[Rev. 2/12/2019 2:31:39 PM]
κ1995 Statutes of Nevada, Page 1401 (CHAPTER 447, SB 574)κ
Occupational education ............ 5,615,853................. 5,615,920
Nutrition education .................... 31,425,283.............. 37,312,000
Continuing education ................ 2,004,264................. 2,004,340
Drug abuse education ................ 2,113,055................. 2,113,327
National origin and race desegregation program .................... 109,317 109,262
Proficiency testing ...................... 2,833......................... 2,833
Discretionary grants program ... 753,486.................... 800,753
Teacher education and licensing .................... 395,265 432,258
Education of handicapped persons ................. 1,412,918 1,683,651
School health educationAIDS .................... 216,192 219,342
Other education programs ........ 25,496...................... 26,496
Student incentive grants ............ 428,262.................... 429,256
Education gift fund .................... 50,000...................... 50,000
Commission on postsecondary education ...................... 63,038 62,821
University and Community College System of Nevada
System administration .............. 72,111...................... 72,760
Agriculture experiment station . 1,443,119................. 1,458,794
Cooperative extension service . 1,681,168................. 1,686,680
University of Nevada, Reno ..... 22,230,668.............. 23,646,867
School of medical sciences ....... 1,846,281................. 1,887,234
University of Nevada, Las Vegas .............. 26,536,566 28,501,247
Special projects account ........... 2,150,000................. 2,150,000
Community college of Southern Nevada ................. 6,230,552 7,146,237
Western Nevada community college ................. 1,582,036 1,762,689
Truckee Meadows community college ................. 3,263,744 3,660,322
Northern Nevada community college .................... 803,128 904,264
Radiation safety boardSouthern Nevada .................... 131,259 136,547
Radiation safety boardNorthern Nevada .................... 254,605 261,665 Desert research institute ............. 148,486 148,486
κ1995 Statutes of Nevada, Page 1402 (CHAPTER 447, SB 574)κ
Desert research institute ............ 148,486.................... 148,486
W.I.C.H.E. loan fund .......................... 849,174.................... 730,548
Department of museums, library and arts
Administration ............................ 65,172...................... 68,270
Nevada railroad museum ......... 287,943.................... 288,972
Lost City museum ...................... 81,153...................... 82,387
State museum in Las Vegas ..... 37,109...................... 37,109
Nevada state museum .............. 303,056.................... 312,361
Nevada historical society .......... 67,405...................... 71,765
East Ely depot museum ............ 56,326...................... 56,985
Historic preservation .................. 367,971.................... 352,809
Comstock historic district ......... 12,000...................... 12,000
State council on the arts ............ 688,333.................... 689,693
Division of state library and archives .................... 907,233 923,299
Literacy program ........................ 70,574...................... 70,574
Archives and records ................. 42,811......................... 8,211
Records management and micrographics .................... 323,945 312,794
Central libraries automated network .................... 356,570 437,934
Department of human resources
Directors office .......................... 6,172,874................. 6,140,077
Intergovernmental transfer account ............ 105,703,563 80,277,282
State public defender ................. 1,098,428................. 1,086,371
Health resources and cost review .................... 135,000 85,000
Community services block grant ................. 2,194,535 2,194,792
Purchase of social services ....... 15,122,859.............. 15,045,516
Aging services division ............... 6,097,937................. 6,327,204
Senior services program ............ 4,229,976................. 4,570,151
Division of child and family services Administration ...... 11,073,724.............. 12,143,193
Northern Nevada child and adolescent services ................. 2,109,005 2,238,506
Southern Nevada child and adolescent services ................. 3,022,476 3,076,638
Bureau of services for child care .................... 438,996 438,738
Youth alternative placements .. 556,399.................... 574,679
Nevada youth training center bureau .................... 236,143 236,263 Youth training centerECIAChapters I and II ............. 138,898 139,140
κ1995 Statutes of Nevada, Page 1403 (CHAPTER 447, SB 574)κ
Youth training centerECIAChapters I and II ..................... 138,898.................... 139,140
Youth training center farm ...................... 10,000 10,000
Youth corrections services ........ 188,590.................... 189,325
Caliente youth center bureau ... 255,796.................... 255,796
Chapter ISpecial education ... 2,311,616................. 1,894,379
Youth community services ....... 23,516,199.............. 24,403,931
Victims of domestic violence ... 1,704,000................. 2,178,750
Child abuse and neglect ............ 243,127.................... 245,336
Probation subsidies .................... 379,996.................... 379,996
Child welfare trust ...................... 1,529,319................. 1,699,647
Childrens trust account ............ 928,043.................... 907,534
Health division
Office of the state health officer .................... 840,987 863,527
Vital statistics .................... 319,278.................... 323,175
Bureau of health facilities ................. 2,566,923 2,721,497
Family planning ................ 451,707.................... 451,542
Bureau of laboratory and research .................... 907,269 904,405
Womens, infants and childrens food supplement program .............. 19,005,934 20,604,621
Maternal child health services ................. 2,279,816 2,215,968
Special childrens clinic .... 475,845.................... 475,845
Community health services ................. 1,340,255 1,353,176
Emergency medical services ......................... 3,788 3,788
Health aid to counties 71,565 73,855
Sexually transmitted disease control ................. 3,398,578 2,770,452
Immunization program ... 1,597,775................. 1,607,583
Consumer health protection ................. 1,558,265 1,545,764
Radiological health .......... 686,704.................... 689,295
Communicable disease control .................... 460,658 459,934
Cancer control registry ..... 282,628 288,190 Radioactive material disposal ........... 8,019,240.......... 8,010,261
κ1995 Statutes of Nevada, Page 1404 (CHAPTER 447, SB 574)κ
Radioactive material disposal ................. 8,019,240 8,010,261
Mental hygiene and mental retardation division ................................... 145,129...................... 91,394
Nevada mental health institute ................. 2,659,696 2,668,852
Facility for the mentally ill offender .................... 188,317 188,317
Rural clinics ....................... 1,553,729................. 1,628,010
Southern Nevada adult mental health services ................... 2,449,250................. 2,487,371
Southern MH/MR food service .................... 926,188 949,601
Southern Nevada mental retardation services ................... 7,199,104................. 7,670,950
Northern Nevada mental retardation services ................... 5,163,224................. 5,280,668
Community training centers ................. 1,375,741 1,425,601
Resident placement .......... 644,962.................... 705,494
Welfare division
Administration .................. 24,671,042.............. 22,453,845
Aid to families with dependent children .............. 28,387,801 30,700,698
Assistance to the medically indigent ............ 363,217,154 394,415,533
Homemaking services ..... 1,621,373................. 1,633,264
Child support enforcement .............. 29,568,001 24,383,062
Employment and training ................. 3,305,591 3,948,025
Homeless grants ................ 468,863.................... 412,279
Safety seat program ......... 116,944.................... 118,217
Low-income weatherization assistance .................... 783,263 783,373
Low-income home energy assistance ................. 2,999,947 3,004,470
Petroleum overcharge account ......................... 7,632 -0-
Office of the military ........................... 2,688,999 2,787,359 Adjutant generals construction fund ... 1,078,090................. 1,069,714
κ1995 Statutes of Nevada, Page 1405 (CHAPTER 447, SB 574)κ
Adjutant generals construction fund ................. 1,078,090 1,069,714
Department of prisons
Office of the director ................. 393,439.................... 414,863
Medical care ................................ 574,282.................... 673,738
Prison industries .......................... 3,949,555................. 3,860,183
Prison industry capital projects 95,528...................... 95,528
Prison warehouse account ........ 5,261,376................. 5,611,754
Nevada state prison ................... 427,728.................... 428,144
Northern Nevada correctional center .................... 247,705 253,798
Southern Nevada correctional center ...................... 20,252 21,089
Ely maximum security facility 43,980...................... 44,306
Southern desert correctional center .................... 115,410 116,546
Nevada womens correctional center ...................... 29,929 32,597
Southern Nevada womens correctional center .............................. -0- 15,055
Lovelock correctional center .... 18,016...................... 19,526
Offenders store fund ................ 8,291,652................. 9,268,686
Pioche conservation camp ....... 6,613......................... 6,613
Southern desert conservation camp ............................ 820 839
Wells conservation camp .......... 15,517...................... 15,894
Humboldt conservation camp . 6,651......................... 6,651
Ely conservation camp ............. 6,664......................... 6,664
Inmate welfare account ............ 1,291,703.................... 983,202
Destitute prisoners fund ........... 14,230...................... 14,119
Tonopah conservation camp ... 6,613......................... 6,613
Southern Nevada conservation camp ............................ 139 139
Stewart conservation camp ...... 23,535...................... 25,017
Carlin conservation camp ........ 6,621......................... 6,621
Silver Springs conservation camp ...................... 11,060 12,246
Northern restitution center ........ 470,408.................... 470,408
Southern restitution center ........ 310,096.................... 310,096
Prison dairy .................................. 801,393 867,546 Department of business and industry
κ1995 Statutes of Nevada, Page 1406 (CHAPTER 447, SB 574)κ
Department of business and industry
Directors office .......................... 481,004.................... 447,939
Industrial development bond program .................... 276,929 215,029
Division of insurance ................. 598,618.................... 835,129
Cost stabilization .............. 169,188.................... 242,394
National association of insurance commissioners ...... 57,381...................... 54,593
Self-insuranceworkers compensation .................... 302,564 330,030
Self-insurance insolvency fund ...................... 75,000 135,000
Insurance examiners ........ 3,244,170................. 3,381,147
Office for hospital patients .................... 186,579 182,859
Insurance recovery fund . 40,000...................... 40,000
Insolvency fund ................ 3,207,498................. 3,251,937
Insurance education and research .................... 486,418 458,186
Taxicab authority ...................... 3,680,937................. 3,496,727
Division of minerals ................... 936,890.................... 881,184
Minerals reclamation pool ........ 992,956................. 1,220,208
Manufactured housing division .................... 780,634 900,137
Mobile home parks .......... 165,331.................... 191,055
Manufactured housing education and recovery ................. 742,551.................... 710,501
Lot rent subsidy program 706,886.................... 692,208
Division of financial institutions ......................... 8,556 8,556
Financial institutions audit program ...................... 64,862 65,243
Financial institutions investigations .................... 199,739 169,551
Division of industrial relations . 3,559,467................. 3,561,786
Enforcement for industrial safety ................. 3,209,173 3,248,128
Preventative safety .......... 1,780,259................. 1,731,092
Mine inspections ............... 652,328.................... 665,025
Consumer affair restitution ...... 200,000.................... 200,000
Energy conservation .................. 621,480 518,441 Real estate division ............. 186,814 170,876
κ1995 Statutes of Nevada, Page 1407 (CHAPTER 447, SB 574)κ
Real estate division .................... 186,814.................... 170,876
Real estate education and research .................... 839,784 744,271
Real estate recovery ......... 422,960.................... 422,960
Real estate investigative fund ...................... 17,590 17,106
Division of unclaimed property .................... 365,640 335,756
Housing division ......................... 6,253,687................. 6,318,653
Low-income housing trust ........ 5,905,719................. 7,529,891
Division of agriculture
Plant industry fund ........... 493,871.................... 492,750
Gas pollution standards ... 472,995.................... 494,729
Apiary inspection fund .... 15,151...................... 14,028
Agriculture registration and enforcement fund ........................ 759,752.................... 778,266
Livestock inspection fund ................. 1,005,696 895,815
Grading and certification of agriculture products ................. 219,435.................... 236,034
Insect abatement .............. 54,279...................... 54,850
Alfalfa seed research ....... 31,056...................... 20,330
Veterinary medical services ............................ 800 800
Rural rehabilitation trust . 111,473.................... 107,254
Nevada beef council ........................... 217,146.............................. 213,307
Predatory animal and rodent control ...................... 20,000 20,000
Sheep commission ............................... 17,576...................... 14,959
Woolgrowers predatory animal control ...................... 64,450 54,489
Grazing boards ..................................... 27,017 35,390
Athletic commission ............................ 50,000...................... 50,000
Attorney for injured workers .............. 1,880,871................. 1,973,089
Dairy commission ................................ 1,328,947................. 1,268,862
Employee management relations board ......................... 1,283 1,283
Gaming control board ......................... 2,867,736................. 2,867,919
Gaming control board investigative fund ................. 4,159,502 4,159,502
Public service commission of Nevada ................. 7,568,675 8,826,053 Administrative fines ............... 57,280 54,776
κ1995 Statutes of Nevada, Page 1408 (CHAPTER 447, SB 574)κ
Administrative fines ................... 57,280...................... 54,776
Colorado River commission .............. 1,612,009................. 2,061,226
Water treatment facility ............ 22,083,322.............. 30,691,050
Federal pumping and transmission facility .............. 45,467,017 47,874,421
Research and development ...... 575,217.................... 513,947
Fort Mohave Valley development fund .............. 16,932,671 2,027,506
Power marketing fund ............... 36,479,266.............. 41,987,197
State department of conservation and natural resources
Directors office .......................... 25,147...................... 25,261
Environmental protection administration ................. 1,638,479 1,798,603
Bureau of air quality ........ 1,937,919....... 2,292,026
Water and mining ............. 4,762,965....... 4,723,638
Waste management and federal facilities ....... 7,572,601 7,846,171
Environmental commission ............. 25,305 25,304
Division of state lands ............... 53,631...................... 54,518
Division of water resources ....... 61,551...................... 26,551
Water planning ........................... 6,095............................ 100
Water planning capital improvements .................... 114,874 71,007
Division of state parks ............... 2,529,147................. 2,550,845
Mining cooperative fund .......... 130,000.................... 129,795
Division of forestry .................... 564,682.................... 565,447
Forestry intergovernmental agreement ................. 3,479,250 3,515,667
Forestry honor camp ........ 482,037.................... 482,037
Forestry nurseries .............. 863,856.................... 888,948
Emergency response ........ 4,231,305................. 4,231,299
Heil wild horse bequest .............. 1,217,986................. 1,223,771
Nevada natural heritage ........... 243,246.................... 178,979
Division of conservation districts ............................ 250 250
Tahoe regional planning agency ...................... 33,333 33,333
Nevada Tahoe regional planning ...................... 10,000 10,000
Division of wildlife ..................... 14,310,415.............. 14,988,785
Boat program .................... 4,494,808................. 4,390,348
Trout management .......... 893,138.................... 886,689
Habitat mitigation ............ 928,564 1,176,103 Wildlife heritage ............. 637,643 1,315,286
κ1995 Statutes of Nevada, Page 1409 (CHAPTER 447, SB 574)κ
Wildlife heritage ................ 637,643................. 1,315,286
Obligated reserve .............. 1,720,466................. 1,720,466
Department of transportation ........... 351,621,912............ 399,824,029
Department of motor vehicles and public safety
Directors office .......................... 812............................ 836
Administrative services division ...................... 42,968 42,968
Hearings section ......................... 5,000......................... 5,000
Division of emergency management .................... 357,334 360,161
Emergency management federal grants .................... 991,821 959,742
Emergency management assistance program ................. 392,354.................... 392,354
Veterans affairs ......................... 319,547.................... 340,503
Veterans home .......................... 50,000.................... 100,000
Emergency response commission .................... 670,515 631,596
State fire marshal division ........ 470,541.................... 471,172
Hazardous materials training center ................. 1,021,503 843,255
Narcotics control ........................ 1,164,200................. 1,140,946
Record search program ............. 4,592,578................. 4,661,953
Drivers license ............................ 557,672.................... 564,911
Automation ................................. 158,154.................... 158,184
Investigations division ............... 10,000...................... 10,000
Highway patrol ........................... 1,079,923................. 1,148,822
Capitol police .............................. 1,051,508................. 1,066,688
ForfeituresLaw enforcement . 1,301,699................. 1,301,699
Hazardous materials ................. 11,856...................... 11,856
Motor vehicle pollution control ............................. ................. 9,327,455 10,227,148
Criminal history repository ....... 3,609,121................. 3,638,324
Salvage, wreckers and body shops regulation .................... 244,066 207,716
Peace officers standards and training ................. 1,025,130 952,275
Highway safety .......................... 457,996.................... 366,438
Bicycle safety program ............. 292,551.................... 145,983
Motorcycle safety program ...... 462,417.................... 517,726
Registration ................................. 6,893,674................. 7,100,484
Motor carrier ............................... 277,976.................... 286,315
Traffic safety
Federal grants ....... 1,105,538 800,620 Justice assistance act . 3,184,000 1,000,000
κ1995 Statutes of Nevada, Page 1410 (CHAPTER 447, SB 574)κ
Justice assistance act ................. 3,184,000................. 1,000,000
Division of parole and probation ................. 2,107,669 2,174,930
Verification of insurance .......... 3,549,570................. 3,641,058
Public employees retirement fund ... 3,127,457................. 3,160,781
State industrial insurance system ...... 510,127,389............ 606,360,712
Rehabilitation center ................. 4,398,796................. 4,415,378
Department of employment, training and rehabilitation
Directors office .......................... 1,010,421................. 1,031,191
Administrative services ............. 1,824,614................. 1,745,713
Information and development processing ................. 5,128,869 5,164,776
Employment security division . 27,732,148.............. 27,837,509
Employment security special fund ....... 5,554,517 5,666,624
Claimant employment fund ....... 7,589,924 7,959,591
State job training office ............ 15,875,541.............. 15,948,074
Rehabilitation division
Administration .................. 1,759,830................. 1,746,031
Vocational rehabilitation 7,551,550................. 7,646,601
Hearing device program .. 1,225,103................. 1,382,090
Services to the blind ......... 2,043,270................. 2,059,873
Blind business enterprise program ................. 3,037,241 3,613,311
Community-based services .................... 993,583 994,122
Alcoholism and drug rehabilitation ................. 7,036,613 6,928,447
Alcohol tax program ........ 640,000.................... 640,000
Bureau of disability adjudication ................. 5,308,757 5,830,455
Developmental disabilities .................... 421,065 420,809
Social security admin-vocational rehabilitation ......... 361,828.................... 306,698
Drug commission ........................ 46,809...................... 46,079
Office of equal rights ................. 579,732.................... 517,752
Community services .................. 463,910.................... 490,560
Professional and vocational boards
Board of accountancy .............. 587,566 533,511 Board of architecture ............. 613,914 556,038
κ1995 Statutes of Nevada, Page 1411 (CHAPTER 447, SB 574)κ
Board of architecture ................ 613,914.................... 556,038
Board of landscape architecture ...................... 67,830 67,830
Barbers health and sanitation board .................... 101,604 93,393
Board of chiropractic examiners .................... 214,265 221,036
Contractors board ..................... 3,474,147................. 3,607,054
Board of cosmetology ............... 976,656.................... 808,681
Board of dental examiners ....... 428,658.................... 393,632
Board of professional engineers and land surveyors ............... 866,359.................... 883,276
Board of funeral directors, embalmers and operators of cemeteries and crematories ............ 27,866...................... 27,866
Board of hearing aid specialists ...................... 37,494 34,244
Board of examiners for administrators of facilities for long-term care ...................... 55,371 64,888
Board for regulation of liquefied petroleum gas .................... 211,676 217,082
Board of examiners for audiology and speech pathology .............. 46,265...................... 36,540
Board of medical examiners .... 1,466,471................. 2,143,559
Board of examiners for marriage and family therapists ............... 62,409...................... 62,409
Board of nursing ......................... 1,727,523................. 1,660,851
Board of dispensing opticians .. 66,817...................... 66,817
Board of homeopathic medical examiners ...................... 15,338 10,352
Board of optometry ................... 225,223.................... 281,671
Board of osteopathic medicine ............................. .................... 182,000 165,800
Board of pharmacy ................... 1,142,977................. 1,108,351
Board of occupational therapy ...................... 76,497 88,049 Board of physical therapy examiners .......................... 89,635............... 89,635
κ1995 Statutes of Nevada, Page 1412 (CHAPTER 447, SB 574)κ
Board of physical therapy examiners ...................... 89,635 89,635
Board for registration of public health sanitarians ................................... 4,805......................... 3,625
Certified court reporters board of Nevada ...................... 56,544 75,821
Board of Oriental medicine ...... 32,674...................... 32,674
Board of podiatry ...................... 38,893...................... 39,893
Board of psychological examiners ...................... 73,764 104,214
Board of veterinary medical examiners .................... 264,089 270,209
Board of examiners for social workers .................... 141,423 146,403
Sec. 2. 1. Expenditure of $17,451,421 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1995, and ending June 30, 1996.
2. Expenditure of $17,904,427 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1996, and ending June 30, 1997.
Sec. 3. The money authorized to be expended by the provisions of sections 1 and 2 of this act, except the legislative fund and judicial agencies, must be expended in accordance with the allotment transfer, work-program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. 1. Except as otherwise provided in subsection 2 and limited by section 5 of this act, and in accordance with the provisions of NRS 353.220, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized in sections 1 and 2 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration of this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 and 2 of this act.
2. The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 of this act to the legislative fund for expenditure by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The director of the legislative counsel bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.
κ1995 Statutes of Nevada, Page 1413 (CHAPTER 447, SB 574)κ
legislative counsel bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 5. Except as otherwise provided in section 6 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the state general fund as well as by money received from other sources, the portion provided by appropriation from the state general fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 6. The University and Community College System of Nevada may expend, with the approval of the interim finance committee, any additional fees collected from the registration of students, resident or nonresident, in addition to the following amounts for the respective fiscal years:
1995-96 1996-97
University of Nevada, Reno ..... $16,099,079............ $17,401,382
University of Nevada, Las Vegas .............. 24,789,973 26,737,734
Community college of Southern Nevada ................. 5,998,044 6,906,860
Western Nevada community college ................. 1,484,856 1,664,862
Truckee Meadows community college ................. 3,103,366 3,498,038
Northern Nevada community college .................... 734,580 835,282
School of medical sciences ....... 1,461,137................. 1,502,090
Sec. 7. Whenever claims which are payable and properly approved exceed the amount of cash in the wildlife account in the state general fund, the state controller may, with the approval of the chief of the budget division of the department of administration, transfer temporarily from the state general fund to the wildlife account such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.
Sec. 8. The following amounts are authorized for expenditure from the University and Community College System of Nevada Endowment Fund in the accounts authorized in section 1 of this act:
1995-96 1996-97
Special projects account ........... $2,150,000.............. $2,150,000
University of Nevada, Reno ..... 100,000.................... 100,000
University of Nevada, Las Vegas .................... 100,000 100,00 Community college of Southern Nevada ............... 37,500 37,500
κ1995 Statutes of Nevada, Page 1414 (CHAPTER 447, SB 574)κ
Community college of Southern Nevada ...................... 37,500 37,500
Truckee Meadows community college ...................... 37,500 37,500
Western Nevada community college ...................... 37,500 37,500
Northern Nevada community college ...................... 37,500 37,500
Sec. 9. 1. The chief of the budget division of the department of administration shall assess each professional or licensing board at the beginning of each fiscal year for its proportional share of the total salary and operating costs of an employee of the budget division who is responsible for monitoring compliance by such boards with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive. Each boards share of the total costs must be equal to the percentage which the budget of each board represents of the total of all budgets of professional and vocational boards as approved by the legislature.
2. The assessments must be paid by September 1 of each year.
Sec. 10. The director of the department of administration shall annually prepare a statewide cost allocation plan distributing service agency indirect costs among the various agencies in accordance with the principles and procedures established by federal regulations and guidelines.
Sec. 11. 1. Except as otherwise provided in subsections 2 and 3, the state public defender shall collect not more than the following amounts from the counties for the use of his services:
For the fiscal For the fiscal
year ending year ending
June 30, 1996 June 30, 1997
Carson City ................................................. $311,245................................. $305,459
Clark County .............................................. 450,000................................... 450,000
Eureka County ........................................... 19,453...................................... 19,091
Humboldt County ..................................... 110,233................................... 108,183
Lincoln County .......................................... 19,453...................................... 19,091
Pershing County ......................................... 64,843...................................... 63,637
Storey County ............................................ 12,968...................................... 12,727
White Pine County .................................... 110,233................................... 108,183
Totals ..................................................... ....................... $1,098,428....................... $1,086,371
2. The state public defender may assess and collect, from the counties, their pro rata share of any salary increases or cost of living increases approved by the 1995 Legislature for employees of the state public defenders office for fiscal year 1995-96 and fiscal year 1996-97.
3. If any county chooses to contribute an additional amount, the state public defender may, with the approval of the interim finance committee, accept it and apply it to augment his services.
Sec. 12. In fiscal years 1995-1996 and 1996-1997, the state treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535 to be paid on fuel used in watercraft for recreational purposes equally between the divisions of wildlife and state parks in the state department of conservation and natural resources.
κ1995 Statutes of Nevada, Page 1415 (CHAPTER 447, SB 574)κ
365.535 to be paid on fuel used in watercraft for recreational purposes equally between the divisions of wildlife and state parks in the state department of conservation and natural resources.
Sec. 13. On and after July 1, 1995, money collected by the division of wildlife and designated by the division as an obligated sum in the wildlife account to be used only for the purposes specified by the law pertaining to the funds or by the donor of the funds shall be transferred to a separate account designated as the division of wildlifes obligated reserve account.
Sec. 14. NRS 679B.300 is hereby amended to read as follows:
679B.300 1. The insurance examination fund is hereby created as a special revenue fund. All money received by the commissioner pursuant to NRS 679B.290 must be deposited in the state treasury for credit to the fund.
2. Money for travel, per diem, compensation and other necessary and authorized expenses incurred by an examiner or other representative of the division [, or by the advocate for insurance customers,] in the examination of any person required to pay, and making payment of, the expense of examination pursuant to NRS 679B.290 [or 686B.420] must be paid out of the insurance examination fund as other claims against the state are paid.
Sec. 15. NRS 679B.400 is hereby amended to read as follows:
679B.400 1. The legislature finds and declares that:
(a) Stabilizing the cost of insurance is of vital concern to the residents of this state; and
(b) It is necessary to establish a comprehensive system to collect, analyze and distribute information concerning the cost of insurance in order to stabilize that cost effectively.
2. The purposes of NRS 679B.400 to 679B.460, inclusive, are to:
(a) Promote the public welfare by studying the relationship of premiums and related income of insurers to costs and expenses of insurers;
(b) Develop measures to stabilize prices for insurance while continuing to provide insurance of high quality to the residents of this state;
(c) Permit and encourage competition between insurers on a sound financial basis to the fullest extent possible;
(d) Establish a mechanism to ensure the provision of adequate insurance at reasonable rates to the residents of this state; and
(e) [In conjunction with the office of the advocate for insurance customers, protect] Protect the rights of customers of insurance in this state.
Sec. 16. NRS 679B.410 is hereby amended to read as follows:
679B.410 The commissioner shall:
1. Determine the relationship of premiums and related income of insurers to costs and expenses of insurers, provide this information to the legislature and make this information available to the general public.
2. Respond to requests by governmental agencies of this state and by the legislature for special studies and analysis of information collected pursuant to NRS 679B.400 to 679B.460, inclusive.
3. [Assist the advocate for insurance customers in carrying out the duties of his office.
4.] Report to each regular session of the legislature concerning his duties and findings pursuant to this section no later than February 1.
Sec. 17. NRS 686B.110 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 1416 (CHAPTER 447, SB 574)κ
686B.110 1. The commissioner shall consider each proposed increase in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to NRS 686B.070. If the commissioner finds that the proposed increase will result in a rate which is not in compliance with NRS 686B.050, he shall disapprove the proposal. The commissioner shall approve or disapprove each proposal no later than 60 days after it is filed with him . [, unless additional time is required to allow the intervention or participation of the advocate for insurance customers. In no event may this period of review be extended more than 60 additional days.]
2. Whenever an insurer has no legally effective rates as a result of the commissioners disapproval of rates or other act, the commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.
3. If the commissioner disapproves a proposed rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.175, inclusive. Any such hearing may be held before the date the rates are intended to become effective.
Sec. 18. NRS 232.815, 232.830, 232.835, 686B.075, 686B.400, 686B.410 and 686B.420 are hereby repealed.
Sec. 19. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 152Assemblymen Schneider, Carpenter, Buckley, Steel, Sandoval, Bennett, Monaghan, Ohrenschall, Segerblom, Spitler, Humke, Giunchigliani, Stroth, de Braga, Ernaut, Anderson, Dini, Manendo, Hettrick, Goldwater, Harrington, Freeman, Batten, Perkins and Bache
CHAPTER 448
AN ACT relating to real property; requiring the arbitration or mediation of certain claims relating to residential property; amending the Uniform Common-Interest Ownership Act to allow a declarant to furnish a bond in lieu of placing certain deposits made in connection with the purchase or reservation of a unit into escrow; and providing other matters properly relating thereto.
[Approved June 30, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 38 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires:
κ1995 Statutes of Nevada, Page 1417 (CHAPTER 448, AB 152)κ
1. Assessments means:
(a) Any charge which an association may impose against an owner of residential property pursuant to a declaration of covenants, conditions and restrictions, including any late charges, interest and costs of collecting the charges; and
(b) Any fines, fees and other charges which may be imposed by an association pursuant to paragraphs (j), (k) and (l) of subsection 1 of NRS 116.3102.
2. Association has the meaning ascribed to it in NRS 116.110315.
3. Civil action includes an action for money damages or equitable relief. The term does not include an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property.
4. Division means the real estate division of the department of business and industry.
5. Residential property includes, but is not limited to, real estate within a planned community subject to the provisions of chapter 116 of NRS. The term does not include commercial property if no portion thereof contains property which is used for residential purposes.
Sec. 3. 1. No civil action based upon a claim relating to:
(a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or
(b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property,
may be commenced in any court in this state unless the action has been submitted to arbitration pursuant to the provisions of sections 2 to 8, inclusive, of this act and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted.
2. A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.
Sec. 4. 1. Any civil action described in section 3 of this act must be submitted for mediation or arbitration by filing a written claim with the division. The claim must include:
(a) The complete names, addresses and telephone numbers of all parties to the claim;
(b) A specific statement of the nature of the claim;
(c) A statement of whether the person wishes to have the claim submitted to a mediator or to an arbitrator. If the person wishes to have the claim submitted to an arbitrator, whether he agrees to binding arbitration; and
(d) Such other information as the division may require.
2. The written claim must be accompanied by a reasonable fee as determined by the division.
3. Upon the filing of the written claim, the claimant shall serve a copy of the claim in the manner prescribed in Rule 4 of the Nevada Rules of Civil Procedure for the service of a summons and complaint. The claim so served must be accompanied by a statement explaining the procedures for mediation and arbitration set forth in sections 2 to 8, inclusive, of this act.
κ1995 Statutes of Nevada, Page 1418 (CHAPTER 448, AB 152)κ
must be accompanied by a statement explaining the procedures for mediation and arbitration set forth in sections 2 to 8, inclusive, of this act.
4. Upon being served pursuant to subsection 3, the person upon whom a copy of the written claim was served shall, within 30 days after the date of service, file a written answer with the division. The answer must be accompanied by a reasonable fee as determined by the division.
Sec. 5. 1. If all parties named in a written claim filed pursuant to section 4 of this act agree to have the claim submitted for mediation, the parties shall reduce the agreement to writing and shall select a mediator from the list of mediators maintained by the division pursuant to section 6 of this act. Any mediator selected must be available within the geographic area. If the parties fail to agree upon a mediator, the division shall appoint a mediator from the list of mediators maintained by the division. Any mediator appointed must be available within the geographic area. Unless otherwise provided by an agreement of the parties, mediation must be completed within 90 days after the parties agree to mediation. Any agreement obtained through mediation conducted pursuant to this section must, within 30 days after the conclusion of mediation, be reduced to writing by the mediator and a copy thereof provided to each party. The agreement may be enforced as any other written agreement. The parties are responsible for all costs of mediation conducted pursuant to this section.
2. If all the parties named in the claim do not agree to mediation, the parties shall select an arbitrator from the list of arbitrators maintained by the division pursuant to section 6 of this act. Any arbitrator selected must be available within the geographic area. If the parties fail to agree upon an arbitrator, the division shall appoint an arbitrator from the list maintained by the division. Any arbitrator appointed must be available within the geographic area. Upon appointing an arbitrator, the division shall provide the name of the arbitrator to each party.
3. Except as otherwise provided in this section and except where inconsistent with the provisions of sections 2 to 8, inclusive, of this act, the arbitration of a claim pursuant to this section must be conducted in accordance with the provisions of NRS 38.075 to 38.105, inclusive, 38.115 to 38.135, inclusive, 38.155 and 38.165. An award must be made within 90 days after the conclusion of arbitration, unless a shorter period is agreed upon by the parties to the arbitration.
4. If all the parties have agreed to nonbinding arbitration, any party to the arbitration may, within 30 days after a decision and award have been served upon the parties, commence a civil action in the proper court concerning the claim which was submitted for arbitration. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been arbitrated pursuant to the provisions of sections 2 to 8, inclusive, of this act. If such an action is not commenced within that period, any party to the arbitration may, within 1 year after the service of the award, apply to the proper court for a confirmation of the award pursuant to NRS 38.135.
5. If all the parties agree in writing to binding arbitration, the arbitration must be conducted in accordance with the provisions of chapter 38 of NRS. An award procured pursuant to such arbitration may be vacated and a rehearing granted upon application of a party pursuant to the provisions of NRS 38.145.
κ1995 Statutes of Nevada, Page 1419 (CHAPTER 448, AB 152)κ
rehearing granted upon application of a party pursuant to the provisions of NRS 38.145.
6. If after the conclusion of arbitration a party:
(a) Applies to have an award vacated and a rehearing granted pursuant to NRS 38.145; or
(b) Commences a civil action based upon any claim which was the subject of arbitration,
the party shall, if he fails to obtain a more favorable award or judgment than that which was obtained in the initial arbitration, pay all costs and reasonable attorneys fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed.
7. Upon request by a party, the division shall provide a statement to the party indicating the amount of the fees for a mediator or an arbitrator selected or appointed pursuant to this section.
8. As used in this section, geographic area means an area within 150 miles from any residential property or association which is the subject of a written claim submitted pursuant to section 4 of this act.
Sec. 6. For the purposes of sections 2 to 8, inclusive, of this act, the division shall establish and maintain:
1. A list of mediators and arbitrators who are available for mediation and arbitration of claims. The list must include mediators and arbitrators who, as determined by the division, have received training and experience in mediation or arbitration and in the resolution of disputes concerning associations, including, without limitation, the interpretation, application and enforcement of covenants, conditions and restrictions pertaining to residential property and the articles of incorporation, bylaws, rules and regulations of an association. In establishing and maintaining the list, the division may use lists of qualified persons maintained by any organization which provides mediation or arbitration services. Before including a mediator or arbitrator on a list established and maintained pursuant to this section, the division may require the mediator or arbitrator to present proof satisfactory to the division that he has received the training and experience required for mediators or arbitrators pursuant to this section.
2. A document which contains a written explanation of the procedures for mediating and arbitrating claims pursuant to sections 2 to 8, inclusive, of this act.
Sec. 7. Any statute of limitations applicable to a claim described in section 3 of this act is tolled from the time the claim is submitted for mediation or arbitration pursuant to section 4 of this act until the conclusion of mediation or arbitration of the claim and the period for vacating the award has expired.
Sec. 8. 1. The division shall administer the provisions of sections 2 to 8, inclusive, of this act and may adopt such regulations as are necessary to carry out those provisions.
2. All fees collected by the division pursuant to the provisions of sections 2 to 8, inclusive, of this act must be accounted for separately and may only be used by the division to administer the provisions of sections 2 to 8, inclusive, of this act.
Sec. 9. NRS 38.250 is hereby amended to read as follows:
38.250 Except as otherwise provided in section 3 of this act:
κ1995 Statutes of Nevada, Page 1420 (CHAPTER 448, AB 152)κ
1. All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $25,000 must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.253, 38.255 and 38.258.
2. A civil action for damages filed in justices court may be submitted to arbitration if the parties agree, orally or in writing, to the submission.
Sec. 10. NRS 116.4110 is hereby amended to read as follows:
116.4110 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, a deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 must be placed in escrow and held either in this state or in the state where the unit is located in an account designated solely for that purpose by a licensed title insurance company, an independent bonded escrow company, or an institution whose accounts are insured by a governmental agency or instrumentality until:
(a) Delivered to the declarant at closing;
(b) Delivered to the declarant because of the purchasers default under a contract to purchase the unit;
(c) Released to the declarant for an additional item, improvement, optional item or alteration, but the amount so released:
(1) Must not exceed the lesser of the amount due the declarant from the purchaser at the time of the release or the amount expended by the declarant for the purpose; and
(2) Must be credited upon the purchase price; or
(d) Refunded to the purchaser.
2. A deposit or advance payment made for an additional item, improvement, optional item or alteration may be deposited in escrow or delivered directly to the declarant, as the parties may contract.
3. In lieu of placing a deposit in escrow pursuant to subsection 1, the declarant may furnish a bond executed by him as principal and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the performance of the declarants duties concerning the purchase or reservation of a unit. Each bond must be in a principal sum equal to the amount of the deposit. The bond must be held until:
(a) Delivered to the declarant at closing;
(b) Delivered to the declarant because of the purchasers default under a contract to purchase the unit; or
(c) Released to the declarant for an additional item, improvement, optional item or alteration, but the amount so released must not exceed the amount due the declarant from the purchaser at the time of the release or the amount expended by the declarant for that purpose, whichever is less.
Sec. 11. This act becomes effective on January 1, 1996.
________
κ1995 Statutes of Nevada, Page 1421κ
Senate Bill No. 572Committee on Taxation
CHAPTER 449
AN ACT relating to state financial administration; clarifying the provisions concerning the payment of the insurance premium tax for the 1995 calendar year; and providing other matters properly relating thereto.
[Approved June 30, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 10 of Senate Bill No. 271 of this session is hereby repealed.
Sec. 2. Notwithstanding the provisions of subsection 2 of section 2 of Senate Bill No. 271 of this session and NRS 360.2935, the executive director of the department of taxation shall, on or before July 31, 1995, refund any payments of the tax imposed by NRS 680B.027 in excess of the quarterly payments due for the period from January 1, 1995, through June 30, 1995, that were made as a result of the provisions of Senate Bill No. 122 or Senate Bill No. 271 of this session, without the payment of interest on the money refunded.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Senate Bill No. 217Committee on Finance
CHAPTER 450
AN ACT making an appropriation to the department of prisons for expenses related to the Stewart conservation camp; and providing other matters properly relating thereto.
[Approved June 30, 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 $85,605 for expenses related to the Stewart conservation camp.
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 1422κ
Senate Bill No. 198Committee on Finance
CHAPTER 451
AN ACT making an appropriation to the department of prisons for new and replacement equipment, computer software and vehicles; and providing other matters properly relating thereto.
[Approved June 30, 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 $2,557,834 for new and replacement equipment, computer hardware and software and new and replacement vehicles to be allocated as follows:
Southern Nevada Correctional Center....................................... $101,556
Nevada Womens Correctional Center......................................... $50,984
Northern Nevada Correctional Center........................................ $137,800
Nevada State Prison....................................................................... $135,043
Southern Desert Correctional Center.......................................... $329,583
Ely State Prison............................................................................... $191,865
Northern Nevada Restitution Center............................................. $46,278
Southern Nevada Restitution Center............................................... $5,533
Stewart Conservation Camp.......................................................... $22,855
Pioche Conservation Camp............................................................ $25,212
Indian Springs Conservation Camp.............................................. $19,612
Wells Conservation Camp.............................................................. $31,851
Humboldt Conservation Camp..................................................... $31,487
Ely Conservation Camp.................................................................. $42,916
Jean Conservation Camp................................................................ $11,594
Silver Springs Conservation Camp.................................................. $3,212
Carlin Conservation Camp............................................................. $42,077
Tonopah Conservation Camp.......................................................... $6,308
Camp Administration...................................................................... $43,091
Medical Division............................................................................... $72,371
Inmate Transportation.................................................................. $462,055
Fiscal and Accounting Division........................................................ $7,443
Procurement/Plant Operations....................................................... $92,549
Inspector General.............................................................................. $18,512
Information Services..................................................................... $610,385
Training Division............................................................................... $15,662
Sec. 2. The sums appropriated by section 1 of this act may be transferred among the various facilities, officers and divisions of the department of prisons with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 3. 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 1423 (CHAPTER 451, SB 198)κ
reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Assembly Bill No. 310Assemblymen Goldwater, Evans, Buckley, Manendo, Ohrenschall, Sandoval, de Braga, Bennett, Nolan, Krenzer, Steel, Brower, Carpenter, Schneider, Monaghan, Batten, Anderson, Segerblom, Neighbors, Fettic, Braunlin, Perkins, Bache, Giunchigliani, Freeman, Spitler and Williams
CHAPTER 452
AN ACT making an appropriation to the aging services division of the department of human resources for the production, publication and distribution of a pamphlet of transportation services for aged and disabled persons; and providing other matters properly relating thereto.
[Approved June 30, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The aging services division of the department of human resources shall produce, publish and distribute a pamphlet that lists all public and private transportation services for aged and disabled persons.
2. The pamphlet may include separate lists for each county in this state and each list must include the following information for each provider of such services:
(a) Its name;
(b) Its address;
(c) Its telephone number;
(d) The person whom aged and disabled persons may contact for further information;
(e) A general description of its services;
(f) Whether it is supported by public or private money and the primary source of its financial support;
(g) Whether it is operated for profit or not for profit;
(h) The number of years it has been in operation;
(i) The geographic area it serves;
(j) A general description of the clientele it serves;
(k) The types of vehicles it uses to provide services; and
(l) A schedule of the fares charged for its services.
Sec. 2. There is hereby appropriated from the state general fund to the aging services division of the department of human resources for the purpose of producing, publishing and distributing the pamphlet required pursuant to section 1 of this act:
For the fiscal year 1995-96............................................................... $7,000
For the fiscal year 1996-97............................................................... $7,000
κ1995 Statutes of Nevada, Page 1424 (CHAPTER 452, AB 310)κ
Sec. 3. Any balance of the sums appropriated by section 2 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
________
Assembly Bill No. 385Assemblymen Close, Steel, Sandoval, Humke, Lambert, Batten, Bennett, Spitler, Tiffany, Marvel, Fettic, Anderson, Manendo, Monaghan and Nolan
CHAPTER 453
AN ACT relating to activities of a criminal nature; providing an additional penalty for felonies committed on school property; making various changes relating to criminal gangs to provisions governing education, forfeiture and parole; and providing other matters properly relating thereto.
[Approved June 30, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.161 is hereby amended to read as follows:
193.161 1. Except as otherwise provided in NRS 193.169, any person who commits a felony on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus is engaged in its official duties shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime.
2. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. For the purposes of this section, school bus has the meaning ascribed to it in NRS 483.160.
Sec. 2. NRS 179.121 is hereby amended to read as follows:
179.121 1. All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in [the] :
(a) The commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, invasion of the home, grand larceny or pandering [, or a] ;
(b) The commission of any crime by a criminal gang, as defined in section 3 of this act; or
(c) A violation of NRS 200.465, 202.265, 202.287 or 465.070 to 465.085, inclusive,
is subject to forfeiture.
2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:
κ1995 Statutes of Nevada, Page 1425 (CHAPTER 453, AB 385)κ
or a violation of NRS 202.287 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:
(a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or [such] violation;
(b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge, consent or willful blindness; and
(c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.
Sec. 3. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board may, as a condition of releasing a prisoner on parole, prohibit the prisoner from associating with the members of a criminal gang.
2. As used in this section, criminal gang means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:
(a) Has a common name or identifying symbol;
(b) Has particular conduct, status and customs indicative of it; and
(c) Has as one of its common activities engaging in criminal activity punishable as a felony.
Sec. 4. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive, section 5 of Senate Bill No. 61 of this session , [and] sections 7 to 10, inclusive, of [this act,] Senate Bill No. 192 of this session and section 3 of this act, unless the context otherwise requires:
1. Board means the state board of parole commissioners.
2. Chief means the chief parole and probation officer.
3. Division means the division of parole and probation of the department of motor vehicles and public safety.
4. Residential confinement means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. Sex offender means any person who has been or is convicted of a sexual offense.
6. Sexual offense means:
(a) A violation of NRS 200.366, subsection 3 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to section 3 of [this act.]
κ1995 Statutes of Nevada, Page 1426 (CHAPTER 453, AB 385)κ
act is determined to be sexually motivated at a hearing conducted pursuant to section 3 of [this act.] Senate Bill No. 192 of this session.
7. Standards means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.
Sec. 5. NRS 388.532 is hereby amended to read as follows:
388.532 1. The state board in cooperation with the board of trustees of the various county school districts shall develop for pupils in the first through eighth grades:
[1.] (a) Programs designated to reduce the number of pupils who drop out of school; and
[2.] (b) Programs for the prevention of the abuse of alcohol and controlled substances.
2. The state board in cooperation with the board of trustees of the various county school districts may seek the cooperation of private industry in developing for pupils in all grades programs and activities designed to reduce the number of pupils who participate in the activities of criminal gangs, as defined in section 3 of this act.
Sec. 6. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of each school district may establish a policy that prohibits the activities of criminal gangs on school property. The policy may prohibit:
(a) A pupil from wearing any clothing or carrying any symbol on school property that denotes membership in or an affiliation with a criminal gang; and
(b) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang.
2. Each policy that prohibits the activities of criminal gangs on school property may provide for the suspension or expulsion of pupils who violate the policy.
3. As used in this section, criminal gang has the meaning ascribed to it in section 3 of this act.
Sec. 7. The amendatory provisions of sections 1 and 2 of this act do not apply to offenses that are committed before October 1, 1995.
Sec. 8. Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1995.
________
κ1995 Statutes of Nevada, Page 1427κ
Senate Bill No. 547Committee on Taxation
CHAPTER 454
AN ACT relating to the state welfare administration; repealing the tax on hospitals; establishing the manner in which certain hospitals may receive additional compensation for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.380 is hereby amended to read as follows:
422.380 As used in NRS 422.380 to 422.390, inclusive, unless the context otherwise requires:
1. [Billed charge means the total amount charged by a hospital for medical care provided, regardless of the anticipated amount of net revenue to be received or the anticipated source of payment.
2.] Hospital has the meaning ascribed to it in NRS 439B.110 [.
3.] and includes public and private hospitals.
2. Medicaid has the meaning ascribed to it in NRS 439B.120.
[4. Medicare has the meaning ascribed to in NRS 439B.130.]
3. Public hospital means:
(a) A hospital owned by a state or local government, including, without limitation, a hospital district; or
(b) A hospital that is supported in whole or in part by tax revenue, other than tax revenue received for medical care which is provided to Medicaid patients, indigent patients or other low-income patients.
Sec. 2. NRS 422.382 is hereby amended to read as follows:
422.382 1. [A county whose population is 400,000 or more shall enter into an agreement with the department pursuant to which, in exchange for the payment of a specified amount, the department agrees to pay for the provision of medical treatment for indigent inpatients and outpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more.
2. A county whose population is 100,000 or more but less than 400,000 shall enter into an agreement with the department pursuant to which, in exchange for the payment of a specified amount, the department agrees to pay for the provision of medical treatment for indigent inpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more.
3. A county whose population is less than 100,000 may enter into an agreement with the department pursuant to which, in exchange for the payment of a specified amount, the department agrees to pay for the provision of medical treatment for indigent inpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more.
4. The amount paid by the county pursuant to an agreement with the department pursuant to subsection 1, 2 or 3 must not exceed the maximum amount authorized by the legislature.
κ1995 Statutes of Nevada, Page 1428 (CHAPTER 454, SB 547)κ
5. Payment of the amount required pursuant to an agreement with the department pursuant to subsection 1 discharges the duty and releases the liability of the county to provide medical treatment for indigent inpatients and outpatients who are treated in general hospitals which are located in counties whose population is 100,000 or more.
6. Payment of] In a county within which:
(a) A public hospital is located, the state or local government or other entity responsible for the public hospital shall transfer an amount equal to 75 percent of the amount of the payment made to the public hospital pursuant to NRS 422.387 less $50,000 to the department.
(b) A private hospital which receives a payment pursuant to NRS 422.387 is located, the county shall transfer an amount established by the legislature to the department.
2. A county that transfers the amount required pursuant to [an agreement with the department pursuant to subsection 2 or 3 discharges] paragraph (b) of subsection 1 to the department is discharged of the duty and [releases the liability of the county to provide] is released from liability for providing medical treatment for indigent inpatients who are treated in [general hospitals which are located in counties whose population is 100,000 or more.] the hospital in the county that receives a payment pursuant to paragraph (b) of subsection 2 of NRS 422.387.
3. Any money collected pursuant to subsection 1, including any interest or penalties imposed for a delinquent payment, must be deposited in the state treasury for credit to the intergovernmental transfer account in the state general fund to be administered by the department.
4. The interest and income earned on money in the intergovernmental transfer account, after deducting any applicable charges, must be credited to the account.
Sec. 3. NRS 422.385 is hereby amended to read as follows:
422.385 1. The allocations and payments required pursuant to NRS 422.387 must be made, to the extent allowed by the state plan for assistance to the medically indigent, from the Medicaid budget account.
2. The money in the [hospital tax and] intergovernmental transfer account must be transferred from that account to the Medicaid budget account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount [generated by the tax imposed pursuant to NRS 422.383, including the amount contributed by the Federal Government to match that money,] in the account exceeds the amount authorized for expenditure by the department for the purposes specified in NRS 422.387, the department is authorized to expend the additional revenue in accordance with the provisions of the state plan for assistance to the medically indigent.
Sec. 4. NRS 422.387 is hereby amended to read as follows:
422.387 1. Before making the payments required or authorized by this section, the department shall allocate money for the administrative costs necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive. The amount allocated for administrative costs must not exceed the amount authorized for expenditure by the legislature for this purpose in a fiscal year.
κ1995 Statutes of Nevada, Page 1429 (CHAPTER 454, SB 547)κ
The interim finance committee may adjust the amount allowed for administrative costs.
2. The state plan for assistance to the medically indigent must provide [for] :
(a) For the payment of the maximum amount allowable under federal law and regulations [as of July 1, 1993,] after making a payment, if any, pursuant to paragraph (b), to public hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients, unless such payments are subsequently limited by federal law or regulation.
(b) For a payment in an amount approved by the legislature to the private hospital that provides the largest volume of medical care to Medicaid patients, indigent patients or other low-income patients in a county that does not have a public hospital.
The plan must be consistent with the provisions of NRS 422.380 to 422.390, inclusive, and Title XIX of the Social Security Act (42 U.S.C. §§ 1396, et seq.), and the regulations adopted pursuant to those provisions.
3. The department may amend the state plan for assistance to the medically indigent to modify the methodology for establishing the rates of payment to public hospitals for inpatient services, except that such amendments must not reduce the total reimbursements to public hospitals for such services.
Sec. 5. NRS 422.390 is hereby amended to read as follows:
422.390 1. The department, through the welfare division, shall adopt regulations concerning:
(a) Procedures for the [collection of the taxes imposed] transfer to the department of the amount required pursuant to NRS [422.383 and 422.389.] 422.382.
(b) Provisions for the payment of a penalty and interest for a delinquent [payments of the taxes.] transfer.
(c) Provisions for the payment of interest by the department for late reimbursements to hospitals or other providers of medical care.
2. The department shall report to the interim finance committee quarterly concerning the provisions of NRS 422.380 to 422.390, inclusive.
Sec. 6. NRS 428.090 is hereby amended to read as follows:
428.090 1. When [any] a nonresident or any other person who meets the uniform standards of eligibility prescribed by the board of county commissioners or by NRS 439B.310, if applicable, falls sick in the county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of money which may be lawfully appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.
2. If the sick person dies, the board of county commissioners shall give or order to be given to the person a decent burial or cremation.
3. Except as otherwise provided in NRS 422.382, the board of county commissioners shall make such allowance for the persons board, nursing, medical aid, burial or cremation as the board deems just and equitable, and order it paid out of the county treasury.
κ1995 Statutes of Nevada, Page 1430 (CHAPTER 454, SB 547)κ
medical aid, burial or cremation as the board deems just and equitable, and order it paid out of the county treasury.
4. The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section is relieved to the extent provided in NRS 422.382 and to the extent of the amount of money or the value of services provided by:
(a) The welfare division of the department of human resources to or for such persons for medical care or any type of remedial care under the state plan for assistance to the medically indigent; and
(b) [An agreement pursuant to NRS 422.382; and
(c)] The fund for hospital care to indigent persons under the provisions of NRS 428.115 to 428.255, inclusive.
Sec. 7. Section 27 of chapter 477, Statutes of Nevada 1993, at page 1977, is hereby amended to read as follows:
Sec. 27. 1. This act becomes effective on July 1, 1993.
2. Sections [1] 8 and 12 to 19, inclusive, of this act, expire by limitation on:
(a) The date on which federal law, regulation or policy causes the department of human resources to be unable to pay hospitals for the treatment of a disproportionate share of indigent patients and other low-income patients at least:
(1) For July 1, 1993, to June 30, 1994, $65,000,000; and
(2) For July 1, 1994, to June 30, 1995, $70,000,000; or
(b) July 1, 1995,
whichever occurs earlier.
Sec. 8. The state plan for assistance to the medically indigent must allocate $4,800,000 for the fiscal year 1995-1996 and $4,800,000 for the fiscal year 1996-1997 for distribution to the private hospitals, if any, that qualify for a payment pursuant to NRS 422.387.
Sec. 9. If a private hospital receives a payment pursuant to NRS 422.387, the county within which the hospital is located shall transfer $1,550,000 to the department of human resources for the fiscal year 1995-1996 and $1,550,000 for the fiscal year 1996-1997.
Sec. 10. NRS 422.381 and 422.383 are hereby repealed.
Sec. 11. 1. This section and sections 1 to 4, inclusive, and 7, 8 and 9 of this act become effective on July 1, 1995.
2. Sections 5, 6 and 10 of this act become effective at 12:01 a.m. on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 1431κ
Assembly Bill No. 624Committee on Judiciary
CHAPTER 455
AN ACT relating to deadly weapons; defining deadly weapon for the purpose of the imposition of an additional penalty for the use of such a weapon in the commission of a crime; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.165 is hereby amended to read as follows:
193.165 1. Except as otherwise provided in NRS 193.169, any person who uses a firearm or other deadly weapon or a weapon containing or capable of emitting tear gas, whether or not its possession is permitted by NRS 202.375, in the commission of a crime shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.
2. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. The provisions of subsections 1 and 2 do not apply where the use of a firearm, other deadly weapon or tear gas is a necessary element of such crime.
4. The court shall not grant probation to or suspend the sentence of any person who is convicted of using a firearm, other deadly weapon or tear gas in the commission of any of the following crimes:
(a) Murder;
(b) Kidnaping in the first degree;
(c) Sexual assault; or
(d) Robbery.
5. As used in this section, deadly weapon means:
(a) Any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death;
(b) Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death; or
(c) A dangerous or deadly weapon specifically described in NRS 202.255, 202.265, 202.290, 202.320 or 202.350.
Sec. 2. The amendatory provisions of this act do not apply to a crime committed before October 1, 1995.
________
κ1995 Statutes of Nevada, Page 1432κ
Senate Bill No. 18Senator Rhoads
CHAPTER 456
AN ACT relating to grazing lands; requiring the Board of Regents of the University of Nevada to cause to be conducted a study of the rates charged for leasing grazing rights on private property; making an appropriation; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Board of Regents of the University of Nevada shall cause to be conducted a study of the rates charged for leasing grazing rights on private property in Nevada. The study must include:
(a) The number of leases for grazing rights on private property in Nevada;
(b) The rates charged for those grazing rights;
(c) The terms of each lease;
(d) The acreage of private property so leased;
(e) The number of head of livestock grazing on private property pursuant to each lease; and
(f) Any other information which is necessary to compile an accurate survey of the rates charged for leasing grazing rights on private property in Nevada.
2. To the extent possible, the study must be conducted in coordination with appropriate agencies in other states to compile the necessary data for the study.
3. The study required by this section must be conducted in such a manner as to preserve the confidentiality of any person from whom information is obtained unless the person consents to the disclosure of his identity.
4. The Board of Regents of the University of Nevada shall report the results of the study and any recommended legislation to the Director of the Legislative Counsel Bureau on or before January 1, 1997, for distribution to the 69th session of the Nevada Legislature.
Sec. 2. 1. There is hereby appropriated from the state general fund to the Board of Regents of the University of Nevada for the department of agricultural economics of the Max C. Fleischmann College of Agriculture of the University of Nevada, Reno, the sum of $26,370 to conduct the study 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.
Sec. 3. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 1433κ
Senate Bill No. 36Committee on Judiciary
CHAPTER 457
AN ACT relating to controlled substances; requiring the board of pharmacy and the investigation division of the department of motor vehicles and public safety to develop a computerized program to track prescriptions for certain controlled substances that are filled by pharmacies; limiting the boards authority to impose an additional fee to cover the costs of the program; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board and the division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy. The program must:
(a) Be designed to provide information regarding the inappropriate use of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies in order to prevent the improper or illegal use of such controlled substances.
(b) Be administered by the board, the division, the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the board and the division.
(c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.
2. The board and division must have access to the program established pursuant to subsection 1 for the purpose of identifying any suspected fraudulent or illegal activity related to the dispensing of controlled substances.
3. The board and division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.
4. Information obtained from the program is confidential and, except as otherwise provided by this section, must not be disclosed to any person. Information obtained from the program must be disclosed:
(a) Upon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or
(b) Upon the lawful order of a court of competent jurisdiction.
5. The board and the division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.
κ1995 Statutes of Nevada, Page 1434 (CHAPTER 457, SB 36)κ
Sec. 2. NRS 453.153 is hereby amended to read as follows:
453.153 The board and division shall cooperate with each other in effectuating the purposes of NRS 453.011 to 453.552, inclusive [.] , and section 1 of this act.
Sec. 3. NRS 453.221 is hereby amended to read as follows:
453.221 1. The board may adopt regulations and charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within the state.
2. The board may charge an additional fee for dispensing controlled substances included in schedules I to V, inclusive, to cover the cost of developing and maintaining the computerized program developed pursuant to section 1 of this act. The amount of the fee must be:
(a) Set so that the aggregate amount received from the fee does not exceed the estimated costs of developing and maintaining the program.
(b) Approved by the legislature, if it is in regular session, or the interim finance committee, if the legislature is not in regular session.
Sec. 4. Section 27 of Senate Bill No. 385 of this session is hereby amended to read as follows:
Sec. 27. NRS 453.221 is hereby amended to read as follows:
453.221 1. The board may adopt regulations and charge reasonable fees relating to the registration and control of the [manufacture, distribution and] dispensing of controlled substances within this state.
2. The board may charge an additional fee for dispensing controlled substances included in schedules I to V, inclusive, to cover the cost of developing and maintaining the computerized program developed pursuant to section 1 of this act. The amount of the fee must be:
(a) Set so that the aggregate amount received from the fee does not exceed the estimated costs of developing and maintaining the program.
(b) Approved by the legislature, if it is in regular session, or the interim finance committee, if the legislature is not in regular session.
Sec. 5. The program developed pursuant to section 1 of this act must be operational not later than January 1, 1996.
Sec. 6. 1. This section and sections 1, 2 and 5 become effective on October 1, 1995.
2. Sections 3 and 4 of this act become effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 1435κ
Senate Bill No. 78Committee on Finance
CHAPTER 458
AN ACT making an appropriation to the department of education for the training of school administrators; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of education for a grant to the Nevada Project of Leadership in Education Administration Development for the training of school administrators in Nevada:
For the fiscal year 1995-96............................................................. $80,000
For the fiscal year 1996-97............................................................. $80,000
Sec. 2. Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on July 1, 1995.
________
Senate Bill No. 144Committee on Taxation
CHAPTER 459
AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption for the gross receipts from the sale, storage, use or other consumption of tangible personal property sold by or to a nonprofit organization created for religious, charitable or educational purposes; contingently providing the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. At the general election on November 5, 1996, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:
κ1995 Statutes of Nevada, Page 1436 (CHAPTER 459, SB 144)κ
Notice is hereby given that at the general election on November 5, 1996, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto. approved March 29, 1955, as amended.
THE PEOPLE OF THE STATE OF NEVADA, DO ENACT AS FOLLOWS:
Section 1. Section 50 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 771, is hereby amended to read as follows:
Sec. 50. There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of any tangible personal property to:
[(a)] 1. The United States, its unincorporated agencies and instrumentalities.
[(b)] 2. Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.
[(c)] 3. The State of Nevada, its unincorporated agencies and instrumentalities.
[(d)] 4. Any county, city, district [,] or other political subdivision of this state.
[(e) Any organization created for religious, charitable or eleemosynary purposes, provided that no part of the net earnings of any such organization inures to the benefit of any private shareholder or individual.]
Sec. 2. The above entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 50.1, immediately following section 50, to read as follows:
Sec. 50.1. There are exempted from the taxes imposed by this act the gross receipts from the sale of, and the storage, use or other consumption in this state of, any tangible personal property sold by or to a nonprofit organization created for religious, charitable or educational purposes. The legislature shall establish:
1. Standards for determining whether an organization is created for religious, charitable or educational purposes.
2. Procedures for administering the provisions of this section.
Sec. 3. This act becomes effective on January 1, 1997.
Sec. 4. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the sales and use tax for items sold by a nonprofit organization created for religious, charitable or educational purposes based on standards adopted by the legislature?
κ1995 Statutes of Nevada, Page 1437 (CHAPTER 459, SB 144)κ
organization created for religious, charitable or educational purposes based on standards adopted by the legislature?
Yes o No o
Sec. 5. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
(Explanation of Question)
The proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this act the gross receipts from the sale, storage, use or other consumption of tangible personal property sold by or to a nonprofit organization created for religious, charitable or educational purposes as determined pursuant to standards adopted by the legislature. If this proposal is adopted, the legislature has provided the standards for determining whether an organization is created for religious, charitable or educational purposes and has further provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same exemption.
Sec. 6. If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 1997. If less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted by a majority of those registered voters.
Sec. 9. Chapter 372 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.
Sec. 10. 1. For the purposes of section 50.1 of the Sales and Use Tax Act of 1955, being chapter 397, Statutes of Nevada 1955, an organization is created for religious, charitable or educational purposes if it complies with the provisions of this section.
2. An organization is created for religious purposes if:
(a) It complies with the requirements set forth in subsection 5; and
(b) The sole or primary purpose of the organization is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted. Such an organization includes, without limitation, an integrated auxiliary or affiliate of the organization, mens, womens or youth groups established by the organization, a school or mission society operated by the organization, an organization of local units of a church and a convention or association of churches.
3. An organization is created for charitable purposes if:
κ1995 Statutes of Nevada, Page 1438 (CHAPTER 459, SB 144)κ
(a) It complies with the requirements set forth in subsection 5;
(b) The sole or primary purpose of the organization is to:
(1) Advance a public purpose, donate or render gratuitously or at a reduced rate a substantial portion of its services to the persons who are the subjects of its charitable services, and benefit a substantial and indefinite class of persons who are the legitimate subjects of charity; or
(2) Provide services that are otherwise required to be provided by a local government, this state or the Federal Government; and
(c) The organization is operating in this state.
4. An organization is created for educational purposes if:
(a) It complies with the requirements set forth in subsection 5; and
(b) The sole or primary purpose of the organization is to:
(1) Provide athletic, cultural or social activities for children;
(2) Provide displays or performances of the visual or performing arts to members of the general public;
(3) Provide instruction and disseminate information on subjects beneficial to the community; or
(4) Operate a school, college or university located in this state that conducts regular classes and provides courses of study required for accreditation or licensing by the state board of education or the commission of postsecondary education, or for membership in the Northwest Association of Schools and Colleges.
5. In addition to the requirements set forth in subsection 2, 3 or 4, an organization is created for religious, charitable or educational purposes if:
(a) No part of the net earnings of any such organization inures to the benefit of a private shareholder, individual or entity;
(b) The business of the organization is not conducted for profit;
(c) No substantial part of the business of the organization is devoted to the advocacy of any political principle or the defeat or passage of any state or federal legislation;
(d) The organization does not participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office; and
(e) Any property sold to the organization for which an exemption is claimed is used by the organization in this state in furtherance of the religious, charitable or educational purposes of the organization.
Sec. 11. 1. Any nonprofit organization created for religious, charitable or educational purposes that wishes to claim an exemption pursuant to section 50.1 of the Sales and Use Tax Act of 1955, being chapter 397, Statutes of Nevada 1955, must file an application with the department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the department.
2. If the department determines that the organization is created for religious, charitable or educational purposes, it shall issue a letter of exemption to the organization. The letter of exemption expires 5 years after the date on which it is issued by the department. At least 90 days before the expiration of the letter of exemption, the department shall notify the organization to whom the letter was issued of the date on which the letter will expire. The organization may renew its letter of exemption for an additional 5 years by filing an application for renewal with the department. The application for renewal must be on a form and contain such information as is required by the department.
κ1995 Statutes of Nevada, Page 1439 (CHAPTER 459, SB 144)κ
must be on a form and contain such information as is required by the department.
3. To claim an exemption pursuant to section 50.1 of the Sales and Use Tax Act of 1955, being chapter 397, Statutes of Nevada 1955, for the sale of tangible personal property to such an organization:
(a) The organization must give a copy of its letter of exemption to the retailer from whom the organization purchases the property; and
(b) The retailer must retain and present upon request a copy of the letter of exemption.
4. The department shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 12. Chapter 374 of NRS is hereby amended by adding thereto the provisions set forth as sections 13, 14 and 15 of this act.
Sec. 13. There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in this state of, any tangible personal property sold by or to a nonprofit organization created for religious, charitable or educational purposes.
Sec. 14. 1. For the purposes of section 13 of this act, an organization is created for religious, charitable or educational purposes if it complies with the provisions of this section.
2. An organization is created for religious purposes if:
(a) It complies with the requirements set forth in subsection 5; and
(b) The sole or primary purpose of the organization is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted. Such an organization includes, without limitation, an integrated auxiliary or affiliate of the organization, mens, womens or youth groups established by the organization, a school or mission society operated by the organization, an organization of local units of a church and a convention or association of churches.
3. An organization is created for charitable purposes if:
(a) It complies with the requirements set forth in subsection 5;
(b) The sole or primary purpose of the organization is to:
(1) Advance a public purpose, donate or render gratuitously or at a reduced rate a substantial portion of its services to the persons who are the subjects of its charitable services, and benefit a substantial and indefinite class of persons who are the legitimate subjects of charity; or
(2) Provide services that are otherwise required to be provided by a local government, this state or the Federal Government; and
(c) The organization is operating in this state.
4. An organization is created for educational purposes if:
(a) It complies with the requirements set forth in subsection 5; and
(b) The sole or primary purpose of the organization is to:
(1) Provide athletic, cultural or social activities for children;
(2) Provide displays or performances of the visual or performing arts to members of the general public;
(3) Provide instruction and disseminate information on subjects beneficial to the community; or
κ1995 Statutes of Nevada, Page 1440 (CHAPTER 459, SB 144)κ
(4) Operate a school, college or university located in this state that conducts regular classes and provides courses of study required for accreditation or licensing by the state board of education or the commission of postsecondary education, or for membership in the Northwest Association of Schools and Colleges.
5. In addition to the requirements set forth in subsection 2, 3 or 4, an organization is created for religious, charitable or educational purposes if:
(a) No part of the net earnings of any such organization inures to the benefit of a private shareholder, individual or entity;
(b) The business of the organization is not conducted for profit;
(c) No substantial part of the business of the organization is devoted to the advocacy of any political principle or the defeat or passage of any state or federal legislation;
(d) The organization does not participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office; and
(e) Any property sold to the organization for which an exemption is claimed is used by the organization in this state in furtherance of the religious, charitable or educational purposes of the organization.
Sec. 15. 1. Any nonprofit organization created for religious, charitable or educational purposes that wishes to claim an exemption pursuant to section 13 of this act must file an application with the department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the department.
2. If the department determines that the organization is created for religious, charitable or educational purposes, it shall issue a letter of exemption to the organization. The letter of exemption expires 5 years after the date on which it is issued by the department. At least 90 days before the expiration of the letter of exemption, the department shall notify the organization to whom the letter was issued of the date on which the letter will expire. The organization may renew its letter of exemption for an additional 5 years by filing an application for renewal with the department. The application for renewal must be on a form and contain such information as is required by the department.
3. To claim an exemption pursuant to section 13 of this act for the sale of tangible personal property to such an organization:
(a) The organization must give a copy of its letter of exemption to the retailer from whom the organization purchases the property; and
(b) The retailer must retain and present upon request a copy of the letter of exemption.
4. The department shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 16. NRS 374.330 is hereby amended to read as follows:
374.330 There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of any tangible personal property to:
1. The United States, its unincorporated agencies and instrumentalities.
2. Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.
3. The State of Nevada, its unincorporated agencies and instrumentalities.
κ1995 Statutes of Nevada, Page 1441 (CHAPTER 459, SB 144)κ
4. Any county, city, district or other political subdivision of this state.
[5. Any organization created for religious, charitable or eleemosynary purposes, provided that no part of the net earnings of any such organization inures to the benefit of any private shareholder or individual.]
Sec. 17. Sections 9 to 16, inclusive, of this act become effective on January 1, 1997, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 5, 1996.
________
Senate Bill No. 154Committee on Judiciary
CHAPTER 460
AN ACT relating to securities; providing for the licensing and regulation of representatives of investment advisers; expanding the definition of a security to include interests in limited-liability companies; requiring fees for the renewal of certain licenses to be paid immediately upon becoming due; revising the provisions governing the administrative procedures for investigations and hearings conducted by the administrator of the securities division of the office of the secretary of state; exempting broker-dealers and sales representatives from certain provisions governing financial planners; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 90 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Representative of an investment adviser means any person employed by or associated with an investment adviser who:
(a) Provides advice concerning securities;
(b) Manages accounts or portfolios of clients;
(c) Determines the advice concerning securities that is offered to clients;
(d) Solicits for the sale of investment advice, unless the person is a sales representative licensed pursuant to this chapter;
(e) Sells, offers to sell or negotiates for the sale of investment advice; or
(f) Supervises employees who engage in the activities described in paragraphs (a) to (e), inclusive.
2. The term does not include:
(a) A broker-dealer;
(b) An investment adviser; and
(c) A person employed by or associated with an investment adviser who provides clerical or administrative services.
Sec. 2. NRS 90.211 is hereby amended to read as follows:
90.211 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 90.215 to 90.305, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.
κ1995 Statutes of Nevada, Page 1442 (CHAPTER 460, SB 154)κ
Sec. 3. NRS 90.295 is hereby amended to read as follows:
90.295 Security means a note, stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in a profit-sharing agreement, a limited partnership interest, an interest in a limited-liability company, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in an oil, gas or other mineral lease or in payments out of production of such a lease, right or royalty, a put, call, straddle or option on a security, certificate of deposit or group or index of securities including any interest therein or based on the value of any of the foregoing, or, in general, any interest or instrument commonly known as a security or any certificate of interest or participation in, temporary or interim certificate for, receipt for, whole or partial guarantee of or warrant or right to subscribe to or purchase any of the foregoing. The term does not include:
1. An insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed sum of money either in a lump sum or periodically for life or some other specified period; or
2. An interest in a contributory or noncontributory pension or welfare plan subject to the Employee Retirement Income Security Act of 1974.
Sec. 4. NRS 90.310 is hereby amended to read as follows:
90.310 1. It is unlawful for any person to transact business in this state as a broker-dealer or sales representative unless licensed or exempt from licensing under this chapter.
2. It is unlawful for any issuer or any broker-dealer licensed under this chapter to employ or contract with a person as a sales representative within this state unless the sales representative is licensed or exempt from licensing under this chapter.
3. It is unlawful for a broker-dealer or an issuer engaged in offering securities in this state to employ or contract with, in connection with any of the broker-dealers or issuers activities in this state, any person who is suspended or barred from association with a broker-dealer or investment adviser by the administrator. A broker-dealer or issuer does not violate this subsection unless he knows or in the exercise of reasonable care should know of the suspension or bar. Upon request from a broker-dealer or issuer, and for good cause shown, the administrator by order may waive the prohibition of this subsection with respect to a particular person who has been suspended or barred.
4. It is unlawful for any person licensed pursuant to this chapter to share, divide or apportion fees with a person who is effecting or attempting to effect purchases or sales of securities and is not licensed pursuant to the provisions of this chapter.
Sec. 5. NRS 90.330 is hereby amended to read as follows:
90.330 1. It is unlawful for any person to transact business in this state as an investment adviser or as a representative of an investment adviser unless licensed or exempt from licensing under this chapter.
2. It is unlawful for an investment adviser to employ, to engage in any activity in this state, any person who is suspended or barred from association with a broker-dealer or investment adviser by the administrator.
κ1995 Statutes of Nevada, Page 1443 (CHAPTER 460, SB 154)κ
with a broker-dealer or investment adviser by the administrator. An investment adviser does not violate this subsection unless the investment adviser knows or in the exercise of reasonable care should know of the suspension or bar. Upon request from an investment adviser and for good cause shown, the administrator, by order, may waive the prohibition of this subsection with respect to a person suspended or barred.
Sec. 6. NRS 90.340 is hereby amended to read as follows:
90.340 1. The following [investment advisers] persons are exempt from licensing under NRS 90.330:
[1.] (a) An investment advisor who is registered or is not required to be registered as an investment adviser under the Investment Advisers Act of 1940 if:
[(a)] (1) Its only clients in this state are other investment advisers, broker-dealers or financial or institutional investors;
[(b)] (2) The investment adviser has no place of business in this state and directs business communications in this state to a person who is an existing client of the investment adviser and whose principal place of residence is not in this state; or
[(c)] (3) The investment adviser has no place of business in this state and during any 12 consecutive months it does not direct business communications in this state to more than five present or prospective clients other than those specified in [paragraph (a) of this subsection,] subparagraph (1), whether or not the person or client to whom the communication is directed is present in this state; [and
2.] (b) A representative of an investment adviser who is employed by an investment adviser who is exempt from licensing pursuant to paragraph (a);
(c) A sales representative licensed pursuant to NRS 90.130 who:
(1) Has passed one of the following examinations administered by the National Association of Securities Dealers, Inc.:
(I) The Uniform Investment Adviser Law examination, designated as the Series 65 examination; or
(II) The examination designated as the Series 66 examination; or
(2) On January 1, 1996, has been continuously licensed in this state as a sales representative for 5 years or more; and
(d) Other investment advisers and representatives of investment advisers the administrator by regulation or order exempts.
2. The administrator may, by order or rule, waive the examination required by subparagraph 1 of paragraph (c) of subsection 1 for an applicant or a class of applicants if the administrator determines that the examination is not necessary for the protection of investors because of the training and experience of the applicant or class of applicants.
Sec. 7. NRS 90.350 is hereby amended to read as follows:
90.350 1. An applicant for licensing as a broker-dealer, sales representative , [or] investment adviser or representative of an investment adviser shall file with the administrator an application for licensing and a consent to service of process pursuant to NRS 90.770 and pay the fee required by NRS 90.360. The application for licensing must contain the information the administrator determines by regulation to be necessary and appropriate to facilitate the administration of this chapter.
κ1995 Statutes of Nevada, Page 1444 (CHAPTER 460, SB 154)κ
2. The requirements of subsection 1 are satisfied by an applicant who has filed and maintains a completed and current registration with the Securities and Exchange Commission or a self-regulatory organization if the information contained in that registration is readily available to the administrator through a central depository system approved by him. Such an applicant must also file a notice with the administrator in the form and content determined by the administrator by regulation and a consent to service of process pursuant to NRS 90.770 and the fee required by NRS 90.360. The administrator, by order, may require the submission of additional information by an applicant.
Sec. 8. NRS 90.360 is hereby amended to read as follows:
90.360 1. An applicant for licensing shall pay a nonrefundable licensing fee, due annually in the following amounts:
(a) Broker-dealer, $150.
(b) Sales representative, $55.
(c) Investment adviser, $150.
(d) Representative of an investment adviser, $55.
2. The administrator by regulation may require licensing of branch offices and impose a fee for the licensing and an annual fee.
3. For the purpose of this section, a branch office means any place of business in this state other than the principal office in the state of the broker-dealer, from which one or more sales representatives transact business.
Sec. 9. NRS 90.380 is hereby amended to read as follows:
90.380 1. Unless a proceeding under NRS 90.420 has been instituted, the license of any broker-dealer, sales representative , [or] investment adviser or representative of an investment adviser becomes effective 30 days after an application for licensing has been filed and is complete, including any amendment, if all requirements imposed pursuant to NRS 90.370 have been satisfied. An application or amendment is complete when the applicant has furnished information responsive to each applicable item of the application. The administrator may by order authorize an earlier effective date of licensing.
2. The license of a broker-dealer, sales representative , [or] investment adviser or representative of an investment adviser is effective until terminated by revocation, suspension, expiration or withdrawal.
3. The license of a sales representative is only effective with respect to transactions effected on behalf of the broker-dealer or issuer for whom the sales representative is licensed.
4. A person shall not at any one time act as a sales representative for more than one broker-dealer or for more than one issuer, unless the administrator by regulation or order authorizes multiple licenses.
5. If a person licensed as a sales representative terminates association with a broker-dealer or issuer or ceases to be a sales representative, the sales representative and the broker-dealer or issuer on whose behalf the sales representative was acting shall promptly notify the administrator.
6. The administrator by regulation may authorize one or more special classifications of licenses as a broker-dealer, sales representative , [or] investment adviser or representative of an investment adviser to be issued to applicants subject to limitations and conditions on the nature of the activities that may be conducted by persons so licensed.
κ1995 Statutes of Nevada, Page 1445 (CHAPTER 460, SB 154)κ
7. The license of a broker-dealer, sales representative , [or] investment adviser or representative of an investment adviser expires if the annual fee required by NRS 90.360 is not paid [within 90 days after] when it is due. [The division shall send written notice of the expiration to the last known address of the licensed person within 3 working days after the license expires.]
8. A license that has expired may be reinstated retroactively if the licensed person pays the fee required by NRS 90.360, plus a fee for reinstatement in the amount of $25, within 30 days after the date of expiration. If the license is not reinstated within that time, it shall be deemed to have lapsed as of the date of expiration, and the licensed person must thereafter submit a new application for licensing if he desires to be relicensed.
Sec. 10. NRS 90.390 is hereby amended to read as follows:
90.390 1. The administrator by regulation may require that:
(a) A licensed broker-dealer who is not registered under the Securities Exchange Act of 1934 maintain minimum net capital and a prescribed ratio between net capital and aggregate indebtedness, which may vary with type or class of broker-dealer; or
(b) A licensed investment adviser who is not registered under the Investment [Adviser] Advisers Act of 1940 maintain a minimum net worth.
2. If a licensed broker-dealer or investment adviser knows, or has reasonable cause to know, that a requirement imposed on it under this section is not being met, the broker-dealer or investment adviser shall promptly notify the administrator of its current financial condition.
3. The administrator by regulation may require a fidelity bond from a broker-dealer who is not registered under the Securities Exchange Act of 1934.
4. A licensed broker-dealer or investment adviser shall file financial and other reports that the administrator determines by regulation or order are necessary, but filing a copy of the financial reports filed under the Securities [and] Exchange Act of 1934, in the case of a broker-dealer, or the Investment Advisers Act of 1940, in the case of an investment adviser, satisfies the requirements regarding the filing of financial reports pursuant to this subsection.
5. A licensed broker-dealer, sales representative , [or] investment adviser or representative of an investment adviser shall make and maintain records that the administrator determines by regulation are necessary and appropriate, but compliance with the recordkeeping requirements of the Securities [and] Exchange Act of 1934, in the case of a broker-dealer, or the Investment Advisers Act of 1940, in the case of an investment adviser, satisfies the requirements of this subsection.
6. Required records may be maintained in any form of data storage if they are readily accessible to the administrator. Required records must be preserved for 5 years unless the administrator by regulation specifies a different period for a particular type or class of records.
7. If the information contained in a document filed with the administrator as part of the application for licensing or under the section, except information the administrator by regulation or order excludes, is or becomes inaccurate or incomplete in a material respect, the licensed person shall promptly file correcting information, unless notification of termination has been given [under] pursuant to subsection 5 of NRS 90.380.
κ1995 Statutes of Nevada, Page 1446 (CHAPTER 460, SB 154)κ
file correcting information, unless notification of termination has been given [under] pursuant to subsection 5 of NRS 90.380.
Sec. 11. NRS 90.400 is hereby amended to read as follows:
90.400 1. A licensed broker-dealer or investment adviser may file an application for licensing of a successor, whether or not the successor is then in existence, if the fee the administrator prescribes for the application is submitted with the application.
2. If a broker-dealer or investment adviser succeeds to and continues the business of a licensed broker-dealer or investment adviser and the successor files an application for licensing within 30 days after the succession, the license of the predecessor remains effective as the license of the successor for 60 days after the succession.
3. Licensing of each licensed sales representative of the broker-dealer or licensed representative of the investment adviser filing an application [under] pursuant to subsection 1 or 2 continues without a separate filing or fee upon the licensing of the successor.
Sec. 12. NRS 90.410 is hereby amended to read as follows:
90.410 1. The administrator, without previous notice, may examine in a manner reasonable under the circumstances the records, within or without this state, of a licensed broker-dealer, sales representative , [or] investment adviser or representative of an investment adviser, in order to determine compliance with this chapter. Broker-dealers, sales representatives , [and] investment advisers and representatives of investment advisers shall make their records available to the administrator in legible form.
2. The administrator may copy records or require a licensed person to copy records and provide the copies to the administrator to the extent and in a manner reasonable under the circumstances.
3. The administrator by regulation may impose a reasonable fee for the expense of conducting an examination under this section.
Sec. 13. NRS 90.420 is hereby amended to read as follows:
90.420 1. The administrator by order may deny, suspend or revoke any license, fine any licensed person or essential employee, limit the activities governed by this chapter that an applicant, licensed person or essential employee may perform in this state, bar an applicant, licensed person or essential employee from association with a licensed broker-dealer or investment adviser or bar from employment with a licensed broker-dealer or investment adviser a person who is a partner, officer, director, sales representative , [or] investment adviser [,] or representative of an investment adviser, or a person occupying a similar status or performing a similar function for an applicant or licensed person , if the administrator finds that the order is in the public interest and that the applicant or licensed person or, in the case of a broker-dealer or investment adviser, any partner, officer, director, sales representative, investment adviser, representative of an investment adviser or person occupying a similar status or performing similar functions or any person directly or indirectly controlling the broker-dealer or investment adviser:
(a) Has filed an application for licensing with the administrator which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;
κ1995 Statutes of Nevada, Page 1447 (CHAPTER 460, SB 154)κ
statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;
(b) Has violated or failed to comply with a provision of this chapter as now or formerly in effect or a regulation or order adopted or issued under this chapter;
(c) Is the subject of an adjudication or determination after notice and opportunity for hearing, within the last 5 years by a securities agency or administrator of another state or a court of competent jurisdiction that the person has violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act or the securities law of any other state, but only if the acts constituting the violation of that states law would constitute a violation of this chapter had the acts taken place in this state;
(d) Within the last 10 years has been convicted of a felony or misdemeanor which the administrator finds:
(1) Involves the purchase or sale of a security, taking a false oath, making a false report, bribery, perjury, burglary, robbery or conspiracy to commit any of the foregoing offenses;
(2) Arises out of the conduct of business as a broker-dealer, investment adviser, depository institution, insurance company or fiduciary; or
(3) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion or misappropriation of money or securities or conspiracy to commit any of the foregoing offenses;
(e) Is or has been permanently or temporarily enjoined by a court of competent jurisdiction, unless the order has been vacated, from acting as an investment adviser, representative of an investment adviser, underwriter, broker-dealer or as an affiliated person or employee of an investment company, depository institution or insurance company or from engaging in or continuing any conduct or practice in connection with any of the foregoing activities or in connection with the purchase or sale of security;
(f) Is or has been the subject of an order of the administrator, unless the order has been vacated, denying, suspending or revoking his license as a broker-dealer, sales representative , [or] investment adviser [;] or representative of an investment adviser;
(g) Is or has been the subject of any of the following orders which were issued within the last 5 years, unless the order has been vacated:
(1) An order by the securities agency or administrator of another state, Canadian province or territory or by the Securities and Exchange Commission or a comparable regulatory agency of another county, entered after notice and opportunity for hearing, denying, suspending or revoking the persons license as a broker-dealer, sales representative , [or] investment adviser [;] or representative of an investment adviser;
(2) A suspension or expulsion from membership in or association with a member of a self-regulatory organization;
(3) An order of the United States Postal Service relating to fraud;
(4) An order to cease and desist entered after notice and opportunity for hearing by the administrator, the securities agency or administrator of another state, Canadian province or territory, the [securities and exchange commission] Securities and Exchange Commission or a comparable regulatory agency of another country, or the Commodity Futures Trading Commission; or
κ1995 Statutes of Nevada, Page 1448 (CHAPTER 460, SB 154)κ
commission] Securities and Exchange Commission or a comparable regulatory agency of another country, or the Commodity Futures Trading Commission; or
(5) An order by the [commodities futures trading commission] Commodities Futures Trading Commission denying, suspending or revoking registration under the Commodity Exchange Act;
(h) Has engaged in unethical or dishonest practices in the securities business;
(i) Is insolvent, either in the sense that liabilities exceed assets or in the sense that obligations cannot be met as they mature, but the administrator may not enter an order against a broker-dealer or investment adviser under this subparagraph without a finding of insolvency as to the broker-dealer or investment adviser;
(j) Is determined by the administrator in compliance with NRS 90.430 not to be qualified on the basis of lack of training, experience and knowledge of the securities business; or
(k) Has failed reasonably to supervise a sales representative or employee.
2. The administrator may not institute a proceeding on the basis of a fact or transaction known to the director when the license became effective unless the proceeding is instituted within 90 days after issuance of the license.
3. If the administrator finds that an applicant or licensed person is no longer in existence or has ceased to do business as a broker-dealer, sales representative , [or] investment adviser or representative of an investment adviser or is adjudicated mentally incompetent or subjected to the control of a committee, conservator or guardian or cannot be located after reasonable search, the administrator may by order deny the application or revoke the license.
4. As used in this section [:
(a) Essential] , essential employee means a person performing the function of a representative of an investment adviser or sales representative, or a similar function, for a licensed person. The term does not include an investment adviser, sales representative or representative of an investment adviser [representative] who holds a license or registration issued in accordance with the provisions of this chapter.
[(b) Investment adviser representative means a person who is employed by or under contract with an investment adviser and who:
(1) Advises another person as to the value of a security or as to the advisability of investing in, purchasing or selling a security;
(2) Manages the securities account or portfolio of a client;
(3) Issues or otherwise promulgates analyses or reports concerning securities as a part of his employment or contractual duties;
(4) Sells services relating to investment advice or solicits, offers or negotiates for the sale of such a service, unless the person is a broker-dealer or sales representative registered in accordance with this chapter; or
(5) Supervises an employee who performs any of the activities listed in subparagraphs (1) to (4), inclusive.]
κ1995 Statutes of Nevada, Page 1449 (CHAPTER 460, SB 154)κ
Sec. 14. NRS 90.430 is hereby amended to read as follows:
90.430 The administrators determination that an applicant or licensed person lacks qualification under NRS 90.420 is limited by the following provisions:
1. The administrator may not enter an order against a broker-dealer because of the lack of qualification of:
(a) A person other than the broker-dealer if the broker-dealer is a natural person; or
(b) A sales representative of the broker-dealer.
2. The administrator may not enter an order against an investment adviser because of the lack of qualification of:
(a) A person other than the investment adviser, if the investment adviser is a natural person; or
(b) Any representative of an investment adviser or other person who represents the investment adviser in doing an act that makes the person an investment adviser.
3. The administrator may not enter an order solely on the basis of lack of experience if the applicant or registrant is qualified by training or knowledge, or both.
4. The administrator shall consider that [a] :
(a) A sales representative who will work under the supervision of a licensed broker-dealer need not have the same qualifications as a broker-dealer [.] ; and
(b) A representative of an investment adviser who will work under the supervision of a licensed investment adviser need not have the same qualifications as an investment adviser.
5. The administrator shall consider that an investment adviser is not necessarily qualified solely on the basis of experience as a broker-dealer or sales representative.
Sec. 15. NRS 90.440 is hereby amended to read as follows:
90.440 1. An application for a license may be withdrawn by the applicant without prejudice before the license becomes effective.
2. Withdrawal from licensing as a broker-dealer, sales representative , [or] investment adviser or representative of an investment adviser becomes effective 30 days after receipt by the administrator of an application to withdraw or within such shorter period [of time] as the administrator determines, unless:
(a) A proceeding to revoke or suspend is pending when the application is filed;
(b) A proceeding to revoke or suspend or to impose conditions upon the withdrawal is instituted within 30 days after the application is filed; or
(c) Additional information is requested by the administrator regarding the application.
3. If a proceeding is pending or instituted under subsection 2, withdrawal becomes effective at the time and upon the conditions the administrator by order determines. If additional information is requested, withdrawal is effective 30 days after the additional information is filed. Although no proceeding is pending or instituted and withdrawal becomes effective, the administrator may institute a proceeding [under] pursuant to NRS 90.420 within 1 year after withdrawal became effective and enter an order as of the last date on which licensing was effective.
κ1995 Statutes of Nevada, Page 1450 (CHAPTER 460, SB 154)κ
after withdrawal became effective and enter an order as of the last date on which licensing was effective.
Sec. 16. NRS 90.590 is hereby amended to read as follows:
90.590 It is unlawful for an investment adviser , representative of an investment adviser or other person who represents an investment adviser in performing an act that requires licensing as an investment adviser under this chapter, directly or indirectly, to:
1. Employ a device, scheme or artifice to defraud a client; or
2. Engage in an act, practice or course of business that operates or would operate as a fraud or deceit upon a client.
Sec. 17. NRS 90.620 is hereby amended to read as follows:
90.620 1. The administrator may make an investigation, within or outside of this state, as he finds necessary to determine whether a person has violated or is about to violate this chapter or any regulation or order of the administrator under this chapter or to aid in enforcement of this chapter.
2. Except as otherwise provided in subsection 4 of NRS 90.730, the administrator may publish information concerning a violation of this chapter or a regulation or order of the administrator under this chapter or concerning types of securities or acts or practices in the offer, sale or purchase of types of securities which may operate as a fraud or deceit.
3. For the purposes of an investigation or proceeding under this chapter the administrator or any officer or employee designated by the administrator by regulation or order may conduct hearings, administer oaths and affirmations, render findings of fact and conclusions of law, subpoena witnesses, compel their attendance, take evidence and require the production, by subpoena or otherwise, of books, papers, correspondence, memoranda, agreements or other documents or records which the administrator determines to be relevant or material to the investigation or proceeding. A person whom the administrator does not consider to be the subject of an investigation is entitled to reimbursement at the rate of 25 cents per page for copies of documents which he is required by subpoena to produce. The administrator may require or permit a person to file a statement, under oath or otherwise as the administrator determines, as to the facts and circumstances concerning the matter to be investigated.
4. If the activities constituting an alleged violation for which the information is sought would be a violation of this chapter had the activities occurred in this state, the administrator may issue and apply to enforce subpoenas in this state at the request of a securities agency or administrator of another state.
5. If a person does not testify or produce the documents required by the administrator or a designated officer or employee pursuant to subpoena, the administrator or designated officer or employee may apply to the court for an order compelling compliance. A request for an order of compliance may be addressed to:
(a) The district court in and for the county where service may be obtained on the person refusing to testify or produce, if the person is subject to service of process in this state; or
κ1995 Statutes of Nevada, Page 1451 (CHAPTER 460, SB 154)κ
(b) A court of another state having jurisdiction over the person refusing to testify or produce, if the person is not subject to service of process in this state.
6. Not later than the time the administrator requests an order for compliance, the administrator shall either send notice of the request by registered or certified mail, return receipt requested, to the respondent at the last known address or take other steps reasonably calculated to give the respondent actual notice.
Sec. 18. NRS 90.630 is hereby amended to read as follows:
90.630 1. If the administrator reasonably believes, whether or not based upon an investigation conducted under NRS 90.620, that:
(a) The sale of a security is subject to registration under this chapter and the security is being offered or has been offered or sold by the issuer or another person in violation of NRS 90.460; or
(b) A person is acting as a broker-dealer or investment adviser [on] in violation of NRS 90.310 or 90.330,
the administrator, in addition to any specific power granted under this chapter and subject to compliance with the requirements of NRS 90.820, may issue, without a prior hearing, [an] a summary order against the person engaged in the prohibited activities, directing him to desist and refrain from further activity until the security is registered or he is licensed under this chapter. The summary order to cease and desist must state the section of this chapter or regulation or order of the administrator under this chapter which the administrator reasonably believes has been or is being violated.
2. If the administrator reasonably believes, whether or not based upon an investigation conducted under NRS 90.620, that a person has violated this chapter or a regulation or order of the administrator under this chapter, the administrator, in addition to any specific power granted under this chapter, after giving notice by registered or certified mail and conducting a hearing in an administrative proceeding , unless the right to notice and hearing is waived by the person against whom the sanction is imposed, may:
(a) Issue an order against him to cease and desist;
(b) Censure him if he is a licensed broker-dealer, sales representative , [or] investment adviser [;] or representative of an investment adviser;
(c) Bar or suspend him from association with a licensed broker-dealer or investment adviser in this state;
(d) Issue an order against an applicant, licensed person or other person who [knowingly] willfully violates this chapter, imposing a civil penalty of not more than $2,500 for a single violation or $100,000 for multiple violations in a single proceeding or a series of related proceedings; or
(e) Initiate one or more of the actions specified in NRS 90.640.
3. If the person to whom the notice is addressed pursuant to subsection 2 does not request a hearing within 45 days after receipt of the notice, he waives his right to a hearing and the administrator shall issue a permanent order. If a hearing is requested, the administrator shall set the matter for hearing not less than 15 days nor more than 60 days after he receives the request for a hearing. The administrator shall promptly notify the parties by registered or certified mail of the time and place set for the hearing.
4. Imposition of the sanctions under this section is limited as follows:
κ1995 Statutes of Nevada, Page 1452 (CHAPTER 460, SB 154)κ
(a) If the administrator revokes the license of a broker-dealer, sales representative, [or] investment adviser or representative of an investment adviser or bars a person from association with a licensed broker-dealer or investment adviser under this section or NRS 90.420, the imposition of that sanction precludes imposition of a civil penalty under subsection 2; and
(b) The imposition by the administrator of one or more sanctions under subsection 2 with respect to a specific violation precludes him from later imposing any other sanctions under paragraphs (a) to (d), inclusive, of subsection 2 with respect to the violation.
[4.] 5. For the purposes of determining any sanction to be imposed pursuant to paragraphs (a) to (d), inclusive, of subsection 2, the administrator shall consider, among other factors, the frequency and persistence of the conduct constituting a violation of this chapter, or a regulation or order of the administrator under this chapter, the number of persons adversely affected by the conduct and the resources of the person committing the violation.
[5.] 6. If a sanction is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the administrator.
Sec. 19. NRS 90.830 is hereby amended to read as follows:
90.830 1. NRS 90.310, 90.330, 90.460, 90.570, 90.580, 90.610 and 90.660 apply to a person who sells or offers to sell a security or investment advisory service if:
(a) An offer to sell is made in this state; or
(b) An offer to purchase is made and accepted in this state.
2. NRS 90.310, 90.330, 90.570, 90.580 and 90.610 apply to a person who purchases or offers to purchase a security or investment advisory service if:
(a) An offer to purchase is made in this state; or
(b) An offer to sell is made and accepted in this state.
3. For the purpose of this section, an offer to sell or to purchase is made in this state, whether or not either party is present in this state, if the offer:
(a) Originates in this state; or
(b) Is directed by the offeror to a destination in this state and received where it is directed, or at a post office in this state if the offer is mailed.
4. For the purpose of this section, an offer to purchase or to sell is accepted in this state if acceptance:
(a) Is communicated to the offeror in this state; and
(b) Has not previously been communicated to the offeror, orally or in writing, outside this state.
Acceptance is communicated to the offeror in this state, whether or not either party is present in this state, if the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received where it is directed, or at any post office in this state if the acceptance is mailed.
5. For the purpose of subsections 1 to 4, inclusive, an offer to sell or to purchase made in a newspaper or other publication of general, regular and paid circulation is not made in this state if the publication:
(a) Is not published in this state; or
(b) Is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months.
κ1995 Statutes of Nevada, Page 1453 (CHAPTER 460, SB 154)κ
6. For the purpose of subsection 5, if a publication is published in editions, each edition is a separate publication except for material common to all editions.
7. For the purpose of subsections 1 to 4, inclusive, an offer to sell or to purchase made in a radio or television program or other electronic communication received in this state which originates outside this state is not made in this state.
8. For the purpose of subsection 7, a radio or television program or other electronic communication is considered as having originated in this state if either the broadcast studio or originating source of transmission is located within the state, unless:
(a) The program or communication is syndicated and distributed from outside this state for redistribution to the general public in this state;
(b) The program is supplied by a radio, television or other electronic network with the electronic signal originating from outside for redistribution to the general public in this state;
(c) The program or communication is an electronic signal that originates outside this state and is captured for redistribution to the general public in this state by a community antenna or cable, radio, cable television, or other electronic system; or
(d) The program or communication consists of an electronic signal which originates within this state, but which is not intended for redistribution to the general public in this state.
Sec. 20. NRS 628A.010 is hereby amended to read as follows:
628A.010 As used in this chapter, unless the context otherwise requires:
1. Client means a person who receives advice from a financial planner.
2. Compensation means a fee for services provided by a financial planner to a client or a commission or other remuneration derived by a financial planner from a person other than the client as the result of the purchase of a good or service by the client.
3. Financial planner means a person who for compensation advises others upon the investment of money or upon provision for income to be needed in the future, or who holds himself out as qualified to perform either of these functions, but does not include:
(a) An attorney and counselor at law admitted by the supreme court of this state;
(b) A certified public accountant or a public accountant licensed pursuant to NRS 628.190 to 628.310, inclusive, or 628.350;
(c) A broker-dealer or sales representative licensed pursuant to NRS 90.310 or exempt under NRS 90.320;
(d) An investment adviser licensed pursuant to NRS 90.330 or exempt under NRS 90.340; or
[(d)] (e) An insurance agent or broker licensed pursuant to NRS 683A.090 to 683A.350, inclusive,
whose advice upon investment or provision of future income is incidental to the practice of his profession or business.
Sec. 21. The administrator of the securities division of the office of the secretary of state shall, on or before January 1, 1996, adopt such regulations as are necessary to carry out the provisions of this act. The regulations may not be inconsistent with or exceed the authority granted to the administrator by chapter 90 of NRS.
κ1995 Statutes of Nevada, Page 1454 (CHAPTER 460, SB 154)κ
not be inconsistent with or exceed the authority granted to the administrator by chapter 90 of NRS.
Sec. 22. 1. This section and section 20 of this act become effective on October 1, 1995.
2. Sections 1, 2, 5 to 16, inclusive, and 18 of this act become effective on January 1, 1996.
3. Sections 3, 4, 17, 19 and 21 of this act become effective on October 1, 1996.
________
Assembly Bill No. 130Committee on Ways and Means
CHAPTER 461
AN ACT relating to hazardous materials; increasing the number of members of the committee on high-level radioactive waste; transferring the agency for nuclear projects from the state department of conservation and natural resources to the office of the governor; requiring the executive director of the agency to provide semiannual reports to the committee; authorizing the expenditure by the agency of certain money not appropriated from the state general fund; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 459.0085 is hereby amended to read as follows:
459.0085 1. There is hereby created a committee on high-level radioactive waste. It is a committee of the legislature composed of:
(a) [Three] Four members of the senate, appointed by the majority leader of the senate.
(b) Four members of the assembly, appointed by the speaker.
2. The legislative commission shall select a chairman and a vice chairman from the members of the committee.
3. The committee shall meet at the call of the chairman to study and evaluate:
(a) Information and policies regarding the location in this state of a facility for the disposal of high-level radioactive waste;
(b) Any potentially adverse effects from the construction and operation of a facility and the ways of mitigating those effects; and
(c) Any other policies relating to the disposal of high-level radioactive waste.
4. The committee shall report the results of its studies and evaluations to the legislative commission and the interim finance committee at such times as the legislative commission or the interim finance committee may require.
5. The committee may recommend any appropriate legislation to the legislature and the legislative commission.
6. The director of the legislative counsel bureau shall provide a secretary for the committee on high-level radioactive waste. Except during a regular or special session of the legislature, each member of the committee is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in the work of the committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.
κ1995 Statutes of Nevada, Page 1455 (CHAPTER 461, AB 130)κ
receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in the work of the committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. Per diem allowances, salary and travel expenses of members of the committee must be paid from the legislative fund.
Sec. 2. NRS 459.0093 is hereby amended to read as follows:
459.0093 1. The agency for nuclear projects is hereby created within the [state department of conservation and natural resources.] office of the governor. The agency consists of the commission and:
(a) The division of technical programs.
(b) The division of planning.
2. The governor shall appoint an executive director, who serves at the pleasure of the commission, and who must:
(a) Be appointed from a list of three persons submitted to the governor by the commission.
(b) Possess broad management skills related to the functions of the agency and have the ability to coordinate planning and communication among the Federal Government, the state and the local governments of this state on issues related to radioactive waste.
Sec. 3. NRS 459.0094 is hereby amended to read as follows:
459.0094 The executive director shall:
1. Appoint, with the consent of the commission, an administrator of each division of the agency.
2. Advise the commission on matters relating to the potential disposal of radioactive waste in this state.
3. Evaluate the potentially adverse effects of a facility for the disposal of radioactive waste in this state.
4. Consult frequently with local governments and state agencies that may be affected by a facility for the disposal of radioactive waste and appropriate legislative committees.
5. Assist local governments in their dealings with the Department of Energy and its contractors on matters relating to radioactive waste.
6. Carry out the duties imposed on the state by 42 U.S.C. §§ 10101 to 10226, inclusive, as those sections existed on [January 1, 1985] July 1, 1995.
7. Cooperate with any governmental agency or other person to carry out the provisions of NRS 459.009 to 459.0098, inclusive.
8. Provide semiannual written reports to the committee on high-level radioactive waste. The reports must contain:
(a) A summary of the status of the activities undertaken by the agency since the previous report;
(b) A description of all contracts the agency has with natural persons or organizations, including, but not limited to, the name of the recipient of each contract, the amount of the contract, the duties to be performed under the contract, the manner in which the contract assists the agency in achieving its goals and responsibilities and the status of the performance of the terms of the contact;
κ1995 Statutes of Nevada, Page 1456 (CHAPTER 461, AB 130)κ
goals and responsibilities and the status of the performance of the terms of the contact;
(c) The status of any litigation relating to the goals and responsibilities of the agency to which the State of Nevada is a party; and
(d) Any other information requested by the legislative committee.
Sec. 4. NRS 232.090 is hereby amended to read as follows:
232.090 1. The department consists of the director and the following divisions:
(a) The division of water resources.
(b) The division of state lands.
(c) The division of forestry.
(d) The division of state parks.
(e) The division of conservation districts.
(f) The division of environmental protection.
(g) The division of water planning.
(h) The division of wildlife.
(i) Such other divisions as the director may from time to time establish.
2. The state environmental commission, the state conservation commission, [the agency for nuclear projects,] the Nevada natural heritage program and the board to review claims are within the department.
Sec. 5. 1. The agency for nuclear projects is hereby authorized to expend, in accordance with the legislatively approved budget for the agency, the following sums not appropriated from the state general fund:
(a) During the fiscal year beginning July 1, 1995, and ending June 30, 1996, $7,193,596; and
(b) During the fiscal year beginning July 1, 1996, and ending June 30, 1997, $7,949,037.
2. The sums authorized to be expended by the provisions of subsection 1 must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Except as otherwise provided in subsection 4, and in accordance with the provisions of NRS 353.220, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the sums authorized in subsection 1 for expenditure by the agency for nuclear projects from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the sums authorized in subsection 1. The chief shall reduce the sums authorized in subsection 1 if he determines that such money to be received by the agency will be less than the amount so authorized.
4. If the agency for nuclear projects receives money for its operations from sources other than the state general fund which exceeds the sums authorized in subsection 1, any appropriation to the agency from the state general fund must be decreased to the extent of the excess, except that no such decrease may be made which would jeopardize the receipt of such money as is to be received from other sources.
κ1995 Statutes of Nevada, Page 1457 (CHAPTER 461, AB 130)κ
such decrease may be made which would jeopardize the receipt of such money as is to be received from other sources.
Sec. 6. 1. This section and sections 1, 2, 3 and 5 of this act become effective on July 1, 1995.
2. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1995.
________
Senate Bill No. 226Committee on Human Resources and Facilities
CHAPTER 462
AN ACT relating to public education; creating the trust fund for educational technology; requiring the department of education to create a program allowing individual schools to apply for grants of money from the trust fund; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 393 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The trust fund for educational technology is hereby created in the state general fund. The trust fund must be administered by the superintendent of public instruction. The superintendent may accept gifts and grants of money from any source for deposit in the trust fund. Any such money may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 3.
2. The interest and income earned on the money in the trust fund must be credited to the trust fund.
3. The money in the trust fund may be used only to provide grants of money to individual public schools to be used in kindergarten through 12th grade to obtain and maintain hardware and software for computer systems, equipment for transfer of data by modem through connection to telephone lines, and other educational technology as may be approved by the superintendent of public instruction for use in classrooms.
Sec. 3. The department shall, by regulation, establish a program whereby individual public schools may apply to the superintendent of public instruction for grants of money from the trust fund for educational technology.
Sec. 4. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 1458κ
Senate Bill No. 308Committee on Taxation
CHAPTER 463
AN ACT relating to local financial administration; requiring the revenue to support certain districts within redevelopment or urban renewal areas in certain cities to be raised from assessments instead of property taxes; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.780 is hereby amended to read as follows:
268.780 As used in NRS 268.780 to 268.785, inclusive, unless the context otherwise requires:
1. Area means a redevelopment area or an urban renewal area, as the case may be, within which the creation of a district is proposed.
2. Council means the city council.
3. District means [a taxing] an assessment district created to defray the cost of additional police protection within the district.
Sec. 2. NRS 268.785 is hereby amended to read as follows:
268.785 1. After creation of the district, the council shall annually ascertain and include in its budget the [rate of special tax upon all taxable property in the district sufficient to yield the additional revenue] total amount of money to be derived from assessments required to provide the higher level of police protection found beneficial to the public interest [. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection.] for the next ensuing fiscal year.
2. The city council shall designate an existing citizens group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of additional police protection to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.
3. The [rate ascertained pursuant to subsection 1 must be included in the annual levy of taxes upon all taxable property within the district. The county treasurer shall credit the revenue received from the levy to the city for the purposes of the district. The tax] total amount of money to be derived from assessments for the next ensuing fiscal year must be apportioned among the individual property owners in the district based upon the relative special benefit received by each property using an apportionment method approved by the city council. On or before April 20 of each year, a notice specifying the proposed amount of the assessment for the next ensuing fiscal year must be mailed to each property owner. The city council shall hold a public hearing concerning the assessments at the same time and place as the hearing on the tentative budget. The city council shall levy the assessments after the hearing but not later than June 1. The assessments so levied, must be paid in quarterly installments on or before the dates specified for installments paid pursuant to subsection 4 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.
κ1995 Statutes of Nevada, Page 1459 (CHAPTER 463, SB 308)κ
on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.
4. A district is not entitled to receive any distribution of supplemental city-county relief tax.
Sec. 3. NRS 268.790 is hereby amended to read as follows:
268.790 As used in NRS 268.790 to 268.795, inclusive, unless the context otherwise requires:
1. Area means a redevelopment area or an urban renewal area, as the case may be, within which the creation of a district is proposed.
2. Council means the city council.
3. District means [a taxing] an assessment district created to defray the cost of providing maintenance within the district.
4. Maintenance means the provision of those services required to clean, incidentally repair and keep in good condition, improvements made in the district pursuant to a redevelopment plan. The term does not include the replacement of capital improvements or major repairs made to those improvements.
Sec. 4. NRS 268.795 is hereby amended to read as follows:
268.795 1. After creation of the district, the council shall annually ascertain and include in its budget the [rate of special tax upon all taxable property in the district sufficient to yield the additional revenue] total amount of money to be derived from assessments required to provide the maintenance found beneficial to the public interest [. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection.] for the next ensuing fiscal year.
2. The city council shall designate an existing citizens group within the area or create an advisory committee, to recommend to the council any appropriate changes in the level or kind of maintenance to be provided in the district. The council shall consider these recommendations, and any others that may be offered by interested persons, at a public hearing before adopting its annual budget for the district.
3. The [rate ascertained pursuant to subsection 1 must be included in the annual levy of taxes upon all taxable property within the district. The county treasurer shall credit the revenue received from the levy to the city for the purposes of the district. The tax] total amount of money to be derived from assessments for the next ensuing fiscal year must be apportioned among the individual property owners in the district based upon the relative special benefit received by each property using an apportionment method approved by the city council. On or before April 20 of each year, a notice specifying the proposed amount of the assessment for the next ensuing fiscal year must be mailed to each property owner. The city council shall hold a public hearing concerning the assessments at the same time and place as the hearing on the tentative budget. The city council shall levy the assessments after the hearing but not later than June 1. The assessments so levied, must be paid in quarterly installments on or before the dates specified for installments paid pursuant to subsection 4 of NRS 361.483. Any installment payment that is not paid on or before the date on which it is due, together with any interest or penalty and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.
κ1995 Statutes of Nevada, Page 1460 (CHAPTER 463, SB 308)κ
and the cost of collecting any such amounts, is a lien upon the property upon which it is levied equal in priority to a lien for general taxes and may be collected in the same manner.
4. A district is not entitled to receive any distribution of supplemental city-county relief tax.
Sec. 5. NRS 279.676 is hereby amended to read as follows:
279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment project each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:
(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies [, except a tax imposed pursuant to NRS 268.780 to 268.785, inclusive, or 268.790 to 268.795, inclusive,] upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the project on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the state and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.
(b) That portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project. Unless the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in the project as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies. When such loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency in combination with the total revenue paid to any other redevelopment agencies and any tax increment areas of a municipality must not exceed:
κ1995 Statutes of Nevada, Page 1461 (CHAPTER 463, SB 308)κ
revenue paid to any other redevelopment agencies and any tax increment areas of a municipality must not exceed:
(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.
(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.
If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.
3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.
4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.
Sec. 6. NRS 361B.260 is hereby amended to read as follows:
361B.260 1. After the effective date of the ordinance, including any supplemental ordinance adopted pursuant to NRS 361B.250, unconditionally ordering the undertaking and providing for financing by tax increment, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the state, the municipality and any public body must be divided as follows:
(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies [, except a tax imposed pursuant to NRS 268.780 to 268.785, inclusive, or 268.790 to 268.795, inclusive,] upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies as taxes on all other property are paid.
(b) Except as otherwise provided in subsection 2, the portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking. Unless the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the area as shown by the last equalized assessment roll referred to in subsection 1, all of the taxes levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies.
κ1995 Statutes of Nevada, Page 1462 (CHAPTER 463, SB 308)κ
of the taxes levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a tax increment area in combination with the total revenue paid to any other tax increment areas and any redevelopment agencies of a municipality must not exceed:
(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.
(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.
If the revenue paid to a tax increment area must be limited pursuant to paragraph (a) or (b) and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue which would be allocated to a tax increment area but for the provisions of this section must be paid into the funds of the respective taxing agencies.
3. The taxing agencies shall continue to pay to a tax increment area any amount which was being paid before July 1, 1987, and in anticipation of which the area became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.
4. For the purposes of this section, the last equalized assessment roll referred to in subsection 1 is the assessment roll in existence on the 15th day of March immediately preceding the effective date of the ordinance.
Sec. 7. 1. In addition to districts created on or after January 1, 1996, the amendatory provisions of this act apply to:
(a) A taxing district created to defray the costs of police protection within a redevelopment area or urban renewal area pursuant to the provisions of NRS 268.780 to 268.785, inclusive, before January 1, 1996; and
(b) A taxing district created to defray the costs of maintenance within a redevelopment area or urban renewal area pursuant to the provisions of NRS 268.790 to 268.795, inclusive, before January 1, 1996,
and any such district must be converted to an assessment district in compliance with the amendatory provisions of this act on or before July 1, 1997, but shall remain a taxing district for the 1995-1996 fiscal year and may, as determined by the city council, remain a taxing district for the 1996-1997 fiscal year, notwithstanding the amendatory provisions of this act. The amendatory provisions of sections 1 to 6, inclusive, of this act do not apply to a district for any period after January 1, 1996, during which it remains a taxing district.
2. Before converting a taxing district to an assessment district pursuant to this act, the city council shall, in addition to the notice and hearing requirements imposed by subsection 3 of NRS 268.785, as amended by this act, on or before February 1 of the conversion year, mail a notice to each property owner in the district which states:
κ1995 Statutes of Nevada, Page 1463 (CHAPTER 463, SB 308)κ
or before February 1 of the conversion year, mail a notice to each property owner in the district which states:
(a) The authority for converting the taxing district to an assessment district as provided by this act;
(b) The apportionment method approved by the city council;
(c) The estimated assessment for the ensuing fiscal year for the property of the person to whom the notice is mailed; and
(d) The date, time and place of a public hearing after February 21 and before March 1 of the year in which the notice is sent for any objections to be noted to the apportionment method.
3. The city council shall hold a public hearing at the time and place set forth in the notice required pursuant to paragraph (d) of subsection 2 and may, but is not required to, adjust the apportionment method if it determines that such adjustment may be equitable and shall, if it makes such adjustments, continue the public hearing until not later than April 1 to allow objections to the adjusted apportionment method to be filed with the city clerk. The city council shall review all objections that are timely filed before making a final decision on the apportionment method.
Sec. 8. This act becomes effective on January 1, 1996.
________
Senate Bill No. 311Committee on Taxation
CHAPTER 464
AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to revise and clarify the provisions governing the exemption for aircraft and parts of aircraft; clarifying the provisions governing the administration of the existing exemption for aircraft and parts of aircraft; contingently creating the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. At the general election on November 5, 1996, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:
Notice is hereby given that at the general election on November 5, 1996, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
κ1995 Statutes of Nevada, Page 1464 (CHAPTER 464, SB 311)κ
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto. approved March 29, 1955, as amended.
THE PEOPLE OF THE STATE OF NEVADA, DO ENACT AS FOLLOWS:
Section 1. Section 61.5 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, as added by chapter 466, Statutes of Nevada 1985, at page 1441, is hereby amended to read as follows:
Sec. 61.5 There are exempted from the taxes imposed by this act the gross receipts from the sale [of aircraft and major components] , and the storage, use or other consumption in this state of:
1. Aircraft, aircraft engines and component parts of aircraft [, such as engines and other components made for use only in aircraft, to an air carrier which:
1. Holds a certificate to engage in air transportation issued pursuant to 49 U.S.C. § 1371 and is not solely a charter air carrier or a supplemental air carrier as described in Title 49 of the United States Code; and
2. Maintains its central office in Nevada and bases a majority of its aircraft in Nevada.] or aircraft engines which are manufactured exclusively for use in aircraft, sold or purchased for lease to a commercial air carrier for use in the transportation of persons or property in intrastate, interstate or foreign commerce pursuant to a certificate or license issued to the air carrier authorizing such transportation; and
2. Machinery, tools and other equipment and parts which are used exclusively in the repair, remodeling or maintenance of aircraft, aircraft engines or component parts of aircraft or aircraft engines which meet the requirements of subsection 1.
Sec. 2. This act becomes effective on January 1, 1997.
Sec. 4. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to revise and clarify the criteria used to determine which aircraft and parts of aircraft are exempt from the taxes imposed by the act, including removing the requirement that an air carrier must be based in Nevada to be eligible for the exemption, and providing an exemption for certain machinery and equipment used on eligible aircraft and parts of aircraft?
Yes o No o
Sec. 5. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
κ1995 Statutes of Nevada, Page 1465 (CHAPTER 464, SB 311)κ
(Explanation of Question)
The proposed amendment to the Sales and Use Tax Act of 1955 revises and clarifies the criteria used to determine which aircraft and parts of aircraft are exempt from the taxes imposed by the act, including removing the requirement that an air carrier must be based in Nevada to be eligible for the exemption, and providing an exemption for certain machinery and equipment used on eligible aircraft and parts of aircraft. If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same revision and exemption.
Sec. 6. If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 1997. lf less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted by a majority of those registered voters.
Sec. 9. Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:
On and after July 1, 1995, in administering the provisions of section 61.5 of chapter 397, Statutes of Nevada 1955, which is included in NRS as NRS 372.317, the department shall:
1. Not enforce any restriction on the applicability of the exemption provided therein which would violate the United States Constitution.
2. Apply the exemption to all types of sales to air carriers including both indirect sales to an entity which purchases the aircraft or major components of an aircraft for lease to and use by an air carrier that otherwise qualifies for the exemption and direct sales to air carriers.
Sec. 10. NRS 374.322 is hereby amended to read as follows:
374.322 There are exempted from the taxes imposed by this chapter the gross receipts from the sale [of aircraft and major components] , and the storage, use or other consumption in this state of:
1. Aircraft, aircraft engines and component parts of aircraft [, such as engines and other components made for use only in aircraft, to an air carrier which:
1. Holds a certificate to engage in air transportation issued pursuant to 49 U.S.C. § 1371 and is not solely a charter air carrier or a supplemental air carrier as described in Title 49 of the United States Code; and
2. Maintains its central office in Nevada and bases a majority of its aircraft in Nevada.] or aircraft engines which are manufactured exclusively for use in aircraft, sold or purchased for lease to a commercial air carrier for use in the transportation of persons or property in intrastate, interstate or foreign commerce pursuant to a certificate or license issued to the air carrier authorizing such transportation; and
κ1995 Statutes of Nevada, Page 1466 (CHAPTER 464, SB 311)κ
transportation of persons or property in intrastate, interstate or foreign commerce pursuant to a certificate or license issued to the air carrier authorizing such transportation; and
2. Machinery, tools and other equipment and parts which are used exclusively in the repair, remodeling or maintenance of aircraft, aircraft engines or component parts of aircraft or aircraft engines which meet the requirements of subsection 1.
Sec. 11. This act becomes effective on July 1, 1995.
________
Senate Bill No. 347Committee on Judiciary
(Requested by Nevada Society of Certified Public Accountants)
CHAPTER 465
AN ACT relating to business organizations; authorizing a new category of partnership whose members liability is limited; permitting accountants to practice as a limited-liability company; providing a penalty; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 87 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9.5, inclusive, of this act.
Sec. 2. 1. To become a registered limited-liability partnership, a partnership shall file with the secretary of state a certificate of registration stating each of the following:
(a) The name of the partnership.
(b) The street address of its principal office.
(c) The name of the person designated as the partnerships resident agent, the street address of the resident agent where process may be served upon the partnership and the mailing address of the resident agent if it is different than his street address.
(d) The name and business address of each managing partner in this state.
(e) A brief statement of the professional service rendered by the partnership.
(f) That the partnership thereafter will be a registered limited-liability partnership.
(g) Any other information that the partnership wishes to include.
2. The certificate of registration must be executed by a majority in interest of the partners or by one or more partners authorized to execute such a certificate.
3. The certificate of registration must be accompanied by a fee of $125.
4. The secretary of state shall register as a registered limited-liability partnership any partnership that submits a completed certificate of registration with the required fee.
κ1995 Statutes of Nevada, Page 1467 (CHAPTER 465, SB 347)κ
5. The registration of a registered limited-liability partnership is effective at the time of the filing of the certificate of registration.
Sec. 3. 1. A registered limited-liability partnership shall annually, not more than 60 days before the last day of the month in which the anniversary date of its registration occurs, file with the secretary of state a list of the names and business addresses of its managing partners in this state and a designation of its resident agent in this state. The information must be submitted on a form prescribed by the secretary of state and signed by a managing partner of the registered limited-liability partnership. The form must be accompanied by a fee of $85.
2. The secretary of state shall, at least 60 days before the last day for filing the annual list required by subsection 1, cause to be mailed to the registered limited-liability partnership the form required to be completed and filed with the secretary of state pursuant to this section. The failure of any registered limited-liability partnership to receive the form does not excuse it from complying with the provisions of this section.
3. An annual list that is filed by a registered limited-liability partnership which is not in default more than 60 days before it is due shall be deemed an amended list for the previous year.
Sec. 4. The registration of a registered limited-liability partnership is effective until:
1. Its certificate of registration is revoked pursuant to section 9.1 of this act; or
2. The registered limited-liability partnership files with the secretary of state a written notice of withdrawal executed by a managing partner. The notice must be accompanied by a fee of $30.
Sec. 5. The status of a partnership as a registered limited-liability partnership, and the liability of its partners, are not affected by errors in the information contained in a certificate of registration or an annual list required to be filed with the secretary of state, or by changes after the filing of such a certificate or list in the information contained in the certificate or list.
Sec. 6. 1. Except during the period described in subsection 3, a registered limited-liability partnership must have a resident agent who resides or is located in this state. A resident agent must have a street address for the service of process that is the principal office of the registered limited-liability company in this state, and may have a separate mailing address that is different from his street address.
2. A resident agent for a registered limited-liability partnership shall file a certificate of acceptance with the secretary of state.
3. A resident agent shall, within 30 days after changing the location of his office from one address to another address in this state, file a certificate with the secretary of state that sets forth the names of the registered limited-liability partnerships represented by the agent and the new address of his office.
Sec. 7. 1. A resident agent of a registered limited-liability partnership who wishes to resign shall file with the secretary of state a signed statement that he is unwilling to continue to act as the resident agent of the registered limited-liability partnership for service of process.
κ1995 Statutes of Nevada, Page 1468 (CHAPTER 465, SB 347)κ
limited-liability partnership for service of process. The execution of the statement must be acknowledged by a person competent to take an acknowledgement of deeds in this state. A resignation is not effective until the signed statement is filed with the secretary of state.
2. The statement of resignation may contain an acknowledged statement by the affected registered limited-liability partnership appointing a successor resident agent. A certificate of acceptance signed by the new agent, stating the full name, complete street address and, if different from the street address, the mailing address of the new agent, must accompany the statement appointing the new resident agent.
3. Upon the filing of the statement with the secretary of state, the capacity of the person as resident agent terminates. If the statement of resignation contains no statement by the registered limited-liability partnership appointing a successor resident agent, the resigning agent shall immediately give written notice, by certified mail, to the registered limited-liability partnership of the filing of the statement and its effect. The notice must be addressed to a managing partner in this state.
4. If a resident agent dies, resigns or removes himself from the state, the registered limited-liability partnership shall, within 30 days thereafter, file with the secretary of state a certificate of acceptance, executed by the new resident agent. The certificate must set forth the full name, complete street address and, if different from the street address, the mailing address of the newly designated resident agent. If a registered limited-liability partnership fails to file a certificate of acceptance within the period required by this subsection, it is in default and is subject to the provisions of section 9.1 of this act.
Sec. 8. The name of a registered limited-liability partnership must contain the words Limited-Liability Partnership or Registered Limited-Liability Partnership or the abbreviation L.L.P. or LLP as the last words or letters of the name.
Sec. 9. 1. To the extent permitted by the law of that jurisdiction:
(a) A partnership, including a registered limited-liability partnership, formed and existing under this chapter, may conduct its business, carry on its operations, and exercise the powers granted by this chapter in any state, territory, district or possession of the United States or in any foreign country.
(b) The internal affairs of a partnership, including a registered limited-liability partnership, formed and existing under this chapter, including the liability of partners for debts, obligations and liabilities of or chargeable to the partnership, are governed by the law of this state.
2. Subject to any statutes for the regulation and control of specific types of business, a registered limited-liability partnership, formed and existing under the law of another jurisdiction, may do business in this state if it first registers with the secretary of state pursuant to the provisions of sections 2 to 9.5, inclusive, of this act.
3. The name of a partnership that is registered as a limited-liability partnership in another jurisdiction and doing business in this state must contain the words Limited-Liability Partnership or Registered Limited-Liability Partnership or the abbreviations L.L.P. or LLP, or such other words or abbreviations as may be required or authorized by the law of the other jurisdiction, as the last words or letters of the name.
κ1995 Statutes of Nevada, Page 1469 (CHAPTER 465, SB 347)κ
or abbreviations as may be required or authorized by the law of the other jurisdiction, as the last words or letters of the name.
Sec. 9.1. 1. A registered limited-liability partnership that fails to comply with the provisions of section 3 of this act is in default.
2. Any registered limited-liability partnership that is in default pursuant to subsection 1 must, in addition to the fee required to be paid pursuant to section 3 of this act, pay a penalty of $15.
3. On or before the 15th day of the third month after the month in which the fee required to be paid pursuant to section 3 of this act is due, the secretary of state shall notify, by certified mail, the resident agent of any registered limited-liability partnership that is in default. The notice must include the amount of any payment that is due from the registered limited-liability partnership.
4. If a registered limited-liability partnership fails to pay the amount that is due, the certificate of registration of the registered limited-liability partnership shall be deemed revoked on the first day of the ninth month after the month in which the fee required to be paid pursuant to section 3 of this act was due. The secretary of state shall notify a registered limited-liability partnership, by certified mail, addressed to its resident agent or, if the registered limited-liability partnership does not have a resident agent, to a managing partner, that its certificate of registration is revoked and the amount of any fees and penalties that are due.
Sec. 9.2. 1. Except as otherwise provided in subsection 3, the secretary of state shall reinstate the certificate of registration of a registered limited-liability partnership that is revoked pursuant to section 9.1 of this act if the registered limited-liability partnership:
(a) Files with the secretary of state the information required by section 3 of this act; and
(b) Pays to the secretary of state:
(1) The fee required to be paid by that section;
(2) Any penalty required to be paid pursuant to section 9.1 of this act; and
(3) A reinstatement fee of $50.
2. Upon reinstatement of a certificate of registration pursuant to this section, the secretary of state shall:
(a) Deliver to the registered limited-liability partnership a certificate of reinstatement authorizing it to transact business retroactively from the date the fee required by section 3 of this act was due; and
(b) Upon request, issue to the registered limited-liability partnership one or more certified copies of the certificate of reinstatement.
3. The secretary of state shall not reinstate the certificate of registration of a registered limited-liability partnership if the certificate was revoked pursuant to section 9.1 of this act at least 5 years before the date of the proposed reinstatement.
Sec. 9.3. 1. If a registered limited-liability partnership wishes to change the location of its principal office in this state or its resident agent, it shall first file with the secretary of state a certificate of change that sets forth:
(a) The name of the registered limited-liability partnership;
(b) The street address of its principal office;
κ1995 Statutes of Nevada, Page 1470 (CHAPTER 465, SB 347)κ
(c) If the location of its principal office will be changed, the street address of its new principal office;
(d) The name of its resident agent; and
(e) If its resident agent will be changed, the name of its new resident agent.
The certificate of acceptance of its new resident agent must accompany the certificate of change.
2. A certificate of change filed pursuant to this section must be:
(a) Signed by a managing partner of the registered limited-liability partnership;
(b) Acknowledged by a person competent to take an acknowledgment of deeds in this state; and
(c) Accompanied by a fee of $15.
Sec. 9.4. 1. A certificate of registration of a registered limited-liability partnership may be amended by filing with the secretary of state a certificate of amendment. The certificate of amendment must set forth:
(a) The name of the registered limited-liability partnership;
(b) The dates on which the registered limited-liability partnership filed its original certificate of registration and any other certificates of amendment; and
(c) The change to the information contained in the original certificate of registration or any other certificates of amendment.
2. The certificate of amendment must be:
(a) Signed by a managing partner of the registered limited-liability partnership; and
(b) Accompanied by a fee of $75.
Sec. 9.5. In addition to any other fees required by sections 2 to 9.4, inclusive, of this act, the secretary of state shall charge and collect the following fees for services rendered pursuant to those sections:
1. For certifying documents required by sections 2 to 9.4, inclusive, of this act, $10.
2. For executing a certificate verifying the existence of a registered limited-liability partnership, if the registered limited-liability partnership has not filed a certificate of amendment, $15.
3. For executing a certificate verifying the existence of a registered limited-liability partnership, if the registered limited-liability partnership has filed a certificate of amendment, $20.
4. For executing, certifying or filing any certificate or document not required by sections 2 to 9.4, inclusive, of this act, $20.
5. For any copies made by the office of the secretary of state, $1 per page.
6. For examining and provisionally approving any document before the document is presented for filing, $100.
Sec. 10. NRS 87.020 is hereby amended to read as follows:
87.020 As used in this chapter, unless the context otherwise requires:
1. Bankrupt includes bankrupt under the Federal Bankruptcy Act or insolvent under any state insolvent act.
2. Business includes every trade, occupation [,] or profession.
3. Conveyance includes every assignment, lease, mortgage [,] or encumbrance.
4. Court includes every court and judge having jurisdiction in the case.
κ1995 Statutes of Nevada, Page 1471 (CHAPTER 465, SB 347)κ
5. Professional service means any type of personal service which may legally be performed only pursuant to a license or certificate of registration.
6. Real property includes land and any interest or estate in land.
7. Registered limited-liability partnership means a partnership formed pursuant to an agreement governed by this chapter for the purpose of rendering a professional service and registered pursuant to and complying with sections 2 to 9.5, inclusive, of this act.
Sec. 11. NRS 87.060 is hereby amended to read as follows:
87.060 1. [A] Except as otherwise provided in subsection 2, a partnership is an association of two or more persons to carry on as co-owners a business for profit [.
2. But any] , and includes a registered limited-liability partnership.
2. Any association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this chapter, unless [such] the association would have been a partnership in this state [prior to] before July 1, 1931 . [; but this chapter shall apply] This chapter applies to limited partnerships except in so far as the statutes relating to such partnerships are inconsistent [herewith] with it.
Sec. 12. NRS 87.150 is hereby amended to read as follows:
87.150 [All]
1. Except as otherwise provided in subsection 2, all partners are liable:
[1.] (a) Jointly and severally for everything chargeable to the partnership under NRS 87.130 and 87.140.
[2.] (b) Jointly for all other debts and obligations of the partnership; but any partner may enter into a separate obligation to perform a partnership contract.
2. Subject to subsection 3, a partner in a registered limited-liability partnership is not liable directly or indirectly, by way of indemnification, contribution, assessment or otherwise, for debts, obligations or liabilities of or chargeable to the partnership, whether in contract, tort or otherwise, arising from omissions, negligence, wrongful acts, misconduct or malpractice committed while the partnership is a registered limited-liability partnership and in the course of the partnership business by another partner or an employee, agent or representative of the partnership.
3. Subsection 2 does not affect the liability of a partner in a registered limited-liability partnership for his own omissions, negligence, wrongful acts, misconduct or malpractice or that of any person under his direct supervision and control.
4. A partner in a registered limited-liability partnership is not a proper party to a proceeding by or against the registered limited-liability partnership, the object of which is to recover damages or enforce the obligations arising out of the acts, omissions, malpractice or misconduct of the type described in subsection 2 unless he is personally liable under subsection 3.
Sec. 13. NRS 87.180 is hereby amended to read as follows:
87.180 The rights and duties of the partners in relation to the partnership [shall be] are determined, subject to any agreement between them, by the following rules:
1. Each partner [shall] must be repaid his contributions, whether by way of capital or advances to the partnership property , and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied .
κ1995 Statutes of Nevada, Page 1472 (CHAPTER 465, SB 347)κ
profits and surplus remaining after all liabilities, including those to partners, are satisfied . [; and must] Except as otherwise provided in subsection 2 of NRS 87.150, each partner shall contribute towards the losses, whether of capital or otherwise, sustained by the partnership according to his share in the profits.
2. The partnership [must] shall indemnify every partner in respect of payments made and personal liabilities reasonably incurred by him in the ordinary and proper conduct of its business, or for the preservation of its business or property.
3. A partner, who in aid of the partnership makes any payment or advance beyond the amount of capital which he agreed to contribute, [shall] must be paid interest from the date of the payment or advance.
4. A partner [shall] may receive interest on the capital contributed by him only from the date when repayment should be made.
5. All partners have equal rights in the management and conduct of the partnership business.
6. No partner is entitled to remuneration for acting in the partnership business, except that a surviving partner is entitled to reasonable compensation for his services in winding up the partnership affairs.
7. No person [can] may become a member of a partnership without the consent of all the partners.
8. Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners . [; but no] No act in contravention of any agreement between the partners may be done rightfully without the consent of all partners.
Sec. 14. NRS 87.340 is hereby amended to read as follows:
87.340 Where the dissolution is caused by the act, death or bankruptcy of a partner, each partner is liable to his copartners for his share of any liability created by any partner acting for the partnership as if the partnership had not been dissolved unless:
1. The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution; [or]
2. The dissolution being by the death or bankruptcy of a partner, the partner acting for the partnership had knowledge or notice of the death or bankruptcy [.] ; or
3. The liability is one for which he is not liable under subsection 2 of NRS 87.150.
Sec. 15. NRS 87.360 is hereby amended to read as follows:
87.360 1. The dissolution of the partnership does not of itself discharge the existing liability of any partner.
2. A partner is discharged from any existing liability upon dissolution of the partnership by an agreement to that effect between himself, the partnership creditor and the person or partnership continuing the business . [; and such] Such an agreement may be inferred from the course of dealing between the creditor having knowledge of the dissolution and the person or partnership continuing the business.
3. Where a person agrees to assume the existing obligations of a dissolved partnership, the partners whose obligations have been assumed [shall be] are discharged from any liability to any creditor of the partnership who, knowing of the agreement, consents to a material alteration in the nature or time of payment of such obligations.
κ1995 Statutes of Nevada, Page 1473 (CHAPTER 465, SB 347)κ
of the agreement, consents to a material alteration in the nature or time of payment of such obligations.
4. The individual property of a deceased partner [shall be] is liable for all obligations of the partnership incurred while he was a partner and for which he was liable under NRS 87.150, but is subject to the prior payment of his separate debts.
Sec. 16. NRS 87.400 is hereby amended to read as follows:
87.400 In settling accounts between the partners after dissolution, the following rules [shall] must be observed, subject to any agreement to the contrary:
1. The assets of the partnership are:
(a) The partnership property; and
(b) The contributions of the partners [necessary for the payment of all the liabilities] specified in subsection [2.] 4.
2. The liabilities of the partnership [shall] rank in order of payment, as follows:
(a) Those owing to creditors other than partners.
(b) Those owing to partners other than for capital and profits.
(c) Those owing to partners in respect of capital.
(d) Those owing to partners in respect of profits.
3. The assets [shall] must be applied in order of their declaration in subsection 1 to the satisfaction of the liabilities.
4. Except as otherwise provided in subsection 2 of NRS 87.150:
(a) The partners shall contribute, as provided by subsection 1 of NRS 87.180, the amount necessary to satisfy the liabilities; [but if] and
(b) If any, but not all, of the partners are insolvent, or, not being subject to process, refuse to contribute, the other partners shall contribute their share of the liabilities, and, in the relative proportions in which they share the profits, the additional amount necessary to pay the liabilities.
5. An assignee for the benefit of creditors or any person appointed by the court [shall have the right to] may enforce the contributions specified in subsection 4.
6. Any partner or his legal representative [shall have the right to] may enforce the contributions specified in subsection 4, to the extent of the amount which he has paid in excess of his share of the liability.
7. The individual property of a deceased partner [shall be] is liable for the contributions specified in subsection 4.
8. When partnership property and the individual properties of the partners are in possession of a court for distribution, partnership creditors [shall] have priority on partnership property and separate creditors on individual property, saving the rights of lien or secured creditors as heretofore.
9. Where a partner has become bankrupt or his estate is insolvent , the claims against his separate property [shall] rank in the following order:
(a) Those owing to separate creditors.
(b) Those owing to partnership creditors.
(c) Those owing to partners by way of contribution.
Sec. 17. Chapter 628 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 to 21, inclusive, of this act.
κ1995 Statutes of Nevada, Page 1474 (CHAPTER 465, SB 347)κ
Sec. 18. 1. A limited-liability company organized for the practice of public accounting shall register with the board as a limited-liability company of certified public accountants and comply with the following requirements:
(a) The sole purpose and business of the limited-liability company must be to furnish to the public services not inconsistent with this chapter or the regulations of the board, except that the limited-liability company may invest its money in a manner not incompatible with the practice of public accounting.
(b) Each member of the limited-liability company must be a certified public accountant of some state in good standing, and be principally employed by the limited-liability company or actively engaged in its business. No other person may have any interest in the limited-liability company. The manager, if any, of the limited-liability company must be a certified public accountant of some state in good standing.
(c) At least one member of the limited-liability company must be a certified public accountant of this state in good standing.
(d) Each person in charge of an office of the limited-liability company in this state and each member who is regularly and personally engaged within this state in the practice of public accounting must be a certified public accountant of this state in good standing.
(e) In order to facilitate compliance with the provisions of this section relating to the ownership of interests, there must be a written agreement binding the members or the limited-liability company to purchase any interest offered for sale by, or not under the ownership or effective control of, a qualified member.
(f) The limited-liability company shall comply with other regulations pertaining to limited-liability companies practicing public accounting in this state adopted by the board.
2. Application for registration must be made upon the affidavit of the manager or a member of the limited-liability company. The affiant must hold a live permit to practice in this state as a certified public accountant. The board shall determine whether the applicant is eligible for registration and may charge an initial fee and an annual renewal fee set by the board by regulation. A limited-liability company which is so registered may use the words certified public accountants or the abbreviation C.P.A.s or CPAs in connection with its name. Notice must be given to the board within 1 month after the admission to or withdrawal of a member from any limited-liability company so registered.
Sec. 19. 1. A corporation organized for the practice of public accounting shall register with the board as a corporation of certified public accountants and comply with the following requirements:
(a) The sole purpose and business of the corporation must be to furnish to the public services not inconsistent with this chapter or the regulations of the board, except that the corporation may invest its money in a manner not incompatible with the practice of public accounting.
(b) Each shareholder of the corporation must be a certified public accountant of some state in good standing, and be principally employed by the corporation or actively engaged in its business. No other person may have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant of some state in good standing.
κ1995 Statutes of Nevada, Page 1475 (CHAPTER 465, SB 347)κ
corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant of some state in good standing.
(c) At least one shareholder of the corporation must be a certified public accountant of this state in good standing.
(d) Each resident manager in charge of an office of the corporation in this state and each shareholder or director who is regularly and personally engaged within this state in the practice of public accounting must be a certified public accountant of this state in good standing.
(e) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(f) The corporation shall comply with other regulations pertaining to corporations practicing public accounting in this state adopted by the board.
2. Application for registration must be made upon the affidavit of a shareholder who holds a live permit to practice in this state as a certified public accountant. The board shall determine whether the applicant is eligible for registration and may charge an initial fee and an annual renewal fee set by the board by regulation. A corporation which is so registered may use the words certified public accountants or the abbreviation C.P.A.s or CPAs in connection with its corporation name. Notice must be given to the board within 1 month after the admission to or withdrawal of a shareholder from any corporation so registered.
Sec. 20. 1. A limited-liability company organized for the practice of public accounting shall register with the board as a limited-liability company of public accountants and comply with the following requirements:
(a) The sole purpose and business of the limited-liability company must be to furnish to the public services not inconsistent with this chapter or the regulations of the board, except that the limited-liability company may invest its money in a manner not incompatible with the practice of public accounting.
(b) Each member of the limited-liability company must be a certified public accountant in any state or a public accountant of this state in good standing, and be principally employed by the limited-liability company or actively engaged in its business. No other person may have any interest in the limited-liability company. The manager, if any, of the limited-liability company must be a certified public accountant or registered public accountant of this state in good standing.
(c) Each person in charge of an office of the limited-liability company in this state must be a certified public accountant or a registered public accountant of this state in good standing.
(d) In order to facilitate compliance with the provisions of this section relating to the ownership of interests, there must be a written agreement binding the members or the limited-liability company to purchase any interest offered for sale by, or not under the ownership or effective control of, a qualified member.
κ1995 Statutes of Nevada, Page 1476 (CHAPTER 465, SB 347)κ
offered for sale by, or not under the ownership or effective control of, a qualified member.
(e) The limited-liability company shall comply with other regulations pertaining to limited-liability companies practicing public accounting in this state adopted by the board.
2. Application for registration must be made upon the affidavit of the manager or a member of the limited-liability company. The affiant must hold a live permit to practice in this state as a certified public accountant or as a registered public accountant. The board shall determine whether the applicant is eligible for registration. The board may charge a registration fee and renewal fee and a reporting fee in an amount set by regulation. A limited-liability company which is so registered may use the words public accountants in connection with its name. Notice must be given to the board within 1 month after the admission to or withdrawal of a member of a limited-liability company so registered.
Sec. 21. 1. A corporation organized for the practice of public accounting shall register with the board as a corporation of public accountants and comply with the following requirements:
(a) The sole purpose and business of the corporation must be to furnish to the public services not inconsistent with this chapter or the regulations of the board, except that the corporation may invest its money in a manner not incompatible with the practice of public accounting.
(b) Each shareholder of the corporation must be a certified public accountant in any state or a public accountant of this state in good standing, and be principally employed by the corporation or actively engaged in its business. No other person may have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant or registered public accountant of this state in good standing.
(c) Each resident manager in charge of an office of the corporation in this state must be a certified public accountant or a registered public accountant of this state in good standing.
(d) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(e) The corporation shall comply with other regulations pertaining to corporations practicing public accounting in this state adopted by the board.
2. Application for registration must be made upon the affidavit of a shareholder who holds a live permit to practice in this state as a certified public accountant or as a registered public accountant. The board shall determine whether the applicant is eligible for registration. The board may charge a registration fee and renewal fee and a reporting fee in an amount set by regulation. A corporation which is so registered may use the words public accountants in connection with its corporate name. Notice must be given to the board, within 1 month, after the admission to or withdrawal of a shareholder from any corporation so registered.
κ1995 Statutes of Nevada, Page 1477 (CHAPTER 465, SB 347)κ
the board, within 1 month, after the admission to or withdrawal of a shareholder from any corporation so registered.
Sec. 22. NRS 628.325 is hereby amended to read as follows:
628.325 1. One or more [individual] natural persons may organize a corporation for the practice of public accounting under the Professional Corporations and Associations Act [.] , chapter 89 of NRS. The corporation [shall not be] is not required to have more directors than shareholders, but at least one director [shall] must be a shareholder. The other directors need not, but may, be shareholders.
2. One or more natural persons may organize a limited-liability company pursuant to chapter 86 of NRS to practice public accounting. Organization in this form does not modify the relationship between accountant and client, or liability arising out of that relationship, but his section does not render:
(a) A person liable in tort for any act in which he has not personally participated.
(b) The manager, a member or an employee of a limited-liability company liable in contract for any contract which he executes on behalf of a limited-liability company within the limits of his authority.
Sec. 23. NRS 628.340 is hereby amended to read as follows:
628.340 1. A partnership engaged in this state in the practice of public accounting shall register with the board as a partnership of certified public accountants and meet the following requirements:
(a) At least one general partner must be a certified public accountant of this state in good standing.
(b) Each partner who is a resident of this state and is personally and regularly engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant of this state in good standing.
(c) Each partner who personally engages in the practice of public accounting in this state and who is not a resident of this state and is not regularly employed in an office of the firm in this state must be a certified public accountant in good standing of some state or a jurisdiction of the United States approved by the board by regulation.
(d) Each partner who is regularly engaged in the practice of public accounting within the United States must be a certified public accountant in good standing of some state or jurisdiction of the United States approved by the board by regulation.
(e) Each resident manager in charge of an office of the firm in this state must be a certified public accountant of this state in good standing.
(f) A corporation or limited-liability company which is registered pursuant to [this] section 18 or 19 of this act may be a partner, and a partnership [so] which is registered pursuant to this section may be a general partner, in a partnership engaged in the practice of public accounting.
2. [A corporation organized for the practice of public accounting shall register with the board as a corporation of certified public accountants if it meets the following requirements:
(a) The sole purpose and business of the corporation must be to furnish to the public services not inconsistent with this chapter or the regulations of the board; but the corporation may invest its money in a manner not incompatible with the practice of public accounting.
κ1995 Statutes of Nevada, Page 1478 (CHAPTER 465, SB 347)κ
board; but the corporation may invest its money in a manner not incompatible with the practice of public accounting.
(b) Each shareholder of the corporation must be a certified public accountant of some state in good standing, and be principally employed by the corporation or actively engaged in its business. No other person may have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant of some state in good standing.
(c) At least one shareholder of the corporation must be a certified public accountant of this state in good standing.
(d) Each resident manager in charge of an office of the corporation in this state and each shareholder or director who is regularly and personally engaged within this state in the practice of public accounting must be a certified public accountant of this state in good standing.
(e) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(f) The corporation shall comply with other regulations pertaining to corporations practicing public accounting in this state adopted by the board.
3.] Application for registration must be made upon the affidavit of a general partner [of a partnership, or a shareholder for a corporation,] who holds a live permit to practice in this state as a certified public accountant. The board shall [in each case] determine whether the applicant is eligible for registration and may charge an initial fee and an annual renewal fee set by the board by regulation. A partnership [or corporation] which is so registered may use the words certified public accountants or the abbreviation C.P.A.s or CPAs in connection with its partnership [or corporate] name. Notice must be given to the board within 1 month after the admission to or withdrawal of a partner [or shareholder] from any partnership [or corporation] so registered.
Sec. 24. NRS 628.360 is hereby amended to read as follows:
628.360 1. A partnership engaged in this state in the practice of public accounting shall register with the board as a partnership of public accountants and meet the following requirements:
(a) At least one general partner thereof must be a certified public accountant or a registered public accountant of this state in good standing.
(b) Each partner thereof personally and regularly engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant or a registered public accountant of this state in good standing.
(c) Each resident manager in charge of an office of [a] the firm in this state must be a certified public accountant or a registered public accountant of this state in good standing.
κ1995 Statutes of Nevada, Page 1479 (CHAPTER 465, SB 347)κ
(d) A corporation or limited-liability company which is registered pursuant to [this] section 20 or 21 of this act may be a partner, and a partnership [so] which is registered pursuant to this section may be a general partner, in a partnership engaged in the practice of public accounting.
2. [A corporation organized for the practice of public accounting shall register with the board as a corporation of public accountants if it meets the following requirements:
(a) The sole purpose and business of the corporation must be to furnish to the public services not inconsistent with this chapter or the regulations of the board; but the corporation may invest its funds in a manner not incompatible with the practice of public accounting.
(b) Each shareholder of the corporation must be a certified public accountant in any state or a public accountant of this state in good standing, and be principally employed by the corporation or actively engaged in its business. No other person may have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant or registered public accountant of this state in good standing.
(c) Each resident manager in charge of an office of the corporation in this state must be a certified public accountant or a registered public accountant of this state in good standing.
(d) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(e) The corporation shall comply with other regulations pertaining to corporations practicing public accounting in this state adopted by the board.
3.] Application for registration must be made upon the affidavit of a general partner [for a partnership, or shareholder for a corporation,] who holds a live permit to practice in this state as a certified public accountant or as a registered public accountant. The board shall [in each case] determine whether the applicant is eligible for registration. The board may charge a registration fee and renewal fee and a reporting fee in an amount set by regulation. A partnership [or corporation] which is so registered may use the words public accountants in connection with its partnership [or corporate] name. Notice must be given to the board, within 1 month, after the admission to or withdrawal of a partner [or shareholder] from any partnership [or corporation] so registered.
Sec. 25. NRS 628.370 is hereby amended to read as follows:
628.370 1. Each office established or maintained in this state for the practice of public accounting in this state by a certified public accountant [,] or a partnership , [or] corporation or limited-liability company composed of certified public accountants, or by a registered public accountant or a partnership , [or] corporation or limited-liability company composed of registered public accountants, must be registered annually under this chapter with the board.
κ1995 Statutes of Nevada, Page 1480 (CHAPTER 465, SB 347)κ
public accountants, must be registered annually under this chapter with the board. No fee may be charged for this registration.
2. Each office must be under the direct supervision of a resident manager, who may be a partner, shareholder , member or employee holding a live permit, but the title or designation certified public accountant or the abbreviation C.P.A. or CPA may not be used in connection with that office unless the resident manager is the holder of a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, and a live permit. A resident manager may serve in that capacity at one office only.
3. The board shall by regulation prescribe the procedure to be followed in registering offices.
Sec. 26. NRS 628.390 is hereby amended to read as follows:
628.390 1. After giving notice and conducting a hearing, the board may revoke, or may suspend for a period of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant under NRS 628.350, or any registration of a partnership, corporation , limited-liability company or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may censure the holder of any permit, for any one or any combination of the following causes:
(a) Fraud or deceit in obtaining a certificate as certified public accountant, or in obtaining registration or a license as a public accountant under this chapter, or in obtaining a permit to practice public accounting under this chapter.
(b) Dishonesty, fraud or gross negligence by a certified or registered public accountant in the practice of public accounting or, if not in the practice of public accounting, of a kind which adversely affects the ability to perform public accounting.
(c) Violation of any of the provisions of this chapter.
(d) Violation of a regulation or rule of professional conduct adopted by the board under the authority granted by this chapter.
(e) Conviction of a felony under the laws of any state or of the United States.
(f) Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States.
(g) Cancellation, revocation, suspension or refusal to renew authority to practice as a certified public accountant or a registered public accountant by any other state, for any cause other than failure to pay an annual registration fee or to comply with requirements for continuing education or review of his practice in the other state.
(h) Suspension or revocation of the right to practice before any state or federal agency.
(i) Unless the person has been placed on inactive or retired status, failure to obtain an annual permit under NRS 628.380, within:
(1) One year after the expiration date of the permit to practice last obtained or renewed by the certificate holder or registrant; or
(2) One year after the date upon which the certificate holder or registrant was granted his certificate or registration, if no permit was ever issued to him, unless the failure has been excused by the board.
κ1995 Statutes of Nevada, Page 1481 (CHAPTER 465, SB 347)κ
(j) Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.
2. In addition to other penalties prescribed by this section, the board may impose a civil penalty of not more than $5,000 for each violation. The board may recover:
(a) Attorneys fees and costs incurred in respect to a hearing held pursuant to subsection 1 from a licensee if he is found in violation thereof; and
(b) Attorneys fees and costs incurred in the recovery of a civil penalty imposed.
Sec. 27. NRS 628.400 is hereby amended to read as follows:
628.400 1. After giving notice and conducting a hearing, the board shall revoke the registration of a partnership , [or] corporation or limited-liability company if at any time it does not have all the qualifications prescribed by the section of this chapter under which it qualified for registration.
2. After giving notice and conducting a hearing, the board may revoke or suspend the registration of a partnership [or corporation] , corporation or limited-liability company, or may censure the partnership [or corporation,] , corporation or limited-liability company, or impose a sanction authorized by NRS 628.390, for any of the causes enumerated in NRS 628.390, or for one or both of the following additional causes:
(a) The revocation or suspension of the certificate or registration or the revocation or suspension or refusal to renew the permit to practice of any partner or shareholder who is personally engaged in the practice of public accounting in this state, whether or not he holds a live permit in this state.
(b) The cancellation, revocation, suspension or refusal to renew the authority of the partnership , [or] corporation or limited-liability company, or any partner , [or] shareholder or member thereof to practice public accounting in any other state for any cause other than failure to pay an annual registration fee or comply with a requirement for continuing education or practice review in the other state.
Sec. 28. NRS 628.440 is hereby amended to read as follows:
628.440 1. [Nothing contained in this chapter prohibits] This chapter does not prohibit any person from serving as an employee of, or an assistant to, a certified public accountant or registered public accountant who holds a live permit, or a partnership , [or] corporation or limited-liability company composed of certified public accountants or registered public accountants registered pursuant to NRS 628.340 [and] or 628.360 or section 18, 19, 20 or 21 of this act if the employee or assistant does not issue any accounting or financial statement over his name.
2. The board may adopt regulations providing for the issuance of temporary permits to persons who do not hold live permits and do not have a registered office or residence in this state, or to partnerships , [and] corporations and limited-liability companies which are not registered and have no registered office, to permit those persons, partnerships , [and] corporations and limited-liability companies to fulfill specific engagements or employments in this state. A temporary permit:
(a) Is valid for no more than 6 months;
(b) Covers only one engagement; and
κ1995 Statutes of Nevada, Page 1482 (CHAPTER 465, SB 347)κ
(c) May not be issued to any person unless he is a certified public accountant or registered public accountant of another state or jurisdiction of the United States approved by the board, or to any partnership , [or] corporation or limited-liability company unless all of the partners , [or] shareholders or members thereof are certified public accountants or registered public accountants of another state or a jurisdiction of the United States approved by the board.
3. Each person, partnership , [and] corporation and limited-liability company applying for a temporary permit shall file with the board a designation and acceptance of a resident agent for service of legal process and shall pay a fee established by the board by regulation before commencing work for a client.
4. The person, partner , [or] shareholder or member who is responsible for the conduct of the engagement shall be deemed to be personally engaged in the practice of public accounting in this state, and must meet all requirements of NRS 628.310 and requirements for continuing education.
5. A person who holds a temporary permit is subject to all of the provisions of this chapter relating to discipline. The board may refuse to act upon an application for further permits for a period of time set by the board, or may refuse to issue a temporary permit to any person, partnership , [or] corporation or limited-liability company if disciplinary proceedings are pending in any jurisdiction.
Sec. 29. NRS 628.460 is hereby amended to read as follows:
628.460 A partnership , [or] corporation or limited-liability company shall not assume or use the title or designation certified public accountant or the abbreviation C.P.A. or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the partnership , [or] corporation or limited-liability company is composed of certified public accountants unless the partnership , [or] corporation or limited-liability company is registered as a partnership , [or] corporation or limited-liability company of certified public accountants [under NRS 628.340] and all offices of the partnership , [or] corporation or limited-liability company in this state for the practice of public accounting are maintained and registered as required under NRS 628.370.
Sec. 30. NRS 628.480 is hereby amended to read as follows:
628.480 A partnership , [or] corporation or limited-liability company shall not assume or use the title or designation public accountant or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the partnership , [or] corporation or limited-liability company is composed of public accountants, unless the partnership , [or] corporation or limited-liability company is registered as a partnership , [or] corporation or limited-liability company of registered public accountants [under NRS 628.360] or as a partnership , [or] corporation or limited-liability company of certified public accountants [under NRS 628.340] and all offices of the partnership , [or] corporation or limited-liability company in this state for the practice of public accounting are maintained and registered as required under NRS 628.370.
κ1995 Statutes of Nevada, Page 1483 (CHAPTER 465, SB 347)κ
Sec. 31. NRS 628.490 is hereby amended to read as follows:
628.490 1. Except as otherwise provided in subsection 2, a person, partnership , [or] corporation or limited-liability company shall not assume or use the title or designation certified accountant or any other title or designation likely to be confused with certified public accountant, or public accountant, or any of the abbreviations C.A., P.A., or similar abbreviations likely to be confused with C.P.A.
2. Anyone who holds a live permit and all of whose offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370 and 628.380 may hold himself out to the public as an accountant or auditor and if he is a holder of a certificate, as a certified public accountant, C.P.A. or CPA, or if he is registered, as a public accountant, P.A. or PA.
Sec. 32. NRS 628.510 is hereby amended to read as follows:
628.510 1. Except as otherwise provided in subsection 2, a person shall not sign or affix his name or the name of a partnership [or corporation,] , corporation or limited-liability company, or any trade or assumed name used by him or by the partnership , [or] corporation or limited-liability company in business, with any wording indicating that he is an accountant or auditor, or with any wording indicating that he or the partnership , [or] corporation or limited-liability company has expert knowledge in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless he holds a live permit, or the partnership , [or] corporation or limited-liability company is registered pursuant to NRS 628.340 or 628.360 [,] or section 18, 19, 20 or 21 of this act and all of his offices in this state for the practice of public accounting are maintained and registered under NRS 628.370.
2. The provisions of subsection 1 do not prohibit:
(a) Any officer, employee, partner , [or] principal or member of any organization from affixing his signature to any statement or report in reference to the financial affairs of that organization with any wording designating the position, title or office which he holds in the organization.
(b) Any act of a public official or public employee in the performance of his duties as such.
Sec. 33. NRS 628.520 is hereby amended to read as follows:
628.520 A person shall not sign or affix [a partnership or corporate name,] the name of a partnership, corporation or limited-liability company, with any wording indicating that it is a partnership , [or] corporation or limited-liability company composed of accountants or auditors or persons having expert knowledge or special expertise in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless the partnership , [or] corporation or limited-liability company is registered pursuant to NRS 628.340 or 628.360 [,] or section 18, 19, 20 or 21 of this act and all of its offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370.
Sec. 34. NRS 628.540 is hereby amended to read as follows:
628.540 1. Except as otherwise provided in subsection 2, a person, partnership , [or] corporation or limited-liability company shall not engage in the practice of public accounting or hold himself or itself out to the public as an accountant or auditor by use of either or both of those words, or by use of the word accounting, or any sign, card, letterhead or in any advertisement or directory unless, if a natural person, he holds a live permit, or if a partnership [or corporation] , corporation or limited-liability company, it is registered pursuant to NRS 628.340 or 628.360 [.]
κ1995 Statutes of Nevada, Page 1484 (CHAPTER 465, SB 347)κ
the practice of public accounting or hold himself or itself out to the public as an accountant or auditor by use of either or both of those words, or by use of the word accounting, or any sign, card, letterhead or in any advertisement or directory unless, if a natural person, he holds a live permit, or if a partnership [or corporation] , corporation or limited-liability company, it is registered pursuant to NRS 628.340 or 628.360 [.] or section 18, 19, 20 or 21 of this act.
2. The provisions of subsection 1 do not prohibit:
(a) Any officer, employee, partner, shareholder , [or] principal or member of any organization from describing himself by the position, title or office he holds in that organization.
(b) Any act of a public official or public employee in the performance of his duties as such.
Sec. 35. NRS 628.550 is hereby amended to read as follows:
628.550 1. A person shall not assume or use the title or designation certified public accountant or public accountant in conjunction with names indicating or implying that there is a partnership [or corporation,] , corporation or limited-liability company, or in conjunction with the designation and Company or and Co. or a similar designation if there is in fact no bona fide partnership , [or] corporation or limited-liability company registered under NRS 628.340 or 628.360 [.] or section 18, 19, 20 or 21 of this act. A sole proprietor or partnership lawfully using a title or designation in conjunction with any names or designation on April 1, 1960, may continue to do so if he or it otherwise complies with the provisions of this chapter.
2. A person, partnership , [or] corporation or limited-liability company shall not engage in the practice of public accounting under any name which is misleading as to:
(a) The legal form of the firm;
(b) The persons who are partners, officers [or shareholders;] , shareholders or members; or
(c) Any other matter.
The names of past partners , [or] shareholders or members may be included in the name of a firm or its successors.
________
κ1995 Statutes of Nevada, Page 1485κ
Senate Bill No. 362Senator Titus
CHAPTER 466
AN ACT relating to health care; abolishing the state health coordinating council; eliminating the requirement that certain projects of health facilities be approved by the director of the department of human resources; requiring the department of human resources to prepare for publication annually a list of hospitals and their charges for services; eliminating the requirement that the department make certain quarterly reports to the legislative committee on health care; expanding the circumstances under which a practitioner may refer a patient to a health care facility in which he has a financial interest; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439A.010 is hereby amended to read as follows:
439A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [439A.011] 439A.012 to 439A.0195, inclusive, have the meanings ascribed to them in those sections.
Sec. 2. NRS 439A.015 is hereby amended to read as follows:
439A.015 Health facility means a facility in or through which health services are provided, except for the office of a practitioner used solely to provide routine services for health to his patients. The term includes any parent, affiliate, subsidiary or partner of such a facility and any other entity which has a primary purpose of providing a benefit to such a facility. For the purposes of this section, office of a practitioner used solely to provide routine services for health to his patients does not include [:
1. A] a facility which is or will be qualified to receive reimbursement, other than for the services of a practitioner, as a health facility from any public agency.
[2. A facility which contains or will contain medical equipment which meets the threshold for review of costs pursuant to paragraph (d) of subsection 2 of NRS 439A.100, regardless of whether approval of the project is required pursuant to that section.]
Sec. 3. NRS 439A.081 is hereby amended to read as follows:
439A.081 1. The department is the agency of the State of Nevada for health planning and development, and shall carry out the state administrative program and perform the functions of health planning and development for the state in accordance with the following priorities:
(a) Providing for the effective use of methods for controlling increases in the cost of health care;
(b) Providing for the adequate supply and distribution of health resources;
(c) Providing for equal access to health care of good quality at a reasonable cost; and
(d) Providing education to the public regarding proper personal health care and methods for the effective use of available health services.
[The department shall consult with and assist the council.]
2. In order to carry out the provisions of this chapter, the director may:
κ1995 Statutes of Nevada, Page 1486 (CHAPTER 466, SB 362)κ
(a) Delegate the duties of the director and the department pursuant to this chapter to any of the divisions of the department;
(b) Hire employees in the classified service;
(c) Adopt such regulations as are necessary; and
(d) Apply for, accept and disburse money granted by the Federal Government for the purposes of health planning and development.
3. The department may, by regulation, fix fees to be collected from applicants seeking approval of proposed health facilities or services. The amounts of such fees must be based upon the departments costs of examining and acting upon the applications.
4. In developing and revising any state plan for health planning and development, the department shall consider, among other things, the amount of money available from the Federal Government for health planning and development and the conditions attached to the acceptance of [such] that money, and the limitations of legislative appropriations for health planning and development.
Sec. 4. NRS 439A.100 is hereby amended to read as follows:
439A.100 1. Except as otherwise provided in this section [and NRS 439A.103,] , in a county whose population is less than 100,000, no person may undertake any [project described in subsection 2 or 3 without first applying for and obtaining the written approval of the director. The health division of the department of human resources shall not issue a new license or alter an existing license for any project described in subsection 2 or 3 unless the director has issued such an approval.
2. In a county whose population is less than 100,000, the projects for which this approval is required are:
(a) Any] proposed expenditure for new construction by or on behalf of a health facility in excess of the greater of [$4,000,000] $2,000,000 or such an amount as the department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure [;
(b) A proposal which increases the number of licensed or approved beds in a health facility other than a hospital above the total of the number of licensed beds and the number of additional beds which have been approved pursuant to this subsection;
(c) A proposal which increases the number of licensed and approved beds in a hospital through the addition of 10 or more beds or a number of beds equal to 10 percent of the licensed or approved capacity of that facility, whichever is less, over a period of 2 years;
(d) The proposed acquisition of any new or used medical equipment which has a market value of more than $1,000,000 or such an amount as the department may specify by regulation, whichever is greater;
(e) The acquisition of an existing health facility if:
(1) The purchaser does not, within a period specified by a regulation of the department, notify it of his intention to acquire the facility; or
(2) The department finds, within 30 days after it receives the notice, that in acquiring the facility the purchaser will change the number of beds;
(f) The construction of a new health facility;
(g) The conversion of an existing office of a practitioner to a health facility, regardless of the cost of the conversion, if the establishment of the office would have met the threshold for review of costs pursuant to paragraph (a) or (d); and
κ1995 Statutes of Nevada, Page 1487 (CHAPTER 466, SB 362)κ
would have met the threshold for review of costs pursuant to paragraph (a) or (d); and
(h) A proposal to establish any of the following services:
(1) The intensive care of newborn babies;
(2) The treatment of burns;
(3) The performance of open-heart surgery;
(4) The transportation of patients by helicopter; or
(5) A center for the treatment of trauma.
3. In a county whose population is 100,000 or more, the projects for which approval is required are proposals to establish either of the following services:
(a) The treatment of burns; or
(b) A center for the treatment of trauma.
4. As used in paragraph (d) of subsection 2, market value includes all costs associated with the installation and acquisition of the equipment, whether it is acquired by lease, rent, donation, contractual agreement, purchase, any method of financing or any encumbrance of money.
5. The approval of the director is not required for the addition of 60 beds or less over 3 years to an existing hospital that:
(a) Has a licensed capacity of 75 beds or less; and
(b) Is the only hospital within an incorporated city whose population is 50,000 or more.
6.] , without first applying for and obtaining the written approval of the director. The health division of the department of human resources shall not issue a new license or alter an existing license for such a project unless the director has issued such an approval.
2. The provisions of [paragraph (a) of subsection 2] subsection 1 do not [include any] apply to:
(a) Any capital expenditure for:
[(a)] (1) The acquisition of land;
[(b)] (2) The construction of a facility for parking;
[(c)] (3) The maintenance of a health facility;
[(d)] (4) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;
[(e)] (5) The installation of a system to conserve energy;
[(f)] (6) The installation of a system for data processing or communication; or
[(g)] (7) Any other project which, in the opinion of the director, does not relate directly to the provision of any health service [.
7. The provisions of paragraph (d) of subsection 2 do not include acquisitions of medical equipment proposed primarily to replace existing equipment. The person acquiring the replacement equipment, within a period specified by regulation of the department, shall notify it of his intention to acquire the equipment. The department shall by regulation develop standards to determine whether the primary purpose of a proposed acquisition is to replace existing equipment.
8.] ; or
(b) Any project for the development of a health facility that has received legislative approval and authorization.
κ1995 Statutes of Nevada, Page 1488 (CHAPTER 466, SB 362)κ
Upon determining that a project satisfies the requirements for an exemption pursuant to this subsection, the director shall issue a certificate which states that the project is exempt from the requirements of this section.
3. In reviewing an application for approval, the director shall:
(a) Comparatively assess applications for similar projects affecting the same geographic area; and
(b) Base his decision on criteria established by the director by regulation. The criteria must include:
(1) The need for and the appropriateness of the project in the area to be served;
(2) [The extent to which the project is consistent with the state health plan;
(3)] The financial feasibility of the project;
[(4)] (3) The effect of the project on the cost of health care; and
[(5)] (4) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.
[(9)] 4. The department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the [number of existing beds or a change in the health services which are to be provided, a change in the] location of the project or a substantial increase in the cost of the project.
[(10)] 5. The decision of the director is a final decision for the purposes of judicial review.
Sec. 5. NRS 439A.106 is hereby amended to read as follows:
439A.106 1. The department shall prepare [quarterly] annually and release for publication or other dissemination a listing of every hospital in the state and its charges for representative services. The listing must include information regarding each hospitals average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.
2. The department shall not disclose or report the details of contracts entered into by a hospital, or disclose or report information pursuant to this section in a manner that would allow identification of an individual payer or other party to a contract with the hospital, except that the department may disclose to other state agencies the details of contracts between the hospital and a related entity. A state agency shall not disclose or report information disclosed to the agency by the department pursuant to this subsection in a manner that would allow identification of an individual payer or other party to a contract with the hospital.
3. [The department shall report quarterly to the legislative committee on health care regarding the effects of legislation on the costs of health care and on the manner of its provision.
4.] As used in this section, related entity means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.
Sec. 6. NRS 439A.120 is hereby amended to read as follows:
439A.120 1. Except as otherwise provided in subsection 2, any person who violates any of the provisions of this chapter is liable to the state for a civil penalty of:
κ1995 Statutes of Nevada, Page 1489 (CHAPTER 466, SB 362)κ
(a) Where the provision violated governs the licensing of a project [described in subsection 2 or 3 of] which is required to be approved pursuant to NRS 439A.100, not more than 10 percent of the proposed expenditure for the project.
(b) Where any other provision is violated, not more than $20,000 for each violation.
2. The department shall not impose a penalty under this section if it applies for injunctive relief to prevent the same violation.
Sec. 7. NRS 439B.425 is hereby amended to read as follows:
439B.425 1. Except as otherwise provided in this section, a practitioner shall not refer a patient, for a service or for goods related to health care, to a health facility, medical laboratory , diagnostic imaging or radiation oncology center or commercial establishment in which the practitioner has a financial interest.
2. Subsection 1 does not apply if:
(a) The service or goods required by the patient are not otherwise available within a 30-mile radius of the office of the practitioner;
(b) The service or goods are provided pursuant to a referral to a practitioner who is participating in the health care plan of a health maintenance organization that has been issued a certificate of authority pursuant to chapter 695C of NRS;
(c) The practitioner is a member of a group practice and the referral is made to that group practice;
(d) The referral is made to a surgical center for ambulatory patients, as defined in NRS 449.019, that is licensed pursuant to chapter 449 of NRS;
(e) The referral is made by [a] :
(1) A urologist for lithotripsy services; or
(2) A nephrologist for services and supplies for a renal dialysis; or
(f) The financial interest represents an investment in [securities under the Securities Exchange Act of 1934 (15 U.S.C. §§ 78a et seq.) in] a corporation that has shareholder equity of more than $100,000,000 [.] , regardless of whether the securities of the corporation are publicly traded.
3. A person who violates the provisions of this section is guilty of a misdemeanor.
4. The provisions of this section do not prohibit a practitioner from owning and using equipment in his office solely to provide to his patients services or goods related to health care.
5. As used in this section:
(a) Group practice means two or more practitioners who organized as a business entity in accordance with the laws of this state to provide services related to health care, if:
(1) Each member of the group practice provides substantially all of the services related to health care that he routinely provides, including, without limitation, medical care, consultations, diagnoses and treatment, through the joint use of shared offices, facilities, equipment and personnel [;] located at any site of the group practice;
(2) Substantially all of the services related to health care that are provided by the members of the group practice are provided through the group practice [, the billings for those services are issued in the name of the group practice and the compensation received for those services is treated as being received by the group practice;] ; and
κ1995 Statutes of Nevada, Page 1490 (CHAPTER 466, SB 362)κ
practice and the compensation received for those services is treated as being received by the group practice;] ; and
(3) No member of the group practice receives compensation based directly on the volume [or value of the patients] of any services or goods related to health care which are referred to the group practice by that member . [; and
(4) All services related to health care that are offered by the group practice are provided within the confines of a central building or group of buildings that are located on one parcel of land.]
(b) Patient means a person who consults with or is examined or interviewed by a practitioner or health facility for purposes of diagnosis or treatment.
Sec. 8. NRS 449.060 is hereby amended to read as follows:
449.060 Each license issued pursuant to NRS 449.001 to 449.240, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of the fee provided in NRS 449.040 and 449.050 unless the health division finds, after an investigation, that the facility has not:
1. Satisfactorily complied with the provisions of NRS 449.001 to 449.240, inclusive, or the standards and regulations adopted by the board; or
2. Obtained the approval of the director of the department of human resources before undertaking [one of the projects enumerated in NRS 439A.100,] a project, if such approval is required [;] by NRS 439A.100; or
3. Conformed to all applicable local zoning regulations.
Sec. 9. NRS 439A.011, 439A.016, 439A.018, 439A.030, 439A.040, 439A.060, 439A.103 and 449.290 are hereby repealed.
________
Senate Bill No. 374Committee on Judiciary
CHAPTER 467
AN ACT relating to murder; eliminating the reference to depravity of mind as an aggravating circumstance for first degree murder; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.033 is hereby amended to read as follows:
200.033 The only circumstances by which murder of the first degree may be aggravated are:
1. The murder was committed by a person under sentence of imprisonment.
2. The murder was committed by a person who was previously convicted of another murder or of a felony involving the use or threat of violence to the person of another.
κ1995 Statutes of Nevada, Page 1491 (CHAPTER 467, SB 374)κ
3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
4. The murder was committed while the person was engaged, alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, sexual assault, arson in the first degree, burglary, invasion of the home or kidnaping in the first degree, and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or lethal force used.
5. The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.
6. The murder was committed by a person, for himself or another, to receive money or any other thing of monetary value.
7. The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For the purposes of this subsection, peace officer means:
(a) An employee of the department of prisons who does not exercise general control over offenders imprisoned within the institutions and facilities of the department but whose normal duties require him to come into contact with those offenders, when carrying out the duties prescribed by the director of the department.
(b) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 281.0311 to 281.0353, inclusive, when carrying out those powers.
8. The murder involved torture [, depravity of mind] or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and without apparent motive.
10. The murder was committed upon a person less than 14 years of age.
11. The murder was committed upon a person because of the actual or perceived race, color, religion, national origin or sexual orientation of that person.
12. The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.
Sec. 2. The amendatory provisions of this act do not apply to murders which are committed before October 1, 1995.
Sec. 3. Section 1 of this act becomes effective at 12:02 a.m. on October 1, 1995.
________
κ1995 Statutes of Nevada, Page 1492κ
Senate Bill No. 393Committee on Judiciary
CHAPTER 468
AN ACT relating to children; requiring order awarding a limited right of custody to a child to include certain information; clarifying the provision governing the contents of an order awarding the right of visitation of a child; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125.510 is hereby amended to read as follows:
125.510 1. In determining custody of a minor child in an action brought under this chapter, the court may:
(a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and
(b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties. The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.
2. Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the courts own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.
3. Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.
4. A party may proceed pursuant to this section without counsel.
5. Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, sufficient particularity means a statement of the rights in absolute terms and not by the use of the term reasonable or other similar term which is susceptible to different interpretations by the parties.
6. All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and must contain the following language:
PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A FELONY BY UP TO 6 YEARS IN PRISON. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who 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 in violation of an order of this court, or 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 is subject to being 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 1493 (CHAPTER 468, SB 393)κ
limited right of custody to a child or any parent having no right of custody to the child who 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 in violation of an order of this court, or 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 is subject to being 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.
[6.] 7. Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:
(a) Upon the death of the person to whom the order was directed; or
(b) When the child reaches 18 years of age if he is no longer enrolled in high school, otherwise, when he reaches 19 years of age.
Sec. 2. NRS 125A.290 is hereby amended to read as follows:
125A.290 Any order awarding a party a right of visitation of a minor child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the right of visitation. As used in this subsection, sufficient particularity means a statement of the rights in absolute terms and not by the use of the term reasonable or other similar term which is susceptible to different interpretations by the parties.
________
Senate Bill No. 394Committee on Judiciary
CHAPTER 469
AN ACT relating to judges; revising requirements concerning courses of instruction for certain judges; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.0105 is hereby amended to read as follows:
3.0105 1. There is hereby established, in each judicial district that includes a county whose population is 100,000 or more, a family court as a division of the district court.
2. If the caseload of the family court so requires, the presiding judge of the district, or the district judges by mutual consent in a district in which there is no presiding judge, may assign one or more judges of the district to act temporarily as judges of the family court.
κ1995 Statutes of Nevada, Page 1494 (CHAPTER 469, SB 394)κ
3. If for any reason a judge of the family court is unable to act, any other district judge of the judicial district may be assigned as provided in subsection 2 to act temporarily as judge of the family court.
4. A judge assigned to the family court pursuant to subsection 2 or 3 for a period of 90 or more days must attend the instruction required pursuant to subsection 1 of NRS 3.028. Judges must not be assigned to the family court pursuant to subsections 2 and 3 on a rotating basis.
Sec. 2. NRS 3.027 is hereby amended to read as follows:
3.027 1. The court administrator shall, at the direction of the chief justice of the supreme court, arrange for the giving of instruction, at the National Judicial College in Reno, Nevada, or elsewhere:
(a) In court procedure, recordkeeping and the elements of substantive law appropriate to a district court, to each district judge , other than a judge of the family court, who is first elected or appointed to office after [July 1, 1981,] October 1, 1995, within 12 months after taking office, and to other district judges who so desire and who can be accommodated . [, between each general election and January 1 next following.]
(b) In court procedure, recordkeeping and the elements of substantive law appropriate to a district court, to each judge of the family court who is first elected or appointed to office after October 1, 1995, within 24 months after taking office.
(c) In statutory amendments and other developments in the law appropriate to a district court, to all district judges at convenient intervals.
2. The costs of the instruction must be paid from the account for continuing judicial education. The court administrator shall administer the account and claims against the account must be paid as other claims against the state are paid.
Sec. 3. NRS 3.028 is hereby amended to read as follows:
3.028 1. Unless he has previously attended such a course, each judge of the family court who is first elected or appointed on or after October 1, 1995, shall attend instruction at the National College of Juvenile and Family Law in Reno, Nevada, in a course designed for the training of new judges of juvenile courts and family courts, within 12 months after taking office.
2. Unless he has previously attended such a course, each district judge who is first elected or appointed on or after [November 3, 1992,] October 1, 1995, in a judicial district that does not include a county whose population is 100,000 or more, [and each district judge in every other judicial district who is first assigned or elected on or after November 3, 1992, to be the judge of the juvenile court or family court in his judicial district,] shall attend instruction at the National College of Juvenile and Family Law in Reno, Nevada, in a course designed for the training of new judges of juvenile courts and family courts [.
2. Each judge to whom this section applies shall attend the instruction provided when it is offered for the first time after his election, appointment or assignment, unless he is excused by written order of the presiding judge of his judicial district, or if the judicial district has only one judge, by a justice of the supreme court.]
κ1995 Statutes of Nevada, Page 1495 (CHAPTER 469, SB 394)κ
his judicial district, or if the judicial district has only one judge, by a justice of the supreme court.] , within 24 months after taking office.
3. The cost of the instruction must be paid from the account for continuing judicial education.
________
Senate Bill No. 401Committee on Judiciary
CHAPTER 470
AN ACT relating to gaming; providing that there is no right of assignment in periodic payments of winnings; making various changes concerning cashless wagering to regulate electronic transfers of money; increasing the salaries of the members of the Nevada gaming commission; clarifying the circumstances under which certain confidential and privileged information may be disclosed; clarifying the authority of the state gaming control board to resolve disputes between licensees and patrons; clarifying when a licensee may accept a credit instrument; revising provisions concerning the calculation of gross revenue for keno and bingo; revising provisions governing off-track pari-mutuel wagering; prohibiting the use of certain items in a gambling game, associated equipment or a cashless wagering system; prohibiting the possession of paraphernalia for use in manufacturing counterfeit facsimiles of debit instruments; providing a penalty; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Credit card means a card, code or other device with which a person may defer payment of debt, incur debt and defer its payment, or purchase property or services and defer payment therefor, but does not include a card, code or other device used to activate a preexisting agreement between a person and a financial institution to extend credit when the persons account at the financial institution is overdrawn or to maintain a specified minimum balance in the persons account at the financial institution.
Sec. 3. Debit instrument means a card, code or other device with which a person may initiate an electronic transfer of money to a game or gaming device.
Sec. 4. Electronic transfer of money means any transfer of money, other than a transaction initiated by a check, draft or other similar instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering, instructing or authorizing a financial institution or person holding an account on behalf of another to debit or credit an account.
Sec. 5. Wagering credit means a representative of value, other than a chip, token or wagering instrument, that is used for wagering at a game or gaming device and is obtained by the payment of cash or a cash equivalent, the use of a wagering instrument or the electronic transfer of money.
κ1995 Statutes of Nevada, Page 1496 (CHAPTER 470, SB 401)κ
Sec. 6. Wagering instrument means a representative of value, other than a chip or token, that is issued by a licensee and approved by the board for use in a cashless wagering system.
Sec. 6.5. No right of periodic payments of winnings is assignable by a patron, in whole or in part, except that periodic payments may be paid to the estate of a deceased patron or, pursuant to an order of dissolution of marriage entered by a court of competent jurisdiction, to the former spouse of a patron.
Sec. 7. An electronic transfer of money from a financial institution directly to a game or gaming device may not be made with a credit card.
Sec. 8. A debit instrument issued by a licensee must be approved by the board.
Sec. 9. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, [and] sections 2, 3 and 4 of [this act,] Assembly Bill No. 131 of this session, and sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 10. NRS 463.014 is hereby amended to read as follows:
463.014 Cashless wagering system means a method of wagering and accounting in which the validity and value of a wagering instrument or wagering credits are determined, monitored and retained by a computer operated and maintained by a licensee which maintains a record of each transaction involving the wagering instrument [itself,] or wagering credits, exclusive of the game or gaming device on which wagers are being made. The term includes computerized systems which facilitate electronic transfers of money directly to or from a game or gaming device.
Sec. 11. NRS 463.0161 is hereby amended to read as follows:
463.0161 1. Gross revenue means the total of all:
(a) Cash received as winnings;
(b) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and
(c) Compensation received for conducting any game in which the licensee is not party to a wager,
less the total of all cash paid out as losses to patrons, those amounts paid to fund periodic payments and any other items made deductible as losses by NRS 463.3715. For the purposes of this section, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses, except that losses in a contest or tournament conducted in conjunction with an inter-casino linked system may be deducted to the extent of the compensation received for the right to participate in that contest or tournament.
2. The term does not include:
(a) Counterfeit facsimiles of money [or tokens;] , chips, tokens, wagering instruments or wagering credits;
(b) Coins of other countries which are received in gaming devices;
(c) Any portion of the face value of any chip, token or other representative of value won by a licensee from a patron for which the licensee can demonstrate that it or its affiliate has not received cash;
κ1995 Statutes of Nevada, Page 1497 (CHAPTER 470, SB 401)κ
(d) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed;
(e) Cash received as entry fees for contests or tournaments in which patrons compete for prizes, except for a contest or tournament conducted in conjunction with an inter-casino linked system; or
(f) Uncollected baccarat commissions.
3. As used in this section, baccarat commission means:
(a) A fee assessed by a licensee on cash paid out as a loss to a patron at baccarat to modify the odds of the game; or
(b) A rate or fee charged by a licensee for the right to participate in a baccarat game.
Sec. 12. NRS 463.026 is hereby amended to read as follows:
463.026 The chairman of the commission is entitled to an annual salary of [$42,000.] $55,000. Each of the other members is entitled to an annual salary of [$30,000.] $40,000.
Sec. 13. NRS 463.120 is hereby amended to read as follows:
463.120 1. The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission. These records are open to public inspection.
2. The board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.
3. The board and the commission may maintain such other files and records as they may deem desirable.
4. Except as otherwise provided in this subsection and subsection 5, all information and data:
(a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;
(b) Pertaining to an applicants criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source;
(c) Provided to the members, agents or employees of the board or commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential; [and] or
(d) Obtained by the board from a manufacturer, distributor or operator relating to the manufacturing of gaming devices,
are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The board and commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the board or commission.
5. Before the beginning of each legislative session, the board shall submit to the legislative commission for its review and for the use of the legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.
κ1995 Statutes of Nevada, Page 1498 (CHAPTER 470, SB 401)κ
licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.
6. Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.
7. The files, records and reports of the board are open at all times to inspection by the commission and its authorized agents.
8. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the board and the Nevada gaming commission as is necessary to the administration of this chapter.
Sec. 14. NRS 463.307 is hereby amended to read as follows:
463.307 All [gaming] wagering must be conducted with chips, tokens , wagering instruments or other instrumentalities approved by the board , or with wagering credits or the legal tender of the United States.
Sec. 15. NRS 463.3407 is hereby amended to read as follows:
463.3407 1. Any communication or document of an applicant or licensee , or an affiliate of either, which is made or transmitted to the board or commission or any of their agents or employees to:
(a) Comply with any law or the regulations of the board or commission;
(b) Comply with a subpoena issued by the board or commission; or
(c) Assist the board or commission in the performance of their respective duties,
is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
2. If such a document or communication contains any information which is privileged pursuant to chapter 49 of NRS, that privilege is not waived or lost because the document or communication is disclosed to the board or commission or any of its agents or employees.
3. Notwithstanding the provisions of subsection 4 of NRS 463.120:
(a) The board, commission and their agents and employees shall not release or disclose any information, documents or communications provided by an applicant or licensee , or an affiliate of either, which are privileged pursuant to chapter 49 of NRS, without the prior written consent of the applicant [or licensee,] , licensee or affiliate, or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant [or licensee.] , licensee or affiliate.
(b) The board and commission shall maintain all privileged information, documents and communications in a secure place accessible only to members of the board and commission and their authorized agents and employees.
(c) The board and commission shall adopt procedures and regulations to protect the privileged nature of information, documents and communications provided by an applicant or licensee [.] , or an affiliate of either.
Sec. 16. NRS 463.362 is hereby amended to read as follows:
463.362 1. Whenever a licensee [refuses payment of alleged winnings to a patron,] and a patron have any dispute as to alleged winnings, alleged losses or the manner in which a game is conducted, the licensee and the patron are unable to resolve the dispute to the satisfaction of the patron and the dispute involves:
κ1995 Statutes of Nevada, Page 1499 (CHAPTER 470, SB 401)κ
patron are unable to resolve the dispute to the satisfaction of the patron and the dispute involves:
(a) At least $500, the licensee shall immediately notify the board; or
(b) Less than $500, the licensee shall inform the patron of his right to request that the board conduct an investigation.
The board, through an agent, shall conduct whatever investigation it deems necessary and shall determine whether payment should be made.
2. The agent of the board shall mail written notice to the board, the licensee and the patron of his decision resolving the dispute within 30 days after the date the board first receives notification from the licensee or a request to conduct an investigation from the patron. The failure of the agent to mail notice of his decision within the time required by this subsection does not divest the board of its exclusive jurisdiction over the dispute.
3. Failure of the licensee to notify the board or inform the patron as provided in subsection 1 is grounds for disciplinary action pursuant to NRS 463.310 to 463.3145, inclusive.
4. The decision of the agent of the board is effective on the date the aggrieved party receives notice of the decision. Notice of the decision shall be deemed sufficient if it is mailed to the last known address of the licensee and patron. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the licensee or the patron 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
Sec. 17. NRS 463.368 is hereby amended to read as follows:
463.368 1. A credit instrument accepted on or after June 1, 1983, and the debt that the credit instrument represents are valid and may be enforced by legal process.
2. A licensee or a person acting on behalf of a licensee may accept an incomplete credit instrument which:
(a) Is signed by a patron; and
(b) States the amount of the debt in figures,
and may complete the instrument as is necessary for the instrument to be presented for payment.
3. A licensee or person acting on behalf of a licensee:
(a) [May accept a credit instrument that is dated later than the date of its execution if that later date is furnished at the time of the execution of the credit instrument by the patron.
(b) May not accept a credit instrument which is incomplete and cannot lawfully be completed to comply with the requirements of NRS 104.3104.
(c)] May accept a credit instrument that is payable to an affiliated company or may complete a credit instrument in the name of an affiliated company as payee if the credit instrument otherwise complies with this subsection and the records of the affiliated company pertaining to the credit instrument are made available to agents of the board upon request.
[(d)] (b) May accept a credit instrument either before, at the time, or after the patron incurs the debt. The credit instrument and the debt that the credit instrument represents are enforceable without regard to whether the credit instrument was accepted before, at the time or after the debt is incurred.
κ1995 Statutes of Nevada, Page 1500 (CHAPTER 470, SB 401)κ
4. This section does not prohibit the establishment of an account by a deposit of cash, recognized travelers check, or any other instrument which is equivalent to cash.
5. If a credit instrument is lost or destroyed, the debt represented by the credit instrument may be enforced if the licensee or person if acting on behalf of the licensee can prove the existence of the credit instrument.
6. A patrons claim of having a mental or behavioral disorder involving gambling:
(a) Is not a defense in any action by a licensee or a person acting on behalf of a licensee to enforce a credit instrument or the debt that the credit instrument represents.
(b) Is not a valid counterclaim to such an action.
7. Any person who violates the provisions of this section is subject only to the penalties provided in NRS 463.310 to 463.318, inclusive. The failure of a person to comply with the provisions of this section or the regulations of the commission does not invalidate a credit instrument or affect the ability to enforce the credit instrument or the debt that the credit instrument represents.
8. The commission may adopt regulations prescribing the conditions under which a credit instrument may be redeemed or presented to a bank for collection or payment.
Sec. 18. NRS 463.3715 is hereby amended to read as follows:
463.3715 1. In calculating gross revenue, any prizes, premiums, drawings, benefits or tickets that are redeemable for money or merchandise or other promotional allowance, except money or tokens paid at face value directly to a patron as the result of a specific wager, must not be deducted as losses from winnings at any game except a slot machine.
2. In calculating gross revenue, the amount of cash paid to fund periodic payments may be deducted as losses from winnings for any game.
3. In calculating gross revenue from slot machines, keno and bingo, the actual cost to the licensee of any personal property distributed to a patron as the result of a specific legitimate wager may be deducted as a loss, but not travel expenses, food, refreshments, lodging or services.
4. In calculating gross revenue from bingo, a licensee who provides a patron with additional play at bingo as the result of an initial wager may deduct as losses from winnings all money or tokens paid directly to that patron as a result of such additional play.
5. In calculating gross revenue, a licensee may deduct its pro rata share of a payout from a game played in an inter-casino linked system except for a payout made in conjunction with a card game. The amount of the deduction must be determined based upon the written agreement among the licensed gaming establishments participating in the inter-casino linked system and the operator of the system. All cash prizes and the value of noncash prizes awarded during a contest or tournament conducted in conjunction with an inter-casino linked system are also deductible on a pro rata basis to the extent of the compensation received for the right to participate in that contest or tournament. The deductions may be taken only by those participating licensed gaming establishments that held an active gaming license at any time during the month in which the payout was awarded.
κ1995 Statutes of Nevada, Page 1501 (CHAPTER 470, SB 401)κ
Sec. 19. NRS 463.670 is hereby amended to read as follows:
463.670 1. The legislature finds and declares as facts:
(a) That the inspection of gaming devices , [and] associated equipment and cashless wagering systems is essential to carry out the provisions of this chapter; and
(b) That inspection of gaming devices , [and] associated equipment and cashless wagering systems is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.
2. The board may inspect every gaming device which is manufactured, sold or distributed:
(a) For use in this state, before the gaming device is put into play.
(b) In this state for use outside this state, before the gaming device is shipped out of this state.
3. The board may inspect every gaming device which is offered for play within this state by a licensee.
4. The board may inspect all associated equipment and every cashless wagering system which is manufactured, sold or distributed for use in this state before the equipment or system is installed or used by a [gaming licensee.] licensee and at any time while the licensee is using the equipment or system.
5. In addition to all other fees and charges imposed by this chapter, the board may determine, charge and collect an inspection fee from each manufacturer, seller or distributor which must not exceed the actual cost of inspection and investigation.
Sec. 20. NRS 464.005 is hereby amended to read as follows:
464.005 As used in this chapter, unless the context otherwise requires:
1. Off-track pari-mutuel system means a computerized system, or component of such a system, that is used with regard to a pari-mutuel pool to transmit information such as amounts wagered, odds and payoffs on races.
2. Off-track pari-mutuel wagering means any pari-mutuel system of wagering approved by the Nevada gaming commission for the acceptance of wagers on:
(a) Races which take place outside of this state; or
(b) Sporting events . [, except jai alai.]
3. Operator of a system means a person engaged in providing an off-track pari-mutuel system.
4. Pari-mutuel system of wagering means any system whereby wagers with respect to the outcome of a race or sporting event are placed in a wagering pool conducted by a person licensed or otherwise permitted to do so under state law, and in which the participants are wagering with each other and not against that person. The term includes off-track pari-mutuel wagering.
Sec. 21. NRS 464.020 is hereby amended to read as follows:
464.020 1. The Nevada gaming commission is charged with the administration of this chapter for the protection of the public and in the public interest.
2. The Nevada gaming commission may issue licenses permitting the conduct of the pari-mutuel system of wagering, including off-track pari-mutuel wagering, and may adopt, amend and repeal regulations relating to the conduct of such wagering.
κ1995 Statutes of Nevada, Page 1502 (CHAPTER 470, SB 401)κ
mutuel wagering, and may adopt, amend and repeal regulations relating to the conduct of such wagering.
3. The wagering must be conducted only by the licensee at the times determined by the Nevada gaming commission and only:
(a) Within the enclosure wherein the race or other sporting event which is the subject of the wagering occurs; or
(b) Within a licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.
This subsection does not prohibit a person licensed to accept, pursuant to regulations adopted by the Nevada gaming commission, off-track pari-mutuel wagers from accepting wagers made by wire communication from patrons within the State of Nevada or from states in which such wagering is legal.
4. The regulations of the Nevada gaming commission may include, without limitation:
(a) Requiring fingerprinting of an applicant or licensee, or other method of identification.
(b) Requiring information concerning an applicants antecedents, habits and character.
(c) Prescribing the method and form of application which any applicant for a license issued pursuant to this chapter must follow and complete before consideration of his application by the Nevada gaming commission.
5. The Nevada gaming commission may appoint a committee consisting of persons who are licensed to engage in off-track pari-mutuel wagering. The commission may grant to that committee the exclusive right to negotiate an agreement relating to off-track pari-mutuel wagering with:
(a) A person who is licensed or otherwise permitted to operate a wagering pool in another state; and
(b) A person who is licensed pursuant to chapter 464 of NRS as an operator of a system.
6. The Nevada gaming commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed pursuant to this chapter pertaining to and affecting the subject of the license.
Sec. 22. NRS 465.015 is hereby amended to read as follows:
465.015 As used in this chapter:
1. Cheat means to alter the elements of chance, method of selection or criteria which determine:
(a) The result of a game;
(b) The amount or frequency of payment in a game; [or]
(c) The value of a wagering instrument [approved by the state gaming control board for use in connection with a cashless wagering system.] ; or
(d) The value of a wagering credit.
2. The words and terms defined in chapter 463 of NRS have the meanings ascribed to them in that chapter.
Sec. 23. NRS 465.080 is hereby amended to read as follows:
465.080 1. It is unlawful for any licensee, employee or other person to use counterfeit chips , counterfeit debit instruments or other counterfeit wagering instruments in a gambling game [.] , associated equipment or a cashless wagering system.
κ1995 Statutes of Nevada, Page 1503 (CHAPTER 470, SB 401)κ
2. It is unlawful for any person, in playing or using any gambling game , associated equipment or cashless wagering system designed to be played with, receive or be operated by chips, tokens , wagering credits or other wagering instruments approved by the state gaming control board or by lawful coin of the United States of America:
(a) Knowingly to use other than chips, tokens , wagering credits or other wagering instruments approved by the state gaming control board or lawful coin, legal tender of the United States of America, or to use coin or tokens not of the same denomination as the coin or tokens intended to be used in that gambling game [;] , associated equipment or cashless wagering system; or
(b) To use any device or means to violate the provisions of this chapter.
3. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to have on his person or in his possession on or off the premises of any licensed gaming establishment any device intended to be used to violate the provisions of this chapter.
4. It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to have on his person or in his possession on or off the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gambling game, cashless watering system or drop box, or any electronic or mechanical device connected thereto, or for removing money or other contents therefrom.
5. It is unlawful for any person to have on his person or in his possession any paraphernalia for manufacturing slugs. As used in this subsection, paraphernalia for manufacturing slugs means the equipment, products and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips, tokens , debit instruments or other wagering instruments approved by the state gaming control board or a lawful coin of the United States, the use of which is unlawful pursuant to subsection 2. The term includes, but is not limited to:
(a) Lead or lead alloys;
(b) Molds, forms or similar equipment capable of producing a likeness of a gaming token or United States coin;
(c) Melting pots or other receptacles;
(d) Torches;
(e) Tongs, trimming tools or other similar equipment; and
(f) Equipment which can be reasonably demonstrated to manufacture facsimiles of debit instruments or wagering instruments approved by the state gaming control board.
6. Possession of more than one of the devices, equipment, products or materials described in this section permits a rebuttable inference that the possessor intended to use them for cheating.
Sec. 24. Section 1 of Assembly Bill No. 133 of this session is hereby amended to read as follows:
Section 1. NRS 463.120 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 1504 (CHAPTER 470, SB 401)κ
463.120 1. The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission. These records are open to public inspection.
2. The board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.
3. The board and the commission may maintain such other files and records as they may deem desirable.
4. Except as otherwise provided in this subsection and subsection 5, all information and data:
(a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;
(b) Pertaining to an applicants criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source;
(c) Provided to the members, agents or employees of the board or commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential; or
(d) Obtained by the board from a manufacturer, distributor or operator relating to the manufacturing of gaming devices,
are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The board and commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the board or commission.
5. Before the beginning of each legislative session, the board shall submit to the legislative commission for its review and for the use of the legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.
6. Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.
7. The files, records and reports of the board are open at all times to inspection by the commission and its authorized agents.
8. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the board and the Nevada gaming commission as is necessary to the administration of this chapter.
κ1995 Statutes of Nevada, Page 1505 (CHAPTER 470, SB 401)κ
9. The Nevada gaming commission, by the affirmative vote of a majority of its members, may remove from its records the name of a debtor and the amount of tax, penalty and interest, or any of them, owed by him, if after 5 years it remains impossible or impracticable to collect such amounts. The commission shall establish a master file containing the information removed from its official records by this section.
Sec. 25. 1. This section and sections 1 to 11, inclusive, and 13 to 24, inclusive, of this act become effective upon passage and approval.
2. Section 12 of this act becomes effective on July 1, 1995.
________
Senate Bill No. 434Committee on Judiciary
CHAPTER 471
AN ACT relating to statutory liens; establishing a procedure for releasing or reducing the amount of a lien that is excessive or made without reasonable cause; revising the provisions relating to the priority of certain mechanics and materialmens liens; requiring a lienor to record a discharge or release of a lien; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 108 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The debtor of the lien claimant or a party in interest in the premises subject to the lien who believes the notice of lien is frivolous and was made without reasonable cause, or that the amount of the lien is excessive, may apply by motion to the district court for the county where the property or some part thereof is situated for an order directing the lien claimant to appear before the court to show cause why the relief requested should not be granted. The motion must set forth the grounds upon which relief is requested and must be supported by the affidavit of the applicant or his attorney setting forth a concise statement of the facts upon which the motion is based. If the court issues an order for a hearing, the applicant shall serve notice of the application and order of the court on the lien claimant within 3 days after the court issues the order. The court shall conduct the hearing within not less than 10 days or more than 20 days after the court issues the order.
2. The order for a hearing must include a statement that if the lien claimant fails to appear at the time and place noted, the lien will be released with prejudice and the lien claimant will be ordered to pay the costs requested by the applicant, including reasonable attorneys fees.
3. If, at the time the application is filed, an action to foreclose the lien has not been filed, the clerk of the court shall assign a number to the application and obtain from the applicant a filing fee of $85. If an action has been filed to foreclose the lien before the application was filed pursuant to this section, the application must be made a part of the action to foreclose the lien.
κ1995 Statutes of Nevada, Page 1506 (CHAPTER 471, SB 434)κ
4. If, after a hearing on the matter, the court determines that:
(a) The lien is frivolous and was made without reasonable cause, the court may issue an order releasing the lien and awarding costs and reasonable attorneys fees to the applicant.
(b) The amount of the lien is excessive, the court may issue an order reducing the lien to an amount deemed appropriate by the court and awarding costs and reasonable attorneys fees to the applicant.
(c) The lien is not frivolous and was made with reasonable cause and that the amount of the lien is not excessive, the court may issue an order awarding costs and reasonable attorneys fees to the lien claimant.
5. Proceedings conducted pursuant to this section do not affect any other rights and remedies otherwise available to the parties.
Sec. 2. NRS 108.221 is hereby amended to read as follows:
108.221 [The phrase work of improvement and the word improvement as] As used in NRS 108.221 to 108.246, inclusive, [are defined to mean] and section 1 of this act, unless the context otherwise requires, work of improvement or improvement means the entire structure or scheme of improvement as a whole.
Sec. 3. NRS 108.225 is hereby amended to read as follows:
108.225 1. The liens provided for in NRS 108.221 to 108.246, inclusive, are preferred to:
(a) Any lien, mortgage or other encumbrance which may have attached [subsequent to] after the time when the building, improvement or structure was commenced, work done, or materials were commenced to be furnished.
(b) Any lien, mortgage or other encumbrance of which the lienholder had no notice and which was unrecorded at the time the building, improvement or structure was commenced, work done, or the materials were commenced to be furnished.
For the purposes of this subsection, work done does not include any work commenced before on-site construction has started.
2. [Every] Except as otherwise provided in subsection 3, every mortgage or encumbrance imposed upon, or conveyance made of, property affected by the liens provided for in NRS 108.221 to 108.246, inclusive, between the time when the building, improvement, structure or work thereon was commenced, or the materials thereof were commenced to be furnished, and the expiration of the time fixed in NRS 108.221 to 108.246, inclusive, in which liens therefor may be recorded, whatever the terms of payment may be, are subordinate and subject to the liens in full authorized in NRS 108.221 to 108.246, inclusive, regardless of the date of recording [of] the liens.
3. If any improvement at the site is provided for in a contract that is separate from any contract for the construction of a building or other structure, the improvement at the site shall be deemed a separate work of improvement and the commencement thereof does not constitute the commencement of the construction of the building or other structure. As used in this subsection, improvement at the site means:
(a) The demolition or removal of improvements, trees or other vegetation from;
(b) The drilling of test holes in;
(c) Grading, filling or otherwise improving; or
κ1995 Statutes of Nevada, Page 1507 (CHAPTER 471, SB 434)κ
(d) Constructing or installing sewers or other public utilities on,
any lot or tract of land or the street, highway or sidewalk in front of or adjoining any lot or tract of land. The term includes the construction of any vaults, cellars or rooms under the sidewalks or making improvements to the sidewalks in front of or adjoining any tract of land.
Sec. 4. NRS 108.226 is hereby amended to read as follows:
108.226 1. Every person claiming the benefit of NRS 108.221 to 108.246, inclusive, [shall] must record his notice of lien in the form provided in subsection [4, and shall do so:
(a) Before the lapse of] 5:
(a) Within 90 days after the completion of the work of improvement;
(b) [Before the lapse of] Within 90 days after the last delivery of material by the lien claimant; or
(c) [Before the lapse of] Within 90 days after the last performance of labor by the lien claimant,
whichever [of the time periods provided in this subsection is the last to expire.] is later.
2. The time within which to perfect the lien by recording [of] the notice of lien is shortened if [the provisions of NRS 108.228 are complied with and] a notice of completion is [timely recorded,] recorded in a timely manner pursuant to NRS 108.228, in which event [such] the notice of lien must be recorded within 40 days [immediately following] after the recording of the notice of completion.
3. Any one of the following acts or events is equivalent to completion of the work of improvement for all purposes of NRS 108.221 to 108.246, inclusive:
(a) The occupation or use of a building, improvement or structure by the owner, his agent or his representative and accompanied by cessation of labor thereon.
(b) The acceptance by the owner, his agent or his representative of the building, improvement or structure.
(c) The cessation from labor for 30 days upon any building, improvement or structure, or the alteration, addition to or repair thereof.
(d) The recording of the notice of completion provided in NRS 108.228.
4. For the purposes of this section, if a work of improvement consists of the construction of more than one separate building and each building is constructed pursuant to:
(a) A separate contract, each building shall be deemed a separate work of improvement. The time within which to perfect the lien by recording the notice of lien pursuant to subsection 1 commences to run upon the completion of each separate building; or
(b) A single contract, the time within which to perfect the lien by recording the notice of lien pursuant to subsection 1 commences to run upon the completion of all the buildings constructed pursuant to that contract.
As used in this subsection, separate building means one structure of a work of improvement and any garages or other outbuildings appurtenant thereto.
κ1995 Statutes of Nevada, Page 1508 (CHAPTER 471, SB 434)κ
5. The notice of mechanics lien [shall] must be recorded in the office of the county recorder of the county where the property or some part thereof is situated and [shall] must contain:
(a) A statement of his demand after deducting all just credits and offsets.
(b) The name of the owner or reputed owner if known.
(c) The name of the person by whom he was employed or to whom he furnished the material.
(d) A statement of the terms, time given and conditions of his contract.
(e) A description of the property to be charged with the lien sufficient for identification.
[5.] 6. The claim must be verified by the oath of the claimant or some other person. The claim need not be acknowledged to be recorded.
Sec. 5. NRS 108.228 is hereby amended to read as follows:
108.228 1. The owner may record a notice of completion [as follows:
(a) Within 15 days after the] after:
(a) The completion of any work of improvement; or
(b) [Within 15 days after there] There has been a cessation from labor thereon for a period of 30 days.
2. The notice of completion must be recorded in the office of the county recorder of the county where the property is situated and must set forth:
(a) The date when the work of improvement was completed, or the date on which cessation from labor occurred first and the period of its duration.
(b) The owners name or owners names, as the case may be, the address of the owner or addresses of the owners, as the case may be, and the nature of the title, if any, of the person signing the notice.
(c) A description of the property sufficient for identification.
(d) The name of the contractor, if any.
3. The notice must be verified by the owner [himself] or by some other person on his behalf. The notice need not be acknowledged to be recorded.
4. Upon recording the notice pursuant to this section, the owner shall [immediately] , within 10 days after the notice is recorded, deliver a copy of the notice [:
(a) Either in person or] by certified mail, to [any] :
(a) Any general contractor with whom the owner contracted for the work of improvement.
(b) [By certified mail, to any] Any person who, before the notice was recorded pursuant to this section, submitted a request to the owner to receive the notice.
Sec. 6. NRS 108.2421 is hereby amended to read as follows:
108.2421 1. The lien claimant is entitled to bring an action against the lien claimants debtor and to join therein the surety on the bond. A judgment for the claimant on the bond may not be made against the property. The rights of the lien claimant include and the court may award to him in that action:
(a) The amount found due to the lien claimant by the court;
(b) The cost of preparing and filing the lien claim, including attorneys fees, if any;
(c) The costs of the proceedings;
(d) Attorneys fees for representation of the lien claimant in the proceedings; and
κ1995 Statutes of Nevada, Page 1509 (CHAPTER 471, SB 434)κ
(e) Interest at [the rate of 7 percent per annum on the amount found due to the lien claimant and] a rate established pursuant to NRS 99.040 from the date found by the court that the sum was due . [and payable.]
2. Proceedings [under] pursuant to subsection 1 are entitled to priority of hearing second only to criminal hearings. The plaintiff in the action may serve upon the adverse party a demand for 30-day setting, in the proper form, and file the demand with the clerk of the court. Upon filing, the clerk of the court shall, before [Friday next,] the Friday after the demand is filed, vacate a case or cases in a department of the court and set the lien claimants case for hearing, on a day or days certain, to be heard within 30 days [of] after the filing of the demand for 30-day setting. Only one such preferential setting need be given by the court, unless the hearing date is vacated without stipulation of counsel for the plaintiff in writing. If the hearing date is vacated without that stipulation, upon service and filing, a new preferential setting must be given.
Sec. 7. NRS 108.2437 is hereby amended to read as follows:
108.2437 [Within 21 calendar days after a lien of record upon real property provided for in NRS 108.221 to 108.246, inclusive, secured on or after October 1, 1991, is satisfied or discharged, and a written request is received by the lienor for a discharge or release, the lienor shall cause to be recorded a discharge or release of the lien pursuant to NRS 108.2433.]
1. As soon as practicable, but not later than 10 days after a lien of record upon real property pursuant to NRS 108.221 to 108.246, inclusive, is satisfied or discharged, the lienor shall cause to be recorded a discharge or release of the lien in substantially the following form:
DISCHARGE OR RELEASE OF LIEN
NOTICE IS HEREBY GIVEN THAT:
The undersigned did, on the ............ day of ........., 19......, record in Book ............, as Document No. ............, in the office of the county recorder of ............ County, Nevada, its Notice of Lien, or has otherwise given notice of his intention to hold and claim a lien upon the following described property, owned or purportedly owned by ............, situated in the County of ............, State of Nevada, to wit:
(Legal Description or Address of the Property)
NOW, THEREFORE, for valuable consideration the undersigned does release, satisfy and discharge the claim or lien on the property described above by reason of such Notice of Lien, or by reason of the work and labor on, or materials furnished for, that property.
.........................................................
(Signature of Lienor)
2. If the lienor fails to [do so,] comply with the provisions of subsection 1, he is liable in a civil action to the owner of the real property, his heirs or assigns [in the sum of $100,] for any actual damages caused by his failure to comply with [the provisions of this section,] those provisions or $100, whichever is greater, and for a reasonable attorneys fee and the costs of bringing the action.
κ1995 Statutes of Nevada, Page 1510 (CHAPTER 471, SB 434)κ
comply with [the provisions of this section,] those provisions or $100, whichever is greater, and for a reasonable attorneys fee and the costs of bringing the action.
________
Senate Bill No. 443Committee on Transportation
CHAPTER 472
AN ACT relating to motor vehicles; regulating their towing and storage; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. The provisions of NRS 706.151 to 706.168, inclusive, 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475, 706.6411 to 706.753, inclusive, and 706.881 to 706.885, inclusive, do not apply to an operator of a tow car.
Sec. 3. 1. In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:
(a) Obtain a certificate of operation from the commission before he provides any services other than those services which he provides as a private motor carrier of property pursuant to the provisions of this chapter;
(b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and
(c) Comply with the other requirements of sections 2 to 10, inclusive, of this act.
2. The commission shall issue a certificate of operation to an operator of a tow car if it determines that the applicant:
(a) Complies with the requirements of subsection 1;
(b) Complies with the requirements of the regulations adopted by the commission pursuant to the provisions of this chapter; and
(c) Has provided evidence that he has filed with the commission a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every common and contract motor carrier pursuant to the provisions of NRS 706.291.
Sec. 4. The operator shall maintain a dispatchers log which shows for each vehicle towed:
1. The date and time the call to provide towing was received.
2. The name of the person requesting that the vehicle be towed.
3. The date and time a tow car was dispatched to provide the towing.
4. The date and time the tow car arrived at the location of the vehicle to be towed.
κ1995 Statutes of Nevada, Page 1511 (CHAPTER 472, SB 443)κ
5. The date and time the towing was completed.
6. The model, make, year of manufacture, vehicle identification number and license plate number of the towed motor vehicle.
Sec. 5. In towing and storing a towed motor vehicle, cargo and personal property, the operator shall:
1. Treat original and substituted accessories and equipment of the motor vehicle as part of the vehicle rather than personal property.
2. Protect from theft and damage a towed motor vehicle, cargo and personal property which comes into his possession as the result of a tow.
3. Provide access during normal business hours to motor vehicles which were towed to the owner, or the agent of the owner.
4. Establish procedures that allow the owner, or agent of the owner, of a towed motor vehicle access to the vehicle or to obtain the release of the vehicle during those periods in which the operator is not normally open for such transactions.
5. Not hold or retain any cargo or personal property which comes into his possession as the result of towing as security or for any purpose other than compliance with the direction of appropriate law enforcement agencies.
6. Afford the owner of the vehicle or his agent the opportunity to inspect and inventory the vehicle before release to detect damage or theft of property.
If damage or theft is detected, the operator shall:
(a) Resolve the complaint to the satisfaction of the claimant; or
(b) Identify the carrier of its insurance and explain the procedure for filing a claim.
Sec. 6. The operator shall allow the owner, or agent of the owner, of a motor vehicle that has been connected to a tow car to obtain the release of the vehicle at the point of origination of the towing if:
1. A request is made to release the vehicle; and
2. The owner or agent pays a fee established by the operator for releasing the vehicle.
Sec. 7. The operator shall inform each owner, or agent of the owner, of a towed motor vehicle that the owner or agent may file a complaint with the commission regarding any violation of the provisions of this chapter.
Sec. 8. An operator shall not knowingly tow a vehicle that another operator has previously been requested to tow.
Sec. 9. If towing is requested by a person other than the owner, or an agent of the owner, of the motor vehicle or a law enforcement officer:
1. The person requesting the towing must be the owner of the real property from which the vehicle is towed or his authorized agent and must sign a specific request for the towing. For the purposes of this section, the operator is not an authorized agent of the owner of the real property.
2. The area from which the vehicle is to be towed must be appropriately posted in accordance with state or local requirements.
3. Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.
4. The operator may be directed to terminate the towing by a law enforcement officer.
Sec. 10. If a motor vehicle is towed at the request of someone other than the owner, or authorized agent of the owner, of the motor vehicle, the operator shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:
κ1995 Statutes of Nevada, Page 1512 (CHAPTER 472, SB 443)κ
operator shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:
1. Notify the registered and legal owner of the motor vehicle by certified mail not later than 15 days after placing a vehicle in storage:
(a) Of the location where the motor vehicle is being stored;
(b) Whether the storage is inside a locked building, in a secured, fenced area or in an unsecured, open area;
(c) Of the charge for storage; and
(d) Of the date and time the vehicle was placed in storage.
2. If the identity of the registered and legal owners is not readily available, request the necessary information from the department of motor vehicles and public safety. The operator shall attempt to notify the owner of the vehicle as soon as possible, but in no case later than 15 days, after identification of the owner is obtained.
3. Use all resources reasonably necessary to ascertain the name of the owner of a vehicle and is responsible for making an independent inquiry and correct notification of the owner.
Sec. 11. 1. The commission shall act upon complaints regarding the failure of an operator to comply with the provisions of sections 2 to 12, inclusive, of this act.
2. In addition to any other remedies that may be available to the commission to act upon complaints, the commission may order the release of towed motor vehicles, cargo or personal property upon such terms and conditions as the commission determines to be appropriate.
Sec. 12. A law enforcement agency that maintains and utilizes a list of operators of tow cars which are called by that agency to provide towing shall not include an operator on the list unless he:
1. Holds a certificate to provide towing issued by the commission.
2. Agrees to comply with all applicable provisions of chapters 482, 484 and 706 of NRS.
3. Agrees to respond in a timely manner to requests for towing made by the agency.
4. Maintains adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed.
5. Meets such other standards as the law enforcement agency may adopt to protect the health, safety and welfare of the public.
Sec. 13. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.013 to 706.791, inclusive, and sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.
Sec. 14. NRS 706.446 is hereby amended to read as follows:
706.446 1. Any person who was engaged in the transportation of vehicles by the use of a tow car with an unladen weight of less than 9,000 pounds, on or before January 1, 1971, and who held himself out for hire for such towing, [shall] must be granted a certificate of public convenience and necessity if an application therefor:
(a) Is made within 90 days after July 1, 1971;
(b) Is accompanied by a filing fee of $25; and
κ1995 Statutes of Nevada, Page 1513 (CHAPTER 472, SB 443)κ
(c) Contains satisfactory evidence of a lawful nature and scope of the applicants operation existing on or before January 1, 1971.
2. Before issuing any certificate of public convenience and necessity for the transportation of vehicles by tow car, the commission shall set the rate levels and storage charges under which such operation may be conducted, but the commission [shall not be] is not precluded from establishing rate areas.
3. When issued, a certificate of public convenience and necessity [shall] must authorize the recipient to operate within the territory which the applicant substantiates by documentation between January 1, 1968, and January 1, 1971.
4. Any person who on July 1, 1971, holds a valid certificate of public convenience and necessity issued by the commission for the operation of a tow car with an unladen weight of 9,000 pounds or more [shall] must be granted the authority to operate a tow car with an unladen weight of less than 9,000 pounds within the territory substantiated [under] pursuant to subsection 3, but in no event less than the territory set forth in such certificate of public convenience and necessity.
5. The provisions of this [section do not apply to rates or contacts for tow services rendered] chapter do not require an operator of a tow car who provides towing for a licensed motor club regulated [under] pursuant to chapter 696A of NRS [.] to obtain a certificate of public convenience and necessity or to comply with the regulations or rates adopted by the commission to provide that towing.
Sec. 15. NRS 706.453 is hereby amended to read as follows:
706.453 The provisions of NRS [706.446 to 706.451, inclusive,] 706.449, 706.451 and sections 2 to 12, inclusive, of this act do not apply to automobile wreckers who are licensed pursuant to chapter 487 of NRS.
Sec. 16. 1. NRS 706.446 is hereby repealed.
2. NRS 706.447 and 706.448 are hereby repealed.
Sec. 17. Sections 1 to 12, inclusive, the amendatory provisions of section 13, the amendatory provisions of section 15, and sections 16 and 18 of this act expire by limitation on the date:
1. The provisions of 49 U.S.C. § 11501 which prohibit the state from enacting a law which relates to a rate, route or service of any motor carrier are invalidated by the Supreme Court of the United States;
2. The Supreme Court of the United States affirms the invalidation of those provisions by a lower court;
3. The time for appealing a decision of a lower court invalidating those provisions expires without an appeal being taken; or
4. The Congress of the United States repeals those provisions or substantially revises those provisions to authorize the state to enact a law which relates to a rate, route or service of a tow car.
Sec. 18. The provisions of paragraph (a) of subsection 1 of section 3 of this act do not apply to an operator of a tow car who held a certificate of public convenience and necessity issued pursuant to the provisions of chapter 706 of NRS before July 1, 1995.
κ1995 Statutes of Nevada, Page 1514 (CHAPTER 472, SB 443)κ
Sec. 19. 1. This section and sections 1 to 15, inclusive, subsection 2 of section 16 and sections 17 and 18 of this act become effective on July 1, 1995.
2. Subsection 1 of section 16 of this act becomes effective at 12:01 a.m. on July 1, 1995.
________
Senate Bill No. 446Senator Titus
CHAPTER 473
AN ACT relating to campaign practices; revising the penalty for the failure to report certain contributions and expenditures; requiring the secretary of state to enforce such violations; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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 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.
κ1995 Statutes of Nevada, Page 1515 (CHAPTER 473, SB 446)κ
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.
7. If the secretary of state has received information that a candidate has not filed a report as required pursuant to the provisions of this section, the secretary of state shall, after giving notice to the candidate, cause the appropriate proceedings to be instituted in a court of competent jurisdiction.
8. 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.] subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorneys fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.
9. If a civil penalty is imposed because a candidate has reported his campaign contributions after the date the report is due, the amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.
Sec. 2. 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 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.
κ1995 Statutes of Nevada, Page 1516 (CHAPTER 473, SB 446)κ
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 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) 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. If the secretary of state has received information that a candidate has not filed a report as required pursuant to the provisions of this section, the secretary of state shall, after giving notice to the candidate, cause the appropriate proceedings to be instituted in a court of competent jurisdiction.
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.] subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorneys fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.
8. If a civil penalty is imposed because a candidate has reported his campaign expenses after the date the report is due, the amount of the civil penalty is:
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.
Sec. 3. NRS 294A.410 is hereby amended to read as follows:
294A.410 If it appears that the provisions of NRS [294A.120] 294A.130 to 294A.180, inclusive, [294A.200] 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360, have been violated:
κ1995 Statutes of Nevada, Page 1517 (CHAPTER 473, SB 446)κ
1. The secretary of state shall report the alleged violation to the attorney general; and
2. A county or city clerk shall report the alleged violation to the appropriate district attorney,
and the attorney general or district attorney to whom the report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Sec. 4. Sections 1 and 2 of this act become effective at 12:01 a.m. on October 1, 1995.
________
Senate Bill No. 454Committee on Judiciary
CHAPTER 474
AN ACT relating to prisoners; providing that the requirement that a prisoner or former prisoner exhaust his administrative remedies before proceeding with an action against the department of prisons applies to any claim arising out of a tort; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.243 is hereby amended to read as follows:
209.243 1. A prisoner or former prisoner may file an administrative claim with the department to recover compensation for the loss of his personal property , property damage, personal injuries or any other claim arising out of a tort alleged to have occurred during his incarceration as a result of an act or omission of the department or any of its agents, former officers, employees or contractors. The claim must be filed within 6 months after the date of the alleged loss [.] , damage or injury.
2. The department shall evaluate each claim filed pursuant to subsection 1 and determine the amount due, if any. If the amount due is $500 or less, the department, within the limits of legislative appropriations, shall approve the claim for payment and submit it to be paid as other claims against the state are paid. The department shall submit all claims in which the amount due exceeds $500, with any recommendations it deems appropriate, to the state board of examiners. The state board of examiners, in acting upon the claim, shall consider any recommendations of the department.
3. The department shall adopt regulations necessary to carry out the provisions of this section.
Sec. 2. NRS 41.0322 is hereby amended to read as follows:
41.0322 1. A person who is or was in the custody of the department of prisons may not proceed with any action against the department or any of its agents, former officers, employees or contractors to recover compensation for the loss of his personal property , property damage, personal injuries or any other claim arising out of a tort pursuant to NRS 41.031 unless the person has exhausted his administrative remedies provided by NRS 209.243 and the regulations adopted pursuant thereto.
κ1995 Statutes of Nevada, Page 1518 (CHAPTER 474, SB 454)κ
person has exhausted his administrative remedies provided by NRS 209.243 and the regulations adopted pursuant thereto.
2. The filing of an administrative claim pursuant to NRS 209.243 is not a condition precedent to the filing of an action pursuant to NRS 41.031.
3. An action filed by a person in accordance with this section before the exhaustion of his administrative remedies must be stayed by the court in which the action is filed until the administrative remedies are exhausted. The court shall dismiss the action if the person has not timely filed his administrative claim pursuant to NRS 209.243.
4. If a person has exhausted his administrative remedies and has filed and is proceeding with a civil action to recover compensation for the loss of his personal property, property damage, personal injuries or any other claim arising out of a tort, the office of the attorney general must initiate and conduct all negotiations for settlement relating to that action.
Sec. 3. The amendatory provisions of this act do not apply to actions filed against the department of prisons before October 1, 1995.
________
Senate Bill No. 455Committee on Judiciary
CHAPTER 475
AN ACT relating to real property; requiring a beneficiary of a deed of trust to mail or send by facsimile machine certain statements regarding the deed of trust to the grantor of the deed of trust if those statements are requested by the grantor; authorizing the beneficiary to impose a fee for the issuance of those statements; requiring the beneficiary of certain deeds of trust to deliver to the trustee a request for a partial reconveyance of the estate in real property if the debts secured by those deeds of trust have been partially discharged; requiring a judgment creditor to record an affidavit of renewal to renew an unpaid judgment which has been recorded; authorizing a party to an escrow agreement to collect damages from the other party to the agreement if he refuses to execute a document necessary to release the money deposited in escrow under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 107 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. As used in this chapter:
1. Facsimile machine means a device which receives and copies a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.
2. Title insurer has the meaning ascribed to it in NRS 692A.070.
Sec. 3. The provisions of section 15 of this act do not apply to deeds of trust insured by the Federal Housing Administrator or guaranteed by the Secretary of Veterans Affairs.
κ1995 Statutes of Nevada, Page 1519 (CHAPTER 475, SB 455)κ
Sec. 4. Except as otherwise provided in section 7 of this act, the beneficiary of a deed of trust secured on or after October 1, 1995, shall, within 21 days after receiving a request from a person authorized to make such a request pursuant to section 6 of this act, cause to be mailed, postage prepaid or sent by facsimile machine to that person a statement regarding the debt secured by the deed of trust. The statement must include:
1. The amount of the unpaid balance of the debt secured by the deed of trust, the rate of interest on the unpaid balance and the total amount of principal and interest which is due and has not been paid.
2. The amount of the periodic payments, if any, required under the note.
3. The date the payment of the debt is due.
4. The period for which real estate taxes and special assessments have been paid, if that information is known to the beneficiary.
5. The amount of property insurance covering the real property and the term and premium of that insurance, if that information is known to the beneficiary.
6. The amount in an account, if any, maintained for the accumulation of money for the payment of taxes and insurance premiums.
7. The amount of any additional charges, costs or expenses paid or incurred by the beneficiary which is a lien on the real property described in the deed of trust.
8. Whether the debt secured by the deed of trust may be transferred to a person other than the grantor.
Sec. 5. Except as otherwise provided in sections 7 and 8 of this act, the beneficiary of a deed of trust secured on or after October 1, 1995, shall, within 21 days after receiving a request from a person authorized to make such a request pursuant to section 6 of this act, cause to be mailed, postage prepaid or sent by facsimile machine to that person a statement of the amount necessary to discharge the debt secured by the deed of trust. The statement must set forth:
1. The amount of money necessary to discharge the debt secured by the deed of trust on the date the statement is prepared by the beneficiary; and
2. The information necessary to determine the amount of money required to discharge the debt on a per diem basis for a period, not to exceed 30 days, after the statement is prepared by the beneficiary.
Sec. 6. 1. A statement described in section 4 or 5 of this act may be requested by:
(a) The grantor of, or his successor in interest in, the property which is the subject of the deed of trust;
(b) A person who has a subordinate lien or encumbrance of record on the property which is secured by the deed of trust;
(c) A title insurer; or
(d) An authorized agent of any person described in paragraph (a), (b) or (c).
A written statement signed by any person described in paragraph (a), (b) or (c) which appoints a person to serve as his agent if delivered personally to the beneficiary or delivered by mail, return receipt requested, is proof of the identity of an agent.
κ1995 Statutes of Nevada, Page 1520 (CHAPTER 475, SB 455)κ
2. For the purposes of paragraph (a) of subsection 1, a policy of title insurance, preliminary report issued by a title company, certified copy of letters testamentary or letters of guardianship, or an original or photographic copy of a deed, if delivered personally to the beneficiary or delivered by mail, return receipt requested, is proof of the identity of a successor in interest of the grantor, if the person demanding the statement is named as successor in interest in the document.
Sec. 7. A beneficiary may, before mailing a statement described in section 4 or 5 of this act, require the person who requested the statement to prove that he is authorized to request that statement pursuant to section 6 of this act. If the beneficiary requires such proof, he must mail the statement with 21 days after he receives that proof from the requester.
Sec. 8. If the debt secured by a deed of trust for which a statement described in section 5 of this act has been requested is subject to a recorded notice of default or a filed complaint commencing a judicial foreclosure, the beneficiary may refuse to deliver the statement unless the written request for the statement is received before the publication of a notice of sale or the notice of the date of sale established by a court.
Sec. 9. 1. A person who receives a statement pursuant to section 4 or 5 may rely upon the accuracy of the information contained in the statement. If the beneficiary notifies the person who requested the statement of any amendment to the statement, the amended statement may be relied upon by that person in the same manner as the original statement.
2. If notification of an amendment to a statement is not given in writing, a written amendment to the statement must be delivered to the person who requested the original statement not later than the next business day after notification.
3. If a statement prepared by the beneficiary pursuant to section 4 of this act does not contain the entire amount necessary to discharge the debt secured by the deed of trust and:
(a) A transaction has occurred which has resulted in the transfer of title or recordation of a lien; or
(b) A trustees sale or a sale supervised by a court has taken place,
the beneficiary may recover that money as an unsecured debt of the grantor pursuant to the terms of the note.
Sec. 10. If a person who is authorized pursuant to section 6 of this act to request a statement described in section 4 or 5 of this act includes in his request for such a statement a request for a copy of the note or deed of trust, the beneficiary shall mail a copy of the note or deed of trust with the statement at no additional charge.
Sec. 11. If the beneficiary has more than one place of business, a request for a statement described in section 4 or 5 of this act must be made to the address to which the periodic payments under the note are made. If no periodic payments are made under the note, the request must be mailed to the address of the beneficiary listed on the note or deed of trust.
Sec. 12. Except as otherwise provided in a statement described in section 4 or 5 of this act, the information contained in the statement applies only to the debt secured by the deed of trust which is payable at the address to which the periodic payments are made.
κ1995 Statutes of Nevada, Page 1521 (CHAPTER 475, SB 455)κ
the periodic payments are made. If periodic payments are not made under the note, the statement applies only to the entire debt secured by the deed of trust.
Sec. 13. If a person requests a statement described in section 4 or 5 of this act and it is not clear from the request which statement is requested, the request shall be deemed a request for a statement of the amount necessary to discharge the debt secured by a deed of trust.
Sec. 14. 1. A beneficiary who willfully fails to deliver a statement requested pursuant to section 4 or 5 of this act within 21 days after it is requested is liable to the person who requested the statement in an amount of $300 and any actual damages suffered by the person who requested the statement.
2. A judgment awarded to a person who requested a statement pursuant to section 4 or 5 of this act for failure to deliver a statement bars recovery of damages for any other failure to deliver that statement pursuant to a demand made within 6 months before or after the demand for which the judgment was awarded.
3. As used in this section, willfully means an intentional failure to comply with the requirements of section 4 or 5 of this act without just cause.
Sec. 15. The beneficiary may charge a fee of not more than $60 for each statement furnished pursuant to section 4 or 5 of this act.
Sec. 16. 1. If a deed of trust made on or after October 1, 1995, authorizes the grantor to discharge in part the debt secured by the deed of trust and the deed of trust authorizes a partial reconveyance of the estate in real property in consideration of a partial discharge, the beneficiary shall, within 21 calendar days after receiving notice that the debt secured by the deed of trust has been partially discharged deliver to the trustee a properly executed request for a partial reconveyance of the estate in real property conveyed to the trustee by the grantor.
2. Within 45 calendar days after a debt secured by a deed of trust made on or after October 1, 1995, is partially discharged and a properly executed request for a partial reconveyance is received by the trustee, the trustee shall cause to be recorded a partial reconveyance of the deed of trust.
3. If the beneficiary fails to deliver to the trustee a properly executed request for a partial reconveyance pursuant to subsection 1, or if the trustee fails to cause to be recorded a partial reconveyance of the deed of trust pursuant to subsection 2, the beneficiary or the trustee, as the case may be, is liable in a civil action to the grantor, his heirs or assigns in the amount of $100, plus a reasonable attorneys fee and the costs of bringing the action, and he is liable in a civil action to any party to the deed of trust for any actual damages caused by his failure to comply with the provisions of this section and for a reasonable attorneys fee and the costs of bringing the action.
4. Except as otherwise provided in this subsection, if a partial reconveyance is not recorded pursuant to subsection 2 within 75 calendar days after the partial satisfaction of the debt, if the satisfaction was made on or after October 1, 1995, a title insurer may prepare and cause to be recorded a partial release of a deed of trust. At least 30 calendar days before the recording of a partial release pursuant to this subsection, the title insurer shall mail, by first-class mail, postage prepaid, notice of the intention to record the partial release of the deed of trust to the trustee, trustor and beneficiary of record, or their successors in interest, at the last known address of each such person.
κ1995 Statutes of Nevada, Page 1522 (CHAPTER 475, SB 455)κ
beneficiary of record, or their successors in interest, at the last known address of each such person. A partial release prepared and recorded pursuant to this subsection shall be deemed a partial reconveyance of a deed of trust. The title insurer shall not cause a partial release to be recorded pursuant to this subsection if the title insurer receives written instructions to the contrary from the trustee, trustor, owner of the land, holder of the escrow or owner of the debt secured by the deed of trust or his agent.
5. The release prepared pursuant to subsection 4 must set forth:
(a) The name of the beneficiary;
(b) The name of the trustor;
(c) The recording reference to the deed of trust;
(d) A statement that the debt secured by the deed of trust has been partially discharged;
(e) The date and amount of partial payment or other partial satisfaction or discharge;
(f) The name and address of the title insurer issuing the partial release; and
(g) The legal description of the estate in real property which is reconveyed.
6. A partial release prepared and recorded pursuant to subsection 4 does not relieve a beneficiary or trustee of the requirements imposed by subsections 1 and 2.
7. A trustee may charge a reasonable fee to the trustor or the owner of the land for services relating to the preparation, execution or recordation of a partial reconveyance or partial release pursuant to this section. A trustee shall not require the fees to be paid before the opening of an escrow or earlier than 60 calendar days before the partial payment or partial satisfaction or discharge of the debt secured by the deed of trust. If a fee charged pursuant to this subsection does not exceed $100, the fee is conclusively presumed to be reasonable.
8. In addition to any other remedy provided by law, a title insurer who improperly causes to be recorded a partial release of a deed of trust pursuant to this section is liable for actual damages and a reasonable attorneys fee to any person who is insured because of the improper recordation of the partial release.
9. Any person who willfully violates this section is guilty of a misdemeanor.
Sec. 17. Notwithstanding any other provision of law, a deed of trust given to secure a loan made to purchase the real property on which the deed of trust is given has priority over all other liens created against the purchaser before he acquires title to the real property.
Sec. 18. NRS 107.077 is hereby amended to read as follows:
107.077 1. Within 21 calendar days after receiving written notice that a debt secured by a deed of trust made on or after October 1, 1991, has been paid or otherwise satisfied or discharged, the beneficiary shall deliver to the trustee or the trustor the original note and deed of trust, if he is in possession of those documents, and a properly executed request to reconvey the estate in real property conveyed to the trustee by the grantor. If the beneficiary delivers the original note and deed of trust to the trustee or the trustee has those documents in his possession, the trustee shall deliver those documents to the grantor.
κ1995 Statutes of Nevada, Page 1523 (CHAPTER 475, SB 455)κ
documents in his possession, the trustee shall deliver those documents to the grantor.
2. Within 45 calendar days after a debt secured by a deed of trust made on or after October 1, 1991, is paid or otherwise satisfied or discharged, and a properly executed request to reconvey is received by the trustee, the trustee shall cause to be recorded a reconveyance of the deed of trust.
3. If the beneficiary fails to deliver to the trustee a properly executed request to reconvey pursuant to subsection 1, or if the trustee fails to cause to be recorded a reconveyance of the deed of trust pursuant to subsection 2, the beneficiary or the trustee, as the case may be, is liable in a civil action to the grantor, his heirs or assigns in the sum of $100, plus a reasonable attorneys fee and the costs of bringing the action, and he is liable in a civil action to any party to the deed of trust for any actual damages caused by his failure to comply with the provisions of this section and for a reasonable attorneys fee and the costs of bringing the action.
4. Except as otherwise provided in this subsection, if a reconveyance is not recorded pursuant to subsection 2 within:
(a) Seventy-five calendar days after the payment, satisfaction or discharge of the debt, if the payment, satisfaction or discharge was made on or after October 1, 1993; or
(b) Ninety calendar days after the payment, satisfaction or discharge of the debt, if the payment, satisfaction or discharge was made before October 1, 1993,
a title insurer may prepare and cause to be recorded a release of the deed of trust. At least 30 calendar days before the recording of a release pursuant to this subsection, the title insurer shall mail, by first-class mail, postage prepaid, notice of the intention to record the release of the deed of trust to the trustee, trustor and beneficiary of record, or their successors in interest, at the [last-known] last known address of each such person. A release prepared and recorded pursuant to this subsection shall be deemed a reconveyance of a deed of trust. The title insurer shall not cause a release to be recorded pursuant to this subsection if the title insurer receives written instructions to the contrary from the trustee, the trustor, the owner of the land, the holder of the escrow or the owner of the debt secured by the deed of trust or his agent.
5. The release prepared pursuant to subsection 4 must set forth:
(a) The name of the beneficiary;
(b) The name of the trustor;
(c) The recording reference to the deed of trust;
(d) A statement that the debt secured by the deed of trust has been paid in full or otherwise satisfied or discharged;
(e) The date and amount of payment or other satisfaction or discharge; and
(f) The name and address of the title insurer issuing the release.
6. A release prepared and recorded pursuant to subsection 4 does not relieve a beneficiary or trustee of the requirements imposed by subsections 1 and 2.
7. A trustee may charge a reasonable fee to the trustor or the owner of the land for services relating to the preparation, execution or recordation of a reconveyance or release pursuant to this section. A trustee shall not require the fees to be paid before the opening of an escrow, or earlier than 60 calendar days before the payment, satisfaction or discharge of the debt secured by the deed of trust.
κ1995 Statutes of Nevada, Page 1524 (CHAPTER 475, SB 455)κ
calendar days before the payment, satisfaction or discharge of the debt secured by the deed of trust. If a fee charged pursuant to this subsection does not exceed $100, the fee is conclusively presumed to be reasonable.
8. In addition to any other remedy provided by law, a title insurer who improperly causes to be recorded a release of a deed of trust pursuant to this section is liable for actual damages and a reasonable attorneys fee to any person who is injured because of the improper recordation of the release.
9. Any person who willfully violates this section is guilty of a misdemeanor.
[10. As used in this section, title insurer has the meaning ascribed to it in NRS 692A.070.]
Sec. 19. NRS 108.665 is hereby amended to read as follows:
108.665 1. A lien for charges owed to a hospital may be foreclosed by a suit in the district court in the same manner as an action for foreclosure of any other lien.
2. The lien may not be foreclosed during the:
(a) Lifetime of the owner of the property, his spouse, his dependent adult child if that child is mentally or physically disabled or a joint tenant if he was a joint tenant at the time of the patients discharge; or
(b) Minority of any child of the owner,
if the owner or joint tenant resides on the property, or his spouse, dependent or minor child resides on the property and has acquired title thereto.
3. If the hospital does not file a suit to foreclose the lien within 2 years after the date the notice of lien is recorded by the hospital, the lien is extinguished.
Sec. 20. NRS 17.150 is hereby amended to read as follows:
17.150 1. Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him, noting thereon the hour and minutes of the day of such entries.
2. A transcript of the original docket or an abstract or copy of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it becomes a lien upon all the real property of the judgment debtor not exempt from execution in that county, owned by him at the time, or which he may afterward acquire, until the lien expires. The lien continues for 6 years [from] after the date the judgment or decree was docketed, and is continued each time the judgment or decree is renewed, unless:
(a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking a provided in the Nevada Rules of Appellate Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases;
(b) The judgment is for arrearages in the payment of child support, in which case the lien continues until the judgment is satisfied;
(c) The judgment is satisfied; or
(d) The lien is otherwise discharged.
κ1995 Statutes of Nevada, Page 1525 (CHAPTER 475, SB 455)κ
The time during which the execution of the judgment is suspended by appeal, action of the court or defendant must not be counted in computing the time of expiration.
3. The abstract described in subsection 2 must contain the:
(a) Title of the court and the title and number of the action;
(b) Date of entry of the judgment or decree;
(c) Names of the judgment debtor and judgment creditor;
(d) Amount of the judgment or decree; and
(e) Location where the judgment or decree is entered in the minutes or judgment docket.
4. A judgment creditor who records a judgment or decree shall record at that time an affidavit stating:
(a) The name and address of the judgment debtor;
(b) The judgment debtors drivers license number and state of issuance or the judgment debtors social security number; and
(c) The judgment debtors date of birth,
if known to the judgment creditor. If any of the information is not known, the affidavit must include a statement of that fact.
Sec. 21. NRS 17.214 is hereby amended to read as follows:
17.214 1. A judgment creditor or his successor in interest may renew a judgment which has not been paid by [filing] :
(a) Filing an affidavit with the clerk of the court where the judgment is entered and docketed, within 90 days before the date the judgment expires by limitation. The affidavit must specify:
[(a)] (1) The names of the parties and the name of the judgment creditors successor in interest, if any, and the source and succession of his title;
[(b)] (2) If the judgment is recorded, the name of the county and the number and the page of the book in which it is recorded;
[(c)] (3) The date and the amount of the judgment and the number and page of the docket in which it is entered;
[(d)] (4) Whether there is an outstanding writ of execution for enforcement of the judgment;
[(e)] (5) The date and amount of any payment on the judgment;
[(f)] (6) Whether there are any setoffs or counterclaims in favor of the judgment debtor and the amount or, if a setoff or counterclaim is unsettled or undetermined it will be allowed as payment or credit on the judgment;
[(g)] (7) The exact amount due on the judgment;
[(h)] (8) If the judgment was docketed by the clerk of the court upon a certified copy from any other court, and an abstract recorded with the county clerk, the name of each county in which the transcript has been docketed and the abstract recorded; and
[(i)] (9) Any other fact or circumstance necessary to a complete disclosure of the exact condition of the judgment.
All information in the affidavit must be based on the personal knowledge of the affiant, and not upon information and belief.
(b) If the judgment is recorded, recording the affidavit of renewal in the office of the county recorder in which the original judgment is filed within 3 days after the affidavit of renewal is filed pursuant to paragraph (a).
κ1995 Statutes of Nevada, Page 1526 (CHAPTER 475, SB 455)κ
2. The filing of the affidavit renews the judgment to the extent of the amount shown due in the affidavit.
3. The judgment creditor or his successor in interest shall notify the judgment debtor of the renewal of the judgment by sending a copy of the affidavit of renewal by certified mail, return receipt requested, to him at his last known address within 3 days after filing the affidavit.
4. Successive affidavits for renewal may be filed within 90 days before the preceding renewal of the judgment expires by limitation.
Sec. 22. NRS 247.120 is hereby amended to read as follows:
247.120 1. Each county recorder shall, upon the payment of the described statutory fees, record separately, in a manner which will allow a legible copy to be made, the following specified instruments in large well-bound separate books, either sewed or of insertable leaves which when placed in the book cannot be removed:
(a) Deeds, grants, patents issued by the State of Nevada or by the United States, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.
(b) Certificates of marriage and marriage contracts.
(c) Wills admitted to probate.
(d) Official bonds.
(e) Notice of mechanics liens.
(f) Transcripts of judgments [,] which by law are made liens upon real estate in this state [.] and affidavits of renewal of those judgments.
(g) Notices of attachment upon real estate.
(h) Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof.
(i) Instruments describing or relating to the separate property of married persons.
(j) Notice of preemption claims.
(k) Notices and certificates of location of mining claims.
(l) Affidavits of proof of annual labor on mining claims.
(m) Affidavits of intent to hold mining claims recorded pursuant to subsection 3 of NRS 517.230.
(n) Certificates of sale.
(o) Judgments or decrees.
(p) Declarations of homesteads.
(q) Such other writings as are required or permitted by law to be recorded.
2. Each of the instruments named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.
3. Before accepting for recording any instrument enumerated in subsection 1, the county recorder may require a copy suitable for recording by a method used by the recorder to preserve his records. Where any rights [might] may be adversely affected because of a delay in recording caused by this requirement, the county recorder shall accept the instrument conditionally subject to submission of a suitable copy at a later date. The provisions of this subsection do not apply where it is impossible or impracticable to submit a more suitable copy.
κ1995 Statutes of Nevada, Page 1527 (CHAPTER 475, SB 455)κ
Sec. 23. NRS 627.200 is hereby amended to read as follows:
627.200 Any lender desiring to use the services of a construction control shall first obtain the written assent of the borrower specifying by name the construction control to be used. The lender and borrower shall [then] be deemed to have appointed [such] that construction control as their agent for the particular construction loan for which its services are requested [;] and the acts of the construction control [shall be] are binding upon the lender and borrower severally. If a related construction control or the employee or agent of a related construction control, or a lender acting as a construction control or any employee or agent of [such] a lender acting as a construction control, violates any of the provisions of this chapter, otherwise than as the result of a good faith error in mathematical computation, then:
1. With respect to a particular loan subject to construction control, the construction control and the lender shall each, jointly and severally, be liable for payment of any [and all] mechanics liens filed against the premises subject to construction [and arising out of any] to the extent that such a lien is the result of a violation of any provision of this chapter.
2. Any mechanics lien claimant damaged by the violation of any provision of this chapter may jointly or severally proceed with an action on the bond referred to in NRS 627.180, and the rights and remedies under [such] the bond or lien claims and any direct right of action against the lender or construction control [shall be] are cumulative, and the lien claimant prevailing in any such action [shall be] is entitled to reasonable [attorneys] attorneys fees.
Sec. 24. Chapter 645A of NRS is hereby amended by adding thereto the provisions set forth as sections 25 and 26 of this act.
Sec. 25. 1. Except as otherwise provided in subsection 2 or in the escrow agreement between the parties and the holder of the escrow, upon the close of an escrow for the sale of real property or on the date the escrow is scheduled to close if it has not closed, each party shall execute the documents necessary to release the money deposited in the escrow.
2. A party may refuse to execute a document necessary to release the money deposited in the escrow only if a good faith dispute exists concerning that money.
3. If a party refuses to execute a document necessary to release the money deposited in the escrow with 30 days after the holder of the escrow makes a written request for the execution, the party injured by the other partys failure to execute the document may collect from that party:
(a) Actual damages of not less than $100 nor more than 1 percent of the purchase price of the real property for which the money was deposited in the escrow, whichever is greater;
(b) The money deposited in the escrow which was not held to resolve a good faith dispute concerning the sale of the property; and
(c) A reasonable attorneys fee.
Sec. 26. 1. If an action is filed to recover money deposited in an escrow established for the sale of real property, the holder of the escrow may deposit the money, less any fees or charges owed to the holder of the escrow, with the court in which the action is filed.
κ1995 Statutes of Nevada, Page 1528 (CHAPTER 475, SB 455)κ
2. A holder of an escrow who complies with the provisions of subsection 1 is discharged from further responsibility for the money which he deposits with the court.
3. This section does not limit the right of the holder of the escrow to bring an action for interpleader pursuant to N.R.C.P. 22 to determine the rightful claimant of the money deposited in the escrow.
________
Senate Bill No. 467Senators Augustine, Porter and Washington
CHAPTER 476
AN ACT relating to motor vehicles; revising the provisions governing the use of devices for restraining children being transported in motor vehicles in this state; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.474 is hereby amended to read as follows:
484.474 1. Except as otherwise provided in subsection 5, any person who is transporting a child who is under 5 years of age and who weighs less than 40 pounds in a motor vehicle [registered] operated in this state which is equipped to carry passengers shall secure him in a device for restraining a child which has been approved by the United States Department of Transportation.
2. [Any] A person who violates the provisions of subsection 1 shall be punished by a fine of not less than $35 nor more than $100 unless, within 14 days after the issuance of the citation for such a violation, the person presents to the court specified in the citation proof of his purchase [or rental] of such a restraining device. Upon presentation of such proof, the court shall void the citation.
3. For the purposes of NRS 483.473, a violation of this section is not a moving traffic violation.
4. A violation of this section may not be considered:
(a) Negligence in any civil action; or
(b) Negligence or reckless driving for the purposes of NRS 484.377.
5. This section does not apply:
(a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle.
(b) When a physician determines that the use of such a restraining device for the particular child would be impractical or dangerous because of such factors as the childs weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician to that effect.
________
κ1995 Statutes of Nevada, Page 1529κ
Senate Bill No. 470Committee on Finance
CHAPTER 477
AN ACT making an appropriation to the department of education to develop and carry out a new high school proficiency examination; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of education to develop and carry out a new high school proficiency examination:
For the fiscal year 1995-96.................................................................... $295,606
For the fiscal year 1996-97.................................................................... $216,071
Sec. 2. The sums appropriated by section 1 of this act are available for either fiscal year. Any balance of those sums 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 on July 1, 1995.
________
Senate Bill No. 477Committee on Human Resources and Facilities
CHAPTER 478
AN ACT relating to public health; exempting convention halls from the requirement of providing a sufficient number of water closets and urinals to comply with the standards set forth in the Uniform Plumbing Code; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444.350 is hereby amended to read as follows:
444.350 1. Any construction, alteration or change in the use of a building or other structure in this state must be in compliance with the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials in the form most recently adopted by that association before January 1, 1991.
2. Any city or county may adopt such modifications as are deemed reasonably necessary because of its geographic, topographic or climatic conditions. Any city or county desiring to make changes to the Uniform Plumbing Code must, before its adoption, submit the code with the proposed amendments to the state public works board.
3. No city or county may allow the use of any solder or flux that contains more than 0.2 percent lead or allow the use of any pipe or pipe fitting that contains more than 8 percent lead in the installation or repair of a public water system or any residence or facility connected to a public water system.
κ1995 Statutes of Nevada, Page 1530 (CHAPTER 478, SB 477)κ
contains more than 8 percent lead in the installation or repair of a public water system or any residence or facility connected to a public water system. As used in this subsection, public water system has the meaning ascribed to it in NRS 445.376.
4. A facility used by members of the public whose construction or renovation begins on or after January 1, 1994, must provide on its premises a sufficient number of water closets and urinals to comply with the minimum standards set forth in the Uniform Plumbing Code. As used in this subsection, facility used by members of the public means any motion picture house, theater, concert hall, community [or convention] hall, sports arena, stadium, ski resort or other permanent place of exhibition or entertaining to which members of the public are invited or which is intended for public use. The term does not include:
(a) A hotel as defined in NRS 447.010.
(b) A food establishment as defined in NRS 446.020.
(c) A childrens camp as defined in NRS 444.220.
(d) A historic structure as defined in NRS 244A.6825.
(e) A public or private school.
(f) A convention hall.
5. As used in this section, unless the context otherwise requires, convention hall means a facility which incorporates both space for exhibitions and a substantial number of smaller spaces for meetings, and which is primarily for use by trade shows, public shows, conventions or related activities.
________
Senate Bill No. 539Committee on Finance
CHAPTER 479
AN ACT relating to water; clarifying the number of times the notice of an application to appropriate water must be published in a newspaper; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.360 is hereby amended to read as follows:
533.360 1. Except as otherwise provided in subsection 4, NRS 533.345 and subsection 3 of NRS 533.370, when an application is filed in compliance with this chapter the state engineer shall, within 30 days, publish or cause to be published [for a period of 4 consecutive weeks,] once a week for 4 consecutive weeks in a newspaper of general circulation and printed and published in the county where the water is sought to be appropriated, a notice of the application, which sets forth:
(a) That the application has been filed.
(b) The date of the filing.
(c) The name and address of the applicant.
(d) The name of the source from which the appropriation is to be made.
κ1995 Statutes of Nevada, Page 1531 (CHAPTER 479, SB 539)κ
(e) The location of the place of diversion, described by legal subdivision or metes and bounds and by a physical description of that place of diversion.
(f) The purpose for which the water is to be appropriated.
The publisher shall add thereto the date of the first publication and the date of the last publication.
2. Except as otherwise provided in subsection 4, proof of publication must be filed within 30 days after the final day of publication. The state engineer shall pay for the publication from the application fee. If the application is canceled for any reason before publication, the state engineer shall return to the applicant that portion of the application fee collected for publication.
3. If the application is for a proposed well:
(a) In a county whose population is less than 400,000;
(b) For municipal, quasi-municipal or industrial use; and
(c) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,
the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to his address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the state engineer before he may consider the application.
4. The provisions of this section do not apply to an environmental permit.
Sec. 2. This act becomes effective on July 1, 1995.
________
Senate Bill No. 549Committee on Judiciary
CHAPTER 480
AN ACT relating to criminal actions; providing the form for a written plea agreement; prohibiting certain criminal appeals if the defendant pleaded guilty or nolo contendere under specified circumstances; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 174 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a plea of guilty is made in a written plea agreement, the agreement must be substantially in the following form:
κ1995 Statutes of Nevada, Page 1532 (CHAPTER 480, SB 549)κ
Case No. ............................................
Dept. No. ............................................
IN THE ..................JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF .............,
The State of Nevada
PLAINTIFF,
v.
(Name of defendant)
DEFENDANT.
GUILTY PLEA AGREEMENT
I hereby agree to plead guilty to: (List charges to which defendant is pleading guilty), as more fully alleged in the charging document attached hereto as Exhibit 1.
My decision to plead guilty is based upon the plea agreement in this case which is as follows:
(State the terms of the agreement.)
CONSEQUENCES OF THE PLEA
I understand that by pleading guilty I admit the facts which support all the elements of the offenses to which I now plead as set forth in Exhibit 1.
I understand that as a consequence of my plea of guilty I may be imprisoned for a period of not more than (maximum term of imprisonment) and that I (may or will) be fined up to (maximum amount of fine). I understand that the law requires me to pay an administrative assessment fee.
I understand that, if appropriate, I will be ordered to make restitution to the victim of the offenses to which I am pleading guilty and to the victim of any related offense which is being dismissed or not prosecuted pursuant to this agreement. I will also be ordered to reimburse the State of Nevada for expenses related to my extradition, if any.
I understand that I (am or am not) eligible for probation for the offense to which I am pleading guilty. (I understand that, except as otherwise provided by statute, the question of whether I receive probation is in the discretion of the sentencing judge, or I understand that I must serve a mandatory minimum term of (term of imprisonment) or pay a minimum mandatory fine of (amount of fine) or serve a mandatory minimum term (term of imprisonment) and pay a minimum mandatory fine of (amount of fine).)
I understand that if more than one sentence of imprisonment is imposed and I am eligible to serve the sentences concurrently, the sentencing judge has the discretion to order the sentences served concurrently or consecutively.
I understand that information regarding charges not filed, dismissed charges or charges to be dismissed pursuant to this agreement may be considered by the judge at sentencing.
I have not been promised or guaranteed any particular sentence by anyone. I know that my sentence is to be determined by the court within the limits prescribed by statute. I understand that if my attorney or the State of Nevada or both recommend any specific punishment to the court, the court is not obligated to accept the recommendation.
κ1995 Statutes of Nevada, Page 1533 (CHAPTER 480, SB 549)κ
I understand that the division of parole and probation of the department of motor vehicles and public safety may or will prepare a report for the sentencing judge before sentencing. This report will include matters relevant to the issue of sentencing, including my criminal history. I understand that this report may contain hearsay information regarding my background and criminal history. My attorney (if represented by counsel) and I will each have the opportunity to comment on the information contained in the report at the time of sentencing.
WAIVER OF RIGHTS
By entering my plea of guilty, I understand that I have waived the following rights and privileges:
1. The constitutional privilege against self-incrimination, including the right to refuse to testify at trial, in which event the prosecution would not be allowed to comment to the jury about my refusal to testify.
2. The constitutional right to a speedy and public trial by an impartial jury, free of excessive pretrial publicity prejudicial to the defense, at which trial I would be entitled to the assistance of an attorney, either appointed or retained. At trial, the state would bear the burden of proving beyond a reasonable doubt each element of the offense charged.
3. The constitutional right to confront and cross-examine any witnesses who would testify against me.
4. The constitutional right to subpoena witnesses to testify on my behalf.
5. The constitutional right to testify in my own defense.
6. The right to appeal the conviction, with the assistance of an attorney, either appointed or retained, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings and except as otherwise provided in subsection 3 of NRS 174.035.
VOLUNTARINESS OF PLEA
I have discussed the elements of all the original charges against me with my attorney (if represented by counsel) and I understand the nature of these charges against me.
I understand that the state would have to prove each element of the charge against me at trial.
I have discussed with my attorney (if represented by counsel) any possible defenses and circumstances which might be in my favor.
All of the foregoing elements, consequences, rights and waiver of rights have been thoroughly explained to me by my attorney (if represented by counsel).
I believe that pleading guilty and accepting this plea bargain is in my best interest and that a trial would be contrary to my best interest.
I am signing this agreement voluntarily, after consultation with my attorney (if represented by counsel) and I am not acting under duress or coercion or by virtue of any promises of leniency, except for those set forth in this agreement.
I am not now under the influence of intoxicating liquor, a controlled substance or other drug which would in any manner impair my ability to comprehend or understand this agreement or the proceedings surrounding my entry of this plea.
κ1995 Statutes of Nevada, Page 1534 (CHAPTER 480, SB 549)κ
My attorney (if represented by counsel) has answered all my questions regarding this guilty plea agreement and its consequences to my satisfaction and I am satisfied with the services provided by my attorney.
Dated: This ............. day of .........., 19.....
.............................................................
Defendant.
Agreed to on this ............. day of .........., 19.....
...............................................................
Deputy District Attorney
2. If the defendant is represented by counsel, the written plea agreement must also include a certificate of counsel that is substantially in the following form:
CERTIFICATE OF COUNSEL
I, the undersigned, as the attorney for the defendant named herein and as an officer of the court hereby certify that:
1. I have fully explained to the defendant the allegations contained in the charges to which guilty pleas are being entered.
2. I have advised the defendant of the penalties for each charge and the restitution that the defendant may be ordered to pay.
3. All pleas of guilty offered by the defendant pursuant to this agreement are consistent with all the facts known to me and are made with my advice to the defendant and are in the best interest of the defendant.
4. To the best of my knowledge and belief, the defendant:
(a) Is competent and understands the charges and the consequences of pleading guilty as provided in this agreement.
(b) Executed this agreement and will enter all guilty pleas pursuant hereto voluntarily.
(c) Was not under the influence of intoxicating liquor, a controlled substance or other drug at the time of the execution of this agreement.
Dated: This ............. day of .........., 19.....
.............................................................
Attorney for defendant
Sec. 2. NRS 174.035 is hereby amended to read as follows:
174.035 1. A defendant may plead not guilty, guilty or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty . [, and]
2. If a plea of guilty is made in a written plea agreement, the agreement must be in substantially the form prescribed in section 1 of this act. If a plea of guilty is made orally, the court shall not accept such plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and consequences of the plea.
[2.] 3. With the consent of the court and the district attorney, a defendant may enter a conditional plea of guilty or nolo contendere, reserving in writing the right, on appeal from the judgment, to a review of the adverse determination of any specified pretrial motion. A defendant who prevails on appeal must be allowed to withdraw the plea.
κ1995 Statutes of Nevada, Page 1535 (CHAPTER 480, SB 549)κ
[3.] 4. The defendant may, in the alternative or in addition to any one of the pleas permitted by subsection 1, plead not guilty by reason of insanity. A defendant who has not so pleaded may offer the defense of insanity during trial upon good cause shown. Under such plea or defense, the burden of proof is upon the defendant to establish his insanity by a preponderance of the evidence.
[4.] 5. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
[5.] 6. A defendant may not enter a plea of guilty pursuant to a plea bargain for an offense punishable as a felony for which:
(a) Probation is not allowed; or
(b) The maximum prison sentence is more than 10 years,
unless the plea bargain is set forth in writing and signed by the defendant, the defendants attorney, if he is represented by counsel, and the prosecuting attorney.
Sec. 3. NRS 177.015 is hereby amended to read as follows:
177.015 The party aggrieved in a criminal action may appeal only as follows:
1. Whether that party is the state or the defendant:
(a) To the district court of the county from a final judgment of the justices court.
(b) To the supreme court from an order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.
2. The state may, upon good cause shown, appeal to the supreme court from a pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125. Notice of the appeal must be filed with the clerk of the district court within 2 judicial days and with the clerk of the supreme court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the defendant [,] or , in the case of a defendant without counsel, the defendant [,] within 2 judicial days after the filing of the notice of appeal. The supreme court may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of the appeal and whether there may be a miscarriage of justice if the appeal is not entertained. If the supreme court entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such time as may be required.
3. The defendant only may appeal from a final judgment or verdict in a criminal case.
4. Except as otherwise provided in subsection 3 of NRS 174.035, the defendant in a criminal case shall not appeal a final judgment or verdict resulting from a plea of guilty or nolo contendere that the defendant entered into voluntarily and with a full understanding of the nature of the charge and the consequences of the plea, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings. The supreme court may establish procedures to require the defendant to make a preliminary showing of the propriety of the appeal.
Sec. 4. NRS 189.010 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 1536 (CHAPTER 480, SB 549)κ
189.010 [Any] Except as otherwise provided in NRS 177.015, a defendant in a criminal action tried before a justice of the peace may appeal from the final judgment therein to the district court of the county where the court of [such] the justice of the peace is held, at any time within 10 days from the time of the rendition of the judgment.
Sec. 5. 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. 6. 1. The amendatory provisions of sections 1 and 2 of this act do not apply to a plea agreement entered into before July 1, 1995.
2. The amendatory provisions of sections 3 and 4 of this act do not apply to final judgments or verdicts which are entered by a court before July 1, 1995.
Sec. 7. This act becomes effective on July 1, 1995.
________
Senate Bill No. 567Committee on Finance
CHAPTER 481
AN ACT relating to state agencies; revising the provisions governing the obligation of state agencies to pay for the services of the attorney general; making the provision concerning the allocation of the indirect costs for centralized services provided to state agencies permanent; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 228.113 is hereby amended to read as follows:
228.113 1. The attorney general may charge all state agencies which are not supported entirely from the state general fund for all services his office provides to those agencies [.] , to the extent that the cost of such services is not included in the budget of the office of the attorney general.
2. A state agency which is included in the cost allocation plan prepared by the director of the department of administration pursuant to section 2 of this act must be charged an amount determined in accordance with the cost allocation plan.
3. A state agency which is not included in the cost allocation plan must be charged for services on an hourly basis in an amount sufficient to pay the salary and other expenses of the deputy attorney general who provides the services.
Sec. 2. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
The director of the department of administration shall annually prepare a statewide cost allocation plan distributing service agency indirect costs among the various agencies in accordance with the principles and procedures established by federal regulations and guidelines.
κ1995 Statutes of Nevada, Page 1537 (CHAPTER 481, SB 567)κ
among the various agencies in accordance with the principles and procedures established by federal regulations and guidelines.
Sec. 3. NRS 228.115 is hereby repealed.
Sec. 4. This act becomes effective on July 1, 1995.
________
Senate Bill No. 561Committee on Commerce and Labor
CHAPTER 482
AN ACT relating to financial institutions; providing for the establishment of branches and for merger or the acquisition of branches interstate and internationally; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 55 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 41, 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, of this act have the meanings ascribed to them in those sections.
Sec. 3. Agency means an office or other place of business of a foreign bank located in this state at which credit balances are maintained incidental to or arising out of the exercise of banking powers, checks are paid or money is loaned, but at which deposits are not accepted from citizens or residents of the United States.
Sec. 4. Branch of a foreign bank means an office or other place of business located in this state at which deposits are received.
Sec. 5. Federal when used to modify the word agency or branch or the term representative office means licensed by the Comptroller of the Currency.
Sec. 6. Foreign means organized under the law of a foreign country or a colony, dependency or possession of a foreign county, or of Puerto Rico, Guam, American Samoa, the Virgin Islands or a territory of the United States.
Sec. 7. Representative office means an office of a foreign bank which is not a federal or state branch or agency or a subsidiary of a foreign bank.
Sec. 8. State when used to modify the word agency or branch or the term representative office means licensed pursuant to the provisions of this chapter.
Sec. 9. 1. Except as otherwise provided in subsection 2, a foreign bank shall not transact business in this state except at a state branch or agency for which it has been issued a license pursuant to this chapter.
2. A foreign bank:
κ1995 Statutes of Nevada, Page 1538 (CHAPTER 482, SB 561)κ
(a) Which maintains a federal branch or agency in this state may transact business authorized under federal law or regulation in that branch or agency.
(b) Which does not maintain a state branch or agency may make loans in this state secured by real property in this state.
(c) Organized under the law of a territory of the United States, Puerto Rico, Guam, American Samoa or the Virgin Islands may operate an interstate branch in this state as if it were a state bank.
3. Transaction of business by a subsidiary of a foreign bank does not constitute transaction of business by the parent bank.
Sec. 10. 1. A foreign bank which desires to obtain a license under this chapter to establish and maintain a state branch or agency shall submit an application to the commissioner pursuant to NRS 666.315. The application must contain:
(a) The same information as required by the Board of Governors of the Federal Reserve System for an application to establish a branch or agency, as the case may be, in the United States; and
(b) The information required pursuant to NRS 666.315,
and must be accompanied by the fee required by that section.
2. A foreign bank which is licensed under this chapter to establish and maintain a state branch or agency may not concurrently maintain a federal branch or agency in this state. A foreign bank which maintains a federal branch or agency in this state may not concurrently be licensed under this chapter to maintain a state branch or agency.
Sec. 11. 1. Except as otherwise provided in this chapter or in regulations adopted by the commissioner, a foreign bank operating at a state branch or agency has the same rights, privileges and powers as a Nevada bank at the same location, including the eligibility to exercise fiduciary powers, and is subject to the same duties, restrictions, penalties, liabilities, conditions and limitations that would apply under the laws of this state to a Nevada bank doing business at the same location, but:
(a) A state branch may not accept, from citizens or residents of the United States, deposits other than credit balances that are incidental to or arise out of its exercise of other lawful banking powers, but it may accept deposits from persons who are neither citizens nor residents of the Unites States;
(b) A state agency may not accept any deposits from citizens or residents of the United States other than credit balances that are incidental to or arise out of its exercise of other lawful banking powers, but it may accept deposits from persons who are neither citizens nor residents of the United States; and
(c) A state branch or agency is not required to maintain federal deposit insurance and the commissioner may, by regulation or order, exclude or exempt uninsured state branches or agencies from, or otherwise modify the applicability to uninsured state branches or agencies of, any law or regulation of this state that is generally applicable to insured Nevada banks, or that would otherwise be applicable to an insured Nevada bank doing business at the same location, taking into account applicable limitations on the privileges of state branches and agencies and on their power to take retail deposits.
2. Any limitation or restriction based on the capital stock and surplus of a Nevada bank shall be deemed to refer, as applied to a state branch or agency, to the dollar equivalent of the capital stock and surplus of the foreign bank, and if the foreign bank has more than one state branch or agency in this state, the business transacted by all the state branches and agencies must be aggregated in determining compliance with the limitation.
κ1995 Statutes of Nevada, Page 1539 (CHAPTER 482, SB 561)κ
and if the foreign bank has more than one state branch or agency in this state, the business transacted by all the state branches and agencies must be aggregated in determining compliance with the limitation.
3. The commissioner may adopt such additional, or modify the applicability of any existing, standards, conditions or requirements, by regulation, as he deems necessary to ensure the safety and soundness and the protection of creditors of the operations of branches and agencies of foreign banks in this state.
Sec. 12. 1. No foreign bank which is licensed to establish and maintain a state branch or agency may engage in fiduciary activities at that office unless the foreign bank first obtains a certificate of authority from the commissioner to engage in fiduciary activities there.
2. An application to obtain a certificate of authority to engage in fiduciary activities must be in such form and contain such information as the commissioner may require and must be accompanied by a fee in the amount of $500. The commissioner shall issue a certificate of authority to engage in fiduciary activities to a foreign bank making an application under this section if he finds that the foreign bank will exercise fiduciary powers in accordance with the laws and regulations of this state.
3. A foreign bank which holds a certificate of authority issued pursuant to this section may engage at its state branch or agency in fiduciary activities to the same extent and in the same manner as if the foreign bank were a Nevada bank.
4. A foreign bank which holds a certificate of authority issued pursuant to this section shall file reports and be subject to examination and supervision to the same extent and in the same manner as if the foreign bank were a Nevada bank.
5. The commissioner may suspend or revoke a certificate to engage in fiduciary activities issued pursuant to this section if he finds that:
(a) Conditions exist which would authorize him to revoke or suspend the foreign banks license to establish and maintain a state branch or agency; or
(b) Any fact or condition exists which, if it had existed at the time of the foreign banks original application to obtain a certificate of authority to engage in fiduciary activities, would have resulted in his refusing to issue the certificate of authority.
Sec. 13. 1. A state branch of a foreign bank licensed under this chapter may receive deposits and renew time deposits, and a state branch or agency of such a bank may close loans, service loans and receive payments on loans and other obligations, as an agent for any depository institution affiliated with the foreign bank, including branches, agencies and other offices of the same foreign bank located in other states, generally in accordance with the same terms, conditions, procedures and requirements that are applicable under the laws and regulations of this state to such activities as an agent which may be conducted by Nevada banks.
2. A state branch or agency of a foreign bank acting in this state as an agent in accordance with the provisions of this section must not be considered a branch of the affiliated depository institution, but no state branch or agency may act as agent for a branch or agency of an affiliated foreign bank other than the foreign bank which has been licensed to transact business in this state pursuant to this chapter.
κ1995 Statutes of Nevada, Page 1540 (CHAPTER 482, SB 561)κ
than the foreign bank which has been licensed to transact business in this state pursuant to this chapter.
3. A state branch or agency of a foreign bank licensed under this chapter may not:
(a) Conduct any activity as an agent under this section which that office is prohibited from conducting as a principal under any applicable federal or state law, including the acceptance of impermissible deposits; or
(b) As a principal, have an agent conduct any activity under this section which that office is prohibited from conducting under any applicable federal or state law, including the acceptance of impermissible deposits.
4. A state branch or agency of a foreign bank licensed under this chapter may act as an agent for a depository institution affiliated with the foreign bank only on terms that are consistent with safe and sound banking practices and all applicable regulations of the commissioner.
5. A state branch may receive deposits or renew time deposits, and a state branch or agency may close loans, service loans or receive payments on loans and other obligations, as an agent for persons other than those for whom such agency activities are specifically authorized by this section, if the commissioner so authorizes by regulation.
Sec. 14. 1. No foreign bank may establish or maintain a state representative office unless the foreign bank is licensed by the commissioner to maintain a state representative office.
2. A foreign bank that maintains a federal agency or branch in this state may establish or maintain one or more federal representative offices in this state.
Sec. 15. 1. The application for a license to establish and maintain a state representative office must be made in writing under oath and be in such form and contain such information as the commissioner may require. The application must be accompanied by a fee in the amount of $200. A fee of $100 must be paid annually to renew the license.
2. The commissioner shall require a foreign bank to include as part of its application to establish and maintain a state representative office an instrument irrevocably appointing the commissioner and his successors in office to be the foreign banks agent to receive service of any lawful process in any proceeding against the foreign bank or any of its successors which arises out of a transaction with its state representative office, with the same force and validity as if served on the foreign bank or its successor, as the case may be. The appointment must be in such form and contain such information as the commissioner may require.
Sec. 16. 1. A foreign bank making an application for a license to establish and maintain a state representative office must deliver to the commissioner two duplicate originals of the application.
2. The commissioner shall issue a license to a foreign bank to establish and maintain a state representative office if he finds that:
(a) The foreign bank is of good character and sound financial standing;
(b) The management of the foreign bank and the proposed management of the state representative office are adequate; and
(c) The convenience and needs of persons to be served by the proposed state representative office will be advantageously served.
κ1995 Statutes of Nevada, Page 1541 (CHAPTER 482, SB 561)κ
3. If the commissioner determines to issue a license to a foreign bank to establish and maintain a state representative office, he shall, when all fees have been paid as required by this chapter, issue the license.
4. Each license issued to a foreign bank to establish and maintain a state representative office must state fully the name of the foreign bank to which the license is issued, the address or addresses at which the state representative office is to be located and such other information as the commissioner may require.
Sec. 17. 1. A foreign bank which is licensed to establish and maintain a state representative office may, subject to such regulations as the commissioner may prescribe:
(a) Solicit loans and in connection therewith assemble information concerning credit, inspect and appraise property, secure information on titles, prepare applications for loans and make recommendations with respect to action thereon, solicit investors to purchase loans from the foreign bank and search for investors to contract with the foreign bank for servicing of loans;
(b) Solicit new business;
(c) Conduct research; and
(d) Perform administrative functions.
Any other activity, except as provided in subsection 2, which the foreign bank seeks to conduct at the office is subject to the prior written approval of the commissioner.
2. A state representative office may approve credit if the foreign bank:
(a) Gives 45 days prior written notice to the commissioner; and
(b) The commissioner does not object within the 45-day period to that activity by the state representative office.
Sec. 18. The commissioner, after notice and opportunity for a hearing, may revoke a license to establish and maintain a state representative office if he finds that:
1. The foreign bank has violated any provision of this chapter or any other law or regulation of this state; or
2. Any fact or condition exists which, if it had existed at the time of the foreign banks original application for the license, would have been a ground for refusing to issue the license.
Sec. 19. 1. Each foreign bank which is licensed to establish and maintain a state branch, agency or representative office shall post its license in a conspicuous place at such branch, agency or office.
2. A license issued by the commissioner pursuant to this chapter is not transferable or assignable.
Sec. 20. A foreign bank which is licensed to establish and maintain a state branch or agency shall have and continuously maintain in this state:
1. A registered office which may be, but need not be, the same as its place of business in this state; and
2. A registered agent, who may be a natural person who resides in this state and maintains a business office at the registered office or a corporation authorized to transact business in this state which maintains a business office at the registered office.
κ1995 Statutes of Nevada, Page 1542 (CHAPTER 482, SB 561)κ
Sec. 21. 1. A foreign bank which is licensed to establish and maintain a state branch or agency may from time to time change the address of its registered office, and shall change its registered agent if:
(a) The registered agent ceases to act for any reason;
(b) The registered agent becomes disqualified or incapacitated to act; or
(c) It revokes the appointment of its registered agent.
2. Any change of registered office or registered agent under this section may be effected by filing within 10 business days after the change two duplicate originals of a statement setting forth the details with respect to the change and the effective date thereof, in such form and containing such information as the commissioner may require.
Sec. 22. 1. In the case of a foreign bank which is licensed to establish and maintain a state branch or agency, service of process in any suit, action or proceeding or service of any notice or demand required or permitted by law to be served on a foreign corporation may be made on the foreign bank by service thereof on the registered agent of the foreign bank in this state. If a foreign bank fails to appoint or maintain a registered agent upon whom service of legal process or service of any such notice or demand may be had, or if the registered agent cannot with reasonable diligence be found at the registered office of the foreign bank, or if the license of the foreign banks state branch or agency is revoked, the commissioner by operation of law is irrevocably authorized as the agent of the foreign bank to accept service of any process or service of any notice or demand required or permitted by law to be served on the foreign bank.
2. In the case of a foreign bank which is licensed to establish and maintain a state representative office, service of process in any suit, action or proceeding or service of any notice or demand required or permitted by law to be served on a foreign corporation may be made on the foreign bank by service thereof on the commissioner.
3. Service on the commissioner in accordance with this section of any process, notice or demand against a foreign bank must be made by delivering to and leaving with him, or with any official having charge of his office, duplicate copies of the process, notice or demand. If any process, notice or demand is served on the commissioner, he shall immediately cause a copy thereof to be forwarded by certified mail addressed to the foreign bank at its principal office as the address appears in his records. Any service so had on the commissioner is returnable in not less than 30 days.
4. This chapter does not limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon a foreign corporation in any other manner permitted by law.
5. The commissioner shall keep a record of all processes, notices and demands served upon him under this section and shall record therein the time of service and his action with reference thereto.
Sec. 23. If the articles of incorporation of a foreign bank which is licensed to maintain a state branch or agency are amended, the foreign bank shall forthwith file in the office of the commissioner a copy of the amendment authenticated by the proper officer of the country of the foreign banks organization, but the filing thereof does not of itself enlarge or alter the purpose or purposes which the foreign bank is authorized to pursue in the transaction of its business in this state, nor authorize the foreign bank to transact business in this state under any name other than the name set forth in its license, nor extend the duration of its corporate existence.
κ1995 Statutes of Nevada, Page 1543 (CHAPTER 482, SB 561)κ
transaction of its business in this state, nor authorize the foreign bank to transact business in this state under any name other than the name set forth in its license, nor extend the duration of its corporate existence.
Sec. 24. 1. A foreign bank which is licensed to establish and maintain a state branch or agency shall secure an amended license if it changes its corporate name, changes the duration of its corporate existence or desires to pursue in this state other or additional purposes than those set forth in its previous application under this chapter for a license, by making application therefor to the commissioner.
2. The requirements with respect to the form and contents of an application under subsection 1, the manner of its execution, the filing of duplicate originals thereof with the commissioner, the issuance of an amended license and the effect thereof are the same as in the case of an initial application for a license to establish and maintain a state branch or agency.
Sec. 25. A foreign bank which is licensed to establish and maintain a state branch, agency or representative office shall file with the commissioner a notice, in such form and containing such information as the commissioner may prescribe, no later than 14 calendar days after the foreign bank becomes aware of any acquisition of control of the foreign bank or merges with another foreign bank.
Sec. 26. 1. No foreign bank which is licensed to establish and maintain a state branch, agency or representative office may relocate the office unless the commissioner first approves the relocation and issues an amended license authorizing the foreign bank to maintain the office at the new site.
2. An application by a foreign bank under this section must be in such form and contain such information as the commissioner requires.
3. If an application made by a foreign bank pursuant to this section is approved and all conditions precedent to the issuance of an amended license authorizing the foreign bank to maintain the office at the new site have been fulfilled, the commissioner shall issue an amended license.
4. Promptly after a foreign bank which is licensed to maintain a state branch, agency or representative office relocates the office, the foreign bank shall surrender to the commissioner its previous license for the office.
Sec. 27. 1. A state branch, agency or representative office is subject to examination by the commissioner to the same extent and in the same manner as if the state branch, agency or representative office were a Nevada bank.
2. In conducting an examination pursuant to this section, the commissioner:
(a) Is entitled to full access to the offices, books, accounts, papers, records, files, safes and vaults of each office; and
(b) May require the attendance of and examine under oath all persons whose testimony may be required relative to the activities of the office.
3. A foreign bank which is licensed to establish and maintain a state branch, agency or representative office shall pay a fee for conducting the examination and the expenses of preparing and typing the report of the examination at the rate established pursuant to NRS 658.101.
Sec. 28. 1. The commissioner has all of the powers granted to him by the laws of this state to the same extent and in the same manner as if a state branch, agency or representative office were a Nevada bank.
κ1995 Statutes of Nevada, Page 1544 (CHAPTER 482, SB 561)κ
2. If, after notice and a hearing, the commissioner finds that any person has violated any provision of this chapter or of any regulation or order issued under this chapter, he may, in addition to any other remedy or action available to him under the laws of this state, order the violator to pay to him a civil penalty in such a manner and in such an amount as he determines by regulation, consistent with the penalties provided for Nevada banks.
3. To carry out the purposes of this chapter, the commissioner may:
(a) Enter into cooperative, coordinating or information-sharing agreements with any other bank supervisory agency or any organization affiliated with or representing one or more bank supervisory agencies;
(b) With respect to periodic examination or other supervision of a foreign bank that maintains a state branch, agency or representative office, accept reports of examinations performed by, and reports submitted to, other bank supervisory agencies in lieu of conducting examinations, or of receiving reports, as might otherwise be required under this chapter; and
(c) Enter into joint examinations or joint enforcement actions with any other bank or supervisory agency having concurrent jurisdiction over any foreign bank, but the commissioner may at any time take any such actions independently if he determines that such actions are necessary or appropriate to carry out his responsibilities under this chapter and to ensure compliance with the laws of this state.
Sec. 29. 1. Each foreign bank which is licensed to establish and maintain a state branch, agency or representative office shall file with the commissioner such reports, at such times, as he may by regulation require.
2. Each report filed with the commissioner under this chapter or under any regulation adopted under this chapter must be in such form and contain such information, be signed in such manner and be verified in such manner as he may require.
Sec. 30. Each foreign bank which is licensed to establish and maintain a state branch, agency or representative office shall make, keep and preserve at the office all such books, accounts and other records relating to the business of the office in such form, in such manner and for such time as the commissioner may provide.
Sec. 31. 1. Each foreign bank which is licensed to establish and maintain a state branch or agency in this state shall keep the assets of its business in this state separate from the assets of its business outside this state.
2. The creditors of the business in this state conducted by a foreign bank at and recorded on the books of its state branch or agency are entitled to absolute priority over other creditors with respect to the assets of the foreign banks offices in this state.
Sec. 32. Each foreign bank which is licensed to establish and maintain a state branch or agency shall, in a manner established by the commissioner, give notice that deposits and credit balances in that office are not insured by the Federal Deposit Insurance Corporation.
Sec. 33. A foreign bank which is licensed to establish and maintain a state branch or agency is subject to the same limitations with respect to the payment of interest on deposits as a state bank which is a member of the Federal Reserve System.
κ1995 Statutes of Nevada, Page 1545 (CHAPTER 482, SB 561)κ
Sec. 34. 1. Each foreign bank which is licensed to establish and maintain a state branch or agency shall keep on deposit, in accordance with such regulations as the commissioner may adopt, with unaffiliated Nevada banks which the foreign bank designates and the commissioner approves, interest-bearing bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States, or of this state, or of a city, county, town, school district, or instrumentality of this state or guaranteed by this state, or dollar deposits, or obligations of the International Bank for Reconstruction and Development, or obligations issued by the Inter-American Development Bank, or obligations of the Asian Development Bank, or obligations issued by the African Development Bank, or such other assets as the commissioner by regulation permits, to an aggregate amount to be determined by the commissioner, based upon principal amount or market value, whichever is lower, in the case of the above-described securities, and subject to such limitations as he prescribes.
2. The commissioner may from time to time require that the assets deposited pursuant to this section be maintained by the foreign bank in such amount, in such form and subject to such conditions as he deems necessary or desirable for the maintenance of a sound financial condition, the protection of depositors and the public interest, and to maintain public confidence in the business of the state branch or agency. The commissioner may give credit to reserves required to be maintained with a federal reserve bank in or outside this state pursuant to federal law, in accordance with such regulations as he may adopt.
3. So long as it continues business in the ordinary course, a foreign bank is entitled to collect interest on securities deposited pursuant to this section and from time to time exchange, examine and compare the securities.
Sec. 35. 1. Each foreign bank which is licensed to establish and maintain a state branch or agency shall hold in this state currency, bonds, notes, debentures, drafts, bills of exchange or other evidence of indebtedness, including loan participation agreements or certificates, or other obligations payable in the United States or in United States money or, with the prior approval of the commissioner, in money freely convertible into United States money, or such other assets as the commissioner by regulation permits, in an amount which bears such relationship as the commissioner prescribes to liabilities of the foreign bank payable at or through its state branch or agency, including acceptances, but excluding amounts due and other liabilities to other offices, agencies or branches of, and wholly owned, except for a nominal number of directors shares, subsidiaries of, the foreign bank and such other liabilities as the commissioner determines.
2. For the purposes of this section, the commissioner shall value marketable securities at principal amount or market value, whichever is lower, may determine the value of any nonmarketable bond, note, debenture, draft, bill of exchange, other evidence of indebtedness, including agreements for or certificates of participation in loans, or of any other asset or obligation held or owed to the foreign bank or its state branch or agency in this state, and in determining the amount of assets for the purpose of computing the ratio of assets to liabilities, may by regulation exclude in whole or in part any particular asset.
κ1995 Statutes of Nevada, Page 1546 (CHAPTER 482, SB 561)κ
3. If, by reason of the existence or the potential occurrence of unusual and extraordinary circumstances, the commissioner deems it necessary or desirable for the maintenance of a sound financial condition, the protection of depositors, creditors and the public interest, and to maintain public confidence in the business of a state branch or agency, he may, subject to such terms and conditions as he may prescribe, require a foreign bank to deposit the assets required to be held in this state pursuant to this section with such Nevada banks as he may designate.
4. The assets held to satisfy the relationship of assets to liabilities prescribed by the commissioner pursuant to this section may include obligations of any person for money borrowed from a foreign bank holding a license to establish and maintain a state branch or agency only to the extent that the total of such obligations of any person are not more than 10 percent of the assets considered for purposes of this section.
Sec. 36. 1. Except as otherwise provided in subsection 2, a foreign bank which is licensed to establish and maintain a state branch shall at all times maintain a reserve against the deposits of the state branch as may from time to time be required to be maintained, pursuant to regulations issued by the Board of Governors of the Federal Reserve System, by a Nevada bank which is a member of the Federal Reserve System. The reserve must be maintained with a Nevada bank or national bank which the foreign bank designates and the commissioner approves.
2. A foreign bank which is required to maintain reserves pursuant to the authority granted the Board of Governors of the Federal Reserve System in section 7(a)(1)(B) of the federal International Banking Act (12 U.S.C. § 3105(a)(1)(b)) is exempt from the requirements of this section.
Sec. 37. 1. No foreign bank which is licensed to establish and maintain a state branch, agency or representative office may close that office without obtaining the prior written approval of the commissioner. An application by a foreign bank under this section must be in such form and include such information as the commissioner requires.
2. If the commissioner finds that the closing of the office will not be substantially detrimental to the public convenience and advantage, he shall approve the application.
3. If an application by a foreign bank under this section is approved and all conditions precedent to the closing have been fulfilled, the foreign bank may close the office and shall promptly thereafter surrender to the commissioner the license which authorized it to maintain the office.
Sec. 38. If, after notice and a hearing, the commissioner finds any of the following with respect to a foreign bank which is licensed to establish and maintain a state branch or agency, he may issue an order suspending or revoking the license of the foreign bank:
1. The foreign bank has violated any provision of this chapter or of any regulation or order issued under this chapter or any provision of any other applicable law, regulation or order;
2. The foreign bank is transacting activities in this state or elsewhere in an unsafe or unsound manner;
3. The foreign bank or any of its state branches or agencies is in an unsafe or unsound condition;
κ1995 Statutes of Nevada, Page 1547 (CHAPTER 482, SB 561)κ
4. The foreign bank has ceased to operate any of its offices in this state without the prior approval of the commissioner in accordance with this chapter;
5. The foreign bank is insolvent in that it has ceased to pay its debts in the ordinary course of business, it cannot pay its debts as they become due or its liabilities exceed its assets;
6. The foreign bank has suspended payment of its obligations, has made an assignment for the benefit of its creditors or has admitted in writing its inability to pay its debts as they become due;
7. The foreign bank has applied for an adjudication of bankruptcy, reorganization, arrangement or other relief under any foreign or domestic law on bankruptcy, reorganization, insolvency or moratorium, or any person has applied for any such relief under such a law against the foreign bank and the foreign bank has by any affirmative act approved of or consented to the action or the relief has been granted;
8. A receiver, liquidator or conservator has been appointed for the foreign bank or any proceeding for such an appointment or any similar proceeding has been initiated in the county of the foreign banks organization;
9. The existence of the foreign bank or the authority of the foreign bank to transact banking business under the laws of the country of the foreign banks organization has been suspended or terminated; or
10. Any fact or condition exists which, if it had existed at the time when the foreign bank applied for its license to transact business in this state, would have been a ground for denying the application.
Sec. 39. 1. If the commissioner finds that any of the factors set forth in section 38 of this act are true with respect to any foreign bank which is licensed to maintain a state branch or agency and that it is necessary for the protection of the interests of creditors of the foreign banks business in this state or, in any case, for the protection of the public interest that he immediately suspend or revoke the license of the foreign bank, he may issue an order suspending or revoking the license of the foreign bank.
2. Within 30 days after an order is issued pursuant to subsection 1, the foreign bank to which the order is issued may file with the commissioner a request for a hearing on the order. If the commissioner fails to commence the hearing within 15 business days after the request is filed with him, or within such longer period as the foreign bank consents to, the order shall be deemed rescinded. Within 30 days after the hearing, the commissioner shall affirm, modify or rescind the order. Otherwise, the order shall be deemed rescinded.
3. The right of any foreign bank to which an order is issued pursuant to subsection 1 to petition for judicial review of the order is not affected by the failure of the foreign bank to petition the commissioner for a hearing on the order pursuant to subsection 2.
Sec. 40. 1. If the commissioner finds that any of the factors set forth in section 38 of this act are true with respect to any foreign bank which is licensed to establish and maintain a state branch or agency and that it is necessary for the protection of the interests of the creditors of the foreign banks business in this state or for the protection of the public interest that he take immediate possession of the property and business of the foreign bank, he may by order take possession of the property and business of the foreign bank in this state and retain possession until the foreign bank resumes business in this state or is finally liquidated.
κ1995 Statutes of Nevada, Page 1548 (CHAPTER 482, SB 561)κ
bank in this state and retain possession until the foreign bank resumes business in this state or is finally liquidated. The foreign bank may, with the consent of the commissioner, resume business in this state upon such conditions as the commissioner may prescribe.
2. If the commissioner takes possession of the property and business of a foreign bank pursuant to subsection 1, the foreign bank may, within 10 days, apply to the district court in the county in which the primary office of the foreign bank in this state is located to enjoin further proceedings. The court may, after citing the commissioner to show cause why further proceedings should not be enjoined and after a hearing, dismiss the application or enjoin the commissioner from further proceedings and order him to surrender the property and business of the foreign bank to the foreign bank or make further order as may be just.
3. The commissioner or the foreign bank may appeal from the judgment of the court having jurisdiction over any proceedings under subsection 2 in the manner provided by law for appeals from the judgment of a district court. If the commissioner appeals from the judgment of the district court, the appeal operates as a stay of the judgment and the commissioner need not post any bond.
4. If the commissioner takes possession of the property and business of a foreign bank pursuant to subsection 1, he shall conserve or liquidate the property and business of the foreign bank pursuant to the laws of this state as if the foreign bank were a Nevada bank, with absolute priority given to the creditors of the business in this state conducted by the foreign bank at and recorded on the books of its state branch or agency.
5. When the commissioner has completed the liquidation of the property and business of a foreign bank, he shall transfer any remaining assets to the foreign bank in accordance with such orders as the court may issue. However, if the foreign bank has an office in another state of the United States which is in liquidation and the assets of that office appear to be insufficient to pay in full the creditors of that office, the court shall order the commissioner to transfer to the liquidator of that office such amount of any such remaining assets as appears to be necessary to cover the insufficiency. If there are two or more such offices and the amount of remaining assets is less than the aggregate amount of insufficiencies with respect to the offices, the court shall order the commissioner to distribute the remaining assets among the liquidators of those offices in such manner as the court finds equitable.
Sec. 41. 1. Except as otherwise provided in subsection 2, an out-of-state foreign bank may establish an interstate Nevada branch in the same manner, including by merger or other transaction under section 44 of the Federal Deposit Insurance Act and comparable provisions of the laws of this state, with Nevada banks or other institutions, as, and subject to the same criteria, standards, conditions, requirements and procedures applicable to the establishment of interstate branches in this state by, an out-of-state bank having the same home state in the United States.
2. The commissioner:
(a) Shall apply to the establishment of an initial interstate branch, and subsequent intrastate state branches, of any out-of-state foreign bank the same criteria, standards, conditions, requirements and procedures applicable under this chapter or regulations adopted thereunder to the establishment of an initial state branch, and of subsequent intrastate Nevada branches, respectively by other foreign banks;
κ1995 Statutes of Nevada, Page 1549 (CHAPTER 482, SB 561)κ
this chapter or regulations adopted thereunder to the establishment of an initial state branch, and of subsequent intrastate Nevada branches, respectively by other foreign banks;
(b) May apply any other criterion, standard, condition, requirement or provision of the laws or regulations of this state that he determines to be substantially equivalent to or consistent with a criterion, standard, condition, requirement or provision of federal law or regulation generally applicable to the establishment of branches in the United States by foreign banks or specifically applicable to the establishment of a branch in the United States by the applicant foreign bank; and
(c) May by regulation allow an out-of-state foreign bank:
(1) To acquire or merge with another foreign bank maintaining a state branch or agency and thereafter continue such operations as its own; and
(2) To acquire or establish an interstate Nevada branch through any other means not inconsistent with section 5 of the federal International Banking Act (12 U.S.C. § 3103).
3. As used in this section, the words and terms defined in sections 53 and 55 of this act have the meanings ascribed to them in those sections.
Sec. 42. Chapter 657 of NRS is hereby amended by adding thereto a new section to read as follows:
Nevada when used to modify:
1. The word bank or the term depository institution means organized under the laws of this state; and
2. The term national bank means having its headquarters within this state.
Sec. 43. NRS 657.005 is hereby amended to read as follows:
657.005 As used in this Title, except as otherwise specifically provided or the context otherwise requires, the words and terms defined in NRS 657.016 to 657.085, inclusive, and section 42 of this act have the meanings ascribed to them in those sections.
Sec. 44. NRS 657.016 is hereby amended to read as follows:
657.016 Bank, commercial bank, banking company or banking corporation refers to corporations or limited-liability companies, whether chartered by [the state] this state, another state or the United States, conducting the business of receiving money as demand deposits or otherwise carrying on a banking or banking and trust business.
Sec. 45. NRS 657.037 is hereby amended to read as follows:
657.037 Depository institution means any bank, savings and loan association, savings bank, thrift company, credit union or other institution, whether chartered by [the] this state , another state or the Federal Government, which:
1. Holds or receives deposits, savings or share accounts;
2. Issues certificates of deposit; or
3. Provides to its customers other depository accounts which are subject to withdrawal by checks, drafts or other instruments or by electronic means to effect payment to a third party.
Sec. 46. NRS 661.145 is hereby amended to read as follows:
661.145 1. No person is eligible to serve as a director or manager of any bank, organized or existing under the laws of this state, unless he is a bona fide owner of stock of the bank or its [bank] holding company, or has a members interest in the bank.
κ1995 Statutes of Nevada, Page 1550 (CHAPTER 482, SB 561)κ
fide owner of stock of the bank or its [bank] holding company, or has a members interest in the bank. The stock or interest owned must have a total fair market value of at least $1,000. A determination of the value of the stock or interest must be based on its value on the date it was purchased or on its value on the date the owner became a director, whichever is greater. The stock or the members contribution must be fully paid and not pledged.
2. [A] Except in the case of a merger between an out-of-state bank and a Nevada bank or an out-of-state bank that acquires a branch in Nevada pursuant to the provisions of chapter 666 of NRS, a majority of the board of directors or managers of every bank must be residents of the State of Nevada, and at least one of the directors or managers must reside in the county where its principal place of business is to be conducted.
3. For the purposes of this section, [bank holding] holding company has the meaning ascribed to it in [NRS 666.065.] section 54 of this act.
Sec. 47. NRS 662.015 is hereby amended to read as follows:
662.015 1. In addition to the powers conferred by law upon private corporations and limited-liability companies, a bank may:
(a) Exercise by its board of directors, managers or authorized officers and agents, subject to law, all powers necessary to carry on the business of banking, by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness, by receiving deposits, by buying and selling exchange, coin and bullion and by loaning money on personal security or real and personal property. At the time of making loans, banks may take and receive interest or discounts in advance.
(b) Adopt regulations for its own government not inconsistent with the constitution and laws of this state.
(c) Issue, advise and confirm letters of credit authorizing the beneficiaries to draw upon the bank or its correspondents.
(d) Receive money for transmission.
(e) Establish and become a member of a clearinghouse association and pledge assets required for its qualification.
(f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the commissioner. The commissioner may, by regulation, waive or modify a requirement of this Title if the corresponding requirement for national banks is eliminated or modified.
(g) Provide for the performance of the services of a bank service corporation, such as data processing and bookkeeping, subject to any regulations which may be adopted by the commissioner.
(h) Unless otherwise specifically prohibited by federal law, sell annuities if licensed by the commissioner of insurance.
2. A bank may purchase, hold and convey real property:
(a) As is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion. This investment must not exceed, except as otherwise provided in this section, 60 percent of its capital accounts plus subordinated capital notes and debentures. The commissioner may, in his discretion, authorize any bank located in a city whose population is more than $10,000 to invest more than 60 percent of its capital accounts plus subordinated capital notes and debentures in its banking houses, furniture and fixtures.
κ1995 Statutes of Nevada, Page 1551 (CHAPTER 482, SB 561)κ
percent of its capital accounts plus subordinated capital notes and debentures in its banking houses, furniture and fixtures.
(b) As is mortgaged to it in good faith by way of security for loans made or money due to the bank.
(c) As is permitted by NRS 662.103.
3. This section does not prohibit any bank from holding, developing or disposing of any real property it may acquire through the collection of debts due it. Any real property acquired through the collection of debts due it may not be held for a longer time than 10 years. It must be sold at private or public sale within 30 days thereafter. During the time that the bank holds the real property, the bank shall charge off the real property on a schedule of not less than 10 percent per year, or at a greater percentage per year as the commissioner may require.
Sec. 48. NRS 662.245 is hereby amended to read as follows:
662.245 1. Except as otherwise specifically provided by statute, no bank or other organization, and no officer, employee or agent of such an organization, acting on its behalf, may be appointed to act as fiduciary by any court or by authority of any law of this state unless, in addition to any other requirements of law, the bank or other organization:
(a) Is organized under the laws of and has its principal place of business in this state [;] or is a depository institution authorized by the commissioner to operate a branch or agency in this state;
(b) Is a national banking association which has its principal place of business in this state;
(c) Associates as cofiduciary a bank whose principal place of business is in this state; or
(d) Is a national bank, banking corporation, trust corporation or trust company which:
(1) Is organized under the laws of and has its principal place of business in another state which allows banks, trust corporations or trust companies organized under the laws of this state to act as fiduciary;
(2) Is authorized by its charter to act as fiduciary; and
(3) Before the appointment as fiduciary, files with the secretary of state a document, acknowledged before a person authorized to take acknowledgment of deeds, which:
(I) Appoints the secretary of state as its attorney upon whom all process in any action or proceeding against it may be served; and
(II) Contains its agreement that the appointment continues in force as long as any liability remains outstanding against it in this state, and that any process against it which is served on the secretary of state is of the same legal validity as if served on it personally.
A copy of the document required by this subparagraph, certified by the secretary of state, is sufficient evidence of the appointment and agreement.
2. A court with jurisdiction over the accounts of a fiduciary that is a national bank, banking corporation, trust corporation or trust company described in paragraph (d) of subsection 1, may require such a fiduciary to provide a bond to ensure the performance of its duties as fiduciary, in the same manner and to the same extent as the court may require such a bond from a fiduciary that is a banking or other corporation described in paragraph (a) or (b) of subsection 1.
κ1995 Statutes of Nevada, Page 1552 (CHAPTER 482, SB 561)κ
from a fiduciary that is a banking or other corporation described in paragraph (a) or (b) of subsection 1.
3. As used in this section:
(a) Fiduciary means an executor, commissioner, guardian of minors or estates, receiver, depositary or trustee.
(b) State means any state or territory of the United States, or the District of Columbia.
Sec. 49. NRS 665.130 is hereby amended to read as follows:
665.130 [1.] The commissioner shall receive and place on file in his office all reports required by law and shall certify all reports required to be published. The reports filed with or prepared by the division of financial institutions and other information obtained from a depository institution are not public records and may not be disclosed , except [as provided in this section and NRS 665.133.
2. The following records and information are open to the public:
(a) Information contained in an application filed pursuant to NRS 666.225 to 666.375, inclusive, unless the applicant requests confidentiality and the commissioner grants the request; and
(b) Any other] information concerning financial institutions which by specific statute is made generally available to the public.
Sec. 50. NRS 665.133 is hereby amended to read as follows:
665.133 1. The records and information described in subsection 1 of NRS 665.130 may be disclosed to:
(a) An agency of the Federal Government or of another state which regulates the financial institution which is the subject of the records or information;
(b) The director of the department of business and industry for his confidential use;
(c) The state board of finance for its confidential use, if the report or other information is necessary for the state board of finance to perform its duties under this Title;
(d) An entity which insures or guarantees deposits;
(e) A public officer authorized to investigate criminal charges in connection with the affairs of the depository institution;
(f) A person preparing a proposal for merging with or acquiring an institution or holding company , [pursuant to NRS 666.225 to 666.375, inclusive,] but only after notice of the disclosure has been given to the institution or holding company;
(g) Any person to whom the subject of the report has authorized the disclosure;
(h) Any other person if the commissioner determines, after notice and opportunity for hearing, that disclosure is in the public interest and outweighs any potential harm to the depository institution and its shareholders, members, depositors and creditors; and
(i) Any court in a proceeding initiated by the commissioner concerning the financial institution.
2. All the reports made available pursuant to this section remain the property of the division of financial institutions, and no person, agency or authority to whom the reports are made available, or any officer, director or employee thereof, may disclose any of the reports or any information contained therein, except in published statistical material that does not disclose the affairs of any natural person or corporation.
κ1995 Statutes of Nevada, Page 1553 (CHAPTER 482, SB 561)κ
employee thereof, may disclose any of the reports or any information contained therein, except in published statistical material that does not disclose the affairs of any natural person or corporation.
Sec. 51. Chapter 666 of NRS is hereby amended by adding thereto the provisions set forth as sections 52 to 62, inclusive, of this act.
Sec. 52. De novo branch means a branch of a depository institution which:
1. Is newly established by the depository institution as a branch; and
2. Does not become a branch of the depository institution as a result of:
(a) The acquisition by the depository institution of an insured depository institution or a branch of an insured depository institution; or
(b) The conversion, merger or consolidation of any such institution or branch.
Sec. 53. Holding company means a company:
1. Which directly or indirectly owns or controls 25 percent or more of the voting stock of a depository institution;
2. Which controls the election of a majority of the directors of a depository institution; or
3. For the benefit of whose stockholders 25 percent or more of the voting stock of a depository institution is held by one or more trustees.
Sec. 54. Home state means:
1. For a state chartered depository institution, the state that charters the institution;
2. For a federally chartered institution, the state where the institutions main office is located; and
3. For a holding company, the state in which the total deposits of all of its subsidiaries are the largest.
Sec. 55. Host state means:
1. For a depository institution, a state, other than the institutions home state, where the institution maintains or seeks to establish a branch; and
2. For a holding company, a state, other than the holding companys home state, where the holding company controls or seeks to control a depository institution as a subsidiary.
Sec. 56. Out-of-state when used to modify the term bank, depository institution or holding company signifies that its home state is not Nevada.
Sec. 57. 1. A depository institution may, at its main office or at any branch, act as an agent of any other depository institution that is a subsidiary of the same holding company in conducting the activities authorized by this section. This section applies whether or not the affiliated depository institutions have the same home state.
2. A depository institution acting as an agent for an affiliated depository institution may:
(a) Receive deposits;
(b) Renew time deposits;
(c) Close loans;
(d) Service loans; and
(e) Receive payments on loans and other obligations.
κ1995 Statutes of Nevada, Page 1554 (CHAPTER 482, SB 561)κ
3. A depository institution may not do any of the following as an agent on behalf of an affiliated depository institution:
(a) Open or originate deposit, savings or share accounts;
(b) Evaluate or approve loans;
(c) Disburse money loaned; or
(d) Conduct any activity as an agent that it is prohibited from conducting as a principal under any applicable law.
4. A depository institution acting as a principal may not have an affiliated depository institution act as its agent in conducting any activity that:
(a) The principal depository institution is prohibited from conducting; or
(b) The agent depository institution would be prohibited from conducing as a principal.
5. An agency between affiliates under this section must be consistent with safe and sound practices and shall comply with all applicable laws.
6. A depository institution acting as an agent shall not be deemed a branch of the affiliate solely because of activities conducted under this section.
7. A depository institution that proposes to enter into an agreement for an agency under this section shall file with the commissioner, at least 30 days before the effective date of the agreement;
(a) A notice of intention to enter into an agreement for an agency with a depository institution;
(b) A description of the services proposed to be performed under the agreement; and
(c) A copy of the agreement.
Sec. 58. 1. Subject to the provisions of sections 60, 61 and 62 of this act, and after approval of the commissioner pursuant to NRS 666.315, an out-of-state depository institution or its holding company may acquire control of, acquire all or substantially all of the assets of, or merge with, a Nevada depository institution or its holding company.
2. An out-of-state depository institution or holding company that acquires a Nevada depository institution, or an out-of-state depository institution that is the resulting depository institution after merging with a Nevada depository institution, or an out-of-state depository institution that otherwise establishes or acquires a branch in Nevada, may do any of the following in accordance with applicable state and federal law:
(a) Continue to operate the Nevada depository institution or branch;
(b) Convert any existing main office or branch in Nevada into a branch of the out-of-state depository institution;
(c) Establish or acquire additional branches of the out-of-state depository institution in any state where the Nevada depository institution could have done so had it not been acquired or merged; and
(d) Exercise any power and engage in any activity in this state to the same extent as a depository institution of the same class whose home state is Nevada.
3. A branch in this state of an out-of-state depository institution shall comply with the law of the institutions home state, or comply with federal law in the case of a federally chartered institution. If the laws of this state as a host state conflict with the laws of another state as a home state, the laws of the home state prevail except that:
κ1995 Statutes of Nevada, Page 1555 (CHAPTER 482, SB 561)κ
(a) The commissioner may, by regulation, order that Nevada law prevail over that of the home state if the application of Nevada law is necessary to preserve the safe and sound operation of the branch or otherwise protect the residents of this state; and
(b) The laws of this state regarding protection of customers, fair lending and intrastate branching apply to a branch in this state of an out-of-state depository institution to the same extent as those laws apply to a branch in this state of a depository institution chartered by this state.
4. This section does not affect the authority of the commissioner to examine, supervise and regulate an out-of-state depository institution operating or seeking to operate a branch in this state or to take any action or issue any order with regard to that branch pursuant to NRS 666.325.
Sec. 59. 1. Except as otherwise provided in this section, an out-of-state depository institution without a branch in Nevada, or an out-of-state holding company without a depository institution in Nevada, may acquire a Nevada depository institution and convert the institution to a branch of the out-of-state depository institution or depository institution of the out-of-state holding company. If the Nevada depository institution is chartered after September 28, 1995, the Nevada depository institution may be so acquired only if it has been in existence for at least 5 years. For the purposes of this subsection, a depository institution chartered solely for the purpose of acquiring another depository institution is considered to have been in existence for the same period as the depository institution to be acquired, so long as it does not open for business at any time before the acquisition.
2. If the commissioner considers it necessary to protect depositors, creditors and other customers of a failing depository institution or a failing holding company which controls a depository institution, he may authorize the acquisition of the institution or company by, or its merger with, another institution or company regardless of the duration of existence of the failing depository institution or failing holding company.
3. The restriction in subsection 1 does not apply to an acquisition of, or merger between, affiliated depository institutions.
Sec. 60. An out-of-state depository institution without a branch in Nevada, or an out-of-state holding company without a depository institution in Nevada may not establish a de novo branch in this state or acquire, through merger or otherwise, a branch of a depository institution in Nevada without acquiring the institution itself or its charter, except that, with the written approval of the commissioner, an out-of-state depository institution without a branch in Nevada, or an out-of-state holding company without a depository institution in Nevada may establish a branch office or acquire an existing branch in a county whose population is less than 100,000 without acquiring or merging with a Nevada depository institution or a Nevada holding company.
Sec. 61. To the extent authorized by federal law, the commissioner may waive any applicable federal limit on concentration of deposits if he finds that the waiver promotes the availability of financial services or is otherwise in the public interest. The commissioner may, by regulation, establish standards for granting a waiver pursuant to this section and the procedure for requesting a waiver. In making a decision to waive such a federally imposed limit, the commissioner shall apply a standard that does not discriminate in purpose or effect against out-of-state depository institutions.
κ1995 Statutes of Nevada, Page 1556 (CHAPTER 482, SB 561)κ
commissioner shall apply a standard that does not discriminate in purpose or effect against out-of-state depository institutions.
Sec. 62. The commissioner may, by regulation, require an out-of-state depository institution or holding company to submit such reports or permit the submission of such reports prepared pursuant to federal law as, in his discretion, contain sufficient information pertinent to operations in Nevada of branches of the institution or of depository institutions of the holding company.
Sec. 63. NRS 666.015 is hereby amended to read as follows:
666.015 1. [A state bank] With the approval of the commissioner, a Nevada depository institution may merge or consolidate with, or transfer its assets and liabilities to, another [state bank. Before the merger, consolidation or transfer becomes effective, each bank concerned in the merger, consolidation or transfer shall file with the commissioner certified copies of the minutes of all proceedings had by its directors and stockholders, or managers and members, regarding the merger, consolidation or transfer.
2. The minutes of the proceedings had by the stockholders or members of each bank must set forth that holders of at least two-thirds of the stock or members interests voted in the affirmative on the proposition of merger, consolidation or transfer. The minutes must also contain or have attached thereto a complete copy of the agreement made and entered into between the banks, with reference to the merger, consolidation or transfer.] Nevada depository institution, an out-of-state depository institution or an out-of-state holding company.
2. Application to the commissioner for approval of the merger, consolidation or transfer must be on a form prescribed by the commissioner and must include:
(a) A nonrefundable fee of $3,000 for the application. The depository institution shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this section must be placed in the investigative account created by NRS 232.545.
(b) Certified copies of the minutes of all proceedings had by the directors and stockholders or the managers and members of the depository institution or the stockholders of the holding company regarding the merger, consolidation or transfer. The minutes of the proceedings had by the stockholders or members of each depository institution or the stockholders of each holding company must set forth that holders of at least two-thirds of the stock or members interests voted in the affirmative on the proposition of merger, consolidation or transfer. The minutes must also contain or have attached thereto a complete copy of the agreement made and entered into between the depository institutions or with the holding company, with reference to the merger, consolidation or transfer.
(c) Information which the commissioner requires to make the findings specified in subsection 7.
3. When [the certified copies of all minutes have] a completed application has been filed, the commissioner shall conduct an investigation of each [bank] depository institution to determine:
κ1995 Statutes of Nevada, Page 1557 (CHAPTER 482, SB 561)κ
(a) Whether the interests of the depositors, creditors and stockholders or members of each [bank] depository institution are protected.
(b) That the merger, consolidation or transfer is in the public interest.
(c) That the merger, consolidation or transfer is made for legitimate purposes.
(d) Whether each depository institution has a good record of compliance with the Community Reinvestment Act (12 U.S.C. §§ 2901 to 2905, inclusive).
4. The commissioners [consent to] approval or rejection of the merger, consolidation or transfer must be based upon his investigation. [No merger, consolidation or transfer may be made without the consent of the commissioner.] The expense of the investigation must be paid by the [banks.] depository institutions.
5. Notice of the merger, consolidation or transfer must be published once a week for 4 consecutive weeks, before or after the merger, consolidation or transfer is effective at the discretion of the commissioner, in a newspaper published in a city, town or county in which each of the [banks] depository institutions is located, and a certified copy of the notice must be filed with the commissioner.
6. The commissioner shall issue his written decision within 60 days after receiving a completed application. The commissioner may approve the application subject to any terms and conditions which he considers necessary to protect the public interest.
7. The commissioner shall disapprove an application if he finds that:
(a) The proposed transaction would be detrimental to the safety and soundness of the applicant, to any institution which is a party to the transaction or to a subsidiary or affiliate of any such institution;
(b) The applicant, its executive officers, directors, managers, principal stockholders or members have not established a record of sound performance, efficient management, financial responsibility and integrity so that it would be against the interest of the depositors, other customers, creditors, shareholders or members of an institution, or the public to authorize the proposed transaction;
(c) The financial condition of the applicant or any other institution which is a participant in the proposed transactions might jeopardize the financial stability of the applicant or other institution, or prejudice the interests of depositors or other customers of the applicant or other institutions;
(d) The consummation of the proposed transaction will tend to lessen competition substantially, unless he finds that the anticompetitive effects of the proposed transaction are clearly outweighed by the benefit of accommodating the convenience and needs of the relevant market to be served; or
(e) The applicant has not established a record of meeting the needs for credit of the communities which it or its subsidiary depository institution serves.
8. In any merger, consolidation or transfer, all rights of creditors and all liens upon any property of the constituent [banks] depository institutions must be preserved unimpaired, limited in lien to the property affected by those liens immediately before the time of the merger, consolidation or transfer.
κ1995 Statutes of Nevada, Page 1558 (CHAPTER 482, SB 561)κ
All debts, liabilities and duties of the respective constituent [banks] depository institutions must thenceforth attach to the surviving, consolidated or transferee [bank] depository institution and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.
[7.] 9. In the case of a merger, consolidation or transfer pursuant to the provisions of this section, if any stockholder or member of any constituent [bank] depository institution votes against the agreement, objects to the agreement in writing at or before the taking of the vote thereon, and, within 20 days after the date on which the agreement is filed as provided in this section, demands in writing from the surviving or consolidated [bank] depository institution payment for his shares or interest, the surviving, consolidated or transferee [bank] depository institution shall, within 30 days thereafter, pay to the stockholder or member the fair cash value of his shares or interest as of the day before the vote on the agreement of merger, consolidation or transfer was taken, exclusive of any element of value arising from the expectation or accomplishment of the merger, consolidation or transfer.
10. A Nevada depository institution authorized pursuant to this section to merge or consolidate with, or transfer its assets and liabilities to, an out-of-state depository institution or an out-of-state holding company shall comply with the laws of all states in which it is authorized to operate.
Sec. 64. NRS 666.065 is hereby amended to read as follows:
666.065 As used in NRS 666.065 to 666.215, inclusive, unless the context otherwise requires:
1. To acquire a bank means to obtain control of an existing bank or to establish a new bank.
2. [Bank holding company means a company:
(a) Which directly or indirectly owns or controls 25 percent or more of the voting stock of, or members interests in, a bank;
(b) Which controls the election of a majority of the directors or managers of a bank; or
(c) For the benefit of whose stockholders 25 percent or more of the voting stock of, or members interests in, a bank is held by one or more trustees.
3.] Business trust means an organization in which a business or property is conveyed to trustees who manage the business or property for the benefit of the holders of the beneficial interest in the trust. The term does not include a voting trust.
[4.] 3. Company means any corporation, business trust, association or similar entity, but does not include:
(a) A natural person; or
(b) A corporation of which a majority of the stock is owned by the United States or any state.
Sec. 65. NRS 666.225 is hereby amended to read as follows:
666.225 As used in [NRS 666.225 to 666.375, inclusive,] this chapter the words and terms defined in NRS 666.235 [to 666.275, inclusive,] , 666.245 and sections 52 to 56, inclusive, of this act have the meanings ascribed to them in those sections.
κ1995 Statutes of Nevada, Page 1559 (CHAPTER 482, SB 561)κ
Sec. 66. NRS 666.305 is hereby amended to read as follows:
666.305 1. Unless the commissioner gives prior written approval, no person may:
(a) Acquire, directly or indirectly, a depository institution or holding company whose [operations are principally conducted in this state;] home state is Nevada;
(b) Vote the stock of a depository institution or holding company acquired in violation of paragraph (a);
(c) Acquire, directly or indirectly, the voting or nonvoting securities of a depository institution or a holding company whose [operations are principally conducted in this state] home state is Nevada if the acquisition would result in that persons obtaining more than 20 percent of the authorized voting securities of the institution or company if the nonvoting securities were converted into voting securities; or
(d) Merge or consolidate with a depository institution or a holding company whose [operations are principally conducted in this state.
2. With the written approval of the commissioner, a foreign depository institution or a holding company for a foreign depository institution may establish a branch office in a county whose population is less than 100,000 without acquiring or merging with a depository institution or a holding company whose operations are principally conducted in this state.
3.] home state is Nevada.
2. Any person who willfully violates any provision of this section or any regulation adopted by the commissioner pursuant to this section is guilty of a misdemeanor. Each day during which the violation continues constitutes a separate offense.
[4.] 3. The commissioner may obtain injunctive relief to prevent any change in control or impending violation of this section.
Sec. 67. NRS 666.325 is hereby amended to read as follows:
666.325 1. The commissioner may examine and supervise any [foreign] out-of-state depository institution or holding company which has been authorized to do business in this state. Such institutions and holding companies are subject to regulation in the same manner as institutions and holding companies organized under the laws of this state and must pay the same fees for supervision and examination [.] , except that the commissioner may coordinate these activities with any state or federal agency that shares jurisdiction over the institution.
2. The commissioner may coordinate the examination, supervision and regulation of any depository institution chartered by this state with the examination, supervision and regulation of an affiliated depository institution or branch operating in another state.
3. The commissioner may take any reasonable and lawful action in furtherance of coordinating the regulation of interstate operations pursuant to this section, including:
(a) Negotiating and entering into cooperative agreements with an agency of another state or of the Federal Government;
(b) Sharing information and reports with an agency that shares jurisdiction over the institution;
κ1995 Statutes of Nevada, Page 1560 (CHAPTER 482, SB 561)κ
(c) Accepting as sufficient examination reports and other information compiled or generated by or for an agency that shares jurisdiction over the institution;
(d) Contracting with an agency that shares jurisdiction over the institution to engage the services of its examiners at a reasonable rate of compensation;
(e) Offering the services of the divisions examiners at a reasonable rate of compensation to an agency that shares jurisdiction over the institution;
(f) Collecting fees on behalf of, or receiving payment of fees through, an agency that shares jurisdiction over the institution;
(g) Cooperating in any other way with other supervisory agencies and professional associations to promote the efficient, safe and sound operation and regulation of interstate activities of depository institutions, including the formation of interstate policies and procedures for examination and the drafting of model laws, rules and agreements; and
(h) Adopting regulations to carry out the provisions of this section.
Sec. 68. NRS 666.355 is hereby amended to read as follows:
666.355 [1.] If the commissioner considers it necessary to protect depositors, creditors and other customers of a failing depository institution or a failing holding company which controls a depository institution, he may solicit offers from and authorize or require the acquisition of the institution or company by or its merger with another institution or company . [in the following order of priority:
(a) A depository institution of the same class organized under the laws of this state or a holding company whose subsidiaries are of the same class and whose operations are principally conducted in this state.
(b) Any other depository institution licensed under the laws of this state or of the United States if its principal office is located in this state, including institutions which have offices in other states.
(c) A depository institution licensed under the laws of another state or of the United States or a holding company for such an institution.
The commissioner shall solicit written offers from all eligible institutions, regardless of the order of priority established by this subsection, and wait at least 30 days after solicitation before selecting the institution to be approved.
2. The selection of an institution must be made in accordance with the order of priority established in subsection 1 only if such a selection affords the greatest financial recovery by the failing institutions depositors of all offers received. If it does not, the commissioner may negotiate with the institutions submitting offers, following that order of priority, and accept that offer which would afford the greatest financial recovery by the failing institutions depositors.]
Sec. 69. NRS 666.375 is hereby amended to read as follows:
666.375 The commissioner may not authorize or require any transaction pursuant to NRS 666.355 involving [a] an out-of-state depository institution [organized under the laws of any state other than this, or a] or an out-of-state holding company , [whose subsidiaries principally conduct their operations in any state other than this,] unless he finds that:
1. The acquiring or merging depository institution or holding company has demonstrated an acceptable record of meeting the needs for credit of the communities which it serves; and
κ1995 Statutes of Nevada, Page 1561 (CHAPTER 482, SB 561)κ
2. The acquiring or merging depository institution or holding company has a record of sound performance, adequate capital, financial capacity and efficient management so the acquisition or merger will not jeopardize the financial stability of the acquired or merged depository institution and will not be detrimental to the interests of depositors, creditors or other customers of the depository institution, or to the public.
Sec. 70. NRS 80.015 is hereby amended to read as follows:
80.015 1. For the purposes of this chapter, the following activities do not constitute doing business in this state:
(a) Maintaining, defending or settling any proceeding;
(b) Holding meetings of the board of directors or stockholders or carrying on other activities concerning internal corporate affairs;
(c) Maintaining bank accounts;
(d) Maintaining offices or agencies for the transfer, exchange and registration of the corporations own securities or maintaining trustees or depositaries with respect to those securities;
(e) Making sales through independent contractors;
(f) Soliciting or receiving orders outside of this state through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside of this state and filling them by shipping goods into this state;
(g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;
(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;
(i) Owning, without more, real or personal property;
(j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;
(k) The production of motion pictures as defined in NRS 231.020; [and]
(l) Transacting business as an out-of-state depository institution pursuant to the provisions of Title 55 of NRS; and
(m) Transacting business in interstate commerce.
2. The list of activities in subsection 1 is not exhaustive.
3. A person who is not doing business in this state within the meaning of this section need not qualify or comply with any provision of NRS 80.010 to 80.220, inclusive, chapter 645B of NRS or Titles 55 and 56 of NRS unless he:
(a) Maintains an office in this state for the transaction of business; or
(b) Solicits or accepts deposits in the state, except pursuant to [NRS 666.225 to 666.375, inclusive] the provisions of chapter 666 of NRS or sections 2 to 41, inclusive, of this act.
Sec. 71. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to an association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the commissioner.
2. No amendment to the articles of the organization may be filed by the secretary of state without the written approval of the articles by the commissioner.
κ1995 Statutes of Nevada, Page 1562 (CHAPTER 482, SB 561)κ
3. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its common or preferred stock until it has first applied for and secured from the commissioner approval of an application for permission to organize as provided for in this section.
4. Persons who desire to organize an association in accordance with this chapter shall first execute in triplicate an application, in the form prescribed by the commissioner, for permission to organize an association before taking any other action in connection with the organization. Upon execution of an application for permission to organize by seven responsible citizens, referred to in this section as applicants, the original and two copies of the application must be submitted to the commissioner. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, an itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock, statements, exhibits, maps and such additional information as the commissioner requires, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants information and belief. This data must be sufficiently detailed and comprehensive to enable the commissioner to pass upon the application as to:
(a) The character and responsibility of the applicants;
(b) The need for the association in the community to be served;
(c) The reasonable probability of its usefulness and success; and
(d) Whether such an association can be established without undue injury to any properly conducted existing savings and loan institutions.
5. If the commissioner approves the application he shall, within 30 days, notify all associations within 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of a written protest, the commissioner shall fix a date for a hearing upon the protest, and the hearing must be held not earlier than 30 days nor more than 60 days after the date of receipt of written notice by registered or certified mail by the parties. The commissioner shall approve or deny the application within 90 days after the date of the conclusion of the hearing and give all parties written notice of his decision on or before that date.
6. If the commissioner approves the application, he shall establish as conditions to be met before the issuance of a charter requirements as to:
(a) The minimum number of shares of common or preferred stock to be subscribed to the associations permanent capital;
(b) The minimum amount of paid-in surplus;
(c) The minimum amount of investment certificates to be paid into the associations savings accounts upon issuance of a charter to it; and
(d) Such other requirements as he deems necessary or desirable.
At least 75 percent of the capital must be subscribed by bona fide residents of this state or a depository institution or holding company qualified pursuant to [NRS 666.225 to 666.375, inclusive.] the provisions of chapter 666 of NRS or sections 2 to 41, inclusive, of this act. Approval of an application for permission to organize an association does not in any manner obligate the commissioner to issue a charter, except that when all requirements of this chapter and of the commissioner have been fulfilled, he shall issue a charter.
κ1995 Statutes of Nevada, Page 1563 (CHAPTER 482, SB 561)κ
commissioner to issue a charter, except that when all requirements of this chapter and of the commissioner have been fulfilled, he shall issue a charter.
7. The charter expires 180 days after issuance, unless, within that time, the association has obtained insurance of accounts from the Federal Deposit Insurance Corporation. The commissioner may, for good cause, extend the time of the conditional expiration of the charter for an additional period or periods not exceeding 360 days in the aggregate.
8. An association shall not sell or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it to operate as a savings and loan association pursuant to the laws of this state and until it has applied for and secured insurance of accounts in accordance with the regulations of the Federal Deposit Insurance Corporation. This insurance of accounts must be maintained at all times.
9. The commissioner may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.
10. The filing fees are:
(a) For filing an original application, $2,000 for the principal office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.545.
(b) If the license is approved for issuance, $1,000 for the principal office before issuance.
11. The commissioner may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.
12. Every permission to organize issued by the commissioner must recite in bold type that its issuance is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.
13. Any corporation applying pursuant to this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation. Par value of permanent capital stock may not be reduced below $1 without written permission of the commissioner.
14. The removal of the home office or of any branch office of an association to any other location from its then existing location requires prior approval of the commissioner. An application seeking approval must be delivered to the commissioner, together with a fee to cover expenses attendant upon the investigation required for the approval, which must be in an amount, not less than $100, to be determined by the commissioner. All money received by the commissioner pursuant to this subsection must be placed in the investigative account created by NRS 232.545.
15. An association shall not pay any commissions or other compensation for the subscription to or sale of the original issue of its stock.
κ1995 Statutes of Nevada, Page 1564 (CHAPTER 482, SB 561)κ
Sec. 72. NRS 673.595 is hereby amended to read as follows:
673.595 1. A foreign association whose activities are limited to any one or more of those enumerated in NRS 80.015 need not be licensed under this chapter.
2. Except as otherwise provided in [NRS 666.225 to 666.375, inclusive,] chapter 666 of NRS and sections 2 to 41, inclusive, of this act, a foreign association may not solicit or accept deposits in this state, but if it was licensed before July 1, 1985, under the provisions of this section then in force, it may renew that license annually subject to all the provisions, and upon payment of the fee, then in force.
Sec. 73. NRS 677.200 is hereby amended to read as follows:
677.200 1. [All] Except in the case of a merger between an out-of-state depository institution and a Nevada depository institution or an out-of-state depository institution that otherwise establishes or acquires a branch in Nevada pursuant to the provisions of chapter 666 of NRS, all officers and a majority of the directors of a corporation formed to engage in business under this chapter must be [citizens] residents of this state.
2. The president of the corporation must have not less than 10 years experience in a regulated financial institution in this state, or in any other state or the District of Columbia. The manager of the principal office and any branch office must have not less than 2 years experience in a regulated financial institution in this state, or in any other state or the District of Columbia.
Sec. 74. NRS 677.340 is hereby amended to read as follows:
677.340 1. Except as otherwise provided in NRS 677.545 [,] and chapter 666 of NRS, no person doing business under the law of:
(a) Any other state; or
(b) The United States if the principal office of the business is not located in Nevada,
relating to banks, savings and loan associations or persons licensed under chapter 675 of NRS is eligible to become a licensee under this chapter. This chapter does not apply to any business transacted by any such person under the authority of and as permitted by any such law.
2. Except as otherwise provided in subsection 3 and [in NRS 666.225 to 666.375, inclusive,] chapter 666 of NRS, a subsidiary of a parent corporation:
(a) One or more of whose other subsidiaries is engaged in any of the activities listed in subsection 1; or
(b) Whose parent corporation is prohibited from obtaining a license under this chapter,
is not eligible to be licensed under this chapter.
3. Subsection 2 does not apply to a bank which is doing business under the law of the United States if its principal office is located in Nevada.
Sec. 75. NRS 666.255, 666.265 and 666.275 are hereby repealed.
Sec. 76. This act becomes effective on September 28, 1995.
________
κ1995 Statutes of Nevada, Page 1565κ
Senate Bill No. 126Senators Rawson, OConnell, Rhoads and Lowden
CHAPTER 483
AN ACT relating to state financial administration; revising the limit on the balance in the fund to stabilize the operation of the state government; revising the amount of the reserve required in the state budget; and providing other matters properly relating thereto.
[Approved July 1, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.213 is hereby amended to read as follows:
353.213 1. In preparing the state budget for each biennium, the chief shall not exceed the limit upon total proposed expenditures for purposes other than construction from the state general fund calculated pursuant to this section. The base for each biennium is the total expenditure, for the purposes limited, from the state general fund appropriated and authorized by the legislature for the biennium beginning on July 1, 1975.
2. The limit for each biennium is calculated as follows:
(a) The amount of expenditure constituting the base is multiplied by the percentage of change in population for the current biennium from the population on July 1, 1974, and this product is added to or subtracted from the amount of expenditure constituting the base.
(b) The amount calculated [under] pursuant to paragraph (a) is multiplied by the percentage of inflation or deflation, and this product is added to or subtracted from the amount calculated [under] pursuant to paragraph (a).
(c) Subject to the limitations of this paragraph:
(1) If the amount resulting from the calculations [under] pursuant to paragraphs (a) and (b) represents a net increase over the base biennium , the chief may increase the proposed expenditure accordingly.
(2) If the amount represents a net decrease, the chief shall decrease the proposed expenditure accordingly.
(3) If the amount is the same as in the base biennium, that amount is the limit of permissible proposed expenditure.
The proposed budget for each fiscal year of the biennium must provide for a reserve of not less than 5 percent nor more than 10 percent of the total of all proposed [general fund operating appropriations and authorizations for that fiscal year for] appropriations from the state general fund for the operation of all departments, institutions and agencies of the state government [.] and authorized expenditures from the state general fund for the regulation of gaming for that fiscal year.
3. The revised estimate of population for the state issued by the United States Department of Commerce as of July 1, 1974, must be used, and the governor shall certify the percentage of increase or decrease in population for each succeeding biennium. The Consumer Price Index published by the United States Department of Labor for July preceding each biennium must be used in determining the percentage of inflation or deflation.
κ1995 Statutes of Nevada, Page 1566 (CHAPTER 483, SB 126)κ
4. The chief may exceed the limit to the extent necessary to meet situations in which there is a threat to life or property.
Sec. 2. NRS 353.288 is hereby amended to read as follows:
353.288 1. The fund to stabilize the operation of the state government is hereby created as a trust fund. [The] Except as otherwise provided in subsection 2, the state controller shall deposit to the credit of the fund two-fifths of any revenue [received] in the state general fund collected by the state for general, unrestricted uses, and not for special purposes, in excess of the amount necessary to:
(a) Pay all appropriations made for the support of the state government for the [current fiscal year;] fiscal year in which that revenue will be deposited in the fund; and
(b) Attain the reserve required by NRS 353.213.
2. The balance in the fund must not exceed [$100,000,000.
2.] 10 percent of the total of all appropriations from the state general fund for the operation of all departments, institutions and agencies of the state government and authorized expenditures from the state general fund for the regulation of gaming for the fiscal year in which that revenue will be deposited in the fund.
3. Money from the fund to stabilize the operation of the state government may be appropriated only:
(a) If the total actual revenue of the state falls short by 5 percent or more of the total anticipated revenue for the biennium in which the appropriation is made; or
(b) If the legislature and the governor declare that a fiscal emergency exists.
Sec. 3. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 594Committee on Commerce
CHAPTER 484
AN ACT relating to alcoholic beverages; prohibiting a person from operating a brew pub without a brew pubs license; prohibiting a supplier from requiring a wholesaler to increase payment to the supplier for a product of the supplier after that product is delivered to the wholesaler; requiring a supplier to notify a wholesaler before he terminates or refuses to continue any franchise with a wholesaler or causes a wholesaler to resign from any franchise; revising the requirements relating to the location of brew pubs; revising the provisions limiting the number of barrels of malt beverages the operator of one or more brew pubs may manufacture in a calendar year; and providing other matters properly relating thereto.
[Approved July 2, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 369.180 is hereby amended to read as follows:
369.180 In addition to the limitations imposed by NRS 597.210 and 597.220, a person shall not:
κ1995 Statutes of Nevada, Page 1567 (CHAPTER 484, AB 594)κ
1. Import liquors into this state unless he first secures an importers license or permit from this state.
2. Engage in business as a wholesale dealer of wines and liquors in this state unless he first secures a wholesale wine and liquor dealers license from this state.
3. Engage in business as a wholesale dealer of beer in this state unless he first secures a wholesale beer dealers license from this state.
4. Operate a winery in this state or export wine from this state unless he first secures a wine-makers license from this state.
5. Operate a brewery in this state unless he first secures a brewers license from this state.
6. Operate a brew pub in this state unless he first secures a brew pubs license from this state.
7. As used in this section:
(a) Brew pub has the meaning ascribed to it in NRS 597.200.
(b) Brewery means an establishment which manufactures malt beverages but does not sell those malt beverages at retail.
(c) Malt beverage has the meaning ascribed to it in NRS 597.200.
Sec. 2. NRS 369.300 is hereby amended to read as follows:
369.300 The following is a schedule of fees to be charged for licenses:
Importers wine, beer and liquor license............................................. $500
Importers beer license............................................................................. 150
Wholesale wine, beer and liquor license................................................ 250
Wholesale beer dealers license................................................................. 75
Wine-makers license.................................................................................. 75
Brew pubs license...................................................................................... 75
Brewers license........................................................................................... 75
Sec. 3. (Deleted by amendment.)
Sec. 4. Chapter 597 of NRS is hereby amended by adding the provisions set forth as sections 5 to 9, inclusive, of this act.
Sec. 5. Alcoholic beverage has the meaning ascribed to it in NRS 597.200.
Sec. 6. Good cause means:
1. Failure by a wholesaler to comply substantially with essential and reasonable requirements imposed on him by a supplier, or sought to be imposed by a supplier, if the requirements are not discriminatory as compared with requirements imposed on other similarly suited wholesalers either by their terms or in the manner of their enforcement.
2. Bad faith by the wholesaler in carrying out the terms of the franchise agreement.
Sec. 7. Marketing area means the area where a wholesaler sells a product of a supplier pursuant to the terms, provisions and conditions of a franchise.
Sec. 8. A supplier shall not require a wholesaler to increase his payment to the supplier for any product of that supplier after the product is delivered to the wholesaler.
Sec. 9. 1. Except as otherwise provided in subsection 2, a supplier must, at least 90 days before he terminates or refuses to continue any franchise with a wholesaler or causes a wholesaler to resign from any franchise, send a notice by certified mail, return receipt requested, to the wholesaler.
κ1995 Statutes of Nevada, Page 1568 (CHAPTER 484, AB 594)κ
a wholesaler or causes a wholesaler to resign from any franchise, send a notice by certified mail, return receipt requested, to the wholesaler. The notice must include:
(a) The reason for the proposed action and a description of any failure of the wholesaler to comply with the terms, provisions and conditions of the franchise alleged by the supplier pursuant to NRS 597.160; and
(b) A statement that the wholesaler may correct any such failure within the period prescribed in NRS 597.160.
2. Any action taken by a supplier pursuant to subsection 1 becomes effective on the date the wholesaler receives the notice required pursuant to subsection 1 if the wholesaler:
(a) Has had his license to sell alcoholic beverages issued pursuant to state or federal law revoked or suspended for more than 31 days;
(b) Is insolvent pursuant to 11 U.S.C. § 101;
(c) Has had an order for relief entered against him pursuant to 11 U.S.C. §§ 701 et seq.;
(d) Has had his ability to conduct business substantially affected by a liquidation or dissolution;
(e) Or any other person who has a financial interest in the wholesaler of not less than 10 percent and is active in the management of the wholesaler has been convicted of or has pleaded guilty to a felony and the supplier determines that the conviction or plea substantially and adversely affects the ability of the wholesaler to sell the products of the supplier;
(f) Has committed fraud or has made a material misrepresentation in his dealings with the supplier or the products of the supplier;
(g) Has sold alcoholic beverages which the wholesaler received from the supplier to:
(1) A retailer who the wholesaler knows or should know does not have a place of business where the retailer is entitled to sell alcoholic beverages within the marketing area of the wholesaler; or
(2) Any person who the wholesaler knows or should know sells or supplies alcoholic beverages to any retailer who does not have a place of business where the retailer is entitled to sell alcoholic beverages within the marketing area of the wholesaler;
(h) Has failed to pay for any product ordered and delivered pursuant to the provisions of an agreement between the supplier and wholesaler within 7 business days after the supplier sends to the wholesaler a written notice which includes a statement that he has failed to pay for the product and a demand for immediate payment;
(i) Has made an assignment for the benefit of creditors or a similar disposition of substantially all the assets of his franchise;
(j) Or any other person who has a financial interest in the wholesaler has:
(1) Transferred or attempted to transfer the assets of the franchise, voting stock of the wholesaler or voting stock of any parent corporation of the wholesaler; or
(2) Changed or attempted to change the beneficial ownership or control of any such entity,
unless the wholesaler first notified the supplier in writing and the supplier has not unreasonably withheld his approval; or
κ1995 Statutes of Nevada, Page 1569 (CHAPTER 484, AB 594)κ
(k) Discontinues selling the products of the supplier, unless:
(1) The discontinuance is a result of an accident which the wholesaler was unable to prevent;
(2) The wholesaler has, if applicable, taken action to correct the condition which caused the accident; and
(3) The wholesaler has notified the supplier of the accident if he has discontinued selling the products of the supplier for more than 10 days.
Sec. 10. NRS 597.120 is hereby amended to read as follows:
597.120 As used in NRS 597.120 to 597.180, inclusive, and sections 5 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 597.130 to 597.150, inclusive, and sections 5, 6 and 7 of this act, have the meanings ascribed to them in [such] those sections.
Sec. 11. NRS 597.150 is hereby amended to read as follows:
597.150 [Wholesale dealer or wholesaler] Wholesaler means any person, partnership, corporation or other form of business enterprise licensed by the Nevada tax commission to sell malt beverages, distilled spirits and wines, or all of them, as it is originally packaged to retail liquor stores or to another licensed wholesaler, but not to sell to the consumer or general public.
Sec. 12. NRS 597.160 is hereby amended to read as follows:
597.160 1. [If] Except as otherwise provided in subsection 4, if more than one franchise for the same brand or brands of malt beverages, distilled spirits and wines, or all of them, is granted to different wholesalers in this state, it is a violation of NRS 597.120 to 597.180, inclusive, for any supplier to discriminate between such wholesalers with respect to any of the terms, provisions and conditions of these franchises.
2. [Notwithstanding] Except as otherwise provided in this subsection and notwithstanding the terms, provisions or conditions of any franchise, [no] a supplier shall not unilaterally terminate or refuse to continue any franchise with a [wholesale dealer or] wholesaler or cause a [wholesale dealer or] wholesaler to resign from [such] that franchise unless the supplier has first established good cause for [such] that termination, noncontinuance or causing of [such] that resignation. This subsection does not apply to a supplier who sells less than 2,500 barrels of malt beverages, less than 250 cases of distilled spirits or less than 2,000 cases of wine in this state in any calendar year, or who operates a winery pursuant to NRS 597.240.
3. A wholesaler may, within 60 days after he receives a notice required pursuant to section 9 of this act, correct any failure to comply with the terms, provisions and conditions of the franchise alleged by the supplier.
4. Unless otherwise specified by contract between the supplier and wholesaler, a supplier shall not grant more than one franchise to a wholesaler for any brand of alcoholic beverage in a marketing area.
Sec. 13. NRS 597.180 is hereby amended to read as follows:
597.180 In any action brought by a [wholesale dealer or] wholesaler against a supplier for termination or noncontinuance of, or causing to resign from a franchise in violation of NRS 597.120 to 597.180, inclusive, [it] the supplier has the burden of establishing that he acted for good cause and that the wholesaler did not act in good faith. It is a complete defense for the supplier to prove that [such] the termination, noncontinuance or causing to resign was done in good faith and for good cause.
κ1995 Statutes of Nevada, Page 1570 (CHAPTER 484, AB 594)κ
supplier to prove that [such] the termination, noncontinuance or causing to resign was done in good faith and for good cause.
Sec. 14. NRS 597.200 is hereby amended to read as follows:
597.200 As used in NRS 597.210 to 597.250, inclusive, unless the context otherwise requires:
1. Alcoholic beverage means any malt beverage or spirituous, vinous or malt liquor which contains 1 percent or more ethyl alcohol by volume.
2. Brew pub means an establishment which manufactures malt beverages and sells those malt beverages at retail pursuant to the provisions of NRS 597.230.
3. Engage in includes participation in a business as an owner or partner, or through a subsidiary, affiliate, ownership equity or in any other manner.
4. Malt beverage means beer, ale, porter, stout and other similar fermented beverages of any name or description, brewed or produced from malt, wholly or in part.
Sec. 15. NRS 597.210 is hereby amended to read as follows:
597.210 1. Except as otherwise provided in NRS 597.240, a person engaged in the business of manufacturing, blending or bottling alcoholic beverages shall not engage in the business of importing, wholesaling or retailing alcoholic beverages by investment, loan or extension of credit in excess of normal terms prevalent in the industry, unless he was so engaged on or before May 1, 1975, and then only to the extent so engaged.
2. This section does not:
(a) Preclude any person engaged in the business of importing, wholesaling or retailing alcoholic beverages from owning less than 2 percent of the outstanding ownership equity in any organization which manufactures, blends or bottles alcoholic beverages.
(b) Prohibit a person from [brewing and selling a malt beverage] operating a brew pub pursuant to NRS 597.230.
Sec. 16. NRS 597.230 is hereby amended to read as follows:
597.230 1. In a county whose population is [100,000] 400,000 or more, a person may operate a [brewery in] brew pub:
(a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685, inclusive [, or in] ;
(b) In any historic district established in that county pursuant to NRS 384.005 [, or in both a redevelopment area and a historic district established in that county. Such a brewery] ;
(c) In any retail liquor store as that term is defined in NRS 369.090; or
(d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs. A person who operates one or more brew pubs may not manufacture more than [5,000] 10,000 barrels of malt beverages for all the brew pubs he operates in that county in any calendar year.
2. In a county whose population is less than [100,000] 400,000, a person may operate a [brewery:] brew pub:
κ1995 Statutes of Nevada, Page 1571 (CHAPTER 484, AB 594)κ
(a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685 [, inclusive, or in] ;
(b) In any historic district established in that county pursuant to NRS 384.005 [, or in both a redevelopment area and a historic district established in that county. Such a brewery may not manufacture more than 5,000 barrels of malt beverages in any calendar year.
(b)] ;
(c) In any retail liquor store as that term is defined in NRS 369.090; or
(d) In any other area in the county designated by the board of county commissioners for the operation of [breweries. Such a brewery] brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.
A person who operates one or more brew pubs may not manufacture more than [3,000] 5,000 barrels of malt beverages for all brew pubs he operates in that county in any calendar year.
3. The premises of any [brewery] brew pub operated pursuant to this section must be conspicuously identified as a brew pub.
4. A person who operates a [brewery] brew pub pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other applicable governmental requirements:
(a) Manufacture and store malt beverages on the premises of the [brewery] brew pub and sell and transport the malt beverages manufactured on the premises to a person holding a valid wholesale wine and liquor dealers license or wholesale beer dealers license issued pursuant to chapter 369 of NRS.
(b) Sell at retail malt beverages manufactured on or off the premises of the [brewery] brew pub for consumption on the premises.
(c) Sell at retail in packages sealed on the premises of the [brewery,] brew pub, malt beverages, including malt beverages in unpasteurized form, manufactured on the premises for consumption off the premises.
[5. As used in this section, malt beverage means beer, ale, porter, stout and other similar fermented beverages of any name or description, brewed or produced from malt, wholly or in part.]
Sec. 17. NRS 597.230 is hereby amended to read as follows:
597.230 1. In a county whose population if 400,000 or more, a person may operate a brew pub:
(a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685, inclusive;
(b) In any historic district established in that county pursuant to NRS 384.005;
(c) In any retail liquor store as that term is defined in NRS 369.090; or
(d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs. A person who operates one or more brew pubs may not manufacture more than [10,000] 15,000 barrels of malt beverages for all the brew pubs he operates in that county in any calendar year.
κ1995 Statutes of Nevada, Page 1572 (CHAPTER 484, AB 594)κ
2. In a county whose population is less than 400,000, a person may operate a brew pub:
(a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685;
(b) In any historic district established in that county pursuant to NRS 384.005;
(c) In any retail liquor store as that term is defined in NRS 369.090; or
(d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs. A person who operates one or more brew pubs may not manufacture more than 5,000 barrels of malt beverages for all brew pubs he operates in that county in any calendar year.
3. The premises of any brew pub operated pursuant to this section must be conspicuously identified as a brew pub.
4. A person who operates a brew pub pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other applicable governmental requirements:
(a) Manufacture and store malt beverages on the premises of the brew pub and sell and transport the malt beverages manufactured on the premises to a person holding a valid wholesale wine and liquor dealers license or wholesale beer dealers license issued pursuant to chapter 369 of NRS.
(b) Sell at retail malt beverages manufactured on or off the premises of the brew pub for consumption on the premises.
(c) Sell at retail in packages sealed on the premises of the brew pub, malt beverages, including malt beverages in unpasteurized form, manufactured on the premises for consumption off the premises.
Sec. 18. NRS 597.260 is hereby amended to read as follows:
597.260 1. It is unlawful for a retailer of alcoholic beverages to substitute one brand of alcoholic beverage for a brand that has been specifically requested by the customer, unless the customer consents to the substitution. Any violation of this subsection by an employee must be attributed to the retailer.
2. A retailer who violates the provisions of subsection 1:
(a) For the first offense, is guilty of a misdemeanor and shall be fined an amount not to exceed $1,000, plus the costs of prosecution. No sentence of incarceration may be imposed.
(b) For the second offense, is guilty of a gross misdemeanor and shall be fined an amount not to exceed $2,000, plus the costs of prosecution. No sentence of incarceration may be imposed.
(c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be fined an amount equal to the costs of prosecution. The court shall impose no other criminal penalty, but shall, within 5 working days after the conviction, issue an order revoking the license to sell intoxicating liquor of the business and forward a certified copy of the order to the liquor board of county or governing body of the city, as applicable, which licensed the sale of liquor at the retailers place of business. The board shall not reissue such a license for that place of business for a period of at least 1 year.
κ1995 Statutes of Nevada, Page 1573 (CHAPTER 484, AB 594)κ
3. In addition to the criminal penalties set forth in this section, the retailer, upon conviction, is liable in civil suit to the customer and to the supplier and [wholesale dealer] wholesaler of the requested alcoholic beverage for the damages which result from the substitution. The court shall award the prevailing party in such an action attorneys fees and his costs of the action.
4. As used in this section:
(a) Alcoholic beverage has the meaning ascribed to it in NRS 202.015.
(b) Retailer means the owner of a business where alcoholic beverages are sold by the drink. The term includes any person employed by the owner.
(c) Supplier has the meaning ascribed to it in NRS 597.140.
(d) [Wholesale dealer] Wholesaler has the meaning ascribed to it in NRS 597.150.
Sec. 19. 1. This section, sections 1 to 16, inclusive, and 18 of this act become effective on passage and approval.
2. Section 17 of this act becomes effective on January 1, 1997.
________
Assembly Bill No. 486Committee on Transportation
CHAPTER 485
AN ACT relating to motor vehicles; requiring certain persons who sell vehicles as salvage to forward the certificate of ownership or other evidence of title to the state agency responsible for keeping records of those vehicles; prohibiting a person from removing a salvage vehicle from this state under certain circumstances; authorizing a person who is a licensed automobile wrecker, dealer or rebuilder in another state or country to purchase a vehicle from an operator of a salvage pool under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved July 2, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in NRS 487.050 to 487.200, inclusive, this section and section 3 of this act, total loss vehicle means a vehicle:
1. Of a type which is subject to registration;
2. Which has been wrecked, destroyed or otherwise damaged to such an extent that the owner, leasing company, financial institution, or the insurance company that insured the vehicle considers it uneconomical to repair the vehicle; and
3. Because of that wreckage, destruction or other damage, which is not repaired by or for the person who owned the vehicle at the time of the event resulting in the damage.
Sec. 3. 1. A person shall not remove a total loss vehicle from this state for the purpose of selling that vehicle unless the ownership certificate or other evidence of title has been forwarded to the state agency pursuant to paragraph (b) of subsection 1 of NRS 487.110.
κ1995 Statutes of Nevada, Page 1574 (CHAPTER 485, AB 486)κ
2. A person who violates the provisions of this section:
(a) If the value of the vehicle removed from this state is less than $250, is guilty of a misdemeanor.
(b) If the value of the vehicle removed from this state is $250 or more, is guilty of a gross misdemeanor.
Sec. 4. NRS 487.050 is hereby amended to read as follows:
487.050 1. It is unlawful for any person to dismantle, scrap, process or wreck any vehicle without first applying for and obtaining a license for that operation from the department.
2. An application for a license must be made on a form provided by the department and accompanied by such proof as the department may require that:
(a) The applicant is a bona fide automobile wrecker; and
(b) [Except as otherwise provided in NRS 487.075, he] He owns or leases a place of business which meets the requirements of NRS 487.073.
Sec. 5. NRS 487.110 is hereby amended to read as follows:
487.110 1. Except as otherwise provided in subsection 2, whenever a vehicle subject to registration is sold as salvage [as] :
(a) As a result of a total loss insurance settlement, the insurance company or its authorized agent shall forward the endorsed ownership certificate or other evidence of title to the state agency within 30 days after receipt thereof [.] ; or
(b) Because the owner determines that the vehicle is a total loss vehicle, the owner shall forward the ownership certificate or other evidence of title to the state agency within 120 days after the vehicle is damaged.
2. The insurance company or its authorized agent may sell [the] a vehicle for which a total loss settlement has been made with the properly endorsed ownership certificate or other evidence of title if the total loss settlement resulted from the theft of the vehicle and the vehicle, when recovered, was not damaged to the extent that it was required to be rebuilt. An owner who has determined that a vehicle is a total loss vehicle may sell the vehicle with the properly endorsed ownership certificate or other evidence of title to a salvage pool, automobile auction, rebuilder, automobile wrecker or a new or used motor vehicle dealer.
3. Upon the sale of the salvage vehicle , the insurance company , salvage pool, automobile auction, leasing company or financial institution which sells the salvage vehicle shall issue a bill of sale of salvage to the purchaser on a form to be prescribed and supplied by the state agency. The state agency shall accept the bill of sale of salvage in lieu of the ownership certificate or other evidence of title when accompanied by an appropriate application or other documents and fees.
4. When the salvage vehicle is rebuilt and to be restored to operation, the vehicle may not be licensed for operation or the ownership thereof transferred until there is submitted to the state agency with the prescribed bill of sale of salvage an appropriate application, other documents and fees required, and a certificate of inspection signed by an employee of the state agency attesting to its mechanical fitness and safety.
5. When a total loss insurance settlement between the insurance company and its insured results in the retention of the salvage vehicle by the insured, the insurance company or its authorized agent shall, within 30 days after the date of settlement, notify the state agency of the retention by its insured upon a form to be supplied by the state agency.
κ1995 Statutes of Nevada, Page 1575 (CHAPTER 485, AB 486)κ
the insurance company or its authorized agent shall, within 30 days after the date of settlement, notify the state agency of the retention by its insured upon a form to be supplied by the state agency.
Sec. 6. NRS 487.200 is hereby amended to read as follows:
487.200 [Any] Unless a greater penalty is provided in section 3 of this act, any person who violates any of the provisions of NRS 487.050 to 487.190, inclusive, and sections 2 and 3 of this act, is guilty of a misdemeanor.
Sec. 7. NRS 487.470 is hereby amended to read as follows:
487.470 1. Only a licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder may bid to purchase a vehicle from an operator of a salvage pool, and the operator may only sell a vehicle to such a person. An operator shall not accept a bid from:
[1.] (a) An automobile wrecker until [he] :
(1) He presents the card issued by the department pursuant to NRS 487.070; or
(2) If he is licensed or otherwise authorized to operate as an automobile wrecker in another state or foreign country, he presents evidence of that licensure or authorization and has registered with the operator pursuant to subsection 2; or
[2.] (b) A dealer of new or used motor vehicles or a rebuilder until [he] :
(1) He presents the card issued by the department pursuant to NRS 487.475 [.] ; or
(2) If he is licensed or otherwise authorized to operate as a dealer of new or used motor vehicles or as a rebuilder in another state or foreign country, he presents evidence of that licensure or authorization and has registered with the operator pursuant to subsection 2.
2. Any automobile wrecker, dealer of new or used motor vehicles or rebuilder who is licensed or otherwise authorized to operate in another state or foreign country shall register with each operator of a salvage pool with whom he bids to purchase vehicles, by filing with the operator copies of his license or other form of authorization from the other state or country, and his drivers license, business license, certificate evidencing the filing of a bond, resale certificate and proof of social security or tax identification number, if such documentation is required for licensure in the other state or country. Each operator of a salvage pool shall keep such copies at his place of business and in a manner so that they are easily accessible and open to inspection by employees of the department of motor vehicles and public safety and to officers of law enforcement agencies in this state.
Sec. 8. NRS 487.075 is hereby repealed.
Sec. 9. This act becomes effective upon passage and approval.
________
κ1995 Statutes of Nevada, Page 1576κ
Assembly Bill No. 437Committee on Commerce
CHAPTER 486
AN ACT relating to release of state records; allowing the sharing of confidential information with local governments seeking to collect debts and obligations; and providing other matters properly relating thereto.
[Approved July 2, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.357 is hereby amended to read as follows:
232.357 The divisions of the department, in the performance of their official duties, may share information in their possession amongst themselves which is otherwise declared confidential by statute, if the confidentiality of the information is otherwise maintained under the terms and conditions required by law. The divisions of the department may share confidential information with agencies of local governments which are responsible for the collection of debts or obligations or for aiding the department in its official duties if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
Sec. 2. NRS 232.670 is hereby amended to read as follows:
232.670 The administrator shall:
1. Establish divisional goals, objectives and priorities.
2. Prepare the divisions budget, legislative proposals, contracts, agreements and applications for federal assistance.
3. Coordinate divisional programs with other departments and other levels of government.
4. From time to time adopt such regulations as he deems necessary for the administration of the division.
5. Except as otherwise provided by a specific statute, direct the division to share information in its records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
Sec. 3. NRS 232.920 is hereby amended to read as follows:
232.920 The director:
1. Shall:
(a) Organize the department into divisions and other operating units as needed to achieve the purposes of the department; [and]
(b) Upon request, provide the director of the department of administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons [.] ; and
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
2. Is responsible for the administration, through the divisions of the department, of the provisions of chapters 426, 426A, 458, 612 and 615 of NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as specifically provided by law.
κ1995 Statutes of Nevada, Page 1577 (CHAPTER 486, AB 437)κ
NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as specifically provided by law.
3. Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division which he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This [paragraph] subsection does not apply if any federal regulation exists which prohibits a consolidated plan.
4. In developing and revising state plans pursuant to subsection 3, shall consider, among other things, the amount of money available from the Federal Government for the programs of the division and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for the programs.
5. May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the department.
Sec. 4. NRS 360.250 is hereby amended to read as follows:
360.250 1. The Nevada tax commission may:
(a) Confer with, advise and direct county assessors, sheriffs as ex officio collectors of licenses and all other county officers having to do with the preparation of the assessment roll or collection of taxes or other revenues as to their duties.
(b) Establish and prescribe general and uniform regulations governing the assessment of property by the county assessors of the various counties, not in conflict with law.
(c) Prescribe the form and manner in which assessment rolls or tax lists must be kept by county assessors.
(d) Prescribe the form of the statements of property owners in making returns of their property.
(e) Require county assessors, sheriffs as ex officio collectors of licenses and all other county officers having to do with the preparation of the assessment roll or collection of taxes or other revenues, to furnish such information in relation to assessments, licenses or the equalization of property valuations, and in such form as the Nevada tax commission may demand.
(f) Except as otherwise provided in this Title, share information in its records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
2. Each assessor and any other such officer shall certify under penalty of perjury that in assessing property or furnishing other information required pursuant to this section he has complied with the regulations of the Nevada tax commission. This certificate must be appended to each assessment roll and any other information furnished.
3. A county assessor or other county officer whose certificate is knowingly falsified is guilty of a misdemeanor. If the Nevada tax commission finds that a county assessor or other county officer has knowingly violated its regulations and thereby has caused less revenue to be collected from taxes, it shall deduct the amount of the undercollection from the money otherwise payable to the county from the proceeds of the supplemental city-county relief tax.
κ1995 Statutes of Nevada, Page 1578 (CHAPTER 486, AB 437)κ
the amount of the undercollection from the money otherwise payable to the county from the proceeds of the supplemental city-county relief tax.
Sec. 5. NRS 361.877 is hereby amended to read as follows:
361.877 [No] Except as otherwise provided in NRS 360.250, no person may publish, disclose or use any personal or confidential information contained in a claim except for purposes connected with the administration of the Senior Citizens Property Tax Assistance Act.
Sec. 6. NRS 364A.100 is hereby amended to read as follows:
364A.100 1. Except as otherwise provided in NRS 360.250 and subsections 2 and 3, the records and files of the department concerning the administration of this chapter are confidential and privileged. The department, and any employee engaged in the administration of this chapter, or charged with the custody of any such records or files, shall not disclose any information obtained from the departments records or files or from any examination, investigation or hearing authorized by the provisions of this chapter. Neither the department nor any employee of the department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.
2. The records and files of the department concerning the administration of this chapter are not confidential and privileged in the following cases:
(a) Testimony by a member or employee of the department and production of records, files and information on behalf of the department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby are directly involved in the action or proceeding.
(b) Delivery to a taxpayer or his authorized representative of a copy of any return or other document filed by the taxpayer pursuant to this chapter.
(c) Publication of statistics so classified as to prevent the identification of a particular business or document.
(d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.
(e) Disclosure in confidence to the governor or his agent in the exercise of the governors general supervisory powers, or to any person authorized to audit the accounts of the department in pursuance of an audit, or to the attorney general or other legal representative of the state in connection with an action or proceeding pursuant to this chapter or to any agency of this or any other state charged with the administration or enforcement of laws relating to workers compensation, unemployment compensation, public assistance, taxation, labor or gaming.
3. The executive director shall periodically, as he deems appropriate, but not less often than annually, transmit to the administrator of the division of industrial relations of the department of business and industry a list of the businesses of which he has a record. The list must include the mailing address of the business and the approximate number of employees of the business as reported to the department.
Sec. 7. NRS 372.750 is hereby amended to read as follows:
372.750 1. Except as otherwise provided in this section, it is a misdemeanor for any member of the [Nevada] tax commission or officer or employee of the department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular of them, set forth or disclosed in any return, or to permit any return or copy of a return, or any book containing any abstract or particulars of it to be seen or examined by any person not connected with the department.
κ1995 Statutes of Nevada, Page 1579 (CHAPTER 486, AB 437)κ
business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular of them, set forth or disclosed in any return, or to permit any return or copy of a return, or any book containing any abstract or particulars of it to be seen or examined by any person not connected with the department.
2. The tax commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.
3. The governor may, by general or special order, authorize examination of the records maintained by the department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained may not be made public except to the extent and in the manner that the order may authorize that it be made public.
4. Upon written request made by a public officer of a local government, the executive director shall furnish from the records of the department, the name and address of the owner of any seller or retailer who must file a return with the department. The request must set forth the social security number of the owner of the seller or retailer about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The executive director may charge a reasonable fee for the cost of providing the requested information.
5. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.
[5.] 6. Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.
[6.] 7. At any time after a determination, decision or order of the executive director or other officer of the department imposing upon a person a penalty for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the commission, any member of the commission or officer or employee of the department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.
Sec. 8. NRS 374.755 is hereby amended to read as follows:
374.755 1. Except as otherwise provided in this section, it is a misdemeanor for any member of the Nevada tax commission or official or employee of the department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof, or any book containing any abstract or particulars thereof to be seen or examined by any person not connected with the department.
κ1995 Statutes of Nevada, Page 1580 (CHAPTER 486, AB 437)κ
losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof, or any book containing any abstract or particulars thereof to be seen or examined by any person not connected with the department.
2. The Nevada tax commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.
3. The governor may, however, by general or special order, authorize examination of the records maintained by the department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained pursuant to the order of the governor may not be made public except to the extent and in the manner that the order may authorize that it be made public.
4. Upon written request made by a public officer of a local government, the executive director shall furnish from the records of the department, the name and address of the owner of any seller or retailer who must file a return with the department. The request must set forth the social security number of the owner of the seller or retailer about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The executive director may charge a reasonable fee for the cost of providing the requested information.
5. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.
[5.] 6. Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.
[6.] 7. At any time after a determination, decision or order of the executive director or other officer of the department imposing upon a person a penalty for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the commission, any member of the commission or officer or employee of the department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.
Sec. 9. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons or employing units identity.
2. Any claimant or his legal representative is entitled to information from the records of the division, to the extent necessary for the proper presentation of his claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the division for any other purpose.
κ1995 Statutes of Nevada, Page 1581 (CHAPTER 486, AB 437)κ
employing unit is not entitled to information from the records of the division for any other purpose.
3. Subject to such restrictions as the administrator may by regulation prescribe, the information obtained by the division may be made available to:
(a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of an unemployment compensation law, public assistance law, workmans compensation or labor law, or the maintenance of a system of public employment offices;
(b) Any state or local agency for the enforcement of child support;
(c) The Internal Revenue Service of the Department of the Treasury;
(d) The department of taxation; and
(e) The state contractors board in the performance of its duties to enforce the provisions of chapter 624 of NRS.
Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.
4. Upon written request made by a public officer of a local government, the administrator shall furnish from the records of the division the name, address and place of employment of any person listed in the records of employment of the division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The administrator may charge a reasonable fee for the cost of providing the requested information.
5. The administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this state. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this state, the administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.
[5.] 6. Upon request therefor the administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipients rights to further benefits pursuant to this chapter.
κ1995 Statutes of Nevada, Page 1582 (CHAPTER 486, AB 437)κ
status of each recipient of benefits and the recipients rights to further benefits pursuant to this chapter.
[6.] 7. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the administrator that he furnish, from the records of the division, the name, address and place of employment of any person listed in the records of employment of the division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the administrator shall furnish the information requested. He may charge a fee to cover the actual costs of any related administrative expenses.
[7. The]
8. In addition to the provisions of subsection [4 notwithstanding,] 5, the administrator shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for use in verifying returns for the business tax. The administrator may charge a fee to cover the actual costs of any related administrative expenses.
[8.] 9. The manager of the state industrial insurance system shall submit to the administrator a list containing the name of each person who received benefits pursuant to chapter 616 or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the division regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the manager must be in a form determined by the administrator and must contain the social security number of each such person. Upon receipt of such a request, the administrator shall make such a comparison and provide to the manager a list [of] containing the name, address and social security number of each person who appears, from the information submitted, to be simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS. The administrator shall charge a fee to cover the actual costs of any related administrative expenses. The manager shall use the information obtained pursuant to this subsection only to further a current investigation. The manager shall not disclose the information for any other purpose.
[9.] 10. The administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.
[10.] 11. If any employee or member of the board of review or the administrator or any employee of the administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.
κ1995 Statutes of Nevada, Page 1583 (CHAPTER 486, AB 437)κ
pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.
[11.] 12. All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 10. NRS 616.192 is hereby amended to read as follows:
616.192 1. Except as otherwise provided in this section and in NRS 616.193 and 616.550, information obtained from any employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons identity.
2. Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under this chapter.
3. The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The manager may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:
(a) Any agency of this or any other state charged with the administration or enforcement of workers compensation law, unemployment compensation law, public assistance law or labor law;
(b) Any state or local agency for the enforcement of child support;
(c) The Internal Revenue Service of the Department of the Treasury;
(d) The department of taxation; and
(e) The state contractors board in the performance of its duties to enforce the provisions of chapter 624 of NRS.
Information obtained in connection with the administration of a workers compensation program may be made available to persons or agencies for purposes appropriate to the operation of a workers compensation program.
4. Upon written request made by a public officer of a local government, the manager shall furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The manager may charge a reasonable fee for the cost of providing the requested information.
5. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the manager that he furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency.
κ1995 Statutes of Nevada, Page 1584 (CHAPTER 486, AB 437)κ
investigation currently being conducted by the agency. Upon receipt of a request, the manager shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.
[5.] 6. The manager shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax. The manager may charge a reasonable fee to cover any related administrative expenses.
[6.] 7. If the manager or any employee of the manager, in violation of this section, discloses information obtained from files of claimants or policyholders, or if any person who has obtained a list of claimants or policyholders under this chapter uses or permits the use of the list for any political purposes, he is guilty of a gross misdemeanor.
[7.] 8. All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 11. Sections 7 and 8 of this act become effective at 12:01 a.m. on October 1, 1995.
________
Assembly Bill No. 580Committee on Health and Human Services
CHAPTER 487
AN ACT relating to water; providing for the certification of laboratories for analysis; and providing other matters properly relating thereto.
[Approved July 2, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The commission shall provide by regulation standards for the certification of laboratories for the analysis of water pursuant to NRS 445.131 to 445.354, inclusive. An analysis required pursuant to any provision of NRS 445.131 to 445.354, inclusive, must be performed by a certified laboratory.
2. The certifying officer shall conduct an evaluation at the site of each laboratory to determine whether the laboratory is using the methods of analysis required by this section in an acceptable manner, applying procedures required by regulation for the control of quality and making results available in a timely manner.
3. For analyses required pursuant to NRS 445.131 to 445.354, inclusive, the methods of analysis must comply with 40 C.F.R. Part 136.
κ1995 Statutes of Nevada, Page 1585 (CHAPTER 487, AB 580)κ
4. A laboratory may be certified to perform analyses for the presence of one or more specified contaminants, or to perform all analyses required pursuant to NRS 445.131 to 445.354, inclusive.
Sec. 3. 1. The state board of health shall provide by regulation standards for the certification of laboratories for the analysis of water pursuant to NRS 445.361 to 445.399, inclusive. An analysis required pursuant to any provision of NRS 445.361 to 445.399, inclusive, must be performed by a certified laboratory.
2. The certifying officer shall conduct an evaluation at the site of each laboratory to determine whether the laboratory is using the methods of analysis required by this section in an acceptable manner, applying procedures required by regulation for the control of quality and making results available in a timely manner.
3. For analyses required pursuant to NRS 445.361 to 445.399, inclusive, or by a lender as a condition precedent to the transfer of real property, the methods used must comply with the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq.
4. A laboratory may be certified to perform analyses for the presence of one or more specified contaminants, or to perform all analyses required pursuant to NRS 445.361 to 445.399, inclusive.
Sec. 4. NRS 445.133 is hereby amended to read as follows:
445.133 As used in NRS 445.131 to 445.354, inclusive, and section 2 of this act, unless the context otherwise requires, the terms defined in NRS 445.134 to 445.196, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 445.363 is hereby amended to read as follows:
445.363 As used in NRS 445.361 to 445.399, inclusive, and section 3 of this act, unless the context otherwise requires, the terms defined in NRS 445.366 to 445.378, inclusive, have the meanings ascribed to them in those sections.
________
Assembly Bill No. 122Committee on Health and Human Services
CHAPTER 488
AN ACT relating to public health; requiring the state board of health to adopt regulations concerning certain administrative hearings and appeals; transferring certain duties of the state board of health related to the regulation of uranium mills, dairy products and medical laboratories to the health division of the department of human resources; and providing other matters properly relating thereto.
[Approved July 2, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.170 is hereby amended to read as follows:
449.170 1. When the health division intends to deny, suspend or revoke a license, or impose any sanction prescribed by NRS 449.163, it shall give reasonable notice to all parties by certified mail.
κ1995 Statutes of Nevada, Page 1586 (CHAPTER 488, AB 122)κ
reasonable notice to all parties by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the health division finds that the public health requires immediate action. In that case, it may order a summary suspension of a license or impose any sanction prescribed by NRS 449.163, pending proceedings for revocation or other action.
2. If a person wants to contest the action of the health division, he must file an appeal pursuant to regulations adopted by the board.
3. Upon receiving notice of an appeal, the health division shall hold a hearing [within 30 days.] pursuant to regulations adopted by the board.
4. The board shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 2. NRS 450B.180 is hereby amended to read as follows:
450B.180 1. Any person desiring certification as an emergency medical technician must apply to the health authority using forms prescribed by the health authority.
2. The health authority, [under] pursuant to regulations and procedures adopted by the board, shall make a determination of the applicants qualifications to be certified as an emergency medical technician, and shall issue a certificate as an emergency medical technician to each qualified applicant.
3. A certificate as an emergency medical technician is valid for a period not exceeding 2 years and may be renewed if the holder of the certificate meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter.
4. The health authority may suspend or revoke the certificate of an emergency medical technician if it finds that the holder of the certificate no longer meets the prescribed qualifications. The holder [has the right of appeal to] of the certificate may appeal the suspension or revocation pursuant to regulations adopted by the board.
5. The board shall determine the procedures and techniques which may be performed by an emergency medical technician.
6. A certificate issued pursuant to this section is valid throughout the state, whether issued by the health division or a county or district board of health.
7. The health division shall maintain a central registry of all certificates issued pursuant to this section, whether issued by the health division or a county or district board of health.
8. The board shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 3. NRS 450B.200 is hereby amended to read as follows:
450B.200 1. The health authority may issue a permit for the operation of an ambulance, an air ambulance or a vehicle of a fire-fighting agency at the scene of an emergency.
2. Each permit must be evidenced by a card issued to the holder of the permit.
3. No permit may be issued unless the applicant is qualified [under] pursuant to the regulations of the board.
4. An application for a permit must be made upon forms prescribed by the board and in accordance with procedures established by the board, and must contain the following:
κ1995 Statutes of Nevada, Page 1587 (CHAPTER 488, AB 122)κ
(a) The name and address of the owner of the ambulance or air ambulance or of the fire-fighting agency;
(b) The name under which the applicant is doing business or proposes to do business, if applicable;
(c) A description of each ambulance, air ambulance or vehicle of a fire-fighting agency, including the make, year of manufacture and chassis number, and the color scheme, insigne, name, monogram or other distinguishing characteristics to be used to designate the applicants ambulance, air ambulance or vehicle;
(d) The location and description of the places from which the ambulance, air ambulance or fire-fighting agency intends to operate; and
(e) Such other information as the board deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.
5. The board shall establish a reasonable fee for annual permits.
6. All permits expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days before the expiration date.
7. The health authority shall:
(a) Revoke, suspend or refuse to renew any permit issued pursuant to this section for violation of any provision of this chapter or of any regulation adopted by the board; or
(b) Bring an action in any court for violation of this chapter or the regulations adopted pursuant to this chapter,
only after the holder of a permit is afforded an opportunity for a public hearing [before] pursuant to regulations adopted by the board.
8. The health authority may suspend a permit if the holder is using an ambulance, air ambulance or vehicle of a fire-fighting agency which does not meet the minimum requirements for equipment as established by the board pursuant to this chapter.
9. The issuance of a permit pursuant to this section or NRS 450B.210 does not authorize any person or governmental entity to provide those services or to operate any ambulance, air ambulance or vehicle of a fire-fighting agency not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.
10. A permit issued pursuant to this section is valid throughout the state, whether issued by the health division or a county or district board of health. An ambulance, air ambulance or vehicle of a fire-fighting agency which has received a permit from the county or district board of health in a county whose population is 100,000 or more is not required to obtain a permit from the health division, even if the ambulance, air ambulance or vehicle of a fire-fighting agency has routine operations outside the county.
11. The health division shall maintain a central registry of all permits issued pursuant to this section, whether issued by the health division or a county or district board of health.
12. The board shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 4. NRS 459.105 is hereby amended to read as follows:
459.105 1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 459.235 is subject to the same procedural requirements which apply to disciplinary actions taken by the state board of health pursuant to NRS 459.100, and the officer or panel has those powers and duties given to the board in relation thereto.
κ1995 Statutes of Nevada, Page 1588 (CHAPTER 488, AB 122)κ
which apply to disciplinary actions taken by the state board of health pursuant to NRS 459.100, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel imposing an administrative penalty is a final decision [in a contested case. Any party aggrieved by a decision of the officer or panel to amend, revoke or suspend a license may appeal that decision to the state board of health.] for the purposes of judicial review.
Sec. 5. NRS 459.120 is hereby amended to read as follows:
459.120 1. If the health division finds that an emergency exists requiring immediate action to protect the public health and safety, the division may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as is considered necessary to meet the emergency.
2. Any person to whom such an order is directed shall comply immediately with [such] the order, but on application to the [state board of health he shall] health division he must be afforded a hearing.
3. [Such] The emergency order [shall] specified in subsection 1 must be continued, modified or revoked within 30 days after [such] the hearing.
Sec. 6. NRS 459.320 is hereby amended to read as follows:
459.320 Before [granting] a license for the processing or extraction of ores primarily for obtaining their content of source material and disposing of by-product material [, the state board of] is issued, the health division of the department of human resources shall:
1. Hold a hearing.
2. Provide a written analysis of the effect of the activity on the environment which must include:
(a) An assessment of the radiological and nonradiological effects on the public health;
(b) An assessment of any effect on any waterway and ground water;
(c) A summary of any alternatives to the activity being considered; and
(d) A summary of the long-term effect of the activity.
Sec. 7. NRS 584.210 is hereby amended to read as follows:
584.210 1. Whenever the health division of the department of human resources has reasonable grounds to believe that any applicant or permittee under NRS 584.180 to 584.210, inclusive, is violating any of the provisions of those sections, or any of the rules, regulations or specifications [promulgated] adopted by the state board of health relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet those regulations or are not reliable or are questionable, or when the health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the health division of the department of human resources may, after providing notice and opportunity for a hearing [,] pursuant to the provisions of subsection 2, refuse to grant a permit or suspend or revoke any or all permits previously issued.
2. [The] Except as otherwise provided in this subsection, if the health division intends to refuse to grant a permit or to suspend or revoke a permit pursuant to the provisions of subsection 1, the health division shall [cite the permittee, upon notice stating reasons and given not less than 10 days before the date set for the hearing, to appear and show cause, if any he has, why the permit should not be revoked or suspended.]
κ1995 Statutes of Nevada, Page 1589 (CHAPTER 488, AB 122)κ
permittee, upon notice stating reasons and given not less than 10 days before the date set for the hearing, to appear and show cause, if any he has, why the permit should not be revoked or suspended.] provide to the applicant or permittee, by certified mail, written notice of the intended action within the period established pursuant to regulations adopted by the state board of health. The notice must specify the reasons, the legal authority and the jurisdiction of the health division for taking the intended action. Upon receipt of the notice, an applicant or permittee may request a hearing, and, if so requested, the health division shall conduct a hearing pursuant to regulations adopted by the state board of health. If an applicant or permittee does not request a hearing after being notified pursuant to the provisions of this subsection, any decision of the health division made pursuant to this section is final and not subject to judicial review. Such notice and hearing is not required and a permit may be summarily disapproved, revoked or suspended by the health division if the health division finds that, based upon the particular circumstances of the case, it is in the best interests of the health, safety or welfare of the people of this state to so proceed.
3. The health division may conduct the investigations, summon and compel the attendance of witnesses, require the production of any records or documents, and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with [such hearings.
4. If, upon hearing, the health division is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the health division may revoke or suspend the permit summarily.
5.] a hearing conducted pursuant to the provisions of this section.
4. The findings of the health division and the judgment or order must be reduced to writing and filed in the permanent public records of the health division. The findings must state the reasons why the application for a permit was disapproved or the permit was suspended or revoked. Copies must be furnished to the applicant or permittee who may, [within 15 days after the denial, suspension or revocation of the permit,] if he requested and was given a hearing or if his application or permit was summarily disapproved, revoked or suspended pursuant to the provisions of subsection 2, file an appeal [with] pursuant to regulations adopted by the state board of health. Upon the filing of the appeal, the administrator of the health division or his designee shall appoint a person who did not participate in the decision of the health division to conduct a hearing in accordance with those regulations. The applicant or permittee is entitled to judicial review of the decision of the [board] person so appointed in the manner provided by chapter 233B of NRS. Upon the filing for appeal or review, the enforcement of the health divisions order must be stayed pending final disposition of the matter. If the order is judicially affirmed, it becomes final and the stay of enforcement is automatically vacated.
[6.] 5. In any case where the health division refuses to issue a permit, or suspends or revokes a permit, the applicant or accused is entitled to submit another application for the consideration of the health division.
6. The state board of health shall adopt such regulations as are necessary to carry out the provisions of this section.
κ1995 Statutes of Nevada, Page 1590 (CHAPTER 488, AB 122)κ
Sec. 8. Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:
Health division means the health division of the department of human resources.
Sec. 9. NRS 652.080 is hereby amended to read as follows:
652.080 1. Except as otherwise provided in NRS 652.235 and section 6 of [this act,] Assembly Bill No. 436 of this session, no person [, corporation, partnership or other form of business entity] may operate, conduct, issue a report from or maintain a medical laboratory without first obtaining a license to do so issued by the [board] health division pursuant to the provisions of this chapter.
2. [Such a] A license issued pursuant to the provisions of subsection 1 is valid for 12 months and is renewable annually on or before the date of its expiration.
3. No license may be issued to a laboratory which does not have a laboratory director.
4. A license may be placed in an inactive status upon the approval of the [board] health division and the payment of current fees.
Sec. 10. NRS 652.090 is hereby amended to read as follows:
652.090 An application for a license [shall] must be made under oath on a form prescribed by the [board and shall] health division and must contain the following information:
1. The name and location of the laboratory;
2. The name of the laboratory director;
3. The name of the owner or owners of the laboratory or, if a corporation, the names of the officers, directors and beneficial owners of 10 percent or more of its shares;
4. A description of the program and services provided by the laboratory; and
5. Such other information as the [board] health division may deem necessary or expedient to carry out its powers and duties under this chapter.
Sec. 11. NRS 652.100 is hereby amended to read as follows:
652.100 1. All applications for a license or renewal thereof must be accompanied by a reasonable fee in an amount prescribed by the board. All fees must be paid to the [board] health division and must be deposited with the state treasurer for credit to the appropriate account of the state board of health.
2. Claims for per diem and travel expenses and for other expenses of administration of this chapter must be paid as other claims against the state are paid.
Sec. 12. NRS 652.120 is hereby amended to read as follows:
652.120 The [board] health division shall enforce the provisions of this chapter.
Sec. 13. NRS 652.125 is hereby amended to read as follows:
652.125 1. The board shall adopt regulations for the certification and licensure of laboratory directors and laboratory personnel who perform technical duties other than the collection of blood.
κ1995 Statutes of Nevada, Page 1591 (CHAPTER 488, AB 122)κ
2. The [board] health division shall, as a prerequisite for the renewal of a certificate or license, require the laboratory director and any laboratory personnel certified by the [board] health division pursuant to this chapter to comply with the requirements for continuing education adopted by the board.
Sec. 14. NRS 652.140 is hereby amended to read as follows:
652.140 The [board] health division may:
1. Inspect the premises and operations of laboratories;
2. Conduct proficiency tests to determine the accuracy of the test results of laboratories;
3. Require laboratories to submit reports [for the purpose of determining] to determine compliance with the provisions of this chapter; and
4. Require that the reports submitted by a laboratory be:
(a) Made under oath;
(b) Signed by the laboratory director; or
(c) Made under oath and signed by the laboratory director.
Sec. 15. NRS 652.150 is hereby amended to read as follows:
652.150 The [board] health division shall maintain a registration list of all laboratories meeting the minimum standards and qualifications of this chapter.
Sec. 16. NRS 652.155 is hereby amended to read as follows:
652.155 Notwithstanding the provisions of NRS 652.130 and 652.150, and without requiring any examination or any other qualification than is provided in this section the [board] health division shall, upon application and the payment of any appropriate fee [prior to] before January 1, 1972:
1. Issue a directors license to any person who operated a laboratory in this state for at least 3 years immediately preceding January 1, 1967;
2. Issue a medical laboratory technologists certificate to any person who was a medical laboratory technologist in this state for at least 1 year immediately preceding January 1, 1967;
3. Issue a license to, and include in the registration list of laboratories meeting the minimum standards and qualifications of this chapter, any laboratory which was in operation in this state on January 1, 1967, which has a director meeting the qualifications provided in subsection 1; and
4. Keep on inactive status any licensee under this section who notifies the [board] health division that he desires such a status and pays the current fees.
Sec. 17. NRS 652.215 is hereby amended to read as follows:
652.215 A licensed professional nurse who is employed by the health division [of the department of human resources] to work in the field of community health may perform specific laboratory procedures prescribed by the board under the supervision of the state health officer. The board shall adopt regulations governing the performance of these procedures.
Sec. 18. NRS 652.225 is hereby amended to read as follows:
652.225 If the board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held pursuant to regulations adopted by the board to consider the contents of the report . [within 30 days after receiving the report.] The board shall adopt such regulations as are necessary to carry out the provisions of this section.
κ1995 Statutes of Nevada, Page 1592 (CHAPTER 488, AB 122)κ
Sec. 19. NRS 652.235 is hereby amended to read as follows:
652.235 1. A licensed physician may operate a medical laboratory solely in connection with the diagnosis or treatment of his own patients if the medical laboratory complies with the provisions of this section.
2. Each such medical laboratory shall:
(a) Register with the health division . [of the department of human resources.]
(b) Comply with the rules and regulations adopted by the board pursuant to NRS 652.130.
(c) Submit to the inspections and tests provided for in subsections 1 and 2 of NRS 652.140.
Sec. 20. NRS 652.240 is hereby amended to read as follows:
652.240 1. A laboratory which was in operation in this state on January 1, 1967, is not required to be licensed [under] pursuant to this chapter before January 1, 1972, but may apply for a license [prior to] before that date. Unless such a laboratory is so licensed, the [board] health division shall not include it in the registration list of laboratories meeting the minimum standards and qualifications of this chapter.
2. A person who was operating a laboratory in this state on January 1, 1967, may continue to do so or may be employed in a laboratory before or after July 1, 1972, without qualifying as a laboratory director or [under] pursuant to any rules pertaining to technical personnel. A person who was employed in a laboratory in this state on January 1, 1967, may be employed in a laboratory before or after January 1, 1972, without qualifying [under] pursuant to any rules pertaining to technical personnel.
Sec. 21. This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 1996, for all other purposes.
________
Assembly Bill No. 722Committee on Judiciary
CHAPTER 489
AN ACT relating to certified court reporters; increasing certain fees due to such reporters; authorizing parties to an action in a district court to provide a certified court reporter to transcribe proceedings which a judge has ordered transcribed by sound recording equipment; authorizing the appointment of certified court reporters as notaries public with the limited powers of administering oaths and affirmations; revising the definition of notarial act; and providing other matters properly relating thereto.
[Approved July 2, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.370 is hereby amended to read as follows:
3.370 1. For his services the official reporter or reporter pro tempore is entitled to the following fees:
κ1995 Statutes of Nevada, Page 1593 (CHAPTER 489, AB 722)κ
(a) For being available to report civil and criminal testimony and proceedings when the court is sitting [, $120] during traditional business hours on any day except Sunday, $140 per day, to be paid by the county as provided in subsection 3.
(b) For being available to report civil and criminal testimony and proceedings when the court is sitting beyond traditional business hours or on Sunday:
(1) If the reporter has been available to report for at least 4 hours, $30 per hour for each hour of availability; or
(2) If the reporter has been available to report for fewer than 4 hours, a pro rata amount based on the daily rate set forth in paragraph (a),
to be paid by the county as provided in subsection 3.
(c) For transcription [, $2.25] :
(1) Except as otherwise provided in subparagraph (2), $3.25 per page for the original draft [,] and one copy, and 50 cents per page for each additional copy to the party ordering the original draft.
(2) For civil litigants who are ordering the original draft and are represented by a nonprofit legal corporation or a program for pro bono legal assistance, $2.50 per page and 50 cents per page for each additional copy.
(3) For [transcription for] any party other than the party ordering the original draft, 50 cents per page.
[(c)] (d) For reporting all civil matters, in addition to the salary provided in [paragraph (a), $17.50] paragraphs (a) and (b), $20 for each hour or fraction thereof actually spent, to be taxed as costs pursuant to subsection 4. [If the fees for any day computed according to the hourly rate would exceed $120, the fee to be taxed for each civil matter reported is that proportion of $120 which the time spent on that matter bore to the total time spent that day.]
For the purposes of this subsection, a page is a sheet of paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2 inches from the left edge of the paper. The right margin must not be more than three-fourths of an inch from the right edge of the paper. Each sheet must be numbered on the left margin and must contain at least 24 lines of type. The first line of each question and of each answer may be indented not more than five spaces from the left margin. The first line of any paragraph or other material may be indented not more than 10 spaces from the left margin. There must not be more than one space between words or more than two spaces between sentences. The type size must not be larger than 10 characters per inch. The lines of type may be double spaced or one and one-half spaced.
2. If the services of more than one reporter are required by the court in a criminal proceeding, each reporter is entitled to receive the [fee] fees set forth in [paragraph] paragraphs (a) and (b) of subsection [1.] 1, as appropriate. Each reporter in a criminal proceeding is entitled to receive an additional fee equal to one-half of the fee to which he is entitled pursuant to paragraph [(b)] (c) of subsection 1 for transcribing a proceeding of which the transcripts are ordered by the court to be delivered on or before the start of the next day the court is scheduled to conduct business.
3. The [fee] fees specified in [paragraph] paragraphs (a) and (b) of subsection 1, the fees for transcripts in criminal cases ordered by the court to be made and the fees specified in subsection 2 must be paid out of the county treasury upon the order of the court.
κ1995 Statutes of Nevada, Page 1594 (CHAPTER 489, AB 722)κ
treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in the same manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to the official reporter in lieu of per diem. The salary, and also actual traveling expenses in cases where the reporter acts in more than one county, must be prorated by the judge on the basis of time consumed by work in the respective counties and must be paid out of the respective county treasuries upon the order of the court.
4. In civil cases the fees prescribed in paragraph [(c)] (d) of subsection 1 and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole fee. In either case all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering them. No reporter may be required to perform any service in a civil case until his fees have been paid to him or deposited with the clerk of the court.
5. Where a transcript is ordered by the court or by any party, the fees for it must be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.
6. The testimony and proceedings in an uncontested divorce action need not be transcribed unless requested by a party or ordered by the court.
Sec. 2. NRS 3.380 is hereby amended to read as follows:
3.380 1. The judge or judges of any district court may, with the approval of the board of county commissioners of any one or more of the counties comprising such district, in addition to the appointment of a court reporter as in this chapter provided, enter an order for the installation of sound recording equipment for use in any of the instances recited in NRS 3.320, for the recording of any [and all] civil and criminal proceedings, testimony, objections, rulings, exceptions, arraignments, pleas, sentences, statements and remarks made by the district attorney or judge, oral instructions given by the judge and any [and all] other proceedings occurring in civil or criminal actions or proceedings, or special proceedings whenever and wherever and to [like] the same extent as any of such proceedings have heretofore under existing statutes been recorded by the official reporter or any special reporter or any reporter pro tempore appointed by the court.
2. For the purpose of operating such sound recording equipment the court or judge may appoint or designate the official reporter or a special reporter or reporter pro tempore or the county clerk or clerk of [such] the court or deputy clerk. The person so operating such sound recording equipment shall subscribe to an oath that he will well and truly operate the [same] equipment so as to record all of [such] the matters and proceedings.
3. The court may then designate [such person so] the person operating such equipment or any other competent person to read the recording and to transcribe [the same] it into typewriting. The person [so transcribing such] transcribing the recording shall subscribe to an oath that he has truly and correctly transcribed [the same.
4. Such] it.
κ1995 Statutes of Nevada, Page 1595 (CHAPTER 489, AB 722)κ
4. The transcript may be used for all purposes for which transcripts have heretofore been received and accepted under then existing statutes, including transcripts of testimony and transcripts of proceedings as constituting bills of exceptions or part of the bill of exceptions on appeals in all criminal cases and transcripts of the evidence or proceedings as constituting the record on appeal in civil cases and including transcripts of preliminary hearings before justices of the peace and other committing magistrates, and [shall be] are subject to correction in [like] the same manner as transcripts under existing statutes.
5. In civil and criminal cases when the court has ordered the use of such sound recording equipment, any party to the action, at his own expense, may provide a certified court reporter to take down in shorthand and transcribe all the matters of the proceeding. In such a case, the record prepared by sound recording is the official record of the proceedings, unless it fails or is incomplete because of equipment or operational failure, in which case the record prepared by the certified court reporter shall be deemed, for all purposes, the official record of the proceedings.
Sec. 3. Chapter 240 of NRS is hereby amended by adding thereto a new section to read as follows:
A certified court reporter who receives a certificate of appointment as a notary public with limited powers pursuant to subsection 3 of NRS 240.030, may only administer oaths and affirmations and may not perform the other powers, and is not required to perform the other duties, of a notary public specified in NRS 240.040, 240.060 and 240.120.
Sec. 4. NRS 240.030 is hereby amended to read as follows:
240.030 1. [Each] Except as otherwise provided in subsection 3, each person applying for appointment as a notary public shall:
(a) At the time he submits his application, pay to the secretary of state $35.
(b) Take and subscribe to the oath set forth in section 2 of article 15 of the constitution of the State of Nevada as if he were a public officer.
(c) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides.
2. In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant who is employed as a peace officer and is required to be a notary public as a condition of that employment must not be required to disclose his residential address or telephone number on any such document which will become available to the public.
3. [The] A court reporter who has received a certificate of registration pursuant to NRS 656.180 may apply for appointment as a notary public with limited powers. Such an applicant is not required to enter into a bond to obtain the limited power of a notary public to administer oaths or affirmations.
4. If required, the bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment. On a form provided by the secretary of state, the county clerk shall immediately certify to the secretary of state that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the secretary of state shall issue a certificate of appointment as a notary public to the applicant.
κ1995 Statutes of Nevada, Page 1596 (CHAPTER 489, AB 722)κ
filed and recorded, the secretary of state shall issue a certificate of appointment as a notary public to the applicant.
[4.] 5. Except as otherwise provided in this subsection, the secretary of state shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the secretary of state shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.
Sec. 5. NRS 240.040 is hereby amended to read as follows:
240.040 1. [Each] Except as otherwise provided in section 3 of this act, each notary public shall authenticate all his acts, including any acknowledgment, jurat, verification or other certificate, by:
(a) Setting forth the following:
(1) The venue;
(2) His original signature; and
(3) A statement imprinted in indelible, photographically reproducible ink with a rubber or other mechanical stamp setting forth his name, the phrase Notary Public, State of Nevada, the date on which his appointment expires, the number of his certificate of appointment and, if he so desires, the Great Seal of the State of Nevada; and
(b) Including all applicable information in the acknowledgment, jurat, verification or other certificate.
2. After July 1, 1965, an embossed notarial seal is not required on notarized documents.
3. As used in this section, mechanical stamp includes an imprint made by a computer or other similar technology.
Sec. 6. NRS 240.060 is hereby amended to read as follows:
240.060 [A] Except as otherwise provided in section 3 of this act, a notary public may, during normal business hours, perform notarial acts in lawful transactions for a person who requests the act and tenders the appropriate fee.
Sec. 7. NRS 240.120 is hereby amended to read as follows:
240.120 1. [Each] Except as otherwise provided in section 3 of this act, each notary public shall keep a journal in his office in which he shall enter for each notarial act performed, at the time the act is performed:
(a) The fees charged, if any;
(b) The title of the matter;
(c) The date on which he performed the service;
(d) The name and signature of the person whose signature is being notarized; and
(e) A description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized.
2. If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall:
(a) Require the witness to sign the journal in the space provided for the description of the evidence used; and
(b) Make a notation in the journal that the witness is a credible witness.
3. The journal must:
(a) Be open to public inspection.
κ1995 Statutes of Nevada, Page 1597 (CHAPTER 489, AB 722)κ
(b) Be in a bound volume with preprinted page numbers.
4. A notary public shall keep his journal for the entire period of his appointment.
5. Any notary public who violates any of the provisions of this section shall be fined not more than $1,000.
Sec. 8. Section 5 of Assembly Bill No. 280 of this session is hereby amended to read as follows:
Sec. 5. Notarial act means any act that a notary public of this state is authorized to perform. The term includes:
1. Taking an acknowledgment;
2. [Taking a deposition;
3.] Administering an oath or affirmation;
[4.] 3. Taking a verification upon oath or affirmation;
[5.] 4. Witnessing or attesting a signature;
[6.] 5. Certifying or attesting a copy;
[7.] 6. Executing a jurat;
[8.] 7. Noting a protest of a negotiable instrument; and
[9.] 8. Performing such other duties as may be prescribed by a specific statute.
Sec. 9. Sections 4 to 8, inclusive, of this act become effective at 12:01 a.m. on October 1, 1995.
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Assembly Bill No. 720Committee on Natural Resources, Agriculture and Mining
(Requested by Assemblyman Dini)
CHAPTER 490
AN ACT relating to agriculture; creating a garlic and onion growers advisory board and providing its duties; providing for the levying of assessments upon all garlic and onions grown in this state; establishing a garlic and onion research and promotion account; providing a penalty; and providing other matters properly relating thereto.
[Approved July 2, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 49 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Advisory board means the garlic and onions growers advisory board.
2. Division means the division of agriculture of the department of business and industry.
3. Grower means any landowner personally engaged in growing garlic or onions, or both a landowner and his tenant jointly, and includes a natural person, partnership, association, corporation, cooperative organization, trust, sharecropper and all other business units, devises or arrangements that grow garlic or onions.
κ1995 Statutes of Nevada, Page 1598 (CHAPTER 490, AB 720)κ
person, partnership, association, corporation, cooperative organization, trust, sharecropper and all other business units, devises or arrangements that grow garlic or onions.
Sec. 3. 1. The garlic and onion growers advisory board, consisting of five members, is hereby created.
2. Two members of the advisory board must be:
(a) Citizens of the United States;
(b) Residents of the State of Nevada; and
(c) Garlic growers actively engaged in the growing and producing of garlic in the State of Nevada who derive a substantial portion of their annual income from growing garlic.
3. Two members of the advisory board must be:
(a) Citizens of the United States;
(b) Residents of the State of Nevada; and
(c) Onion growers actively engaged in the growing and producing of onions in the State of Nevada who derive a substantial portion of their annual income from growing onions.
4. One member of the board must be:
(a) A citizen of the United States; and
(b) A member of the American Dehydrated Onion and Garlic Association.
Sec. 4. The members of the advisory board serve without pay.
Sec. 5. The advisory board may:
1. Elect a chairman and such other officers from its members as it deems advisable.
2. Prepare a budget covering anticipated income and expenses for utilization of the money deposited to the garlic and onion research and promotion account.
3. Adopt procedures for filing with the advisory board any proposed garlic or onion research project or market-promotion project.
4. Prepare and present to the state board of agriculture a program for research in the production, harvesting, processing, distribution and market promotion of garlic and onions. The program must contain a recommendation of a natural person or agency to conduct or manage each project, the time period for each project and the budget allocation for the project.
5. Adopt regulations establishing the conditions, if any, under which a member of the advisory board is entitled to claim a per diem allowance.
Sec. 6. 1. The state board of agriculture may:
(a) Appoint the members of the advisory board, fix their terms of office and fill all vacancies.
(b) Establish procedures for the Nevada garlic and onion industry to recommend persons for appointment to the advisory board.
(c) Administer, enforce and control the collection of assessments levied for the garlic and onion research and promotion account.
(d) Authorize payments from the garlic and onion research and promotion account upon the recommendation of the advisory board.
(e) Contract with natural persons or agencies for the conduct or management of research projects and market-promotion projects.
(f) Adopt regulations to carry out the provisions of this chapter.
κ1995 Statutes of Nevada, Page 1599 (CHAPTER 490, AB 720)κ
2. Money from the state general fund may not be utilized by the state board of agriculture in carrying out the provisions of this chapter. Expenditures for those purposes may be made only from the garlic and onion research and promotion account created by section 13 of this act, and are subject to the limitations stated in that section.
Sec. 7. All gifts or grants of money which the advisory board is authorized to accept must be deposited with the state treasurer for credit to the garlic and onion research and promotion account.
Sec. 8. 1. The division shall, on or before August 1 of each year, fix an annual special assessment not to exceed $10 per acre to be levied upon all garlic and onions grown in this state. The division shall collect the assessment and transmit the proceeds to the state treasurer for credit to the garlic and onion research and promotion account.
2. On or before June 30 of each year, any person who has paid the special assessment levied pursuant to this section may file a claim for refund with the division accompanied by a receipt showing payment. Upon verification of the correctness of the claim, the division shall transmit it to the state controller for payment from the garlic and onion research and promotion account.
Sec. 9. All assessments levied pursuant to the provisions of section 8 of this act must be paid to the division by the grower of garlic or onions and must be paid by December 1 of each year for the grower of garlic, and by May 1 of each year for the grower of onions, or within 30 days after the planting of garlic or onions after those dates.
Sec. 10. Any grower who fails to file a return or to pay any assessment pursuant to section 8 of this act within the time required forfeits to the division a penalty of 5 percent of the amount of the assessment due and 1 percent of the assessment due for each month of delay or fraction thereof after the end of the month in which the return was required to be filed or in which the assessment became due. The division, if satisfied the delay was excusable, may remit any part of the penalty. The penalty must be paid to the division and deposited for credit to the garlic and onion research and promotion account.
Sec. 11. Any assessment levied constitutes a personal debt of the person so assessed. If a person fails to pay an assessment, including all penalties, the division may, at any time within 3 years after the date of delinquency, maintain a civil action against him to recover the amount of the delinquent assessment and penalties.
Sec. 12. A person who violates any of the provisions of this chapter is guilty of a misdemeanor.
Sec. 13. Chapter 561 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The garlic and onion research and promotion account is hereby created in the state general fund. The proceeds of the special assessment levied pursuant to section 8 of this act must be credited to the account and all refunds made pursuant to section 8 of this act must be paid from the account.
2. Expenditures from the account may be made only for:
(a) Garlic and onion research programs and marketing-promotion programs;
κ1995 Statutes of Nevada, Page 1600 (CHAPTER 490, AB 720)κ
(b) Administrative, per diem and travel expenses of the garlic and onion growers advisory board; and
(c) Reimbursement to the division for administrative expenses of the division, not to exceed 5 percent of the assessments collected.
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Assembly Bill No. 709Committee on Health and Human Services
(Requested by Nevada Rural Hospital Project)
CHAPTER 491
AN ACT relating to medical facilities; specifying the persons who are entitled to access the results of laboratory tests regarding patients of rural hospitals and other patients; making a certain restriction concerning the waiver by a hospital of a deductible or copayment apply also to other medical facilities; and providing other matters properly relating thereto.
[Approved July 2, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 3. Rural hospital means a hospital with 85 or fewer beds which is:
1. The sole institutional provider of health care located within a county whose population is less than 100,000;
2. The sole institutional provider of health care located within a city whose population is less than 20,000; or
3. Maintained and governed pursuant to NRS 450.550 to 450.700, inclusive.
Sec. 4. The following persons are entitled to access the results of tests performed at a licensed laboratory regarding a patient of a rural hospital:
1. The patient;
2. The physician who ordered the tests; and
3. A provider of health care who is currently treating or providing assistance in the treatment of the patient.
Sec. 5. NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 449.037 is hereby amended to read as follows:
449.037 1. The board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, and for programs of hospice care.