[Rev. 2/12/2019 2:28:18 PM]
κ1995 Statutes of Nevada, Page 801 (CHAPTER 318, SB 369)κ
Sec. 7. NRS 284.013 is hereby amended to read as follows:
284.013 1. Except as otherwise provided in subsection 4, this chapter does not apply to:
(a) Agencies, bureaus, commissioners, officers or personnel in the legislative department or the judicial department of state government [;] , including the commission on judicial discipline;
(b) Any person who is employed by a board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS; or
(c) Officers or employees of any agency of the executive department of the state government who are exempted by specific statute.
2. Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.
3. Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the legislative commission with respect to the personnel of the legislative counsel bureau.
4. Any board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the state board of examiners before those services may be provided.
Sec. 8. 1. This act becomes effective on July 1, 1995.
2. Section 3 of this applies retroactively to January 1, 1990.
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Senate Bill No. 329Senator Titus (by request)
CHAPTER 319
AN ACT relating to the judicial system; providing for the certification of court interpreters for persons involved in judicial proceedings who speak a language other than English; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 1 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The court administrator shall, in consultation with the committee established pursuant to section 4 of this act, adopt regulations which, subject to the availability of funding, establish a program for the certification of court interpreters for witnesses, defendants and litigants who speak a language other than English and do not know the English language.
κ1995 Statutes of Nevada, Page 802 (CHAPTER 319, SB 329)κ
of court interpreters for witnesses, defendants and litigants who speak a language other than English and do not know the English language.
2. The regulations must set forth:
(a) The specific languages for which court interpreters may obtain certification, based upon the need for interpreters of those languages.
(b) Any examination and the qualifications which are required for:
(1) Certification; and
(2) Renewal of the certification.
(c) The circumstances under which the court administrator will deny, suspend or refuse to renew a certificate.
(d) The circumstances under which the court administrator will take disciplinary action against a court interpreter.
(e) The circumstances under which a court must require the services of an interpreter who is certified.
(f) Except as otherwise provided in NRS 50.050, the rate and source of the compensation to be paid for services provided by a certified court interpreter.
3. Except as otherwise provided by a specific regulation of the court administrator, it is grounds for disciplinary action for a certified court interpreter to act as interpreter in any action in which:
(a) His spouse in a party;
(b) A party or witness is otherwise related to him;
(c) He is biased for or against one of the parties; or
(d) He otherwise has an interest in the outcome of the proceeding.
Sec. 3. The court administrator may:
1. In consultation with the committee established pursuant to section 4 of this act, adopt any regulations necessary to carry out a program for the certification of court interpreters.
2. Impose on a certified court interpreter:
(a) Any fees necessary to reimburse the court administrator for the cost of administering the program; and
(b) A fine for any violation of a regulation of the court administrator adopted pursuant to this section or section 2 of this act.
Sec. 4. 1. The chief justice shall appoint, from a list of recommendations submitted to him by the court administrator, a committee to advise the court administrator regarding his adoption of regulations pursuant to sections 2 and 3 of this act. The committee must consist of:
(a) A district judge;
(b) A justice of the peace or municipal judge in a county whose population is less than 100,000;
(c) An administrator of a district court;
(d) An administrator of a justices court or municipal court in a county whose population is less than 100,000;
(e) A representative of the University and Community College System of Nevada;
(f) A representative of a nonprofit organization for persons who speak a language other than English; and
(g) A person certified to act as an interpreter for a federal court.
2. The court administrator is ex officio chairman of the committee.
κ1995 Statutes of Nevada, Page 803 (CHAPTER 319, SB 329)κ
3. Members of the committee shall serve in that capacity without any additional compensation.
Sec. 5. 1. It is unlawful for a person to act as a certified court interpreter or advertise or put out any sign or card or other device which might indicate to the public that he is entitled to practice as a certified court interpreter without a certificate as an interpreter issued by the court administrator pursuant to sections 2 and 3 of this act.
2. No civil action may be instituted, nor recovery therein be had, for a violation of the provisions of this section or section 2 or 3 of this act or a violation of a regulation adopted by the court administrator pursuant to section 2 or 3 of this act.
Sec. 6. Chapter 49 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who has a privilege against the disclosure of a matter may prevent the disclosure of that matter by an interpreter to whom the matter was disclosed merely to facilitate a privileged communication of the matter.
Sec. 7. NRS 49.385 is hereby amended to read as follows:
49.385 1. A person upon whom these rules confer a privilege against disclosure of a confidential matter waives the privilege if he or his predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the matter.
2. This section does not apply if the disclosure is [itself] :
(a) Itself a privileged communication [.] ; or
(b) Made to an interpreter employed merely to facilitate communications.
Sec. 8. Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided by a regulation of the court administrator adopted pursuant to sections 2 and 3 of this act, a person shall not act as an interpreter in a proceeding if he is:
(a) The spouse of a witness;
(b) Otherwise related to a witness;
(c) Biased for or against one of the parties; or
(d) Otherwise interested in the outcome of the proceeding.
2. Before undertaking his duties, the interpreter shall swear or affirm that he will:
(a) To the best of his ability, translate accurately to the witness, in the language of the witness, questions and statements addressed to the witness;
(b) Make a true interpretation of the statements of the witness in an understandable manner; and
(c) Repeat the statements of the witness in the English language to the best of his ability.
3. While in the proper performance of his duties, an interpreter has the same rights and privileges as the witness, including the right to examine all relevant material, but is not entitled to waive or exercise any of those rights or privileges on behalf of the witness.
4. As used in this section, interpreter means a person who is readily able to communicate with a person who speaks a language other than English and does not know the English language, translate the proceedings for him and accurately repeat and translate the statements of the person in a language other than English to the court, magistrate or other person presiding.
κ1995 Statutes of Nevada, Page 804 (CHAPTER 319, SB 329)κ
other than English to the court, magistrate or other person presiding. The term does not include an interpreter for handicapped persons as that term is defined in NRS 50.050.
Sec. 9. This act becomes effective:
1. Upon passage and approval for the purpose of adopting the regulations required by this act; and
2. On January 1, 1997, for all other purposes.
________
Assembly Bill No. 256Assemblymen Manendo, Buckley, Perkins, de Braga, Goldwater, Segerblom, Giunchigliani, Price, Spitler, Ohrenschall, Freeman, Neighbors, Evans, Dini, Schneider, Ernaut, Williams, Bennett, Harrington, Nolan, Arberry, Monaghan, Tripple, Chowning, Batten, Bache, Lambert, Anderson, Allard, Close, Humke, Krenzer, Stroth, Sandoval, Brower, Tiffany, Marvel, Hettrick, Fettic, Steel, Carpenter and Braunlin
CHAPTER 320
AN ACT relating to children; increasing the penalty for abuse, neglect or endangerment of a child where substantial bodily or mental harm results; specifying the proof required before a child placed in protective custody may be released to a custodial parent who has abused or neglected the child; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.508 is hereby amended to read as follows:
200.508 1. Any person who:
(a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical paid or mental suffering as the result of abuse or neglect; or
(b) Is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.
2. A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child, shall be punished by imprisonment in the state prison for not less than [1 year] 2 years nor more than 20 years.
3. As used in this section:
(a) Abuse or neglect means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in NRS 432B.070, 432B.090, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the childs health or welfare is harmed or threatened with harm.
κ1995 Statutes of Nevada, Page 805 (CHAPTER 320, AB 256)κ
432B.090, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the childs health or welfare is harmed or threatened with harm.
(b) Allow means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
(c) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
(d) Substantial mental harm means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his normal range of performance or behavior.
Sec. 2. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
In any proceeding held pursuant to NRS 432B.410 to 432B.600, inclusive, if the court determines that a custodial parent or guardian of a child who has been placed in protective custody has ever been convicted of a violation of NRS 200.508, the court shall not release the child to that custodial parent or guardian unless the court finds by clear and convincing evidence presented at the proceeding that no physical or psychological harm to the child will result from his release to that parent or guardian.
Sec. 3. The amendatory provisions of section 1 of this act do not apply to offenses which are committed before October 1, 1995.
________
Senate Bill No. 558Committee on Human Resources and Facilities
CHAPTER 321
AN ACT relating to mental health; requiring the mental hygiene and mental retardation division to certify mental health-mental retardation technicians employed by the division of child and family services; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.279 is hereby amended to read as follows:
433.279 1. The division shall carry out a vocational and educational program for the certification of mental health-mental retardation technicians, including forensic technicians [, employed] :
(a) Employed by the division, or other employees of the division who perform similar duties, but are classified differently.
(b) Employed by the division of child and family services of the department.
κ1995 Statutes of Nevada, Page 806 (CHAPTER 321, SB 558)κ
The program must be carried out in cooperation with the University and Community College System of Nevada.
2. A mental health-mental retardation technician is responsible to the director of the service in which his duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental health-mental retardation technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.
3. The division shall adopt regulations to carry out the provisions of this section.
4. As used in this section, mental health-mental retardation technician means an employee of the mental hygiene and mental retardation division or the division of child and family services who, for compensation or personal profit, implements procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of mentally ill, emotionally disturbed or mentally retarded persons, and who has direct responsibility for:
(a) Administering or implementing specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable clients to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or
(b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of clients, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the clients.
Sec. 2. This act becomes effective on July 1, 1995.
________
Senate Bill No. 528Committee on Finance
CHAPTER 322
AN ACT relating to the state climatologist; removing the requirement that the governor appoint a state climatologist; requiring the director of the state department of conservation and natural resources to employ a state climatologist; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.595 is hereby amended to read as follows:
396.595 1. The office of state climatologist is hereby created.
2. The [governor shall appoint to the office of] director of the state department of conservation and natural resources shall employ as the state climatologist a person who has received the approval of:
κ1995 Statutes of Nevada, Page 807 (CHAPTER 322, SB 528)κ
(a) The National Climatic Data Center of the National Oceanic and Atmospheric Administration;
(b) The Western Regional Director of the National Weather Service; and
(c) An officer of the system.
3. The state climatologist shall:
(a) Maintain descriptions of and information on the climate in this state, including the atmospheric conditions and levels of precipitation; and
(b) Publish his findings concerning the climate in this state at least quarterly.
Sec. 2. This act becomes effective on July 1, 1995.
________
Senate Bill No. 35Committee on Human Resources and Facilities
CHAPTER 323
AN ACT relating to the immunization of children; revising the requirements concerning the signing of certificates of immunization required of children attending public and private schools and child care facilities; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.435 is hereby amended to read as follows:
392.435 1. Unless excused because of religious belief or medical condition, a child may not be enrolled in a public school within this state unless his parents or guardian submit to the board of trustees of the school district in which the child resides a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the state board of health may determine.
2. The certificate must show that the required vaccines and boosters were given [,] and must bear the signature of [the] a licensed physician or his designee or a registered nurse [who administered the vaccines or boosters.] or his designee, attesting that the certificate accurately reflects the childs record of immunization.
3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.
κ1995 Statutes of Nevada, Page 808 (CHAPTER 323, SB 35)κ
4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officers within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.100 to 432.130, inclusive, and chapter 432B of NRS.
5. Before December 31 of each year, each school district [must] shall report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.
6. The certificate of immunization must be included in the pupils academic or cumulative record and transferred as part of that record upon request.
Sec. 2. NRS 394.192 is hereby amended to read as follows:
394.192 1. Unless excused because of religious belief or medical condition, a child may not be enrolled in a private school within this state unless his parents or guardian submit to the governing body of the private school a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the state board of health may determine.
2. The certificate must show that the required vaccines and boosters were given [,] and must bear the signature of [the] a licensed physician or his designee or a registered nurse [who administered the vaccines or boosters.] or his designee, attesting that the certificate accurately reflects the childs record of immunization.
3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.
4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officials within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.100 to 432.130, inclusive, and chapter 432B of NRS.
κ1995 Statutes of Nevada, Page 809 (CHAPTER 323, SB 35)κ
5. Before December 31 of each year, each private school [must] shall report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.
6. The certificate of immunization must be included in the pupils academic or cumulative record and transferred as part of that record upon request.
Sec. 3. NRS 432A.230 is hereby amended to read as follows:
432A.230 1. Except as otherwise provided in subsection 3 and unless excused because of religious belief or medical condition, a child may not be admitted to any child care facility within this state, including a facility licensed by a county or city, unless his parents or guardian submit to the operator of the facility a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the state board of health may determine.
2. The certificate must show that the required vaccines and boosters were given [,] and must bear the signature of [the] a licensed physician or his designee or a registered nurse [who administered the vaccines or boosters.] or his designee, attesting that the certificate accurately reflects the childs record of immunization.
3. A child whose parent or guardian has not established a permanent residence in the county in which a child care facility is located and whose history of immunization cannot be immediately confirmed by a physician in this state or a local health officer, may enter the child care facility conditionally if the parent or guardian:
(a) Agrees to submit within 15 days a certificate from a physician or local health officer that the child has received or is receiving the required immunizations; and
(b) Submits proof that he has not established a permanent residence in the county in which the facility is located.
4. If a certificate from the physician or local health officer showing that the child has received or is receiving the required immunizations is not submitted to the operator of the child care facility within 15 days after the child was conditionally admitted, the child must be excluded from the facility.
5. Before December 31 of each year, each child care facility [must] shall report to the health division of the department, on a form furnished by the division, the exact number of children who have:
κ1995 Statutes of Nevada, Page 810 (CHAPTER 323, SB 35)κ
(a) Been admitted conditionally to the child care facility; and
(b) Completed the immunizations required by this section.
Sec. 4. This act becomes effective on July 1, 1995.
________
Senate Bill No. 525Committee on Finance
CHAPTER 324
AN ACT relating to the state land registrar; requiring certain fees collected by the state land registrar to be paid into the state treasury for credit to the state general fund; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 321.065 is hereby amended to read as follows:
321.065 1. The state land registrar shall charge the following fees, unless a different fee is prescribed by specific statute;
(a) For making copies of public records and maps in the custody of the state land office, regarding land granted to the state by the Federal Government for educational purposes:
For a certified copy of a contract to purchase state lands and for the renewal of a contract, each........................................................................ $5.50
For a township diagram showing state entries only, each.......... 2.00
For a copy of a township plat showing entries, each sheet........ 2.00
For a list of entrymen and agents, showing the kind of entries, each entryman..................................................................................................... .50
For copies of all other public records, including contracts, applications and treasurers receipts:
First sheet of each file............................................. 1.00
Each additional sheet.............................................. .50
For copies of topography maps or portions thereof:
First sheet per map................................................... 1.00
Each additional sheet.............................................. .50
For copies of microfilm records:
Each roll (16 or 32 mm).......................................... 10.00
Each single frame blowback.............................. .50
For duplication of microfilm jackets, each................................... .25
(b) For making copies of any other public records or maps in the custody of the state land office, $1 for the first sheet and 50 cents for each additional sheet.
2. All fees charged and collected under:
(a) Paragraph (a) of subsection 1must be accounted for by the state land register and paid into the state treasury for credit to the state permanent school fund.
κ1995 Statutes of Nevada, Page 811 (CHAPTER 324, SB 525)κ
(b) Paragraph (b) of subsection 1 must be [:
(1) Accounted] accounted for by the state land registrar [;
(2) Paid] and paid into the state treasury for credit to [a separate account in] the state general fund . [; and
(3) Expended to carry out the powers and duties of the state land registrar and the division of state lands.]
Sec. 2. NRS 322.160 is hereby amended to read as follows:
322.160 The proceeds of any fee charged pursuant to NRS 322.100 to 322.160, inclusive, must be accounted for by the state land registrar and:
1. If the fee is for any authorization to use land granted to the state by the Federal Government for educational purposes, the proceeds must be paid into the state treasury for credit to the state permanent school fund.
2. If the fee is for any authorization to use any other state land, the proceeds must be [:
(a) Paid] paid into the state treasury for credit to [a separate account in] the state general fund . [; and
(b) Expended to carry out the powers and duties of the state land registrar and the division of state lands of the state department of conservation and natural resources.]
Sec. 3. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 35Assemblyman Marvel
CHAPTER 325
AN ACT relating to housing authorities; reorganizing the Nevada rural housing authority; clarifying the applicability of certain statutes to the Nevada rural housing authority; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 315.620 is hereby amended to read as follows:
315.620 Neither the commissioners of an authority nor any person executing the bonds [shall be] is liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority [(and such bonds and obligations shall so state on their face) shall not be] are not, and must state on their face that they are not, a debt of the city, the county, the state or any other political subdivision thereof, and neither the city, the county, the state nor any other political subdivision thereof [shall be] is liable thereon, nor in any event [shall such] are the bonds or obligations [be] payable out of any funds or properties other than those of the authority. The bonds [shall] do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
κ1995 Statutes of Nevada, Page 812 (CHAPTER 325, AB 35)κ
Sec. 2. NRS 315.977 is hereby amended to read as follows:
315.977 1. The Nevada rural housing authority, consisting of five commissioners , [appointed by the governor,] is hereby created . [within the department of business and industry.]
2. The [governor shall appoint:] commissioners must be appointed as follows:
(a) Two commissioners [who have experience in banking, real estate or homebuilding.
(b) Three commissioners who are representatives of the general public.
3. At least four of the commissioners must be residents of counties whose population is less than 100,000.] must be appointed by the Nevada League of Cities.
(b) Two commissioners must be appointed by the Nevada Association of Counties.
(c) One commissioner must be appointed jointly by the Nevada League of Cities and the Nevada Association of Counties.
3. After the initial terms, the term of office of a commissioner is 4 years or until his successor takes office.
4. A majority of the commissioners constitutes a quorum, and a vote of the majority is necessary to carry any question.
5. If either of the appointing entities listed in subsection 2 ceases to exist, the appointments required by subsection 2 must be made by the successor in interest of that entity or, if there is no successor in interest, by the other appointing entity.
Sec. 3. NRS 315.979 is hereby amended to read as follows:
315.979 1. As soon as possible after their appointment, the commissioners shall organize for the transaction of business by choosing a chairman and vice chairman and by adopting bylaws and rules and regulations suitable to the purpose of organizing the authority and conducting the business thereof.
2. The commissioners shall appoint an executive director and such other officers and employees as the authority may require for the performance of its duties. [the executive director is in the unclassified service of the state. The remaining positions are in the classified service of the state.] The commissioners shall prescribe the duties of each officer and employee , [and shall] fix their salaries [in accordance with the pay plan of the state.] , and establish the terms and conditions of their employment.
3. At least once a year the authority shall [file with the governor] submit to the Nevada League of Cities, the Nevada Association of Counties, and the governing body of each city and county in its area of operation, a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other actions as it deems necessary [in order] to carry out the purposes of NRS 315.961 to 315.996, inclusive.
Sec. 4. NRS 315.982 is hereby amended to read as follows:
315.982 A commissioner of the authority may be removed from office [in accordance with the provisions of NRS 283.440 or 283.450.] , after a public hearing, by a majority vote of the other commissioners for neglect of duty or malfeasance in office. A vacancy in office must be filled for the remainder of the unexpired term by the entity or entities which appointed the commissioner.
κ1995 Statutes of Nevada, Page 813 (CHAPTER 325, AB 35)κ
Sec. 5. NRS 315.983 is hereby amended to read as follows:
315.983 1. [The authority is a] Except as otherwise provided in NRS 354.474 and 377.057, the authority:
(a) Shall be deemed to be a public body corporate and politic, and an instrumentality, local government and political subdivision of the state, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out the purposes and provisions of NRS 315.961 to 315.996, inclusive, but not the power to levy and collect taxes or special assessments.
(b) Is not an agency, board, bureau, commission, council, department, division, employee or institution of the state.
2. The authority may:
(a) Sue and be sued.
(b) Have a seal.
(c) Have perpetual succession.
(d) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
(e) Deposit money it receives in any insured state or national bank, insured credit union, insured savings and loan association, or in the local government pooled long-term investment account created by NRS 355.165 or the local government pooled investment fund created by NRS 355.167.
(f) Adopt bylaws, rules and regulations to carry into effect the powers and purposes of the authority.
Sec. 6. NRS 315.984 is hereby amended to read as follows:
315.984 Subject to the provisions of NRS 315.986 and 315.987, the authority may, within its area of operation:
1. Prepare, carry out and operate housing projects and provide for the construction, reconstruction, improvement, extension, alteration, or repair of any such project or any part thereof.
2. Administer programs to subsidize that portion of a tenants rental payments which represents the difference between the payment required in the lease and the amount paid under any program of the Federal Government.
3. Determine where there is a need for additional low-rent housing for persons of low income and where there is unsafe, insanitary or overcrowded housing.
4. Make studies and recommendations relating to the problems of relieving the shortage of low-rent housing and of eliminating unsafe, insanitary or overcrowded housing.
5. Cooperate with the Federal Government, [other] state agencies, local housing authorities, counties, cities, towns [, and any] and other political subdivisions of the state in action taken in connection with such problems.
Sec. 7. NRS 315.993 is hereby amended to read as follows:
315.993 1. The authority shall not construct or operate any housing project for profit . [or as a source of revenue to the state.]
2. The authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals or payments for dwelling accommodations at low rates consistent with its providing decent, safe and sanitary dwelling accommodations for persons of low income.
κ1995 Statutes of Nevada, Page 814 (CHAPTER 325, AB 35)κ
3. [To this end the] The authority shall fix the rentals or payments for dwellings in its housing projects at no higher rates than [it shall find to be necessary in order to produce revenues] are necessary to produce revenue which, together with all other available [moneys, revenues,] money, revenue, income and receipts of the authority from whatever sources derived, will be sufficient:
(a) To pay, as [the same become] it becomes due, the principal and interest on the bonds of the authority.
(b) To create and maintain such reserves as may be required to assure the payment of principal and interest as it becomes due on its bonds.
(c) To meet the cost of, and to provide for, maintaining and operating the housing projects , [(] including necessary reserves therefor and the cost of any insurance , [)] and the administrative expenses of the authority.
(d) To make such payments in lieu of taxes as it determines are consistent with the maintenance of the low-rent character of the housing projects.
Sec. 8. NRS 41.0305 is hereby amended to read as follows:
41.0305 As used in NRS 41.031 to 41.039, inclusive, the term political subdivision includes the Nevada rural housing authority, an airport authority created by special act of the legislature, a regional transportation commission and a fire protection district, irrigation district, school district and other special district which performs a governmental function, even though it does not exercise general governmental powers.
Sec. 9. NRS 281.370 is hereby amended to read as follows:
281.370 1. All personnel actions taken by state, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof must be based solely on merit and fitness.
2. State, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof shall not refuse to hire a person, discharge or bar any person from employment or discriminate against any person in compensation or in other terms or conditions of employment because of his race, creed, color, national origin, sex, age, political affiliation or disability, except when based upon a bona fide occupational qualification.
3. As used in this section, disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
Sec. 10. NRS 332.015 is hereby amended to read as follows:
332.015 For the purpose of this chapter , unless the context otherwise requires, local government means:
1. Every political subdivision or other entity which has the right to levy or receive [moneys] money from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, 473, 474, 539, 541, 543 and 555 of NRS.
2. The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.
3. County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244A.597 to 244A.667, inclusive.
κ1995 Statutes of Nevada, Page 815 (CHAPTER 325, AB 35)κ
4. District boards of health created pursuant to the provisions of NRS 439.370 to 439.410, inclusive.
5. The Nevada rural housing authority.
Sec. 11. NRS 333.020 is hereby amended to read as follows:
333.020 As used in this chapter, unless the context otherwise requires:
1. Chief means the chief of the purchasing division.
2. Director means the director of the department of administration.
3. Purchasing division means the purchasing division of the department of administration.
4. Request for a proposal means a statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.
5. Using agencies means all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources, excepting the Nevada rural housing authority, local governments as defined in NRS 354.474, conservation districts, irrigation districts and the University and Community College System of Nevada.
6. Volunteer fire department means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.
Sec. 12. NRS 349.200 is hereby amended to read as follows:
349.200 State means the State of Nevada, or any board, department or other agency or instrumentality thereof . [, in the United States; and where] Where the context so indicates, state means the geographical area comprising the State of Nevada. State does not include the Nevada rural housing authority.
Sec. 13. NRS 350.538 is hereby amended to read as follows:
350.538 1. Municipality means any county, any incorporated city or town , [(] including , without limitation , any city or town organized under the provisions of a special legislative act or other special charter , [),] any unincorporated town, any school district [,] or any quasi-municipal district , [(] including , without limitation , the Nevada rural housing authority and any district created pursuant to NRS 244.2961 or governed by Title 25 of NRS , [)] of this state, or any other public agency authorized to issue general or special obligations on behalf of any of these. Where the context so indicates, municipality means the geographical area comprising the municipality.
2. [Municipality] Municipality does not include an irrigation district or other special district governed by Title 48 of NRS.
Sec. 14. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive [, local government] :
(a) Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes , without limitation , counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.700, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
κ1995 Statutes of Nevada, Page 816 (CHAPTER 325, AB 35)κ
or any mandatory assessments, and includes , without limitation , counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.700, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
(b) Local government does not include the Nevada rural housing authority.
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.
3. An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, for a year in which the district does not issue bonds or levy an assessment if the district files with the department of taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Electrification Administration of the United States Department of Agriculture.
Sec. 15. NRS 361.060 is hereby amended to read as follows:
361.060 All lands and other property owned by the Nevada rural housing authority or any county, domestic municipal corporation, irrigation, drainage or reclamation district or town in this state [shall be] are exempt from taxation, except as provided in NRS 539.213 with respect to certain community pastures.
Sec. 16. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, except as otherwise provided in subsection 2:
(a) For Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White pine counties, distribute to each county an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:
(1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state businesses, from the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or
(2) Except as otherwise provided in this paragraph, the percentage change in the population of the county, as certified by the governor pursuant to NRS 360.285, added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution, whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection [11.]
κ1995 Statutes of Nevada, Page 817 (CHAPTER 325, AB 35)κ
whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection [11.] 10. If the United States Bureau of the Census issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, the percentage change calculated pursuant to subparagraph (2) for the ensuing fiscal year must be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.
(b) For all other counties, distribute the amount remaining after making the distributions required by paragraph (a) to each county in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.
2. If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for the 12 most recent months for which information concerning the actual amount collected is available on February 15 of any year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same period, the state controller shall distribute that countys portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.
3. A county which, pursuant to subsection 2, is required to have its portion of the proceeds from the supplemental city-county relief tax distributed pursuant to paragraph (b) of subsection 1, may file a request with the Nevada tax commission for a waiver of the requirements of subsection 2. The request must be filed on or before February 20 next preceding the fiscal year for which the county will first receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1, and must be accompanied by evidence which supports the granting of the waiver. The commission shall grant or deny a request for a waiver on or before March 10 next following the timely filing of the request. If the commission determines that the increase in the amount of supplemental city-county relief tax collected in the county was primarily caused by:
(a) Nonrecurring taxable sales, it shall grant the request.
(b) Normal or sustainable growth in taxable sales, it shall deny the request. A county which is granted a waiver pursuant to this subsection is not required to obtain a waiver in any subsequent fiscal year to continue to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 unless the amount of supplemental city-county relief tax collected in the county in a fiscal year again exceeds the threshold established in subsection 2.
4. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district created to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.
κ1995 Statutes of Nevada, Page 818 (CHAPTER 325, AB 35)κ
5. As used in this section, the basic ad valorem revenue of each local government, except as otherwise provided in subsection 5 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
6. [For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
7.] For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
(a) The Santini-Burton Act, Public Law 96-586; or
(b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
[8.] 7. On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.
[9.] 8. On or before March 15 of each year, the executive director shall:
(a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and
(b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
[10.] 9. A local government may use the estimate provided by the executive director pursuant to subsection [9] 8 in the preparation of its budget.
[11.] 10. The minimum amount which may be distributed to the following counties in a month pursuant to paragraph (a) of subsection 1 is as follows:
Douglas $580,993
Esmeralda 53,093
Lander 155,106
Lincoln 72,973
Lyon 356,858
Mineral 118,299
Nye 296,609
Pershing 96,731
Storey 69,914
White Pine 158,863
κ1995 Statutes of Nevada, Page 819 (CHAPTER 325, AB 35)κ
11. As used in this section, unless the context otherwise requires:
(a) Local government includes a fire protection district organized pursuant to chapter 473 of NRS.
(b) Local government does not include the Nevada rural housing authority.
Sec. 17. NRS 616.090 is hereby amended to read as follows:
616.090 Employer means:
1. The state, and each county, city, school district, and all public and quasi-public corporations therein without regard to the number of persons employed.
2. Every person, firm, voluntary association, and private corporation, including any public service corporation, which has in service any person under a contract of hire.
3. The legal representative of any deceased employer.
4. The Nevada rural housing authority.
Sec. 18. NRS 617.110 is hereby amended to read as follows:
617.110 Employer means:
1. The state and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons employed.
2. Every person, firm, voluntary association, and private corporation, including any public service corporation, which has in service any employee under a contract of hire.
3. The legal representative of any deceased employer.
4. The Nevada rural housing authority.
Sec. 19. The amendatory provisions of this act do not result in the termination of the Nevada rural housing authority as an agency under the provisions of NRS 232B.100.
Sec. 20. 1. The term of a commissioner appointed to the Nevada rural housing authority before January 1, 1996, expires on January 1, 1996.
2. One commissioner appointed to the Nevada rural housing authority pursuant to section 2 of this act by the Nevada League of Cities, and one commissioner appointed to the Nevada rural housing authority pursuant to section 2 of this act by the Nevada Association of Counties, must be appointed to initial terms of 2 years. The remaining commissioners must be appointed to initial terms of 4 years.
Sec. 21. 1. Except as otherwise provided in subsection 2, the provisions of chapter 284 of NRS apply to the classified employees of the Nevada rural housing authority until January 1, 1996.
2. The provisions of NRS 284.380 regarding layoffs and reemployment apply to each classified employee of the Nevada rural housing authority who is laid off as a result of this act.
Sec. 22. 1. This section and sections 1, 3 and 5 to 21, inclusive, of this act, become effective on October 1, 1995.
2. Sections 2 and 4 of this act become effective on January 1, 1996.
________
κ1995 Statutes of Nevada, Page 820κ
Senate Bill No. 426Senator Jacobsen
CHAPTER 326
AN ACT relating to fire service personnel; creating the fire service standards and training committee; providing its duties; making an appropriation; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 477 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, committee means the fire service standards and training committee.
Sec. 3. 1. The fire service standards and training committee, consisting of seven voting members and one nonvoting member, is hereby created.
2. The committee consists of the chairman of the state board of fire services, who is an ex officio member of the committee, one member appointed by the state fire marshal, and six members appointed by the governor as follows:
(a) Two chief officers or persons of equivalent rank, or two persons designated by the chief of the department, of a full-time, paid fire department who have experience in fire service training;
(b) Two chief officers or persons of equivalent rank, or two persons designated by the chief of the department, of a volunteer fire department who have experience in fire service training; and
(c) Two chief officers or persons of equivalent rank, or two persons designated by the chief of the department, of a combination paid and volunteer fire department who have experience in fire service training.
3. The six members appointed by the governor must be from the following counties:
(a) One member from Clark County;
(b) One member from Washoe County; and
(c) Four members from other counties, except that a majority of the voting members on the committee must not be from one county.
4. The governor shall make the appointments from recommendations submitted by:
(a) The Nevada Fire Chiefs Association Inc.;
(b) The Nevada State Firemens Association;
(c) The Professional Fire Fighters of Nevada;
(d) The Southern Nevada Fire Marshals Association;
(e) The Southern Nevada Fire Chiefs Association;
(f) The Northern Nevada Fire Marshals Association; and
(g) Representatives of fire departments of Washoe County.
5. For the initial terms of the members of the committee, each entity listed in subsection 4 shall submit three recommendations to the governor. After the initial terms, each entity shall submit two recommendations to the governor.
κ1995 Statutes of Nevada, Page 821 (CHAPTER 326, SB 426)κ
6. The member appointed by the state fire marshal shall serve as secretary to the committee and is a nonvoting member of the committee.
7. The members of the committee shall select a chairman from among their membership.
8. After the initial terms, the term of each appointed member of the committee is 2 years.
9. A vacancy in the committee must be filled for the remainder of the unexpired term in the same manner as the original appointment.
10. Each member of the committee is entitled to receive from the state fire marshal division of the department of motor vehicles and public safety the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the work of the committee.
11. The state fire marshal division shall provide the committee with administrative support.
Sec. 4. The committee shall:
1. Meet at the call of the chairman at least four times each year.
2. Encourage the training and education of fire service personnel to improve the system of public safety in the state.
3. Adopt regulations establishing minimum standards for the approval of training and certification programs submitted by a fire department or other fire service training agency or organization of the state pursuant to section 5 of this act. The regulations must provide minimum standards for the training and certification, including the renewal and revocation of certification, of fire service personnel who serve in positions for which the committee determines minimum standards of training and certification are necessary.
4. Provide information and make recommendations to the state fire marshal and the state board of fire services concerning the training of fire service personnel.
5. Approve the budget for the operation of the committee.
Sec. 5. 1. A fire department or other fire service training agency or organization of the state may submit to the chairman of the committee a proposed training and certification program for any of the fire service personnel who serve in positions for which the committee has adopted regulations pursuant to section 4 of this act. The proposed program must be submitted not less than 30 days before the next scheduled meeting of the committee.
2. At that meeting, the committee shall evaluate the proposed program and determine whether it meets the standards for training and certification prescribed in the regulations adopted by the committee pursuant to section 4 of this act.
3. A proposed training and certification program submitted pursuant to this section must include:
(a) A description of the fire service personnel positions which will be covered by the program;
(b) A description of the training which the program will provide;
(c) A procedure for the renewal of certification; and
(d) A procedure for the revocation of certification.
κ1995 Statutes of Nevada, Page 822 (CHAPTER 326, SB 426)κ
4. If a training and certification program is approved by the committee, the program constitutes the standard for state certification of fire service personnel.
Sec. 6. The committee may:
1. Adopt regulations which:
(a) It determines are necessary for the operation of the committee.
(b) Require that training programs which are approved by the committee and require special facilities be conducted at facilities approved by the committee.
2. Recommend to the legislature any appropriate legislation concerning the training of fire service personnel.
Sec. 7. NRS 477.039 is hereby amended to read as follows:
477.039 1. The state fire marshal shall:
(a) Furnish and administer programs for the training of firemen;
(b) Describe the programs that are available for training of firemen and notify fire department of the availability of these programs;
(c) Administer a program to certify firemen, whenever requested to do so, for successful completion of a training program;
(d) Develop a program to train instructors;
(e) Assist other agencies and organizations to prepare and administer training programs; [and]
(f) Carry out the provisions of paragraphs (a) to (e), inclusive, in accordance with recommendations submitted to him by the fire service standards and training committee and the regulations adopted by the committee; and
(g) Establish a regional hazardous materials training facility and furnish training programs concerning hazardous materials for emergency personnel, agencies and other persons.
2. The state fire marshal may enter into agreements for the procurement of necessary services or property, may accept gifts, grants, services or property for the training programs and may charge fees for training programs, materials or services provided.
Sec. 8. The members of the fire service standards and training committee appointed pursuant to section 3 of this act must be appointed to serve initial terms as follows:
1. Three of the members appointed by the governor must be appointed to terms expiring on June 30, 1996;
2. Three of the members appointed by the governor must be appointed to terms expiring on June 30, 1997; and
3. The member appointed by the state fire marshal must be appointed to a term expiring on June 30, 1997.
Sec. 9. The chairman of the state board of fire services shall call the initial meeting of the fire service standards and training committee and shall serve as its chairman in accordance with section 3 of this act.
Sec. 10. 1. There is hereby appropriated from the state general fund to the state fire marshal division of the department of motor vehicles and public safety the sum of $5,760 for the payment of the per diem allowance and travel expenses incurred by the members of the fire service standards and training committee.
κ1995 Statutes of Nevada, Page 823 (CHAPTER 326, SB 426)κ
2. Any remaining balance of the appropriation made by subsection 1 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. 11. This act becomes effective on July 1, 1995, for the purpose of appointing the members of the fire service standards and training committee and on October 1, 1995, for all other purposes.
________
Senate Bill No. 169Senators Coffin, Mathews, Regan, Titus and Townsend
CHAPTER 327
AN ACT relating to public officers; revising provisions relating to governmental contracts with legislators; prohibiting a lobbyist from making or offering to make a monetary contribution to certain public officers during certain periods; prohibiting the lieutenant governor-elect and the governor-elect from soliciting or accepting monetary contributions during certain periods; revising the periods during which contributions and expenditures are required to be reported; providing penalties; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.605 is hereby amended to read as follows:
218.605 1. Except as otherwise provided in subsection 2, it is unlawful for any member of the legislature to:
(a) Become a named contractor or named subcontractor under any contract or order for supplies or any other kind of contract paid for in whole or in part by money appropriated by the legislature of which he is a member for the state or any of its departments, or the legislature or either of its houses, or to be interested, directly or indirectly, as principal, in any kind of contract so paid.
(b) Be interested in any contract made by the legislature of which he is a member, or be a purchaser or interested in any purchase or sale made by the legislature of which he is a member.
2. Any member of the legislature may:
(a) Sell or enter into a contract to sell, to the state or any of its departments any item, commodity, service or capital improvement, if:
(1) The sources of supply for the item, commodity, service or capital improvement are limited;
(2) The contracting process is controlled by rules of open competitive bidding;
(3) He has not taken part in developing the plans or specifications for the sale or contract; and
(4) He will not be personally involved in opening, considering or accepting any bids for the sale or contract.
κ1995 Statutes of Nevada, Page 824 (CHAPTER 327, SB 169)κ
(b) [Receive,] If he is not named in a contract, receive, as direct salary or wages, compensation for which the original source was a legislative appropriation to any governmental entity or a private entity not owned or controlled by the legislator.
(c) Receive, for services as an instructor or teacher from any county school district or the University and Community College System of Nevada, compensation for which the original source was a legislative appropriation to any governmental entity or a private entity not owned or controlled by the legislator.
3. Any contract made in violation of subsection 1 may be declared void at the instance of the state or of any other person interested in the contract except the member of the legislature prohibited in subsection 1 from making or being interested in the contract.
4. Any person violating subsection 1 is guilty of a gross misdemeanor and forfeits his office.
Sec. 2. NRS 218.942 is hereby amended to read as follows:
218.942 1. A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:
(a) To any member of the legislative branch in an effort to persuade or influence him in his official actions.
(b) In a registration statement or report concerning lobbying activities filed with the director.
2. A lobbyist shall not give to a member of the legislative branch or a member of his staff or immediate family gifts that exceed $100 in value in the aggregate in any calendar year.
3. A member of the legislative branch or a member of his staff or immediate family shall not solicit anything of value from a registrant or accept any gift that exceeds $100 in aggregate value in any calendar year.
4. A person who employs or uses a lobbyist shall not make that lobbyists compensation or reimbursement contingent in any manner upon the outcome of any legislative action.
5. Except during the period permitted by NRS 218.918, a person shall not knowingly act as a lobbyist without being registered as required by that section.
6. Except as otherwise provided in subsection 7, a member of the legislative or executive branch of the state government and an elected officer or employee of a political subdivision shall not receive compensation or reimbursement other than from the state or the political subdivision for personally engaging in lobbying.
7. An elected officer or employee of a political subdivision may receive compensation or reimbursement from any organization whose membership consists of elected or appointed public officers.
8. A lobbyist shall not instigate the introduction of any legislation for the purpose of obtaining employment to lobby in opposition thereto.
9. A lobbyist shall not make, commit to make or offer to make a monetary contribution to a member of the legislature, the lieutenant governor, the lieutenant governor-elect, the governor or the governor-elect during the period beginning:
κ1995 Statutes of Nevada, Page 825 (CHAPTER 327, SB 169)κ
(a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or
(b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.
Sec. 3. NRS 294A.120 is hereby amended to read as follows:
294A.120 1. Every candidate for state, district, county or township office at a primary or general election shall, not later than:
(a) Fifteen days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) The 15th day of the second month after the general election, for the remaining period up to 30 days [after the general election,] before the next regular session of the legislature,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election.
4. Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 2 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.
6. Each contribution in excess of $500 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution or contributions, tabulated and reported on the form provided by the secretary of state.
κ1995 Statutes of Nevada, Page 826 (CHAPTER 327, SB 169)κ
of the contributor and the date of the contribution or contributions, tabulated and reported on the form provided by the secretary of state.
7. Except as otherwise provided in this section, any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 4. NRS 294A.200 is hereby amended to read as follows:
294A.200 1. Every candidate for state, district, county or township office at a primary or general election shall, not later than:
(a) Fifteen days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) The 15th day of the second month after the general election, for the remaining period up to 30 days [after the general election,] before the next regular session of the legislature,
report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Sixty days after the special election, for the remaining period up to 30 days after the special election,
report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election.
4. Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 2 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.
6. Except as otherwise provided in this section, any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 5. NRS 294A.300 is hereby amended to read as follows:
294A.300 1. It is unlawful for a member of the legislature, the lieutenant governor [or] , the lieutenant governor-elect, the governor or the governor-elect to solicit or accept any monetary contribution , or solicit or accept a commitment to make such a contribution for any political purpose during the period beginning:
κ1995 Statutes of Nevada, Page 827 (CHAPTER 327, SB 169)κ
commitment to make such a contribution for any political purpose during the period beginning:
(a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or
(b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor.
3. This section does not prohibit the payment of a salary or other compensation or income to a member of the legislature, the lieutenant governor or the governor during a session of the legislature if it is made for services provided as a part of his regular employment or is additional income to which he is entitled.
________
Senate Bill No. 417Committee on Taxation
CHAPTER 328
AN ACT relating to license fees; revising provisions governing the collection of money for the issuance of certain business licenses; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 364.020 is hereby amended to read as follows:
364.020 [The] Except as otherwise provided in NRS 364.100, the sheriff, as ex officio license collector, shall deposit the gross amount on each business license sold in the county general fund.
Sec. 2. NRS 364.100 is hereby amended to read as follows:
364.100 [Any]
1. Except as otherwise provided in subsection 2, a collector who [shall receive the] receives money for a license without delivering the license to the person paying for [the same the license paid for,] it, or who [shall insert] inserts the name of more than one person or firm therein, [shall be] is guilty of a misdemeanor.
2. If the money received by the collector pursuant to subsection 1:
(a) Is for the license of a business which has not previously obtained a license; or
(b) Is for an amount less than the amount required to obtain a license,
the collector may deposit the money into an account to be held in trust until the license is issued. The money in the account must not be used by the licensing authority or the county until it is transferred into the county general fund after the license is issued.
κ1995 Statutes of Nevada, Page 828 (CHAPTER 328, SB 417)κ
licensing authority or the county until it is transferred into the county general fund after the license is issued.
Sec. 3. This act becomes effective on July 1, 1995.
________
Senate Bill No. 524Committee on Finance
CHAPTER 329
AN ACT relating to the bureau of mines and geology; revising the provisions governing the funding of certain duties of the bureau; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 514.060 is hereby amended to read as follows:
514.060 1. The director of the bureau of mines and geology, for and on behalf of the State of Nevada, with the approval of the governor, is authorized to enter into agreements with the United States Geological Survey for cooperation in investigating mineral and geological conditions within the state and in the topographic and geologic mapping of Nevada. The expenses of such work [shall] must be divided between the parties upon a basis whereby the State of Nevada will not pay more than 50 percent of such expenses.
2. [Funds] Money necessary to carry out the provisions of this section [shall] must be provided [by direct legislative appropriation from the general fund.] pursuant to NRS 519A.260.
3. All claims against such [appropriated funds shall] money must be approved by the director of the bureau of mines and geology, and, when thereafter approved by the state board of examiners, [shall] must be paid in the same manner as other claims against the state.
Sec. 2. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 829κ
Senate Bill No. 309Committee on Taxation
CHAPTER 330
AN ACT relating to property tax; revising the provisions governing delinquent taxes; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Within 30 days after the first Monday in March of each year, with respect to each property on which the tax is delinquent, the tax receiver of the county shall mail notice of the delinquency by first-class mail to:
(a) The owner or owners of the property;
(b) The person or persons listed as the taxpayer or taxpayers on the tax rolls, at their last known addresses, if the names and addresses are known; and
(c) Each holder of a recorded security interest if the holder has made a request in writing to the tax receiver for the notice, which identifies the secured property by the parcel number assigned to it in accordance with the provisions of NRS 361.189.
2. The notice of delinquency must state:
(a) The name of the owner of the property; if known.
(b) The description of the property on which the taxes are a lien.
(c) The amount of the taxes due on the property and the penalties and costs as provided by law.
(d) That if the amount is not paid by the taxpayer or his successor in interest the tax receiver will, at 5 p.m. on the first Monday in June of the current year, issue to the county treasurer, as trustee for the state and county, a certificate authorizing him to hold the property, subject to redemption within 2 years after the date of the issuance of the certificate, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum from date due until paid as provided by law and that redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.
3. Within 30 days after mailing the original notice of delinquency, the tax receiver shall issue his personal affidavit to the board of county commissioners affirming that due notice has been mailed with respect to each parcel. The affidavit must recite the number of letters mailed, the number of letters returned, and the number of letters finally determined to be undeliverable. Until the period of redemption has expired, the tax receiver shall maintain detailed records which contain such information as the department may prescribe in support of his affidavit.
4. A second copy of the notice of delinquency must be sent by certified mail, not less than 60 days before the expiration of the period of redemption as stated in the notice.
5. The cost of each mailing must be charged to the delinquent taxpayer.
κ1995 Statutes of Nevada, Page 830 (CHAPTER 330, SB 309)κ
Sec. 2. NRS 361.565 is hereby amended to read as follows:
361.565 1. [Within] Except as otherwise provided in subsection 3, if the tax remains delinquent 30 days after the [1st] first Monday in [March] April of each year, [in all cases where the tax is delinquent,] the tax receiver of the county shall [give notice in the manner and form provided in this section.
2. The notice must] cause notice of the delinquency to be published at least once in the newspaper which publishes the list of taxpayers pursuant to NRS 361.300 . [at least once a week from the date thereof for 4 consecutive weeks.] If there is no newspaper in the county, the notice must be posted in at least five conspicuous places within the county.
[3.] 2. The cost of publication in each case must be charged to the delinquent taxpayer, and is not a charge against the state or county. The publication must be made at not more than legal rates.
[4. When]
3. If the delinquent property consists of unimproved real estate assessed at a sum not exceeding $25, the notice must be given by posting a copy of the notice in three conspicuous places within the county without publishing the notice in a newspaper.
[5.] 4. The notice must [state:
(a) The name of the owner, if known.
(b) The description of the property on which the taxes are a lien.
(c) The amount of the taxes due on the property and the penalties and costs as provided by law.
(d) That if the amount is not paid by the taxpayer or his successor in interest the tax receiver will, on the 1st Monday in May of the current year at 5 p.m. of that day, issue to the county treasurer, as trustee for the state and county, a certificate authorizing him to hold the property, subject to redemption within 2 years after date thereof, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum from date due until paid as provided by law and that redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.
6. The notice must be mailed in the following manner:
(a) At the same time that the tax receiver first publishes the notice or posts the notice, as the case may be, he shall send a copy of the notice by first-class mail, in the case of each respective property as taxed to:
(1) The owner or owners of the property;
(2) The person or persons listed as the taxpayer or taxpayers on the tax rolls, at their last known addresses, if the names and addresses are known; and
(3) Each holder of a recorded security interest if the holder has made a request in writing to the tax receiver for the notice, which identifies the secured property by the parcel number assigned to it in accordance with the provisions of NRS 361.189.
Upon mailing the original notice of delinquency, the tax receiver shall issue his personal affidavit to the board of county commissioners affirming that due notice had been mailed in respect to each parcel. The affidavit must recite the number of letters mailed, the number of letters returned, and the number of letters finally determined to be undeliverable.
κ1995 Statutes of Nevada, Page 831 (CHAPTER 330, SB 309)κ
letters finally determined to be undeliverable. Detailed records must be maintained by the tax receiver in support of his affidavit, in such content as the department may prescribe, until the period of redemption has expired.
(b) A second copy must be sent by certified mail, not less than 60 days before the expiration of the period of redemption as stated in the notice.
(c) The cost of each mailing must be charged to the delinquent taxpayer at the rate of $1 each.] contain the information required for a notice mailed pursuant to section 1 of this act.
Sec. 3. NRS 361.570 is hereby amended to read as follows:
361.570 1. Pursuant to the notice given as provided in NRS 361.565 and section 1 of this act and at the time [so noticed,] stated in the notice, the tax receiver shall make out his certificate authorizing the county treasurer , as trustee for the state and county , to hold the property described in the notice for the period of 2 years after the [1st] first Monday in [May] June of the year the certificate is dated, unless sooner redeemed.
2. The certificate [should] must specify:
(a) The amount of delinquency, including the amount and year of assessment;
(b) The taxes and the penalties and costs added thereto, and that interest on the taxes will be added at the rate of 10 percent per annum from the date due until paid; and
(c) The name of the owner or taxpayer, if known.
3. The certificate must state, and it is hereby provided:
(a) That the property may be redeemed within 2 years from its date; and
(b) That if not redeemed, the title to the property vests in the county for the benefit of the state and county.
4. Until the expiration of the period of redemption, the property held pursuant to the certificate must be assessed annually to the county treasurer as trustee, and before the owner or his successor redeems the property he shall also pay the county treasurer holding the certificate any additional taxes assessed and accrued against the property after the date of the certificate, together with the interest on the taxes at the rate of 10 percent per annum from the date due until paid.
5. [It shall be the county treasurers duty to] The county treasurer shall take certificates issued to him under the provisions of this section.
Sec. 4. NRS 361.580 is hereby amended to read as follows:
361.580 1. On the [3rd] third Monday in [May] June of each year following the redemption period as set forth in NRS 361.570, the ex officio tax receiver shall attend at the office of the county auditor with the assessment roll and shall render an account under oath to the county auditor as to the amount of the taxes paid on the roll, the amount of taxes stricken by the board of county commissioners and the amount of taxes delinquent on the roll.
2. The county auditor shall audit the account and make a final settlement with the ex officio tax receiver of all taxes charged against him on account of the assessment roll.
Sec. 5. NRS 361.635 is hereby amended to read as follows:
361.635 1. Within 3 days after making the [delinquent list in March of each year,] publication required by NRS 361.565, or after the last publication if more than one is made, the county treasurer:
κ1995 Statutes of Nevada, Page 832 (CHAPTER 330, SB 309)κ
(a) Shall prepare and deliver to the district attorney of his county a list certified to by him of all accumulated delinquent taxes, exclusive of penalties and assessments of benefits of irrigation districts, of the sum of $3,000 or more.
(b) May prepare and deliver to the district attorney of his county, a list certified to by him of all accumulated delinquent taxes, exclusive of penalties and assessments of benefits of irrigation districts, of the sum of $1,000 or more but less than $3,000.
2. If the delinquent taxes specified in the certified list and penalties and costs are not paid to the county treasurer as ex officio tax receiver within 20 days [from] after the date of delivery of the certified list to the district attorney, the district attorney may, and shall when directed by the board of county commissioners, immediately commence an action for the collection of the delinquent taxes, penalties and costs.
3. The remedy prescribed by this section is in addition to any other remedies provided by law for the collection of delinquent taxes.
Sec. 6. NRS 244.3661 is hereby amended to read as follows:
244.3661 1. Except as otherwise provided in NRS 704.664, a board of county commissioners may, by ordinance, impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the county to acquire and construct a new facility for the treatment of water for public or private use, or both. The tax must be imposed on customers of suppliers of water that are capable of using the water treatment services provided by the facility to be financed with the proceeds of the tax.
2. An excise tax imposed pursuant to subsection 1 may be levied at different rates for different classes of customers or to take into account differences in the amount of water used or estimated to be used or the size of the connection.
3. The ordinance imposing the tax must provide the:
(a) Rate or rates of the tax;
(b) Procedure for collection of the tax;
(c) Duration of the tax; and
(d) Rate of interest that will be charged on late payments.
4. Late payments of the tax must bear interest at a rate not exceeding 2 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest which may accrue thereon are paid. The county shall enforce the lien in the same manner as provided in NRS 361.565 to 361.730, inclusive, and section 1 of this act, for property taxes.
5. A county may:
(a) Acquire and construct a new facility for the treatment of water for public or private use, or both.
(b) Finance the project by the issuance of general obligation or revenue bonds or other securities issued pursuant to chapter 350 of NRS, or by installment purchase financing pursuant to NRS 350.800.
(c) Enter into an agreement with a public utility which provides that:
(1) Water treatment services provided by the facility will be made available to the public utility; or
κ1995 Statutes of Nevada, Page 833 (CHAPTER 330, SB 309)κ
(2) The public utility will operate and maintain the facility,
or both. An agreement entered into pursuant to this paragraph may extend beyond the terms of office of the members of the board of county commissioners who voted upon it.
6. A county may pledge any money received from the proceeds of a tax imposed pursuant to this section for the payment of general or special obligations issued for a new facility for the treatment of water for public or private use, or both. Any money pledged by the county pursuant to this subsection may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.
7. As used in this section, public utility has the meaning ascribed to it in NRS 704.020 and does not include the persons excluded by NRS 704.030.
________
Senate Bill No. 261Committee on Natural Resources
CHAPTER 331
AN ACT relating to state lands; authorizing the lease of state land to certain nonprofit organizations or educational institutions for a reduced charge; authorizing the state land registrar to waive certain fees for the grant of certain easements to local governments; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 322 of 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 this section, land may be leased pursuant to NRS 322.060 to:
(a) A nonprofit organization that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code and is affiliated by contract or other written agreement with an agency of this state; or
(b) A public educational institution,
under such terms and for such consideration as the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, determines reasonable based upon the costs and benefits to the state and the recommendation of the persons who approve the lease.
2. To lease property pursuant to this section, at least two of the following persons must approve the lease and establish the recommended amount of rent to be received for the property:
(a) The administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar.
(b) The chief of the buildings and grounds division of the department of administration.
(c) The director of the department of human resources or a person designated by the director.
κ1995 Statutes of Nevada, Page 834 (CHAPTER 331, SB 261)κ
Such persons shall render a decision on an application to lease property pursuant to this section within 60 days after the application is filed with the administrator of the division of state lands.
3. In determining the amount of rent for the lease of property pursuant to this section, consideration must be given to:
(a) The amount the lessee is able to pay;
(b) Whether the property will be used by the lessee to perform a service of value to members of the general public; and
(c) Whether the service to be performed on the property will be of assistance to any agency of this state.
4. The state land registrar may waive any fee for the consideration of an application submitted pursuant to this section.
5. The provisions of this section do not apply to property granted to the state by the Federal Government and held in trust by the state for educational purposes.
Sec. 3. 1. Upon the request of the governing body of a local government, the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, may grant an easement for a public road to the governing body without charging a fee if the governing body agrees to pay the actual costs incurred by the state land registrar in granting the easement.
2. As used in this section, local government has the meaning ascribed to it in NRS 354.474.
Sec. 4. NRS 322.050 is hereby amended to read as follows:
322.050 Except as otherwise provided in NRS 334.070 and 504.147, the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, may, in addition to the authority to lease provided in NRS 322.010, 322.020 and 322.030, lease or grant easements over or upon any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, upon terms as provided in NRS 322.060. Leases or grants of easements over or upon contract lands may be made only with the consent of the contracting party, who must be paid all money received from any such lease or grant. [Easements] Leases or grants of easements over or upon any lands which are used by any office, department, board, commission, bureau, institution or other agency of the State of Nevada may be granted only with the concurrence of the agency.
Sec. 5. NRS 322.060 is hereby amended to read as follows:
322.060 Leases or easements authorized pursuant to the provisions of NRS 322.050, and not made for the purpose of extracting oil, coal or gas or the utilization of geothermal resources from the lands leased, must be:
1. For such areas as may be required to accomplish the purpose for which the land is leased or the easement granted.
2. [For] Except as otherwise provided in sections 1 and 2 of this act, for such term and consideration as the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, may determine reasonable based upon the fair market value of the land.
κ1995 Statutes of Nevada, Page 835 (CHAPTER 331, SB 261)κ
3. Executed upon a form to be prepared by the attorney general. The form must contain all of the covenants and agreements usual or necessary to such leases or easements.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 530Assemblymen Braunlin, Batten, Chowning, Carpenter, Williams, Schneider, Sandoval, Steel, Harrington, Bache, Buckley, Tiffany, Segerblom, Manendo, Bennett, Tripple, Marvel, Humke, Spitler, Brower, Anderson, Neighbors, Monaghan, Close, Hettrick, Fettic, Stroth, Nolan, Ernaut, Ohrenschall, Goldwater, Price, Giunchigliani, Arberry, Dini, Lambert, de Braga, Krenzer, Allard, Perkins and Evans
CHAPTER 332
AN ACT relating to drivers licenses; requiring the department of motor vehicles and public safety to establish a procedure for the renewal of licenses by mail; establishing a related fee; revising provisions relating to eye tests for applicants for renewal licenses; making an appropriation; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department shall:
(a) Establish a procedure to allow such persons as it deems appropriate to renew their drivers licenses by mail.
(b) In addition to the fees set forth in NRS 483.410, for every drivers license which is renewed by mail, charge and collect a fee of $1.50.
(c) Adopt regulations necessary to carry out the provisions of this section.
2. The fees collected pursuant to paragraph (b) of subsection 1 must be deposited in the state treasury for credit to the motor vehicle fund and must be allocated to the department to defray the cost of complying with the provisions of this section.
Sec. 2. NRS 483.384 is hereby amended to read as follows:
483.384 1. [Except as provided in this subsection, each] The department may require an applicant for a renewal license [shall] to appear before an examiner for a drivers license and successfully pass a test of his eyesight. [If the department determines, upon good cause shown, that a person is unable to appear in person, it may]
2. The department may accept, in lieu of an eye test, a report from an ophthalmologist, optometrist or agency of another state which has duties comparable to those of the department if the reported test was performed within 90 days before the application for renewal [.
2.] and:
κ1995 Statutes of Nevada, Page 836 (CHAPTER 332, AB 530)κ
(a) The applicant is qualified to renew his drivers license by mail in accordance with the procedure established pursuant to section 1 of this act; or
(b) The department determines, upon good cause shown, that the applicant is unable to appear in person.
3. The department shall adopt regulations which prescribe:
(a) The criteria to determine which applicant for a renewal license must appear and successfully pass a test of his eyesight.
(b) The circumstances under which the department will accept a report from an ophthalmologist, optometrist or agency of another state which is authorized to conduct eye tests, in lieu of an eye test for the renewal of an applicants drivers license.
4. If the administrator or his authorized agent has reason to believe that the licensee is no longer qualified to receive a license because of his physical condition, the department may require that the applicant submit to an examination pursuant to the provisions of NRS 483.330. The age of a licensee, by itself, does not constitute grounds for requiring an examination of driving qualifications.
Sec. 3. NRS 483.410 is hereby amended to read as follows:
483.410 1. Except as otherwise provided in subsection 6, for every drivers license, including a motorcycle drivers license, issued and service performed the following fees must be charged:
A license issued to a person 65 years of age or older...................... $14
An original license issued to any other person.................................. 19
A renewal license issued to any other person................................... 19
Reinstatement of a license after suspension, revocation or cancellation except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385..................................................... 40
Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385........ 65
A new photograph, change of name, change of address or any combination..................................................................................................... 5
A duplicate license................................................................................. 14
2. For every motorcycle endorsement to a drivers license a fee of $5 must be charged.
3. If no other change is requested or required, the department shall not charge a fee to convert the number of a license from the licensees social security number to a unique number based upon it.
4. The increase in fees authorized by NRS 483.347 and the [fee] fees charged pursuant to NRS 483.415 and section 1 of this act must be paid in addition to the fees charged pursuant to subsections 1 and 2.
5. A penalty of $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt pursuant to that section.
κ1995 Statutes of Nevada, Page 837 (CHAPTER 332, AB 530)κ
6. The department may not charge a fee for the reinstatement of a drivers license that has been:
(a) Voluntarily surrendered for medical reasons; or
(b) Canceled pursuant to NRS 483.310.
7. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
8. Except as otherwise provided in NRS 483.415, all money collected by the department pursuant to this chapter must be deposited in the state treasury for credit to the motor vehicle fund.
Sec. 4. The department of motor vehicles and public safety shall adopt the regulations required pursuant to sections 1 and 2 of this act before January 1, 1996.
Sec. 5. 1. There is hereby appropriated from the state highway fund to the department of motor vehicles and public safety the sum of $30,700 to pay the cost of establishing a procedure to allow such persons as the department deems appropriate to renew their respective drivers licenses by mail pursuant to section 1 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 6. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 512Assemblymen Spitler and Harrington
CHAPTER 333
AN ACT relating to prisoners; authorizing certain local governments to seek reimbursement for expenses incurred for supporting and maintaining prisoners in a county or city jail or detention facility; authorizing withdrawals from prisoners trust funds to pay such reimbursement; clarifying that a county, city or town is responsible for paying for the cost of certain medical treatment and examinations for prisoners only while such prisoners are in custody; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 211 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, prisoner means a person who has been convicted and sentenced to a term of imprisonment in a county or city jail or detention facility for any crime punishable under the laws of this state, including a person sentenced as a condition of probation, but does not include a person who is committed to a county jail pursuant to NRS 211.060.
Sec. 3. 1. A board of county commissioners or the governing body of an incorporated city may seek reimbursement from a nonindigent prisoner for expenses incurred by the county or city for the maintenance and support of the prisoner in a county or city jail or detention facility, including expenses incurred during a period of pretrial detention if time served during the pretrial detention is credited by the court against any sentence imposed.
κ1995 Statutes of Nevada, Page 838 (CHAPTER 333, AB 512)κ
prisoner in a county or city jail or detention facility, including expenses incurred during a period of pretrial detention if time served during the pretrial detention is credited by the court against any sentence imposed.
2. The amount of reimbursement sought by a county or city pursuant to subsection 1 must not exceed the actual cost per day for the maintenance and support of the prisoner and may include, without limitation, the costs of providing heating, air conditioning, food, clothing, bedding and medical care to a prisoner.
Sec. 4. 1. Before a board of county commissioners or the governing body of an incorporated city may request reimbursement from a prisoner, the board or governing body must conduct an investigation of the financial status of the prisoner.
2. For the purpose of determining the financial status of a prisoner, the board or governing body shall require the prisoner to complete and sign a form under penalty of perjury. The form must contain provisions for determining:
(a) The age, sex and marital status of the prisoner;
(b) The number and ages of the children or other dependents of the prisoner; and
(c) The type and value of any real estate, personal property, investments, pensions, annuities, bank accounts, cash or other property of value owned or possessed by the prisoner.
Sec. 5. If a board of county commissioners or the governing body of an incorporated city so requests, the sheriff of the county, or the administrator of the department of detention of an incorporated city or the person appointed to administer a city jail, shall provide to the board or governing body a list which contains:
1. The name of each prisoner currently serving a term of imprisonment in the county or city jail or detention facility;
2. The length of the term of imprisonment of each prisoner, including the number of days served during a period of pretrial detention, if any;
3. The date of admission of each prisoner; and
4. All available information concerning the financial status of each prisoner.
Sec. 6. 1. At any time after the conviction of a prisoner, and after the financial status of the prisoner has been determined or the prisoner has refused or failed to complete and sign the form required by section 4 of this act, the sheriff of the county, or the administrator of the department of detention of an incorporated city or the person appointed to administer a city jail, may issue a written demand to the prisoner for reimbursement of the expenses incurred by the county or city for the prisoners maintenance and support during his period of imprisonment.
2. Except as otherwise provided in subsection 3, the prisoner shall pay the total amount due when the written demand is issued. The prisoner may arrange to make payments on a monthly basis. If such arrangements are made, the prisoner must be provided with a monthly billing statement which specifies the date on which his next payment is due.
3. A court may order a prisoner to perform supervised work for the benefit of the community to satisfy the written demand for reimbursement. Each hour of work performed by the prisoner reduces the amount he owes by $8.
κ1995 Statutes of Nevada, Page 839 (CHAPTER 333, AB 512)κ
of work performed by the prisoner reduces the amount he owes by $8. If the prisoner does not satisfy the written demand for reimbursement within the time set by the court, the district attorney for a county or the city attorney for an incorporated city may file a civil action pursuant to section 7 of this act.
Sec. 7. 1. If a prisoner fails to make a payment within 10 days after it is due, the district attorney for a county or the city attorney for an incorporated city may file a civil action in any court of competent jurisdiction within this state seeking recovery of:
(a) The amount of reimbursement due;
(b) Costs incurred in conducting an investigation of the financial status of the prisoner; and
(c) Attorneys fees and costs.
2. A civil action brought pursuant to this section must:
(a) Be instituted in the name of the county or city in which the jail or detention facility is located;
(b) Indicate the date and place of sentencing, including the name of the court which imposed the sentence;
(c) Include the record of judgment of conviction, if available;
(d) Indicate the length of time served by the prisoner and, if he has been released, the date of his release; and
(e) Indicate the amount of reimbursement that the prisoner owes to the county or city.
3. The county or city treasurer of the county or incorporated city in which a prisoner is or was confined shall determine the amount of reimbursement that the prisoner owes to the city or county. The county or city treasurer may render a sworn statement indicating the amount of reimbursement that the prisoner owes and submit the statement in support of a civil action brought pursuant to this section. Such a statement is prima facie evidence of the amount due.
4. A court in a civil action brought pursuant to this section may award a money judgment in favor of the county or city in whose name the action was brought.
5. If necessary to prevent the disposition of the prisoners property by the prisoner, or his spouse or agent, a county or city may file a motion for a temporary restraining order. The court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbering, hypothecating, concealing or in any way disposing of any property of the prisoner, real or personal, whether community or separate, except for necessary living expenses.
6. The payment, pursuant to a judicial order, of existing obligations for:
(a) Child support or alimony;
(b) Restitution to victims of crimes; and
(c) Any administrative assessment required to be paid pursuant to NRS 62.223, 176.059 and 176.062,
has priority over the payment of a judgment entered pursuant to this section.
Sec. 8. 1. A prisoner who is or was sentenced to a term of imprisonment in a county or city jail or detention facility shall cooperate with the board of county commissioners or the governing body of an incorporated city in satisfying the reimbursement sought by the board or body pursuant to the provisions of sections 2 to 11, inclusive, of this act.
κ1995 Statutes of Nevada, Page 840 (CHAPTER 333, AB 512)κ
county commissioners or the governing body of an incorporated city in satisfying the reimbursement sought by the board or body pursuant to the provisions of sections 2 to 11, inclusive, of this act.
2. A prisoner who willfully refuses to cooperate with the requirement of section 4 of this act may not receive a reduction of or a credit on his term of imprisonment under any provision of this chapter.
Sec. 9. The sheriff of the county or the administrator of the department of detention of an incorporated city or a person chosen to administer a city jail shall provide the district attorney of the county or the city attorney of the incorporated city all information and assistance possible to enable the district or city attorney to secure reimbursement for the county or city pursuant to the provisions of sections 2 to 11, inclusive, of this act.
Sec. 10. Reimbursements secured or otherwise obtained by a board of county commissioners or the governing body of an incorporated city pursuant to the provisions of sections 2 to 11, inclusive, of this act must be credited to the general fund of the county or city. If:
1. In accordance with a contractual agreement, the county or city was paid by another governmental entity for expenses related to maintaining and supporting a prisoner; and
2. The prisoner reimburses the county or city for those expenses pursuant to sections 2 to 11, inclusive, of this act,
the county or city shall reimburse the governmental entity for its payment to the extent of the amount received from the prisoner.
Sec. 11. Any amount of reimbursement sought pursuant to sections 2 to 11, inclusive, of this act from a prisoner who has served a sentence intermittently under the provisions of NRS 211.350 must not exceed the difference between the total administrative fees assessed and collected from the prisoner pursuant to NRS 211.350 and the maximum amount which may be sought for reimbursement by a board of county commissioners or the governing body of an incorporated city pursuant to section 3 of this act.
Sec. 12. NRS 211.140 is hereby amended to read as follows:
211.140 1. The sheriff of each county has charge and control over all prisoners committed to his care in the respective county jails, and the chiefs of police and town marshals in the several cities and towns throughout this state have charge and control over all prisoners committed to their respective city and town jails and detention facilities.
2. The sheriffs, chiefs of police and town marshals shall see that the prisoners under their care are kept at labor for reasonable amounts of time within the jail or detention facility, on public works in the county, city or town, or as part of a program of release for work established pursuant to NRS 211.120 or 211.171 to 211.200, inclusive.
3. The sheriff, chief of police or town marshal shall arrange for the administration of medical care required by prisoners committed to his custody. The county, city or town shall pay the cost of appropriate medical:
(a) Treatment provided to a prisoner while in custody for injuries incurred by a prisoner while he is in custody and for injuries incurred during his arrest for commission of a public offense if he is not convicted of that offense;
κ1995 Statutes of Nevada, Page 841 (CHAPTER 333, AB 512)κ
(b) Treatment provided to a prisoner while in custody for any infectious, contagious or communicable disease which the prisoner contracts while he is in custody; and
(c) Examinations required by law or by court order conducted while the prisoner is in custody unless the order otherwise provides.
4. A prisoner shall pay the cost of medical treatment for:
(a) Injuries incurred by the prisoner during his commission of a public offense or for injuries incurred during his arrest for commission of a public offense if he is convicted of that offense;
(b) Injuries or illnesses which existed before the prisoner was taken into custody;
(c) Self-inflicted injuries; and
(d) Except treatment provided pursuant to subsection 3, any other injury or illness incurred by the prisoner.
5. A medical facility furnishing treatment pursuant to subsection 4 shall attempt to collect the cost of the treatment from the prisoner or his insurance carrier. If the facility is unable to collect the cost and certifies to the appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.
Sec. 13. NRS 211.380 is hereby amended to read as follows:
211.380 1. The sheriff of each county may accept money and valuables in the physical possession of a prisoner at the time he is taken into custody. The sheriff shall account separately for all money so accepted and deposit the money in a trust fund which he has established in a bank or savings and loan association qualified to receive deposits of public money. During the time of the prisoners incarceration, the sheriff may also accept and deposit in the trust fund money belonging to the prisoner which is intended for use by the prisoner to purchase items at the commissary.
2. The sheriff:
(a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the board of county commissioners relating to the money and valuables as may be required from time to time.
(b) May permit withdrawals for immediate expenditure by a prisoner for personal needs ,[or] for payment to a person who is not incarcerated in the jail [.] or for payment required of a prisoner pursuant to sections 2 to 11, inclusive, of this act.
(c) Shall, upon the release of each prisoner, return his valuables and pay over to the prisoner any remaining balance in his individual account.
3. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the account established for the commissary pursuant to NRS 211.360. If a commissary has not been established, the interest and income earned must be deposited with the county treasurer for credit to the county general fund.
________
κ1995 Statutes of Nevada, Page 842κ
Assembly Bill No. 476Committee on Commerce
CHAPTER 334
AN ACT relating to sales of real property; requiring a seller of certain residential property to disclose the condition of the property; requiring the development of a form for disclosure; establishing remedies for a sellers delayed disclosure or nondisclosure of defects; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 113 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires:
1. Defect means a condition that materially affects the value or use of residential property in an adverse manner.
2. Disclosure form means a form that complies with the regulations adopted pursuant to section 3 of this act.
3. Dwelling unit means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one person who maintains a household or by two or more persons who maintain a common household.
4. Residential property means any land in this state to which is affixed not less than one nor more than four dwelling units.
5. Seller means a person who sells or intends to sell any residential property.
Sec. 3. The real estate division of the department of business and industry shall adopt regulations prescribing the format and contents of a form for disclosing the condition of residential property offered for sale. The regulations must ensure that the form:
1. Provides for an evaluation of the condition of any electrical, heating, cooling, plumbing and sewer systems on the property, and of the condition of any other aspects of the property which affect its use or value, and allows the seller of the property to indicate whether or not each of those systems and other aspects of the property has a defect of which the seller is aware.
2. Provides notice:
(a) Of the provisions of section 5 and subsection 5 of section 6 of this act.
(b) That the disclosures set forth in the form are made by the seller and not by his agent.
(c) That the sellers agent, and the agent of the purchaser or potential purchaser of the residential property, may reveal the completed form and its contents to any purchaser or potential purchaser of the residential property.
Sec. 4. 1. Except as otherwise provided in subsections 2 and 3:
(a) At least 10 days before residential property is conveyed to a purchaser:
(1) The seller shall complete a disclosure form regarding the residential property; and
(2) The seller or his agent shall serve the purchaser or his agent with the completed disclosure form.
κ1995 Statutes of Nevada, Page 843 (CHAPTER 334, AB 476)κ
(b) If, after service of the completed disclosure form but before conveyance of the property to the purchaser, a seller or his agent discovers a defect in the residential property that was not identified on the completed disclosure form or discovers that a defect identified on the completed disclosure form has become worse than was indicated on the form, the seller or his agent shall inform the purchaser or his agent of that fact, in writing, as soon as practicable after the discovery of that fact but in no event later than the conveyance of the property to the purchaser.
2. Subsection 1 does not apply to a sale or intended sale of residential property:
(a) By a government or governmental agency.
(b) Pursuant to a court order or by foreclosure or deed in lieu of foreclosure.
(c) Between any co-owners of the property, spouses or persons related within the third degree of consanguinity.
(d) Which is the first sale of a residence that was constructed by a licensed contractor and not occupied by the purchaser for more than 120 days.
(e) By and bank, thrift company, credit union, trust company, savings and loan association or mortgage or farm loan association, licensed as such under the laws of this state or of the United States, if it has acquired the property for development, for the convenient transaction of its business, or as a result of foreclosure of the property encumbered in good faith as security for a loan or other obligation it has originated or holds.
(f) By a person who takes temporary possession or control of or title to the property solely to facilitate the sale of the property on behalf of a person who relocates to another county, state or country before title to the property is transferred to a purchaser.
3. A purchaser of residential property may waive any of the requirements of subsection 1. Any such waiver is effective only if it is made in a written document that is signed by the purchaser and notarized.
Sec. 5. 1. Section 4 of this act does not require a seller to disclose a defect in residential property of which he is not aware.
2. A completed disclosure form does not constitute an express or implied warranty regarding any condition of residential property.
Sec. 6. 1. If a seller or his agent fails to serve a completed disclosure form in accordance with the requirements of section 4 of this act, the purchaser may, at any time before the conveyance of the property to the purchaser, rescind the agreement to purchase the property without any penalties.
2. If, before the conveyance of the property to the purchaser, a seller or his agent informs the purchaser or his agent, through the disclosure form or another written notice, of a defect in the property that was not identified in the agreement to purchase the property, the purchaser may:
(a) Rescind the agreement to purchase the property at any time before the conveyance of the property to the purchaser; or
(b) Recover from the seller the actual amount necessary to repair or replace the defective part of the property.
3. Rescission of an agreement pursuant to subsection 2 is effective only if made in writing, notarized and served not later than 4 working days after the date on which the purchaser is informed of the defect:
κ1995 Statutes of Nevada, Page 844 (CHAPTER 334, AB 476)κ
(a) On the holder of any escrow opened for the conveyance; or
(b) If an escrow has not been opened for the conveyance, on the seller or his agent.
4. Except as otherwise provided in subsection 5, if a seller conveys residential property to a purchaser without complying with the requirements of section 4 of this act or otherwise providing the purchaser or his agent with written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to the purchaser and which was not identified in the agreement to purchase the property, the purchaser is entitled to recover from the seller treble the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorneys fees. An action to enforce the provisions of this subsection must be commenced not later than 1 year after the purchaser discovers or reasonably should have discovered the defect or 2 years after the conveyance of the property to the purchaser, whichever occurs later.
5. A purchaser may not recover damages from a seller pursuant to subsection 4 on the basis of an error or omission in the disclosure form that was caused by the sellers reliance upon information provided to the seller by:
(a) An officer or employee of this state or any political subdivision of this state in the ordinary course of his duties; or
(b) A contractor, engineer, land surveyor or pesticide applicator, who was authorized to practice that profession in this state at the time the information was provided.
6. A purchaser of residential property may waive any of his rights under this section. Any such waiver is effective only if it is made in a written document that is signed by the purchaser and notarized.
Sec. 7. For the purposes of sections 2 to 7, inclusive, of this act:
1. A conveyance of property occurs:
(a) Upon the closure of any escrow opened for the conveyance; or
(b) If an escrow has not been opened for the conveyance, when the purchaser of the property receives the deed of conveyance.
2. Service of a document is complete:
(a) Upon personal delivery of the document to the person being served; or
(b) Three days after the document is mailed, postage prepaid, to the person being served at his last known address.
Sec. 8. The real estate division of the department of business and industry shall adopt the regulations required by section 3 of this act on or before October 1, 1995.
Sec. 9. This act becomes effective upon passage and approval for the purpose of adopting the regulations required by section 3 of this act and on January 1, 1996, for all other purposes.
________
κ1995 Statutes of Nevada, Page 845κ
Assembly Bill No. 479Committee on Commerce
CHAPTER 335
AN ACT relating to sales of real property; providing that certain deaths that previously occurred on the property are not material to the transaction; excluding the agent of a buyer from liability for failure to disclose certain facts concerning the property unless otherwise agreed; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 40.565 is hereby amended to read as follows:
40.565 1. In any sale of real property, the fact that the property is or has been:
(a) The site of a homicide, suicide or death by any other cause, except a death that results from a condition of the property, or the site of any crime punishable as a felony; or
(b) Occupied by a person exposed to the human immunodeficiency virus or suffering from acquired immune deficiency syndrome or any other disease that is not known to be transmitted through occupancy of the property,
is not material to the transaction.
2. A seller or any agent of the seller is not liable to the buyer in any action at law or in equity because of the failure to disclose any fact described in subsection 1 [.] that is not material to the transaction.
3. Except as otherwise provided in an agreement between a buyer and his agent, an agent of the buyer is not liable to the buyer in any action at law or in equity because of the failure to disclose any fact described in subsection 1 that is not material to the transaction.
________
Assembly Bill No. 461Committee on Transportation
CHAPTER 336
AN ACT relating to airports; expanding the authorized term for certain contracts, leases and other arrangements concerning airport facilities; revising the notice required regarding the public meeting to discuss such arrangements; authorizing certain municipal employees to collect certain information to be used for preliminary planning for certain facilities; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 495.040 is hereby amended to read as follows:
495.040 1. The boards of county commissioners of the respective counties of the state [are authorized to] may lease real and personal property of their county for use and occupancy as airports, airport facilities or airport service, to whom and upon such conditions and terms as they deem proper, for a term or terms not exceeding 50 years.
κ1995 Statutes of Nevada, Page 846 (CHAPTER 336, AB 461)κ
service, to whom and upon such conditions and terms as they deem proper, for a term or terms not exceeding 50 years.
2. Before entering into any agreement for the lease of property as set forth in subsection 1, the board of county commissioners shall publish notice of [such] its intention in [some paper] a newspaper of general circulation published within [their] the county at least once a week for [a period of] 21 days or three times during a period of 10 days. If there is not a newspaper of general circulation within the county, the board shall post a notice of its intention in a public place at least once a week for 30 days. The notice [shall] must specify that a regular meeting is to be held , [after completion of such publication,] at which meeting any interested person may appear . [, and no] No such lease or agreement [shall] may be entered into by the board until [the publication and meeting heretofore provided for shall be had.] after the notice has been given and a meeting held as provided in this subsection.
Sec. 2. Chapter 496 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An employee of a municipality who is not registered as a professional land surveyor pursuant to chapter 625 of NRS may collect information to be used exclusively by the municipality for preliminary planning for development of new airports or air navigation facilities or improvements to existing airports or air navigation facilities within the municipality.
2. If, based on the information collected pursuant to this section, the municipality elects to initiate or proceed with such a project, the municipality shall comply with the provisions of chapter 625 of NRS governing the:
(a) Preparation of the maps, plans, specifications, reports and estimates required for the project; and
(b) Execution or supervision of all other practices of land surveying associated with the project.
Sec. 3. NRS 496.090 is hereby amended to read as follows:
496.090 1. In operating an airport or air navigation facility or any other facilities appertaining to the airport owned, leased or controlled by a municipality, the municipality may, except as limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, enter into:
(a) Contracts, leases and other arrangements with any persons:
(1) Granting the privilege of using or improving the airport or air navigation facility, or any portion or facility thereof, or space therein, for commercial purposes. The municipality may, if it determines that an improvement benefits the municipality, reimburse the person granted the privilege for all or any portion of the cost of making the improvement.
(2) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility or other facilities.
(3) Making available services to be furnished by the municipality or its agents or by other persons at the airport or air navigation facility or other facilities.
(4) Providing for the maintenance of the airport or air navigation facility, or any portion or facility thereof, or space therein.
(5) Allowing residential occupancy of property acquired by the municipality.
κ1995 Statutes of Nevada, Page 847 (CHAPTER 336, AB 461)κ
(b) Contracts for the sale of revenue bonds or other securities whose issuance is authorized by the Local Government Securities Law or NRS 496.150 or 496.155, for delivery within 10 years after the date of the contract.
2. In each case the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service and must be established with due regard to the property and improvements used and the expenses of operation to the municipality.
3. As an alternative to the procedure provided in subsection 2 of NRS 496.080, to the extent of its applicability, the governing body of any municipality may authorize it to enter into any such contracts, leases and other arrangements with any persons, as provided in this section, for a period not exceeding [40] 50 years, upon such terms and conditions as the governing body deems proper.
4. Before entering into any such contract, lease or other arrangements, the municipality shall publish notice of its intention in general terms in [some paper] a newspaper of general circulation within the municipality at least once a week for 21 days or three times during a period of 10 days. If there is not a [paper] newspaper of general circulation within the municipality, the municipality shall post a notice of its intention in a public place at least once a week for 30 days. The notice must specify that a regular meeting of the governing body is to be held, at which meeting any interested person may appear. No such contract, lease or other arrangement may be entered into by the municipality until after the notice has been given and a meeting held as provided in this subsection.
5. Any member of a municipalitys governing body may vote on any such contract, lease or other arrangement notwithstanding the fact that the term of the contract, lease or other arrangement may extend beyond his term of office.
Sec. 4. The amendatory provisions of section 1 of this act do not apply to leases of county property which are entered into pursuant to NRS 495.040 before October 1, 1995.
________
κ1995 Statutes of Nevada, Page 848κ
Assembly Bill No. 439Committee on Commerce
CHAPTER 337
AN ACT relating to mobile home parks; revising the requirements and procedure for the provision of assistance from the trust fund for low-income owners of mobile homes; authorizing the recovery of money incorrectly paid from the trust fund; imposing a civil penalty upon a person who fraudulently attempts to obtain assistance from the trust fund; specifying the terms and conditions of tenancy of a tenant who remains in possession of a mobile home lot without the landlords consent after the expiration of the term of the rental agreement; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in NRS 118B.213, 118B.215 and 118B.218 and sections 2 to 7, inclusive, of this act, trust fund means the trust fund for low-income owners of mobile homes created pursuant to NRS 118B.215.
Sec. 3. Each application for assistance from the trust fund must include:
1. A statement that any applicant who fails to report:
(a) Information required to be included in the application which he knew at the time he signed the application; or
(b) Any change in his eligibility pursuant to NRS 118B.218,
may be personally liable to the division for any assistance incorrectly paid to him.
2. The provisions of section 5 of this act.
Sec. 4. The division may recover from a person who receives assistance from the trust fund an amount not to exceed the assistance incorrectly paid to him if he failed to report:
1. Information required to be included in the application which he knew at the time he signed the application; or
2. Any change in his eligibility pursuant to NRS 118B.218.
Sec. 5. 1. Any person who knowingly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain with the intent to cheat or defraud the division assistance from the trust fund in an amount of $100 or more is personally liable for:
(a) Any assistance incorrectly paid to that person;
(b) The costs of any investigation conducted by the division to determine whether that person received assistance incorrectly;
(c) Court costs;
(d) Attorneys fees; and
(e) A civil penalty of not more than $1,000.
2. The division may bring an action to recover a civil penalty imposed pursuant to subsection 1 and shall deposit any money recovered with the state treasurer for credit to the trust fund.
Sec. 6. 1. The division shall notify an applicant for or recipient of assistance from the trust fund of its decision to deny or terminate assistance by mailing to the applicant or recipient a notice of its decision by certified mail, return receipt requested, to the last known address of the applicant or recipient.
κ1995 Statutes of Nevada, Page 849 (CHAPTER 337, AB 439)κ
mailing to the applicant or recipient a notice of its decision by certified mail, return receipt requested, to the last known address of the applicant or recipient. The notice must:
(a) Specify the reasons for the denial or termination of assistance; and
(b) Contain a statement informing the applicant or recipient that a hearing will be provided if a written request for a hearing is filed by the applicant or recipient within 20 days after he receives the notice.
2. An applicant or recipient may, within 20 days after he receives notice pursuant to subsection 1, file a written request for a hearing with the division. If the division does not receive a request for a hearing within 20 days after the applicant or recipient receives the notice pursuant to subsection 1, the divisions decision becomes final and is not subject to judicial review.
3. If an applicant for or recipient of assistance requests a hearing within 20 days after he receives notice pursuant to subsection 1, a hearing must be conducted before a hearing officer appointed by the director of the department of business and industry or a person designated by him within 60 days after receipt of the request. The division shall notify the applicant or recipient of the time, place and date of the hearing. An applicant whose application for assistance has been denied has the burden of proving that he is entitled to receive assistance. The division has the burden of proving the grounds for terminating the assistance provided to a recipient.
4. The hearing officer shall issue a decision within 30 days after the hearing and mail a copy of the decision to the applicant or recipient. The decision of the hearing officer is a final decision for purposes of judicial review.
Sec. 7. 1. At least twice each year, the division shall:
(a) Prepare a list of persons who are eligible to receive assistance from the trust fund; and
(b) Determine whether the amount of money in the trust fund is sufficient to provide assistance to each person whose name appears on the list.
2. If the division determines that the amount of money in the trust fund is not sufficient to provide assistance to each person whose name appears on the list, the division shall determine which of those eligible persons will receive assistance from the trust fund.
3. The division shall prepare a list of the persons who are eligible to receive assistance from the trust fund but do not receive assistance because the amount of money in the trust fund is insufficient to provide assistance to those persons. The division shall ensure that the persons whose names appear on that list receive assistance from the trust fund as soon as practicable after the money to provide that assistance becomes available.
4. Each person who receives assistance from the trust fund must receive a percentage of his rent which is equal to the percentage of rent received by every other person who receives assistance from the trust fund.
Sec. 8. NRS 118B.190 is hereby amended to read as follows:
118B.190 1. An oral or written agreement between a landlord and tenant for the rental or lease of a mobile home lot in a mobile home park in this state, or for the rental or lease of a lot for a recreational vehicle in an area of a mobile home park in this state other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:
κ1995 Statutes of Nevada, Page 850 (CHAPTER 337, AB 439)κ
must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:
(a) Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection 6 of NRS 118B.200.
(b) Ten days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.
(c) One hundred and eighty days in advance if the termination is because of a change in the use of the land by the landlord pursuant to NRS 118B.180.
(d) Forty-five days in advance if the termination is for any other reason.
2. The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination must be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. The termination must be in accordance with the provisions of NRS 118B.200 and reference alone to a provision of that section does not constitute sufficient specificity [under] pursuant to this subsection.
3. The service of such a notice does not enhance the landlords right, if any, to enter the tenants mobile home. Except in an emergency, the landlord shall not enter the mobile home of the tenant served with such a notice without the tenants permission or a court order allowing the entry.
4. If a tenant remains in possession of the mobile home lot [with the landlords consent] after expiration of the term of the rental agreement, the tenancy is from week to week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month to month. The tenants continued occupancy is on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.
5. The landlord and tenant may agree to a specific date for termination of the agreement. If any provision of this chapter specifies a period of notice which is longer than the period of a particular tenancy, the required length of the period of notice is controlling.
Sec. 9. NRS 118B.213 is hereby amended to read as follows:
118B.213 1. In addition to the fee established pursuant to NRS 118B.185, except as otherwise provided in subsection 3, the owner of a mobile home park shall pay to the division an annual fee of $12 for each lot within the park that was occupied at any time during the year. The owner shall not impose a fee or surcharge to recover from his tenants the costs resulting from the annual fee per lot paid pursuant to this subsection, or any related penalty.
2. The administrator shall notify the owner of each mobile home park in [the] this state on or before July 1 of each year of the fee imposed pursuant to this section.
3. If on May 15 of that year the balance in the trust fund [for low-income owners of mobile homes] which is attributable to deposits pursuant to this section exceeds $1,000,000, the administrator shall not charge or collect a fee pursuant to this section. [He] The administrator shall resume the collection in any year when the balance on May 15 is less than $750,000. The administrator shall request the state treasurer to inform him of the applicable balance of the fund on May 15 of each year.
κ1995 Statutes of Nevada, Page 851 (CHAPTER 337, AB 439)κ
4. If an owner fails to pay the fee within 30 days after receiving written notice from the administrator to do so, a penalty of 50 percent of the amount of the fee must be added.
5. All fees and penalties collected by the division pursuant to this section must be deposited in the state treasury for credit to the trust fund . [for low-income owners of mobile homes created pursuant to NRS 118B.215.]
Sec. 10. NRS 118B.215 is hereby amended to read as follows:
118B.215 1. There is hereby created in the state treasury the trust fund for low-income owners of mobile homes, to be administered by the division. All money received for the use of the trust fund pursuant to NRS 118B.213 or from any other source must be deposited in the trust fund.
2. The interest and income earned on the money in the trust fund, after deducting any applicable charges, must be credited to the trust fund. All claims against the trust fund must be paid as other claims against the state are paid.
3. The money in the trust fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the mobile home lot on which their mobile home is located. To be eligible for assistance from the trust fund a person must:
(a) [Have] Except as otherwise provided in this subsection, have been a tenant in [a] the same mobile home park in this state for at least 1 year immediately preceding his application for assistance;
(b) Own the mobile home which is subject to the tenancy;
(c) Have a monthly household income which is at or below [$750 or the] :
(1) The federally designated level signifying poverty [,] or $750, whichever is greater [; and] , if the person is the sole occupant of the mobile home; or
(2) The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the mobile home;
(d) Be a tenant in a mobile home park and maintain continuous tenancy in that park during the duration of the supplemental assistance [.] ; and
(e) Not have assets whose value is more than $10,000, excluding the value of the mobile home which is subject to the tenancy, the contents of that mobile home and one motor vehicle.
A person who has been a tenant of a mobile home park in this state for at least 1 year, but has not been a tenant of the mobile home park in which he resides at the time he applies for assistance for at least 1 year, is eligible for assistance from the trust fund if he moved to the mobile home park in which he resides at the time of his application because he was unable to pay the rent at the mobile home park from which he moved or because that park was closed.
4. The [division shall administer the provisions of this section and may adopt regulations necessary for that purpose. The division shall] administrator shall adopt regulations establishing :
(a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the division with a written acknowledgment of his continued eligibility for assistance [.
5. The] ; and
κ1995 Statutes of Nevada, Page 852 (CHAPTER 337, AB 439)κ
(b) The maximum amount of assistance which may be distributed to a person to supplement his monthly rent pursuant to this section . [is an amount equal to the difference between $150 and the amount of rent charged for the lot, but in no case may the supplement exceed the average monthly rent charged per mobile home lot in the county in which the mobile home is located.]
5. As used in this section, monthly household income means the combined monthly incomes of the occupants of a mobile home which is subject to the tenancy for which assistance from the trust fund is requested.
________
Assembly Bill No. 669Committee on Government Affairs
CHAPTER 338
AN ACT relating to counties; providing that specified statutory provisions relating to county roads, highways and bridges do not apply to certain counties; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 403 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of this chapter do not apply to a county whose population is 100,000 or more.
Sec. 2. This act becomes effective on July 1, 1995.
________
Senate Bill No. 527Committee on Finance
CHAPTER 339
AN ACT relating to subsidized transportation; transferring responsibility for the administration of the program to subsidize the transportation by taxicab of the elderly and the permanently handicapped from the taxicab authority to the aging services division of the department of human resources; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.8825 is hereby amended to read as follows:
706.8825 1. All fees collected pursuant to NRS 706.881 to 706.885, inclusive, must be deposited with the state treasurer to the credit of the taxicab authority fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the fund.
κ1995 Statutes of Nevada, Page 853 (CHAPTER 339, SB 527)κ
transactions for each county subject to those sections must be accounted for separately within the fund.
2. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
3. The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated to defray the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.
4. The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841 and 706.8848 to 706.885, inclusive, are hereby appropriated to defray the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business.
5. Any balance remaining in the fund does not revert to the state general fund. The administrator may [use] transfer to the aging services division of the department of human resources any balance over $200,000 and any interest earned on the fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for the elderly and the permanently handicapped in taxicabs. [If the administrator undertakes such a program, he shall accept as evidence of the permanent handicap a certificate from a physician licensed in this state which describes the character and extent of the permanent handicap.] The money transferred to the aging services division must be administered in accordance with regulations adopted by the administrator of the aging services division pursuant to NRS 427A.070.
6. The administrator may establish an account for petty cash not to exceed $1,000 for the support of undercover investigation and, if the account is created, the administrator shall reimburse the account from the taxicab authority fund in the same manner as other claims against the state are paid.
Sec. 2. NRS 427A.070 is hereby amended to read as follows:
427A.070 1. The administrator shall:
(a) Subject to the approval of the director, adopt rules and regulations [necessary] :
(1) Necessary to carry out the purposes of this chapter; and
(2) Establishing a program to subsidize the transportation by taxicab of the elderly and the permanently handicapped from money received pursuant to subsection 5 of NRS 706.8825;
(b) Establish appropriate administrative units within the division;
(c) Appoint such personnel and prescribe their duties as he deems necessary for the proper and efficient performance of the functions of the division;
(d) Prepare and submit to the governor, through the director before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;
(e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and
(f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.
2. The administrator may delegate to any officer or employee of the division such of his powers and duties as he finds necessary to carry out the purposes of this chapter.
κ1995 Statutes of Nevada, Page 854 (CHAPTER 339, SB 527)κ
Sec. 3. 1. Notwithstanding the provisions of section 1 of this act which remove the statutory authorization for the taxicab authority to establish a program to subsidize transportation for the elderly and the permanently handicapped in taxicabs, the regulations adopted by the taxicab authority which establish such a program and which are codified as NAC 706.858 to 706.870, inclusive, remain in effect until, and expire upon, the effective date of the regulations required to be adopted pursuant to section 2 of this act by the administrator of the aging services division of the department of human resources with respect to such a program.
2. During the period that the regulations codified as NAC 706.858 to 706.870, inclusive, remain in effect pursuant to subsection 1:
(a) All references in those regulations to:
(1) The authority shall be deemed to refer to the aging services division of the department of human resources; and
(2) The administrator shall be deemed to refer to the administrator of the aging services division of the department of human resources.
(b) The money transferred to the aging services division of the department of human resources pursuant to section 1 of this act must be administered in accordance with those regulations, notwithstanding the provisions of section 1 of this act to the contrary.
Sec. 4. This act becomes effective on July 1, 1995.
________
Senate Bill No. 366Committee on Finance
CHAPTER 340
AN ACT relating to courts; increasing the number of district judges of the eighth judicial district; increasing the number of those district judges that must be judges of the family court; making an appropriation; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.018 is hereby amended to read as follows:
3.018 For the eighth judicial district there must be [22] 24 district judges, [6] 8 of whom must be judges of the family court.
Sec. 2. 1. The additional district judges required for the eighth judicial district pursuant to section 1 of this act must be selected at the general election held on November 5, 1996, and shall take office on January 6, 1997.
2. The terms of these judges expire on January 6, 2003.
Sec. 3. 1. There is hereby appropriated from the state general fund the sum of $100,251 for the salaries and judicial pensions of the additional district judges required by section 1 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1995 Statutes of Nevada, Page 855 (CHAPTER 340, SB 366)κ
Sec. 4. Notwithstanding the provisions of subsection 1 of NRS 354.599, each local government shall pay any additional expenses related to the provisions of this act from existing revenues of that local government.
Sec. 5. 1. This section and sections 2 and 4 of this act become effective on October 1, 1995.
2. Section 3 of this act becomes effective on July 1, 1996.
3. Section 1 of this act becomes effective on November 5, 1996.
________
Assembly Bill No. 570Committee on Judiciary
(Requested by Assemblyman Ohrenschall)
CHAPTER 341
AN ACT relating to crimes; providing a penalty for certain convicted habitually fraudulent felons; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A person who:
(a) Has been convicted in this state of any felony committed on or after July 1, 1995, of which fraud or intent to defraud is an element; and
(b) Has previously been two times convicted, whether in this state or elsewhere, of any felony of which fraud or intent to defraud is an element before the commission of the felony under paragraph (a) of this subsection, is a habitually fraudulent felon and shall be punished by imprisonment in the state prison for not less than 5 years nor more than 20 years, if the victim of each offense was 65 years of age or older or a mentally disabled person.
2. The prosecuting attorney shall include a count under this section in any information or shall file a notice of habitually fraudulent felon if an indictment is found, if the prior convictions and the alleged offense committed by the accused are felonies of which fraud or intent to defraud is an element and the victim of each offense was:
(a) Sixty-five years of age or older; or
(b) A mentally disabled person.
3. As used in this section, mentally disabled person means a person who has a mental impairment which is medically documented and substantially limits one or more of the persons major life activities. The term includes, but is not limited to, a person who:
(a) Is mentally retarded;
(b) Suffers from a severe mental or emotional illness;
(c) Has a severe learning disability; or
κ1995 Statutes of Nevada, Page 856 (CHAPTER 341, AB 570)κ
(d) Is experiencing a serious emotional crisis in his life as a result of the fact that he or a member of his immediate family has a catastrophic illness.
Sec. 3. 1. A conviction under NRS 207.010 or section 2 of this act operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
2. If a count under NRS 207.010 or section 2 of this act is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but such a conviction must not be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A court under NRS 207.010 or section 2 of this act may be separately filed after conviction of the primary offense, but if it is so filed, sentence must not be imposed, or the hearing required by subsection 3 held, until 15 days after the separate filing.
3. If a defendant charged under NRS 207.010 or section 2 of this act is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. At such a hearing, the defendant may not challenge the validity of a previous conviction. The court shall impose sentence:
(a) Under NRS 207.010 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality; or
(b) Under section 2 of this act upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitually fraudulent felon.
4. Nothing in the provisions of this section, NRS 207.010 or section 2 of this act limits the prosecution in introducing evidence of prior convictions for purposes of impeachment or another lawful purpose.
5. For the purposes of this section, NRS 207.010 and section 2 of this act, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
Sec. 4. NRS 207.010 is hereby amended to read as follows:
207.010 1. [Every] Unless the person is prosecuted pursuant to section 2 of this act, a person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has previously been twice convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, is [an] a habitual criminal and shall be punished by imprisonment in the state prison for not less than 10 years nor more than 20 years.
2. [Every] Unless the person is prosecuted pursuant to section 2 of this act, a person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has previously been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, is a habitual criminal and shall be punished by imprisonment in the state prison for life with or without the possibility of parole.
κ1995 Statutes of Nevada, Page 857 (CHAPTER 341, AB 570)κ
amount to a felony, or who has previously been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, is a habitual criminal and shall be punished by imprisonment in the state prison for life with or without the possibility of parole. If the penalty fixed by the court is life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
3. [Conviction under this section operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
4.] It is within the discretion of the [district] prosecuting attorney whether or not to include a count under this section in any information or file a notice of habitual criminality if an indictment is found. The trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.
[5. If a count under this section is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A count under this section may be separately filed after conviction of the primary offense, but if it is so filed, sentence must not be imposed, or the hearing required by subsection 6 held, until 15 days after the separate filing.
6. If a defendant charged under this section is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. The court shall impose sentence pursuant to subsections 1 and 2 of this section upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality.
7. Nothing in this section limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.
8. A certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.]
Sec. 5. NRS 173.095 is hereby amended to read as follows:
173.095 1. The court may permit an indictment or information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
2. If an indictment is found charging a primary offense upon which a charge of habitual criminality may be based, the [district] prosecuting attorney may file a notice of habitual criminality with the court. If an indictment is found charging a primary offense upon which a charge of habitually fraudulent felon may be based, the prosecuting attorney shall file a notice of habitually fraudulent felon with the court.
3. The court shall permit an information to be amended pursuant to subsection 4 of NRS 173.035.
Sec. 6. NRS 176.185 is hereby amended to read as follows:
176.185 1. Whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the defendant is found to be a habitual criminal pursuant to NRS 207.010 [,] or a habitually fraudulent felon pursuant to section 2 of this act, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable.
κ1995 Statutes of Nevada, Page 858 (CHAPTER 341, AB 570)κ
the first or second degree, kidnaping in the first degree, sexual assault, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the defendant is found to be a habitual criminal pursuant to NRS 207.010 [,] or a habitually fraudulent felon pursuant to section 2 of this act, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.
2. If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.
3. The district judge shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the judge receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, but if [no] a report is not submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
4. If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
Sec. 7. NRS 646.020 is hereby amended to read as follows:
646.020 1. Every pawnbroker doing business in any incorporated city or unincorporated town in this state shall maintain in his place of business a book or other permanent record in which must be legibly written in the English language, at the time of each loan or purchase a record thereof containing:
(a) The date and time of the transaction.
(b) The name or other identification of the person or employee conducting the transaction.
(c) The name, age, street and house number, the serial number of one piece of positive identification or a work permit issued pursuant to NRS 463.335 and a general description of the complexion, color of hair [,] and facial appearance of the person with whom the transaction is had. In lieu of recording the serial number of a piece of positive identification or a work permit, the record may contain an indication that the pawnbroker knows the person with whom the transaction is had.
(d) A description of the property received in pledge. In the case of watches, the description must contain the name of the maker and the number of the works or the case. In the case of jewelry, all letters and marks inscribed thereon must be included in the description.
κ1995 Statutes of Nevada, Page 859 (CHAPTER 341, AB 570)κ
(e) The amount loaned.
(f) The number of any pawn ticket issued therefor.
2. The person with whom a transaction is had shall, at the time of the transaction, certify in writing that he has the legal right to pledge or sell the property.
3. The record and all goods received must at all times during the ordinary hours of business be open to the inspection of the [district] prosecuting attorney or of any peace officer.
Sec. 8. NRS 646.060 is hereby amended to read as follows:
646.060 A pawnbroker, and a clerk, agent or employee of a pawnbroker, is guilty of a misdemeanor if he:
1. Fails to make an entry of any material matter in his book or record kept as provided for in NRS 646.020.
2. Makes a false entry in his book or record.
3. Obliterates, destroys or removes from his place of business the book or record.
4. Refuses to allow the [district] prosecuting attorney or a peace officer to inspect the book or record of any goods in his possession, during the ordinary hours of business.
5. Reports a material matter falsely to the sheriff or to the chief of police.
6. Fails to report [forthwith] immediately to the sheriff or to the chief of police the possession of property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.
7. Removes property received or allows it to be removed from his place of business, except upon redemption by the owner thereof, within 30 days after the receipt thereof is reported to the sheriff or to the chief of police.
8. Receives property from a person under the age of 18 years, common drunkard, habitual user of controlled substances, habitual criminal, habitually fraudulent felon, person in an intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.
9. Violates any of the provisions of NRS 646.050.
Sec. 9. NRS 647.110 is hereby amended to read as follows:
647.110 1. Every secondhand dealer doing business in any incorporated city or unincorporated town in this state shall maintain in his place of business a book or other permanent record in which must be legibly written in the English language, at the time of each purchase, a record thereof containing:
(a) The date of the transaction.
(b) The name or other identification of the person or employee conducting the transaction.
(c) The name, age, drivers license number, street and house number and a general description of the complexion, color of hair and facial appearance of the person with whom the transaction is had.
(d) If the transaction involves household furniture, the license number of the vehicle delivering each purchase.
(e) A description of the property bought. In the case of watches, the description must contain the name of the maker and the number of the works or the case.
κ1995 Statutes of Nevada, Page 860 (CHAPTER 341, AB 570)κ
or the case. In the case of jewelry, all letters and marks inscribed on the jewelry must be included in the description. When the article bought is furniture, or the contents of any house or room actually inspected on the premises, a general record of the transaction is sufficient.
(f) The price paid.
2. The record and all goods received must at all times during the ordinary hours of business be open to the inspection of the [district] prosecuting attorney or of any peace officer.
Sec. 10. NRS 647.140 is hereby amended to read as follows:
647.140 A secondhand dealer and a clerk, agent or employee of a second-hand dealer is guilty of a misdemeanor if he:
1. Fails to make an entry of any material matter in his book or record kept as provided for in NRS 647.110.
2. Makes a false entry in his book or record.
3. Obliterates, destroys or removes from his place of business the book or record.
4. Refuses to allow the [district] prosecuting attorney or a peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business.
5. Reports a material matter falsely to the sheriff or to the chief of police.
6. Fails to report [forthwith] immediately to the sheriff or to the chief of police the possession of property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom he received the property.
7. Removes specifically marked or otherwise individually identifiable property received or allows it to be removed from his place of business in violation of the provisions of NRS 647.130.
8. Receives property from a person under the age of 18 years, common drunkard, habitual user of controlled substances, habitual criminal, habitually fraudulent felon, person in an intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another.
Sec. 11. Section 1 of Assembly Bill No. 396 of this session is hereby amended to read as follows:
Section 1. NRS 176.185 is hereby amended to read as follows:
176.185 1. [Whenever] Except as otherwise provided in this section, whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the defendant is found to be a habitual criminal pursuant to NRS 207.010 or a habitually fraudulent felon pursuant to section 2 of [this act,] Assembly Bill No. 570 of this session, may be its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court.
κ1995 Statutes of Nevada, Page 861 (CHAPTER 341, AB 570)κ
certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.
2. If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.
3. The district judge shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the judge receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
4. If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
Sec. 12. This act becomes effective on July 1, 1995.
________
Senate Bill No. 562Committee on Finance
CHAPTER 342
AN ACT relating to substance abuse; eliminating the office of the coordinator of the program for substance abuse education, prevention, enforcement and treatment; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 458.370 is hereby amended to read as follows:
458.370 As used in NRS 458.370 to [458.440,] 458.420, inclusive, unless the context otherwise requires [:
1. Commission] , commission means the commission on substance abuse education, prevention, enforcement and treatment.
[2. Coordinator means the coordinator of the program for substance abuse, education, prevention and treatment.]
κ1995 Statutes of Nevada, Page 862 (CHAPTER 342, SB 562)κ
Sec. 2. NRS 458.400 is hereby amended to read as follows:
458.400 1. The commission may accept gifts, grants, appropriations and donations if its acceptance does not reduce, limit or cause it to be in competition for money normally available to local agencies and community programs, unless otherwise provided by a specific statute.
2. All money received by the commission must be deposited in the fund for substance abuse education, prevention, enforcement and treatment which is hereby created as a special revenue fund.
3. The money in the fund may be used only to:
(a) Make grants to programs for substance abuse education, prevention, enforcement and treatment; and
(b) Carry out the provisions of NRS 458.370 to [458.440,] 458.420, inclusive.
4. All claims against the fund must be paid as other claims against the state are paid.
5. Any money received by the commission on the condition that it be expended for a specific purpose must be accounted for separately in the fund.
Sec. 3. NRS 458.430 and 458.440 are hereby repealed.
Sec. 4. This act becomes effective on July 1, 1995.
________
Senate Bill No. 255Senators Adler, Mathews and Regan
CHAPTER 343
AN ACT relating to education; delaying the prospective expiration of the authority of boards of trustees of school districts to establish rules concerning school-based decision making; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 5 of chapter 644, Statutes of Nevada 1993, at page 2887, is hereby amended to read as follows:
Sec. 5. This act becomes effective on July 1, 1993, and expires by limitation on June 30, [1997.] 1999.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1995 Statutes of Nevada, Page 863κ
Senate Bill No. 230Committee on Natural Resources
CHAPTER 344
AN ACT relating to wildlife; establishing the wildlife heritage trust account in the state general fund; specifying the purposes for which the money in the account may be used; requiring the board of wildlife commissioners to administer the account and to review and approve expenditures from the account; revising the method by which big game tags may be awarded; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The wildlife heritage trust account is hereby created in the state general fund. The money in the account must be used by the division as provided in this section for the protection, propagation, restoration, transplantation, introduction and management of any game fish, game mammal, game bird or fur-bearing mammal in this state.
2. Money received by the division from:
(a) A bid, auction or partnership in wildlife drawing conducted pursuant to NRS 502.250; and
(b) A gift of money made by any person to the wildlife heritage trust account,
must be deposited with the state treasurer for credit to the account.
3. The interest and income earned on the money in the wildlife heritage trust account, after deducting any applicable charges, must be credited to the account.
4. The division may annually expend from the wildlife heritage trust account an amount of money not greater than the interest earned on the money in the account during the previous year. The commission shall review and approve expenditures from the account. No money may be expended from the account without the prior approval of the commission.
5. The commission shall administer the provisions of this section and may adopt any regulations necessary for that purpose.
Sec. 2. NRS 501.356 is hereby amended to read as follows:
501.356 1. Money received by the division from:
(a) The sales of licenses;
(b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;
(c) Remittances from the state treasurer pursuant to the provisions of NRS 365.535;
(d) Appropriations made by the legislature; and
(e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857 [,] or money deposited in the wildlife heritage trust account pursuant to section 1 of this act,
must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
2. The interest and income earned on the money in the wildlife account, after deducting any applicable charges, must be credited to the account.
κ1995 Statutes of Nevada, Page 864 (CHAPTER 344, SB 230)κ
3. The division may use money in the wildlife account only to carry out the provisions of this Title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.
Sec. 3. NRS 502.250 is hereby amended to read as follows:
502.250 1. Except as otherwise provided in subsection 5, the following fees must be charged for tags:
Resident deer tag for regular season.................................................. $15
Nonresident and alien deer tag for regular season........................... 60
Resident antelope tag........................................................................... 50
Resident elk tag...................................................................................... 100
Resident bighorn tag............................................................................. 100
Resident mountain goat tag................................................................ 100
Resident mountain lion tag.................................................................. 50
2. Other resident big game tags for special seasons must not exceed $50. Other nonresident big game tags for special seasons must not exceed $1,000.
3. Tags determined to be necessary by the commission for other species pursuant to NRS 502.130, must not exceed $100.
4. A fee not to exceed $10 may be charged for processing an application for a tag other than an elk tag. A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk tag, $5 of which must be deposited with the state treasurer for credit to the wildlife account in the state general fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this state.
5. The commission may accept sealed bids for or auction [two bighorn sheep tags, one antelope tag, one elk tag and two deer] not more than 15 big game tags each year. [The] To reimburse the division for the cost of managing the wildlife and administering and conducting the bid or auction, not more than 18 percent of the total amount of money received from the bid or auction [must] may be deposited with the state treasurer for credit to the wildlife account in the state general fund. Any amount of money received from the bid or auction that is not so deposited must be deposited with the state treasurer for credit to the wildlife heritage trust account in the state general fund in accordance with the provisions of section 1 of this act.
6. The commission may by regulation establish an additional drawing for big game tags, which may be entitled the partnership in wildlife drawing. The money received by the division from applicants in the drawing who are not awarded big game tags must be deposited with the state treasurer for credit to the wildlife heritage trust account in accordance with the provisions of section 1 of this act.
Sec. 4. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 865κ
Senate Bill No. 223Committee on Finance
CHAPTER 345
AN ACT relating to state financial administration; creating an account for the channel clearance, surveying and monumenting program; authorizing restoration of the balance in the account from the contingency fund; authorizing the payment of certain obligations arising from remedial actions relating to a dam from the reserve for statutory contingency account; making appropriations; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 532 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The account for the channel clearance, surveying and monumenting program is hereby created in the state general fund.
2. The money in the account must be administered by the state engineer and must be expended only to aid local governments in the manner provided in NRS 532.220.
3. If the balance in the account is below $25,000, the state engineer may request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.
Sec. 2. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency account is hereby created in the state general fund.
2. The state board of examiners shall administer the reserve for statutory contingency account, and the money in the account must be expended only for:
(a) The payment of claims which are obligations of the state pursuant to NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
(b) The payment of claims which are obligations of the state pursuant to:
(1) Chapter 472 of NRS arising from operations of the division of forestry of the state department of conservation and natural resources directly involving the protection of life and property; and
(2) NRS 7.155, 34.750, 176.223, 178.465, 179.225, 213.153 and 293B.210,
but the claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted; [and]
(c) The payment of claims which are obligations of the state pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the fund for insurance premiums is insufficient to pay the claims [.] ; and
(d) The payment of claims which are obligations of the state pursuant to NRS 535.030 arising from remedial actions taken by the state engineer when the condition of a dam becomes dangerous to the safety of life or property.
κ1995 Statutes of Nevada, Page 866 (CHAPTER 345, SB 223)κ
Sec. 3. NRS 353.266 is hereby amended to read as follows:
353.266 1. The contingency fund is hereby created as a trust fund. Money for the fund must be provided by direct legislative appropriation.
2. Money in the contingency fund may be allocated and expended within the limitations and in the manner provided in NRS 353.268, 353.269 and 538.650:
(a) For emergency use to supplement regular legislative appropriations which fail to cover unforeseen expenses ; [.]
(b) To meet expenses under requirements of law [.] ; or
(c) As provided by specific statute.
Sec. 4. There is hereby appropriated from the state general fund to the account for the channel clearance, surveying and monumenting program created by section 1 of this act the sum of $50,000 for the channel clearance, surveying and monumenting program established by NRS 532.220.
Sec. 5. 1. There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $190,900 to be expended for the following purposes:
(a) For repairs to the outlet channel, abutment and access road at South Fork Dam; and
(b) For removal of debris, recontouring of dike crests and the surrounding channel, construction of a gaging station upstream of the dam on the south fork of the Humboldt River and equipment for the gaging station.
2. The division of water resources of the state department of conservation and natural resources is hereby authorized to accept any federal matching money available to offset the cost to the state general fund of expenses incurred by the division for the repair and construction of, and equipment for, the gaging station upstream of the dam on the south fork of the Humboldt River.
3. Any remaining balance of the appropriation made by subsection 1 of this section 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. 6. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
κ1995 Statutes of Nevada, Page 867κ
Assembly Bill No. 704Committee on Ways and Means
CHAPTER 346
AN ACT relating to vehicles; authorizing the drivers education and safety officer to provide grants for safety education; revising the provisions governing the distribution of an additional fee for drivers licenses; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.203 is hereby amended to read as follows:
483.203 The position of drivers education and safety officer is hereby created in the department. The drivers education and safety officer [shall] :
1. Shall plan and administer a program of safety education which includes safety information concerning interaction among motor vehicles, bicycles and pedestrians.
2. May provide grants to local governmental entities, including school districts, for assistance in carrying out the program of safety education.
Sec. 2. NRS 483.415 is hereby amended to read as follows:
483.415 1. The department shall charge and collect a fee of 50 cents, in addition to the fees set forth in NRS 483.410, for every drivers license, including a motorcycle drivers license, issued or renewed.
2. The department shall deposit the money into the highway and safety administrative account which is hereby created in the state highway fund. The money in the account may be used only as follows:
(a) [Sixty-five] Thirty-five percent of the money must be used for the support of the position of motor vehicle recovery and transportation planner created within the department of transportation pursuant to NRS 408.234; and
(b)[Thirty-five] Sixty-five percent of the money must be used for the support of the position of drivers education and safety officer created pursuant to NRS 483.203 [.] , and to carry out the provisions of that section.
Sec. 3. 1. Notwithstanding the provisions of NRS 483.415, the unencumbered balance of the money which on July 1, 1995, has accrued for expenditure pursuant to paragraph (a) of subsection 2 of that section must be designated for expenditure pursuant to paragraph (b) of subsection 2 of that section.
2. The state controller shall take such action as is necessary to carry out the provisions of subsection 1.
Sec. 4. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 868κ
Assembly Bill No. 692Committee on Ways and Means
CHAPTER 347
AN ACT relating to motor vehicles; abolishing the highway patrol special account; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.155 is hereby amended to read as follows:
481.155 1. Except as otherwise provided in this section, the chief of the Nevada highway patrol may enter into a contract with any person or governmental agency to provide services for the control of vehicular traffic related to or affected by any special event sponsored by the person or agency.
2. Any such contract:
(a) Must require the sponsor of the special event to reimburse the Nevada highway patrol for the cost of the services provided.
(b) May require the sponsor to furnish a bond to ensure that reimbursement is made.
(c) Is subject to the following limitations:
(1) The services provided pursuant to the contract must be provided by personnel of the Nevada highway patrol.
(2) The services required must not impair the ability of the Nevada highway patrol to perform its customary duties.
3. Any money received by the Nevada highway patrol pursuant to such a contract must be deposited with the state treasurer for credit to the motor vehicle fund. . [or the highway patrol special account, as appropriate for the services provided.]
4. As used in this section, special event has the meaning ascribed to it in NRS 484.900.
Sec. 2. NRS 481.145 is hereby repealed.
Sec. 3. On July 1, 1995, or as soon thereafter as practicable, the state controller shall transfer the balance in the highway patrol special account which is not committed for expenditure to the state highway fund.
Sec. 4. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 869κ
Assembly Bill No. 690Committee on Commerce
CHAPTER 348
AN ACT relating to podiatry; revising the requirements for a license to practice podiatry; requiring the holder of a temporary license to practice podiatry under the direct supervision of a podiatric physician licensed to practice in this state; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 635.050 is hereby amended to read as follows:
635.050 1. Any person desiring to practice podiatry in this state must furnish the board with satisfactory proof that he:
(a) Is of good moral character.
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c) Has received the degree of D.P.M. (Doctor of Podiatric Medicine) from an accredited school of podiatry.
(d) Has completed a residency [or an internship which consisted of at least 1 year of practical experience under the direction of a licensed podiatric physician.] approved by the board.
(e) Has passed the examination given by the National Board of Podiatry Examiners.
(f) Has not committed any act described in subsection 2 of NRS 635.130. For the purposes of this paragraph, an affidavit signed by the applicant stating that he has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.
2. [Upon payment of a fee, not exceeding $600, which must be established by regulation of the board, and the presentation of satisfactory proof as required by subsection 1, the] An applicant is entitled to be examined by the board or a committee thereof [under] pursuant to such regulations as the board may adopt [.] if he:
(a) Pays the fee for an application for a license of not more than $600;
(b) Pays the fee for the examination for a license of not more than $200; and
(c) Submits proof satisfactory to the board as required by subsection 1.
The board shall, by regulation, establish the fees required to be paid pursuant to this subsection.
3. The board may reject an application if it appears that the applicants credentials are fraudulent or [he] the applicant has practiced podiatry without a license [to do so.] or committed any act described in subsection 2 of NRS 635.130.
4. The board may require such further documentation or proof of qualification as it may deem proper.
Sec. 2. NRS 635.082 is hereby amended to read as follows:
635.082 1. A graduate of an accredited school of podiatry may, during his residency, [internship or preceptorship,] be granted a temporary license to practice podiatry under the direct supervision of a [licensed] podiatric physician [.]
κ1995 Statutes of Nevada, Page 870 (CHAPTER 348, AB 690)κ
physician [.] licensed to practice in this state. A temporary license must not be effective for more than 1 year and is not renewable.
2. An applicant for a temporary license must furnish the board with satisfactory proof that he:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(b) Has received the degree of D.P.M. (Doctor of Podiatric Medicine) from an accredited school of podiatry.
(c) Has passed the examination given by the National Board of Podiatry Examiners.
3. Upon payment of a fee, not exceeding $600, which must be established by regulation of the board, and the presentation of satisfactory proof as required by subsection 2, an applicant is entitled to be examined by the board or a committee thereof [under] pursuant to such regulations as the board may adopt.
4. The board may by regulation govern the issuance and conditions of the temporary license.
Sec. 3. NRS 635.130 is hereby amended to read as follows:
635.130 1. The board, after notice and hearing, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:
(a) [Refuse] Deny an application for a license or refuse to renew a license.
(b) Suspend or revoke a license.
(c) Place a licensee on probation.
(d) Impose a fine not to exceed $5,000.
(e) Require the licensee to pay all costs incurred by the board relating to the discipline of the licensee.
2. The board may take disciplinary action against a licensee for any of the following causes:
(a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure [under] pursuant to the provisions of this chapter.
(b) Lending the use of the holders name to an unlicensed person.
(c) If the holder is a podiatric physician, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.
(d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the board incapacitates the holder in the performance of his professional duties.
(e) Conviction of a crime involving moral turpitude.
(f) Conviction of violating any of the provisions of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive.
(g) Conduct which in the opinion of the board disqualifies him to practice with safety to the public.
(h) The commission of fraud by or on behalf of the licensee regarding his license or practice.
(i) Gross incompetency.
κ1995 Statutes of Nevada, Page 871 (CHAPTER 348, AB 690)κ
(j) Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatric physician or podiatry hygienist.
(k) False representation by or on behalf of the licensee regarding his practice.
(l) Unethical or unprofessional conduct.
(m) Willful or repeated violations of this chapter or regulations adopted by the board.
(n) Willful violation of the regulations adopted by the state board of pharmacy.
Sec. 4. NRS 635.080 is hereby repealed.
________
Assembly Bill No. 677Committee on Judiciary
CHAPTER 349
AN ACT relating to sentencing; authorizing a county to create a department of alternative sentencing; providing the duties of a department of alternative sentencing; providing that the chief and assistants of a department of alternative sentencing have the powers of a peace officer for certain purposes; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 16 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. Assistant means an assistant alternative sentencing officer employed pursuant to subsection 1 of section 12 of this act.
Sec. 4. Board means a board of county commissioners.
Sec. 5. Chief means the chief of a department of alternative sentencing.
Sec. 6. Court means a court having jurisdiction over a person who is charged with a misdemeanor.
Sec. 7. Department means a department of alternative sentencing created pursuant to section 9 of this act.
Sec. 8. Probationer means a person who has been convicted of a misdemeanor, who:
1. Has had his sentence suspended pursuant to NRS 4.373 or 5.055, and is serving that suspended sentence; or
2. Has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076, and is serving that term of residential confinement.
κ1995 Statutes of Nevada, Page 872 (CHAPTER 349, AB 677)κ
Sec. 9. The board of each county may create a department of alternative sentencing to provide a program of supervision for probationers.
Sec. 10. The chief:
1. Must be appointed by the action of a majority of the board.
2. Must have at least 5 years of experience, with an increasing level of responsibility, in the field of law enforcement, corrections or supervision of persons on probation or parole.
3. Is in the unclassified service of the county.
Sec. 11. The department shall:
1. Supervise a probationer, who as a condition of a suspended sentence or a sentence to residential confinement, is released under the supervision of the department by the court.
2. At the time a probationer is released under the supervision of the department:
(a) Provide the probationer with a written statement describing the terms or conditions of the suspended sentence or residential confinement imposed by the court; and
(b) Explain the terms or conditions to the probationer.
3. Be knowledgeable about the conduct and activities of each probationer under the supervision of the department.
4. Use all reasonable methods to assist a probationer under the supervision of the department to improve his conduct and comply with the terms or conditions of his suspended sentence or residential confinement.
5. Collect and disburse any money in accordance with the orders of the court and make a written record of any money so collected or disbursed.
6. Cooperate with and assist any agency of law enforcement and any agency providing social services as requested by the court, or a necessary to fulfill the duties of the department.
Sec. 12. The chief shall:
1. Hire assistant alternative sentencing officers and other employees as necessary to carry out the responsibilities of the department within the limitations of appropriations to the department by the board.
2. Direct the work of all assistants and employees.
3. Be responsible for the fiscal affairs of the department.
4. Be responsible for the completion of any report regarding an investigation or the supervision of a probationer and any report requested by the court or the board.
5. After reviewing and considering recognized correctional programs and courses for training correctional staff, develop and provide to assistants and other employees training in methods and policies regarding the investigation and supervision of probationers, the recordkeeping of the department and the reporting on matters relating to probationers.
6. Submit a written report, on or before January 31 of each year, to the board and to each court having jurisdiction over a probationer under his supervision, setting forth in detail the activities of the department during the previous calendar year. The report must include statistical data concerning the departments activities and operations and the probationers who were under the supervision of the department during that period.
κ1995 Statutes of Nevada, Page 873 (CHAPTER 349, AB 677)κ
7. Advise the court of any probationer who has violated the terms or conditions of his suspended sentence or residential confinement.
Sec. 13. An assistant shall:
1. Maintain detailed written records of his daily work;
2. Make any report as required by the court or the chief; and
3. Carry out any duty of the department as assigned by the chief.
Sec. 14. 1. The board shall adopt a schedule of fees to be imposed on probationers to defray the cost of the supervision of a probationer. The schedule adopted must provide for a monthly fee of not less than $20 for the supervision of a probationer.
2. Except as otherwise provided in subsection 3:
(a) The department shall charge each probationer the fee set forth in the schedule adopted pursuant to subsection 1.
(b) Payment of the required fee by the probationer is a condition of his suspended sentence or residential confinement.
3. If the chief determines that payment of the fee would result in economic hardship to a probationer, the chief may waive the imposition of, or reduce the amount of, the fee. If the chief waives the imposition of the fee, payment of the fee by the probationer does not constitute a condition of his suspended sentence or residential confinement.
Sec. 15. 1. Any information regarding a probationer obtained by the chief, an assistant or other employee of the department in the discharge of his duties shall be deemed confidential. Except as otherwise provided in subsection 2, the chief, an assistant or other employee of the department shall not disclose such information.
2. The chief, an assistant or other employee of the department shall disclose information obtained in the discharge of his duties to the court or the district attorney upon request, or to any other person as ordered by the court or as provided by law.
Sec. 16. NRS 4.3768 is hereby amended to read as follows:
4.3768 [The] If the county in which a justices court is situated does not have a department of alternative sentencing, the justices court may contract with a qualified person to administer a program of supervision for persons whose sentences have been suspended pursuant to NRS 4.373 or who are sentenced to a term of residential confinement pursuant to NRS 4.3762. If the county in which the justices court is situated has a department of alternative sentencing, the chief of that department shall administer the program of supervision.
Sec. 17. NRS 5.079 is hereby amended to read as follows:
5.079 [The] If the county in which a municipal court is situated does not have a department of alternative sentencing, the municipal court may contract with a qualified person to administer a program of supervision for persons whose sentences have been suspended pursuant to NRS 5.055 or who are sentenced to a term of residential confinement pursuant to NRS 5.076. If the county in which the municipal court is situated has a department of alternative sentencing, the chief of that department shall administer the program of supervision.
Sec. 18. NRS 281.0317 is hereby amended to read as follows:
281.0317 1. The following persons have the powers of a peace officer:
κ1995 Statutes of Nevada, Page 874 (CHAPTER 349, AB 677)κ
(a) The chief parole and probation officer appointed pursuant to NRS 213.1092.
(b) Assistant parole and probation officers appointed pursuant to NRS 213.1095.
2. A juvenile probation officer or assistant juvenile probation officer whose official duties require him to enforce court orders on juvenile offenders and make arrests has the same powers as a peace officer when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
3. A director of juvenile services has the powers of a peace officer in his judicial district when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
4. The chief of the youth parole bureau of the division of child and family services in the department of human resources and the parole officers of the bureau have the powers of a peace officer in carrying out the functions of the bureau.
5. A director of a department of family, youth and juvenile services established pursuant to NRS 62.1264 has the powers of a peace officer in the county when carrying out duties pursuant to chapter 62 of NRS, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.
6. The chief of a department of alternative sentencing established pursuant to section 9 of this act and the assistant alternative sentencing officers of the department have the powers of a peace officer in the county when carrying out duties pursuant to sections 11, 12 and 13 of this act, including the power to arrest an adult criminal offender or detain a juvenile offender encountered while carrying out those duties.
Sec. 19. NRS 481.053 is hereby amended to read as follows:
481.053 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.
κ1995 Statutes of Nevada, Page 875 (CHAPTER 349, AB 677)κ
(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 NRS 432B.610 and 432B.620.
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:
(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 NRS 281.0353, 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;
κ1995 Statutes of Nevada, Page 876 (CHAPTER 349, AB 677)κ
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 NRS 62.1264 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 [.] ; and
(21) The chief of a department of alternative sentencing created pursuant to section 9 of this act and the assistant alternative sentencing officers employed by that department.
(b) Category III peace officer means peace officers whose authority is limited to correctional services, and includes the superintendents and correctional officers of the department of prisons.
________
Assembly Bill No. 673Assemblymen Dini and de Braga
CHAPTER 350
AN ACT relating to livestock; authorizing the division of agriculture of the department of business and industry to regulate the circumstances under which a permit may be granted authorizing the movement of livestock without a brand inspection; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 565.090 is hereby amended to read as follows:
565.090 1. [It] Except as otherwise provided in subsections 3 and 6, it is unlawful for any person to drive or otherwise remove any animals out of a brand inspection district created under the provisions of this chapter until the animals have been inspected and a brand inspection clearance certificate is issued by the division or a written permit from the division has been issued authorizing the movement without brand inspection.
2. Any person contemplating the driving or movement of any animals out of a brand inspection district shall notify the division or an inspector thereof of his intention, stating:
(a) The place at which it is proposed to cross the border of the brand inspection district with the animals.
(b) The number and kind of [the] animals.
κ1995 Statutes of Nevada, Page 877 (CHAPTER 350, AB 673)κ
(c) The owner of the animals.
(d) The brands and marks of the animals claimed by each owner and, if they are other than the brands and marks legally recorded in the name of the owner, information as to what the claim to ownership or legal possession is based upon.
(e) The date of the proposed movement across the border of the brand inspection district and the destination of the movement.
(f) [A] If a brand inspection is required, a statement as to where the animals will be held for brand inspection.
3. This section does not apply to animals whose accustomed range is on both sides of the boundary of any brand inspection district but contiguous to that district and which are being moved from one portion of the accustomed range to another merely for pasturing and grazing thereon.
4. All the provisions of this section apply at all times to the movement of any animals across the Nevada state line to any point outside of the State of Nevada, excepting animals whose accustomed range is on both sides of the Nevada state line but contiguous thereto and which are being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon.
5. In addition to the penalty imposed in NRS 565.170, a person who violates subsection 1 is:
(a) For the first violation, subject to an immediate brand inspection of the animals by the division and shall reimburse the division for its time and mileage and pay the usual fees for the brand inspection.
(b) For the second and any subsequent violation, ineligible for a permit to move any livestock without brand inspection until the state board of agriculture is satisfied that any future movement will comply with all applicable statutes and regulations.
6. The division may establish regulations specifying the circumstances under which a permit may be issued authorizing the movement of livestock without a brand inspection pursuant to this section. Such circumstances may include, without limitation, routine movement of horses and bulls within and from this state for the purpose of participating in a rodeo.
Sec. 2. NRS 565.110 is hereby amended to read as follows:
565.110 [1. Any person or persons] Except as otherwise provided in NRS 565.090, a person intending to move, drive, ship or transport by common carrier, or otherwise, any animals out of any brand inspection district created under the provisions of this chapter shall assemble and hold [the same] them at some convenient and adequate place for such brand inspection as may be required until the animals have been inspected and released as provided for in this chapter.
[2. The provisions of this section do not apply to any animals for the movement of which out of such brand inspection district without brand inspection a permit has been issued by the division or an inspector thereof in accordance with the provisions of NRS 565.090.]
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κ1995 Statutes of Nevada, Page 878κ
Assembly Bill No. 644Committee on Judiciary
CHAPTER 351
AN ACT relating to greyhound racing; permitting greyhound racing at certain locations in larger counties; imposing a fee and requiring reimbursement of the cost of regulating the conducting of such racing with pari-mutuel wagering; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 466 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Resort hotel means any building or group of buildings that is maintained as and held out to the public to be a hotel where sleeping accommodations are furnished to the transient public and that has:
1. More than 1,000 rooms available for sleeping accommodations;
2. At least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;
3. At least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and
4. A gaming area within the building or group of buildings.
Sec. 3. 1. Each licensee conducting racing with pari-mutuel wagering on greyhound races in a county whose population is 400,000 or more shall, in lieu of the tax otherwise imposed by NRS 466.125, pay to the commission a fee on all gross revenue, at the same time and rate and in the same manner as fees are paid pursuant to NRS 463.370.
2. In addition, the licensee shall pay to the commission an amount equal to all costs of the board in the regulation of racing at his establishment as determined pursuant to a regulation adopted by the commission. The board shall estimate the costs and may require a deposit to be paid by the licensee in advance as a condition precedent to issuing a license. After the issuance of the license, the licensee shall remit the costs with his payment of fees on gross revenue, based upon the boards estimate. The board may adjust its estimate at any time upon 30 days advance written notice to the licensee.
3. On or before July 31 of each year, the board shall provide the licensee with an itemized accounting of the costs incurred through June 30. If the boards actual costs are greater than the amount paid by the licensee, the licensee shall remit the difference within 30 days after receiving the itemized accounting from the board. If the boards actual costs are less than the amount paid by the licensee, then the board shall refund to the licensee the excess amount paid within 30 days. A licensee may file, pursuant to the procedures set forth in NRS 463.3883, a petition for redetermination of the itemized accounting of the costs within 30 days after the board provides the itemized accounting of costs if the petition is accompanied by payment in full of all costs itemized by the board. A petition for redetermination:
κ1995 Statutes of Nevada, Page 879 (CHAPTER 351, AB 644)κ
(a) May challenge only the accuracy of the itemized accounting of the costs of the licensee and the amount of fees on gross revenue owed by the licensee based on those costs; and
(b) May not challenge the extent or scope of the regulatory authority of the board.
4. Except as otherwise provided in this section, the fees on gross revenue and costs of regulation which a licensee conducting racing with pari-mutuel wagering on greyhound races is required to pay pursuant to this section are subject to the provisions in chapter 463 of NRS.
5. As used in this section, gross revenue means the total amount collected and not returned to patrons from pari-mutuel wagers on greyhound races.
Sec. 4. NRS 466.095 is hereby amended to read as follows:
466.095 The Nevada gaming commission shall not issue any license to conduct pari-mutuel wagering in connection with any greyhound race unless:
1. Greyhound racing is permitted by a special charter of a city to be conducted in that city and a license to conduct the race has been issued by the city council or other governing body of that city; [or]
2. The county license board of a county [having a population of] whose population is less than 100,000 has issued a license to conduct the race in the county outside of an incorporated city [.] ; or
3. The track at which the greyhound racing will be held is located in a county whose population is 400,000 or more has issued a license to conduct the race and the race is to be conducted on the premises of a resort hotel.
Sec. 5. NRS 466.115 is hereby amended to read as follows:
466.115 A license must not be issued to conduct pari-mutuel wagering at a track which is less than 100 miles from another track at which pari-mutuel betting is already licensed to be conducted during the race meet of the track first licensed unless:
1. A different type of race is conducted at the second track; [or]
2. The second track is a county fair race meeting authorized by the commission which does not exceed 10 days in duration during that calendar year [.] ; or
3. The other track or tracks are located in a county whose population is 400,000 or more and on the premises of a resort hotel.
Sec. 6. NRS 466.125 is hereby amended to read as follows:
466.125 1. [Each] Except as otherwise provided in section 3 of this act, each licensee conducting racing with pari-mutuel wagering shall pay to the commission for the use of the state a tax at the rate of 2 percent on all pari-mutuel money handled on horse or mule races and 4 percent on all pari-mutuel money handled on greyhound races during the race meeting.
2. State fair associations, agricultural societies, county fair and recreation boards, county agricultural associations and nonprofit organizations formed to conduct race meetings shall pay 1 percent of the pari- mutuel money handled during race meetings.
3. Each licensee conducting racing with pari-mutuel wagering, except a state fair association, agricultural society, county fair and recreation board or other association to which state or county aid is given, shall distribute not less than 8 percent of all pari-mutuel money handled on horse or mule races as purses to the owners of the horses or mules winning those races.
κ1995 Statutes of Nevada, Page 880 (CHAPTER 351, AB 644)κ
than 8 percent of all pari-mutuel money handled on horse or mule races as purses to the owners of the horses or mules winning those races.
Sec. 7. NRS 244.347 is hereby amended to read as follows:
244.347 1. The county license board of a county whose population is less than 100,000 , or is 400,000 or more, may license greyhound racing in the county outside of an incorporated city.
2. An application for licensing under this section must not be considered unless the applicant has first been approved for licensing pursuant to chapter 466 of NRS by the Nevada gaming commission. Each member of the firm, partnership, association or corporation receiving the license must have been approved by the county license board before the license is issued. Not more than one such license may be issued in a county whose population is less than 100,000 and it is not transferable.
3. Such racing is subject to the control of the state gaming control board and the Nevada gaming commission. Pari-mutuel wagering may be permitted at the track where such racing occurs.
________
Assembly Bill No. 642Committee on Judiciary
CHAPTER 352
AN ACT relating to public utilities; providing for the perfection and for notice of security interests in the property of public utilities separately from the Uniform Commercial Code; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 106 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires:
1. Public utility has the meaning ascribed to it in NRS 704.020.
2. Security instrument means a mortgage, deed of trust, security agreement or other instrument executed to secure the payment of a bond, note or other obligation of a public utility and includes an amendment or supplement to such an instrument.
3. The words and terms defined in chapter 104 of NRS have the meanings ascribed to them in that chapter.
Sec. 3. 1. The provisions of sections 2 to 9, inclusive, of this act, apply to a public utility only if the public utility elects to file a security instrument pursuant to section 4 of this act and then only as to the method of perfection or notice of that security instrument.
2. Except as otherwise provided in subsection 3 of section 5 of this act, a public utility shall not change the method of perfection or notice of a security instrument from a method allowed pursuant to a provision other than sections 2 to 9, inclusive, of this act, to the method allowed by sections 2 to 9, inclusive, of this act.
κ1995 Statutes of Nevada, Page 881 (CHAPTER 352, AB 642)κ
2 to 9, inclusive, of this act, to the method allowed by sections 2 to 9, inclusive, of this act.
3. Once a security instrument has been filed pursuant to section 4 of this act, the public utility shall not change the method of perfection or notice for that security instrument pursuant to a provision other than sections 2 to 9, inclusive, of this act.
Sec. 4. 1. Presentation of a security instrument to the secretary of state or a county recorder for filing and tender of the statutory filing fee or acceptance of the security instrument by the secretary of state or county recorder, if the security instrument states conspicuously on its title page: This Instrument Grants A Security Interest By A Public Utility constitutes:
(a) Perfection of a security interest created by the security instrument in any personal property, including goods which are, or are to become, fixtures, in which a security interest may be perfected by filing pursuant to NRS 104.9101 to 104.9507, inclusive, located in this state or in the county and owned by the public utility when the security instrument was executed or to be acquired by the public utility after execution of the security instrument; and
(b) Notice to all persons of the existence of the security instrument and the interest granted therein, as security, in any real property or fixtures thereon, or to be placed thereon, located in this state or in the county and owned by the public utility when the security instrument was executed or to be acquired by the public utility after the execution of the security instrument if the security instrument is proved or acknowledged and certified as required by law for the recording of conveyances of real property.
2. The filed security instrument must:
(a) Identify the property by type, character or description if it is presently owned personal property, including fixtures;
(b) Provide a description of the property if it is presently owned real property; and
(c) State conspicuously on its title page: This Instrument Contains After-Acquired Property Provisions if the property is to be acquired after the execution of the security instrument.
3. A description of real or personal property in a security instrument is sufficient, whether or not it is specific, if it reasonably identifies what is described.
4. The provisions of NRS 104.9101 to 104.9507, inclusive, pertaining to priorities and remedies apply to security interests in personal property, including fixtures, perfected under this section.
Sec. 5. 1. The perfection or notice provided by a security instrument filed pursuant to section 4 of this act is effective from the date of presentation for filing until the interest granted as security is released by the filing of a termination statement or a release or reconveyance of all or a part of the property signed by the secured party or trustee. No renewal, refilling or continuation statement is required to continue this effectiveness.
2. Perfection or notice providing by a security instrument covering real or personal property located in this state which was filed with the secretary of state or recorded in the office of a county recorder before October 1, 1995, or which was filed or recorded before March 1, 1967, in compliance with the law in effect at the time of its filing or recordation, remains effective for the period provided by the law in effect at the time of its filing or recordation.
κ1995 Statutes of Nevada, Page 882 (CHAPTER 352, AB 642)κ
law in effect at the time of its filing or recordation, remains effective for the period provided by the law in effect at the time of its filing or recordation.
3. Such an instrument may be filed anew pursuant to section 4 of this act, and if so filed has the effect given to security instruments originally filed pursuant to sections 2 to 9, inclusive, of this act. The priority of such a filing dates from the time that the security interest was first filed with the secretary of state or recorded in the office of a county recorder and not from the date the instrument is filed anew pursuant to section 4 of this act.
Sec. 6. 1. If a security instrument filed with the secretary of state grants an interest, as security, in any real property owned by the public utility, a notice of filing of a security instrument affecting real property must be recorded in the office of the county recorder in the county where the real property is located, stating:
(a) The name of the public utility which executed the security instrument;
(b) That a security instrument affecting real property in the county has been executed by the public utility; and
(c) That the security instrument was filed, and other security instruments may later be on file, in the office of the secretary of state.
The notice required by this section must be acknowledged or proved and certified in the manner provided in chapter 111 of NRS and in NRS 240.161 to 240.168, inclusive.
2. After such recording, no notice need be recorded regarding other security instruments executed by the public utility. The notice recorded under subsection 1 is sufficient to provide notice of all subsequent security instruments:
(a) Executed by the public utility;
(b) Filed with the secretary of state; and
(c) Granting an interest, as security, in any real property, and fixtures thereto, located in the county where the notice is recorded.
3. Notices recorded pursuant to subsection 1 must be recorded and indexed by the county recorder in the same records and indexes as are mortgages on real property.
Sec. 7. 1. If a public utility changes its name or merges or consolidates with another person after the presentation for filing of a security instrument executed by it, a written statement of the change, merger or consolidation must promptly be presented for filing to the secretary of state and each county where a notice has been recorded pursuant to section 6 of this act. The statement must be signed by the secured party and the public utility, identify the appropriate security instrument by file number and state the name of the public utility after the change, merger or consolidation.
2. A security instrument presented for filing before the change, merger or consolidation is not effective to provide perfection or notice of interests granted as security in property acquired by the public utility more than 4 months after the change, merger or consolidation, unless the written statement required by this section is presented for filing before the expiration of that time.
Sec. 8. 1. The secretary of state or county recorder shall mark any security instrument and any statement of change, merger or consolidation presented for filing with the day and hour of filing and the file number assigned to it.
κ1995 Statutes of Nevada, Page 883 (CHAPTER 352, AB 642)κ
assigned to it. This mark is, in the absence of other evidence, conclusive proof of the time and fact of presentation for filing.
2. The secretary of state or county recorder shall retain and file all security instruments and statements of change, merger or consolidation presented for filing.
3. The uniform fee for filing and indexing a security instrument, or a supplement or amendment thereto, and a statement of change, merger or consolidation, and for stamping a copy of those documents furnished by the secured party or the public utility, to show the date and place of filing is $15 if the document is in the standard form prescribed by the secretary of state and otherwise is $20, plus $1 for each additional debtor or trade name.
Sec. 9. Upon the request of any person, the secretary of state shall issue his certificate showing whether there is on file on the date and hour stated therein, any presently effective security instrument naming a particular public utility, and if there is, giving the date and hour of filing of the instrument and the names and addresses of each secured party. The uniform fee for such a certificate is $15 if the request for the certificate is in the standard form prescribed by the secretary of state and otherwise is $20. Upon request the secretary of state or a county recorder shall furnish a copy of any filed security instrument upon payment of the statutory fee for copies.
Sec. 10. NRS 104.9104 is hereby amended to read as follows:
104.9104 This article does not apply:
1. To a security interest subject to any statute of the United States such as the Ship Mortgage Act, 1920, to the extent that such statute governs the rights of parties to and third parties affected by transactions in particular types of property; [or]
2. To a landlords lien; [or]
3. To a lien given by statute or other rule of law for services or materials except as provided in NRS 104.9310, on priority of such liens; [or]
4. To a transfer of a claim for wages, salary or other compensation of an employee; [or]
5. To a transfer by a government or governmental subdivision or agency; [or]
6. To a sale of accounts or chattel paper as part of a sale of the business out of which they arose, or an assignment of accounts or chattel paper which is for the purpose of collection only, or a transfer of a right to payment under a contract to an assignee who is also to do the performance under the contract or a transfer of a single account to an assignee in whole or partial satisfaction of a preexisting indebtedness; [or]
7. To a transfer of an interest or claim in or under any policy of insurance, except as provided with respect to proceeds (NRS 104.9306) and priorities in proceeds (NRS 104.9312); [or]
8. To a right represented by a judgment (other than a judgment taken on a right to payment which was collateral); [or]
9. To any right of setoff; [or]
10. Except to the extent that provision is made for fixtures in NRS 104.9313, to the creation or transfer of an interest in or lien on real estate, including a lease or rents thereunder; [or]
11. To a transfer in whole or in part of any claim arising out of tort; [or]
κ1995 Statutes of Nevada, Page 884 (CHAPTER 352, AB 642)κ
12. To a transfer of an interest in any deposit account (subsection 1 of NRS 104.9105), except as provided with respect to proceeds (NRS 104.9306) and priorities in proceeds (NRS 104.9312) [.] ; or
13. Perfection or notice of a security interest created by a security instrument as defined in section 2 of this act.
Sec. 11. NRS 104.9105 is hereby amended to read as follows:
104.9105 1. In this article unless the context otherwise requires:
(a) Account debtor means the person who is obligated on an account, chattel paper or general intangible.
(b) Chattel paper means a writing or writings which evidence both a monetary obligation and a security interest in or a lease of specific goods but a charter or other contract involving the use or hire of a vessel is not chattel paper. When a transaction is evidenced both by such a security agreement or a lease and by an instrument or a series of instruments, the group of writings taken together constitutes chattel paper.
(c) Collateral means the property subject to a security interest, and includes accounts and chattel paper which have been sold.
(d) Debtor means the person who owes payment or other performance of the obligation secured, whether or not he owns or has rights in the collateral, and includes the seller of accounts or chattel paper. Where the debtor and the owner of the collateral are not the same person, the term debtor means the owner of the collateral in any provision of the article dealing with the collateral, the obligor in any provision dealing with the obligation, and may include both where the context so requires.
(e) Deposit account means a demand, time, savings, passbook or like account maintained with a bank, savings and loan association, credit union or like organization, other than an account evidenced by a certificate of deposit.
(f) Document means document of title as defined in the general definitions of article 1 (NRS 104.1201), and a receipt of the kind described in subsection 2 of NRS 104.7201.
(g) Encumbrance includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests.
(h) Goods includes all things which are movable at the time the security interest attaches or which are fixtures (NRS 104.9313), but does not include money, documents, instruments, accounts, chattel paper, general intangibles or minerals or the like (including oil and gas) before extraction. Goods also include standing timber which is to be cut and removed under a conveyance or contract for sale, the unborn young of animals and growing crops.
(i) Instrument means a negotiable instrument (defined in NRS 104.3104), or a security (defined in NRS 104.8102) or any other writing which evidences a right to the payment of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary endorsement or assignment.
(j) Mortgage means a consensual interest created by a real estate mortgage, a trust deed on real estate or the like.
(k) An advance is made pursuant to commitment if the secured party has bound himself to make it, whether or not a subsequent event of default or other event not within his control has relieved or may relieve him from his obligation.
κ1995 Statutes of Nevada, Page 885 (CHAPTER 352, AB 642)κ
(l) Security agreement means an agreement which creates or provides for a security interest.
(m) Secured party means a lender, seller or other person in whose favor there is a security interest, including a person to whom accounts or chattel paper have been sold. When the holders of obligations issued under an indenture of trust, equipment trust agreement or the like are represented by a trustee or other person, the representative is the secured party.
[(n) Transmitting utility means any person primarily engaged in the railroad, street railway or trolley bus business, the electric or electronics communications transmission business, the transmission of goods by pipeline, or the transmission or the production and transmission of electricity, steam, gas or water, or the provision of sewer service.]
2. Other definitions applying to this article and the sections in which they appear are:
Account. NRS 104.9106.
Attach. NRS 104.9203.
Construction mortgage. NRS 104.9313.
Consumer goods. Subsection 1 of NRS 104.9109.
Equipment. Subsection 2 of NRS 104.9109.
Farm products. Subsection 3 of NRS 104.9109.
Fixture. NRS 104.9313.
Fixture filing. NRS 104.9313.
General intangibles. NRS 104.9106.
Inventory. Subsection 4 of NRS 104.9109.
Lien creditor. Subsection 5 of NRS 104.9301.
Proceeds. Subsection 1 of NRS 104.9306.
Purchase money security interest. NRS 104.9107.
United States. NRS 104.9103.
3. The following definitions in other articles apply to this article:
Check. NRS 104.3104.
Contract for sale. NRS 104.2106.
Holder in due course. NRS 104.3302.
Note. NRS 104.3104.
Sale. NRS 104.2106.
4. In addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
Sec. 12. NRS 104.9302 is hereby amended to read as follows:
104.9302 1. A financing statement must be filed to perfect all security interests except the following:
(a) A security interest in collateral in possession of the secured party under NRS 104.9305.
(b) A security interest temporarily perfected in instruments or documents without delivery under NRS 104.9304 or in proceeds for a 10-day period under NRS 104.9306.
κ1995 Statutes of Nevada, Page 886 (CHAPTER 352, AB 642)κ
(c) A security interest created by an assignment of a beneficial interest in a trust or a decedents estate.
(d) A purchase money security interest in consumer goods; but filing is required for a motor vehicle required to be registered; and fixture filing is required for priority over conflicting interests in fixtures to the extent provided in NRS 104.9313.
(e) An assignment of accounts which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts of the assignor.
(f) A security interest of a collecting bank (NRS 104.4210) or arising under the article on sales (see NRS 104.9113) or covered in subsection 3.
(g) An assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder.
(h) An agreement for the financing of insurance premiums governed by NRS 686A.330 to 686A.520, inclusive.
2. If a secured party assigns a perfected security interest, no filing under this article is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
3. The filing of a financing statement otherwise required by this article is not necessary or effective to perfect a security interest in property subject to:
(a) A statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specified a place of filing different from that specified in this article for filing of the security interest;
(b) The following statutes of this state: NRS 482.423 to 482.431, inclusive, 488.1793 to 488.1827, inclusive, and 489.501 to 489.581, inclusive, and [704.205;] sections 2 to 9, inclusive, of this act; but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this article (part 4) apply to a security interest in that collateral created by him as debtor; or
(c) A certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (subsection 2 of NRS 104.9103)
4. Compliance with a statute or treaty described in subsection 3 is equivalent to the filing of a financing statement under this article, and a security interest in property subject to the statute or treaty can be perfected only by compliance therewith except as provided in NRS 104.9103 on multiple state transactions. Duration and renewal of perfection of a security interest perfected by compliance with the statute or treaty are governed by the provisions of the statute or treaty; in other respects the security interest is subject to this article.
Sec. 13. NRS 104.9401 is hereby amended to read as follows:
104.9401 1. The proper place to file in order to perfect a security interest is as follows:
(a) When the collateral is consumer goods, then in the office of the county recorder in the county of the debtors residence or if the debtor is not a resident of this state then in the office of the county recorder in the county where the goods are kept, and when the collateral is crops, growing or to be grown, in the office of the county recorder in the county where the land on which the crops are growing or to be grown is located.
κ1995 Statutes of Nevada, Page 887 (CHAPTER 352, AB 642)κ
grown, in the office of the county recorder in the county where the land on which the crops are growing or to be grown is located.
(b) [Except as otherwise provided in subsection 5, when] When the collateral is timber to be cut or is minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or when the financing statement is filed as a fixture filing (NRS 104.9313) and the collateral is goods which are or are to become fixtures, then in the office where a mortgage on the real estate would be filed or recorded.
(c) In all other cases, in the office of the secretary of state.
2. A filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this article and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement.
3. A filing which is made in the proper place in this state continues effective even though the debtors residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed.
4. The rules stated in NRS 104.9103 determine whether filing is necessary in this state.
5. [Notwithstanding the preceding subsections, and subsection 3 of NRS 104.9302, the proper place to file in order to perfect a security interest in collateral, including fixtures, of a transmitting utility is set forth in NRS 704.205. This constitutes a fixture filing (NRS 104.9313) as to the collateral described therein which is or is to become fixtures.
6.] For the purposes of this section, the residence of an organization is its place of business if it has one or its chief executive office if it has more than one place of business.
Sec. 14. NRS 104.9402 is hereby amended to read as follows:
104.9402 1. A financing statement is sufficient if it gives the names of the debtor and the secured party, is signed by the debtor, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor and contains a statement indicating the types, or describing the items, of collateral. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown, and if the debtor does not have an interest of record in the real estate, the financing statement must show the name of a record owner. When the financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or when the financing statement is filed as a fixture filing (NRS 104.9313) and the collateral is goods which are or are to become fixtures, the statement must also comply with subsection 5. A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by the debtor. A carbon, photographic or other reproduction of a security agreement or a financing statement is sufficient as a financing statement if the security agreement so provides or if the original has been filed in this state.
κ1995 Statutes of Nevada, Page 888 (CHAPTER 352, AB 642)κ
2. A financing statement which otherwise complies with subsection 1 is sufficient when it is signed by the secured party instead of the debtor if it is filed to perfect a security interest in:
(a) Collateral already subject to a security interest in another jurisdiction when it is brought into this state or when the debtors location is changed to this state. Such a financing statement must state that the collateral was brought into this state or that the debtors location was changed to this state under such circumstances; [or]
(b) Proceeds under NRS 104.9306 if the security interest in the original collateral was perfected. Such a financing statement must describe the original collateral; [or]
(c) Collateral as to which the filing has lapsed; or
(d) Collateral acquired after a change of name, identity or corporate structure of the debtor (subsection 7).
3. A form substantially as follows is sufficient to comply with subsection 1:
Name of debtor (or assignor)......................................................................................
Address
Name of secured party (or assignee).........................................................................
Address
(1) This financing statement covers the following types (or items) of property:
(Describe)
(2) (If collateral is crops) The above described crops are growing or are to be grown on:
(Describe real estate).................................................................................
(Record owner of such real estate)
(3) (If applicable) The above goods are to become fixtures on: (Or, where applicable, substitute either of the following: The above timber is standing on: . or The above minerals or the like (including oil and gas) or accounts will be financed at the wellhead or minehead of the well or mine located on: .)
(Describe real estate) . and this financing statement is to be filed for record in the real estate records. (If the debtor does not have an interest of record) The name of a record owner is .......................................................
(4) (If products of collateral are claimed) Products of the collateral are also covered.
(Use which- Signature of Debtor (or Assignor) .................................
ever is Signature of Secured Party (or
applicable) Assignee)............................................................................
4. A financing statement may be amended by filing a writing signed by both the debtor and the secured party. An amendment does not extend the period of effectiveness of a financing statement. If any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment. In this article, unless the context otherwise requires, the term financing statement means the original financing statement and any amendments.
κ1995 Statutes of Nevada, Page 889 (CHAPTER 352, AB 642)κ
financing statement means the original financing statement and any amendments.
5. A financing statement covering timber to be cut or covering minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or a financing statement filed as a fixture filing (NRS 104.9313), [where the debtor is not a transmitting utility,] must show that it covers this type of collateral, must recite that it is to be filed for record in the real estate records, and the financing statement must contain a description of the real estate sufficient if it were contained in a mortgage of the real estate to give constructive notice of the mortgage under the law of this state. If the debtor does not have an interest of record in the real estate, the financing statement must show the name of a record owner.
6. A mortgage is effective as a financing statement filed as a fixture filing from the date of its recording if:
(a) The goods are described in the mortgage by item or type;
(b) The goods are or are to become fixtures related to the real estate described in the mortgage;
(c) The mortgage complies with the requirements for a financing statement in this section other than a recital that it is to be filed in the real estate records; and
(d) The mortgage is duly recorded.
No fee with reference to the financing statement is required other than the regular recording and satisfaction fees with respect to the mortgage.
7. A financing statement sufficiently shows the name of the debtor if it gives the individual, partnership or corporate name of the debtor, whether or not it adds other trade names or the names of partners. Where the debtor so changes his name or in the case of an organization its name, identity or corporate structure that a filed financing statement becomes seriously misleading, the filing is not effective to perfect a security interest in collateral acquired by the debtor more than 4 months after the change, unless a new appropriate financing statement is filed before the expiration of that time. A filed financing statement remains effective with respect to collateral transferred by the debtor even though the secured party knows of or consents to the transfer.
8. A financing statement substantially complying with the requirements of this section is effective even though it contains minor errors which are not seriously misleading.
Sec. 15. NRS 104.9403 is hereby amended to read as follows:
104.9403 1. Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article.
2. Except as otherwise provided in subsection 6, a filed financing statement is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the 5-year period unless a continuation statement is filed before the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until expiration of the 5-year period, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing.
κ1995 Statutes of Nevada, Page 890 (CHAPTER 352, AB 642)κ
lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse.
3. A continuation statement may be filed by the secured party within 6 months [prior to] before the expiration of the 5-year period specified in subsection 2. Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection 2 unless another continuation statement is filed [prior to] before such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if he has retained a microfilm or other photographic record, or in other cases after 1 year after the lapse. Where the filing officer maintains a microfilm system he may, after microfilming the original document, return it to the person who presented it for filing. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if he physically destroys the financing statements of a period more than 5 years past, those which have been continued by a continuation statement or which are still effective under subsection 6 shall be retained.
4. Except as otherwise provided in subsection 7, a filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and the name of the record owner of the real property as given in the financing statement. The filing officer shall also note in the indexes the file number.
5. The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement, for an amendment or for a continuation statement is $15 if the document is in the standard form prescribed by the secretary of state and otherwise is $20, plus $1 for each additional debtor or trade name. The secured party may at his option show a trade name for any person.
6. [If the debtor is a transmitting utility (subsection 5 of NRS 104.9401) and a filed financing statement so states, it is effective until a termination statement is filed.] A real estate mortgage which is effective as a fixture filing under subsection 6 of NRS 104.9402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.
κ1995 Statutes of Nevada, Page 891 (CHAPTER 352, AB 642)κ
7. When a financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or is filed as a fixture filing, it shall be filed for record and the filing officer shall index it under the names of the debtor and any owner of record shown on the financing statement in the same fashion as if they were the mortgagors in a mortgage of the real estate described, and, to the extent that the law of this state provides for indexing of mortgages under the name of the mortgagee, under the name of the secured party as if he were the mortgagee thereunder, or where indexing is by description in the same fashion as if the financing statement were a mortgage of the real estate described.
Sec. 16. NRS 111.315 is hereby amended to read as follows:
111.315 Every conveyance of real property, and every instrument of writing setting forth an agreement to convey any real property, or whereby any real property may be affected, proved, acknowledged and certified in the manner prescribed in this chapter, to operate as notice to third persons, shall be recorded in the office of the recorder of the county in which [such] the real property is situated [,] or to the extent permitted by sections 2 to 9, inclusive, of this act, in the office of the secretary of state, but shall be valid and binding between the parties thereto without such record.
Sec. 17. NRS 111.320 is hereby amended to read as follows:
111.320 Every such conveyance or instrument of writing, acknowledged or proved and certified, and recorded in the manner prescribed in this chapter [, shall,] or in sections 2 to 9, inclusive, of this act, must from the time of filing the same with the secretary of state or recorder for record, impart notice to all persons of the contents thereof; and subsequent purchasers and mortgagees shall be deemed to purchase and take with notice.
Sec. 18. NRS 704.205 is hereby repealed.
________
Assembly Bill No. 629Committee on Ways and Means
CHAPTER 353
AN ACT making a supplemental appropriation to the department of museums, library and arts for certain operating expenses of the Nevada historical society; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of museums, library and arts the sum of $10,000 for operating expenses of the Nevada historical society. This appropriation is supplemental to that made by section 18 of chapter 350, Statutes of Nevada 1993, at page 1117.
κ1995 Statutes of Nevada, Page 892 (CHAPTER 353, AB 629)κ
to that made by section 18 of chapter 350, Statutes of Nevada 1993, at page 1117.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 575Committee on Judiciary
(Requested by Nevada Trial Lawyers Association)
CHAPTER 354
AN ACT relating to guardianships; allowing a guardian of the estate of a ward to invest the property of the ward in certain money market mutual funds; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 159.117 is hereby amended to read as follows:
159.117 1. Upon approval of the court by order, a guardian of the estate may:
(a) Invest the property of the ward, make loans and accept security therefor, in the manner and to the extent authorized by the court.
(b) Exercise options of the ward to purchase or exchange securities or other property.
2. A guardian of the estate may, without securing the prior approval of the court, invest the property of the ward in the following:
(a) Savings accounts in any bank or savings and loan association in this state, to the extent that such deposits are insured by the Federal Deposit Insurance Corporation.
(b) Interest-bearing obligations of or fully guaranteed by the United States.
(c) Interest-bearing obligations of the United States Postal Service.
(d) Interest-bearing obligations of the Federal National Mortgage Association.
(e) Interest-bearing general obligations of this state.
(f) Interest-bearing general obligations of any county, city or school district of this state.
(g) Money market mutual funds which are invested only in those instruments listed in paragraphs (a) to (f), inclusive.
3. A guardian of the estate for two or more wards may invest the property of two or more of the wards in property in which each ward whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each ward in the investment and in the income, profits or proceeds therefrom.
________
κ1995 Statutes of Nevada, Page 893κ
Assembly Bill No. 560Committee on Judiciary
CHAPTER 355
AN ACT relating to procedure in criminal cases; revising the provisions permitting an attendant to support certain prosecuting witnesses at the preliminary hearing and the trial; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.571 is hereby amended to read as follows:
178.571 1. [A prosecuting witness in] In a case involving [a] :
(a) A violation of NRS 200.366, 200.368 [,] or 200.373, a battery with intent to commit a sexual assault pursuant to NRS 200.400, a violation of NRS 201.180, 201.210, 201.220 or 201.230 or an attempt or a conspiracy to commit any of these offenses; or
(b) An offense in which a minor is the prosecuting witness,
the prosecuting witness may designate an attendant who must be allowed to attend the preliminary hearing and the trial during the witness testimony to provide support. The [person so designated must not himself be a witness in the proceedings.] attendant may be designated by a party as a witness and, except as otherwise provided in this section, must not be excluded from the proceedings. If a party designates the attendant as a witness, the attendant must be examined and cross-examined before any other witness testifies.
2. Except as otherwise provided in this subsection, the attendant must not be a reporter or editorial employee of any newspaper, periodical or press association or an employee of any radio or television station. The parent, child, brother or sister of the prosecuting witness may serve as the witness attendant whether or not he is a person described in the preceding sentence, but no attendant may make notes during the hearing or trial.
3. If the attendant influences or affects, or attempts to influence or affect, in any manner the testimony of the prosecuting witness during the giving of testimony, the court shall exclude that attendant and allow the witness to designate another attendant.
4. The defendant may move to exclude a particular attendant for good cause, and the court shall hear the motion out of the presence of the jury, if any. If the court grants the motion, the prosecuting witness may designate another attendant.
________
κ1995 Statutes of Nevada, Page 894κ
Assembly Bill No. 555Committee on Government Affairs
CHAPTER 356
AN ACT relating to public employment; revising the amount of the transportation allowance provided for public employees; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as otherwise provided in subsection 2 or 5, or by specific statute, any district judge, state officer, state employee or member of an advisory board supported in whole or in part by any public money, whether the public money is received from the Federal Government or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside of the municipality or other area in which his principal office is located, to be paid at the rate of $64 for each 24-hour period during which he is away from the office and within the state, and $26 in addition to a reasonable room rate for each 24-hour period during which he is outside of the state.
2. Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners conforming generally to those rates.
3. Any person enumerated in subsection 1 is entitled to receive an allowance for transportation in the transaction of public business, whether within or outside of the municipality or other area in which his principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The state board of examiners, on or before July 1 of each year, shall establish the rate of the allowance for travel by private conveyance . [is 27 cents per mile traveled, except that if] The rate must equal the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax that is in effect at the time the annual rate is established. If a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is [15 cents per mile traveled.] one-half the established rate.
4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or outside of the municipality or other area in which his principal office is located. The allowance must be established [:
(a) At] at rates higher than the rates established in subsection 3.
[(b) Except as provided in paragraph (c), at a rate of not more than 30 cents per mile traveled.
(c) When the special use vehicle is used for reasons of personal convenience, at a rate of 15 cents per mile traveled.]
κ1995 Statutes of Nevada, Page 895 (CHAPTER 356, AB 555)κ
5. The state board of examiners may establish reasonable rates for expenses outside of the United States that will allow a person to purchase the same quality of food as the domestic rate allows.
6. The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose of this section, and a state agency may, with the approval of the state board of examiners, adopt a rate of reimbursement less than the amounts specified in subsection 1 where unusual circumstances make that rate desirable.
Sec. 2. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 549Assemblyman Hettrick
CHAPTER 357
AN ACT relating to mining; requiring certain documents containing the results of an assay to include a warning concerning the use of the results; providing penalties; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 519 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, every person or firm engaged in the business of assaying within this state shall, in each report or other document containing the results of an assay conducted by the person or firm which is created or produced for a commercial purpose, provide in the report or document a statement, prominently displayed and in bold type, which reads substantially as follows:
The results of this assay were based solely upon the content of the sample submitted. Any decision to invest should be made only after the potential investment value of the claim or deposit has been determined based on the results of assays of multiple samples of geologic materials collected by the prospective investor or by a qualified person selected by him and based on an evaluation of all engineering data which is available concerning any proposed project.
2. Any person or firm who knowingly violates the provisions of subsection 1 is:
(a) For the first violation, guilty of a misdemeanor.
(b) For a second or subsequent violation, guilty of a gross misdemeanor.
3. The right to enforce the provisions of this section vests exclusively in the attorney general.
4. The provisions of this section do not apply to a person who is required to file an annual statement or list pursuant to the provisions of NRS 362.110.
κ1995 Statutes of Nevada, Page 896 (CHAPTER 357, AB 549)κ
5. As used in this section, business of assaying means a business that determines the elemental composition of samples of geologic materials for a fee or other valuable consideration.
Sec. 2. This act becomes effective on July 1, 1996.
________
Assembly Bill No. 537Assemblymen Humke, Hettrick, Marvel, Carpenter, Neighbors, de Braga, Fettic, Goldwater, Bennett, Ohrenschall and Ernaut
CHAPTER 358
AN ACT relating to wildlife; establishing a system of demerit points for violations of certain provisions relating to wildlife; revising provisions relating to appointment to and removal from the board of wildlife commissioners; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, wildlife violation means a conviction obtained in any court of competent jurisdiction in this state for a violation of a provision of this Title or any regulation adopted pursuant to this Title.
Sec. 3. 1. The commission shall establish and the division shall administer and enforce a system of assessing demerit points for wildlife violations against any person convicted of a wildlife violation. The system must be uniform in its operation.
2. Pursuant to the schedule of demerit points established by regulation by the commission for each wildlife violation occurring within this state affecting any holder of a license or permit issued pursuant to this Title, the division shall assess demerit points for the 60-month period preceding a persons most recent wildlife violation. Sixty months after the date of the violation, the demerit points for that violation must be deleted from the total demerit points accumulated by that person. The date of the violation shall be deemed the date on which accumulated demerit points must be assessed. If a conviction of two or more wildlife violations committed at a single event is obtained, demerit points must be assessed for the offense having the greater number of demerit points.
Sec. 4. (Deleted by amendment.)
Sec. 4.5. 1. A member of the commission may be removed from office for just cause.
2. A member of the commission must be removed from office for:
(a) A conviction of a gross misdemeanor for a violation of NRS 501.376, 502.060 or 504.395; or
κ1995 Statutes of Nevada, Page 897 (CHAPTER 358, AB 537)κ
(b) Two or more convictions of violating the provisions of chapters 501 to 504, inclusive, of NRS.
Sec. 5. 1. If a person accumulates 6 or more demerit points, but less than 12, the division shall notify him of that fact by certified mail. If, after the division mails the notice, the person presents proof to the division that he has, after his most recent wildlife violation, successfully completed a course of instruction in the responsibilities of hunters approved by the division, the division shall deduct 4 demerit points from his record. A person may attend a course of instruction in the responsibilities of hunters only once in 60 months for the purpose of reducing his demerit points.
2. If a person accumulates 12 or more demerit points or commits a wildlife violation punishable as a gross misdemeanor before completing a course of instruction pursuant to subsection 1, the division shall suspend any license or permit issued to him pursuant to this Title.
3. Not later than 30 days after a person accumulates 12 demerit points, the division shall notify the person by certified mail that his privileges are subject to suspension. Except as otherwise provided in subsection 4, the division shall suspend the license or permit 30 days after it mails the notice.
4. Any person who receives the notice required by subsection 3 may submit to the division a written request for a hearing before the commission no later than 30 days after the receipt of the notice. If a written request for a hearing is received by the division:
(a) The suspension of the license is stayed until a determination is made by the commission after the hearing.
(b) The hearing must be held within 60 days after the request is received.
5. The periods of suspension imposed pursuant to this section must run concurrently. No license or permit may be suspended for more than 3 years.
6. If the division suspends a license or permit pursuant to this section, the period of suspension begins 30 days after notification pursuant to subsection 3 or a determination is made by the commission pursuant to subsection 4. After a persons license or permit is suspended, all demerit points accumulated by that person must be canceled.
Sec. 6. Any person whose license or permit has been suspended by the division pursuant to sections 2 to 7, inclusive, of this act is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.
Sec. 7. The commission may adopt such regulations as are necessary to carry out the provisions of sections 2 to 7, inclusive, of this act.
Secs. 8-10. (Deleted by amendment.)
Sec. 10.5. NRS 501.171 is hereby amended to read as follows:
501.171 1. The governor shall appoint to the commission:
(a) One member who is actively engaged in the conservation of wildlife;
(b) One member who is actively engaged in farming;
(c) One member who is actively engaged in ranching;
(d) Four members who represent the interests of sportsmen; and
(e) Two members who represent the interests of the general public.
2. The governor shall not appoint to the commission any person who has been convicted of:
(a) A gross misdemeanor for a violation of NRS 501.376, 502.060 or 504.395; or
κ1995 Statutes of Nevada, Page 898 (CHAPTER 358, AB 537)κ
(b) Two or more violations of the provisions of chapters 501 to 504, inclusive, of NRS,
during the previous 10 years.
3. Not more than three members may be from the same county.
[3.] 4. The commission shall select a chairman and a vice chairman from among its members.
Secs. 11-12. (Deleted by amendment.)
Sec. 12.5. NRS 501.387 is hereby amended to read as follows:
501.387 1. Except as otherwise provided by specific statute, upon a conviction of a violation of any provision of this Title, or any regulation adopted pursuant [thereto,] to this Title, in addition to the penalty provided for the violation [:
(a) The] , the court may require the immediate surrender of all licenses issued under the provisions of this Title and held by the convicted person. Upon receipt of a surrendered license, the court shall forward it to the commission.
[(b) The commission may, on its own initiative:
(1) Revoke or suspend any license issued pursuant to the provisions of this Title, or a regulation adopted pursuant thereto, for any violation thereof; and
(2) Refuse to issue any subsequent license to the convicted person for any period not to exceed 2 years.
If a person is convicted of more than one violation, the commission may revoke or suspend his license for each violation and require that the periods of revocation or suspension run concurrently or consecutively.]
2. In addition to the penalty provided for the violation of any of the provisions of this Title, the court may cause to be confiscated all wildlife taken or possessed by the convicted person. All confiscated wildlife must be disposed of as directed by the court.
3. A convicted person shall not, during the time his license is revoked or suspended:
(a) Engage in any activity for which the license was issued; or
(b) Purchase or otherwise obtain a license which has been suspended or revoked.
4. Any person who is convicted of violating the provisions of subsection 3 shall be punished by a fine of not more than $1,000 or by imprisonment in a county jail for a period not to exceed 6 months, or by both a fine and imprisonment. In addition, the revocation or suspension of the license of the convicted person may be extended by an amount of time equal to the original period of revocation or suspension.
Secs. 13-14. (Deleted by amendment.)
Sec. 15. NRS 503.452 is hereby amended to read as follows:
503.452 Each trap, snare or similar device used in the taking of wild mammals [must] may bear a number registered with the division or be permanently marked with the name and address of the owner or trapper using it. [Registration of] If a trap is registered, the registration is permanent. A registration fee of $5 for each registrant is payable only once, at the time the first trap, snare or similar device is registered.
κ1995 Statutes of Nevada, Page 899 (CHAPTER 358, AB 537)κ
registration fee of $5 for each registrant is payable only once, at the time the first trap, snare or similar device is registered.
Sec. 16. (Deleted by amendment.)
________
Assembly Bill No. 378Assemblymen Giunchigliani, Evans, Bache, Spitler, Buckley, Anderson, Manendo, Arberry, Fettic, Hettrick, Chowning, Close, Price, Tiffany, Dini, Sandoval, Freeman, Tripple, Perkins, Nolan, Krenzer, Williams, Ohrenschall, Lambert, Monaghan, Harrington, Schneider, Steel, de Braga, Neighbors, Segerblom and Goldwater
CHAPTER 359
AN ACT relating to domestic violence; revising the definition of an act which constitutes domestic violence; revising the provisions concerning the arrest of a person suspected of domestic violence; requiring certain courts to be available 24 hours a day for the issuance of temporary protective orders; providing for the authentication of the content of recordings of emergency telephone calls for evidentiary purposes; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.1225 is hereby amended to read as follows:
171.1225 1. When investigating an act of domestic violence, a peace officer shall:
(a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.
(b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:
(1) My name is officer . (naming the investigating officer). Nevada law requires me to inform you of the following information.
(2) If I have probable cause to believe that a battery has been committed against you or your minor child in the last [4] 24 hours by your spouse, your former spouse, a person to whom you are related by blood, a person with whom you are or were actually residing or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the act.
(3) If I am unable to arrest the person suspected of committing the battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.
(4) The law provides that you may seek a court order for the protection of you or your minor children against further threats or acts of domestic violence.
κ1995 Statutes of Nevada, Page 900 (CHAPTER 359, AB 378)κ
violence. You do not need to hire a lawyer to obtain such an order for protection.
(5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:
(I) Stop threatening, harassing or injuring you or your children;
(II) Move out of your residence;
(III) Stay away from your place of employment;
(IV) Stay away from the school attended by your children;
(V) Stay away from any place you or your children regularly go; and
(VI) Avoid or limit all communication with you or your children.
(6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to pay:
(I) The rent or mortgage due on the place in which you live;
(II) The amount of money necessary for the support of your children; and
(III) Part or all of the costs incurred by you in obtaining the order for protection.
(7) To get an order for protection, go to room number . (state the room number of the office at the court) at the court, which is located at . (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.
(8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, he may be arrested.
(9) [At times when the courts are closed, you] You may obtain emergency assistance or shelter by contacting your local program against domestic violence at . (state name, address and telephone number of local program) or you may call, without charge to you, the statewide program against domestic violence at . (state toll-free telephone number of statewide program).
2. As used in this section, act of domestic violence means any of the following acts committed by a person against another to whom he is related by blood or marriage, with whom he is or was actually residing or with whom he has a child in common, or upon his minor child or a minor child of that person:
(a) A battery.
(b) An assault.
(c) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
(d) A sexual assault.
(e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
(1) Stalking.
(2) Arson.
(3) Trespassing.
(4) Larceny.
(5) Destruction of private property.
κ1995 Statutes of Nevada, Page 901 (CHAPTER 359, AB 378)κ
(6) Carrying a concealed weapon without a permit.
(f) False imprisonment.
(g) Unlawful entry of the others residence, or forcible entry against the others will if there is a reasonable foreseeable risk of harm to the other from the entry.
3. The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or his employer.
Sec. 2. NRS 171.137 is hereby amended to read as follows:
171.137 1. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when he has probable cause to believe that the person to be arrested has , within the preceding [4] 24 hours, committed a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person.
2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, he shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons allegedly committing a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:
(a) Prior domestic violence involving either person;
(b) The relative severity of the injuries inflicted upon the persons involved;
(c) The potential for future injury;
(d) Whether one of the alleged batteries was committed in self-defense; and
(e) Any other factor which helps the peace officer decide which person is the primary physical aggressor.
3. A peace officer shall not base his decision whether to arrest a person pursuant to this section on his perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.
4. When a peace officer investigates such a battery, whether or not an arrest is made, he shall prepare and submit a written report of the alleged battery to his supervisor or other person designated by his employer to receive reports regarding similar allegations. He shall include in his report, if applicable:
(a) His reasons for determining that one of the persons involved in a mutual battery was the primary physical aggressor; and
(b) Any mitigating circumstances which prevented him from making an arrest pursuant to subsection 1,
and forward a copy of the report to the department of motor vehicles and public safety.
κ1995 Statutes of Nevada, Page 902 (CHAPTER 359, AB 378)κ
5. The department shall compile statistics from these reports and make the statistics available as a public record detailing the number of investigations and arrests made pursuant to this section and the nature of any mitigating circumstances which prevented an arrest.
Sec. 3. NRS 33.018 is hereby amended to read as follows:
33.018 Domestic violence occurs when a person commits one of the following against or upon another to whom he is related by blood or marriage, with whom he is or was actually residing , with whom he had or is having a dating relationship or with whom he has a child in common, or upon his minor child or a minor child of that person:
1. A battery.
2. An assault.
3. Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
4. A sexual assault.
5. A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
(a) Stalking.
(b) Arson.
(c) Trespassing.
(d) Larceny.
(e) Destruction of private property.
(f) Carrying a concealed weapon without a permit.
6. A false imprisonment.
7. Unlawful entry of the others residence, or forcible entry against the others will if there is a reasonably foreseeable risk of harm to the other from the entry.
Sec. 4. NRS 33.020 is hereby amended to read as follows:
33.020 1. If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order for protection against domestic violence. A temporary or extended order for protection against domestic violence must not be granted to the applicant or the adverse party unless he has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.
2. The court may require the applicant or the adverse party, or both, to appear before it before determining whether to grant the temporary or extended order.
3. A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application.
4. The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.
5. If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order for protection against domestic violence.
κ1995 Statutes of Nevada, Page 903 (CHAPTER 359, AB 378)κ
may grant a temporary order for protection against domestic violence. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while he is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.
6. In a county whose population is 400,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order for protection against domestic violence pursuant to subsection 5.
7. In a county whose population is less than 400,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order for protection against domestic violence pursuant to subsection 5.
Sec. 5. Chapter 52 of NRS is hereby amended by adding thereto a new section to read as follows:
The content of recordings of telephone calls made through a system established to provide a telephone number to be used in an emergency, if otherwise admissible, may be proved by a copy or transcript of the recording which is authenticated by a custodian of the records of the system in a signed affidavit. The custodian must verify in the affidavit that the copy or transcript is a true and complete reproduction of the original recording and that the original recording was made at the time of the telephone call and in the course of a regularly conducted activity.
Sec. 6. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility; or
(5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including any person acting pro tempore in a capacity listed in this subparagraph.
(d) School employee means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
κ1995 Statutes of Nevada, Page 904 (CHAPTER 359, AB 378)κ
2. Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing , with whom he had or is having a dating relationship or with whom he has a child in common, his minor child or a minor child of that person, the court, as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment. If imprisonment in the county jail, or a fine, or both, is the prescribed punishment, the crime shall for all purposes be deemed a gross misdemeanor.
(c) If the battery is committed upon an officer or a school employee and:
(1) The officer or school employee was performing his duty;
(2) The officer or school employee suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer or a school employee,
by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(d) If the battery is committed upon an officer or a school employee who is performing his duty and the person charged knew or should have known that the victim was an officer or a school employee, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(e) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000.
(f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 2 years nor more than 20 years.
Sec. 7. NRS 217.400 is hereby amended to read as follows:
217.400 As used in NRS 217.400 to 217.460, inclusive:
1. Division means the division of child and family services of the department of human resources.
2. Domestic violence means [the] :
κ1995 Statutes of Nevada, Page 905 (CHAPTER 359, AB 378)κ
(a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.
(b) Any of the following acts committed by a person against a family or household member, a person with whom he had or is having a dating relationship or with whom he has a child in common, or upon his minor child or a minor child of that person:
(1) A battery.
(2) An assault.
(3) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon without a permit.
(6) False imprisonment.
(7) Unlawful entry of the others residence, or forcible entry against the others will if there is a reasonably foreseeable risk of harm to the other from the entry.
3. Family or household member means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.
4. Victim of domestic violence includes the dependent children of the victim.
Sec. 8. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1995.
________
κ1995 Statutes of Nevada, Page 906κ
Assembly Bill No. 12Committee on Government Affairs
CHAPTER 360
AN ACT relating to the Lake Tahoe Basin; authorizing the department of transportation and Douglas County to enter into contracts and agreements with private persons to design, obtain permits for, construct, operate, maintain and repair storm water treatment and disposal facilities located in Stateline, Nevada; exempting the department of transportation and Douglas County from certain laws governing public contracts when entering into such contracts and agreements; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature hereby finds and declares that certain exemptions from laws governing public contracts are necessary to allow the department of transportation and Douglas County to make arrangements with private persons to design, obtain permits for, construct, operate, maintain and repair storm water treatment and disposal facilities located in Stateline, Nevada, because of the unique and special conditions of the Lake Tahoe Basin. The legislature further finds and declares that:
1. The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable;
2. The increasing development of the region is threatening the quality of the water in Lake Tahoe;
3. The operation of systems for the collection, transportation and disposal of rainfall and other storm waters that no longer percolate into the ground because of the increased development is necessary to protect the quality and integrity of the water in Lake Tahoe;
4. The department of transportation, Douglas County and businesses owning property in Stateline, Nevada, adjacent to the northern portion of U.S. Highway 50 and the Loop Road have participated in the development of a regional drainage system for storm water that would serve approximately 150 acres by interconnecting and improving the individual treatment systems operated by those businesses;
5. A draft of an agreement entitled the Stateline Regional Storm Water Treatment and Disposal System Agreement has been presented to all participants for their review;
6. The operation of such a drainage system has been included in the Douglas County Community Plan; and
7. A special law is necessary to provide for the construction, operation and maintenance of such a drainage system, and that a general law cannot be made applicable because of the need for cooperation between public and private entities and the requirements for the regulation of water quality that are unique to the Lake Tahoe Basin.
Sec. 2. 1. The department of transportation and Douglas County may enter into contracts and agreements with private persons to design, obtain permits for, construct, operate, maintain and repair storm water treatment and disposal facilities which collect, transport and dispose of rainfall and other storm waters in Stateline, Nevada.
κ1995 Statutes of Nevada, Page 907 (CHAPTER 360, AB 12)κ
and disposal facilities which collect, transport and dispose of rainfall and other storm waters in Stateline, Nevada.
2. Notwithstanding any other provision of law, the department of transportation and Douglas County are exempt from the provisions of chapters 332, 333 and 338 of NRS for the purposes of entering into contracts and agreements pursuant to subsection 1.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 13Committee on Government Affairs
CHAPTER 361
AN ACT relating to natural resources; requiring the submission to a vote of the people of a proposal to issue state general obligation bonds to provide grants to local governments and the department of transportation to carry out projects for the control of erosion and the restoration of natural watercourses in the Lake Tahoe Basin; requiring the state land registrar to adopt regulations necessary to carry out a program for awarding such grants and to report to the interim finance committee concerning the program if the proposal is carried; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. At the general election to be held in the State of Nevada in 1996, there must be submitted to the voters of the state, in the manner prescribed by chapter 349 of NRS, a proposal to issue general obligation bonds of the state to provide grants to local governments and the department of transportation to carry out projects for the control of erosion and the restoration of natural watercourses in the Lake Tahoe Basin in an amount of not more than $20,000,000.
2. If the proposal is carried, the state board of examiners shall issue general obligation bonds of the State of Nevada in a total face amount of not more than $20,000,000. The bonds may be issued at one time or from time to time. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold.
3. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.
Sec. 2. If the proposal is carried, the state land registrar shall:
1. Adopt regulations necessary to carry out a program for awarding grants pursuant to the provisions of section 1 of this act. The regulations must:
(a) Set forth the procedure for applying for a grant;
(b) Set forth the criteria that will be considered in awarding a grant; and
(c) State whether and to what degree an applicant must match any money awarded.
κ1995 Statutes of Nevada, Page 908 (CHAPTER 361, AB 13)κ
2. Report semiannually to the interim finance committee concerning the establishment and administration of the program and the expenditure of money for the program.
Sec. 3. After deducting the expenses relating to the issuance of the bonds, the state land registrar may use the proceeds from any bonds issued pursuant to the provisions of section 1 of this act to defray the costs of administering the program for awarding grants.
Sec. 4. The legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act are for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
________
Assembly Bill No. 56Committee on Education
CHAPTER 362
AN ACT relating to schools; requiring the establishment of programs to train employees who operate certain pressure vessels in schools; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of each school district, individually or in conjunction with other school districts, shall develop and carry out a program to train employees who operate a boiler or other pressure vessel which has a burner input of more than 2,500,000 British thermal units and is located in a public or private elementary or secondary school in this state.
2. The program must consist of instruction in the classroom and applied instruction regarding:
(a) Various types of boilers;
(b) General procedures for the operation of boilers;
(c) Instrumentation, controls and safety devices;
(d) Methods used to control combustion and the flame;
(e) Equipment related to the burning of fuel;
(f) Equipment and accessories related to feed water and water treatment;
(g) Care and maintenance of boilers;
(h) Safety and emergency procedures; and
(i) Any other subjects determined to be appropriate by the board.
3. The board of trustees of each school district shall submit its program and any subsequent modifications to the program, including curricula and materials, to the division of industrial relations of the department of business and industry for its review and comment.
κ1995 Statutes of Nevada, Page 909 (CHAPTER 362, AB 56)κ
Sec. 2. The instruction provided through programs established pursuant to section 1 of this act to train employees who operate certain pressure vessels must begin not later than July 1, 1996.
________
Assembly Bill No. 217Committee on Ways and Means
CHAPTER 363
AN ACT making an appropriation to the division of child and family services of the department of human resources for vehicles, equipment, supplies and building maintenance for the northern and southern child and adolescent services; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of child and family services of the department of human resources the sum of $199,967 for vehicles, equipment, supplies and building maintenance for the northern and southern child and adolescent 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.
________
Assembly Bill No. 218Committee on Ways and Means
CHAPTER 364
AN ACT relating to the division of child and family services of the department of human resources; making an appropriation to the division for vehicles, computers and miscellaneous equipment; authorizing the expenditure of certain federal money for office equipment; requiring repayment of the state general fund under certain circumstances; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of child and family services of the department of human resources the sum of $434,484 for vehicles, computers and miscellaneous 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.
κ1995 Statutes of Nevada, Page 910 (CHAPTER 364, AB 218)κ
reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. 1. The division of child and family services of the department of human resources is authorized to expend for office equipment:
(a) The sum of $93,161, if received pursuant to Title IV-E of the Federal Child Welfare Services Act; and
(b) The sum of $24,990, if received pursuant to Title IV-A of the Federal Aid to Dependent Children Act.
2. If the division receives the federal money authorized for expenditure pursuant to subsection 1, the division shall repay the sum of $21,191 per year to the state general fund on or before September 1, 1996, for the fiscal year 1995-96 and, in like manner, on or before September 1 of the three years immediately following thereafter in repayment for the prior fiscal years respectively.
Sec. 4. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 219Committee on Ways and Means
CHAPTER 365
AN ACT making appropriations to the department of museums, library and arts for enhancement of the computer system, improvement of various functions of the state library and for the remodeling of the basement of the state library; transferring certain amounts between projects; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of museums, library and arts the sum of $560,218 for enhancement of the computer system and for office and other equipment, painting, compact shelving and a truck.
Sec. 2. There is hereby appropriated from the state general fund to the department of museums, library and arts the sum of $171,968 for the remodeling of the basement in the state library.
Sec. 3. The state public works board shall transfer the sum of $144,032 from the amount allocated pursuant to section 5 of chapter 613, Statutes of Nevada 1989, at page 1372, for project 89-39, State Library, Carson City, to the department of museums, library and arts for the remodeling of the basement in the state library.
Sec. 4. The state public works board shall transfer the sum of $45,000 from the amount allocated pursuant to section 5 of chapter 613, Statutes of Nevada 1989, at page 1372, for project 89-39, State Library, Carson City, to project 91-L5, parking for capital complex as authorized in section 9 of chapter 497, Statutes of Nevada 1991, at page 1528.
κ1995 Statutes of Nevada, Page 911 (CHAPTER 365, AB 219)κ
Sec. 5. Any remaining balance of the appropriation made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 6. Any remaining balance of the allocated amounts authorized by sections 3 and 4 of this act must not be committed for expenditure after June 30, 1997, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.
Sec. 7. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 220Committee on Ways and Means
CHAPTER 366
AN ACT making an appropriation to the budget division of the department of administration for the development of the requirements for an integrated financial system; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the budget division of the department of administration the sum of $165,000 for the development of the requirements for an integrated financial system.
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 912κ
Assembly Bill No. 227Committee on Ways and Means
CHAPTER 367
AN ACT making an appropriation to the office of attorney general for computer hardware and software, communication enhancements and other office equipment; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the office of attorney general the sum of $223,909 for computer hardware and software, communication enhancements and other office 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. 229Committee on Ways and Means
CHAPTER 368
AN ACT making an appropriation to the office of the governor for upgrades of computer equipment and software; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the office of the governor the sum of $67,220 for upgrades in computer equipment and software.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
κ1995 Statutes of Nevada, Page 913κ
Assembly Bill No. 240Committee on Ways and Means
CHAPTER 369
AN ACT making an appropriation to the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation for equipment; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation the sum of $275,000 for air filter systems at residential treatment centers to prevent employees and clients from becoming infected with tuberculosis.
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. 236Committee on Ways and Means
CHAPTER 370
AN ACT making an appropriation to the division of parole and probation of the department of motor vehicles and public safety for the replacement and purchase of various equipment; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of parole and probation of the department of motor vehicles and public safety the sum of $737,971 for the replacement of certain existing office equipment and computer hardware and software and for the purchase of new office and other equipment, weapons, holsters, protective vests and other security items, and computer hardware and software.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1995 Statutes of Nevada, Page 914 (CHAPTER 370, AB 236)κ
reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 231Committee on Ways and Means
CHAPTER 371
AN ACT making an appropriation to the division of wildlife of the state department of conservation and natural resources for construction of an airplane hangar at the Minden airport; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of wildlife of the state department of conservation and natural resources the sum of $250,000 for construction of an airplane hangar at the Minden airport.
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. 232Committee on Ways and Means
CHAPTER 372
AN ACT making an appropriation to the division of forestry of the state department of conservation and natural resources for equipment and aircraft maintenance; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources the sum of $2,375,947 to be expended as follows:
1. To remove and replace underground fuel storage tanks, $170,980;
2. For fire-resistant clothing and safety equipment for fire fighters, $126,500;
κ1995 Statutes of Nevada, Page 915 (CHAPTER 372, AB 232)κ
3. For repairs to the agencys aircraft and radios for aircraft or aircraft operations, $203,314;
4. For radios, communications equipment and improvements to communications systems, $195,223;
5. For training pilots employed by the division of wildlife of the state department of conservation and natural resources in fire-suppression techniques, $12,000;
6. To replace certain vehicles of the division of forestry of the state department of conservation and natural resources and to equip those vehicles with radios, $1,634,403; and
7. For computer software and hardware, $33,527.
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. 245Committee on Ways and Means
CHAPTER 373
AN ACT making an appropriation to the department of taxation for computer and office equipment; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of taxation the sum of $428,907 for computer and office 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.
________
κ1995 Statutes of Nevada, Page 916κ
Assembly Bill No. 246Committee on Ways and Means
CHAPTER 374
AN ACT making an appropriation to the motor pool division of the department of administration for the purchase of additional vehicles; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the motor pool division of the department of administration the sum of $983,368 for the purchase of 73 vehicles.
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. 252Committee on Ways and Means
CHAPTER 375
AN ACT making an appropriation to the office of state public defender of the department of human resources for computer hardware and software; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the office of state public defender of the department of human resources the sum of $9,546 for computer hardware and software. The money appropriated by this section must not be expended until the requisite contributions from the boards of county commissioners have been received by the department.
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 917κ
Assembly Bill No. 253Committee on Ways and Means
CHAPTER 376
AN ACT making an appropriation to the welfare division of the department of human resources for safety and security equipment, computer equipment and vehicles; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the welfare division of the department of human resources the sum of $246,646 for safety and security equipment, computer equipment and vehicles.
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. 287Committee on Government Affairs
CHAPTER 377
AN ACT relating to mobile home parks; allowing the conversion of a master-metered water system in a mobile home park to individual water meters; prohibiting the landlord from recovering the costs of such a conversion from his tenants; requiring newly constructed mobile home parks to provide water service to individual meters; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.940 is hereby amended to read as follows:
704.940 1. In a mobile home park or company town where the landlord or owner is billed by a gas or electric utility and in turn charges the tenants or occupants of the dwellings for the service provided by the utility, and the park or town:
(a) Is equipped with individual meters for each lot, the landlord or owner shall not charge a tenant or occupant for that service at a rate higher than the rate paid by the landlord or owner.
(b) Is not equipped with individual meters for each lot, the landlord or owner shall prorate the cost of the service equally among the tenants of the park or occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord or owner.
κ1995 Statutes of Nevada, Page 918 (CHAPTER 377, AB 287)κ
2. In a mobile home park or company town [where the landlord or owner is billed by a water utility and in turn charges the tenants or occupants of the dwellings for the service provided by the utility, and the park or town:] that:
(a) Is equipped with individual water meters for each lot, the [landlord or owner shall not charge a tenant or occupant for that service at a rate higher than the rate paid by the landlord or owner.] individual meters must be read and billed by the purveyor of the water.
(b) Is not equipped with individual water meters for each lot [:
(1) The landlord or owner shall not convert from the master-metered system to individual meters; and
(2) The] and the landlord or owner is billed by the purveyor of the water and in turn charges the tenants or occupants of the dwellings for the service provided by the purveyor, the landlord or owner shall prorate the cost of the service equally among the tenants of the park or occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord or owner.
The landlord or owner of a mobile home park that converts from a master-metered water system to individual water meters for each mobile home lot shall not charge or receive any fee, surcharge or rent increase to recover from his tenants the costs of the conversion. The owner of a company town that is not equipped with individual water meters shall not convert from the master-metered water system to individual water meters.
3. To the extent the cost of providing service to the common area of a mobile home park or company town can be identified, the landlord or owner may not recover the cost of service provided by the utility to the common area by directly charging a tenant or the occupant of a dwelling for those services.
4. The landlord of a mobile home park or owner of a company town may assess and collect a charge to reimburse him for the actual cost of the service charge he is required to pay to a water utility serving the park or town. If he collects such a charge, he shall prorate the actual cost of the service charge to the tenants or occupants of dwellings who use the service. He shall not collect more than the aggregate cost of the service to him.
5. The landlord may assess and collect a service charge for gas and electric utilities from the tenants of the park, but the amount of the charge must not be more than the tenants would be required to pay the serving utility. The landlord shall:
(a) Keep the money from the service charges in a separate account and expend it only for federal income taxes which must be paid as a result of the collection of the service charge, for preventive maintenance or for repairing or replacing utility lines or equipment when ordered or granted permission to do so by the commission; and
(b) Retain for at least 3 years a complete record of all deposits and withdrawals of money from the account and file the record with the commission on or before March 30 of each year.
6. Money collected by the landlord or owner for service provided by a utility to the tenants of a mobile home park or occupants of the dwellings may not be used to maintain, repair or replace utility lines or equipment serving the common area of the mobile home park or company town.
κ1995 Statutes of Nevada, Page 919 (CHAPTER 377, AB 287)κ
7. The owner of a company town who provides a utility service directly to the occupants of the town may charge the occupants their pro rata share of his cost of providing that service. Where meters are available, the pro rata share must be based on meter readings. Where meters are not available, the owner shall determine a fair allocation which must be explained in detail to the commission in the reports required by NRS 704.960. The commission may modify the allocation in accordance with its regulations if it determines the owners method not to be fair. The commission shall adopt regulations governing the determination of the costs which an owner of a company town may recover for providing a utility service directly to the occupants of that town and the terms and conditions governing the provision of that service.
8. The landlord or owner shall itemize all charges for utilities on all bills for rent or occupancy. He may pass through to the tenant or occupant any increase in a rate for a utility and shall pass through any decrease in a charge for a utility as it becomes effective.
9. The landlord or owner shall retain for at least 3 years a copy of all billings for utilities made to his tenants or the occupants of his dwellings and shall make these records available upon request to the commission for verification of charges made for utilities.
10. A landlord whose interest in a mobile home park terminates for any reason shall transfer to his successor in interest any balance remaining in the account for service charges for utilities. Evidence of the transfer must be filed with the commission.
11. The commission may at any time examine all books and records which relate to the landlords or owners purchase of or billing for a service provided by a utility if he is charging the tenants of the mobile home park or occupants of the dwellings for that service.
Sec. 2. NRS 118B.140 is hereby amended to read as follows:
118B.140 The landlord or his agent or employee shall not:
1. Require a person to purchase a mobile home from him or any other person as a condition to renting a mobile home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a mobile home from him or any other person.
2. Charge or receive:
(a) Any entrance or exit fee for assuming or leaving occupancy of a mobile home lot.
(b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home or recreational vehicle within the mobile home park even if the mobile home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of mobile homes pursuant to NRS 489.311 and has acted as the tenants agent in the sale pursuant to a written contract.
(c) Any fee for the tenants spouse or children.
(d) Any fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.
(e) Any additional service fee unless the landlord provides an additional service which is needed to protect the health and welfare of the tenants, and written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy.
κ1995 Statutes of Nevada, Page 920 (CHAPTER 377, AB 287)κ
written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy. A tenant may only be required to pay the additional service fee for the duration of the additional service.
(f) Any fee for a late monthly rental payment within 4 days of the date the rental payment is due or which exceeds $1 for each day which the payment is overdue, beginning on the day after the payment was due. Any fee for late payment of charges for utilities must be in accordance with the requirements prescribed by the public service commission of Nevada.
(g) Any fee, surcharge or rent increase to recover from his tenants the costs resulting from converting from a master-metered water system to individual water meters for each mobile home lot.
Sec. 3. NRS 461A.230 is hereby amended to read as follows:
461A.230 1. Each mobile home park constructed after July 1, 1981, but before October 1, 1989, must provide direct electrical and gas service from the utility to each lot if those services are available.
2. Each mobile home park constructed after October 1, 1989, must provide direct:
(a) Electrical and gas service from a public utility or a city, county or other governmental entity which provides electrical or gas service, to each lot if those services are available.
(b) Water service from a public utility or a city, county or other governmental entity which provides water service, the provisions of NRS 704.230 notwithstanding, to the park if that service is available. [The water service must be connected to a master meter and not to individual meters for each lot.]
3. In a county whose population is 400,000 or more, each mobile home park constructed after October 1, 1995, must provide direct water service, as provided in paragraph (b) of subsection 2, that is connected to individual meters for each lot. The individual meters must be installed in compliance with any uniform design and construction standards adopted by the public utility or city, county or other governmental entity which provides water service in the county.
________
κ1995 Statutes of Nevada, Page 921κ
Assembly Bill No. 316Committee on Ways and Means
CHAPTER 378
AN ACT relating to mobile home parks; increasing the maximum amount of the annual fee which may be imposed on each lot in a mobile home park; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 118B.185 is hereby amended to read as follows:
118B.185 1. Each owner of a mobile home park shall pay to the division an annual fee established by the administrator which must not exceed [$3] $5 for each lot within that park.
2. If an owner fails to pay the fee within 30 days after receiving written notice of its amount, a penalty of 50 percent of the amount of the fee must be added. The owner is not entitled to any reimbursement of this penalty from his tenants.
3. All fees collected by the division pursuant to subsection 1 must be deposited in the state treasury for credit to the account for regulating mobile home parks within the fund for manufactured housing created pursuant to NRS 489.491. All expenses related to the regulation of mobile home parks must be paid from the account. The account must not be used for any other purpose. Claims against the account must be paid as other claims against the state are paid.
Sec. 2. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 319Committee on Judiciary
CHAPTER 379
AN ACT relating to juveniles; providing for appointment of public defender in delinquency cases under certain circumstances; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 7.115 is hereby amended to read as follows:
7.115 1. A magistrate , master or a district court shall not appoint an attorney other than a public defender to represent a person charged with any offense or delinquent act by petition, indictment or information unless [such] the magistrate , master or [the] district court makes a finding, entered into the record of the case, that the public defender is disqualified from furnishing [such] the representation and sets forth the reason or reasons for [such] the disqualification.
κ1995 Statutes of Nevada, Page 922 (CHAPTER 379, AB 319)κ
Sec. 2. NRS 62.085 is hereby amended to read as follows:
62.085 1. If a child is alleged to be delinquent or in need of supervision, the child and his parents, guardian or custodian must be advised by the court or its representative that the child is entitled to be represented by an attorney at all stages of the proceedings [. If an] , unless waived. If indigent, the parent, guardian or custodian of the child may request the appointment of an attorney to represent the child pursuant to the provisions in NRS 171.188. If not indigent and:
(a) An attorney is not retained for the child [, or if it] ; or
(b) It does not appear that an attorney will be retained,
an attorney must be appointed for the child, unless waived.
2. If an attorney is appointed to represent a child, the parents of that child shall pay the reasonable fees and expenses of the attorney unless they are indigent. If indigent, the court may require the parent, guardian or custodian of the child to reimburse the county or state in accordance with his ability to pay.
3. The parent, guardian or custodian may be represented by an attorney at all stages of the proceedings. In no case may an attorney be appointed for him unless the court makes written findings that such an appointment is required in the interest of justice and specifying the reasons thereof.
4. Each attorney , other than a public defender, if appointed under the provisions of this section , is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 334Committee on Transportation
CHAPTER 380
AN ACT relating to motor carriers; clarifying the authority of the public service commission of Nevada to revoke or suspend the certificate of public convenience and necessity of a common motor carrier for failure to comply with certain laws or regulations; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.398 is hereby amended to read as follows:
706.398 The commission [shall] :
1. Shall revoke or suspend, pursuant to the provisions of this chapter, the certificate of public convenience and necessity of a common motor carrier which has failed to:
[1.] (a) File the annual report required by NRS 703.191 within 60 days after the report is due; or
[2. Operate during the preceding year]
κ1995 Statutes of Nevada, Page 923 (CHAPTER 380, AB 334)κ
(b) Operate as a carrier of intrastate commerce in this state under the terms and conditions of its certificate, [as evidenced by information contained in the annual report,]
unless the carrier has obtained the prior permission of the commission . [to file an annual report late or to cease such operation during that period.]
2. May revoke or suspend, pursuant to the provisions of NRS 703.377, the certificate of public convenience of a common motor carrier which has failed to comply with any provision of this chapter or any regulation of the commission adopted pursuant thereto.
________
Assembly Bill No. 336Committee on Transportation
CHAPTER 381
AN ACT relating to municipal airports; authorizing the governing body of a municipality to purchase property for the future use or development of a municipal airport; establishing the circumstances under which such property may be purchased; clarifying the authority of a municipality to acquire property that is affected by noise created by a municipal airport; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 496 of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of a municipality may purchase from any willing seller property for the operation of an airport that is not intended to be used for a specific purpose related to the operation of the airport at the time of the purchase, if the governing body, by resolution, determines that:
1. The property is located in an area which may affect or may be affected by the future development or use of the airport; and
2. The purchase of the property:
(a) Will enhance the general safety or efficiency, or both, of the operation of the airport and its access roadways;
(b) Is required for the assemblage or consolidation of parcels of land within a subdivision that may be necessary for the future development or use of the airport;
(c) Will cost less than any future acquisition of the property; or
(d) Will promote development in the area surrounding the airport and its access roadways which is compatible with the current and future operation of the airport.
Sec. 2. NRS 496.030 is hereby amended to read as follows:
496.030 1. Every municipality [is authorized,] may, out of any appropriations or other [moneys] money made available for such purposes.
(a) [To plan,] Plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the territorial limits of [such] the municipality and within or without the territorial boundaries of this state.
κ1995 Statutes of Nevada, Page 924 (CHAPTER 381, AB 336)κ
facilities, either within or without the territorial limits of [such] the municipality and within or without the territorial boundaries of this state.
(b) [To contract] Contract or otherwise provide, by condemnation if necessary, for the removal of any airport hazard or the removal or the relocation of all private structures, railways, mains, pipes, conduits, wires, cables, poles and all other facilities and equipment which may interfere with the location, expansion, development or improvement of [such] the airports, restricted landing areas and other air navigation facilities, or with the safe approach thereto or takeoff therefrom by aircraft.
(c) [To pay] Pay the cost of removal or relocation.
(d) [To pay] Pay the cost of construction, installation, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft, for any other use related to the operation of an aviation or air transportation business, or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods [,] and commodities as are incident to the operation of its airport properties, including , without limitation , runways taxiways, loading and unloading ramp and apron facilities, terminal and parking facilities, warehouses and other cargo facilities, hangars, shops, offices, and other buildings and facilities used in connection with the operation of airports.
2. For such purposes , the municipality may use any available property that it [may now or hereafter own or control] owns or controls and may, by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire property, real or personal, or any interest therein, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit the safe and efficient operation of the airport or to permit the removal, elimination, obstruction, marking and lighting of airport hazards, or to prevent the establishment of airport hazards [.] , including any property which is located in an area that is significantly affected by noise created by an airport as determined by a study of the airport environs conducted in accordance with guidelines for land use compatibility established by the Federal Aviation Administration.
________
κ1995 Statutes of Nevada, Page 925κ
Assembly Bill No. 338Committee on Taxation
CHAPTER 382
AN ACT relating to court fees; removing the restriction that certain fees imposed by justices courts be used only for costs related to the annual estimate of the population of townships; removing the authority of the director of the department of taxation to refund the surplus of such fees for credit to the county general fund; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.065 is hereby amended to read as follows:
4.065 1. The justice of the peace shall, on the commencement of any action or proceeding in the justices court for which a fee is required, and on the answer or appearance of any defendant in any such action or proceeding for which a fee is required, charge and collect a fee of $1 from the party commencing, answering or appearing in the action or proceeding. these fees are in addition to any other fee required by law.
2. On or before the first Monday of each month, the justice of the peace shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for credit to 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 department of taxation to administer the provisions of NRS 360.283 . [, insofar as that section requires the department to estimate annually the population of townships.
3. The director may refund to the county clerk of the county of origin as pro rata share of any surplus money collected pursuant to this section. The county clerk shall pay over to the county treasurer any amount so refunded and the county treasurer shall place that amount to the credit of the county general fund for the support of justices courts.]
Sec. 2. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 926κ
Assembly Bill No. 399Assemblymen Giunchigliani, Arberry, Spitler, Chowning, Close, Price, Tiffany, Fettic, Dini, Allard, Bache, Manendo, Tripple, Anderson, Stroth, Ernaut, Perkins, Williams, Schneider, Braunlin, Goldwater, Ohrenschall, Steel, Neighbors, de Braga, Krenzer, Freeman, Segerblom, Buckley and Evans
CHAPTER 383
AN ACT relating to the state contractors board; authorizing the board to impose an administrative fine against certain persons; authorizing the board to request the attorney general to prosecute certain crimes relating to the contracting business; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. If a member of the board becomes aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a contractor in this state, the member of the board may inform the executive director of the board of the allegations. The executive director, upon receiving such information shall take such actions as he deems appropriate under the circumstances.
Sec. 3. 1. If any person violates the provisions of subsection 1 of NRS 624.230, the board may impose an administrative fine of not less than $1,000 nor more than $10,000 for each violation.
2. An administrative fine imposed pursuant to this section is in addition to any other penalty imposed pursuant to this chapter.
3. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the attorney general on behalf of the board.
Sec. 4. NRS 624.115 is hereby amended to read as follows:
624.115 1. The board may employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
2. The board may require investigators who are employed by the board to locate persons who:
(a) Engage in the business or act in the capacity of a contractor within this state; or
(b) Submit bids on jobs situated within this state,
in violation of NRS 624.230.
Sec. 5. NRS 624.212 is hereby amended to read as follows:
624.212 1. The executive officer, on behalf of the board, [may] shall issue an order to cease and desist to any person:
(a) Acting as a contractor; or
(b) Submitting a bid on a job situated in this state,
without a license as a contractor issued pursuant to this chapter. The order must be served personally or by certified mail and is effective upon receipt.
2. If it appears that any person has engaged in acts or practices which constitute a violation of this chapter or the violation of an order issued pursuant to subsection 1, the board may request the attorney general, the district attorney of the county in which the alleged violation occurred [,] or the district attorney of any other county in which that person maintains a place of business or resides [,] to apply on behalf of the board to the district court for an injunction restraining him from acting in violation of this chapter.
κ1995 Statutes of Nevada, Page 927 (CHAPTER 383, AB 399)κ
pursuant to subsection 1, the board may request the attorney general, the district attorney of the county in which the alleged violation occurred [,] or the district attorney of any other county in which that person maintains a place of business or resides [,] to apply on behalf of the board to the district court for an injunction restraining him from acting in violation of this chapter. Upon a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction may be granted. The board as plaintiff in the action is not required to prove any irreparable injury.
3. In seeking injunctive relief against any person for an alleged violation of NRS 624.230, it is sufficient to allege that the person did, upon a certain day, and in a certain county of this state:
(a) Act as a contractor; or
(b) Submit a bid on a job situated in this state,
without having a license to do so, without alleging any further or more particular facts concerning the matter.
4. The issuance of a restraining order or an injunction does not relieve the person against whom the restraining order or injunction is issued from criminal prosecution for practicing without a license.
5. If the court finds that [the] a person willfully violated an order issued pursuant to subsection 1, it shall impose a fine of not less than $250 nor more than $1,000 for each violation of the order.
Sec. 6. NRS 624.230 is hereby amended to read as follows:
624.230 1. It is unlawful for any person or combination of persons to:
(a) Engage in the business or act in the capacity of a contractor within this state; or
(b) Submit a bid on a job situated within this state,
without having a license therefor as provided in this chapter, unless that person or combination of persons is exempted from licensure as provided in this chapter.
2. The district attorneys in this state shall prosecute all violations of this section which occur in their respective counties, unless the violations are prosecuted by the attorney general. Upon the request of the board, the attorney general shall prosecute any violation of this section in lieu of prosecution by the district attorney.
3. In addition to any other penalty imposed pursuant to this chapter, a person who is convicted of violating subsection 1 may be required to pay:
(a) Court costs and the costs of prosecution;
(b) Reasonable costs of the investigation of the violation to the board;
(c) Damages he caused as a result of the violation up to the amount of his pecuniary gain from the violation; or
(d) Any combination of paragraphs (a), (b) and (c).
4. Any bid submitted by a person who is neither licensed nor exempted from licensure as provided in this chapter at the time the bid is submitted is void.
Sec. 7. NRS 624.245 is hereby amended to read as follows:
624.245 [Any] The board may prohibit a person who has been convicted of violating NRS 624.230 or 624.290 [may be disqualified] from taking a written or oral examination for a contractors license for a period of not more than 6 months from the date of his conviction.
κ1995 Statutes of Nevada, Page 928 (CHAPTER 383, AB 399)κ
Sec. 8. NRS 624.310 is hereby amended to read as follows:
624.310 1. In any case when the board refuses to issue or renew a license, [or] suspends or revokes a license [,] or imposes an administrative fine pursuant to section 3 of this act, the applicant or accused is entitled to a hearing before the board.
2. The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, [shall] must be considered a part of the record of the hearing before the board.
3. The hearing [shall] must be public if a request is made therefor.
________
Assembly Bill No. 430Committee on Ways and Means
CHAPTER 384
AN ACT relating to the department of administration; revising provisions governing the operating fund of the department of administration; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.219 is hereby amended to read as follows:
232.219 1. The department of administrations operating fund for [general] administrative services is hereby created as an internal service fund.
2. The operating budget of each of the [state] following entities must include an amount representing that entitys share of the operating costs of the central accounting function of the department:
(a) State public works board [and:
(a) The budget] ;
(b) Budget division;
[(b) The buildings]
(c) Buildings and grounds division;
[(c) The purchasing]
(d) Purchasing division;
[(d) The state]
(e) State printing and micrographics division; [and
(e)] (f) Hearings division;
(g) Risk management division;
(h) Office of financial management, training and controls; and
(i) If separately established, the motor pool division . [,
of the department must include an amount representing that divisions or boards or offices share of the operating costs of the central accounting function of the department.]
3. All money received for the central accounting services of the department must be deposited in the state treasury for credit to the operating fund.
κ1995 Statutes of Nevada, Page 929 (CHAPTER 384, AB 430)κ
4. All expenses of the central accounting function of the department must be paid from the fund as other claims against the state are paid.
Sec. 2. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 407Committee on Government Affairs
CHAPTER 385
AN ACT relating to the state treasurer; authorizing the state treasurer to negotiate the payment of compensation for certain banking services; clarifying certain provisions regarding the deposit of state money in insured credit unions; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 356.010 is hereby amended to read as follows:
356.010 [1.] All money under the control of the state treasurer belonging to the state must be deposited in any state or national banks, any insured credit [union] unions or in any insured savings and loan associations in this state, or in any banks , insured credit unions or insured savings and loan associations outside of this state as provided in NRS 356.100. The depository banks , credit unions or savings and loan associations [shall handle, collect and pay] may, if authorized by a contract negotiated with the state treasurer, receive compensation for handling, collecting and paying all checks, drafts and other exchange . [without cost to the state.
2. Any sums so deposited are deemed to be in the state treasury if the banks, credit unions or savings and loan associations in which the money is deposited furnish, before or simultaneously with the making of the deposits, security as provided in NRS 356.010 to 356.110, inclusive.] The compensation may be provided through the use of a compensating balance or a fixed-rate fee, or any combination thereof.
Sec. 2. NRS 356.100 is hereby amended to read as follows:
356.100 If deposits in depositories within this state are at or near the limit of deposits allowable under the value of bonds or securities pledged by such banks, insured credit unions or insured savings and loan associations, or as otherwise limited by NRS 356.010 to 356.110, inclusive, and an excess of money has accumulated in the state treasury, the state treasurer may:
1. Subject to the provisions of NRS 356.010 to 356.110, inclusive, with the written consent and approval of the state board of finance, deposit such amounts of money as may be advisable in banks , insured credit unions or insured savings and loan associations situated outside of this state; and
κ1995 Statutes of Nevada, Page 930 (CHAPTER 385, AB 407)κ
2. By check or order signed by the state treasurer and countersigned by at least two members of the state board of finance, withdraw the deposits as needed.
Sec. 3. This act becomes effective on July 1, 1995.
________
Senate Bill No. 488Committee on Commerce and Labor
CHAPTER 386
AN ACT relating to trade practices; prohibiting a seller or salesman from charging or receiving money before the completion of service which is agreed upon; expanding the jurisdiction of the attorney general to investigate and prosecute violations of the provisions relating to solicitation by telephone; requiring the registration of certain persons who solicit donations or who offer to sell the services of a recovery service; authorizing the consumer affairs division of the department of business and industry to recover from the security deposited by registrants the costs of administering claims made against that security; revising the provisions relating to the deposit and use of certain money collected for violations of provisions governing deceptive trade practices and solicitation by telephone; providing a penalty; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 598.0975 is hereby amended to read as follows:
598.0975 1. [Money collected from civil penalties imposed] Except as otherwise provided in subsection 1 of NRS 598.0999 and subsection 4, all fees, civil penalties and any other money collected pursuant to [NRS 598.0973:] the provisions of NRS 598.0903 to 598.0999, inclusive:
(a) In an action brought by the attorney general, commissioner or director, must be deposited [with the state treasurer and accounted for separately] in the state general fund [.] and may only be used to offset the costs of administering and enforcing the provisions of NRS 598.0903 to 598.0999, inclusive.
(b) In an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.
2. Money in the [accounts] account created pursuant to paragraph (b) of subsection 1 must be used by the [attorney general or the] district attorney of the county [, as appropriate,] for:
(a) The investigation and prosecution of deceptive trade practices against elderly or disabled persons; and
(b) Programs for the education of consumers which are directed toward elderly or disabled persons, law enforcement officers, members of the judicial system, persons who provide social services and the general public.
3. At the end of each fiscal year, the state treasurer shall:
(a) Prepare a written report which specifies the total amount of money deposited in the state general fund pursuant to paragraph (a) of subsection 1; and
κ1995 Statutes of Nevada, Page 931 (CHAPTER 386, SB 488)κ
(b) Submit the report to the director of the department of administration, the attorney general and the consumer affairs division of the department of business and industry.
4. The provisions of this section do not apply to:
(a) Criminal fines imposed pursuant to NRS 598.0903 to 598.0999, inclusive; or
(b) Restitution ordered pursuant to NRS 598.0903 to 598.0999, inclusive, in an action brought by the attorney general. Money collected for restitution ordered in such an action must be deposited with the state treasurer and credited to the appropriate account of the consumer affairs division of the department of business and industry or the attorney general for distribution to the person for whom the restitution was ordered.
Sec. 1.5. Chapter 599B or NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A seller or salesman engaged in a recovery service shall not charge or receive any money or other valuable consideration from a consumer before full and complete performance of the service which the seller or salesman has agreed to perform for or on behalf of the consumer.
Sec. 3. 1. The attorney general has primary jurisdiction to investigate and prosecute violations of this chapter and any fraud involving solicitation by telephone.
2. When acting pursuant to this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.
Sec. 4. NRS 599B.005 is hereby amended to read as follows:
599B.005 1. The legislature finds and declares that:
(a) The sale of goods or services or the solicitation of donations by telephone has a significant impact upon the economy and well being of this state and its local communities.
(b) Many legitimate solicitors by telephone merit certain protections pursuant to the laws of this state.
(c) Certain unscrupulous practices by persons soliciting donations or the sale of goods or services by telephone are contrary to good business practices and have caused [purchasers] consumers to suffer substantial losses because of misrepresentation, the lack of complete information relating to goods, services and the persons initiating or causing the solicitation by telephone, and the lack of delivery of the goods and services purchased.
2. It is the intent of the legislature to:
(a) Provide each [prospective purchaser] consumer with information necessary to make an intelligent decision relating to donations or offers of sale;
(b) Educate and assist the public to distinguish between honest and dishonest practices of solicitation by telephone;
(c) Safeguard the public against deceptive practices and financial hardship;
(d) Prohibit representations that tend to be misleading;
(e) Ensure, foster and encourage competition and fair dealings among sellers by requiring sellers to disclose certain information adequately; and
(f) Protect the integrity of the industry relating to solicitation by telephone.
κ1995 Statutes of Nevada, Page 932 (CHAPTER 386, SB 488)κ
3. As the provisions of this chapter are necessary to protect the public welfare, it is also the intent of the legislature that the provisions of this chapter be liberally construed to effectuate its purposes.
Sec. 5. NRS 599B.010 is hereby amended to read as follows:
1. Chance promotion means any plan in which premiums are distributed by random or chance selection.
2. Commissioner means the commissioner of consumer affairs.
3. Consumer means a person who is solicited by a seller or salesman.
4. Division means the consumer affairs division of the department of business and industry.
[4.] 5. Donation means a promise, grant or pledge of money, credit, property, financial assistance or other thing of value given in response to a solicitation by telephone, including, but not limited to, a payment or promise to pay in consideration for a performance, event or sale of goods or services. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:
(a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and
(b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.
6. Goods or services means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.
[5.] 7. Premium includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.
[6. Purchaser or prospective purchaser means a person who is solicited to become or does become obligated to a seller.
7.] 8. Recovery service means a business or other practice whereby a person represents or implies that he will, for a fee, recover any amount of money that a consumer has provided to a seller or salesman pursuant to a solicitation governed by the provisions of this chapter.
9. Salesman means any person:
(a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;
(b) Retained by a seller to provide consulting services relating to the management or operation of the sellers business; or
(c) Who communicates on behalf of a seller with a [prospective purchaser:] consumer:
(1) In the course of a solicitation by telephone; or
(2) For the purpose of verifying, changing or confirming an order,
except that a person is not a salesman if his only function is to identify a [prospective purchaser] consumer by name only and he immediately refers the [purchaser] consumer to a salesman.
[8.] 10. Except as otherwise provided in subsection [9,] 11, seller means any person who, on his own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salesmen or any automated dialing announcing device under any of the following circumstances:
κ1995 Statutes of Nevada, Page 933 (CHAPTER 386, SB 488)κ
or any automated dialing announcing device under any of the following circumstances:
(a) The person initiates contact by telephone with a [prospective purchaser] consumer and represents or implies:
(1) That a [prospective purchaser] consumer who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;
(2) That a [prospective purchaser] consumer will or has a chance or opportunity to receive a premium;
(3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity; [or]
(4) That offered for sale is information or opinions relating to sporting events;
(5) That offered for sale are the services of a recovery service; or
(6) That the consumer will receive a premium or goods or services if he makes a donation; or
(b) The solicitation by telephone is made by the person in response to inquiries from a [prospective purchaser] consumer generated by a notification of communication sent or delivered to the [prospective purchaser] consumer that represents or implies:
(1) That the [prospective purchaser] consumer has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;
(2) That the [prospective purchaser] consumer will receive a premium if the recipient calls the person; [or]
(3) That if the [prospective purchaser] consumer buys one or more goods or services from the person, the [prospective purchaser] consumer will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services; [or]
(4) That offered for sale are the services of a recovery service; or
(5) That the consumer will receive a premium or goods or services if he makes a donation; or
(c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:
(1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity; [or]
(2) Information or opinions relating to sporting events [.
9.] ; or
(3) Services of a recovery service.
11. Seller does not include:
(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.
κ1995 Statutes of Nevada, Page 934 (CHAPTER 386, SB 488)κ
(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.
(c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his license.
(d) [A person soliciting the sale of a newspaper or magazine of general circulation or any] Any solicitation of sales made by the publisher of [such] a newspaper or magazine or by an agent of the publisher pursuant to a written agreement [.] between the agent and publisher.
(e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcasters license.
(f) [A nonprofit organization when soliciting sales if no part of the net earnings from the sales inures to the benefit of any private shareholder or other person.] A person who solicits a donation from a consumer when:
(1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or
(2) The consumer provides a donation of $50 or less in response to the solicitation.
(g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.
(h) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.
[(h)] (i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.
[(i)] (j) A person soliciting the sale of books, recordings, video cassettes or similar items through an organization whose method of sales is governed by the regulations of the Federal Trade Commission relating to the use of negative option plans by sellers in commerce, including the use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements under which the person periodically ships merchandise to a [prospective purchaser] consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandize for at least 10 days and return it for a full refund within 30 days after it is received.
[(j)] (k) A person who solicits sales by periodically publishing and delivering a catalog to [prospective purchasers] consumers if the catalog:
(1) Contains a written description or illustration of each item offered for sale and the price of each item;
(2) Includes the business address of the person;
(3) Includes at least 100 pages of written material and illustrations;
(4) Is distributed in more than one state; and
(5) Has an annual circulation by mailing of not less than 250,000.
[(k)] (l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the [prospective purchaser,] consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the [prospective purchaser.
κ1995 Statutes of Nevada, Page 935 (CHAPTER 386, SB 488)κ
(l)] consumer.
(m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.
[(m)] (n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.
[(n)] (o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.
[(o)] (p) A person soliciting the sale of services provided by a community antenna television company subject to regulation pursuant to chapter 711 of NRS.
[(p)] (q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100. As used in this paragraph, agricultural products has the meaning ascribed to it in NRS 587.290.
[(q)] (r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:
(1) Goods are displayed and offered for sale or services are offered for sale and provided at the persons business establishment; and
(2) At least 50 percent of the persons business involves the buyer obtaining such goods or services at the persons business establishment.
[(r)] (s) A person soliciting only the sale of telephone answering services to be provided by the person or his employer.
[(s)] (t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:
(1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act (7 U.S.C. §§ 1 et seq.); and
(2) The registration or license has not expired or been suspended or revoked.
[(t)] (u) A person who contracts for the maintenance or repair of goods previously purchased from the person:
(1) Making the solicitation; or
(2) On whose behalf the solicitation is made.
[(u)] (v) A person to whom a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his license.
[(v)] (w) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:
(1) Does not offer the customer any premium in connection with the sale;
(2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and
(3) Is not regularly engaged in telephone sales.
[(w)] (x) A person who solicits the sale of livestock.
κ1995 Statutes of Nevada, Page 936 (CHAPTER 386, SB 488)κ
[(x)] (y) An issuer or wholly owned subsidiary of an issuer which has a security that is listed on the New York Stock Exchange.
Sec. 6. NRS 599B.080 is hereby amended to read as follows:
599B.080 It is unlawful for any person to do business as a seller or salesman in this state without being registered with the division pursuant to the provisions of this chapter. For the purposes of this section, a person does business as a seller or salesman in this state if he solicits or causes to be solicited a sale of goods or services or a donation from a location in this state or solicits persons in this state from a location outside this state.
Sec. 7. NRS 599B.090 is hereby amended to read as follows:
599B.090 1. An applicant for registration as a seller must submit to the division, in such form as it prescribes, a written application for registration. The application must:
(a) Set forth the name of the applicant, including each name under which he intends to do business;
(b) Set forth the name of any parent or affiliated entity that:
(1) Will engage in a business or other transaction with the [purchaser] consumer relating to any sale or donation solicited by the applicant; or
(2) Accepts responsibility for any statement or act of the applicant relating to any sale or donation solicited by the applicant;
(c) Set forth the complete street address of each location, designating the principal location, from which the applicant will be doing business;
(d) Contain a list of all telephone numbers to be used by the applicant, with the address where each telephone using these numbers will be located;
(e) Set forth the name and address of each:
(1) Principal officer, director, trustee, shareholder, owner or partner of the applicant, and of each other person responsible for the management of the business of the applicant;
(2) Person responsible for a location from which the applicant will do business; and
(3) Salesman to be employed by the applicant;
(f) Be accompanied by a copy of any:
(1) Script, outline or presentation the applicant will require a salesman to use when soliciting or, if no such document is used, a statement to that effect;
(2) Sales or donation information or literature to be provided by the applicant to a salesman, or of which the applicant will inform the salesman; and
(3) Sales or donation information or literature to be provided by the applicant to a [purchaser] consumer in connection with any solicitation;
(g) If the applicant is a corporation, be signed by an officer of the corporation; and
(h) If the applicant is a natural person, be completed personally by the applicant.
2. Any material submitted pursuant to paragraph (f) of subsection 1 is submitted for the records of the division and not for the approval of the division.
3. The information provided pursuant to paragraph (f) of subsection 1 by an applicant for registration as a seller is confidential and may only be released to a law enforcement agency, to a court of competent jurisdiction or by order of a court of competent jurisdiction.
κ1995 Statutes of Nevada, Page 937 (CHAPTER 386, SB 488)κ
released to a law enforcement agency, to a court of competent jurisdiction or by order of a court of competent jurisdiction.
4. If the applicant is other than a natural person, or if any parent or affiliated entity is identified pursuant to paragraph (b) of subsection 1, the applicant must, for itself and any such entity, identify its place or organization and:
(a) In the case of a partnership, provide a copy of any written partnership agreement; or
(b) In the case of a corporation, provide a copy of its articles of incorporation and bylaws.
5. An application filed pursuant to this section must be verified and accompanied by:
(a) A bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100;
(b) A fee for registration in the amount of $6,000; and
(c) If subsection [5] 6 applies, the additional bond, letter of credit or certificate of deposit and the additional fee required by that subsection.
6. If an applicant intends to do business under any assumed or fictitious name, he must, for each such name:
(a) File an additional bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100; and
(b) Pay an additional fee for registration in the amount of $6,000.
Sec. 8. NRS 599B.100 is hereby amended to read as follows:
599B.100 1. An application filed pursuant to NRS 599B.090 must be accompanied by:
(a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposits are insured by an agency of the Federal Government; or
(c) A certificate of deposit in a financial institution insured by an agency of the Federal Government, which may be withdrawn only on the order of the commissioner, except that the interest may accrue to the applicant.
2. The amount of the bond, letter of credit or certificate of deposit must be $50,000, and the bond, letter of credit or certificate of deposit must be conditioned upon compliance by the applicant with the provisions of this chapter.
3. The amount of the security required to be filed by the seller may be increased to not more than $250,000 as part of an assurance of discontinuance accepted by the attorney general pursuant to NRS 599B.235.
4. If, after a registration certificate is issued, the amount of the bond, letter of credit or certificate of deposit which secures the registration falls below the amount that is required by subsection 2 or the amount determined by the commissioner pursuant to subsection 3, the seller shall be deemed not to be registered pursuant to this chapter for the purposes of NRS 599B.080.
5. The term of any bond, letter of credit or certificate of deposit, or any renewal thereof, must not be less than 1 year.
6. The commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this section.
κ1995 Statutes of Nevada, Page 938 (CHAPTER 386, SB 488)κ
7. A seller may change the form of the security. If a seller changes the form of the security, the commissioner may retain for not more than 1 year all or a portion of the security previously filed by the seller as security for claims arising at the time the security was in effect.
8. If no claims have been filed against the bond, letter of credit or certificate of deposit within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the commissioner shall release the bond, letter of credit or certificate of deposit to the registrant and shall not audit any claims filed thereafter by [purchasers.] consumers. If one or more claims have been filed against the bond, letter of credit or certificate of deposit within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any [purchaser] consumer earlier than 1 year after the registrant ceases to operate or his registration expires, whichever occurs later. The division shall not audit any claims which are filed pursuant to NRS 599B.105 more than 1 year after the registrant ceases to operate or his registration expires, whichever occurs later. For the purposes of this subsection, the commissioner shall determine the date on which a registrant ceases to operate.
Sec. 9. NRS 599B.105 is hereby amended to read as follows:
599B.105 1. The bond, letter of credit or certificate of deposit filed pursuant to NRS 599B.100 must be held in trust for [purchasers] consumers injured by the seller.
2. Any [purchaser] consumer who is injured by the bankruptcy of the seller or his breach of any agreement entered into in his capacity as a registrant may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.
3. In addition to the remedy provided by subsection 2, a [purchaser] consumer may file with the division a claim against a bond, letter of credit or certificate of deposit filed pursuant to NRS 599B.100 if he:
(a) Has purchased or received goods or services from a registrant;
(b) Was harmed by that registrants breach of any agreement entered into in his capacity as a registrant; and
(c) Can show that he is entitled to a refund pursuant to subsection 1 of NRS 599B.190.
No other person is entitled to bring an action against the bond, letter of credit or certificate of deposit pursuant to this subsection.
4. The division shall audit each claim to determine whether the [purchaser] consumer is entitled to receive a refund pursuant to subsection 1 of NRS 599B.190. The division may request the [purchaser] consumer and the registrant , or either of them , to provide information to assist in the audit.
5. After the division has completed its audit, it shall schedule a hearing and notify the registrant and the [purchaser] consumer of its intent [either] to take action or to decline to take action. If the division decides that it will take action against the bond, letter of credit or certificate of deposit, it shall notify the registrant not less than 10 days before the date set for the hearing to appear and show cause why the division should not take the intended action. If the division decides that it will not take action against the bond, letter of credit or certificate of deposit of a registrant on behalf of the [purchaser,] consumer, the division shall notify the [purchaser] consumer not less than 10 days before the date set for the hearing to appear and show cause why the division should not decline to take action.
κ1995 Statutes of Nevada, Page 939 (CHAPTER 386, SB 488)κ
consumer, the division shall notify the [purchaser] consumer not less than 10 days before the date set for the hearing to appear and show cause why the division should not decline to take action.
6. If, upon hearing, the commissioner determines that there are sufficient grounds to take the intended action against the bond, letter of credit or certificate of deposit, or if the registrant or the [purchaser] consumer fails to appear and show cause why the division should not take the intended action, the commissioner shall take the action provided for in the divisions notice of intended action.
7. The division shall not distribute or cause to be distributed to the [purchaser] consumer more than the actual amount of money that the [purchaser] consumer paid for the product, service or premium. The division shall not distribute or cause to be distributed to the [purchaser] consumer the value of a premium if the value exceeds the amount paid by the [purchaser.] consumer.
8. Except as otherwise provided in subsection 10, if the total amount of money awarded to [purchasers] consumers against a bond does not exceed the amount of that bond, the surety on the bond shall distribute the money from the bond to the [purchasers] consumers according to the terms of the order of the commissioner and is thereby relieved of all liability pursuant to the bond.
9. If the total amount of money awarded to [purchasers] consumers against a bond exceeds the amount of that bond, or if the security is held in the form of a letter of credit or a certificate of deposit, the surety on the bond or the issuer of the letter of credit or certificate of deposit shall deposit the amount of the security with the division and is thereby relieved of all liability pursuant thereto. Except as otherwise provided in subsection 10, the division shall distribute to each [purchaser] consumer his pro rata share of the proceeds of the bond, letter of credit or certificate of deposit.
10. Before distributing the proceeds of the bond, letter of credit or certificate of deposit to the [purchaser,] consumer, the division [shall] :
(a) Shall allow the registrant a reasonable amount of time within which to resolve the claims.
(b) Is entitled to deduct from the proceeds of the bond, letter of credit or certificate of deposit the divisions or commissioners costs of hearing, auditing and determining the claim, including attorneys fees.
11. A [purchaser] consumer who receives less than a full refund may bring an action in a court of competent jurisdiction against the registrant to recover the unpaid balance.
12. The commissioner may adopt regulations regarding the distribution of the money to claimants pursuant to this section, including the conduct of hearings relating to such distributions.
Sec. 10. NRS 599B.160 is hereby amended to read as follows:
599B.160 If any change is made to any script, outline, presentation [,] or sales or donation information or literature used by a registrant in connection with any solicitation, the new or revised material must be submitted by the registrant to the division before such material is used.
Sec. 11. NRS 599B.170 is hereby amended to read as follows:
599B.170 1. During any solicitation or sales presentation made by him, or in any correspondence written in connection with a sale, a salesman shall:
(a) Identify himself by stating his true name;
κ1995 Statutes of Nevada, Page 940 (CHAPTER 386, SB 488)κ
(b) Identify the seller by whom he is employed; and
(c) State the purpose of his call.
2. During any solicitation or sales presentation made by him, or in any correspondence written in connection with a registrant, a registrant shall disclose to a [prospective purchaser:] consumer:
(a) Any charge, including the amount associated with the use of any premium being offered;
(b) Any material restriction, requirement, condition, limitation or exception which is associated with the use of the premium; and
(c) Any charge connected with the sale of any goods or services.
3. A registrant shall not characterize a premium as a prize unless the [prospective purchaser] consumer may receive the premium free of charge and without making any purchase.
4. A registrant shall inform each [prospective purchaser] consumer of the time within which any premium will be delivered.
5. A registrant shall not make any representation of the number of premiums to be awarded in a sales promotion unless the representation accurately reflects the actual number of premiums that will be awarded.
Sec. 12. NRS 599B.180 is hereby amended to read as follows:
599B.180 If a seller expressly or impliedly represents to any [prospective purchaser,] consumer, directly or through a salesman, that the [purchaser] consumer is or may be eligible to receive any gift, premium, bonus or prize, however denominated, the seller shall:
1. Submit to the division a statement setting forth, for each item mentioned:
(a) A description of the item.
(b) The value or worth of the item and the basis for the valuation.
(c) All terms and conditions a [purchaser] consumer must satisfy in order to receive the item. The statement must be accompanied by a copy of the written statement of terms and conditions provided to [purchasers] consumers pursuant to subsection 3.
(d) If they are ascertainable, the odds, for a given [purchaser,] consumer, of receiving the item.
(e) If a [purchaser] consumer is to receive fewer than all the items described by the seller:
(1) The manner in which the seller decides which item a given [purchaser] consumer is to receive.
(2) If they are ascertainable, the odds, for a given [purchaser,] consumer, of receiving each item described.
(3) The name and address of each person who has, during the preceding 12 months or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.
2. Provide the following information to the [purchaser] consumer at the time of the solicitation:
(a) The complete address of the location and the telephone number from which the [purchaser] consumer is being called and, if different, the complete address of the principal location at which the seller does business.
(b) The information required by paragraphs (a) and (c) of subsection 1.
κ1995 Statutes of Nevada, Page 941 (CHAPTER 386, SB 488)κ
(c) If the seller elects to inform the [purchaser] consumer of the value or worth of the item, the information must be identical to that submitted pursuant to paragraph (b) of subsection 1, in exactly the form submitted.
(d) If the [purchaser] consumer is to receive fewer than all the items described by the seller, the information required by subparagraph (1) of paragraph (e) of subsection 1.
3. Advise the [purchaser,] consumer, at the time of the solicitation, that he may obtain, without cost, a written statement of the terms and conditions he must satisfy in order to receive the item. If the [purchaser] consumer so requests, the seller shall send him such a statement, by mail, without cost to the [purchaser.] consumer.
Sec. 13. NRS 599B.185 is hereby amended to read as follows:
599B.185 If a registrant solicits the sale of investments or opportunities for investment, he shall, during the oral sales presentation and in writing, inform the prospective [purchaser:] consumer:
1. Of the manner in which the price of the offered item is determined;
2. Whether the registrant or his employer receives any financial advantage other than an agents or brokerage fee; and
3. Of the amount of any agents or brokerage fee.
Sec. 14. NRS 599B.187 is hereby amended to read as follows:
599B.187 1. A registrant shall not use a chance promotion unless each [prospective purchaser] consumer is entitled to participate in the promotion without charge or payment of any kind.
2. A registrant shall, before describing any item offered in a chance promotion, inform each [prospective purchaser] consumer that he may participate in the promotion without any obligation to purchase any goods or services.
3. If a [prospective purchaser] consumer specifically requests the information and the odds are ascertainable, the registrant shall orally disclose the odds of receiving each item offered in the chance promotion. If such a request is made but the odds are not ascertainable, the registrant shall disclose the manner in which the items offered in the promotion are awarded.
4. A registrant shall not require or request the payment of any money as a condition of obtaining any premium offered in a chance promotion.
5. A registrant shall not require a person to perform any action or to supply any information to participate in a chance promotion, except that the registrant may require the person to submit a written request sent by first-class mail. A registrant may not require the person to supply any information other than his name, address and a list of the premiums available in the chance promotion.
6. If a premium is offered in a chance promotion, the registrant shall provide any such premium to each person who does not purchase goods or services from the registrant upon the same terms, including time of delivery, as are provided to the persons who do purchase goods or services from the registrant.
7. If requested, a registrant shall inform each person who does not purchase goods or services from the registrant of the manner in which the person can participate in the chance promotion.
8. Any registrant who uses a chance promotion shall:
κ1995 Statutes of Nevada, Page 942 (CHAPTER 386, SB 488)κ
(a) Furnish to the division information establishing the financial ability of the registrant to award all premiums to be given in the promotion.
(b) Award all premiums included in the promotion to bona fide recipients within 12 months after the promotion begins.
(c) Deliver the premiums to bona fide recipients within a reasonable time.
Sec. 15. NRS 599B.190 is hereby amended to read as follows:
599B.190 1. Except as otherwise provided in subsection 3, a person who purchases goods or services or makes a donation pursuant to a solicitation governed by this chapter must be given a refund or replacement, at his option, if:
(a) The goods or services are defective, are not as represented or if any item described pursuant to NRS 599B.180 is not received as promised; and
(b) He returns the unused goods, if any, or makes a written request for the refund or replacement within 30 days after he receives:
(1) The goods or services; or
(2) Any item described pursuant to NRS 599B.180,
whichever is received later. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this paragraph.
2. A registrant who receives a written request for a refund or replacement shall not require prior authorization for a return of goods and shall give a refund or replacement within 14 days after receipt of the request.
3. If a [purchaser] consumer of goods returns only a portion of the goods, the refund or replacement required by subsection 1 may be prorated accordingly.
4. The refund or replacement required by subsection 1 must be given by the seller, regardless of whether payment for the goods or services is made to the seller or some other person.
5. Except for any proration permitted by subsection 3, a registrant shall not impose any charge in connection with a return of goods or a request for a refund or replacement.
6. If a registrant receives payment by credit card, he may issue a refund in the form of a credit to the credit card account of the [purchaser] consumer in lieu of a cash refund.
7. Within 3 days after any purchase of goods or services or upon delivery of the goods or services, whichever is later, or within 3 days after receiving a donation, the seller shall provide the [purchaser] consumer with a written summary of the provisions of this section. The summary must:
(a) Be made in a form prescribed by the division.
(b) Include the address to which returned goods or a request for refund may be sent.
(c) Be accompanied by a statement containing the information required by paragraph (e) of subsection 1 of NRS 599B.180, if the provisions of that section apply.
(d) If the provisions of paragraph (c) of subsection 2 of NRS 599B.180 apply, be accompanied by a statement concerning the number of persons who have, during the 12 months preceding the solicitation or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.
κ1995 Statutes of Nevada, Page 943 (CHAPTER 386, SB 488)κ
A summary is timely if it is postmarked, properly addressed and postage prepaid, within the time provided by this subsection.
Sec. 16. NRS 599B.245 is hereby amended to read as follows:
599B.245 1. If the attorney has reason to believe that a person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, he may institute an appropriate legal proceeding against the person. The district court, upon a showing that the person, either directly or indirectly, has violated, is violating or is about to violate any of the provisions of this chapter or any regulation adopted pursuant thereto, may grant the following remedies, as appropriate:
(a) Issue a temporary or permanent injunction;
(b) Impost a civil penalty not to exceed $5,000 for each violation;
(c) Issue a declaratory judgment;
(d) Order restitution for [purchasers;] consumers;
(e) Provide for the appointment of a receiver;
(f) Order the payment of attorneys fees and costs; and
(g) Order such other relief as the court deems just.
2. Any person who violates a court order or injunction issued pursuant to subsection 1 shall, upon a complaint brought by the attorney general, pay a civil penalty of not more than $50,000 for each violation.
[3. A civil penalty paid pursuant to this section must be deposited in the state general fund.]
Sec. 17. NRS 599B.255 is hereby amended to read as follows:
599B.255 1. [The] Except as otherwise provided in section 3 of this act, the attorney general or the district attorney of any county in this state may prosecute any person who willfully violates, either directly or indirectly, the provisions of this chapter. Except as otherwise provided in subsection 3, such a person:
(a) For the first offense within 10 years, is guilty of a misdemeanor.
(b) For the second offense within 10 years, is guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses within 10 years, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $50,000, or by both fine and imprisonment.
2. Any offense which occurs within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 1 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
3. Any person who violates any provision of NRS 599B.080 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, by a fine of not more than $50,000 or by both fine and imprisonment.
4. Property or proceeds attributable to any violation pursuant to the provisions of this section are subject to forfeiture in the manner provided by NRS 179.1156 to 179.119, inclusive.
κ1995 Statutes of Nevada, Page 944 (CHAPTER 386, SB 488)κ
Sec. 18. NRS 599B.260 is hereby amended to read as follows:
599B.260 1. [All fees and] Except as otherwise provided in subsection 3, all fees, civil penalties and any other money collected pursuant to this chapter in an action brought by the attorney general must be deposited [with the state treasurer for credit to the appropriate account of the division] in the state general fund and may only be used to defray the costs of:
(a) Administering and enforcing the provisions of this chapter.
(b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct of sellers and salesmen, whether or not the sellers and salesmen are registered pursuant to this chapter.
2. At the end of each fiscal year, the state [controller shall transfer to the state general fund any balance in excess of $250,000 remaining in the account to which fees and civil penalties were credited pursuant to subsection 1.] treasurer shall:
(a) Prepare a written report which specifies the total amount of money deposited in the state general fund pursuant to subsection 1; and
(b) Submit the report to the director of the department of administration, the attorney general and the division.
3. The provisions of this section do not apply to:
(a) Criminal fines imposed pursuant to the provisions of this chapter; or
(b) Restitution ordered in an action brought by the attorney general pursuant to the provisions of this chapter. Money collected for restitution ordered in such an action must be deposited with the state treasurer and credited to the appropriate account of the division or the attorney general for distribution to the person for whom the restitution was ordered.
Sec. 19. NRS 599B.280 is hereby amended to read as follows:
599B.280 1. In any action brought pursuant to NRS 599B.245 or 599B.255, or section 3 of this act, if the court finds that a person has engaged in an unlawful solicitation by telephone directed toward an elderly or disabled person, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $10,000 for each violation.
2. In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:
(a) The conduct of the person was in disregard of the rights of the elderly or disabled person;
(b) The person knew or should have known that his conduct was directed toward an elderly or disabled person;
(c) The elderly or disabled person was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly or disabled person;
(d) The conduct of the person caused the elderly or disabled person to suffer actual and substantial physical, emotional or economic damage;
(e) The conduct of the person caused the elderly or disabled person to suffer:
(1) Mental or emotional anguish;
(2) The loss of the primary residence of the elderly or disabled person;
(3) The loss of the principal employment or source of income of the elderly or disabled person;
κ1995 Statutes of Nevada, Page 945 (CHAPTER 386, SB 488)κ
(4) The loss of money received from a pension, retirement plan or governmental program;
(5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;
(6) The loss of assets which are essential to the health and welfare of the elderly or disabled person; or
(7) Any other interference with the economic well-being of the elderly or disabled person, including the encumbrance of his primary residence or principal source of income; or
(f) Any other factors that the court deems to be appropriate.
Sec. 20. NRS 599B.290 is hereby amended to read as follows:
599B.290 1. Money collected from civil penalties imposed pursuant to NRS 599B.280 [:
(a) In an action brought by the attorney general, must be deposited with the state treasurer and accounted for separately in the state general fund.
(b) In] in an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.
2. Money in the [accounts] account created pursuant to subsection 1 must be used by the [attorney general or the] district attorney of the county [, as appropriate,] for:
(a) The investigation and prosecution of acts of unlawful solicitation by telephone against elderly or disabled persons; and
(b) Programs for the education of consumers which are directed toward elderly or disabled persons, law enforcement officers, members of the judicial system, persons who provide social services and the general public.
Sec. 21. NRS 599B.175 is hereby repealed.
Sec. 22. The amendatory provisions of this act do not repeal or otherwise limit the duty of the attorney general to:
1. Investigate and prosecute deceptive trade practices against elderly or disabled persons; and
2. Provide programs for the education of consumers which are directed toward elderly or disabled persons, law enforcement officers, members of the judicial system, persons who provide social services and the general public.
Sec. 23. As soon as practicable after July 1, 1995, any unobligated money:
1. Credited to an account of the consumer affairs division of the department of business and industry pursuant to NRS 599B.260; and
2. Remaining in that account on June 30, 1995,
must be transferred to the state general fund.
Sec. 24. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 946κ
Assembly Bill No. 88Committee on Judiciary
CHAPTER 387
AN ACT making appropriations to certain judicial districts for programs of treatment for the abuse of alcohol or drugs; and providing other matters properly relating thereto.
[Approved June 26, 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 administrator of the courts of the Eighth Judicial District of the State of Nevada the sum of $250,000 for the expansion of its program of treatment for the abuse of alcohol or drugs established pursuant to NRS 453.580.
2. The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the program of treatment established in the Eighth Judicial District pursuant to NRS 453.580.
Sec. 2. 1. There is hereby appropriated from the state general fund to the administrator of the courts of the Second Judicial District of the State of Nevada the sum of $100,000 for the establishment of a program of treatment for the abuse of alcohol or drugs pursuant to NRS 453.580.
2. If the courts of the Second Judicial District do not establish a program pursuant to NRS 453.580 on or before October 1, 1995, the money appropriated pursuant to this section reverts to the state general fund.
Sec. 3. Any remaining balances of the appropriations made by section 1 or 2 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 947κ
Assembly Bill No. 425Assemblymen Fettic, Hettrick, Dini, Tiffany, Evans, Ernaut, Perkins, Humke, Anderson, Arberry, Williams, Segerblom, Giunchigliani, Price, Allard, Sandoval, Harrington, Steel, Monaghan, Bennett, Spitler, Marvel, Batten, Close, Braunlin, Brower, Carpenter, Neighbors, de Braga, Goldwater, Ohrenschall, Bache, Schneider, Buckley, Manendo, Tripple, Lambert, Krenzer, Chowning, Freeman, Stroth and Nolan
CHAPTER 388
AN ACT relating to drivers licenses; requiring the department of motor vehicles and public safety to suspend the drivers licenses of persons who a court has determined are in arrears in the payment for the support of children; authorizing the department to issue restricted licenses to those persons; providing a penalty; and providing other matters properly relating thereto.
[Approved June 26, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department shall, upon receiving notification from a district attorney or other public agency collecting support for children that a court has determined a person is in arrears in the payment for the support of a child pursuant to section 4 of this act, send a written notice to that person that his license is subject to suspension. The notice must include:
(a) The reason for the suspension of the license;
(b) The information set forth in subsections 2, 3 and 4; and
(c) Any other information the department deems necessary.
2. If a person who receives a notice pursuant to subsection 1 does not satisfy the arrearage as required in section 4 of this act within 30 days after he receives the notice, the department shall suspend his license.
3. The department shall reinstate the drivers license of a person whose license was suspended pursuant to this section if it receives:
(a) A notice from the district attorney or other public agency pursuant to section 4 of this act that the person has satisfied the arrearages pursuant to that section; and
(b) Payment of the fee for reinstatement of a suspended license prescribed in NRS 483.410.
4. The department shall not require a person whose drivers license was suspended pursuant to this section to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of the reinstatement of his license.
Sec. 2. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, after a drivers license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
κ1995 Statutes of Nevada, Page 948 (CHAPTER 388, AB 425)κ
issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
2. After a drivers license has been suspended pursuant to NRS 62.226, the department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both; and
(b) If applicable, to and from school.
3. After a drivers license has been suspended pursuant to section 1 of this act, the department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both;
(b) To receive regularly scheduled medical care for himself or a member of his immediate family; and
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
4. A driver who violates a condition of a restricted license issued [under] pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.
[4.] 5. The periods of suspensions and revocations [under] required pursuant to this chapter and [under] NRS 483.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
[5.] 6. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 3. NRS 483.495 is hereby amended to read as follows:
483.495 The department shall by regulation:
1. Except as otherwise provided in subsection 4 of NRS 62.226 [,] and section 1 of this act, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:
(a) Must provide for a fair evaluation of a persons ability to operate a motor vehicle; and
κ1995 Statutes of Nevada, Page 949 (CHAPTER 388, AB 425)κ
(b) May allow for the waiver of certain tests or requirements as the department deems necessary.
2. Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.
Sec. 4. Chapter 425 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each district attorney or other public agency collecting support for children shall send a notice by first-class mail to each person who is in arrears in the payment for the support of a child. The notice must include a statement of the amount of the arrearage and the information set forth in subsection 2.
2. If the person does not satisfy the arrearage pursuant to subsection 6 or submit to the district attorney or other public agency a written request for a hearing within 20 days after he receives the notice required by subsection 1, the district attorney or other public agency shall report the name of that person to the department of motor vehicles and public safety.
3. If a person requests a hearing within the period prescribed in subsection 2, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of his recommendation at the conclusion of the hearing or as soon thereafter as is practicable. If the master determines that the person is in arrears in the payment for the support of a child, he shall include in the notice the information set forth in subsection 4.
4. If the master determines that a person who requested a hearing pursuant to subsection 2 is in arrears in the payment for the support of a child and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the department.
5. The district attorney or other public agency shall, within 5 days after the person who is in arrears in the payment for the support of a child satisfies the arrearage pursuant to subsection 6, notify the department that the person is no longer in arrears in the payment for the support of a child.
6. For the purposes of this section:
(a) A person is in arrears in the payment for the support of a child if:
(1) He owes more than $1,000 in payments for the support of a child which are past due and is delinquent for not less than 2 months in payments for the support of a child or any payments ordered by a court for arrearages in such payments; or
(2) He has failed to provide medical insurance for a child as required by a court order.
(b) A person who is in arrears in the payment for the support of a child may satisfy the arrearage by:
(1) Paying all of the past due payments;
(2) If unable to pay all past due payments, paying the amount of the overdue payments for the preceding 12 months which a court has determined are in arrears; or
(3) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.
κ1995 Statutes of Nevada, Page 950 (CHAPTER 388, AB 425)κ
(c) A person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at his last known address.
Sec. 5. This act becomes effective on January 1, 1996.
________
Assembly Bill No. 405Assemblymen Close, Steel, Braunlin, Arberry, Ernaut, Manendo, Sandoval, Stroth, Humke, Lambert, Batten, Chowning, Harrington, Nolan, Bennett, Goldwater, Spitler, Tiffany, Marvel, Fettic, Allard, Ohrenschall, Brower, Anderson, Tripple and Bache
CHAPTER 389
AN ACT relating to crimes; revising provisions prohibiting the sexual exploitation of children; providing a penalty; increasing the penalty for possessing child pornography; and providing other matters properly relating thereto.
[Approved June 27, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A person who knowingly prepares, advertises or distributes any item or material that depicts a minor engaging in, or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 15 years, or by a fine of not more than $15,000, or by both fine and imprisonment.
Sec. 3. The provisions of NRS 200.710, 200.720 and 200.730 and section 2 of this act do not apply to law enforcement personnel during the investigation or prosecution of a violation of the provisions of NRS 200.710, 200.720 or 200.730 or section 2 of this act.
Sec. 4. NRS 200.700 is hereby amended to read as follows:
200.700 As used in NRS 200.700 to 200.760, inclusive, and sections 2 and 3 of this act, unless the context otherwise provides:
1. Performance means any play, film, photograph, computer-generated image, electronic representation, dance or other visual presentation.
2. Promote means to produce, direct, procure, manufacture, sell, give, lend, publish, distribute, exhibit, advertise or possess for the purpose of distribution.
3. Sexual conduct means sexual intercourse, lewd exhibition of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sadomasochistic abuse, masturbation, or the penetration of any part of a persons body or of any object manipulated or inserted by a person into the genital or anal opening of the body of another.
4. Sexual portrayal means the depiction of a person in a manner which appeals to the prurient interest in sex and which does not have serious literary, artistic, political or scientific value.
κ1995 Statutes of Nevada, Page 951 (CHAPTER 389, AB 405)κ
Sec. 5. NRS 200.710 is hereby amended to read as follows:
200.710 1. A person who knowingly uses, encourages, entices, or permits a minor to simulate or engage in or assist others to simulate or engage in sexual conduct to produce a performance shall be punished as provided in NRS 200.750.
2. A person who knowingly uses, encourages, entices, coerces or permits a minor to be the subject of a sexual portrayal in a performance shall be punished as provided in NRS 200.750, regardless of whether the minor is aware that the sexual portrayal is part of a performance.
Sec. 6. NRS 200.720 is hereby amended to read as follows:
200.720 A person who knowingly promotes a performance of a minor [where he] :
1. Where the minor engages in or simulates, or assists others to engage in or simulate, sexual conduct ; or
2. Where the minor is the subject of a sexual portrayal,
shall be punished as provided in NRS 200.750.
Sec. 7. NRS 200.730 is hereby amended to read as follows:
200.730 A person who knowingly and willfully has in his possession for any purpose any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct:
1. For the first offense, [is guilty of a gross misdemeanor.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000.
2. For any subsequent offense, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [6] 10 years and may be further punished by a fine of not more than $5,000.
Sec. 8. NRS 200.740 is hereby amended to read as follows:
200.740 For the purposes of NRS 200.710, 200.720 and 200.730, and sections 2 and 3 of this act, to determine whether a person was a minor, the court or jury may:
1. Inspect the person in question;
2. View the performance;
3. Consider the opinion of a witness to the performance regarding the persons age;
4. Consider the opinion of a medical expert who viewed the performance; or
5. Use any other method authorized by the rules of evidence at common law.
Sec. 9. NRS 200.760 is hereby amended to read as follows:
200.760 All assets derived from or relating to any violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230 or section 2 of this act are subject to forfeiture. A proceeding for their forfeiture may be brought pursuant to NRS 179.1156 to 179.119, inclusive.
Sec. 10. NRS 201.249 is hereby amended to read as follows:
201.249 Except as otherwise provided in NRS 201.237 [,] and except under the circumstances described in NRS 200.720 or section 2 of this act, a person is guilty of a misdemeanor who knowingly:
κ1995 Statutes of Nevada, Page 952 (CHAPTER 389, AB 405)κ
1. Prints, produces or reproduces any obscene item or material for sale or commercial distribution.
2. Publishes, sells, rents, transports in intrastate commerce, or commercially distributes or exhibits any obscene item or material, or offers to do any such things.
3. Has in his possession with intent to sell, rent, transport or commercially distribute any obscene item or material.
Sec. 11. NRS 201.253 is hereby amended to read as follows:
201.253 [Every] Except under the circumstances described in NRS 200.710, every person who knowingly causes to be performed or exhibited, or engages in the performance or exhibition of, any obscene, indecent or immoral show, act or performance is guilty of a misdemeanor.
Sec. 12. NRS 201.265 is hereby amended to read as follows:
201.265 [A] Except under the circumstances described in NRS 200.720, a person is guilty of a misdemeanor who knowingly:
1. Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view or have access for examination any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors.
2. Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view, read, hear or examine any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, with or without music, which contains any matter enumerated in subsection 1, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, which is harmful to minors.
3. Exhibits for monetary consideration to a minor, sells to a minor an admission ticket or pass or admits a minor, for monetary consideration, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors, unless the minor is accompanied by his parent, guardian or spouse.
4. Misrepresents that he is the parent, guardian or spouse of a minor for the purpose of obtaining admission of the minor to any motion picture, show or any other presentation which is harmful to minors.
5. Misrepresents his age as 18 or over for the purpose of obtaining admission to any motion picture, show or other presentation which is harmful to minors.
Sec. 13. NRS 207.151 is hereby amended to read as follows:
207.151 Sex offender as used in NRS 207.151 to 207.157, inclusive, means any person who, after July 1, 1956, has been or is convicted of:
1. Assault with intent to commit a sexual assault.
2. A violation of any of the provisions of NRS 200.366, 200.368, 200.710, 200.720, 200.730, 201.180, 201.210, 201.220 or 201.230 [.] or section 2 of this act.
3. An attempt to commit any offense listed in subsection 1 or 2.
4. [A second or subsequent violation of the provisions of NRS 200.730.
κ1995 Statutes of Nevada, Page 953 (CHAPTER 389, AB 405)κ
5.] An offense in any place other than the State of Nevada which, if committed in this state, would be punishable as an offense listed in subsection 1, 2 or 3.
Sec. 14. NRS 217.050 is hereby amended to read as follows:
217.050 Personal injury means:
1. Actual bodily harm or threat of bodily harm which results in a need for medical treatment;
2. In the case of a minor who was involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730, or section 2 of this act, any harm which results in a need for medical treatment or any psychological or psychiatric counseling, or both; or
3. Any harm which results from sexual abuse.
Sec. 15. NRS 217.070 is hereby amended to read as follows:
217.070 Victim means:
1. A person who is physically injured or killed as the direct result of a criminal act;
2. A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730 [;] or section 2 of this act;
3. A minor who was sexually abused, as sexual abuse is defined in NRS 432B.100; or
4. A person who is physically injured or killed as the direct result of a violation of NRS 484.379 or any act or neglect of duty punishable pursuant to NRS 484.3795.
Sec. 16. NRS 217.220 is hereby amended to read as follows:
217.220 1. Except as otherwise provided in subsections 2, 3 and 4, compensation must not be awarded if the victim:
(a) Is a relative of the offender;
(b) Was, at the time of the personal injury or death of the victim, living with the offender in a continuing relationship;
(c) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the vehicle was used in violation of NRS 484.379 or its use was punishable pursuant to NRS 484.3795;
(d) Was not a resident of the State of Nevada at the time the incident upon which the claim is based occurred;
(e) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victims injuries; or
(f) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.
2. The provisions of paragraphs (a) and (b) of subsection 1 do not apply to a minor who was:
(a) Involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730 [;] or section 2 of this act;
(b) A victim of sexual abuse, as that term is defined in NRS 432B.100; or
(c) Physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.
κ1995 Statutes of Nevada, Page 954 (CHAPTER 389, AB 405)κ
3. A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if:
(a) The offender would not profit by the compensation of the victim; and
(b) The offender was not in violation of NRS 484.379 or punishable pursuant to NRS 484.3795.
4. The compensation officer may deny an award if he determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:
(a) The value of the victims dwelling;
(b) The value of one motor vehicle owned by the victim; or
(c) The savings and investments of the victim up to an amount equal to the victims annual salary.
Sec. 17. NRS 217.260 is hereby amended to read as follows:
217.260 1. Money for payment of compensation as ordered by the board and for payment of salaries and other expenses incurred by the department of administration pursuant to NRS 217.010 to 217.270, inclusive, must be paid from the fund for the compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid. The board shall estimate quarterly:
(a) The revenue in the fund which is available for the payment of compensation; and
(b) The anticipated expenses for the next quarter.
If the estimated expenses for the quarter exceed the available revenue, all claims paid in that quarter must be reduced in the same proportion as the expenses exceeded the revenue.
2. Money deposited in the fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that money must be used for the counseling and medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230 [.] or section 2 of this act.
3. The interest and income earned on the money in the fund for the compensation of victims of crime, after deducting any applicable charges, must be credited to the fund.
Sec. 18. The amendatory provisions of this act do not apply to offenses which are committed before October 1, 1995.
________
κ1995 Statutes of Nevada, Page 955κ
Senate Bill No. 252Committee on Human Resources and Facilities
CHAPTER 390
AN ACT relating to the manufactured housing division of the department of business and industry; providing requirements for the licensing of certain applicants as a manufacturer, dealer, rebuilder, serviceman or installer; authorizing the division to establish a trust account in the state treasury for the deposit of advance fees; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act:
Sec. 2. 1. Every partnership doing business as a manufacturer, dealer, rebuilder, serviceman or installer in this state shall designate one of its members, and every corporation doing business as a manufacturer, dealer, rebuilder, serviceman or installer in this state shall designate one of its officers, to submit an application for a manufacturers, dealers, rebuilders, servicemans or installers license.
2. The division shall issue a manufacturers, dealers, rebuilders, servicemans or installers license to the member or officer on behalf of the corporation or partnership, upon:
(a) The designated member or officer, in the case of a dealer, rebuilder, serviceman or installer, successfully passing the examination requirement pursuant to NRS 489.351; and
(b) Compliance with all other requirements of law or any other additional requirements the division may from time to time prescribe by regulation by the partnership or corporation, as well as by the designated member or officer.
3. Upon receipt of the license the designated member or officer is entitled to perform all the acts authorized by a license issued by the division, except:
(a) That the license issued entitles the designated member or officer to act pursuant to the terms and conditions of the license issued by the division only as officer or agent of the partnership or corporation, and not on his own behalf; and
(b) That if the person designated by the partnership or corporation:
(1) Is refused a license by the division; or
(2) Ceases to be connected with the partnership or corporation,
the partnership or corporation may designate another person who shall make application and qualify as in the first instance.
Sec. 3. Each member or officer of a partnership or corporation who will perform or engage in any of the acts specified in NRS 489.076, 489.105, 489.115 or 489.135, other than the member or officer designated for such purpose by the partnership or corporation in the manner provided in section 2 of this act, shall make application for and take out a separate manufacturers, dealers, rebuilders, servicemans or installers license in his own name. The licensed issued to any such member or officer of a partnership or corporation entitles the member or officer to act as a manufacturer, dealer, rebuilder, serviceman or installer only as an officer or agent of the partnership or corporation and not on his own behalf.
κ1995 Statutes of Nevada, Page 956 (CHAPTER 390, SB 252)κ
serviceman or installer only as an officer or agent of the partnership or corporation and not on his own behalf.
Sec. 4. 1. The division may establish a trust account in the state treasury in which persons who require the services of the division may deposit advance fees for payment of those services. Unless the appropriate fee accompanies the request for service, upon providing the service the division shall cause the account to be debited.
2. The division shall prescribe, by regulation, the services for which advance fees may be deposited and paid for upon providing the service.
3. The trust account established pursuant to this section must be administered by the administrator.
Sec. 5. NRS 489.491 is hereby amended to read as follows:
489.491 1. [All] Except as otherwise provided in section 4 of this act, all fees collected pursuant to the provisions of this chapter must be deposited in the state treasury for credit to the fund for manufactured housing which is hereby created as a special revenue fund. All expenses of the enforcement of this chapter must be paid from the fund.
2. The fund may not be used for any purpose, except the regulation of manufactured homes, mobile homes, travel trailers and commercial coaches and the administration of chapters 461 and 461A of NRS.
3. Claims against the fund must be paid as other claims against the state are paid.
Sec. 6. NRS 489.4971 is hereby amended to read as follows:
489.4971 1. The account for education and recovery relating to manufactured housing is hereby created within the fund for manufactured housing created pursuant to NRS 489.491 to satisfy claims against persons licensed pursuant to this chapter. Any balance in the account over $500,000 at the end of any fiscal year must be set aside and used by the administrator for education respecting manufactured homes, mobile homes, travel trailers or commercial coaches.
2. Upon issuance or renewal of the following licenses by the division, the licensee must pay in addition to the original or renewal licensee fee, a fee:
(a) For a dealers or manufacturers original license, or an original limited dealers license issued pursuant to NRS 489.281, of $1,000.
(b) For a dealers or manufacturers renewal license, or a renewal limited dealers license issued pursuant to NRS 489.281, of $600.
(c) For an original or renewal license for:
(1) A serviceman, rebuilder or installer, of $150.
(2) A salesman, of $25.
(3) A responsible managing employee, of $50.
[Fees] Except as otherwise provided in section 4 of this act, fees collected pursuant to this section must be deposited in the state treasury for credit to the account.
3. Payments from the account to satisfy claims against persons licensed pursuant to this chapter must be made only upon an appropriate court order.
Sec. 7. NRS 461.183 is hereby amended to read as follows:
461.183 [All] Except as otherwise provided in section 4 of this act, all fees collected pursuant to this chapter must be deposited in the state treasury for credit to the fund for manufactured housing.
κ1995 Statutes of Nevada, Page 957 (CHAPTER 390, SB 252)κ
for credit to the fund for manufactured housing. All expenses for the enforcement of this chapter must be paid from the fund.
Sec. 8. NRS 461A.220 is hereby amended to read as follows:
461A.220 1. A person shall not:
(a) Construct a mobile home park; or
(b) Construct or alter lots, roads or other facilities in a mobile home park, unless he has obtained a construction permit from the agency for enforcement.
2. Each agency for enforcement may charge and collect reasonable fees, specified by ordinance or regulation, for its services.
3. [Money] Except as otherwise provided in section 4 of this act, money collected by the division pursuant to this chapter must be deposited in the state treasury for credit to the fund for manufactured housing. Expenses of enforcement of this chapter must be paid from the fund.
Sec. 9. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 93Committee on Judiciary
CHAPTER 391
AN ACT relating to criminal offenders; prohibiting the director of the department of prisons from assigning an offender to a program for the treatment of an abuser of alcohol or drugs unless there is a substantial likelihood that the offender will complete the program; requiring the director to assign such an offender to residential confinement to complete the program of treatment under certain circumstances; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.427 is hereby amended to read as follows:
209.427 1. If the results of an evaluation conducted pursuant to NRS 484.3796 indicate that an offender is an abuser of alcohol or drugs and that he can be treated successfully for his condition, the director shall, except as otherwise provided in [subsection 2,] this section, assign the offender to the program of treatment established pursuant to NRS 209.425. Such an assignment must be, to the extent that the period reasonably can be predicted, for the year, or as much thereof as practicable, immediately preceding the date the offender is due to be released from prison, either on parole or at the expiration of his term.
2. Before assigning an offender to a program of treatment, the director, in cooperation with the division of parole and probation of the department of motor vehicles and public safety, shall determine, to the extent possible:
(a) The length of time remaining on the offenders sentence, taking into consideration any credits earned by the offender; and
(b) The likelihood that the offender will complete the entire program of treatment.
κ1995 Statutes of Nevada, Page 958 (CHAPTER 391, AB 93)κ
3. The director shall when assigning offenders to the program, to the extent possible, give preference to those offenders who appear to the director capable of successfully completing the entire program.
4. The director is not required to assign an offender to the program of treatment if the offender is not eligible for assignment to an institution or facility of minimum security pursuant to the provisions of NRS 209.481 and the regulations adopted pursuant thereto.
[3.] 5. The director may withdraw the offender from the program of treatment at any time if he determines that the offender:
(a) Is not responding satisfactorily to the program; or
(b) Has failed or refused to comply with any term or condition of the program.
6. As used in this section, entire program means both phases of the program established pursuant to NRS 209.425, for offenders who have not been released from prison, and NRS 209.429, for offenders who have been assigned to the custody of the division of parole and probation of the department of motor vehicles and public safety.
Sec. 2. NRS 209.429 is hereby amended to read as follows:
209.429 1. The director [may, at the request of an offender who has:
(a) Established a position of employment in the community; and
(b) Successfully completed the initial period of rehabilitation required under the program of treatment established pursuant to NRS 209.425,
assign the] shall assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence [.] if:
(a) The offender has established a position of employment in the community;
(b) The offender has successfully completed the initial period of treatment required under the program of treatment established pursuant to NRS 209.425; and
(c) The director believes that the offender will be able to:
(1) Comply with the terms and conditions required under residential confinement; and
(2) Complete successfully the remainder of the program of treatment while under residential confinement.
If an offender assigned to the program of treatment pursuant to subsection 3 of NRS 209.427, completes the initial phase of the program and thereafter refuses to enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits for good behavior earned by him before this refusal, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
2. Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the division a signed document stating that:
κ1995 Statutes of Nevada, Page 959 (CHAPTER 391, AB 93)κ
(a) He will comply with the terms or conditions of his residential confinement; and
(b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
3. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
4. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.
5. No person has a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, and section 3 of this act, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 3. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
Upon the determination, pursuant to NRS 484.3796, that an offender is an abuser of alcohol or drugs and that he can be treated successfully for his condition, the division shall determine, to the extent possible:
1. If the offender is otherwise eligible for residential confinement pursuant to this section and NRS 213.371 to 213.410, inclusive, upon the successful completion of the initial period of rehabilitation required under the program of treatment established pursuant to NRS 209.425; and
2. If the offender is eligible, the likelihood that he will be able to:
(a) Comply with the terms and conditions of residential confinement established by the division; and
(b) Complete successfully the program of treatment established pursuant to NRS 209.425 while in residential confinement.
Sec. 4. NRS 213.371 is hereby amended to read as follows:
213.371 As used in NRS 213.371 to 213.410, inclusive, and section 3 of this act, unless the context otherwise requires:
κ1995 Statutes of Nevada, Page 960 (CHAPTER 391, AB 93)κ
1. Division means the division of parole and probation of the department of motor vehicles and public safety.
2. Offender means a prisoner assigned to the custody of the division pursuant to NRS 209.429.
3. Residential confinement means the confinement of an offender to his place of residence under the terms and conditions established by the division.
Sec. 5. The amendatory provisions of this act do not apply to those criminal offenders who are assigned, before October 1, 1995, by the director of the department of prisons to a program of treatment established pursuant to NRS 209.425.
________
Senate Bill No. 149Committee on Finance
CHAPTER 392
AN ACT relating to persons with disabilities; creating an interagency panel to make recommendations concerning the placement of certain persons with disabilities into foster homes or residential facilities; requiring the panel to study existing programs and develop new programs for persons with disabilities; transferring to the superintendent of public instruction the responsibility to provide and administer special education programs and related benefits for persons with certain disabilities; making a supplemental appropriation; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 395 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. The interagency panel is hereby created. The panel is responsible for making recommendations concerning the placement of persons with disabilities who are eligible to receive benefits pursuant to this chapter. The panel consists of:
(a) The administrator of the division of child and family services of the department of human resources;
(b) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(c) The director of the department of human resources; and
(d) The superintendent of public instruction.
2. A member of the panel may designate a person to represent him at any meeting of the panel. The person designated may exercise all the duties, rights and privileges of the member he represents.
3. The panel shall:
(a) Every time a person with a disability is to be placed pursuant to subsection 2 of NRS 395.010 in a foster home or residential facility, meet to determine the needs of the person and the availability of homes or facilities under the authority of the department of human resources after a joint evaluation of that person is completed by the department of education and the department of human resources;
κ1995 Statutes of Nevada, Page 961 (CHAPTER 392, SB 149)κ
under the authority of the department of human resources after a joint evaluation of that person is completed by the department of education and the department of human resources;
(b) Determine the appropriate placement of the person, giving priority to homes or facilities under the authority of the department of human resources over any home or facility located outside of this state; and
(c) Make a recommendation concerning the placement of the person.
Sec. 3. Persons with disabilities who are entitled to benefits pursuant to this chapter must be given priority of placement in homes or facilities which are located in this state and under the authority of the department of human resources.
Sec. 4. The division of child and family services of the department of human resources shall, when monitoring children under its authority whom it has placed in foster homes and residential facilities outside of the state, also monitor the well-being of the persons with disabilities who have been placed in those foster homes and residential facilities pursuant to this chapter, and report to the superintendent of public instruction concerning the condition of those persons with disabilities.
Sec. 5. NRS 395.001 is hereby amended to read as follows:
395.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [395.0055 to 395.008, inclusive,] 395.0065, 395.0075 and 395.008 have the meanings ascribed to them in those sections.
Sec. 6. NRS 395.010 is hereby amended to read as follows:
395.010 1. [The department of human resources shall, with the approval and under the supervision of the superintendent of public instruction, provide a special education program and related services to any person with a disability who is suffering from an emotional illness, a traumatic brain injury or autism and who is otherwise eligible for such benefits pursuant to this chapter.] The superintendent of public instruction shall provide a special education program and related services to all [other] persons with disabilities who are eligible for [such] benefits pursuant to this chapter.
2. The [director and the] superintendent of public instruction may carry out the duties required by subsection 1 by:
(a) Making arrangements with the governing body of any institution for persons with disabilities in any state having any such institution.
(b) Placing the person with a disability in a foster home or other residential facility, located in or outside of the school district in which the person with a disability resides, that can provide an appropriate special education program and related services for his particular disability. The superintendent shall consider the recommendation of the interagency panel in deciding where to place a person with a disability, but he has final authority regarding placement pursuant to this subsection.
(c) Making arrangements, if money from the Federal Government is available to cover the entire cost, for the unique special education and related services required to return students to this state who have been placed in an institution outside of the state pursuant to this chapter.
κ1995 Statutes of Nevada, Page 962 (CHAPTER 392, SB 149)κ
3. The [director and the] superintendent of public instruction may make all necessary contracts, in accordance with any regulations the state board of examiners may prescribe, to carry out the provisions of this section.
Sec. 7. NRS 395.040 is hereby amended to read as follows:
395.040 1. Upon receipt and review of an application for benefits, the superintendent of public instruction may cause a medical, psychological or educational examination of the person with a disability to be conducted at state expense to determine the nature and extent of the disability.
2. If the superintendent of public instruction determines that the school district:
(a) Has prepared an appropriate plan for the individualized education of the person with a disability; and
(b) Is unable to provide an appropriate special education program and related services for the particular disability and grade or level of education of the person with a disability,
he shall make the arrangements for the provision of a special education program and related services . [or, if the person with a disability is suffering from an emotional illness, a traumatic brain injury or autism, refer the person with a disability to the director to make such arrangements.]
3. The superintendent of public instruction has final authority regarding the provision of a special education program and related services to any person with a disability.
Sec. 8. NRS 395.050 is hereby amended to read as follows:
395.050 1. When arrangements for the provision of a special education program and related services to a person with a disability have been completed by the superintendent of public instruction [or the department of human resources, the superintendent or the director] , he shall advise the board of trustees of the school district to make provision, at the expense of the school district, for transporting the person with a disability to a place designated by the superintendent . [or the director.] The superintendent [or the department of human resources] shall make necessary arrangements for transporting the person with a disability from the designated place to the institution, foster home or other residential facility and return to the designated place at the expense of the state.
2. The provision of a special education program and related services to a person with a disability pursuant to this chapter must be paid by the state without any charge to the person with a disability or to a parent, guardian or other person having the care, custody or control of the person with a disability.
Sec. 9. NRS 395.0055 is hereby repealed.
Sec. 10. The interagency panel created pursuant to section 2 of this act shall:
1. Study the existing programs for the placement of persons with disabilities in foster homes or residential facilities and develop a plan to increase the number of programs that place persons with disabilities in foster homes or residential facilities in this state;
2. Study the availability of state resources and develop a plan for the use of the resources of this state to meet the current needs of persons with disabilities that are not being met; and
κ1995 Statutes of Nevada, Page 963 (CHAPTER 392, SB 149)κ
3. Report the results of its studies and any recommended legislation to the 69th session of the Nevada legislature.
Sec. 11. There is hereby appropriated from the state general fund to the department of education the sum of $603,311 for additional expenses of residential and educational needs for children with disabilities provided pursuant to chapter 395 of NRS. This appropriation is supplemental to that made by section 15 of chapter 350, Statutes of Nevada 1993, at page 1116.
Sec. 12. 1. This section and section 11 of this act become effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
2. Sections 1 to 10, inclusive, of this act become effective on July 1, 1995.
________
Assembly Bill No. 542Committee on Government Affairs
CHAPTER 393
AN ACT relating to the Colorado River commission; transferring certain powers and duties relating to the Southern Nevada Water System; expanding certain powers and duties of the commission; requiring certain water purveyors to pay the cost of certain functions and duties of the commission; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. As used in this section and sections 2 and 3 of this act, unless the context otherwise requires:
1. The terms commission, facilities, federal facilities, project and state facilities have the meanings ascribed to them in chapter 482, Statutes of Nevada 1975, as amended.
2. Southern Nevada Water Authority means the political subdivision of the State of Nevada created on July 25, 1991, by a cooperative agreement entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive.
Sec. 2. 1. Except as otherwise provided in subsections 2 to 4, the Southern Nevada Water Authority shall hold in its own name and shall exercise in its own right all rights, interests, functions and powers, shall perform all duties and obligations and shall assume all liabilities of the State of Nevada and the Colorado River commission relating to the project and its facilities, including, without limitation:
(a) Those powers and duties of the Colorado River commission specified in chapter 268, Statutes of Nevada 1967, as amended, and chapter 482, Statutes of Nevada 1975, as amended; and
(b) All rights, powers, duties, obligations and liabilities of the State of Nevada and the commission pursuant to each of the following contracts:
(1) That certain Amendatory, Supplementary and Restating Contract between the United States and the State of Nevada for the Delivery of Water and Repayment of Project Works, dated March 2, 1992.
κ1995 Statutes of Nevada, Page 964 (CHAPTER 393, AB 542)κ
(2) That certain Amendatory, Supplementary and Restating Contract for the Delivery of Water through the Southern Nevada Water System between the State of Nevada, acting through its Colorado River Commission, and the City of Boulder City, City of Henderson, the City of North Las Vegas, and the Las Vegas Valley Water District, dated March 2, 1992.
(3) That certain Negotiated Water Service Contract between the United States and the State of Nevada, acting through the Division of Colorado River Resources, for Delivery of Water, Contract No. F26600-78-D0011, dated January 23, 1978.
(4) That certain Contract for the Conveyance of Water through the Southern Nevada Water System between the Colorado River commission and the Southern Nevada Water Authority, dated March 2, 1992.
(5) That certain Water Distribution and Quality Control Service Contract between the Las Vegas Valley Water District, the State of Nevada and the Colorado River commission, dated August 1, 1971.
(6) That certain Second Amendatory and Supplemental Contract for Sale of Electric Power and Energy for the Southern Nevada Water System, between Nevada Power Company and the Colorado River commission, dated May 29, 1992.
(7) That certain Temporary Construction Easement between Victory Valley Land Company, L.P. and the State of Nevada, acting by and through its Colorado River Commission, dated November 15, 1994.
(8) That certain Easement Agreement between the Steward Gravel Pit Limited Partnership, Jim Rhodes and the State of Nevada, acting by and through its Colorado River Commission as Grantee, dated December 23, 1994.
(9) That certain Agreement for Grant of a Right of Way Permit and for the Transfer of Flood Control Improvements between the City of Henderson, Nevada, and the State of Nevada, acting by and through its Colorado River Commission, dated January 18, 1995.
(10) All permits and contracts for personal services or construction relating to the project and its facilities.
2. The provisions of subsection 1 do not affect:
(a) An irrevocable pledge of the faith and credit of the State of Nevada for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state with respect to the federal facilities and the state facilities of the Southern Nevada water project; or
(b) The authority of the Colorado River commission to receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters described in NRS 538.041 to 538.251, inclusive, and section 5 of this act, pursuant to the provisions of those laws, and in connection with that authority to exercise the rights and powers and carry out the duties set forth in NRS 538.041 to 538.251, inclusive, and sections 5, 6 and 7 of this act.
3. The Colorado River commission, the Southern Nevada Water Authority and, with respect to the contract described in subparagraph (2) of paragraph (b) of subsection 1, the City of Boulder City, the City of Henderson, the City of North Las Vegas, and the Las Vegas Valley water district shall amend the contracts described in subsection 1, consistent with and to effect the provisions of this section.
κ1995 Statutes of Nevada, Page 965 (CHAPTER 393, AB 542)κ
contracts described in subsection 1, consistent with and to effect the provisions of this section. The Colorado River commission and the Southern Nevada Water Authority shall amend or terminate the contract described in subparagraph (4) of paragraph (b) of subsection 1 consistent with the provisions of this section.
4. To the extent the transfer to the Southern Nevada Water Authority of any right, interest, function or power, or the assumption by the Southern Nevada Water Authority of any duty, obligation or liability, relating to the project or its facilities requires the consent of the United States, then until that consent has been given, the Southern Nevada Water Authority shall, as an agent of the State of Nevada, exercise those rights, functions and powers, perform those duties and obligations and assume those liabilities of the State of Nevada. To the extent the amendment or termination of any of the contracts specified in paragraph (b) of subsection 1 is dependent upon the consent of the United States to be effective or to accomplish the purposes of this section, the amendment or termination is contingent upon that consent.
5. The Colorado River commission shall transfer to the Southern Nevada Water Authority all books and records in its possession relating to the project and its facilities.
6. The state treasurer shall transfer from the Colorado River commission fund to the Southern Nevada Water Authority all assets and liabilities relating to the federal facilities and the state facilities.
7. The Colorado River commission shall execute on behalf of itself and, where necessary, on behalf of the state, all documents, including assignments, conveyances and assumptions, required to effect the transfer of rights, interests, functions, powers, duties, obligations and liabilities to the Southern Nevada Water Authority made pursuant to this section.
8. The Southern Nevada Water Authority, or any entity with which the Southern Nevada Water Authority has contracted for operation and maintenance of the project and its facilities, shall extend a written offer of employment, substantially on the same terms as the employee enjoyed before that offer of employment, to those persons employed by the Colorado River commission on December 31, 1994, respectively, in the positions of Chief Engineer, Professional Engineer who has primary responsibility for matters concerning the project and its facilities, Engineering Technician IV and one person employed in the position of Management Assistant. The offer must include a provision that:
(a) The employee may transfer without examination, interview or any other qualifying test.
(b) The employment of the employee must become effective on the date of the transfer of the project and its facilities pursuant to this section.
(c) Sets forth the period, which must be not less than 7 days, within which the employee may accept the offer in writing.
The transfer of employment must not, insofar as possible, adversely affect the rights and privileges enjoyed by or available to the employees as part of their compensation for employment while so employed by the commission. If an employee fails or refuses to accept the offer of employment made pursuant to this subsection, he may not be regarded as deprived of employment with the commission and his rights and privileges may not be regarded as adversely affected.
κ1995 Statutes of Nevada, Page 966 (CHAPTER 393, AB 542)κ
commission and his rights and privileges may not be regarded as adversely affected.
9. The Colorado River commission and the Southern Nevada Water Authority shall cooperate fully and take all reasonable steps before the date the transfer becomes effective to ensure that the provisions of this section are carried out in an orderly manner.
Sec. 3. 1. Revenues received from the sale of water delivered through the federal facilities and the state facilities must be applied and disbursed by the Southern Nevada Water Authority in the following order:
(a) To the payment to the Federal Government or to the Southern Nevada Water Authority for the cost of operation and maintenance of those facilities.
(b) To the payment to the Federal Government for the cost of the construction of the facilities allocated by the Secretary of the Interior for reimbursement pursuant to any contracts therefor.
(c) To the payment of compensation and expenses of the Southern Nevada Water Authority and all other obligations incurred through performance by the Southern Nevada Water Authority of the duties designated in sections 2 and 7 of this act.
(d) To the payment of the principal, interest and any other charges related to any obligations incurred to refund any general obligations of the state issued for the acquisition, construction, improvement or equipment of the federal facilities or the state facilities.
(e) To the payment of the principal, interest and any other charges related to any obligations incurred by the Southern Nevada Water Authority for the acquisition, construction, improvement or equipment of the federal facilities or the state facilities or other facilities designed to provide water to southern Nevada, including any obligations issued to refund those obligations.
(f) To the payment of expenses incurred by the Southern Nevada Water Authority related to the acquisition, construction, improvement or equipment of the federal facilities or the state facilities or incurred to acquire, construct, improve, equip, operate or maintain facilities designed to provide water to southern Nevada.
2. The Southern Nevada Water Authority may incur obligations to refund any general obligations of the state issued for the acquisition, construction, improvement or equipment of the federal facilities or state facilities if the Southern Nevada Water Authority:
(a) Requests the state treasurer to issue general obligations of the state pursuant to the provisions of the State Securities Law;
(b) Requests the Las Vegas Valley water district to issue obligations pursuant to the provisions of section 27 of the Las Vegas Valley Water District Act, as added by section 4 of chapter 631, Statutes of Nevada 1993, at page 2643; or
(c) Issues revenue securities pursuant to the provisions of NRS 277.0705 to 277.0755, inclusive.
3. If the Southern Nevada Water Authority incurs obligations pursuant to subsection 2, it must:
(a) Pledge any revenue applied and disbursed pursuant to paragraph (d) of subsection 1 to the payment of the obligations incurred pursuant to subsection 2; and
κ1995 Statutes of Nevada, Page 967 (CHAPTER 393, AB 542)κ
(b) Ensure that the revenue pledged pursuant to paragraph (a) is maintained in an amount sufficient to pay the principal, interest and any other charges relating to those obligations.
4. The legislature finds and declares that the issuance of securities as general obligations of the state pursuant to paragraph (a) of subsection 2 are for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 4. Chapter 538 of NRS is hereby amended by adding thereto the provisions set forth as sections 5, 6 and 7 of this act.
Sec. 5. 1. Notwithstanding the provisions of any other law, the commission or any other public entity created by or pursuant to the laws of this state may enter into:
(a) An agreement to acquire any interest in supplemental water or to forbear the use of that supplemental water; or
(b) An agreement ancillary to an agreement described in paragraph (a), only as provided in this section.
2. The commission shall, as early as practicable and on a continuing basis, inform any water purveyor which has or can develop the ability to divert supplemental water from the Colorado River of its communications with any person or entity, which the commission believes is credible and responsible, concerning a specific opportunity to negotiate and enter into an agreement described in subsection 1.
3. Any water purveyor which has or can develop the ability to divert supplemental water from the Colorado River shall, as early as practicable and on a continuing basis, inform the commission of its communications with any person or entity, which the water purveyor believes is credible and responsible, concerning a specific opportunity to negotiate and enter into an agreement described in subsection 1.
4. If a water purveyor which has or can develop the ability to divert supplemental water from the Colorado River notifies the commission in writing that it wishes to explore a specific opportunity to negotiate and enter into an agreement described in subsection 1, all investigations, consultations and negotiations relating to such an agreement must be conducted by the commission and the water purveyor, as nearly as may be, as a joint undertaking. The commission and the water purveyor may enter into an agreement governing the joint undertaking.
5. Notwithstanding any other law:
(a) A public entity described in subsection 1 shall not enter into any agreement described in that subsection unless the commission is a party to that agreement.
(b) The commission shall not enter into any agreement described in subsection 1, if a water purveyor will be expected to provide money necessary for the commission to perform any financial obligation or other obligation pursuant to the provisions of the agreement, unless that water purveyor is a party to the agreement.
Sec. 6. 1. The commission may:
(a) Acquire and perfect any interest in supplemental water.
κ1995 Statutes of Nevada, Page 968 (CHAPTER 393, AB 542)κ
(b) Develop, store, transport, transfer, exchange, use and treat supplemental water.
(c) Acquire an interest in, finance, construct, reconstruct, operate, maintain, repair and dispose of any facility for water or power, including, without limitation, a facility for the storage or conveyance of water and a facility for the generation or transmission of electricity.
(d) Obtain any license, permit, grant, loan or aid from any agency of the United States, the State of Nevada or any other public or private entity.
(e) In accordance with the provisions of the State Securities Law:
(1) Borrow money and otherwise become obligated in a total principal amount which is approved by the legislature or the interim finance committee.
(2) Issue:
(I) General obligation securities payable from taxes and additionally secured with net pledged revenues;
(II) Securities constituting special obligations payable from net pledged revenues; or
(III) Any combination of those securities.
The legislature finds and declares that the issuance of securities and other incurrence of indebtedness pursuant to this subsection are for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada. The powers conferred by this subsection are in addition to and supplemental to the powers conferred by any other law.
(f) Perform all other lawful acts it considers necessary or desirable to carry out the purposes and provisions of any law relating to the powers, functions and duties of the commission.
2. The commission shall comply with the provisions of this chapter and chapters 532, 533 and 534 of NRS before taking any action pursuant to subsection 1 which relates in any way to supplemental water if the source of the supplemental water is located within the State of Nevada and is not the Colorado River.
Sec. 7. 1. The commission shall prepare and approve a water administrative and operating budget. The budget must include all costs and expenses incurred by the commission in performing its functions and duties relating to water, except:
(a) The costs and expenses related to any financial obligations or other obligations assumed by the commission pursuant to any agreement described in paragraph (a) or (b) of subsection 6 of NRS 538.161.
(b) The costs for any services of an independent contractor related to a specific opportunity to negotiate and enter into an agreement to acquire any interest in supplemental water from one or more particular sources, to the extent all those costs for those opportunities during the period covered by the budget exceed $200,000. This amount may be decreased or increased as indicated by engineering cost indexes or other costs indexes which are applicable to the services used by the commission.
(c) The costs for any services of an independent contractor or costs contributed by the commission for any services of a governmental agency or its independent contractor, other than the commission, for studies or the implementation of projects relating to water quality, evaluation or enhancement of ecological habitat or weather modification, to the extent that all those costs for those studies or projects during the period covered by the budget exceed $250,000.
κ1995 Statutes of Nevada, Page 969 (CHAPTER 393, AB 542)κ
independent contractor, other than the commission, for studies or the implementation of projects relating to water quality, evaluation or enhancement of ecological habitat or weather modification, to the extent that all those costs for those studies or projects during the period covered by the budget exceed $250,000. This amount may be decreased or increased as indicated by engineering cost indexes or other cost indexes which are applicable to the services used by the commission.
(d) Costs which are capitalized in accordance with generally accepted accounting principles, except costs for office space and equipment required for the principal place of business of the commission.
(e) Costs for the operation of any facility which belongs to the commission, except the principal place of business of the commission.
2. The water administrative and operating budget, and any changes to the budget, must be submitted for authorization in the manner prescribed by the State Budget Act. If the budget is authorized, the budget is payable by, and becomes a liability of, each water purveyor in the amount, if any, to which the budget is allocated to that water purveyor pursuant to subsection 3.
3. The commission shall allocate the entire amount of each water administrative and operating budget, minus the portion of that amount which represents the net revenues which the commission estimates it will receive pursuant to its contracts from the sale of water during the period covered by the budget, among those water purveyors which the commission determines will directly and substantially benefit from the commissions activities which are related to water during that period. In determining the allocation, the commission shall consider appropriate factors relevant to those benefits. If a water purveyor ceases to exist during the period covered by the budget, the commission shall amend and reallocate the budget as necessary.
4. In each fiscal year covered by the water administrative and operating budget, each water purveyor to which the commission has allocated an amount of the budget pursuant to subsection 3 shall pay to the commission quarterly a portion of the water purveyors total liability for that fiscal year as billed by the commission. At least 60 days before the first day of the quarter for which the bill is prepared, the commission shall submit to each water purveyor a bill for its portion of the total amount of the budget due for that quarter. Each water purveyor shall pay its bill within 30 days after the bill is submitted by the commission.
5. Except as otherwise provided in this subsection, the commission shall apply, within 120 days after the end of the fiscal year, any unexpended balance in the budget at the close of the fiscal year as a credit to that amount allocated among the water purveyors pursuant to subsection 3 for the next fiscal year. The commission shall apply that credit to the next quarterly payments remaining due from each water purveyor, unless the commission determines it is appropriate to refund the unexpended balance.
6. If in any fiscal year the money payable by a water purveyor pursuant to subsection 4 is not received by the commission when due, that money also becomes the several liability of all public entities who:
(a) Purvey water; and
(b) On the date the budget was approved by the commission, were members of the water purveyor liable for that money, in proportion to their liability for the budget of the water purveyor effective on the date the budget was approved by the commission.
κ1995 Statutes of Nevada, Page 970 (CHAPTER 393, AB 542)κ
in proportion to their liability for the budget of the water purveyor effective on the date the budget was approved by the commission.
Sec. 8. NRS 538.041 is hereby amended to read as follows:
538.041 As used in NRS 538.041 to 538.251, inclusive [:] , and sections 5, 6 and 7 of this act, unless the context otherwise requires:
1. Colorado River means the Colorado River and all of the tributaries of the river.
2. Commission means the Colorado River commission.
[2.] 3. Commissioner means a commissioner of the Colorado River commission.
[3.] 4. Director means the director of the Colorado River commission.
5. Southern Nevada Water Authority means the political subdivision of the State of Nevada created on July 25, 1991, by a cooperative agreement entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive.
6. Supplemental water means water from any source which, if acquired, would allow water to be used consumptively from the mainstream of the Colorado River in excess of Nevadas apportionment pursuant to the Boulder Canyon Project Act of 1928. The term does not include water from:
(a) Lake Tahoe;
(b) The Truckee, Carson or Walker river;
(c) Any ground water within the State of Nevada, other than ground water within Clark County; or
(d) Any surface water within the State of Nevada or that flows into the State of Nevada, other than the waters of the Colorado River,
unless the state engineer authorizes the transfer of that water to the Colorado River pursuant to the provisions of this chapter or chapter 532, 533 or 534 of NRS.
7. Water purveyor means a public entity created by or pursuant to the laws of this state which:
(a) Is engaged in:
(1) The acquisition of water on behalf of, or delivery of water to, another water purveyor; or
(2) The retail delivery of water in this state; and
(b) Is not a member of another such public entity that is itself engaged in the activities described in paragraph (a).
Sec. 9. NRS 538.161 is hereby amended to read as follows:
538.161 The commission shall:
1. Collect and arrange all data and information connected with the Colorado River [and its tributaries] which may affect or be of interest to this state.
2. Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of any facilities for the generation or transmission of electricity [, both within and outside Nevada,] for the greatest possible benefit to this state, and present such contracts, leases or agreements to the governor for his information. The commission may contract for the supply of electric energy to any corporation or cooperative created [under] pursuant to the laws of this state that is being operated principally for service to Nevada residents and may be serving incidental energy to residents of other states contiguous to its service area in Nevada.
κ1995 Statutes of Nevada, Page 971 (CHAPTER 393, AB 542)κ
may be serving incidental energy to residents of other states contiguous to its service area in Nevada. If such a corporation or cooperative so requests, the commission may contract to supply electric energy directly for the corporation or cooperative.
3. Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River , [or its tributaries,] or in connection with Hoover Dam or other federally operated dams.
4. [Render the friendly cooperation of the State of Nevada to constructive enterprises concerned with the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.
5. Render friendly cooperation to industries located in other states, negotiate with them and invite them to locate within Nevada.
6.] Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the [water] waters of the Colorado River . [and its tributaries.
7.] 5. Make and enter into agreements, compacts or treaties between the State of Nevada and the [States] states of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally. [The agreements,] Agreements, compacts or treaties which define the rights of the states or of the United States in the waters of the Colorado River are not binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.
[8.] 6. Represent and act for the State of Nevada in consultations with other states, the United States, foreign countries and persons, and negotiate and enter into agreements between the State of Nevada and those entities, jointly or severally, concerning the:
(a) Acquisition, development, storage, transport, transfer, exchange, use and treatment of water to supplement the supply of water in the Colorado River which is available for use in Nevada, consistent with the provisions of section 5 of this act.
(b) Augmentation of the waters of the Colorado River, consistent with the provisions of section 5 of this act.
(c) Quality of the waters of the Colorado River, in cooperation with, and subject to the authority of, any agency of this state which regulates environmental matters.
(d) Operation of federal dams and other facilities on the Colorado River.
(e) Species associated with the Colorado River which are or may become listed as endangered or threatened pursuant to federal law, in cooperation with, and subject to the authority of, any agency of this state which regulates environmental matters.
7. Within the limits of its authority, represent and act for the State of Nevada as a member of any interstate or international commission or other body as may be established relating to the Colorado River in transactions with Arizona, California, Colorado, New Mexico, Utah, Wyoming, the Federal Government or any foreign country.
κ1995 Statutes of Nevada, Page 972 (CHAPTER 393, AB 542)κ
8. Report to the governor such measures and legislative action as it deems necessary to [secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Hoover Dam or elsewhere within the Colorado River stream system or from any power development in the western United States for the greatest possible benefit to the State of Nevada.] carry out the provisions of any law relating to the powers and duties of the commission.
9. Cooperate with other states or federal agencies to establish, conduct and maintain [power, water and irrigation projects.] projects related to water or power.
Sec. 10. NRS 538.171 is hereby amended to read as follows:
538.171 1. The commission shall receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters [of the Colorado River] described in NRS 538.041 to 538.251, inclusive, and section 5 of this act, and to the power generated thereon , held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any agreements, compacts or treaties [between states] to which the State of Nevada may become a party, or otherwise.
2. [Applications] Except as otherwise provided in this subsection, applications for the original appropriation of such waters, or to change the place of diversion, manner of use or place of use of water covered by the original appropriation, must be made to the commission in accordance with the regulations of the commission. In considering such an application, the commission shall use the criteria set forth in subsection 3 of NRS 533.370. The commissions action on the application constitutes the recommendation of the State of Nevada to the United States for the purposes of any federal action on the matter required by law. The provisions of this subsection do not apply to supplemental water.
3. The commission shall furnish to the state engineer a copy of all agreements entered into by the commission concerning the original appropriation and use of such waters. It shall also furnish to the state engineer any other information it possesses relating to the use of water from the Colorado River which the state engineer deems necessary to allow him to act on applications for permits for the subsequent appropriation of these waters after they fall within the state engineers jurisdiction.
4. Notwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the waters described in subsection 1 by the commission or by any entity to whom or with whom the commission has [leased, subleased, contracted, exchanged or sold] contracted the water is not subject to regulation by the state engineer.
Sec. 11. NRS 538.181 is hereby amended to read as follows:
538.181 1. The commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, and section 5 of this act, for the State of Nevada, and , except as otherwise provided in section 5 of this act, may [lease, sublease, let, sublet, contract, exchange or sell the] enter into contracts relating to that power and water, including the transmission and other distribution services, on such terms as the commission determines.
κ1995 Statutes of Nevada, Page 973 (CHAPTER 393, AB 542)κ
[lease, sublease, let, sublet, contract, exchange or sell the] enter into contracts relating to that power and water, including the transmission and other distribution services, on such terms as the commission determines.
2. Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada must, before the application is approved, provide an indemnifying bond by a corporation qualified [under] pursuant to the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of the lease, sublease, contract or other agreement.
3. The power and water must not be sold for less than the actual cost to the State of Nevada.
4. Except as otherwise provided in subsection 5, before any such sale or lease is made, a notice of it must be advertised in two papers of general circulation published in the State of Nevada at least once a week for 2 weeks. The commission shall require any person desiring to made objection thereto to file the objection with the commission within 10 days after the date of the last publication of the notice. If any objection is filed, the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.
5. The provisions of subsection 4 do not apply to:
(a) Any contract by the commission to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or
(b) Any agreement by the commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.
6. Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale [, either] of the water or power is not binding upon the State of Nevada until ratified and approved by the governor and, where required by [the provisions of subsection 2 of NRS 538.211,] federal law, until approved by the United States.
7. The commission shall, upon the expiration of a contract for the sale of power which is in effect on July 1, 1993, offer to the purchaser the right to renew the contract. If the commission is unable to supply the amount of power set forth in the contract because of a shortage of power available for sale, it shall reduce, on a pro rata basis, the amount of power it is required to sell pursuant to the renewed contract.
8. Notwithstanding any provision of chapter 704 of NRS, any purchase of [power] :
(a) Power or water for distribution or exchange, and any subsequent distribution or exchange of power or water by the commission ; or
(b) Water for distribution or exchange, and any subsequent distribution or exchange of water by any entity to which or with which the commission has contracted the water,
is not subject to regulation by the public service commission of Nevada.
κ1995 Statutes of Nevada, Page 974 (CHAPTER 393, AB 542)κ
Sec. 12. NRS 538.211 is hereby amended to read as follows:
538.211 1. [Notwithstanding anything in NRS 538.041 to 538.251, inclusive, to the contrary, the commission may request, on behalf of the State of Nevada, from the Secretary of the Interior of the United States the installation of water service facilities or electrical generating machinery, equipment or transmission facilities, or any combination thereof, as the commission deems necessary or convenient to meet and serve the future water and power demands and requirements of the State of Nevada, and it shall negotiate for, obtain, enter into and execute or cause to be executed such contracts, documents and instruments as are appropriate and requisite to carry out the requests.
2. In those contracts, documents and instruments, the commission may:
(a) Obligate the State of Nevada to repay the cost of water service facilities constructed by the United States;
(b) Obligate the commission to operate and maintain water service facilities constructed by the United States;
(c) Sell Colorado River water, at wholesale, and deliver it through water service facilities constructed by the United States under contracts to be approved by the United States and upon charges which will yield to the commission revenues sufficient to repay the costs of such facilities and their operation and maintenance and, in addition, the cost of the water;
(d) Require each purchaser of Colorado River water from the commission to exercise such powers as the purchaser may possess to levy and collect taxes or assessments for the purposes of meeting the charges payable to the commission; and
(e) Agree to institute in the eighth judicial district court of the State of Nevada, and to prosecute to final judgment, including appellate review, proceedings to determine the validity of any contract or other obligation entered into with the United States under the provisions of subsection 1. Jurisdiction is hereby conferred upon that court, and generally upon each of the district courts of the State of Nevada, to conduct proceedings for that purpose as in the ordinary case of the judicial determination of proceedings, contracts, bonds and obligations of water conservancy districts as provided in NRS 541.380 to 541.420, inclusive. The proceedings may be initiated by and in the name of the commission.
3. In the event of the installation of any water service facilities or electrical generating machinery, equipment or transmission facilities, or any combination thereof, pursuant to a request therefor by the commission, the] The faith and credit of the State of Nevada hereby is irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state, in any contract entered into on or before January 1, 1996, with the United States of America [.
4.] relating to the Robert B. Griffith Water Project.
2. If the State of Nevada must purchase or otherwise acquire property, or compensate for damage to property, for use in the transmission and distribution of [electrical energy resulting from an increase of the states allocation of energy and power from Hoover Dam,] water or electrical power, the faith and credit of the State of Nevada hereby is irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the state, in any contract entered into before, on or after July 1, 1981, pursuant to [this section.]
κ1995 Statutes of Nevada, Page 975 (CHAPTER 393, AB 542)κ
performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the state, in any contract entered into before, on or after July 1, 1981, pursuant to [this section.] NRS 538.161 and section 5 of this act.
Sec. 13. NRS 538.231 is hereby amended to read as follows:
538.231 [1. Revenues received from the sale of water delivered through the water service facilities referred to in NRS 538.211 must be applied and disbursed by the commission in the following order:
(a) To the payment to the Federal Government or to the commission for the cost of operation and maintenance of those works and facilities.
(b) To the payment to the Federal Government of cost of construction of the works and facilities allocated by the Secretary of the Interior for reimbursement under any contracts therefor.
(c) To the payment of compensation and expenses of the commission and all other obligations incurred through performance by the commission of the duties designated in NRS 538.041 to 538.251, inclusive.
(d) To the repayment to the State of Nevada of any money advanced or appropriated to the commission to install water service facilities pursuant to NRS 538.211, the repayment to be placed in the state general fund.
2.] Revenues received from the sale of power or water [other than provided for in subsection 1] or otherwise must be applied and disbursed by the commission in the following order:
[(a)] 1. To the payment to the Federal Government of the cost of electrical energy and the generation and delivery thereof in accordance with bills rendered by the [Secretary of the Interior of the] United States.
[(b)] 2. To the payment to other entities of the cost of water and the cost of electrical energy and the generation thereof or the cost of water or the cost of electrical energy and the generation thereof in accordance with bills rendered by [such entities.
(c)] those entities.
3. To the payment of compensation and expenses of the commission and all other obligations incurred through performance by the commission of the duties designated in NRS 538.041 to 538.251, inclusive [.
(d)] , and sections 5, 6 and 7 of this act.
4. To the repayment to the State of Nevada of any money advanced or appropriated to the commission if the advancement or appropriation requires repayment to the state, the repayment to be placed in the state general fund.
Sec. 14. NRS 538.251 is hereby amended to read as follows:
538.251 1. Except as otherwise provided in subsection 2, all contracts entered into by the commission pertaining to the sale or purchase of water [of the Colorado River] or electrical power, belonging or allotted to or contracted by the State of Nevada [and the electrical power developed at Hoover Dam or elsewhere on the Colorado River, or contracts entered into pertaining to the sale or purchase of power or water, or both, belonging, allotted to or contracted by the State of Nevada, or for planning, development or ownership of facilities for the generation or transmission of electricity] are not binding upon the State of Nevada until approved by the governor.
2. Any contract or agreement by the commission for the transmission of electrical power or to sell:
κ1995 Statutes of Nevada, Page 976 (CHAPTER 393, AB 542)κ
(a) Supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or
(b) Short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available,
does not require the approval of the governor to be binding upon the state.
Sec. 15. Section 1.1 of the Las Vegas Valley Water District Act, as added by section 2 of chapter 646, Statutes of Nevada 1971, as last amended by chapter 398, Statutes of Nevada 1983, at page 972, is hereby amended to read as follows:
Sec. 1.1 1. The Las Vegas Valley water district is hereby designated as the agency responsible for water distribution within the boundaries of the district. The water district may exercise, in connection with its distribution functions, all of the powers granted in this act.
2. The Las Vegas Valley water district [shall assume responsibility for the operation and maintenance of] may, pursuant to an agreement with the Southern Nevada Water Authority, operate and maintain all existing and future Southern Nevada water project facilities and water treatment plants, and the money necessary to carry out these responsibilities must be provided to the water district by the [Colorado River commission] Southern Nevada Water Authority from money collected from the users of water.
[3. It is the intent of the Nevada legislature that upon completion of the project works authorized under P.L. 89-292 as evidenced by notice of the Secretary of the Interior or on July 1, 1983, whichever is later, the operation and maintenance of the Southern Nevada water project facilities and water treatment plants be carried out by the Las Vegas Valley water district as an agent of the State of Nevada, acting through the Colorado River commission. The water district is hereby granted the necessary administrative authority to carry out its responsibilities for the operation and maintenance of the facilities and plants as described in this section.
4. The authority of the Colorado River commission with respect to the water facilities and associated water treatment plants of the Southern Nevada water project is to:
(a) Meet the obligations to the United States under the federal contract for repayment, dated August 4, 1977, and take all steps necessary to ensure that payments of principal and interest on the general obligation bonds issued to finance the water project are made at the times and in the manner required by law; and
(b) Administer all applicable contracts to ensure the delivery of potable water of good quality to the parties entitled to receive the water, at the times and in the amounts required by those contracts.
5. The authority of the Colorado River commission to manage Nevadas allocation of water from the Colorado River and to safeguard the other rights and carry out the responsibilities set forth in NRS 538.041 to 538.251, inclusive, are not affected by any of the provisions contained in this section.]
κ1995 Statutes of Nevada, Page 977 (CHAPTER 393, AB 542)κ
Sec. 16. 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. 17. 1. This section, sections 4 to 11, inclusive, and sections 14 and 16 of this act become effective upon passage and approval.
2. Sections 12 and 13 of this act become effective on January 1, 1996.
3. Sections 1, 2, 3 and 15 of this act become effective:
(a) Upon passage and approval for the purposes of authorizing any preliminary activities necessary to ensure that the provisions of those sections are carried out in an orderly manner.
(b) On January 1, 1996, for all other purposes.
________
Assembly Bill No. 641Committee on Transportation
(Requested by City of Elko)
CHAPTER 394
AN ACT relating to taxicab motor carriers; authorizing certain incorporated cities to regulate the qualifications of employees of certain taxicab motor carriers; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.097 is hereby amended to read as follows:
268.097 1. [Notwithstanding] Except as otherwise provided in subsections 2 and 3, notwithstanding the provisions of any local, special or general law, after July 1, 1963, the governing body of any incorporated city in this state, whether incorporated by general or special act, or otherwise, [shall have no power or authority to] may not supervise or regulate any taxicab motor carrier as defined in NRS 706.126 [who] which is under the supervision and regulation of the public service commission of Nevada pursuant to law.
2. [Nothing contained in subsection 1 shall be construed to prohibit the] The governing body of any incorporated city in this state, whether incorporated by general or special act, or otherwise, [from fixing, imposing and collecting] may fix, impose and collect a license tax on and from [such] a taxicab motor carrier for revenue purposes only.
3. The governing body of any incorporated city in any county in which the provisions of NRS 706.8811 to 706.885, inclusive, do not apply , whether incorporated by general or special act, or otherwise, may regulate by ordinance the qualifications required of employees or lessees of a taxicab motor carrier in a manner consistent with the regulations adopted by the public service commission of Nevada.
κ1995 Statutes of Nevada, Page 978 (CHAPTER 394, AB 641)κ
carrier in a manner consistent with the regulations adopted by the public service commission of Nevada.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 299Committee on Commerce
CHAPTER 395
AN ACT relating to insurance; regulating the provision of health insurance to the employees of certain small employers; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 33, inclusive, of this act.
Sec. 2. As used in sections 2 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Carrier means any person who provides health insurance in this state, including a fraternal benefit society, a health maintenance organization, a nonprofit hospital and health service corporation, a health insurance company and any other person providing a plan of health insurance or health benefits subject to this Title.
Sec. 4. Characteristics means demographic or other information concerning a small employer that is considered by a carrier in the determination of premium rates for the small employer, except claim experience, health status and duration of coverage.
Sec. 5. Class of business means all or a distinct grouping of small employers as shown in the records of a carrier serving small employers.
Sec. 6. Dependent means a spouse or:
1. An unmarried child under 19 years of age;
2. An unmarried child who is a full-time student under 24 years of age and who is financially dependent upon the parent; or
3. An unmarried child of any age who is medically certified as disabled and dependent upon the parent,
who the parent claimed as his dependent on the form for income tax returns which he filed with the Internal Revenue Service for the previous fiscal year.
Sec. 7. Eligible employee means a permanent employee who has a regular working week of 30 or more hours. The term includes a sole proprietor or a partner of a partnership, if the sole proprietor or partner is included as an employee under a health benefit plan of a small employer.
Sec. 8. Health benefit plan means a policy or certificate for hospital or medical expenses, a contract for dental, hospital or medical services, or a health care plan of a health maintenance organization available for use, offered or sold to a small employer. The term does not include coverage issued as a supplement to liability insurance, workers compensation or similar insurance, automobile medical payment insurance, accident insurance only policies, credit insurance, plans for dental care, optometric plans, coverage provided as a supplement to Medicare, coverage for long-term care, disability income or specified disease, hospital confinement indemnity, or limited benefit health insurance if the requirements of section 11 of this act are satisfied.
κ1995 Statutes of Nevada, Page 979 (CHAPTER 395, AB 299)κ
issued as a supplement to liability insurance, workers compensation or similar insurance, automobile medical payment insurance, accident insurance only policies, credit insurance, plans for dental care, optometric plans, coverage provided as a supplement to Medicare, coverage for long-term care, disability income or specified disease, hospital confinement indemnity, or limited benefit health insurance if the requirements of section 11 of this act are satisfied.
Sec. 9. Rating period means the period for which premium rates established by a carrier are assumed to be in effect.
Sec. 10. 1. Small employer means any person actively engaged in a business which, on at least one-half of its working days during the preceding year, employed no fewer than 2 and no more than 25 employees, which was not formed primarily for the purpose of purchasing insurance, and in which a relationship between the employer and the employees exists in good faith. For the purposes of determining the number of eligible employees, organizations which are affiliated or which are eligible to file a combined tax return for the purposes of taxation constitute one employer.
2. For the purposes of this section, organizations are affiliated if one directly, or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with, the other, as determined pursuant to the provisions of NRS 692C.050.
Sec. 11. Supplemental coverage is not a health benefit plan if:
1. The carrier files on or before March 1 of each year a certification with the commissioner that contains:
(a) A statement from the carrier certifying that the policies or certificates described are being offered and marketed as supplemental health insurance and not as a substitute for hospital or medical expense insurance or major medical expense insurance; and
(b) A summary description of each policy or certificate described, including the average annual premium rates, or range of premium rates in cases where premiums vary by age, sex or other factors, charged for the policies and certificates in this state.
2. In the case of a policy or certificate that is offered for the first time in this state on or after January 1, 1996, the carrier files with the commissioner the information and statement required in subsection 1 at least 30 days before the date the policy or certificate is issued or delivered in this state.
Sec. 11.5. 1. A health benefit plan offered by a carrier pursuant to this chapter must include coverage of basic medical and hospital care.
2. In addition to the coverage required by subsection 1, a carrier may offer additional coverage for an additional cost upon the approval of the commissioner.
Sec. 12. 1. A carrier serving small employers shall apply rating factors, including characteristics, consistently with respect to all small employers in a class of business. Rating factors must produce premiums for identical groups that differ only by the amounts attributable to the design of the plans and the terms of the coverage and do not reflect differences based on the nature of the groups that will select particular health benefit plans. As used in this subsection, premium means all money paid by a small employer and eligible employees to a carrier as a condition of receiving coverage from a carrier, including any fees or other contributions associated with the health benefit plan.
κ1995 Statutes of Nevada, Page 980 (CHAPTER 395, AB 299)κ
including any fees or other contributions associated with the health benefit plan.
2. A carrier serving small employers shall treat all health benefit plans issued or renewed in the same calendar month as having the same rating period, if the terms of coverage provided in the plans are the same.
Sec. 13. 1. For the purposes of determining rates charged for health benefit plans, a health benefit plan that contains a provision for a restricted network is not similar coverage to a health benefit plan that does not contain such a provision if the restriction of benefits results in material differences in cost of claims.
2. As used in this section, provision for a restricted network means any provision of a group health benefit plan that conditions the payment of benefits, in whole or in part, on the use of providers of health care who have entered into a contractual arrangement with the carrier to provide health care to persons covered by the plan.
Sec. 14. In determining the rating factors for establishing the premiums for a health benefit plan, a carrier serving small employers shall not use characteristics other than age, sex, industry, geographic area, composition of family, size of group and the amount contributed by the employer to the cost of coverage without the prior approval of the commissioners.
Sec. 15. The commissioner may adopt regulations to carry out the provisions of sections 11.5 to 14, inclusive, of this act and to ensure that rating practices used by carriers serving small employers are consistent with those sections, including regulations that:
1. Ensure that differences in rates charged for health benefit plans by such carriers are reasonable and reflect only differences in the designs of the plans, the terms of the coverage, the amount contributed by the employers to the cost of coverage and differences based on the rating factors established by the carrier.
2. Prescribe the manner in which characteristics may be used by such carriers.
Sec. 16. The requirements used by a carrier serving small employers to determine whether to provide coverage to a small employer, including, without limitation, standards for medical underwriting, requirements for minimum participation of eligible employees and minimum employers contributions, must be applied uniformly among all small employers with the same number of eligible employees applying for coverage or receiving coverage from the carrier.
Sec. 17. 1. A carrier serving small employers may vary the application of requirements for minimum participation of eligible employees and minimum employers contributions only by the size of the small employers group.
2. In applying requirements for minimum participation with respect to a small employer, a carrier shall not consider employees or dependents who have qualifying existing coverage when determining whether the applicable percentage of participation is met, but may consider employees or dependents who have coverage under another health benefit plan that is sponsored by the employer.
3. A carrier shall not deny an application for coverage solely because the applicant works in a certain industry.
κ1995 Statutes of Nevada, Page 981 (CHAPTER 395, AB 299)κ
Sec. 18. 1. If a carrier serving small employers offers coverage to a small employer, the carrier shall offer the same coverage to all of the eligible employees of the small employer and their dependents. A carrier shall not offer coverage to only certain members of a small employers group or to only part of the group, but may exclude an otherwise eligible employee, or his dependent, who requests enrollment in a health benefit plan after the end of the initial period during which the employee or dependent is entitled to enroll under the terms of the plan, if the initial period is at least 30 days.
2. A carrier shall not exclude an eligible employee or dependent if:
(a) The employee or dependent:
(1) Was covered under other qualifying coverage at the time of the initial period for enrollment;
(2) Lost coverage under the other qualifying coverage as a result of termination of employment or eligibility, the involuntary termination of the qualifying coverage, the death of a spouse or divorce; and
(3) Requests enrollment within 30 days after termination of the other qualifying coverage;
(b) The employee is employed by an employer that offers multiple health benefit plans and elects a different plan during an open period for enrollment; or
(c) A court has ordered that coverage be provided for a dependent under a covered employees health benefit plan and the request for enrollment is made within 30 days after issuance of the court order.
3. As used in this section, qualifying coverage means benefits or coverage provided under:
(a) Medicare or Medicaid; or
(b) A plan of health insurance or health benefits which provides basic medical and hospital care, including, without limitation, emergency care, inpatient and outpatient hospital services, physicians services, outpatient medical services, and laboratory and X-ray services.
Sec. 18.5. 1. Except as otherwise provided in subsection 2, a carrier serving small employers that issues a health benefit plan shall not deny, exclude or limit a covered benefit for a preexisting condition:
(a) For more than 6 months after the effective date of coverage if the employee enrolls through open enrollment.
(b) For more than 6 months after the effective date of coverage if the employee is a qualified late enrollee.
(c) For more than 12 months after the effective date of coverage if the employee is not a qualified late enrollee and enrolls after the close of open enrollment.
2. A carrier that issues a health benefit plan shall not deny, exclude or limit coverage for a preexisting condition during the 6 months immediately following the effective date of coverage if the employee had existing coverage continuously for up to not more than 90 days before the effective date of coverage under the health benefit plan, excluding any affiliation period required before becoming eligible to enroll in the health benefit plan.
3. A carrier that does not restrict coverage for a preexisting condition may require an affiliation period before coverage becomes effective under a plan of insurance if the affiliation period applies to all employees. An insurer that imposes an affiliation period may require an employee to be employed for not more than:
κ1995 Statutes of Nevada, Page 982 (CHAPTER 395, AB 299)κ
imposes an affiliation period may require an employee to be employed for not more than:
(a) Sixty days after the employee enrolls in the plan of insurance through open enrollment;
(b) Sixty days after the employee enrolls in the plan of insurance if he is a qualified late enrollee; or
(c) One hundred eighty days after the employee enrolls in the plan if he is not a qualified late enrollee and enrolls after the close of open enrollment, before coverage of the employee becomes effective. During the affiliation period the carrier shall not collect any premiums for coverage of the employee.
4. An insurer that restricts coverage for preexisting conditions shall not impose an affiliation period.
5. As used in this section:
(a) Affiliation period means a period of time during which an employee must be employed by his current employer.
(b) Open enrollment means the period of time designated for enrollment in a health benefit plan.
(c) Preexisting condition means a condition for which medical advice, diagnosis, care or treatment was recommended or received during the 6 months immediately preceding the effective date of coverage.
(d) Qualified late enrollee means:
(1) An eligible employee or his dependent:
(I) Who enrolls in a plan of insurance after the close of open enrollment;
(II) Who was insured under existing coverage at the time of open enrollment;
(III) Whose existing coverage was canceled because of an unforeseen event; and
(IV) Who requests enrollment in the plan of insurance not more than 30 days after his existing coverage is canceled.
(2) An eligible employee or his dependent who enrolls in a health benefit plan during the period for open enrollment offered by his employer and then seeks to change to a different health benefit plan offered by the employer after the close of open enrollment.
(3) An eligible employee or his dependent for whom a court has ordered the carrier to provide coverage and who requests to be enrolled in a health benefit plan not later than 30 days after the court order is issued.
Sec. 19. 1. A carrier serving small employers is not required:
(a) To accept applications from or offer coverage to:
(1) A small employer if the employer is not physically located in the carriers established geographic area; or
(2) An employee if the employee does not work or reside within the carriers established geographic area; or
(b) To offer coverage within an area where the carrier reasonably anticipates, and demonstrates to the satisfaction of the commissioner, that it does not have the capacity to provide service adequately to an applicant because of its obligations to existing policyholders and enrollees. A carrier that cannot offer coverage pursuant to this paragraph may not offer coverage in the applicable area to any new employer group having more than 25 employees or to any small employer until the later of 180 days after each such refusal or the date on which the carrier notifies the commissioner that it has regained capacity to offer health benefit plans to small employers in the area.
κ1995 Statutes of Nevada, Page 983 (CHAPTER 395, AB 299)κ
applicable area to any new employer group having more than 25 employees or to any small employer until the later of 180 days after each such refusal or the date on which the carrier notifies the commissioner that it has regained capacity to offer health benefit plans to small employers in the area.
2. As used in this section, established geographic area means a geographic area approved by the commissioner and based on the carriers certificate of authority to transact insurance in this state within which the carrier is authorized to provide coverage.
Sec. 20. 1. Except as otherwise provided in subsection 3, a carrier shall not increase the premium rate charged to a small employer for a new rating period by a percentage greater than the sum of:
(a) The percentage of change in the premium rate for new business for the policy under which the small employer is covered, measured from the first day of the previous rating period to the first day of the new rating period;
(b) An adjustment, not to exceed 15 percent annually, adjusted pro rata for rating periods of less than 1 year, on account of the claim experience, health status, or duration of coverage of the employees or dependents of the small employer as determined from the carriers rate manual for the class of business; and
(c) Any adjustment on account of change in coverage or change in the characteristics of the small employer as determined from the carriers rate manual for the class of business.
2. If the carrier no longer issues new policies for that class of business, the carrier shall use the percentage of change in the premium rate for new business for the class of business which is most similar to the closed class of business and for which the carrier is issuing new policies.
3. In the case of health benefit plans delivered or issued for delivery before January 1, 1996, a premium rate for a rating period may exceed the ranges set forth in paragraphs (a) and (b) of subsection 1 for a period of 3 years following that date. In that case, the percentage of increase in the premium rate charged to a small employer for a new rating period may not exceed the sum of:
(a) The percentage of change in the premium rate for new business measured from the first day of the previous rating period to the first day of the new rating period. In the case of a health benefit plan into which the carrier is no longer enrolling new small employers, the carrier shall use the percentage of change in the base premium rate if that change does not exceed, on a percentage basis, the change in the premium rate for new business for the most similar health benefit plan into which the carrier is actively enrolling new small employers.
(b) Any adjustment on account of change in coverage or change in the characteristics of the small employer as determined from the carriers rate manual for the class of business.
4. As used in this section, premium rate for new business means, for each class of business as to a rating period, the lowest premium rate charged or offered or which could have been charged or offered by the carrier to small employers with similar characteristics for newly issued health benefit plans with the same or similar coverage.
κ1995 Statutes of Nevada, Page 984 (CHAPTER 395, AB 299)κ
Sec. 21. A carrier serving small employers shall not charge adjustments in rates for claim experience, health status and duration of coverage to individual employees or dependents. Any such adjustment must be applied uniformly to the rates charged for all employees and dependents of a small employer.
Sec. 22. 1. The index rate for a rating period for any class of business may not exceed the index rate for any other class of business by more than 20 percent.
2. For a class of business, the premium rates charged during a rating period to small employers with similar characteristics for the same or similar coverage, or the rates that could be charged to such employers under the rating system for that class of business, may not vary from the index rate by more that 25 percent.
3. As used in this section:
(a) Base premium rate means, for each class of business as to a rating period, the lowest premium rate charged or that could have been charged under a rating system for that class of business by the carrier to small employers with similar characteristics for health benefit plans subject to regulation by the commissioner.
(b) Index rate means, for each class of business as to a rating period for small employers with similar characteristics, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate.
Sec. 23. A carrier serving small employers may utilize industry classifications as a rating factor in establishing premium rates, but the highest rate factor associated with any industry classification may not exceed the lowest rate factor associated with any industry classification by more than 25 percent.
Sec. 24. A carrier serving small employers shall make the information and documents described in sections 20 to 23, inclusive, of this act available to the commissioner upon request. Except in cases of violations of sections 2 to 33, inclusive, of this act, the information is proprietary, constitutes a trade secret, and is not subject to disclosure by the commissioner to persons outside of the division except as agreed to by the carrier or as ordered by a court of competent jurisdiction.
Sec. 25. 1. Except as otherwise provided in subsection 2, a carrier serving small employers may establish no more than nine separate classes of business, and each class must reflect substantial differences in expected claim experience or administrative costs related to the following:
(a) The use of more than one type of system for the marketing and sale of health benefit plans to small employers;
(b) The acquisition of a class of business from another carrier serving small employers; or
(c) The provision of coverage to one or more groups that meet the requirements of NRS 689B.026.
2. The commissioner may approve the establishment of additional classes of business upon application by a carrier and a finding by the commissioner that this action would enhance the efficiency and fairness of the market for health insurance for small employers.
κ1995 Statutes of Nevada, Page 985 (CHAPTER 395, AB 299)κ
3. The commissioner may adopt regulations to provide for a period of transition for a carrier serving small employers to comply with subsection 1 if the carrier acquires an additional class of business from another carrier serving small employers.
4. A carrier shall not transfer a small employer involuntarily into or out of a class of business. A carrier shall not offer to transfer a small employer into or out of a class of business unless the offer is to transfer all small employers in the class of business without regard to characteristics, claim experience, health status or duration of coverage.
Sec. 25.5. 1. The commissioner shall adopt regulations which require a carrier to file with the commissioner, for his approval, a disclosure offered by the carrier to a small employer. The disclosure must include:
(a) Any significant exception, reduction or limitation that applies to the policy;
(b) Any restrictions on payments for emergency care, including, without limitation, related definitions of an emergency and medical necessity;
(c) The provision of the health benefit plan concerning the carriers right to change premium rates and the characteristics, other than claim experience, that affect changes in premium rates;
(d) The provisions relating to renewability of policies and contracts;
(e) The provisions relating to any preexisting condition; and
(f) Any other information that the commissioner finds necessary to provide for full and fair disclosure of the provisions of a policy or contract of insurance issued pursuant to this chapter.
2. The disclosure must be written in language which is easily understood and must include a statement that the disclosure is a summary of the policy only, and that the policy itself should be read to determine the governing contractual provisions.
3. The commissioner shall not approve any proposed disclosure submitted to him pursuant to this section which does not comply with the requirements of this section and the applicable regulations.
Sec. 26. A carrier shall provide to a small employer to whom it has offered a health benefit plan a copy of the disclosure approved for that plan pursuant to section 25.5 of this act before any policy or contract of insurance under a health benefit plan is issued. A carrier shall not offer a health benefit plan to a small employer unless the disclosure for the plan has been approved by the commissioner.
Sec. 27. The commissioner may suspend for a specified period the application of paragraph (a) of subsection 1 and of subsection 2 of section 20 of this act as to the premium rates applicable to one or more small employers included within a class of business of a carrier serving small employers for one or more rating periods upon application by the carrier and a finding by the commissioner that the suspension:
1. Is reasonable in light of the financial condition of the carrier; or
2. Would enhance the efficiency and fairness of the market for health insurance for small employers.
Sec. 28. 1. Each carrier serving small employers shall file with the commissioner annually, on or before March 15, an actuarial certification that the carrier is in compliance with the provisions of sections 20 to 25, inclusive, of this act and that the rating methods of the carrier are actuarially sound.
κ1995 Statutes of Nevada, Page 986 (CHAPTER 395, AB 299)κ
this act and that the rating methods of the carrier are actuarially sound. The certification must be made in a form and manner, and contain the information, specified by the commissioner. A copy of the certification must be retained by the carrier at its principal place of business.
2. As used in this section, actuarial certification means a written statement by a member of the American Academy of Actuaries or other person acceptable to the commissioner, based upon the certifiers examination of the appropriate records of the carrier, including a review of the actuarial assumptions and methods used by the carrier in establishing premium rates for health benefit plans.
Sec. 29. 1. Except as otherwise provided in subsections 2 and 3, a carrier shall renew a health benefit plan at the option of the small employer who purchased the plan.
2. A carrier may refuse to renew a health benefit plan if:
(a) The carrier discontinues transacting insurance in this state or in the geographic area of this state where the employer is located;
(b) The employer fails to pay the premiums required by the terms of the plan;
(c) The employer misrepresents any information regarding the employees covered under the plan or other information regarding eligibility for coverage under the plan; or
(d) The employer fails to comply with any of the provisions of this chapter.
3. A carrier may require a small employer to exclude a particular employee or his dependent from coverage under a health benefit plan as a condition to renewal of the plan if the employee or his dependent commits fraud upon the carrier or misrepresents a material fact which affects his coverage under the plan.
4. If a carrier cancels a health benefit plan, it may deny coverage to the small employer for such period and under such conditions as are specified by the commissioner.
Sec. 30. 1. A carrier that discontinues transacting insurance in this state or in a particular geographic area of this state shall:
(a) Notify the commissioner not less than 180 days before the expiration of any policy or contract of insurance under any health benefit plan issued to a small employer pursuant to this chapter.
(b) Notify each small employer affected not less than 180 days before coverage under the health benefit plan of the employer expires.
2. A carrier that cancels any health benefit plan because it has discontinued transacting insurance in this state or in a particular geographic area of this state may not issue any health benefit plans pursuant to this chapter in this state or in the particular geographic area for 30 months after it gives notice to the commissioner pursuant to subsection 1.
Sec. 31. 1. Any policy or contract of insurance delivered or issued for delivery in this state under a health benefit plan which provides for coverage of benefits under the plan on an expense-incurred basis must contain a provision that the employee is entitled to have issued to him by the insurer a policy of health insurance when the employee is no longer covered by the health benefit plan.
κ1995 Statutes of Nevada, Page 987 (CHAPTER 395, AB 299)κ
2. The requirement in subsection 1 only applies to a policy or contract of insurance issued under a health benefit plan if:
(a) The termination of coverage is not because of termination of the health benefit plan, unless the termination of the health benefit plan resulted from the failure of the employer to remit the required premiums;
(b) The termination is not because of failure of the employee to remit any required contributions;
(c) The employee has been continuously insured under any health benefit plan of the employer for at least 3 consecutive months immediately preceding the termination; and
(d) The employee applies in writing for the converted policy and pays his first premium to the insurer not later than 31 days after the termination.
Sec. 32. 1. Except as otherwise provided in this section, if an employer who employs less than 20 employees maintains a health benefit plan which covers those employees, the plan must contain a provision which permits:
(a) An employee to elect to continue identical coverage under the plan, excluding coverage provided for eye or dental care, if:
(1) His employment is terminated for any reason other than gross misconduct; or
(2) The number of his working hours is reduced so that he ceases to be eligible for coverage.
(b) The spouse or dependent child of an employee to elect to continue coverage, excluding any coverage provided for eye or dental care, if:
(1) The employees employment is terminated for any reason other than gross misconduct or the number of his working hours is reduced so that he ceases to be eligible for coverage;
(2) The employee dies;
(3) The employee and his spouse are divorced or legally separated;
(4) The dependent child ceases to be eligible for coverage under the terms of the policy; or
(5) The spouse ceases to be eligible for coverage after becoming eligible for Medicare.
2. The period of continued coverage is limited to:
(a) Eighteen months for an employee.
(b) Thirty-six months for the dependent of an employee.
3. An employee who voluntarily leaves his employment, or the dependent of that employee, is not eligible to continue coverage pursuant to this section.
4. Any employee or his dependent who has not been covered under a health benefit plan of the employer for at least 12 consecutive months before the termination of his coverage is not eligible to continue coverage pursuant to this section.
Sec. 33. A health benefit plan which offers a difference of payment between preferred providers of health care and providers of health care who are not preferred:
1. May not require a deductible of more than $600 difference per admission to a facility for inpatient treatment which is not a preferred provider of health care.
κ1995 Statutes of Nevada, Page 988 (CHAPTER 395, AB 299)κ
2. May not require a deductible of more than $500 difference per treatment, other than inpatient treatment at a hospital, by a provider which is not preferred.
3. May not provide for a difference in percentage rates of payment for coinsurance of more than 30 percentage points between the payment for coinsurance required to be paid by the insured to a preferred provider of health care and the payment for coinsurance required to be paid by the insured to a provider of health care who is not preferred.
4. Must require that the deductible and payment for coinsurance paid by the insured to a preferred provider of health care be applied to the negotiated reduced rates of that provider.
5. Must include for providers of health care who are not preferred a provision establishing the point at which an insureds payment for coinsurance is no longer required to be paid if such a provision is included for preferred providers of health care. Such provisions must be based on a calendar year. The point at which an insureds payment for coinsurance is no longer required to be paid for providers of health care who are not preferred must not be greater than twice the amount for preferred providers of health care, regardless of the method of payment.
6. Must provide that if there is a particular service which a preferred provider of health care does not provide and the provider of health care who is treating the insured requests the service and the insurer determines that the use of the service is necessary for the health of the insured, the service shall be deemed to be provided by the preferred provider of health care.
7. Must require the insurer to process a claim of a provider of health care who is not preferred not later than 30 working days after the date on which proof of the claim is received.
Sec. 34. NRS 695B.320 is hereby amended to read as follows:
695B.320 Nonprofit hospital and medical or dental service corporations are subject to the provisions of this chapter, and to the following provisions of this code, to the extent applicable and not in conflict with the express provisions of this chapter:
1. Chapter 679A of NRS (scope and definitions);
2. Chapter 679B of NRS (commissioner of insurance);
3. NRS 686A.010 to 686A.310, inclusive, (trade practices and frauds); [and]
4. Sections 2 to 33, inclusive, of this act (health benefit plans for small employers); and
5. Chapter 696B of NRS (delinquent insurers: conservation, rehabilitation and liquidation).
Sec. 35. 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] Senate Bill No. 271 of this session, subsections 2, 4, 18, 19 and 32 of NRS 680B.010 and sections 2 to 33, inclusive, of this act 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.
κ1995 Statutes of Nevada, Page 989 (CHAPTER 395, AB 299)κ
Sec. 36. Section 23 of this act is hereby amended to real as follows:
Sec. 23. A carrier serving small employers may utilize industry classifications as a ranting factor in establishing premium rates, but the highest rate factor associated with any industry classification may not exceed the lowest rate factor associated with any industry classification by more than [25] 20 percent.
Sec. 37. NRS 689C.010, 689C.020, 689C.030, 689C.040, 689C.050, 698C.060, 689C.070, 689C.080, 689C.090, 689C.100, 689C.110, 689C.120, 689C.130 and 689C.140 are hereby repealed
Sec. 38. 1. This section, sections 1 to 27, inclusive, 29 to 35, inclusive, and 37 of this act become effective on January 1, 1996.
2. Section 28 of this act becomes effective on January 1, 1997.
3. Section 36 of this act becomes effective on July 1, 1997.
________
Assembly Bill No. 721Committee on Government Affairs
CHAPTER 396
AN ACT relating to fire protection districts; providing as an alternative for the election of directors of fire protection districts at large without precincts; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 474.070 is hereby amended to read as follows:
474.070 1. [When, under] Except as otherwise provided in subsection 2, when, pursuant to the provisions of NRS 474.040 to 474.060, inclusive, the boundaries of the proposed district are defined and established by the board, the board of county commissioners shall make an order dividing the proposed district into three or five divisions as nearly equal in size as practicable. The divisions must be numbered consecutively and constitute election precincts for the district.
2. [Each] When or after the boundaries of a district are established, the board of county commissioners may provide for the election of three or five directors at large, without precincts.
3. If precincts are created, each director must be a resident of the election precinct for which he is elected and must be elected at large by the district.
Sec. 2. NRS 474.535 is hereby amended to read as follows:
474.535 1. A fire protection district established pursuant to NRS474.460 to 474.540, inclusive, which has been in existence for at least 10 years, may be reorganized as a fire protection district subject to the provisions of NRS 474.010 to 474.450, inclusive, in the manner provided in this section.
2. The reorganization of such a district may be initiated by:
κ1995 Statutes of Nevada, Page 990 (CHAPTER 396, AB 721)κ
(a) A petition signed by at least a majority of the owners of property located within the district; or
(b) A resolution of the board of county commissioners of the county in which the district is located.
3. If, after notice and a hearing, the board of county commissioners determines that the reorganization of the district is in the best interests of the county and the district, it shall adopt an ordinance reorganizing the district. The ordinance must include the name and boundaries of the district.
4. The board shall cause a copy of the ordinance, certified by the clerk of the board of county commissioners, to be filed immediately for record in the office of the county recorder.
5. The reorganization of the district is complete upon the filing of the ordinance pursuant to this section. The district thereafter is subject to the provisions of NRS 474.010 to 474.450, inclusive. Upon the completion of the reorganization of the district, the district shall assume the debts, obligations, liabilities and assets of the former district.
6. The board of county commissioners shall:
(a) Make an order dividing the district into election precincts , or providing for the election of directors at large, in the manner provided in NRS 474.070.
(b) Appoint the initial members of the board of directors of the district to terms established in the manner provided in NRS 474.130. Each director must be a resident of the precinct , if any, for which he is appointed, and serves until his successor is elected and qualified.
________
Assembly Bill No. 698Committee on Ways and Means
CHAPTER 397
AN ACT relating to the vehicle privilege tax; revising the provisions governing the disposition of the commission for collecting the vehicle privilege tax; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.180 is hereby amended to read as follows:
482.180 1. The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.
2. The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.
3. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.
κ1995 Statutes of Nevada, Page 991 (CHAPTER 397, AB 698)κ
vehicle fund or the county to which the payment was credited, in the proper proportion.
4. Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.
5. The privilege tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:
Carson City ..... 1.07 percent Lincoln ................. 3.12 percent
Churchill .......... 5.21 percent Lyon ..................... 2.90 percent
Clark ................ 22.54 percent Mineral ................ 2.40 percent
Douglas ............ 2.52 percent Nye ....................... 4.09 percent
Elko .................. 13.31 percent Pershing ............... 7.00 percent
Esmeralda ....... 2.52 percent Storey ................... .19 percent
Eureka ............. 3.10 percent Washoe ................ 12.24 percent
Humboldt ........ 8.25 percent White Pine ........... 5.66 percent
Lander ............. 3.88 percent
The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.
6. As commission to the [state] department for collecting the privilege tax on vehicles subject to the provisions of this chapter and chapter 706 of NRS, the department [is entitled to retain] shall deduct and withhold 1 percent of the privilege tax collected by a county assessor and 6 percent of the other privilege tax collected.
7. When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
8. If a statute requires that any money in the motor vehicle fund be transferred to another fund or account, the department shall direct the controller to transfer the money in accordance with the statute.
Sec. 2. NRS 408.235 is hereby amended to read as follows:
408.235 1. There is hereby created the state highway fund.
2. [The] Except as otherwise provided in subsection 6 of NRS 482.180, the proceeds from the imposition of any license or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this state and the proceeds from the imposition of any excise tax on gasoline or other motor vehicle fuel must be deposited in the state highway fund and must, except for costs of administering the collection thereof, be used exclusively for administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.
3. The interest and income earned on the money in the state highway fund, after deducting any applicable charges, must be credited to the fund.
4. Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.
κ1995 Statutes of Nevada, Page 992 (CHAPTER 397, AB 698)κ
motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.
5. Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.
6. All bills and charges against the state highway fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the director and must be presented to and examined by the state board of examiners. When allowed by the state board of examiners and upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer.
Sec. 3. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 697Committee on Ways and Means
CHAPTER 398
AN ACT making a supplemental appropriation to the department of prisons for certain costs relating to medical care; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of prisons the sum of $1,717,568 for certain costs relating to the provision of medical care to prisoners. This appropriation is supplemental to that made by section 21 of chapter 350, Statutes of Nevada 1993, at page 1119.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
κ1995 Statutes of Nevada, Page 993κ
Assembly Bill No. 667Assemblyman Hettrick
CHAPTER 399
AN ACT relating to real estate; requiring the designation of a location for the principal office of the real estate division of the department of business and industry; requiring the real estate division to establish a branch office; prohibiting the issuance of certain licenses to persons convicted of certain crimes during a period after their conviction; requiring the adoption of regulations establishing fees for the examination of appraisers; requiring title insurers, title agents and escrow officers to verify that a qualified intermediary is registered with the real estate division before engaging in a real estate transaction in which the qualified intermediary is involved; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 654.170 is hereby amended to read as follows:
645.170 1. The director shall designate the location of the principal office of the real estate division . [shall be at Carson City, Nevada.] The administrator shall conduct business primarily in the principal office of the real estate division.
2. If the principal office of the real estate division is located in:
(a) The southern district of Nevada created pursuant to subsection 3 of NRS 645.100, the real estate division shall establish at least one branch office in the northern district of Nevada created pursuant to subsection 4 of NRS 645.100.
(b) The northern district of Nevada, the real estate division shall establish at least one branch office in the southern district of Nevada.
3. The real estate division may designate other convenient places within the state for the establishment of branch offices.
Sec. 2. NRS 645.330 is hereby amended to read as follows:
645.330 1. [The] Except as otherwise provided by specific statute, the division may approve an application for a license for a person who meets all the following requirements:
(a) Has a good reputation for honesty, trustworthiness and integrity and who offers proof of those qualifications satisfactory to the division.
(b) [Has not been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude in any court of competent jurisdiction in the United States or elsewhere. The untrustworthiness of an applicant and a conviction of a crime listed in this subsection may be sufficient ground for refusal of a license. The division may deny a license to any person who has been convicted of engaging in a real estate business without a license.
(c)] Has not made a false statement of material fact on his application.
[(d)] (c) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.
[(e)] (d) Has passed the examination.
κ1995 Statutes of Nevada, Page 994 (CHAPTER 399, AB 667)κ
2. The division:
(a) May deny a license to any person who has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in a real estate business without a license, possessing for the purpose of sale any controlled substance or any crime involving moral turpitude, in any court of competent jurisdiction in the United States or elsewhere; and
(b) Shall not issue a license to such a person until at least 3 years after:
(1) The person pays any fine or restitution ordered by the court; or
(2) The expiration of the period of the persons parole, probation or sentence,
whichever is later.
3. Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country within 10 years before the date of the application is grounds for refusal to grant a license.
[3.] 4. A person may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this state, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding the issuance of a brokers license.
Sec. 3. NRS 645.475 is hereby amended to read as follows:
645.475 1. An applicant for a real estate brokers license may take the written examination before he has complied with the experience requirements of subsection [3] 4 of NRS 645.330 , [;] but the division shall not approve the issuance of a brokers license until all the requirements of this chapter are met.
2. An applicant, pursuant to subsection 1, who passes the brokers examination must be issued a broker-salesmans license. The applicant may be issued a brokers license upon:
(a) Making proper application to the division; and
(b) Satisfying the experience requirements of subsection [3] 4 of NRS 645.330.
Sec. 4. NRS 645.606 is hereby amended to read as follows:
645.606 1. As used in NRS 645.606 to 645.6085, inclusive, qualified intermediary has the meaning ascribed to it in 26 C.F.R. § 1.1031(k)-1(g).
2. The term includes any person who advertises or holds himself out as prepared to facilitate a [tax-free] tax-deferred exchange of property in this state by acting as the custodian of money or other property.
3. The term does not include a bank or other depository institution, an escrow company, a title insurer, an agent licensed pursuant to chapter 692A of NRS or its subsidiaries or employees.
Sec. 5. NRS 645C.340 is hereby amended to read as follows:
645C.340 1. Each application for an examination for a certificate or license must be accompanied by the fees established by the division pursuant to subsection 2 of NRS 645C.450.
κ1995 Statutes of Nevada, Page 995 (CHAPTER 399, AB 667)κ
2. The examination must test the applicant on his knowledge and understanding of:
(a) Subjects applicable to the type of certificate or license for which he is applying; and
(b) Laws regarding the practice of preparing and communicating appraisals, including the provisions of this chapter and any regulations adopted pursuant thereto.
[2.] 3. The division may hire a professional testing organization to create, administer or score the examination.
Sec. 6. NRS 645C.450 is hereby amended to read as follows:
645C.450 1. The following fees may be charged and collected by the division:
Application for a certificate, license or registration card................. $100
[Examination for a certificate or license............................................. 100]
Issuance or renewal of a certificate or license as a residential appraiser ............................................................................................ 250
Issuance or renewal of a certificate as a general appraiser............... 350
Issuance of a permit................................................................................... 75
Issuance or renewal of a registration card............................................ 150
Issuance of a duplicate certificate or license for an additional office 50
Change in the name or location of a business....................................... 10
Reinstatement of an inactive certificate or license............................... 10
Annual approval of a course of instruction offered in preparation for an initial certificate or license....................................................................... 100
Annual approval of a course of instruction offered for continuing education............................................................................................................. 50
2. The division shall adopt regulations which establish the fees to be charged and collected by the division for:
(a) The examination for a certificate or license; and
(b) Any additional expenses which are necessary for the administration of the examination.
Sec. 7. NRS 692A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A title insurer, title agent or escrow officer shall not handle an escrow, settlement or closing in which a qualified intermediary is involved unless he first verifies that the qualified intermediary is registered pursuant to NRS 645.606 to 645.6085, inclusive.
2. The real estate division of the department of business and industry shall, each calendar quarter, publish and distribute to each title insurer, title agent and escrow officer licensed by the commissioner, a list of the qualified intermediaries registered pursuant to NRS 645.606 to 645.6085, inclusive. For the purposes of subsection 1, the registration of a qualified intermediary may be verified by ascertaining whether his name appears on the list most recently published pursuant to this subsection or, if his name does not appear on that list, by contacting the real estate division.
κ1995 Statutes of Nevada, Page 996 (CHAPTER 399, AB 667)κ
3. As used in this section, qualified intermediary has the meaning ascribed to it in NRS 645.606.
Sec. 8. The real estate division of the department of business and industry shall adopt the regulations required by section 6 of this act in a timely manner to ensure that those regulations become effective on October 1, 1995.
Sec. 9. 1. This section and sections 1 through 4, inclusive, 7 and 8 of this act become effective upon passage and approval.
2. Section 6 of this act becomes effective upon passage and approval for the purpose of adopting regulations, and on October 1, 1995, for all other purposes.
3. Section 5 of this act becomes effective on October 1, 1995.
________
Assembly Bill No. 598Committee on Judiciary
CHAPTER 400
AN ACT relating to proceedings in criminal cases; limiting the exclusion of certain persons from such proceedings; authorizing, upon good cause shown, the entry of an order for exclusion during a preliminary examination on the motion of any party or by the magistrate on his own motion; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.204 is hereby amended to read as follows:
171.204 1. Except as otherwise provided in subsection 2, the magistrate may, if good cause is shown and upon the request of [the defendant,] any party or on his own motion, exclude from the examination every person except [his clerk, the prosecutor and his counsel, the] :
(a) The magistrates clerk;
(b) The attorney general [, the district attorney of the county, the] ;
(c) The prosecuting attorney;
(d) An investigating officer, after he has testified as a prosecuting witness and his cross-examination has been completed;
(e) Any counsel for the victim;
(f) The victim, after he has testified as a prosecuting witness and his cross-examination has been completed;
(g) The defendant and his counsel [, the] ;
(h) The witness who is testifying [, the] ;
(i) The officer having the defendant or a witness is his custody [, an] ;
(j) An attendant to a prosecuting witness designated pursuant to NRS 178.571 ; and [any]
(k) Any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.
2. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded from the examination except in the discretion of the magistrate.
κ1995 Statutes of Nevada, Page 997 (CHAPTER 400, AB 598)κ
3. As used in this section, victim includes any person described in NRS 178.569.
Sec. 2. NRS 50.155 is hereby amended to read as follows:
50.155 1. Except as otherwise provided in subsections 2 and 3, at the request of a party the judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and he may make the order of his own motion.
2. This section does not authorize the exclusion of:
(a) A party who is a natural person;
(b) An officer or employee of a party which is not a natural person designated as its representative by its attorney; [or]
(c) A person whose presence is shown by a party to be essential to the presentation of his cause [.] ; or
(d) Except as otherwise provided in NRS 171.204, any of the persons listed in subsection 1 of that section.
3. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded from the examination except in the discretion of the judge.
Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1995.
________
Assembly Bill No. 534Committee on Judiciary
CHAPTER 401
AN ACT relating to children; increasing the criminal penalty for the abduction of a child by a parent with joint legal custody; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.359 is hereby amended to read as follows:
200.359 1. Except as otherwise provided in subsection 6, every person having a limited right of custody to a child by operation of law or pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:
(a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or
(b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not less than $1,000 nor more than $5,000, or by both fine and imprisonment.
κ1995 Statutes of Nevada, Page 998 (CHAPTER 401, AB 534)κ
2. A parent who has joint legal custody of a child pursuant to NRS 125.465 shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to deprive the other parent of the parent and child relationship. A person who violates this subsection shall be punished as provided in subsection 1.
3. If the mother of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the father of the child shall not willfully conceal or remove the child from the physical custody of the mother. If the father of a child has primary physical custody pursuant to subsection 2 of NRS 126.031, the mother of the child shall not willfully conceal or remove the child from the physical custody of the father. A person who violates this subsection shall be punished as provided in subsection 1.
4. Before an arrest warrant may be issued for a violation of this section, the court must find that:
(a) This is the home state of the child, as defined in subsection 5 of NRS 125A.040; and
(b) There is cause to believe that the entry of a court order in a civil proceeding brought pursuant to chapter 125 or 125A of NRS will not be effective to enforce the rights of the parties and would not be in the best interests of the child.
5. Upon conviction for a violation of this section, the court shall order the defendant to provide restitution for any expenses incurred in locating or recovering the child.
6. The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if he finds that:
(a) The defendant has no prior conviction for this offense and the child has suffered no substantial harm as a result of the offense; or
(b) The interests of justice require that the defendant be punished as for a misdemeanor.
7. A person who aids or abets any other person to violate this section shall be punished as provided in subsection 1.
8. This section does not apply to a person who detains, conceals or removes a child to protect the child from the imminent danger of abuse or neglect or to protect himself from imminent physical harm, and reported the detention, concealment or removal to a law enforcement agency or an agency which provides protective services with 24 hours after detaining, concealing or removing the child, or as soon as the circumstances allowed. As used in this subsection:
(a) Abuse or neglect has the meaning ascribed to it in paragraph (a) of subsection 3 of NRS 200.508.
(b) Agency which provides protective services has the meaning ascribed to it in NRS 432B.030.
________
κ1995 Statutes of Nevada, Page 999κ
Assembly Bill No. 504Committee on Commerce
CHAPTER 402
AN ACT relating to collection agencies; revising the definition of claim; establishing a procedure to determine the amount of the surety bond or other security a licensee is required to maintain with the commissioner of financial institutions; increasing the requirements for licenses and certificates; revising the grounds for the suspension or revocation of a managers certificate; revising certain requirements for a hearing relating to the denial of an application for a managers certificate; and providing other matters properly relating thereto.
[Approved June 28, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 649.010 is hereby amended to read as follows:
649.010 Claim means any obligation for the payment of money or its equivalent [arising in the usual course of any business or professional occupation.] that is past due.
Sec. 2. NRS 649.045 is hereby amended to read as follows:
649.045 The legislature finds and declares that:
1. There exists in this state a need for more stringent regulatory control over collection agencies to [assure] ensure that they are composed only of responsible and well qualified personnel . [and to promote the convenience and advantage of the community in which licensed collection agencies are to be located.]
2. It is the purpose of this chapter to:
(a) Bring licensed collection agencies and their personnel under more stringent public supervision;
(b) Establish a system of regulation [for the purpose of ensuring] to ensure that persons using the services of a collection agency are properly represented; and
(c) Discourage improper and abusive collection methods . [; and
(d) Ensure adequate, efficient and competitive collection agencies for each communitys convenience.]
Sec. 3. NRS 649.053 is hereby amended to read as follows:
649.053 The commissioner shall [:
1. Adopt] adopt such regulations as may be necessary to carry out the provisions of this chapter.
[2. Make such surveys as may be necessary to determine the necessity and conditions for new or additional collection agencies in any community and use such surveys as a basis for making appropriate decisions on applications for collection agency licenses.]
Sec. 4. NRS 649.085 is hereby amended to read as follows:
649.085 Every individual applicant, every officer and director of a corporate applicant, and every member of a firm or partnership applicant for a license as a collection agency or collection agent [shall:
1. Be] must submit proof satisfactory to the commissioner that he:
1. Is a citizen of the United States [.] or lawfully entitled to remain and work in the United States.
κ1995 Statutes of Nevada, Page 1000 (CHAPTER 402, AB 504)κ
2. [Be of good moral character and not have been convicted of any crime involving moral turpitude.
3. Not have] Has a good reputation for honesty, trustworthiness, integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.
3. Has not had a collection agency license suspended or revoked [.] within the 10 years immediately preceding the date of the application.
4. Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.
5. Has not made a false statement of material fact on his application.
6. Will maintain one or more offices in this state for the transaction of the business of his collection agency.
7. Has established a plan to ensure that his collection agency will provide the services of a collection agency adequately and efficiently.
Sec. 5. NRS 649.105 is hereby amended to read as follows:
649.105 1. An applicant for a license [shall] must file with the commission, concurrently with the application, a bond in the sum of $25,000, or an appropriate substitute pursuant to NRS 649.119, which must run to the State of Nevada. The bond must be made and executed by the principal and a surety company authorized to write bonds in the State of Nevada.
2. The bonds must be conditioned:
(a) That the principal, who must be the applicant, must, upon demand in writing, pay any customer from whom any claim for collection is received, the proceeds of the collection, in accordance with the terms of the agreement made between the principal and the customer; and
(b) That the principal must comply with all requirements of this or any other statute with respect to the duties, obligations and liabilities of collection agencies.
3. Not later than 3 months after the issuance of the license and semiannually thereafter, the commissioner shall determine the appropriate amount of bond or appropriate substitute which must be maintained by the licensee in accordance with the licensees average monthly balance in the trust account maintained pursuant to NRS 649.355:
AVERAGE MONTHLY BALANCE AMOUNT OF BOND REQUIRED
Less than $100,000....................................................................................... $25,000
$100,000 or more but less than $150,000.................................................. 30,000
$150,000 or more but less than $200,000.................................................. 40,000
$200,000 or more............................................................................................ 50,000
Sec. 6. NRS 649.135 is hereby amended to read as follows:
649.135 The commissioner shall enter an order approving the application for a license, keep on file his findings of fact pertaining thereto, and permit the applicant to take the required examination, if he finds that [:
1. The] the applicant has met all the other requirements of this chapter pertaining to his qualifications and application . [; and
2. Allowing the applicant to engage in the collection agency business will promote the convenience and advantage of the community in which the business is to be located.]
Sec. 7. NRS 649.196 is hereby amended to read as follows: