human resources;
(e) The commission on economic development; and
(f) The department of prisons.
3. Officers of state government whose agencies provide funding for literacy services may be designated by the governor or the chairman of the council to serve whenever matters within the jurisdiction of the agency are considered by the council.
κ1995 Statutes of Nevada, Page 596 (CHAPTER 293, SB 432)κ
4. The governor shall ensure that there is appropriate representation on the advisory council of urban and rural areas of the state, women, persons with disabilities and racial and ethnic minorities.
5. A person may not serve as a member of the council for more than two consecutive terms.
Sec. 332. NRS 381.170 is hereby amended to read as follows:
381.170 1. Any property of the State of Nevada which may be placed on display or on exhibition at any worlds fair or exposition must be taken into custody by the director at the conclusion of the worlds fair or exposition and placed and kept in the Nevada state museum, subject to being removed and again exhibited at the discretion of the director.
2. The provisions of this section do not apply to collections belonging to the Nevada historical society, the Nevada museum and historical society, the Lost City museum , the Nevada state railroad museum in Carson City, the Nevada state railroad museum in Boulder City, the East Ely depot museum or the University and Community College System of Nevada. The board of regents of the University of Nevada controls the universitys collection.
Sec. 342. NRS 381A.030 is hereby amended to read as follows:
381A.030 The [board of museums and history] director of the department of museums, library and arts shall adopt regulations:
1. Governing the use and operation of locomotives, motorcars, cars, recreational or commercial rides on the trains and fixtures owned by the [division] State of Nevada . [state railroad museums.]
2. For the safe operation of locomotives, motorcars, cars, recreational or commercial rides on the trains and fixtures owned by the [division] State of Nevada . [state railroad museums.]
Sec. 361. NRS 383.170 is hereby amended to read as follows:
383.170 1. A person who disturbs the cairn or grave of a native Indian through inadvertence while engaged in a lawful activity such as construction, mining, logging or farming or any other person who discovers the cairn or grave of a native Indian that has not been previously reported to the [division] office shall immediately report the discovery and the location of the Indian burial site to the [division. The division] office. The office shall immediately consult with the Nevada Indian commission and notify the appropriate Indian tribe. The Indian tribe may, with the permission of the landowner, inspect the site and recommend an appropriate means for the treatment and disposition of the site and all artifacts and human remains associated with the site.
2. If the Indian burial site is located on private land and:
(a) The Indian tribe fails to make a recommendation within 48 hours after it receives notification pursuant to subsection 1; or
(b) The landowner rejects the recommendation and mediation conducted pursuant to NRS 383.160 fails to provide measures acceptable to the landowner,
the landowner shall, at his own expense, reinter with appropriate dignity all artifacts and human remains associated with the site in a location not subject to further disturbance.
κ1995 Statutes of Nevada, Page 597 (CHAPTER 293, SB 432)κ
3. If the Indian burial site is located on public land and action is necessary to protect the burial site from immediate destruction, the [division] office may cause a professional archeologist to excavate the site and remove all artifacts and human remains associated with the site for subsequent reinterment, following scientific study, under the supervision of the Indian tribe.
4. Any other excavation of an Indian burial site may be conducted only:
(a) By a professional archeologist;
(b) After written notification to the administrator; and
(c) With the prior written consent of the appropriate Indian tribe. Failure of a tribe to respond to a request for permission within 60 days after its mailing by certified mail, return receipt requested, shall be deemed consent to the excavation.
All artifacts and human remains removed during such an excavation must, following scientific study, be reinterred under the supervision of the Indian tribe, except that the Indian tribe may, by explicit written consent, authorize the public display of a particular artifact. The archeologist, Indian tribe and landowner shall negotiate an agreement to determine who will pay the expenses related to the interment.
Sec. 367. NRS 396.436 is hereby amended to read as follows:
396.436 The board of regents shall cause perpetual inventory records and controls to be maintained for all equipment, materials and supplies stored or used by or belonging to the system. Copies of current inventory records and controls must be delivered to the chief of the purchasing division of the department of [general services,] administration, and the copies must satisfy the requirements of NRS 333.200.
Sec. 368. NRS 396.620 is hereby amended to read as follows:
396.620 1. Subject to the limitations specified in NRS 396.620 to 396.660, inclusive, the chancellor shall cause to be analyzed by an appropriate employee of the system any ores, minerals, soil or water taken from within the boundaries of the State of Nevada and sent by any resident of the state for that purpose. Persons sending samples from post offices in states bordering Nevada may be required to furnish evidence that their samples are taken in Nevada and that they are Nevada residents. Any resident of the state may send any such substance for analysis. The report of the results of the analysis must be mailed to him within 10 working days after it has been received if he has supplied the information for the maintenance of records as provided in this section. The report sent to him must also contain as nearly as possible an explanation of the uses and market value of the substance.
2. For each sample sent for analysis, the system shall charge a fee of $5 which must be used to defray the expense of conducting the analysis and storing the sample.
3. The system shall keep a record, open for inspection, under such rules as may be made by the board of regents, of all minerals, ores or other matters so sent, with a history of the minerals or other matters, stating the name and residence of the person from whom received, as nearly as possible the location from which the material was taken, including the district and county, and any other relevant information.
κ1995 Statutes of Nevada, Page 598 (CHAPTER 293, SB 432)κ
including the district and county, and any other relevant information. This information for the records may be required to be filed with the system before any work is done on the material sent, and the 10-day limit for reports will count from the time the information is received by the system. Forms for providing the information must be printed by the state printing and micrographics division of the department of [general services] administration and distributed at no charge.
4. A portion of the sample analyzed must be kept by the system for 3 months after the report is sent out, in case any question should arise in relation to the report or additional information be desired. After that time expires, samples may be destroyed or used for any desirable purpose.
Sec. 429. NRS 414.040 is hereby amended to read as follows:
414.040 1. A division of emergency management is hereby created within the department of [the military. The director] motor vehicles and public safety. The chief of the division is appointed by and holds office at the pleasure of the [governor.] director of the department of motor vehicles and public safety. The division is the state agency for civil defense and the [director] chief is the states director of civil defense.
2. The [director] chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other money made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
3. The [director,] chief, subject to the direction and control of the [adjutant general,] director, shall carry out the program for emergency management in this state. He shall coordinate the activities of all organizations for emergency management within the state, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the [adjutant general.] director.
4. To facilitate the development of a comprehensive, coordinated approach to emergency management, the [director] chief may develop an integrated process, using the partnership of governmental entities, business and industry and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies. In developing this process, he may suggest activities designed to:
(a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;
(b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency occurs by fostering the adoption of plans for emergency operations, the training of necessary personnel and the acquisition of necessary resources;
(c) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and
κ1995 Statutes of Nevada, Page 599 (CHAPTER 293, SB 432)κ
(d) Restore the operation of vital community life-support systems and return persons and property affected by an emergency to a condition that is comparable to what existed before the emergency occurred.
Sec. 453. NRS 445.451 is hereby amended to read as follows:
445.451 1. The state environmental commission is hereby created in the state department of conservation and natural resources. The commission consists of:
(a) The [director of the department of wildlife;] administrator of the division of wildlife of the department;
(b) The state forester firewarden;
(c) The state engineer;
(d) The [executive director of the state department of agriculture;] administrator of the division of agriculture of the department of business and industry;
(e) The [executive director of the department of minerals;] administrator of the division of minerals of the department of business and industry;
(f) A member of the state board of health to be designated by that board; and
(g) Five members appointed by the governor, one of whom is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS and one of whom possesses expertise in performing mining reclamation.
2. The governor shall appoint the chairman of the commission from among the members.
3. A majority of the members constitutes a quorum and a majority of those present must concur in any decision.
4. Each member who is appointed by the governor is entitled to receive a salary of not more than $80, as fixed by the commission, for each days attendance at a meeting of the commission.
5. While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which is a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.
7. The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including the department of transportation, [the department of wildlife,] the department of human resources, the University and Community College System of Nevada, the state public works board, the department of motor vehicles and public safety, the public service commission of Nevada and the [state department] division of agriculture of the department of business and industry may also provide technical advice, support and assistance to the commission.
κ1995 Statutes of Nevada, Page 600 (CHAPTER 293, SB 432)κ
vehicles and public safety, the public service commission of Nevada and the [state department] division of agriculture of the department of business and industry may also provide technical advice, support and assistance to the commission.
Sec. 465. The commission shall:
1. Develop and coordinate a state master plan which must include:
(a) All existing and future plans and reports developed by state and local agencies, task forces, councils, committees and community programs for substance abuse education, prevention, enforcement and treatment;
(b) A summary of the current activities of the commission;
(c) The goals and objectives of the commission;
(d) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and
(e) A statement of the roles of state and local governmental agencies and the private sector in the achievement of the goals and objectives of the commission.
2. Prepare and deliver to the governor on or before September 1 of each year a report which summarizes the status of the state master plan and of the commissions efforts to achieve its goals and objectives.
3. Hold and coordinate public hearings throughout the state as necessary to receive information from the public relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and the enforcement of laws relating to drugs and alcohol.
4. Encourage the creation of state and local task forces, councils and committees relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol and develop procedures to receive information and recommendations from the task forces, councils and committees on a regular basis.
5. Recommend to the governor in its annual report any proposed legislation relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol.
6. Collect, evaluate and disseminate information concerning the performance of the programs for substance abuse education, prevention, enforcement and treatment.
7. Disseminate information concerning any new developments in research or programs for substance abuse education, prevention, enforcement and treatment.
8. Establish a program to recognize publicly persons and programs that have helped to prevent and treat the abuse of drugs and alcohol and enforce laws relating to drugs and alcohol in this state.
9. Disseminate information concerning the provisions of NRS 62.226 with the assistance of the department of human resources, the department of motor vehicles and public safety and the superintendent of public instruction.
Sec. 477. NRS 459.742 is hereby amended to read as follows: