[Rev. 2/11/2019 12:38:43 PM]
LAWS OF THE STATE OF NEVADA
κ1997 Statutes of Nevada, Page 1κ
LAWS OF THE STATE
OF NEVADA
Passed at the
SIXTY-NINTH SESSION OF THE LEGISLATURE
1997
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Senate Bill No. 1Committee on Finance
CHAPTER 1
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved January 23, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $10,000,000.
Sec. 2. This act becomes effective upon passage and approval.
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Assembly Bill No. 46Committee on Ways and Means
CHAPTER 2
AN ACT making an appropriation for the states proportional matching funding for grants for flood damage made through the Federal Emergency Management Agency Individual and Family Grant Program; and providing other matters properly relating thereto.
[Approved February 5, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the welfare division of the department of human resources the sum of $1,000,000 for the states required proportional matching funding for the grants for flood damage made through the Federal Emergency Management Agency Individual and Family Grant Program.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1997 Statutes of Nevada, Page 2 (CHAPTER 2, AB 46)κ
reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
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Assembly Bill No. 57Committee on Ways and Means
CHAPTER 3
AN ACT making an appropriation to the legislative fund for the completion of the addition to the legislative building; and providing other matters properly relating thereto.
[Approved February 20, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund the sum of $2,600,000 for the completion of the addition to the legislative building.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, 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.
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Assembly Bill No. 19Assemblyman Sandoval
CHAPTER 4
AN ACT relating to civil liability; revising the provisions governing civil actions by persons who sustain damages while committing unlawful acts; and providing other matters properly relating thereto.
[Approved March 7, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.135 is hereby amended to read as follows:
41.135 A person who is convicted of committing or attempting to commit [sexual assault, kidnaping, arson, robbery, burglary, invasion of the home, sexual molestation of a child under the age of 14 years or any criminal homicide] a felony or a juvenile who is adjudicated delinquent for committing or attempting to commit an act that would have been a felony if committed by an adult may not bring an action against the victim or the victims estate for injuries sustained by the offender or damage to property of the offender that occurred in the course of the [crime.] felony or delinquent act.
κ1997 Statutes of Nevada, Page 3 (CHAPTER 4, AB 19)κ
Sec. 2. The amendatory provisions of this act apply to an action that is filed on or after the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
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Senate Bill No. 73Committee on Judiciary
CHAPTER 5
AN ACT relating to district courts; increasing the number of judges of the second judicial district designated as judges of the family court; and providing other matters properly relating thereto.
[Approved March 17, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.012 is hereby amended to read as follows:
3.012 For the second judicial district there must be 11 district judges, [1] 2 of whom must be [a judge] judges of the family court.
Sec. 2. NRS 3.012 is hereby amended to read as follows:
3.012 For the second judicial district there must be 11 district judges, [2] 3 of whom must be judges of the family court.
Sec. 3. The additional family court judge required pursuant to section 1 of this act must be appointed by the governor and serve until January 4, 1999. The successor of this judge must be selected at the general election to be held on November 3, 1998, and take office on January 4, 1999. The term of the successor judge expires on January 3, 2005. On and after the effective date of this act, department 5 of the second judicial district is hereby designated as a family court.
Sec. 4. The additional family court judge required pursuant to section 2 of this act must be selected at the general election to be held on November 5, 2002. The term of this judge expires on January 5, 2009. On and after January 6, 2003, department 2 of the second judicial district is hereby designated as a family court.
Sec. 5. 1. This section and sections 1 and 3 of this act become effective upon passage and approval.
2. Sections 2 and 4 of this act become effective on January 6, 2003.
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κ1997 Statutes of Nevada, Page 4κ
Assembly Bill No. 89Committee on Judiciary
CHAPTER 6
AN ACT relating to courts; requiring the approval of the appointment of a deputy clerk by the justice of the peace; providing for the supervision of a deputy clerk by the justice of the peace; providing for the appointment of a deputy clerk by the justice of the peace in a township in which no deputy clerk is appointed; and providing other matters properly relating thereto.
[Approved March 18, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.350 is hereby amended to read as follows:
4.350 1. Except as otherwise provided in subsection 5, the county clerk, with the approval of the board of county commissioners [,] and the justice of the peace, may appoint a deputy clerk for the justices court . [upon the recommendation of the justice of the peace.] The compensation of a clerk so appointed must be fixed by the board of county commissioners.
2. The deputy clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is required of other officers of the township and county. The county clerk is not personally liable, on his official bond or otherwise, for the acts of a deputy clerk appointed pursuant to this section.
3. The deputy clerk may , under the direct supervision of the justice of the peace, administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping of the records, files and dockets of the court, and shall perform any other duties in connection with the office as the justice of the peace prescribes.
4. Except as otherwise provided in subsection 5, where there is more than one justice of the peace serving in any township, the county clerk may, with the approval of the board of county commissioners [,] and the justices of the peace, appoint a second deputy who shall comply with the requirements of subsection 2 and has the powers and duties prescribed in subsection 3.
5. In a county whose population is 400,000 or more, the board of county commissioners , with the approval of the justice of the peace, may appoint a deputy clerk for a justices court . [upon the recommendation of the justice of the peace.] If there is more than one justice of the peace serving in any township, the board , with the approval of the justices of the peace, may appoint one or more additional deputy clerks.
6. If no deputy clerk is appointed for a township, the justice of the peace shall be deemed to be the [deputy] clerk of the court [.] and may appoint as many deputy clerks for the justices court as he determines necessary.
Sec. 2. This act becomes effective on July 1, 1997.
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κ1997 Statutes of Nevada, Page 5κ
Assembly Bill No. 78Committee on Judiciary
CHAPTER 7
AN ACT relating to juries; expanding the amount of money that a juror may donate to an agency that provides protective services for children; and providing other matters properly relating thereto.
[Approved March 18, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 6.155 is hereby amended to read as follows:
6.155 1. Each board of county commissioners may establish and maintain a program whereby a person may forfeit any money that he is entitled to receive pursuant to [subsection 1 or 2 of] NRS 6.150 for his services [in that county,] and expenses and have that money donated to an agency which provides protective services [which] and that is located in [that county.] the county in which the person is serving as a juror. Any money donated through a program established pursuant to this section must be used only for a program or activity which is designed to prevent the abuse or neglect of a child or to benefit an abused or neglected child.
2. As used in this section:
(a) Abuse or neglect of a child has the meaning ascribed to it in NRS 432B.020.
(b) Agency which provides protective services has the meaning ascribed to it in NRS 432B.030.
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Assembly Bill No. 72Committee on Government Affairs
CHAPTER 8
AN ACT relating to utility facilities; transferring the duty to review permits to construct utility facilities from the state environmental commission to the division of environmental protection of the state department of conservation and natural resources; and providing other matters properly relating thereto.
[Approved March 18, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.870 is hereby amended to read as follows:
704.870 1. A public utility which applies for a permit [shall] must file with the commission an application, in such form as the commission prescribes, containing:
(a) A description of the location and of the utility facility to be built thereon;
(b) A summary of any studies which have been made of the environmental impact of the facility;
κ1997 Statutes of Nevada, Page 6 (CHAPTER 8, AB 72)κ
(c) A statement explaining the need for the facility;
(d) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility;
(e) A summary of the examination of conservation measures and alternative sources of energy which was made before the construction of a facility using fossil fuel; and
(f) Such other information as the applicant may consider relevant or as the commission may by regulation or order require.
A copy or copies of the studies referred to in paragraph (b) must be filed with the commission and be available for public inspection.
2. A person who is not a public utility and who applies for a permit [shall] must file with the commission an application, in such form as the commission prescribes, containing:
(a) A description of the location and of the utility facility to be built thereon;
(b) A summary of any studies which have been made of the environmental impact of the facility; and
(c) Such other information as the applicant may consider relevant.
3. A copy of the application must be filed with the [chairman of the state environmental commission created pursuant to NRS 445B.200.] administrator of the division of environmental protection of the state department of conservation and natural resources.
4. Each application must be accompanied by [proof] :
(a) Proof of service of a copy of the application on the clerk of each local government in the area in which any portion of the facility is to be located, both as primarily and as alternatively proposed [.
5. Each application must also be accompanied by proof] ; and
(b) Proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice under [subsection 4] paragraph (a) by the publication of a summary of the application in newspapers published and distributed in the area in which the utility facility is proposed to be located.
Sec. 2. NRS 704.875 is hereby amended to read as follows:
704.875 The [state environmental commission] division of environmental protection of the state department of conservation and natural resources shall review each application filed and may participate in any proceeding held pursuant to NRS 704.880.
Sec. 3. NRS 704.885 is hereby amended to read as follows:
704.885 1. The parties to a permit proceeding include:
(a) The applicant.
(b) The [state environmental commission created pursuant to NRS 445B. 200.] division of environmental protection of the state department of conservation and natural resources.
(c) Each local government entitled to receive service of a copy of the application under subsection 4 of NRS 704.870, if it has filed with the commission a notice of intervention as a party, within 45 days after the date it was served with a copy of the application.
κ1997 Statutes of Nevada, Page 7 (CHAPTER 8, AB 72)κ
(d) Any person residing in a local government entitled to receive service of a copy of the application under subsection 4 of NRS 704.870, if such a person has petitioned the commission for leave to intervene as a party within 45 days after the date of the published notice and if the petition has been granted by the commission for good cause shown.
(e) Any domestic nonprofit corporation or association, formed in whole or in part to promote conservation of natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the commission a notice of intent to be a party within 45 days after the date of the published notice.
2. Any person may make a limited appearance in the proceeding by filing a statement of position within 45 days after the date of the published notice. A statement filed by a person making a limited appearance becomes part of the record. No person making a limited appearance has the right to present oral testimony or cross-examine witnesses.
3. The commission may, for good cause shown, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph [(b),] (c), (d) or (e) of subsection 1, but who failed to file [a timely] in a timely manner a notice of intervention [or] , a petition for leave to intervene [,] or a notice of intent to be a party, as the case may be.
Sec. 4. This act becomes effective on July 1, 1997.
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Senate Bill No. 48Committee on Government Affairs
CHAPTER 9
AN ACT relating to the state printing division; deleting all references to micrographics in the name of the state printing division; and providing other matters properly relating thereto.
[Approved March 25, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 344.015 is hereby amended to read as follows:
344.015 Division means the state printing [and micrographics] division of the department of administration.
Sec. 2. NRS 345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each volume of Nevada Reports from the superintendent of the state printing [and micrographics] division of the department of administration, the director of the legislative counsel bureau shall distribute them without charge as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
κ1997 Statutes of Nevada, Page 8 (CHAPTER 9, SB 48)κ
2. The supreme court law library, two copies.
3. To each justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, justice of the peace and municipal judge in this state, one copy.
4. To each public library in this state, one copy.
5. To each library in the University and Community College System of Nevada, one copy.
6. To the Nevada historical society, one copy.
7. Upon request, to any state, county or municipal officer.
Sec. 3. NRS 345.025 is hereby amended to read as follows:
345.025 Within the limits of legislative appropriations, specifically made for such purpose, the director of the legislative counsel bureau may contract with a private printing firm for the reproduction by printing or other reproductive process of volumes of Nevada Reports which are out of print or of limited supply in the office of the legislative counsel bureau if the price quoted by the firm for such services is lower than the price quoted by the superintendent of the state printing [and micrographics] division of the department of administration. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports and must be sold to the public at the prices established pursuant to NRS 345.050. The proceeds of such sales must be deposited by the director of the legislative counsel bureau with the state treasurer for credit to the state general fund.
Sec. 4. NRS 2.320 is hereby amended to read as follows:
2.320 The clerk of the supreme court and the official reporter are ex officio reporters of decisions. Whenever any case is finally determined by the supreme court, the reporters of decisions shall make a synopsis of the opinion and decision of the supreme court in the case. A copy of the opinion together with the synopsis must be filed by the reporters of decisions with the superintendent of the state printing [and micrographics] division of the department of administration.
Sec. 5. NRS 2.340 is hereby amended to read as follows:
2.340 1. The superintendent of the state printing [and micrographics] division of the department of administration shall furnish the reporters of decisions with proof sheets for their verification and correction before publication in permanent form. The superintendent then shall print immediately each complete supreme court decision in pamphlet form and shall furnish the clerk of the supreme court with as many pamphlet copies of each decision as the clerk determines are necessary for distribution to licensed attorneys, or any person mentioned in NRS 2.345, or for his use and the use of the justices of the supreme court. Each decision must be printed and pamphlet copies returned to the clerk of the supreme court within 14 days, not including the day of delivery, after the decision has been furnished to the superintendent by the clerk of the court. For good cause shown, the chief justice of the supreme court may extend the time within which the decision or decisions may be published.
2. At the time of delivering the copy of any decision to the superintendent pursuant to the provisions of NRS 2.320, which must be immediately after the decision is filed, the clerk of the supreme court shall take a receipt for the decision.
κ1997 Statutes of Nevada, Page 9 (CHAPTER 9, SB 48)κ
take a receipt for the decision. The receipt must set forth the date of delivery and the title and number of the case.
Sec. 6. NRS 2.380 is hereby amended to read as follows:
2.380 The superintendent of the state printing [and micrographics] division of the department of administration shall cause to be printed upon good paper and in a workmanlike manner, bound in buckram and delivered to the legislative counsel bureau a number of copies of each volume of decisions published after February 16, 1967, not less than 750 and sufficient in the opinion of the director of the legislative counsel bureau to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.
Sec. 7. NRS 205.134 is hereby amended to read as follows:
205.134 1. A notice in boldface type which is clearly legible and is in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or draft without sufficient money or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of $250 or more or by a person who previously has been convicted three times of this or a similar offense is guilty of a category D felony and may be punished as provided in NRS 193.130.
2. The superintendent of the state printing [and micrographics] division of the department of administration shall prepare the notice and supply copies of it on demand. The superintendent may charge a fee based on the cost for each copy of the notice which is supplied.
3. Failure of the owner, operator or manager of a bank or other place of business to post the sign required by this section is not a defense to charge of a violation of NRS 205.130.
Sec. 8. NRS 205.380 is hereby amended to read as follows:
205.380 1. A person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his employee, with the intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:
(a) If the value of the thing or labor fraudulently obtained was $250 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.
(b) If the value of the thing or labor fraudulently obtained was less than $250, for a misdemeanor, and must be sentenced to restore the property fraudulently obtained, if it can be done, or tender payment for rent or labor.
κ1997 Statutes of Nevada, Page 10 (CHAPTER 9, SB 48)κ
2. For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:
(a) Property which can be returned in the same condition in which it was originally received;
(b) Rent; or
(c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,
stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.
3. The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of the intent to defraud.
4. A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:
The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:
1. If the value of the property, rent or labor fraudulently obtained was $250 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. If the value of the property, rent or labor so fraudulently obtained was less than $250, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing [and micrographics] division of the department of administration, who may charge a fee based on the cost for each copy of the notice supplied to any person.
Sec. 9. NRS 218.225 is hereby amended to read as follows:
218.225 1. At each regular session of the legislature, each legislator is entitled to receive at the expense of the legislative fund from the state printing [and micrographics] division of the department of administration the following:
κ1997 Statutes of Nevada, Page 11 (CHAPTER 9, SB 48)κ
(a) Not to exceed 1,000 letterheads (8 1/2 inches x 11 inches) and 1,000 half size, or 2,000 of either variety;
(b) Not to exceed 1,000 No. 10 envelopes and 1,000 No. 6 3/4 envelopes, or 2,000 of either variety; and
(c) Not to exceed 1,000 business cards and 1,000 memorandum sheets (500 each of the small and large type or 1,000 of either type).
Selections must be made from samples submitted by the superintendent of the state printing [and micrographics] division of the department of administration and all printing must be done in the state printing [and micrographics] division of the department of administration.
2. Each female member of the assembly is entitled to have the word Assemblywoman precede the inscription of her name on her official stationery and business cards.
3. All orders for the printing specified in subsection 1 must be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay the claims from the legislative fund in the same manner as other claims against the state are paid.
4. A legislator may purchase from the state printing [and micrographics] division of the department of administration official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense.
Sec. 10. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive. Except as otherwise provided in those provisions, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the constitution or laws of this state.
2. An interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 may request the preparation of no more than 10 legislative measures, except that such a committee may request the preparation of additional legislative measures if the legislative commission approves each additional request by a majority vote.
3. The legislative counsel shall give consideration to and service concerning any measure before the legislature which is requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
4. The legislative counsel may deliver to the superintendent of the state printing [and micrographics] division of the department of administration and request that he print or preset the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
κ1997 Statutes of Nevada, Page 12 (CHAPTER 9, SB 48)κ
Sec. 11. NRS 218.2756 is hereby amended to read as follows:
218.2756 1. If the fiscal note is obtained before the bill or joint resolution is introduced the fiscal analysis division shall submit a copy of the note to the requester. If the requester desires to introduce the bill or joint resolution the legislative counsel shall attach a duplicate copy of the note to the bill or joint resolution and shall prepare the bill or joint resolution for introduction. The original, signed copy of the note must be retained by the fiscal analysis division to be used as printers copy after the bill or joint resolution is introduced.
2. If the fiscal note is obtained after the bill or joint resolution has been introduced, the fiscal analysis division shall forward a duplicate copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the original, signed copy to the superintendent of the state printing [and micrographics] division of the department of administration for the purposes of printing.
3. The triplicate copy of the fiscal note must be retained by the fiscal analysis division.
4. The fiscal analysis division shall send a copy of the fiscal note to the chairman of the standing committee or committees to which the bill or joint resolution has been referred.
Sec. 12. NRS 218.278 is hereby amended to read as follows:
218.278 1. The legislative counsel shall, upon receipt of requests for prefiling bills and joint resolutions, transmit those bills and resolutions that may be prefiled to the secretary of the senate or the chief clerk of the assembly, as appropriate. The secretary or chief clerk shall number the bills and joint resolutions consecutively in the same manner as during regular sessions of the legislature and is responsible for the safekeeping of such bills and joint resolutions.
2. After a bill or joint resolution has been properly numbered, the legislative counsel shall deliver a copy to the superintendent of the state printing [and micrographics] division of the department of administration. The superintendent shall print the copy in the same manner as during regular sessions of the legislature. The bill or joint resolution must contain:
(a) The name of the introducer;
(b) The date on which it was prefiled;
(c) If it was not requested by a member of the legislature, the name of the entity that requested the preparation of the bill or joint resolution; and
(d) The standing committee of the senate or assembly to which the bill or joint resolution is proposed to be referred. The standing committee must be determined pursuant to the rules or recommendations for the referral of bills and joint resolutions adopted by the appropriate house during the preceding regular session of the legislature.
3. The number of copies to be printed must be determined by the legislative counsel, and the expenses of printing and mailing must be paid from the legislative fund.
4. The legislative counsel shall release copies of a prefiled bill or joint resolution to the public.
κ1997 Statutes of Nevada, Page 13 (CHAPTER 9, SB 48)κ
Sec. 13. NRS 218.290 is hereby amended to read as follows:
218.290 1. The superintendent of the state printing [and micrographics] division of the department of administration shall print as many copies of every bill, resolution or fiscal note for any bill introduced in either house of the legislature as are authorized by the secretary of the senate and the chief clerk of the assembly.
2. In printing bills and resolutions the superintendent is authorized:
(a) To set the style and form of the printing.
(b) To correct all errors in spelling or punctuation in the copy furnished him.
(c) To supply the enacting clause if omitted.
3. No change may be made by the superintendent which in any way varies the apparent meaning of a bill or resolution.
Sec. 14. NRS 218.300 is hereby amended to read as follows:
218.300 The superintendent of the state printing [and micrographics] division of the department of administration shall, immediately after receipt of the copy of any bill or resolution, print, in addition to the regular authorized number, one copy thereof upon heavy buff paper, which copy must be delivered to the secretary of the senate or to the chief clerk of the assembly. Before the third reading and final passage of the bill or resolution, the legislative counsel shall carefully compare the printed or reprinted copy of the bill or resolution with the duplicate copy thereof and the original amendments as adopted by the house, and, if the printed or reprinted copy is found to be in all respects correct, the legislative counsel shall then certify to the correctness of the bound copy and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be, whereupon the bound copy printed upon buff paper, so compared and certified, is ready for third reading and final passage.
Sec. 15. NRS 218.350 is hereby amended to read as follows:
218.350 1. The legislative counsel shall transmit copies of passed bills or resolutions without delay, in the order of their receipt, to the superintendent of the state printing [and micrographics] division of the department of administration, taking his receipt therefor. The receipt must bear the date of delivery and give the bill or resolution number.
2. The superintendent shall without delay enroll (print) the bills or resolutions in the order of their receipt by him, and they must be printed in enrolled form, retaining symbols indicating amendments to existing law only. In printing enrolled bills amending existing law, the superintendent, in cooperation with the legislative counsel, shall cause to be printed between brackets the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment, and shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by the passage of such amendment.
3. In ascertaining the correct reading, status and interpretation of an enrolled bill amending existing law, the matter inserted within brackets must be omitted, and the matter in italics must be read and interpreted as part of the enrolled bill.
κ1997 Statutes of Nevada, Page 14 (CHAPTER 9, SB 48)κ
4. At least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and resolutions, must be printed on bond paper, and the superintendent shall deliver the enrolled copy of the bill or resolution to the legislative counsel. The legislative counsel shall then carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct the legislative counsel shall present it to the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.
Sec. 16. NRS 218.450 is hereby amended to read as follows:
218.450 The superintendent of the state printing [and micrographics] division of the department of administration shall:
1. Receive from the senate or assembly all matter ordered by either house to be printed and bound, or either printed or bound, and shall keep a record of all such work and of the order in which it may be received. When the work is executed he shall deliver the finished sheets or volumes to the sergeant at arms of either house as the case may be, or to any person authorized to receive them.
2. Receive from the legislative counsel and print, or preset the type for printing, legislative measures before their introduction.
3. Upon the request of the director of the legislative counsel bureau, print additional copies of bills and legislative publications for mailing and distribution by the legislative counsel bureau.
4. Perform such duties in connection with the filing and distribution of bills, resolutions, daily journals and other papers as may be required by the rules or special orders of either house of the legislature.
Sec. 17. NRS 218.460 is hereby amended to read as follows:
218.460 1. All requests for mailing or distribution of bills and legislative publications must be filed with the director of the legislative counsel bureau who shall request the superintendent of the state printing [and micrographics] division of the department of administration to print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements. The superintendent of the state printing [and micrographics] division may print only that amount of bills and legislative publications necessary for such requests and requirements.
2. Except as otherwise provided in NRS 218.460 to 218.466, inclusive, no bill or other legislative publication may be distributed without payment therefor of a sum fixed by the director of the legislative counsel bureau.
3. Any person, office or organization, except for those for which provision is otherwise made in NRS 218.460 to 218.466, inclusive, may receive upon request free of charge in any one calendar year a maximum of two copies of each individual bill or resolution specified by bill or resolution number or of each daily history, daily journal or index.
4. The director of the legislative counsel bureau shall fix the cost of such bills and publications, including postage, and such money as may be received by him must be remitted to the legislative counsel bureau for deposit in the legislative fund. Before each session of the state legislature, the director of the legislative counsel bureau shall reanalyze the cost of such bills and publications, including postage, and establish a cost schedule that, as nearly as practicable, reflects the estimated cost to be incurred during the session.
κ1997 Statutes of Nevada, Page 15 (CHAPTER 9, SB 48)κ
the director of the legislative counsel bureau shall reanalyze the cost of such bills and publications, including postage, and establish a cost schedule that, as nearly as practicable, reflects the estimated cost to be incurred during the session.
5. The costs of such distributions, including postage, must be paid from the legislative fund.
Sec. 18. NRS 218.470 is hereby amended to read as follows:
218.470 1. During each session of the legislature, the superintendent of the state printing [and micrographics] division of the department of administration shall print daily in separate book form a sufficient number of copies of the journal of the previous days proceedings of each house to supply the members and officers of both houses. The secretary of the senate and the chief clerk of the assembly shall determine the number of copies necessary for their respective houses.
2. One copy of the daily journal of each house, upon its approval by the house, [shall] must be authenticated as so approved by the presiding officer and the secretary or chief clerk as the case may be. Upon final adjournment of the legislature the authenticated copies of the daily journal of each house for the entire session [shall] must be properly bound in separate volumes and deposited in the office of the secretary of state as the official journals of both houses of the legislature.
Sec. 19. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of state shall furnish to the superintendent of the state printing [and micrographics] division of the department of administration, within 3 days from the time he receives each one from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
2. The director of the legislative counsel bureau shall:
(a) Distribute one copy of each act as printed to each county clerk, district judge, district attorney and justice of the peace in the state.
(b) Immediately upon the adjournment of the session, collect and have printed and bound advance sheets of all acts, resolutions and memorials passed at the session.
(c) Distribute one copy of the advance sheets, without charge, to each justice of the supreme court, the attorney general, the state public defender, and to each county clerk, district judge, district attorney, county public defender, justice of the peace, city attorney and municipal judge in the state, deliver to the supreme court law library a number of copies appropriate to secure the exchange of similar publications from other states, and establish the price at which the advance sheets must be sold to other persons.
3. The legislative counsel shall, immediately upon the adjournment of the session, prepare statutory tables and an index of all acts, resolutions and memorials passed at the session.
4. The superintendent, upon receipt of the statutory tables and index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.
Sec. 20. NRS 218.570 is hereby amended to read as follows:
218.570 A person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature, with the intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published by the superintendent of the state printing [and micrographics] division of the department of administration in language different from that in which it was passed or adopted by the legislature, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
κ1997 Statutes of Nevada, Page 16 (CHAPTER 9, SB 48)κ
intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published by the superintendent of the state printing [and micrographics] division of the department of administration in language different from that in which it was passed or adopted by the legislature, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 21. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the legislative counsel shall have it printed, lithoprinted or reproduced by any other process by the state printing [and micrographics] division of the department of administration and may create or cause to be created reproductions of Nevada Revised Statutes, alone or in combination with any other legal publications, on electronic discs or any other available medium. The legislative commission shall determine the number of copies which must be printed or reproduced of each page of each volume of Nevada Revised Statutes with annotations.
2. Upon completion of the final printing or other reproduction the separate volumes must be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The legislative counsel shall sell each set, and may sell individual volumes, discs, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding or other reproduction, and all proceeds of sales must be deposited in the legislative fund.
3. A master copy of Nevada Revised Statutes must be kept in the office of the legislative counsel, and the master copy must not be removed from the office except in the custody of the legislative counsel.
Sec. 22. NRS 220.140 is hereby amended to read as follows:
220.140 The legislative counsel bureau shall reimburse the superintendent of the state printing [and micrographics] division of the department of administration for the cost of printing or reproduction required by this chapter from the legislative fund or from legislative appropriations made for that purpose.
Sec. 23. NRS 232.213 is hereby amended to read as follows:
232.213 1. The department of administration is hereby created.
2. The department consists of a director and the following divisions:
(a) Budget division.
(b) Risk management division.
(c) Hearings division, which consists of hearing officers, compensation officers and appeals officers.
(d) Buildings and grounds division.
(e) Purchasing division.
(f) State printing [and micrographics] division.
(g) Administrative services division.
3. The director may establish a motor pool division or may assign the functions of the state motor pool to one of the other divisions of the department.
κ1997 Statutes of Nevada, Page 17 (CHAPTER 9, SB 48)κ
Sec. 24. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the:
(a) Risk management division;
(b) Buildings and grounds division;
(c) Purchasing division;
(d) State printing [and micrographics] division;
(e) Administrative services division; and
(f) Motor pool division if separately established.
2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.
3. Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers. The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.
4. Shall serve as chairman of the state public works board.
5. Is responsible for the administration, through the divisions of the department, of the provisions of chapters 331, 333, 336 and 344 of NRS, NRS 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
6. Is responsible for the administration of the laws of this state relating to the negotiation and procurement of medical services and other benefits for state agencies.
7. Has such other powers and duties as are provided by law.
Sec. 25. NRS 232.2165 is hereby amended to read as follows:
232.2165 1. The chief of:
(a) The buildings and grounds division;
(b) The purchasing division;
(c) The state printing [and micrographics] division;
(d) The administrative services division; and
(e) If separately established, the motor pool division,
of the department serves at the pleasure of the director, but, except as otherwise provided in subsection 2, for all purposes except removal is in the classified service of the state.
2. The chief of the motor pool division if separately established is in the unclassified service of the state.
Sec. 26. NRS 232.217 is hereby amended to read as follows:
232.217 Unless federal law or regulation otherwise requires, the chief of the:
1. Budget division;
2. Buildings and grounds division;
3. Purchasing division;
4. State printing [and micrographics] division; and
5. Motor pool division if separately established,
may appoint a deputy and a chief assistant in the unclassified service of the state, who shall not engage in any other gainful employment or occupation except as otherwise provided in NRS 284.143.
κ1997 Statutes of Nevada, Page 18 (CHAPTER 9, SB 48)κ
Sec. 27. NRS 232.219 is hereby amended to read as follows:
232.219 1. The department of administrations operating fund for administrative services is hereby created as an internal service fund.
2. The operating budget of each of the following entities must include an amount representing that entitys share of the operating costs of the central accounting function of the department:
(a) State public works board;
(b) Budget division;
(c) Buildings and grounds division;
(d) Purchasing division;
(e) State printing [and micrographics] division;
(f) Hearings division;
(g) Risk management division;
(h) Office of financial management, training and controls; and
(i) If separately established, the motor pool division.
3. All money received for the central accounting services of the department must be deposited in the state treasury for credit to the operating fund.
4. All expenses of the central accounting function of the department must be paid from the fund as other claims against the state are paid.
Sec. 28. NRS 233B.065 is hereby amended to read as follows:
233B.065 1. The legislative counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the code, he may prescribe the same matters in original agency regulations.
2. The legislative counsel shall prepare or cause the superintendent of the state printing [and micrographics] division of the department of administration to prepare such sets of the Nevada Administrative Code and of supplementary pages as are required from time to time. A set must be provided to and kept respectively:
(a) By the secretary of state as the master copy;
(b) By the state librarian for public use;
(c) By the attorney general for his use and that of the executive department; and
(d) By the legislative counsel for his use and that of the legislature.
The legislative commission may direct the preparation of additional sets or pages, or both, and specify the places where those sets or parts of sets are to be kept and the uses to be made of them.
3. The legislative counsel shall, without charge, provide:
(a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the legislature; and
(b) To each legislator who has so acquired the code, the replacement or supplementary pages which are issued during his term of office.
4. Each agency shall reimburse the legislative counsel bureau and the state printing [and micrographics] division of the department of administration for their respective costs in preparing and keeping current that agencys portion of the Nevada Administrative Code in the number of copies required for official and public use. If additional sets or pages are sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.
κ1997 Statutes of Nevada, Page 19 (CHAPTER 9, SB 48)κ
sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.
Sec. 29. NRS 239.070 is hereby amended to read as follows:
239.070 1. In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use microfilm for such recording.
2. The division, in cooperation with the state printing [and micrographics] division of the department of administration, shall provide microfilming service to any local government. The charge for the service must not exceed the actual cost.
3. If microfilming is used:
(a) The microphotographs or micronegative films must be properly indexed and placed in conveniently accessible files.
(b) Each film must be designated and numbered.
(c) Provision must be made for preserving, examining and using the films.
4. A duplicate of each such film must be made and kept safely in a separate place.
5. Duplicates of each such film must be made available by the county recorder for sale at a price not exceeding cost upon the request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of each such film available for sale to the public at a price not exceeding cost.
6. The division shall provide services for recording other than microfilming to any local government if the division has the equipment necessary to provide the services. The services provided are subject to the requirements of this section relating to microfilming.
Sec. 30. NRS 333.200 is hereby amended to read as follows:
333.200 1. The chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally or by the using agencies.
2. The chief shall:
(a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.
(b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices and experience with the vendors supplying the different classes of supplies.
(c) Price supplies and materials when purchased and when charged out of stock as used.
(d) Transfer surplus supplies and materials to points where they can be used advantageously.
(e) Direct and make test checks of physical inventories.
(f) Supervise the taking of annual inventories.
(g) Instruct storekeepers in the prescribed procedures for controlling stored materials.
κ1997 Statutes of Nevada, Page 20 (CHAPTER 9, SB 48)κ
3. The stores records must be so maintained as to show:
(a) The quantity of each commodity on hand.
(b) The average unit cost, including transportation charges.
(c) The total cost of the supply on hand.
(d) The minimum quantity that should be kept in stock.
(e) The maximum quantity that should be kept in stock at any one time.
4. After all records of previous quantities used by using agencies are compiled, a model stock system must be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used and the value of the stock on hand, must be maintained. However, such inventories of the department of transportation, the state printing [and micrographics] division of the department of administration and the University and Community College System of Nevada must be maintained by those agencies respectively in accordance with the uniform regulations as provided in this chapter and as may be hereafter adopted by the chief.
Sec. 31. NRS 360.110 is hereby amended to read as follows:
360.110 All forms, blanks, envelopes, letterheads, circulars and reports required by the department must be printed by the state printing [and micrographics] division of the department of administration under the general provisions of chapter 344 of NRS.
Sec. 32. NRS 378.180 is hereby amended to read as follows:
378.180 1. Every state agency shall, upon release, deposit 12 copies of each of its state publications which was not printed by the state printing [and micrographics] division of the department of administration with the state publications distribution center to meet the needs of the depository library system and to provide interlibrary loan service to those libraries without depository status.
2. For each item printed by the state printing [and micrographics] division of the department of administration, 12 additional copies must be printed by the division, these to be collected by the state publications distribution center and distributed to public libraries and libraries of the University and Community College System of Nevada within the state.
3. Every city, county and regional agency and every school district and special district shall, upon release, deposit with the state publications distribution center at least six copies of each of its publications and a list of its publications for a calendar year.
Sec. 33. NRS 396.620 is hereby amended to read as follows:
396.620 1. Subject to the limitations specified in NRS 396.620 to 396.660, inclusive, the chancellor shall cause to be analyzed by an appropriate employee of the system any ores, minerals, soil or water taken from within the boundaries of the State of Nevada and sent by any resident of the state for that purpose. Persons sending samples from post offices in states bordering Nevada may be required to furnish evidence that their samples are taken in Nevada and that they are Nevada residents. Any resident of the state may send any such substance for analysis. The report of the results of the analysis must be mailed to him within 10 working days after it has been received if he has supplied the information for the maintenance of records as provided in this section. The report sent to him must also contain as nearly as possible an explanation of the uses and market value of the substance.
κ1997 Statutes of Nevada, Page 21 (CHAPTER 9, SB 48)κ
must also contain as nearly as possible an explanation of the uses and market value of the substance.
2. For each sample sent for analysis, the system shall charge a fee of $5 which must be used to defray the expense of conducting the analysis and storing the sample.
3. The system shall keep a record, open for inspection, under such rules as may be made by the board of regents, of all minerals, ores or other matters so sent, with a history of the minerals or other matters, stating the name and residence of the person from whom received, as nearly as possible the location from which the material was taken, including the district and county, and any other relevant information. This information for the records may be required to be filed with the system before any work is done on the material sent, and the 10-day limit for reports will count from the time the information is received by the system. Forms for providing the information must be printed by the state printing [and micrographics] division of the department of administration and distributed at no charge.
4. A portion of the sample analyzed must be kept by the system for 3 months after the report is sent out, in case any question should arise in relation to the report or additional information be desired. After that time expires, samples may be destroyed or used for any desirable purpose.
Sec. 34. NRS 408.230 is hereby amended to read as follows:
408.230 The superintendent of the state printing [and micrographics] division of the department of administration shall prepare and furnish such stationery and printing, including all such reports, statistics, forms, instruments and accounts as may be necessary for the use of the department and its offices upon the requisition of the director. Charges and payments for these items must be made as provided in NRS 344.110.
Sec. 35. NRS 533.140 is hereby amended to read as follows:
533.140 1. As soon as practicable after the expiration of the period fixed in which proofs may be filed, the state engineer shall assemble all proofs which have been filed with him, and prepare and certify an abstract of all such proofs, which must be printed in the state printing [and micrographics] division of the department of administration. The state engineer shall also prepare from the proofs and evidence taken or given before him, or obtained by him, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.
2. When the abstract of proofs and the preliminary order of determination is completed, the state engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with him and the proofs of claims must be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the state engineer as to the matters contained therein.
3. A copy of the notice, together with a printed copy of the preliminary order of determination and a printed copy of the abstract of proofs, must be delivered by the state engineer, or sent by registered or certified mail, at least 30 days before the first day of such period of inspection, to each person who has appeared and filed proof, as provided in this section.
κ1997 Statutes of Nevada, Page 22 (CHAPTER 9, SB 48)κ
4. The state engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proof as have been filed with or taken by him in accordance with this chapter.
Sec. 36. NRS 533.160 is hereby amended to read as follows:
533.160 1. As soon as practicable after the hearing of objections to the preliminary order of determination, the state engineer shall make and cause to be entered of record in his office an order of determination, defining the several rights to the waters of the stream or stream system. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165, shall have the legal effect of a complaint in a civil action.
2. The order of determination must be certified by the state engineer and as many copies as required printed in the state printing [and micrographics] division of the department of administration. A copy of the order of determination must be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.
Sec. 37. NRS 553.090 is hereby amended to read as follows:
553.090 The agricultural extension department of the public service division of the University and Community College System of Nevada annually shall prepare the information resulting from the demonstration in a form serviceable to aid and advance agricultural welfare of the state. A number of copies thereof as may be deemed necessary, not exceeding 10,000, must be printed by the state printing [and micrographics] division of the department of administration for free distribution.
Sec. 38. NRS 584.235 is hereby amended to read as follows:
584.235 The commissioner of food and drugs shall make uniform regulations for the proper enforcement of NRS 584.215 to 584.285, inclusive. The regulations must be printed in the state printing [and micrographics] division of the department of administration and distributed by the commissioner of food and drugs upon application therefor to licensed or other dairymen, creameries and other persons interested in them.
Sec. 39. NRS 597.850 is hereby amended to read as follows:
597.850 1. As used in this section and in NRS 597.860 and 597.870:
(a) Merchandise means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
(b) Merchant means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchants premises.
(c) Premises means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.
2. Any merchant may request any person on his premises to place or keep in full view any merchandise the person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant is criminally or civilly liable on account of having made such a request.
κ1997 Statutes of Nevada, Page 23 (CHAPTER 9, SB 48)κ
3. Any merchant who has reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. Such taking into custody and detention by a merchant does not render the merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.
4. No merchant is entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:
Any merchant or his agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 597.850, 597.860 and 597.870.
The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing [and micrographics] division of the department of administration. The superintendent may charge a fee based on the cost for each copy of the notice supplied to any person.
Sec. 40. NRS 607.090 is hereby amended to read as follows:
607.090 All forms, blanks, envelopes, letterheads, circulars, bulletins and reports required to be printed by the labor commissioner must be printed by the state printing [and micrographics] division of the department of administration as required by the provisions of chapter 344 of NRS.
Sec. 41. NRS 607.100 is hereby amended to read as follows:
607.100 With the approval of the state board of examiners, the labor commissioner is authorized to compile and issue such bulletins pertaining to labor and industries of the state as he may deem necessary. When approved for printing and distribution, the bulletins must be printed by the state printing [and micrographics] division of the department of administration.
Sec. 42. NRS 616A.415 is hereby amended to read as follows:
616A.415 Except in cases of emergency, all necessary printing, including forms, blanks, envelopes, letterheads, circulars, pamphlets, bulletins and reports required to be printed by the administrator must be done by the state printing [and micrographics] division of the department of administration.
Sec. 43. NRS 703.200 is hereby amended to read as follows:
703.200 Except in cases of emergency, all the necessary printing of the commission must be done by the state printing [and micrographics] division of the department of administration. The superintendent of that division shall have such printing done as expeditiously as possible.
Sec. 44. This act becomes effective upon passage and approval.
κ1997 Statutes of Nevada, Page 24 (CHAPTER 9, SB 48)κ
Sec. 45. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to state printing and micrographics division to state printing division.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to state printing and micrographics division to state printing division.
________
Assembly Bill No. 224Committee on Ways and Means
CHAPTER 10
AN ACT relating to state financial administration; providing for the proportional matching funding for disaster assistance grants made by the Federal Emergency Management Agency; making an appropriation; and providing other matters properly relating thereto.
[Approved March 28, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. As used in this section and sections 2 and 3 of this act, unless the context otherwise requires:
1. Director means the director of the department of administration.
2. Disaster means the event declared by President Clinton on January 3, 1997, to be a major disaster in the State of Nevada because of the damage resulting from severe storms, flooding, mud slides and landslides beginning on December 20, 1996, and ending on January 17, 1997.
3. Eligible project means a project of a public or nonprofit private entity which has been designated and approved as qualifying and eligible to receive federal grant money from the Federal Emergency Management Agency and which is related to the disaster.
4. Grant match means the 25 percent share of a grant provided by the Federal Emergency Management Agency which must be matched by a state or local government.
Sec. 2. The legislature hereby finds and declares that:
1. The State of Nevada shall be responsible for providing the entire grant match for any Federal Emergency Management Agency grant received by a state agency or nonprofit entity for an eligible project for:
(a) Emergency measures undertaken to save lives, protect public health and safety or protect property in a jurisdiction which was proclaimed by the Governor to be in a state of emergency during the disaster.
(b) Debris removal from publicly or privately owned land and waterways, if undertaken in response to the state of emergency declared by the Governor during the disaster. To qualify pursuant to this paragraph, a project, including debris removal from private property, must have been rendered in response to an immediate threat to public health and safety.
κ1997 Statutes of Nevada, Page 25 (CHAPTER 10, AB 224)κ
(c) The repair or replacement of roads, streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks which are owned by the state.
(d) The administration of the disaster assistance program, including not more than 9 full-time equivalent positions. Six of the full-time equivalent positions must be temporary with a duration of not longer than 12 months from the date of employment. Three of the full-time equivalent positions must be temporary with a duration of not later than June 30, 1999.
2. The State of Nevada shall be responsible for providing one-half of the grant match for any Federal Emergency Management Agency grant received by a local government for an eligible project for the repair of damage within the jurisdiction of the local government, and the local government shall be responsible for the remaining one-half of the grant match.
Sec. 3. To carry out the provisions of section 2 of this act, the director shall make such grants of the money appropriated by section 4 of this act as he deems appropriate to:
1. State agencies and nonprofit entities for the entire grant match for projects which meet the requirements of subsection 1 of section 2 of this act; and
2. Local governments for the states one-half of the grant match for projects which meet the requirements of subsection 2 of section 2 of this act.
Sec. 4. 1. There is hereby appropriated from the state general fund to the department of administration the sum of $3,500,000.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 63Committee on Government Affairs
CHAPTER 11
AN ACT relating to deferred compensation for state employees; providing compensation for the retired member of the committee for deferred compensation for state employees; and providing other matters properly relating thereto.
[Approved March 31, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.325 is hereby amended to read as follows:
287.325 1. The governor shall appoint a committee to administer the program. The committee must consist of:
(a) Three members who are employed by state agencies whose payrolls are administered by the department of personnel;
κ1997 Statutes of Nevada, Page 26 (CHAPTER 11, AB 63)κ
(b) One member who is employed by a state agency whose payroll is administered by an entity other than the department of personnel; and
(c) One member who has retired from employment by the [state] State of Nevada or the University and Community College System of Nevada.
Each member of the committee must be a participant in the program, have participated in the program for not less than 2 years and have been nominated for membership by five or more persons who have each participated in the program for not less than 6 months.
2. After their initial terms, members of the committee serve terms of 4 years or until their successors have been appointed and have qualified.
3. A vacancy on the committee occurs when a member dies, resigns or becomes ineligible for membership on the committee. A person becomes ineligible for membership on the committee when:
(a) He ceases to be a participant in the program; or
(b) Except as otherwise provided in this paragraph, he ceases to have the qualifications for membership required by the paragraph of subsection 1 under which he was appointed. A member of the committee who ceases to have those qualifications may serve the remainder of his term if that period does not exceed 24 months.
4. The member appointed pursuant to paragraph (c) of subsection 1 must be compensated $80 per day from money appropriated from the program pursuant to NRS 287.365 for attending a meeting of the committee and for acting at the direction of or on behalf of the committee.
5. For the purposes of this section, participant in the program means a person who is:
(a) Deferring compensation pursuant to the program;
(b) Maintaining deferred compensation in the program; or
(c) Receiving payments of deferred compensation pursuant to the program.
Sec. 2. NRS 287.365 is hereby amended to read as follows:
287.365 No money may be withdrawn or appropriated from the program, except:
1. For payment to a participant or beneficiary of a participant pursuant to the terms of the program;
2. In the amount required to pay the necessary expenses of administering the program; [or]
3. As specifically authorized by federal law or regulation or by a special act of the legislature [.] ; or
4. To compensate the member of the committee appointed pursuant to paragraph (c) of subsection 1 of NRS 287.325.
________
κ1997 Statutes of Nevada, Page 27κ
Senate Bill No. 14Committee on Judiciary
CHAPTER 12
AN ACT relating to the state board of parole commissioners; eliminating the limitation on the number of terms a member of the board may serve; and providing other matters properly relating thereto.
[Approved March 31, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.1087 is hereby amended to read as follows:
213.1087 1. [After the initial terms, the] The term of office of each member of the board is 4 years.
2. Appointments to the board must be made by the governor within 60 days from the time any vacancy occurs.
3. [The governor shall not appoint a person to serve as a member of the board for more than two terms. A member of the board shall be deemed to have served a full term if he serves as a member for more than 2 years during any given term.
4.] Members of the board are in the unclassified service of the state. They shall devote their entire time and attention to the business of the board and shall not pursue any other business or occupation or hold any other office of profit which detracts from the full and timely performance of their duties.
[5.] 4. Any member of the board may administer an oath or affirmation to any person offering to testify upon the hearing of an application for parole or in a parole revocation hearing, and any district judge, county clerk or notary public may take and certify an affidavit or deposition to be used upon such an application, either for or against it, or in a parole revocation hearing.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 28κ
Senate Bill No. 62Committee on Transportation
CHAPTER 13
AN ACT relating to motor vehicles; authorizing personnel of the capitol police division of the department of motor vehicles and public safety to remove abandoned vehicles from public property in their jurisdiction; and providing other matters properly relating thereto.
[Approved April 1, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 487.230 is hereby amended to read as follows:
487.230 1. Any sheriff, constable, member of the Nevada highway patrol, officer of the legislative police, investigator of the bureau of enforcement of the registration division of the department, personnel of the capitol police division of the department, designated employees of the manufactured housing division of the department of business and industry, special investigator employed by the office of [any] a district attorney, marshal or policeman of [any] a city or town, or [any] a marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125 who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property. At the request of the owner or person in possession or control of [any] private property who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.
2. [Any] A person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:
(a) Have the vehicle taken to the nearest garage or other place designated for storage by:
(1) The state agency or political subdivision making the request, if the vehicle is removed from public property.
(2) The owner or person in possession or control of the property, if the vehicle is removed from private property.
(b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and [any] other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.
Sec. 2. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 29κ
Assembly Bill No. 301Assemblyman Carpenter
CHAPTER 14
AN ACT relating to taxation; authorizing the imposition, upon approval of the voters, of a sales and use tax for constructing and equipping a hospital in Elko County; and providing other matters properly relating thereto.
[Approved April 3, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Legislature hereby finds and declares that this special act is necessary because:
1. The quality of health care in this state often depends upon the availability of modern hospital facilities in the areas where residents live and work;
2. Modern hospital facilities are essential to maintaining and enhancing the quality of life in Nevada;
3. Elko County is in need of modern hospital facilities;
4. The financing of modern hospital facilities in Elko County presents atypical problems because of the geographical isolation of the residents of the county and the unique economy of the region; and
5. A general law cannot be made applicable because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in those local governments and the special conditions experienced in Elko County related to the need to provide a hospital for the residents of the county.
Sec. 2. As used in this act, unless the context otherwise requires:
1. Board means the Board of County Commissioners of Elko County.
2. Construction includes the acquisition of land, construction of buildings and all appurtenances related thereto, equipping of a facility and landscaping of the site.
3. Department means the Department of Taxation.
Sec. 3. 1. The board may enact an ordinance imposing a tax for the construction of a hospital pursuant to section 4 of this act.
2. A tax so imposed may be collected for not more than 4 years after the date upon which it is first imposed. The ending date of the tax must be specified in the ordinance.
3. An ordinance enacted pursuant to this act may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of Elko County voting upon the question. The board may submit the question to the voters at a special election held at the same time and places as a municipal election or at a general election. The board shall also submit to the voters at such a special or general election any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax.
4. Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.
κ1997 Statutes of Nevada, Page 30 (CHAPTER 14, AB 301)κ
the second calendar month following the approval of the question by the voters.
Sec. 4. Except as otherwise provided in section 12 of this act, any ordinance adopted pursuant to this act, except an ordinance authorizing the issuance of bonds or other securities, must include provisions in substance as follows:
1. A provision imposing a tax upon retailers at the rate of not more than 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in Elko County.
2. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
3. A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this act, automatically become a part of an ordinance imposing the taxes.
4. A provision that the board shall contract before the effective date of the taxing ordinance with the department to perform all functions incident to the administration or operation of the tax in the county.
5. A provision that exempts from the tax or any increase in the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.
Sec. 5. Any ordinance amending the taxing ordinance must include a provision in substance that the county shall amend the contract made pursuant to subsection 4 of section 4 of this act by a contract made between the county and the state, acting by and through the department, before the effective date of the amendatory taxing ordinance, unless the county determines with the written concurrence of the department that no such amendment of the contract is necessary or desirable.
Sec. 6. 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to Elko County pursuant to the taxing ordinance and this act must be paid to the department in the form of remittances payable to the department.
2. The department shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.
3. The State Controller, acting upon the collection data furnished by the department, shall monthly:
(a) Transfer from the sales and use tax account to the appropriate account in the state general fund a percentage of all fees, taxes, interest and penalties collected pursuant to this act during the preceding month as compensation to the state for the cost of collecting the tax. The percentage to be transferred pursuant to this paragraph must be the same percentage as the percentage of proceeds transferred pursuant to paragraph (a) of subsection 3 of NRS 374.785, but the percentage must be applied to the proceeds collected pursuant to this act only.
κ1997 Statutes of Nevada, Page 31 (CHAPTER 14, AB 301)κ
subsection 3 of NRS 374.785, but the percentage must be applied to the proceeds collected pursuant to this act only.
(b) Determine the amount equal to all fees, taxes, interest and penalties collected in or for Elko County pursuant to this act during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).
(c) Transfer the amount determined pursuant to paragraph (b) to the intergovernmental fund and remit the money to the County Treasurer of Elko County.
Sec. 7. The department may redistribute any fee, tax, penalty and interest to the county entitled thereto, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the department obtains knowledge of the improper distribution.
Sec. 8. 1. The County Treasurer shall deposit the money received from the State Controller pursuant to section 6 of this act in the County Treasury for credit to a fund to be known as the Fund for the Hospital Tax.
2. The Fund for the Hospital Tax must be accounted for as a separate fund and not as a part of any other fund and all interest and other income earned on the money in the fund must be deposited in the fund.
Sec. 9. 1. The board may appropriate money in the Fund for the Hospital Tax for the construction of a county hospital.
2. The board may draw money out of the Fund for the Hospital Tax only for:
(a) Acquiring the land on which to construct a hospital, constructing the hospital and all appurtenances related thereto, equipping the hospital and landscaping the site of the hospital;
(b) Paying the principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a); or
(c) Any combination of those purposes.
Sec. 10. 1. Money for the construction of a hospital located within Elko County may be obtained:
(a) By the issuance of bonds and other securities as provided in subsection 2, subject to any pledges, liens and other contractual limitations made pursuant to this act;
(b) By direct distribution from the Fund for the Hospital Tax; or
(c) By both the issuance of such securities and by direct distribution as the board may determine appropriate.
2. The board may, after the enactment of the ordinance imposing the tax, from time to time issue bonds and other securities, which are general or special obligations of Elko County and that may be secured as to principal and interest by a pledge authorized by this act of the proceeds from the tax.
3. An ordinance authorizing the issuance of such a bond or other security must describe the purpose for which the bond or other security is issued.
Sec. 11. (Deleted by amendment.)
Sec. 12. The board shall not repeal or amend or otherwise directly or indirectly modify the ordinance imposing the tax authorized by this act in such a manner as to impair an outstanding bond issued pursuant to this act, or other obligations incurred pursuant to this act, until all obligations for which revenue from an ordinance have been pledged or otherwise made payable from such revenue pursuant to this act have been discharged in full or provision for full payment and redemption has been made.
κ1997 Statutes of Nevada, Page 32 (CHAPTER 14, AB 301)κ
such a manner as to impair an outstanding bond issued pursuant to this act, or other obligations incurred pursuant to this act, until all obligations for which revenue from an ordinance have been pledged or otherwise made payable from such revenue pursuant to this act have been discharged in full or provision for full payment and redemption has been made.
Sec. 13. 1. Subject to the provisions of subsection 2, the board may gradually reduce the amount of the tax imposed pursuant to this act.
2. No such taxing ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds issued pursuant to this act, or other obligations incurred pursuant to this act, until all obligations, for which revenues from the ordinance have been pledged or otherwise made payable from such revenues pursuant to this act, have been discharged in full.
Sec. 14. In a proceeding arising from an ordinance imposing a tax pursuant to this act, the Department of Taxation may act for and on behalf of Elko County.
Sec. 15. 1. The powers conferred by this act are in addition and supplemental to and not in substitution for the powers conferred by any other law, and the limitations imposed by this act do not affect the powers conferred by any other law.
2. This act must not be construed to prevent the exercise of any power granted by any other law to Elko County or any officer, agent or employee of the county.
3. This act must not be construed to repeal or otherwise affect any other law or part thereof.
4. This act is intended to provide a separate method of accomplishing the objectives of the act, but not an exclusive method.
Sec. 16. If any provision of this act, or the application thereof, to any person, thing or circumstance is held invalid, such invalidity must not affect the provisions of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are hereby declared to be severable.
Sec. 17. The board may submit the question concerning the imposition of the tax authorized by this act for approval of the voters of Elko County at a special election held at the same time and places as a municipal election held in the county. If the question is so submitted, the board shall appropriate an amount sufficient to defray the cost of holding the election in precincts outside any incorporated city and any additional cost incurred in submitting the question in precincts inside any incorporated city.
Sec. 18. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 33κ
Assembly Bill No. 22Assemblyman Sandoval
CHAPTER 15
AN ACT relating to community service; increasing the maximum number of hours of community service that a person may be required to perform under various circumstances; and providing other matters properly relating thereto.
[Approved April 7, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.087 is hereby amended to read as follows:
176.087 1. Except where the imposition of a specific criminal penalty is mandatory, a court may order a convicted person to perform supervised work for the benefit of the community:
(a) In lieu of all or a part of any fine or imprisonment [which] that may be imposed for the commission of a misdemeanor; or
(b) As a condition of [any] probation granted for another offense.
2. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
3. The court may require the convicted person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. The following conditions apply to any such work imposed by the court:
(a) The court must fix the period of work that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue at his employment and to care for his family. The period of work fixed by the court must not exceed, for a:
(1) Misdemeanor, [120] 200 hours;
(2) Gross misdemeanor, [240] 600 hours; or
(3) Felony, 1,000 hours.
(b) A supervising authority listed in subsection 2 must agree to accept the convicted person for work before the court may require him to perform work for that supervising authority. The supervising authority must be located in or be the town or city of the convicted persons residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.
(c) Work that a court requires pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.
κ1997 Statutes of Nevada, Page 34 (CHAPTER 15, AB 22)κ
(d) The court may require the supervising authority to report periodically to [it] the court or to a probation officer the convicted persons performance in carrying out the punishment or condition of probation.
Sec. 2. NRS 4.373 is hereby amended to read as follows:
4.373 1. Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The justice of the peace may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than [96] 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace.
2. The justice of the peace may order reports, from such persons and at such times as he deems appropriate, concerning the offenders compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 3. NRS 5.055 is hereby amended to read as follows:
5.055 1. Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The municipal judge may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than [96] 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge.
2. The municipal judge may order reports, from such persons and at such times as he deems appropriate, concerning the offenders compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
κ1997 Statutes of Nevada, Page 35 (CHAPTER 15, AB 22)κ
Sec. 4. NRS 33.100 is hereby amended to read as follows:
33.100 1. [Any] A person who violates a temporary or extended order is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act [which] that constitutes the violation of the order. If the violation is accompanied by a violent physical act by the adverse party against a person protected by the order, the court shall:
(a) Impose upon the adverse party a fine of $1,000 or require him to perform a minimum of [100] 200 hours of work for the community;
(b) Sentence him to imprisonment for not fewer than 5 days nor more than 6 months;
(c) Order him to reimburse the applicant, in an amount determined by the court, for all costs and attorneys fees incurred by the applicant in seeking to enforce the temporary or extended order, and for all medical expenses of the applicant and [any] a minor child incurred as a result of the violent physical act; and
(d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
2. The adverse party shall comply with the order for reimbursement of the applicant before paying a fine imposed pursuant to this section.
Sec. 5. NRS 62.228 is hereby amended to read as follows:
62.228 1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:
(a) For the first offense:
(1) Require him to perform [100] 200 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his drivers license for not more than 1 year or, if he does not possess a drivers license, prohibit the child from applying for a drivers license for not more than 1 year:
(I) Immediately following the date of the order, if the child is eligible to apply for a drivers license.
(II) After the date he becomes eligible to apply for a drivers license, if the child is not eligible to apply for a license on the date of the order.
(b) For the second offense:
(1) Require him to perform at least [100] 200 hours, but not more than [250] 600 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his drivers license for not more than 2 years or, if he does not possess a drivers license, prohibit the child from applying for a drivers license for not more than 2 years:
(I) Immediately following the date of the order, if the child is eligible to apply for a drivers license.
(II) After the date he becomes eligible to apply for a drivers license, if the child is not eligible to apply for a license on the date of the order.
κ1997 Statutes of Nevada, Page 36 (CHAPTER 15, AB 22)κ
2. If the court issues an order suspending the drivers license of a child pursuant to this section, the judge shall require the child to surrender to the court all drivers licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.
3. If, pursuant to this section, the court issues an order delaying the ability of a child to apply for a drivers license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.
4. If a child is already the subject of a court order suspending or delaying the issuance of his drivers license, the court shall order an additional suspension or delay, as appropriate, to apply consecutively with the previous order.
5. The department of motor vehicles and public safety:
(a) Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the childs driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
(b) Shall not require the child to submit to the tests and other requirements [which] that are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section, unless the suspension also resulted from his poor performance as a driver.
Sec. 6. NRS 125.560 is hereby amended to read as follows:
125.560 1. [Any] A person who violates a restraining order or injunction:
(a) That is in the nature of a temporary or extended order for protection against domestic violence; and
(b) That is issued in [any] an action or proceeding brought pursuant to this Title,
is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act [which] that constitutes the violation of the order or injunction. For the purposes of this subsection, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief [which] that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
2. If the violation is accompanied by a violent physical act against a person protected by the order or injunction, the court shall:
(a) Impose upon the person committing the act a fine of $1,000 or require him to perform a minimum of [100] 200 hours of work for the community;
(b) Sentence him to imprisonment for not fewer than 5 days nor more than 6 months;
(c) Order him to reimburse the person obtaining the order or injunction, in an amount determined by the court, for all costs and attorneys fees incurred by that person in seeking to enforce the order or injunction, and for all medical expenses of the person and any minor child incurred as a result of the violent physical act; and
κ1997 Statutes of Nevada, Page 37 (CHAPTER 15, AB 22)κ
(d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
3. The person committing the violation shall comply with the order for reimbursement of the person obtaining the order or injunction before paying any fine imposed pursuant to this section.
Sec. 7. NRS 206.330 is hereby amended to read as follows:
206.330 1. Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.
2. A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:
(a) For the first offense, perform not less than [25] 50 hours, but not more than [49] 99 hours, of community service.
(b) For the second offense, perform not less than [50] 100 hours, but not more than [99] 199 hours, of community service.
(c) For the third and each subsequent offense, perform not less than [100] 200 hours of community service.
The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.
3. The parent or legal guardian of a person under the age of 17 years who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.
4. If a person who is 18 years of age or older is found guilty of violating this section, the court may issue an order suspending the drivers license of the person for a period not to exceed 6 months in addition to any other penalty imposed. If such an order is issued, the court shall require the person to surrender all drivers licenses then held by the person. If the person does not possess a drivers license, the court may issue an order prohibiting the person from applying for a drivers license within the 6 months immediately following the date of the order. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety any licenses together with a copy of the order.
5. The department of motor vehicles and public safety:
(a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.
(b) Shall report the suspension of a drivers license pursuant to this section to an insurance company or its agent inquiring about the persons driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.
6. [Any] A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute for the same conduct.
κ1997 Statutes of Nevada, Page 38 (CHAPTER 15, AB 22)κ
Sec. 8. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. A person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.3794, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform [48] 96 hours of work for the community while dressed in distinctive garb [which] that identifies him as having violated the provisions of NRS 484.379; and
(3) Fine him not less than $200 nor more than $1,000.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:
(1) Shall sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months,
in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.078, inclusive;
(2) Shall fine him not less than $500 nor more than $1,000;
(3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and
(4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and must be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. [Any offense which] An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
κ1997 Statutes of Nevada, Page 39 (CHAPTER 15, AB 22)κ
jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. [Any] A term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a drivers license issued by a state other than Nevada and does not reside in Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
8. As used in this section, unless the context otherwise requires, offense means a violation of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction [which] that prohibits the same or similar conduct.
κ1997 Statutes of Nevada, Page 40 (CHAPTER 15, AB 22)κ
Sec. 9. NRS 484.3794 is hereby amended to read as follows:
484.3794 1. A person who is found guilty of a first or second violation of NRS 484.379 within 7 years may, at that time or any time until he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 1 year if:
(a) He is classified as an alcoholic or abuser of drugs by a:
(1) Counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician certified to make that classification by the board of medical examiners;
(b) He agrees to pay the costs of the treatment; and
(c) He has served or will serve a term of imprisonment in jail of:
(1) One day, or has performed or will perform [24] 48 hours of work for the community, if it is his first offense within 7 years; or
(2) Five days , and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community, if it is his second offense within 7 years.
2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application if the prosecuting attorney requests it or may order a hearing on its own motion.
3. At the hearing on the application for treatment , the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before it.
4. In granting an application for treatment , the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction remains on his record of criminal history.
5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
κ1997 Statutes of Nevada, Page 41 (CHAPTER 15, AB 22)κ
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment not provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of [any] a condition of the suspension.
6. The court shall notify the department, on a form approved by the department, upon granting the offenders application for treatment and his failure to be accepted for or complete treatment.
Sec. 10. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 11. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
________
Assembly Bill No. 237Committee on Government Affairs
CHAPTER 16
AN ACT relating to Carson City; amending the charter of Carson City to authorize the imposition of a local sales and use tax for open spaces, parks, trails and recreational facilities; and providing other matters properly relating thereto.
[Approved April 9, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds and declares that this special act is necessary because:
1. The quality of life in Nevada depends on a variety of factors including the availability of open spaces, parks, trails and recreational facilities;
2. A majority of the voters in Carson City approved in the 1996 general election an increase in the sales tax of one-quarter of 1 percent for open spaces, parks, trails and recreational facilities thereby demonstrating the commitment of the people of Carson City to maintaining and enhancing the quality of life in Nevada;
3. Carson City is unique in its organization as a consolidated municipality and as the seat of government of this state;
4. Preserving the quality of life in Carson City presents atypical problems because the total area within its boundaries is less than 150 square miles; and
5. A general law cannot be made applicable because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in those local governments and the special conditions experienced in Carson City related to the need to provide open spaces, parks, trails and recreational facilities.
κ1997 Statutes of Nevada, Page 42 (CHAPTER 16, AB 237)κ
Sec. 2. The charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended, is hereby further amended by adding Article 8A to read as follows:
ARTICLE 8A
Local Sales and Use Tax for
Open Spaces, Parks, Trails and Recreational Facilities
Sec. 8A.010 Definitions. Except as otherwise provided in this article or where the context otherwise requires, terms used or referred to in this article have the meanings ascribed to them in chapter 372 of NRS, as from time to time amended; but the definitions in sections 8A.020 to 8A.060, inclusive, except where the context otherwise requires, govern the construction of this article.
Sec. 8A.020 Department defined. Department means the department of taxation.
Sec. 8A.030 Open space defined. Open space means real property that is undeveloped or partially developed natural landscape, including, but not limited to, ridges, stream corridors, natural shoreline, scenic areas, watershed areas, viewsheds, agricultural or other land devoted exclusively to open-space use, conservation easements and easements devoted or connecting to open-space use.
Sec. 8A.040 Park defined. Park means real property designed to serve the recreational and outdoor needs of natural persons.
Sec. 8A.050 Recreational facility defined. Recreational facility means personal property and improvements to real property for athletic and leisure activities and all appurtenant or customary facilities and uses associated therewith.
Sec. 8A.060 Trail defined. Trail means a path for recreational or leisure activities through or connecting open space, parks or recreational facilities for use by nonmotorized traffic. The term includes a path or additional lane for bicycles.
Sec. 8A.070 Imposition of tax; use of proceeds.
1. The board may enact an ordinance imposing a local sales and use tax for the acquisition, development, construction, equipping, operation, maintenance, improvement and management of open spaces, parks, trails and recreational facilities located within Carson City.
2. The proceeds from the tax imposed pursuant to this article and the interest and other income earned on the proceeds of the tax must be used as follows:
(a) Forty percent of the proceeds of the tax, including interest and other income, may be used for the acquisition, development, construction, equipping, improvement, maintenance and management of real property for open spaces.
(b) Except as otherwise provided in paragraph (e), 40 percent of the proceeds of the tax, including interest and other income, may be used for the acquisition, development, construction, equipping and improvement of parks, trails and recreational facilities.
κ1997 Statutes of Nevada, Page 43 (CHAPTER 16, AB 237)κ
for the acquisition, development, construction, equipping and improvement of parks, trails and recreational facilities.
(c) Twenty percent of the proceeds of the tax, including interest and other income, may be used for the operation, maintenance and management of parks, trails and recreational facilities.
(d) Except as otherwise provided in paragraph (e), the board may authorize expenditures in an amount that varies from the percentage stated in paragraphs (a), (b) and (c) by not more than 2 percent for each use.
(e) If operation, maintenance and management expenses for parks, trails and recreational facilities do not equal or exceed 20 percent of the proceeds of the tax, including interest and other income, the balance of the proceeds of the tax, including interest and other income, authorized in paragraph (c) may be used for the acquisition, development, construction, equipping and improvement of parks, trails and recreational facilities in addition to the amount authorized in paragraph (b).
(f) At the end of a fiscal year, the proceeds of the tax, including interest and other income, not expended or otherwise obligated for the purposes set forth in this section must be carried forward and become part of the total proceeds of the tax, including interest and other income, available in the next fiscal year.
3. The board shall submit to the voters any proposal to change the previously approved uses for the proceeds of the tax, including interest and other income.
Sec. 8A.080 Required provisions of ordinance. An ordinance enacted pursuant to this article, except an ordinance authorizing the issuance of bonds or other securities, must include provisions in substance as follows:
1. A provision imposing a tax of not more than one-quarter of 1 percent of the gross receipts of any retailer from the sale of all personal property sold at retail, or stored, used or otherwise consumed in Carson City.
2. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
3. A provision that an amendment to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this article, automatically becomes a part of the ordinance imposing the tax.
4. A provision that the board shall contract before the effective date of the ordinance with the department to perform all the functions incident to the administration or operation of the tax in Carson City.
5. A provision that exempts from the tax the gross receipts from the sale of tangible personal property used for the performance of a written contract for the construction of an improvement to real property:
(a) That was entered into on or before the effective date of the tax; or
(b) For which a binding bid was submitted before that date if the bid was afterward accepted, and pursuant to the terms of the contract or bid, the contract price or bid amount may not be adjusted to reflect the imposition of the tax.
κ1997 Statutes of Nevada, Page 44 (CHAPTER 16, AB 237)κ
and pursuant to the terms of the contract or bid, the contract price or bid amount may not be adjusted to reflect the imposition of the tax.
Sec. 8A.090 Amendatory ordinances. An ordinance amending an ordinance enacted pursuant to this article, except an ordinance authorizing the issuance of bonds or other securities, must include a provision in substance that Carson City shall amend a contract made pursuant to subsection 4 of section 8A.080 by a contract made between the board and the department before the effective date of the amendatory ordinance, unless the board determines with the written concurrence of the department that no such amendment of the contract is needed.
Sec. 8A.100 Payment of proceeds of tax to department; distribution of proceeds.
1. All fees, taxes, interest and penalties imposed and all amounts of a tax required to be paid to Carson City pursuant to this article must be paid to the department in the form of remittances payable to the department.
2. The department shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.
3. The state controller, acting upon the collection data furnished by the department, shall monthly:
(a) Transfer from the sales and use tax account to the appropriate account in the state general fund a percentage of all fees, taxes, interest and penalties collected pursuant to this article during the preceding month as compensation to the state for the cost of collecting the tax. The percentage to be transferred pursuant to this paragraph must be the same percentage as the percentage of proceeds transferred pursuant to paragraph (a) of subsection 3 of NRS 374.785 but the percentage must be applied to the proceeds collected pursuant to this article only.
(b) Determine the amount equal to all fees, taxes, interest and penalties collected in or for Carson City pursuant to this article during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).
(c) Transfer the amount determined pursuant to paragraph (b) to the intergovernmental fund and remit the money to the treasurer for Carson City.
Sec. 8A.110 Redistribution of proceeds of tax by department. The department may redistribute any tax proceeds, interest or penalty collected pursuant to this article which is determined to be improperly distributed, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the department obtains knowledge of the improper distribution.
Sec. 8A.120 Creation of fund for use of proceeds from tax.
1. The treasurer for Carson City shall deposit money received from the state controller pursuant to paragraph (c) of section 8A.100 into the treasury of Carson City for credit to the fund created for the use of the proceeds from the tax authorized by this article.
κ1997 Statutes of Nevada, Page 45 (CHAPTER 16, AB 237)κ
2. The fund of Carson City created for the use of the proceeds from the tax authorized by this article must be accounted for as a separate fund and not as a part of any other fund.
Sec. 8A.130 Use of proceeds of tax; issuance of bonds and other securities.
1. Money for the acquisition, development, construction, equipping, operation, maintenance, improvement and management of open spaces, parks, trails and recreational facilities located within Carson City may be obtained:
(a) By the issuance of bonds and other securities as provided in subsection 2, subject to any pledges, liens and other contractual limitations made pursuant to this article;
(b) By direct distribution from the fund created pursuant to section 8A.120; or
(c) By both the issuance of such securities and by direct distribution, as the board may determine appropriate.
2. The board may, after the enactment of the ordinance imposing the tax, from time to time issue bonds and other securities, which are general or special obligations of Carson City and that may be secured as to principal and interest by a pledge of the proceeds from the tax authorized by this article.
3. An ordinance authorizing the issuance of such a bond or other security must describe the purpose for which the bond or other security is issued.
Sec. 8A.140 Types of securities; pledged revenue.
1. For the acquisition, development, construction, equipping, operation, maintenance, improvement and management of open spaces, parks, trails and recreational facilities authorized by this article, the board may issue:
(a) General obligation bonds;
(b) General obligation bonds for which payment is additionally secured by a pledge of the proceeds of the tax imposed pursuant to this article, and if so determined by the board, further secured by a pledge of the gross or net revenues derived from the operation of the recreational facilities, and any other project of the city which produces income, or from any license fees or other excise taxes imposed for revenue by the city, or otherwise, as may be legally made available for payment of the bonds;
(c) Revenue bonds for which payment is solely secured by a pledge of the proceeds of the tax imposed pursuant to this article, and if so determined by the board, further secured by a pledge of the gross or net revenues derived from the operation of the recreational facilities, and any other project of the city which produces income, or from any license fees or other excise taxes imposed for revenue by the city, or otherwise, as may be legally made available for payment of the bonds; and
(d) Medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.
κ1997 Statutes of Nevada, Page 46 (CHAPTER 16, AB 237)κ
2. Money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated for the purposes of subsection 3 of NRS 350.020 as pledged revenue for the uses authorized by this article.
Sec. 8A.150 Impairment of obligations prohibited. The board shall not repeal or amend or otherwise directly or indirectly modify the ordinance imposing the tax authorized by this article in such a manner as to impair an outstanding bond issued pursuant to this article, or other obligations incurred pursuant to this article, until all obligations for which revenue from an ordinance have been pledged or otherwise made payable from such revenue pursuant to this article have been discharged in full or provision for full payment and redemption has been made.
Sec. 8A.160 Department may act for Carson City in certain actions. In a proceeding arising from an ordinance imposing a tax pursuant to this article, the department may act for and on behalf of Carson City.
Sec. 8A.170 Construction of article.
1. The powers conferred by this article are in addition and supplemental to, and not in substitution for, the powers conferred by any other law and the limitations imposed by this article do not affect the powers conferred by any other law.
2. This article must not be construed to prevent the exercise of any power granted by any other law to Carson City or any officer, agent or employee of the city.
3. This article must not be construed to repeal or otherwise affect any other law or part thereof.
4. This article is intended to provide a separate method of accomplishing the objectives of the article but not an exclusive method.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 47κ
Assembly Bill No. 39Assemblymen Herrera, Perkins, Anderson, Goldwater, Arberry, Williams, Amodei, Giunchigliani, Price, Collins, Parks, Koivisto, Lee, Ohrenschall, Sandoval, Carpenter, Buckley, Nolan, Chowning, Freeman, Evans, Manendo, Mortenson, Segerblom and Bache
CHAPTER 17
AN ACT relating to juvenile courts; requiring a court to order a child or the parent or guardian of the child to make restitution for property damaged by the child; providing a penalty; and providing other matters properly relating thereto.
[Approved April 14, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a child is found to have committed an unlawful act in which the child damaged or destroyed the property of another person, in addition to any action ordered pursuant to the provisions of this chapter, the judge, or his authorized representative, shall order the child to provide restitution to the owner of the property.
2. If the child is not able to provide restitution, the judge, or his authorized representative, shall order the parent or guardian of the child to provide restitution to the owner of the property, unless the judge, or his authorized representative, determines that extenuating circumstances exist.
3. If the child and his parent or guardian are unable to provide restitution because of financial hardship, the judge, or his authorized representative, shall order the child or his parent or guardian, or both, to perform community service.
4. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
5. The judge, or his authorized representative, may require the child or his parent or guardian, or both, to deposit with the court a reasonable sum of money to pay for the cost of a policy for insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the work is performed, unless, in the case of industrial insurance, it is provided by the authority for which the work is performed.
6. As used in this section, property includes real or personal property.
Sec. 2. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212 [,] and section 1 of this act, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine.
κ1997 Statutes of Nevada, Page 48 (CHAPTER 17, AB 39)κ
determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorneys fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the childs drivers license for not more than 2 years. If the child does not possess a drivers license, the court may prohibit the child from applying for a drivers license for not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to apply for a drivers license.
(2) After the date he becomes eligible to apply for a drivers license, if the child is not eligible to apply for a license on the date of the order.
If the court issues an order suspending the drivers license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all drivers licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a drivers license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.
κ1997 Statutes of Nevada, Page 49 (CHAPTER 17, AB 39)κ
child to apply for a drivers license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the childs driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
κ1997 Statutes of Nevada, Page 50 (CHAPTER 17, AB 39)κ
and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 3. The amendatory provisions of this act apply to offenses that are committed on or after October 1, 1997.
Sec. 4. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
________
Assembly Bill No. 60Committee on Government Affairs
CHAPTER 18
AN ACT relating to unlawful housing practices; eliminating certain exemptions from the provisions prohibiting discriminatory advertising concerning the sale or rental of a dwelling; clarifying that it is unlawful, under certain circumstances, for a lender to discriminate against a person who does not intend to enter into a transaction for a loan or other financial assistance to purchase, construct, improve or repair a dwelling; requiring the Nevada equal rights commission to hold a public hearing in a case involving an unlawful housing practice unless a party to the case elects to have the matter decided in a court of competent jurisdiction; and providing other matters properly relating thereto.
[Approved April 14, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 118.060 is hereby amended to read as follows:
118.060 1. Dwelling means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
κ1997 Statutes of Nevada, Page 51 (CHAPTER 18, AB 60)κ
2. Dwelling does not include:
(a) A single-family house sold or rented by an owner if:
(1) The owner does not own more than three single-family houses at any one time or the owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three single-family houses at any one time; and
(2) The house was sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, real estate broker-salesman or real estate salesman licensed pursuant to chapter 645 of NRS . [; and
(3) The house was sold or rented without the publication, posting or mailing of any notice, statement or advertisement prohibited by paragraph (c) of subsection 1 of NRS 118.100.]
(b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by not more than four families living independently of each other if the owner actually maintains and occupies one of the living quarters as his residence and the owner has not within the preceding 12-month period participated:
(1) As the principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or
(2) As an agent, otherwise than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein.
3. The sale of a single-family house by an owner not residing in that house at the time of the sale or who was not the most recent resident of that house before the sale does not bring the house within the definition of dwelling unless there is more than one such sale within any 24-month period.
Sec. 2. NRS 118.100 is hereby amended to read as follows:
118.100 1. Except as otherwise provided in subsection 2, a person shall not, because of race, religious creed, color, national origin, disability, ancestry, familial status or sex:
(a) Refuse to sell or rent or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person.
(b) Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, including the amount of breakage or brokerage fees, deposits or other undue penalties, or in the provision of services or facilities in connection therewith.
(c) Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination, or an intention to make any preference, limitation or discrimination. As used in this paragraph, dwelling includes a house, room or unit described in subsection 2 or 3 of NRS 118.060.
(d) Represent to any person because of race, religious creed, color, national origin, disability, ancestry, familial status or sex that any dwelling is not available for inspection, sale or rental when the dwelling is in fact so available.
κ1997 Statutes of Nevada, Page 52 (CHAPTER 18, AB 60)κ
is not available for inspection, sale or rental when the dwelling is in fact so available.
(e) For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, religious creed, color, national origin, disability, ancestry, familial status or sex.
(f) Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected in this chapter.
2. The provisions of subsection 1 do not prohibit any act that is not prohibited by the provisions of the Fair Housing Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended.
Sec. 3. NRS 207.310 is hereby amended to read as follows:
207.310 1. As used in this section:
(a) Customer means a person who applies for a loan or other financial assistance to purchase, construct, improve or repair a dwelling. The term includes a person who does not intend to enter into a transaction for a loan or other financial assistance, but applies for the loan or financial assistance as if he intended to enter into the transaction.
(b) Lender means a bank, savings and loan association, insurance company or other person whose business consists in whole or in part of making commercial real estate loans.
2. It is unlawful for any lender to deny a loan, or other financial assistance rendered by the lender, to any customer or to discriminate against any customer in fixing the amount, conditions, duration, rate of interest or other terms of a loan or other financial assistance or to refuse to purchase a loan from another lender because of the race, color, religious creed, national origin, disability, ancestry, familial status or sex of:
(a) The customer;
(b) Any person associated with the customer in connection with the loan or other financial assistance or with the purpose of the loan or other financial assistance; or
(c) The present or prospective owners, lessees, tenants or occupants of the dwelling in relation to which the loan or other financial assistance is to be made or given.
3. A person who violates the provisions of this section is guilty of:
(a) A misdemeanor for the first and second offenses.
(b) A gross misdemeanor for the third and subsequent offenses.
Sec. 4. Section 16 of chapter 579, Statutes of Nevada 1995, at page 1990, is hereby amended to read as follows:
Sec. 16. NRS 233.170 is hereby amended to read as follows:
233.170 1. When a complaint is filed whose allegations if true would support a finding of unlawful practice, the commission shall hold an informal meeting to attempt a settlement of the dispute. To prepare for the informal meeting, the executive director may request from each party any information which is reasonably relevant to the complaint. [No] Except as otherwise provided in subsection 3, no further action may be taken if the parties agree to a settlement.
κ1997 Statutes of Nevada, Page 53 (CHAPTER 18, AB 60)κ
2. If an agreement is not reached, the executive director of the commission shall conduct an investigation into the alleged unlawful practice. After the investigation, if the executive director determines that an unlawful practice has occurred, he shall attempt to mediate between or reconcile the parties. The party against whom a complaint was filed may agree to cease the unlawful practice. [If] Except as otherwise provided in subsection 3, if an agreement is reached, no further action may be taken by the complainant or by the commission.
3. If an agreement is reached by the parties in a case involving a discriminatory practice in housing, the agreement must be approved by the commission. The agreement must be made public unless the parties otherwise agree and the commission determines that disclosure is not necessary to further the purposes of chapter 118 of NRS.
4. If the attempts at mediation or conciliation fail [,] in a case involving an unlawful practice in employment or public accommodations, the commission may hold a public hearing on the matter. After the hearing, if the commission determines that an unlawful practice has occurred, it may:
(a) Serve a copy of its findings of fact within 10 calendar days upon any person found to have engaged in the unlawful practice; and
(b) Order the person to:
(1) Cease and desist from the unlawful practice.
(2) In cases involving an unlawful employment practice, restore all benefits and rights to which the aggrieved person is entitled, including , but not limited to , rehiring, back pay for a period not to exceed 2 years after the date of the most recent unlawful practice, annual leave time, sick leave time or pay, other fringe benefits and seniority, with interest thereon from the date of the commissions decision a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the commissions decision, plus 2 percent. The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
[4.] 5. If the attempts at mediation or conciliation fail in a case involving an unlawful housing practice:
(a) The complainant or the person against whom the complaint was filed may elect to have the claims included in the complaint decided in a court of competent jurisdiction. If the court determines that the person against whom the complaint was filed has committed an unlawful housing practice, the court may:
(1) Award to the complainant actual damages and, within the limitations prescribed by federal law, punitive damages.
(2) Award to the prevailing party costs and reasonable attorneys fees.
(3) Order such other relief as the court deems appropriate, including, but not limited to:
(I) Ordering a permanent or temporary injunction;
(II) Issuing a temporary restraining order; or
κ1997 Statutes of Nevada, Page 54 (CHAPTER 18, AB 60)κ
(III) Enjoining the defendant from continuing the unlawful practice or taking other such affirmative action.
(b) If an election is not made pursuant to paragraph (a), the commission shall hold a public hearing on the matter. After the hearing, if the commission determines that an unlawful practice has occurred, it may:
(1) Serve a copy of its findings of fact within 10 days upon any person found to have engaged in the unlawful practice;
(2) Order the person to cease and desist from the unlawful practice;
(3) Award to the complainant actual damages; and
(4) Impose a civil penalty of not more than $25,000 upon the person who committed the unlawful discriminatory practice.
6. The order of the commission is a final decision in a contested case for the purpose of judicial review. If the person fails to comply with the commissions order, the commission shall apply to the district court for an order compelling such compliance, but failure or delay on the part of the commission does not prejudice the right of an aggrieved party to judicial review. The court shall issue the order unless it finds that the commissions findings or order are not supported by substantial evidence or are otherwise arbitrary or capricious. If the court upholds the commissions order and finds that the person has violated the order by failing to cease and desist from the unlawful practice or to make the payment ordered, the court shall award the aggrieved party actual damages for any economic loss and no more.
[5.] 7. After the commission has held a public hearing and rendered a decision, the complainant is barred from proceeding on the same facts and legal theory before any other administrative body or officer.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 79Committee on Judiciary
CHAPTER 19
AN ACT relating to presentence investigations; requiring the division of parole and probation of the department of motor vehicles and public safety to disclose the content of the report of the presentence investigation to a law enforcement agency, the mental hygiene and mental retardation division of the department of human services and the state gaming control board for certain purposes; and providing other matters properly relating thereto.
[Approved April 14, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.156 is hereby amended to read as follows:
176.156 1. The [court] division shall disclose to the district attorney, the counsel for the defendant and the defendant the factual content of the report of the presentence investigation and the recommendations of the division and afford an opportunity to each party to object to factual errors and comment on the recommendations.
κ1997 Statutes of Nevada, Page 55 (CHAPTER 19, AB 79)κ
report of the presentence investigation and the recommendations of the division and afford an opportunity to each party to object to factual errors and comment on the recommendations.
2. [If the Immigration and Naturalization Service of the United States Department of Justice requests the disclosure of a report of a presentence investigation, the court] Unless otherwise ordered by a court, upon request, the division shall disclose the [factual content of the report to the Immigration and Naturalization Service] content of a report of a presentence investigation to the law enforcement agency of this state or a political subdivision thereof and to a law enforcement agency of the Federal Government for the limited purpose of performing [its] their duties, including, but not limited to, conducting hearings that are public in nature . [for the deportation of aliens.]
3. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to the mental hygiene and mental retardation division of the department of human resources for the limited purpose of performing its duties, including, without limitation, evaluating the mental health of:
(a) A sex offender as defined in NRS 213.107; or
(b) An offender who has been determined to be mentally ill,
to provide any report or information to the division of parole and probation of the department of motor vehicles and public safety.
4. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to the state gaming control board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.
5. Except for the disclosures required by subsections 1 [and 2,] to 4, inclusive, the report and its sources of information are confidential and must not be made a part of any public record.
Sec. 2. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 56κ
Assembly Bill No. 98Assemblyman Bache
CHAPTER 20
AN ACT relating to local governments; providing an exception for certain capital projects from the requirement of the establishment of a separate account for the extraordinary maintenance, repair or improvement of a capital project; and providing other matters properly relating thereto.
[Approved April 17, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.6105 is hereby amended to read as follows:
354.6105 1. A local government in a county whose population is 100,000 or more shall establish a fund for the extraordinary maintenance, repair or improvement of capital projects. The local government shall establish within that fund a separate account for each capital project it undertakes, except a capital project for the [construction] :
(a) Construction of public roads [or a capital project for the control] ;
(b) Control of floods [.] ; or
(c) Transmission or treatment of water, waste water or sewerage.
The local government shall allocate an amount equal to one-half of 1 percent of the total amount of the bonds sold for each capital project and deposit that amount in the separate account established for that capital project. The proceeds from the sale of those bonds or any other money of the local government may be used to carry out the provisions of this subsection.
2. Any interest and income earned on the money in an account within the fund in excess of any amount which is reserved for rebate payments to the Federal Government pursuant to 26 U.S.C. § 148, as amended, or is otherwise required to be applied in a specific manner by the Internal Revenue Code of 1986, as amended, must be credited to that account.
3. The money in each account within the fund may be used only for the extraordinary maintenance, repair or improvement of the capital project or a facility which replaces that capital project. The money in each account within the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than the purpose specified in this subsection. If the local government sells any capital project for which an account within the fund was established, any balance remaining in that account must be used to reduce the debt of the local government.
4. The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify:
(a) Each fund and every account within that fund established pursuant to this section and indicate in detail any extraordinary maintenance, repairs or improvements of the capital project that have been paid for with money from the fund; and
(b) Any planned accumulation of money in each fund and every account within the fund.
κ1997 Statutes of Nevada, Page 57 (CHAPTER 20, AB 98)κ
The audit report must include a statement by the auditor whether the local government has complied with the provisions of this subsection.
Sec. 2. NRS 354.6107 is hereby amended to read as follows:
354.6107 1. A local government in a county whose population is less than 100,000 may establish a fund for the extraordinary maintenance, repair or improvement of capital projects. If the local government establishes such a fund, the local government must establish within that fund a separate account for each capital project it undertakes, except a capital project for the [construction] :
(a) Construction of public roads [or a capital project for the control] ;
(b) Control of floods [.] ; or
(c) Transmission or treatment of water, waste water or sewerage.
2. Any interest and income earned on the money in an account within the fund in excess of any amount which is reserved for rebate payments to the Federal Government pursuant to 26 U.S.C. § 148, as amended, or is otherwise required to be applied in a specific manner by the Internal Revenue Code of 1986, as amended, must be credited to that account.
3. The money in each account within the fund may be used only for the extraordinary maintenance, repair or improvement of the capital project or a facility which replaces that capital project. The money in each account within the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than the purpose specified in this subsection. If the local government sells any capital project for which an account within the fund was established, any balance remaining in that account must be used to reduce the debt of the local government.
4. The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify:
(a) Each fund and every account within that fund established pursuant to this section and indicate in detail any extraordinary maintenance, repairs or improvements of the capital project that have been paid for with money from the fund; and
(b) Any planned accumulation of money in each fund and every account within the fund.
The audit report must include a statement by the auditor whether the local government has complied with the provisions of this subsection.
Sec. 3. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 58κ
Assembly Bill No. 124Committee on Government Affairs
CHAPTER 21
AN ACT relating to the coordination of governmental functions; providing that the statutory requirements for open meetings apply to the annual meeting of state and local governmental agencies which coordinate their collection of certain fees, taxes or information; requiring the executive director of the department of taxation to submit a report; and providing other matters properly relating thereto.
[Approved April 17, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 277.185 is hereby amended to read as follows:
277.185 1. The agencies of this state, and the local governments within this state, that collect taxes or fees from persons engaged in business, or require such persons to provide related information and forms, shall coordinate their collection of information and forms so that each enterprise is required to furnish information in as few separate reports as possible. This section applies specifically, but is not limited, to the department of taxation, the employment security division of the department of employment, training and rehabilitation, the state department of conservation and natural resources, the state industrial insurance system, and the counties and cities that require a business license.
2. On or before October 1 of each year, the executive director of the department of taxation shall convene the heads, or persons designated by the respective heads, of the state agencies named in subsection 1 and the appropriate officers of the cities and counties that require a business license. The secretary of state, a representative of the Nevada Association of Counties and a representative of the Nevada League of Cities must be invited to attend the meeting. If he knows, or is made aware by persuasive information furnished by any enterprise required to pay a tax or fee or to provide information, that any other state or local agency needs to participate to accomplish the purpose set forth in subsection 1, he shall also invite the head of that agency or the appropriate officer of the local government, and the person so invited shall attend. The director of the department of information services shall assist in effecting the consolidation of the information and the creation of the forms.
3. The persons so assembled shall design and modify, as appropriate, the necessary joint forms for use during the ensuing fiscal year to accomplish the purpose set forth in subsection 1. If any dispute cannot be resolved by the participants, it must be referred to the Nevada tax commission for a decision that is binding on all parties.
4. On or before February 15 of each year, the executive director of the department of taxation shall submit a report to the director of the legislative counsel bureau for presentation to the legislature. The report must include a summary of the annual meeting held during the immediately preceding year and any recommendations for proposed legislation.
κ1997 Statutes of Nevada, Page 59 (CHAPTER 21, AB 124)κ
5. The provisions of chapter 241 of NRS apply to a meeting held pursuant to this section. The executive director of the department of taxation shall provide members of the staff of the department of taxation to assist in complying with the requirements of chapter 241 of NRS.
________
Assembly Bill No. 164Assemblymen Evans, Anderson, Freeman, de Braga, Braunlin, Lambert, Tiffany, Parks, Lee, Ohrenschall, Neighbors, Hickey, Sandoval, Manendo, Collins, Williams, Buckley, Bache, Herrera, Nolan, Berman, Mortenson, Arberry, Price, Close, Marvel, Perkins, Dini, Goldwater, Carpenter, Koivisto, Segerblom, Krenzer and Giunchigliani
CHAPTER 22
AN ACT relating to crimes; providing an additional penalty for assault with a deadly weapon motivated by certain characteristics of the victim; and providing other matters properly relating thereto.
[Approved April 17, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.1675 is hereby amended to read as follows:
193.1675 1. Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.465 [or] , paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, subsection 3 of NRS 200.5099 or paragraph (a) of subsection 2 of NRS 200.575 because the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim was different from that characteristic of the perpetrator, may be punished by imprisonment in the state prison for an additional term not to exceed 25 percent of the term of imprisonment prescribed by statute for the crime.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
________
κ1997 Statutes of Nevada, Page 60κ
Senate Bill No. 84Committee on Government Affairs
CHAPTER 23
AN ACT relating to elections; amending the provisions governing the hours that certain ex officio registrars must be open during certain days immediately preceding the close of voter registration; and providing other matters properly relating thereto.
[Approved April 17, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.560 is hereby amended to read as follows:
293.560 1. Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the fifth Saturday preceding any primary or general election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, or primary or general city election, registration must close at 9 p.m. on the fifth Saturday preceding the day of the elections.
2. The offices of the county clerk and other ex officio registrars must be open from 9 a.m. to 5 p.m. and the office of the county clerk must also be open from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:
(a) In a county whose population is less than 100,000, those offices must be open during the last 3 days before registration closes.
(b) In all other counties, those offices must be open during the last 5 days before registration closes.
3. Except for a special election held pursuant to chapter 306 or 350 of NRS:
(a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this state.
(b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
4. The offices of the county clerk and other ex officio registrars may remain open on October 31 in each even-numbered year.
________
κ1997 Statutes of Nevada, Page 61κ
Senate Bill No. 124Committee on Transportation
CHAPTER 24
AN ACT relating to commercial drivers licenses; authorizing the waiver of a certain examination for an applicant for a drivers license who is seeking to transfer a commercial drivers license issued by another jurisdiction; and providing other matters properly relating thereto.
[Approved April 22, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.015 is hereby amended to read as follows:
483.015 [The] Except as otherwise provided in NRS 483.330, the provisions of NRS 483.010 to 483.630, inclusive, apply only with respect to noncommercial drivers licenses.
Sec. 2. NRS 483.330 is hereby amended to read as follows:
483.330 1. The department may require every applicant for a drivers license , including a commercial drivers license issued pursuant to NRS 483.900 to 483.940, inclusive, to submit to an examination. The examination may include:
(a) A test of the applicants ability to understand official devices used to control traffic;
(b) A test of his knowledge of practices for safe driving and the traffic laws of this state;
(c) Except as otherwise provided in subsection 2, a test of his eyesight; and
(d) Except as otherwise provided in subsection 3, an actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he is to be licensed.
The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to drive a motor vehicle safely upon the highways.
2. The department may provide by regulation for the acceptance of a report from an ophthalmologist, optician or optometrist in lieu of an eye test by a drivers license examiner.
3. If the department establishes a type or classification of drivers license to operate a motor vehicle of a type which is not normally available to examine an applicants ability to exercise ordinary and reasonable control of such a vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a:
(a) Past, present or prospective employer of the applicant; or
(b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,
in lieu of an actual demonstration.
4. The department may waive an examination pursuant to subsection 1 for a person applying for a Nevada drivers license who possesses a valid drivers license of the same type or class issued by another jurisdiction unless that person:
κ1997 Statutes of Nevada, Page 62 (CHAPTER 24, SB 124)κ
drivers license of the same type or class issued by another jurisdiction unless that person:
(a) Has not attained 25 years of age;
(b) Has had his license or privilege to drive a motor vehicle suspended, revoked or canceled or has been otherwise disqualified from driving during the immediately preceding 4 years;
(c) [Is seeking to transfer a commercial drivers license;
(d)] Has been convicted of the offense of driving a motor vehicle while under the influence of an intoxicating liquor, a controlled substance [or] , a chemical poison or an organic solvent during the immediately preceding 7 years, or the violation of a law which prohibits the same or similar conduct;
[(e)] (d) Has restrictions to his drivers license which the department must reevaluate to ensure the safe driving of a motor vehicle by that person;
[(f)] (e) Has had three or more convictions of moving traffic violations on his driving record during the immediately preceding 4 years; or
[(g)] (f) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of Parts 1325 and 1327 of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.
________
Senate Bill No. 141Committee on Judiciary
CHAPTER 25
AN ACT relating to gaming; revising the provisions governing the regulation of banks by the Nevada gaming commission; and providing other matters properly relating thereto.
[Approved April 22, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.0139 is hereby amended to read as follows:
463.0139 Capital lease means a bailment, lease or similar transaction in which:
1. The lease is in writing;
2. The writing includes the names and addresses of the lessor and lessee, the term, amount of rental payments, a specific list of the leased equipment and details of any rights which the lessee has to extend the term or to acquire the leased equipment during the term or at the expiration of the term including any renewals of the original term;
3. The lease serves as the functional equivalent of an extension of credit by the lessor to the lessee;
4. The leased equipment was acquired by the lessor specifically for a leasing transaction; and
5. The lessor is a national banking association [which has its principal place of] that is authorized to do business in this state, a banking corporation formed or regulated under the laws of this state or a wholly owned subsidiary of such a banking association or corporation [which] that is formed or regulated under the laws of this state .
κ1997 Statutes of Nevada, Page 63 (CHAPTER 25, SB 141)κ
owned subsidiary of such a banking association or corporation [which] that is formed or regulated under the laws of this state . [and has its principal place of business in this state.]
Sec. 2. NRS 463.175 is hereby amended to read as follows:
463.175 1. As used in this section:
(a) Bank means a national banking association [which has its chief place of] that is authorized to do business in this state, a banking corporation formed or regulated under the laws of this state or a trust company formed or regulated under the laws of this state . [which has its chief place of business in this state.]
(b) Fiduciary means an executor, an administrator, a special administrator, a trustee of an inter vivos trust, a trustee of a testamentary trust, an escrow agent, a depositary or any combination thereof.
2. The commission may, selectively or by general regulation, at any time and from time to time, exempt a bank acting as a fiduciary from all or any portion of the requirements of NRS 463.160, 463.162, 463.167, 463.170, and 463.490 to 463.645, inclusive, and from the regulations adopted thereunder.
3. The commission may, upon the recommendation of the board or upon its own undertaking, grant, deny, limit, condition, restrict, revoke or suspend any exemption or application for exemption pursuant to subsection 2 for any reasonable cause.
4. An exemption granted pursuant to subsection 2 is a revocable privilege, and no person may acquire any vested rights therein or thereunder.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 141Assemblyman Perkins
CHAPTER 26
AN ACT relating to dangerous weapons; exempting certain prosecuting attorneys from the prohibition against carrying a concealed firearm into certain locations; and providing other matters properly relating thereto.
[Approved April 22, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.3673 is hereby amended to read as follows:
202.3673 1. Except as otherwise provided in NRS 202.265 and this section, a permittee [must] shall not carry a concealed firearm into:
(a) Any facility of a law enforcement agency;
(b) A prison, county or city jail or detention facility;
(c) A courthouse or courtroom;
(d) Any facility of a public or private school;
(e) Any facility of a vocational or technical school, or of the University and Community College System of Nevada;
κ1997 Statutes of Nevada, Page 64 (CHAPTER 26, AB 141)κ
(f) Any other building owned or occupied by the Federal Government, the state or a local government; or
(g) Any other place in which the carrying of a concealed firearm is prohibited by state or federal law.
2. The provisions of this section do not prohibit a permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing other permittees to carry a concealed firearm in his courtroom.
3. The provisions of this section are not applicable to an employee of the facility identified in subsection 1 while on the premises of that facility.
4. The provisions of this section do not apply to a permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state.
5. A violation of the provisions of subsection 1 is a misdemeanor.
Sec. 2. This act becomes effective on July 1, 1997.
________
Senate Bill No. 93Committee on Commerce and Labor
CHAPTER 27
AN ACT relating to professions; authorizing the state board of professional engineers and land surveyors to require businesses to register with the board before engaging in or offering to engage in the practice of professional engineering or land surveying; and providing other matters properly relating thereto.
[Approved April 22, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 625 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The board may require a firm, partnership, corporation or any other person who is not a natural person to register with the board before engaging in or offering to engage in the practice of professional engineering in this state. The board may charge a fee of not more than $50 to register pursuant to this section.
2. The board may adopt regulations to carry out the provisions of this section.
Sec. 3. 1. The board may require a firm, partnership, corporation or any other person who is not a natural person to register with the board before engaging in or offering to engage in the practice of land surveying in this state. The board may charge a fee of not more than $50 to register pursuant to this section.
2. The board may adopt regulations to carry out the provisions of this section.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 65κ
Senate Bill No. 61Committee on Transportation
CHAPTER 28
AN ACT relating to the department of motor vehicles and public safety; authorizing the department to release certain information to public administrators and public guardians; and providing other matters properly relating thereto.
[Approved April 22, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.063 is hereby amended to read as follows:
481.063 1. The director may charge and collect reasonable fees for official publications of the department and from persons making use of files and records of the department or its various divisions for a private purpose. All money so collected must be deposited in the state treasury for credit to the motor vehicle fund.
2. The director may release personal information from a file or record relating to the drivers license, identification card or title or registration of a vehicle of a person if the requester submits a notarized release from the person who holds a lien on the vehicle or the person about whom the information is requested which is dated no more than 90 days before the date of the request.
3. Except as otherwise provided in subsection 2, the director shall not release to any person who is not an officer or employee of a law enforcement agency or an agency of a local government which collects fines imposed for parking violations [:] , or who is not conducting an investigation pursuant to NRS 253.0415, 253.044 or 253.220:
(a) A list which includes license plate numbers combined with any other information in the records or files of the department;
(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or
(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.
When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.
4. Except as otherwise provided in subsections 2 and 5, the director shall not release any personal information from a file or record relating to a drivers license, identification card or title or registration of a vehicle.
5. Except as otherwise provided in subsection 6, if a person or governmental entity appears in person or by its representative, provides a description of the information requested and its proposed use and signs an affidavit to that effect, the director may release any personal information from a file or record relating to a drivers license, identification card or title or registration of a vehicle for use:
κ1997 Statutes of Nevada, Page 66 (CHAPTER 28, SB 61)κ
from a file or record relating to a drivers license, identification card or title or registration of a vehicle for use:
(a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. In addition, the director may, by regulation, establish a procedure whereby a governmental entity may retrieve such information electronically or by written request in lieu of appearing personally and complying with the other requirements of this subsection.
(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.
(c) In connection with matters relating to:
(1) The safety of drivers of motor vehicles;
(2) Safety and thefts of motor vehicles;
(3) Emissions from motor vehicles;
(4) Alterations of products related to motor vehicles;
(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;
(6) Monitoring the performance of motor vehicles;
(7) Parts or accessories of motor vehicles;
(8) Dealers of motor vehicles;
(9) Activities relating to research and analysis of the market for motor vehicles, such as the conducting of surveys; or
(10) Removal of nonowner records from the original records of motor vehicle manufacturers.
(d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.
(e) In providing notice to the owners of vehicles which have been towed, repossessed or impounded.
(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.
(g) By a private investigator, private patrolman or security consultant who is licensed pursuant to NRS 648.060, for any use permitted pursuant to this section.
(h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated federally licensed radio or television station for a journalistic purpose. The department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.
(i) In connection with an investigation conducted pursuant to NRS 253.0415, 253.044 or 253.220.
κ1997 Statutes of Nevada, Page 67 (CHAPTER 28, SB 61)κ
6. A person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 5. Such a person must keep and maintain for a period of 5 years a record of:
(a) Each person to [which] whom the information is provided; and
(b) The purpose for which that person will use the information,
which must be available for examination by the department at all reasonable times upon request.
7. Except as otherwise provided in subsection 2, the director may deny any use of the files and records if he reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
8. Except as otherwise provided in NRS 485.316, the director shall not allow any person to make use of information retrieved from the data base created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that data base.
9. The director shall adopt such regulations as he deems necessary to carry out the purposes of this section. In addition the director shall, by regulation, establish a procedure whereby a person who is requesting personal information and has personally appeared before an employee of the department at least once may establish an account with the department to facilitate his ability to request information electronically or by written request if he has submitted to the department proof of his employment or licensure, as applicable, and a signed and notarized affidavit acknowledging:
(a) That he has read and fully understands the current laws and regulations regarding the manner in which information from the departments files and records may be obtained and the limited uses which are permitted;
(b) That he understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;
(c) That he understands that a record will be maintained by the department of any information he requests; and
(d) That he understands that a violation of the provisions of this section is a criminal offense.
10. It is unlawful for any person to:
(a) Make a false representation to obtain any information from the files or records of the department.
(b) Knowingly obtain or disclose any information from the files or records of the department for any use not permitted by the provisions of this chapter.
11. As used in this section, personal information means information which reveals the identity of a person, including his photograph, social security number, drivers license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.
κ1997 Statutes of Nevada, Page 68 (CHAPTER 28, SB 61)κ
when separate from his full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 11Senator Rhoads
CHAPTER 29
AN ACT relating to carcasses of livestock; prohibiting, under certain circumstances, the return of a processed carcass of livestock or of a game mammal or bird other than the carcass that was delivered for processing; providing a penalty; and providing other matters properly relating thereto.
[Approved April 26, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 583 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a carcass of livestock or of a game mammal or bird is delivered for processing to a person who is engaged in the business of processing such carcasses, the person shall not, if he returns the carcass after processing it to the person who delivered it, return to that person a processed carcass other than the carcass which was delivered to him for processing.
2. For the purposes of carrying out the provisions of subsection 1, a person who is engaged in the business of processing carcasses of livestock or game mammals or birds shall mark any such carcass that is to be returned to the person who delivered it for processing in a manner which provides for the identification of that person.
3. A person who violates any provision of this section is guilty of a misdemeanor.
Sec. 2. NRS 583.255 is hereby amended to read as follows:
583.255 As used in NRS 583.255 to 583.555, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 583.265 to 583.429, inclusive, have the meanings ascribed to them in NRS 583.265 to 583.429, inclusive.
Sec. 3. The provisions of section 1 of this act do not apply to a carcass of livestock or of a game mammal or bird which is delivered for processing before October 1, 1997, to a person who is engaged in the business of processing carcasses of livestock or game mammals or birds.
Sec. 4. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
________
κ1997 Statutes of Nevada, Page 69κ
Senate Bill No. 42Committee on Government Affairs
CHAPTER 30
AN ACT relating to financial administration; authorizing the state controller to provide by regulation for the use of electronic symbols to substitute or supplement certain signatures; and providing other matters properly relating thereto.
[Approved April 26, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state controller may provide by regulation for the use of electronic symbols to substitute or supplement the handwritten or facsimile signature of an authorized officer that indicates the officers authorization or verification on a document required by the state controller pursuant to the provisions of NRS 353.291 to 353.3245, inclusive.
2. As used in this section, authorized officer means any official of this state or any of its departments, agencies or other instrumentalities or any of its political subdivisions whose signature is required pursuant to subsection 1.
Sec. 2. NRS 353.291 is hereby amended to read as follows:
353.291 NRS 353.291 to 353.3245, inclusive, and section 1 of this act may be cited as the State Accounting Procedures Law.
________
Senate Bill No. 147Committee on Government Affairs
CHAPTER 31
AN ACT relating to collective bargaining; transferring the duty to submit a list of potential mediators if a local government employer and employee organization do not agree upon a mediator from the labor commissioner to the commissioner appointed by the local government employee-management relations board; and providing other matters properly relating thereto.
[Approved April 26, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.190 is hereby amended to read as follows:
288.190 Except in cases to which NRS 288.205 and 288.215 apply:
1. Anytime before July 1, the dispute may be submitted to a mediator, if both parties agree. On or after July 1 but before July 5, either party involved in negotiations may request a mediator. If the parties do not agree upon a mediator, the [labor] commissioner shall submit to the parties a list of seven potential mediators. The parties shall select their mediator from the list by alternately striking one name until the name of only one mediator remains, who will be the mediator to hear the dispute.
κ1997 Statutes of Nevada, Page 70 (CHAPTER 31, SB 147)κ
remains, who will be the mediator to hear the dispute. The employee organization shall strike the first name.
2. If mediation is agreed to or requested pursuant to subsection 1, the mediator must be selected on or before July 15.
3. The mediator shall bring the parties together as soon as possible and, unless otherwise agreed upon by the parties, attempt to settle the dispute no later than July 31. He may establish the times and dates for meetings and compel the parties to attend but has no power to compel the parties to agree.
4. The local government employer and employee organization each shall pay one-half of the cost of mediation. Each party shall pay its own costs of preparation and presentation of its case in mediation.
5. If the dispute is submitted to a mediator and then submitted to a factfinder, the mediator [must,] shall, before August 15, give to the commissioner of the board a report of the efforts made to settle the dispute.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 7Assemblyman Manendo
CHAPTER 32
AN ACT relating to traffic laws; authorizing the private enforcement of laws relating to parking for handicapped persons; and providing other matters properly relating thereto.
[Approved April 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A local law enforcement agency may appoint volunteers to issue citations for the violation of the provisions of NRS 484.408 or ordinances enacted by a local authority that govern parking for the handicapped.
2. The local law enforcement agency appointing volunteers shall:
(a) Establish minimum qualifications for the volunteers;
(b) Provide training to the volunteers before authorizing them to issue citations; and
(c) Provide the volunteers with appropriate equipment, including, but not limited to, uniforms or other identifying attire and traffic citations issued in books.
3. A citation issued by a volunteer appointed pursuant to subsection 1 has the same force and effect as a citation issued by a peace officer. The volunteer shall deposit the original or a copy of the citation in the manner prescribed in subsection 1 of NRS 484.813.
4. For the purposes of this section, a person who volunteers to a local law enforcement agency to issue citations pursuant to subsection 1 shall be deemed an employee of a political subdivision of this state for the purposes of NRS 616A.160 if he has successfully completed the training course for the issuance of such citations provided by the local law enforcement agency.
κ1997 Statutes of Nevada, Page 71 (CHAPTER 32, AB 7)κ
5. Local law enforcement agencies are not liable for the negligent acts or omissions of a person who volunteers to issue citations pursuant to subsection 1 unless:
(a) The volunteer made a specific promise or representation to a natural person who relied upon the promise or representation to his detriment; or
(b) The conduct of the volunteer affirmatively caused the harm.
The provisions of this section are not intended to abrogate the principal of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.
6. An owner of private property on which there are parking spaces designated for the handicapped, or the owner or operator of a business establishment located on such property, is not liable for any acts or omissions resulting from the issuance of a citation by a volunteer pursuant to this section.
Sec. 2. NRS 616A.160 is hereby amended to read as follows:
616A.160 Volunteer officers attached to the Nevada highway patrol, volunteers appointed pursuant to section 1 of this act who qualify pursuant to subsection 4 of that section, the investigators appointed pursuant to NRS 481.243 or volunteers of a regularly organized and recognized police department, metropolitan police department or sheriffs unit, while engaged in their duties as such in any voluntary community service and while acting under the direction of the chief of the Nevada highway patrol, chief of the investigation division of the department of motor vehicles and public safety or a sheriff or chief of police, or their deputies or assistants, of any county, metropolitan police department, city or town in the protection of life or property shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the Nevada highway patrol, investigation division or the city, town, metropolitan police department or county so recognizing them, at the wage of $900 per month, and are entitled to the benefits of those chapters upon compliance therewith by the Nevada highway patrol, investigation division or the county, metropolitan police department, city or town.
Sec. 3. 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.
________
κ1997 Statutes of Nevada, Page 72κ
Senate Bill No. 57Committee on Government Affairs
CHAPTER 33
AN ACT relating to liens; invalidating certain liens filed or otherwise claimed against a public officer or employee unless the filing of the lien is authorized by a specific statute or an order of a court of competent jurisdiction; and providing other matters properly relating thereto.
[Approved April 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any lien which is filed or otherwise claimed against a public officer or employee which is based on the performance of or failure to perform a duty relating to his office or employment is invalid unless the filing of the lien is authorized by a specific statute or by an order of a court of competent jurisdiction.
2. As used in this section, lien means an encumbrance on property which is used as security for the payment of a debt.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 95Committee on Judiciary
CHAPTER 34
AN ACT relating to criminal procedure; revising the provisions governing attendants who provide support for certain witnesses; allowing an attendant to sit next to a witness while the witness is testifying; and providing other matters properly relating thereto.
[Approved April 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.204 is hereby amended to read as follows:
171.204 1. Except as otherwise provided in subsection 2, the magistrate may, if good cause is shown and upon the request of any party or on his own motion, exclude from the examination every person except:
(a) The magistrates clerk;
(b) The attorney general;
(c) The prosecuting attorney;
(d) An investigating officer, after he has testified as a prosecuting witness and his cross-examination has been completed;
(e) Any counsel for the victim;
(f) The victim, after he has testified as a prosecuting witness and his cross-examination has been completed;
(g) The defendant and his counsel;
κ1997 Statutes of Nevada, Page 73 (CHAPTER 34, AB 95)κ
(h) The witness who is testifying;
(i) The officer having the defendant or a witness in his custody;
(j) An attendant to a [prosecuting] witness designated pursuant to NRS 178.571; and
(k) Any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.
2. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded from the examination except in the discretion of the magistrate.
3. As used in this section, victim includes any person described in NRS 178.569.
Sec. 2. NRS 178.571 is hereby amended to read as follows:
178.571 1. [In] Except as otherwise provided in subsection 2, in a case involving [:
(a) A] a violation of NRS 200.366, 200.368 or 200.373, a battery with intent to commit a sexual assault pursuant to NRS 200.400, a violation of any provision of NRS 200.5091 to 200.5099, inclusive, a violation of NRS 201.180, 201.210, 201.220 or 201.230 or an attempt or a conspiracy to commit any of these offenses [; or
(b) An] , a witness may designate an attendant who must be allowed to attend the preliminary hearing and the trial during the witnesss testimony to provide support.
2. In a case involving an offense in which a minor is [the prosecuting witness, the prosecuting witness] a witness, the witness who is a minor may designate an attendant who must be allowed to attend the preliminary hearing and the trial during the witnesss testimony to provide support.
3. The attendant may be designated by a party as a witness and, except as otherwise provided in this section, must not be excluded from the proceedings. If a party designates the attendant as a witness, the attendant must be examined and cross-examined before any other witness testifies.
[2.] 4. Except as otherwise provided in this subsection and subsection [3,] 5, the attendant must not be a reporter or editorial employee of any newspaper, periodical or press association or an employee of any radio or television station. The provisions of this subsection do not apply to an attendant to a [prosecuting] witness in a case involving a violation of any provision of NRS 200.5091 to 200.5099, inclusive.
[3.] 5. The parent, child, brother or sister of the [prosecuting] witness may serve as the [witnesss] attendant of the witness whether or not [he] the attendant is a reporter or an editorial employee of any newspaper, periodical or press association or an employee of any radio or television station, but [no such attendant may] the attendant shall not make notes during the hearing or trial.
[4.] 6. The court:
(a) Shall, if the witness requests, allow the attendant to sit next to the witness while the witness is testifying; or
(b) May, if the witness requests that the attendant be in another location in the courtroom while the witness is testifying, allow the attendant to be in that location while the witness is testifying.
κ1997 Statutes of Nevada, Page 74 (CHAPTER 34, AB 95)κ
7. Except as otherwise provided in this subsection, the court shall allow the attendant to have physical contact with the witness while the witness is testifying, if the court determines that such contact is reasonably appropriate or necessary to provide support to the witness. If the attendant [influences or affects, or] attempts to influence or affect [,] in any manner the testimony of the [prosecuting] witness during the giving of testimony [,] or at any other time, the court shall exclude that attendant and allow the witness to designate another attendant.
[5. The defendant]
8. A party may move to exclude a particular attendant for good cause, and the court shall hear the motion out of the presence of the jury, if any. If the court grants the motion, the [prosecuting] witness may designate another attendant.
________
Assembly Bill No. 202Assemblymen Krenzer, Arberry, Goldwater, Evans, Manendo, Ernaut, Perkins, Anderson, Bache, Buckley, Williams, Giunchigliani, Parks, Hettrick, Nolan, Price, Sandoval, Collins, Freeman, Braunlin, Koivisto, Gustavson, de Braga, Close, Amodei, Ohrenschall, Humke, Segerblom, Lee, Mortenson, Chowning, Von Tobel and Herrera
CHAPTER 35
AN ACT relating to public places; expanding the public places to which a service animal in training must be allowed entry; and providing other matters properly relating thereto.
[Approved April 30, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 651.075 is hereby amended to read as follows:
651.075 1. It is unlawful for a place of public accommodation to:
(a) Refuse admittance or service to a person with a visual, aural or physical disability because he is accompanied by a guide dog, hearing dog, helping dog or other service animal;
(b) Refuse admittance or service to a person training such an animal; [or]
(c) Refuse to permit an employee of the place of public accommodation who is training such an animal to bring the animal into:
(1) The place of public accommodation; or
(2) Any area within the place of public accommodation to which employees of the place have access, regardless of whether the area is open to the public; or
(d) Charge an additional fee for such an animal.
2. A place of accommodation may require proof that an animal is a guide dog, hearing dog, helping dog or other service animal, or that a person is training such an animal. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a trainer of such an animal or to a person with a visual, aural or physical disability upon his graduation from a school for guide dogs, school for hearing dogs or school for helping dogs.
κ1997 Statutes of Nevada, Page 75 (CHAPTER 35, AB 202)κ
visual, aural or physical disability upon his graduation from a school for guide dogs, school for hearing dogs or school for helping dogs.
3. A guide dog, hearing dog, helping dog or other service animal may not be presumed dangerous by reason of the fact it is not muzzled.
4. This section does not relieve a person with a disability or a person who trains such an animal from liability for damage caused by his guide dog, hearing dog, helping dog or other service animal.
5. Persons with disabilities who are accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.
6. For the purposes of this section, the terms guide dog, hearing dog, helping dog and service animal have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
Sec. 2. NRS 651.080 is hereby amended to read as follows:
651.080 1. Any person is guilty of a misdemeanor who:
(a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by NRS 651.070 [;] or 651.075;
(b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by NRS 651.070 [;] or 651.075; or
(c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by NRS 651.070 [.] or 651.075.
2. A prosecution for violation of a local ordinance authorized by NRS 651.100 [shall] is a bar to any prosecution [under] pursuant to this section.
Sec. 3. NRS 651.090 is hereby amended to read as follows:
651.090 1. Any person who:
(a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by NRS 651.070 [;] or 651.075;
(b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by NRS 651.070 [;] or 651.075; or
(c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by NRS 651.070 [,] or 651.075,
is liable to the person whose rights [under] pursuant to NRS 651.070 or 651.075 are affected for actual damages, to be recovered by a civil action in a court in and for the county in which the infringement of civil rights occurred or in which the defendant resides.
2. In an action brought [under] pursuant to this section, the court may:
(a) Grant any equitable relief it considers appropriate, including temporary, preliminary or permanent injunctive relief, against the defendant.
(b) Award costs and reasonable attorneys fees to the prevailing party.
κ1997 Statutes of Nevada, Page 76 (CHAPTER 35, AB 202)κ
Sec. 4. NRS 651.100 is hereby amended to read as follows:
651.100 Any county or incorporated city of this state may adopt a local ordinance prohibiting infringement of the rights or privileges secured by NRS 651.070 [, but no] or 651.075, but such an ordinance [may] must not apply to any establishment outside the scope of NRS 651.050 and 651.060 or impose a penalty more severe than that provided by NRS 651.075 or 651.080. A prosecution [under] pursuant to NRS 651.075 or 651.080 [shall] is a bar to any prosecution [under] pursuant to an ordinance authorized by this section.
Sec. 5. NRS 651.120 is hereby amended to read as follows:
651.120 [No] A criminal or civil action authorized by NRS 651.075, 651.080, 651.090 or 651.100 may not be brought after the expiration of 1 year from the date of the act complained of. When a complaint is filed with the Nevada equal rights commission pursuant to NRS 651.110, the limitation provided by this section is tolled as to any action authorized by NRS 651.075, 651.080, 651.090 or 651.100 during the pendency of such complaint before the commission. For the purposes of this section, a complaint is pending before the commission until the time expires for filing a petition for judicial review of the final decision of the commission on the complaint or, if proceedings for such review are instituted, then until the proceedings are completed.
Sec. 6. NRS 704.145 is hereby amended to read as follows:
704.145 1. It is unlawful for a common carrier or other means of public conveyance or transportation operating in this state to:
(a) Refuse service to a visually, aurally or physically handicapped person because he is accompanied by a guide dog, hearing dog, helping dog or other service animal; [or]
(b) Refuse service to a person who is training a guide dog, hearing dog, helping dog or other service animal because he is accompanied by such an animal; or
(c) Charge an additional fee for such an animal.
2. This section does not relieve a visually, aurally or physically handicapped person or a person who trains a guide dog, hearing dog, helping dog or other service animal from liability for damage which may be caused by his [guide dog, hearing dog, helping dog or other service] animal.
3. Visually, aurally or physically handicapped persons accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.
4. For the purposes of this section, the terms guide dog, hearing dog, helping dog and service animal have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
Sec. 7. NRS 706.366 is hereby amended to read as follows:
706.366 1. It is unlawful for a common motor carrier of passengers or other means of public conveyance or transportation operating in this state to:
(a) Refuse service to a visually, aurally or physically handicapped person because he is accompanied by a guide dog, hearing dog, helping dog or other service animal; [or]
κ1997 Statutes of Nevada, Page 77 (CHAPTER 35, AB 202)κ
(b) Refuse service to a person who is training a guide dog, hearing dog, helping dog or other service animal because he is accompanied by such an animal; or
(c) Charge an additional fee for such an animal.
2. This section does not relieve a visually, aurally or physically handicapped person or a person who trains a guide dog, hearing dog, helping dog or other service animal from liability for damage which may be caused by his [guide dog, hearing dog, helping dog or other service] animal.
3. Visually, aurally or physically handicapped persons accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.
4. For the purposes of this section, the terms guide dog, hearing dog, helping dog and service animal have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
________
Assembly Bill No. 1Assemblywoman Segerblom
CHAPTER 36
AN ACT relating to unfair employment practices; revising the provisions governing appeals from final judgments in actions for age discrimination in employment; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The supreme court shall, with regard to an appeal from a final judgment in an action for age discrimination in employment brought pursuant to NRS 613.420 or 29 U.S.C. §§ 621-634, provide by rule for the filing of briefs within 6 months after the date of entry of the judgment. The supreme court for good cause shown may grant an extension of time for the filing of such briefs.
2. Unless good cause is shown for a later hearing, the supreme court shall, with regard to an appeal to which subsection 1 applies, set the appeal for argument on a date within 60 days after the expiration of the period for filing briefs.
Sec. 2. NRS 613.310 is hereby amended to read as follows:
613.310 As used in NRS 613.310 to 613.430, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
κ1997 Statutes of Nevada, Page 78 (CHAPTER 36, AB 1)κ
2. Employer means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:
(a) The United States or any corporation wholly owned by the United States.
(b) Any Indian tribe.
(c) Any private membership club exempt from taxation [under] pursuant to section 501(c) of the Internal Revenue Code of 1954.
3. Employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.
4. Labor organization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
5. Person includes the State of Nevada and any of its political subdivisions.
________
Assembly Bill No. 4Assemblyman Close
CHAPTER 37
AN ACT relating to primary elections; requiring the county or city clerk to include in each sample ballot a list of the names of the candidates for which there is no opposition; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.565 is hereby amended to read as follows:
293.565 1. At least 10 days before any election, the county or city clerk shall cause to be mailed to each registered voter in the county or city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The county or city clerk shall mail a notice of the change to each registered voter in the county or city not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
κ1997 Statutes of Nevada, Page 79 (CHAPTER 37, AB 4)κ
2. The county or city clerk shall include in each sample ballot for a primary election or primary city election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.
3. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
________
Assembly Bill No. 8Assemblyman Sandoval
CHAPTER 38
AN ACT relating to financial institutions; allowing a director or manager of a bank to hold his required shares of the bank in a revocable trust; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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) Is a bona fide owner of stock of the bank or its holding company [, or has] ;
(b) Holds stock of the bank or its holding company in a revocable trust; or
(c) Has a members interest in the bank.
2. The stock or interest owned or held pursuant to subsection 1 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 or holder of the stock or interest became a director, whichever is greater. The stock or the members contribution must be fully paid and not pledged.
[2.] 3. 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 the State of 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.] 4. For the purposes of this section, holding company has the meaning ascribed to it in NRS 666.005.
________
κ1997 Statutes of Nevada, Page 80κ
Assembly Bill No. 18Committee on Elections, Procedures, and Ethics
CHAPTER 39
AN ACT relating to elections; expanding the area around a polling place where electioneering and the solicitation of votes is prohibited; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.361 is hereby amended to read as follows:
293.361 1. During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within [30] 100 feet from the entrance to the voting area.
2. During the period of early voting, the county clerk shall keep continuously posted:
(a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located , a sign on which is printed in large letters Polling Place for Early Voting; and
(b) At the outer limits of the area within which electioneering is prohibited, a sign on which is printed in large letters Distance Marker : [.] No electioneering between this point and the entrance to the polling place.
3. Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.
4. Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.
Sec. 2. NRS 293.740 is hereby amended to read as follows:
293.740 1. [It] Except as otherwise provided in subsection 2, it is unlawful inside a polling place [:] or within 100 feet from the entrance to the building or other structure in which a polling place is located:
(a) For any person to solicit a vote or speak to a voter on the subject of marking his ballot.
(b) For any person, including an election board officer, to do any electioneering on election day.
The county clerk or registrar of voters shall ensure that, at the outer limits of the area within which electioneering is prohibited, notices are continuously posted on which are printed in large letters Distance Marker: No electioneering between this point and the entrance to the polling place.
2. The provisions of subsection 1 do not apply to the conduct of a person in a private residence or on commercial or residential property that is within 100 feet from the entrance to a building or other structure in which a polling place is located. The provisions of subsection 1 are not intended to prohibit a person from voting solely because he is wearing a prohibited political insigne and is reasonably unable to remove the insigne or cover it.
κ1997 Statutes of Nevada, Page 81 (CHAPTER 39, AB 18)κ
or cover it. In such a case, the election board officer shall take such action as is necessary to allow the voter to vote as expediently as possible and then assist the voter in exiting the polling place as soon as is possible.
3. Any person who violates any provision of this section is guilty of a gross misdemeanor.
4. As used in this section, electioneering means campaigning for or against a candidate, ballot question or political party by:
(a) Posting signs relating to the support of or opposition to a candidate, ballot question or political party;
(b) Distributing literature relating to the support of or opposition to a candidate, ballot question or political party;
(c) Using loudspeakers to broadcast information relating to the support of or opposition to a candidate, ballot question or political party;
(d) Buying, selling, wearing or displaying any badge, button or other insignia which is designed or tends to aid or promote the success or defeat of any political party or a candidate or ballot question to be voted upon at that election;
(e) Polling or otherwise soliciting from a voter information as to whether the voter intends to vote or has voted for or against a particular political party, candidate or ballot question; or
(f) Soliciting signatures to any kind of petition.
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
________
Assembly Bill No. 49Committee on Natural Resources, Agriculture, and Mining
CHAPTER 40
AN ACT relating to the interstate quarantine of agricultural commodities; providing for the recovery of certain costs from a defendant convicted of violating certain statutes and regulations; authorizing the state quarantine officer to impose administrative fines for certain violations; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 554 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state quarantine officer shall adopt regulations specifying a schedule of administrative fines which may be imposed, upon notice and a hearing, for each violation of the provisions of this section and NRS 554.010 to 554.080, inclusive, or the regulations adopted pursuant thereto. The maximum fine that the state quarantine officer may impose for each violation may not exceed:
κ1997 Statutes of Nevada, Page 82 (CHAPTER 40, AB 49)κ
(a) For the first violation, $1,500;
(b) For the second violation, $3,000; and
(c) For each subsequent violation, $5,000.
All fines collected by the state quarantine officer pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
2. The state quarantine officer may:
(a) In addition to imposing an administrative fine pursuant to this section, issue an order requiring a violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the state quarantine officer suspects may have committed flagrant or repeated violations of any provisions of this section and NRS 554.010 to 554.080, inclusive.
3. The state quarantine officer shall adopt such regulations as are necessary to provide for adequate notice and conduct of a hearing required by this section.
Sec. 2. NRS 554.090 is hereby amended to read as follows:
554.090 Any corporation, common carrier, agent or employee of any corporation, or any other person [or persons] violating or assisting in violating any of the provisions of NRS 554.010 to 554.080, inclusive, [shall be] and section 1 of this act, is guilty of a gross misdemeanor [.] and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $5,000, or by both fine and imprisonment. The prosecuting attorney and the division may recover the costs of the proceeding, including investigative costs, against a person convicted of a gross misdemeanor pursuant to this section.
Sec. 3. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 51Committee on Natural Resources, Agriculture, and Mining
CHAPTER 41
AN ACT relating to nurseries; providing for the recovery of certain costs from a defendant convicted of violating certain statutes and regulations; authorizing the administrator of the division of agriculture of the department of business and industry to impose administrative fines for certain violations; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The administrator shall adopt regulations specifying a schedule of administrative fines which may be imposed, upon notice and a hearing, for each violation of the provisions of this section and NRS 555.235 to 555.249, inclusive, or the regulations adopted pursuant thereto.
κ1997 Statutes of Nevada, Page 83 (CHAPTER 41, AB 51)κ
each violation of the provisions of this section and NRS 555.235 to 555.249, inclusive, or the regulations adopted pursuant thereto. The maximum fine that the administrator may impose for each violation may not exceed:
(a) For the first violation, $250;
(b) For the second violation, $500; and
(c) For each subsequent violation, $1,000.
All fines collected by the administrator pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
2. The administrator may:
(a) In addition to imposing an administrative fine pursuant to this section, issue an order requiring a violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person who the administrator suspects may have committed flagrant or repeated violations of any provisions of this section and NRS 555.235 to 555.249, inclusive.
Sec. 2. NRS 555.249 is hereby amended to read as follows:
555.249 Any person violating the provisions of NRS 555.235 to 555.249, inclusive, and section 1 of this act, or the regulations [issued thereunder] adopted pursuant thereto is guilty of a misdemeanor [.] and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. The prosecuting attorney and the division may recover the costs of the proceeding, including investigative costs and attorneys fees, against a person convicted of a misdemeanor pursuant to this section.
Sec. 3. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 52Committee on Natural Resources, Agriculture, and Mining
CHAPTER 42
AN ACT relating to commodities; providing for the recovery of certain costs from a defendant convicted of violating certain statutes and regulations governing weights and measures; authorizing the state sealer of weights and measures to impose administrative fines for certain violations of such statutes and regulations; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 581 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state sealer of weights and measures shall adopt regulations specifying a schedule of administrative fines that may be imposed, upon notice and a hearing, for each violation of the provisions of this chapter, or the regulations adopted pursuant thereto.
κ1997 Statutes of Nevada, Page 84 (CHAPTER 42, AB 52)κ
the regulations adopted pursuant thereto. The maximum fine that the state sealer of weights and measures may impose for each violation may not exceed:
(a) For the first violation, $250;
(b) For the second violation, $500; and
(c) For each subsequent violation, $1,000.
All fines collected by the state sealer of weights and measures pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
2. The state sealer of weights and measures may:
(a) In addition to imposing an administrative fine pursuant to this section, issue an order requiring a violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the state sealer of weights and measures suspects may have committed flagrant or repeated violations of any provision of this chapter.
Sec. 2. NRS 581.450 is hereby amended to read as follows:
581.450 [1.] Except as otherwise provided in this chapter, any person who violates any of the provisions of this chapter or any of the rules or regulations [lawfully promulgated under the provisions of this chapter shall be] adopted pursuant thereto is guilty of a misdemeanor [.
2. Any person who violates any of the provisions of this chapter or any of the rules or regulations lawfully promulgated under the provisions of this chapter shall also be liable in damages to the person injured by his violation in treble the amount of the property wrongfully taken or not given, and $20 in addition thereto, to be recovered in a court of competent jurisdiction.
3. The selling and delivery of any commodity or article of merchandise shall be prima facie evidence of the representation on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee.] and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. The prosecuting attorney and the division may recover the costs of the proceeding, including investigative costs and attorneys fees, against a person convicted of a misdemeanor pursuant to this section.
Sec. 3. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 85κ
Assembly Bill No. 101Committee on Judiciary
CHAPTER 43
AN ACT relating to traffic laws; providing an additional penalty under certain circumstances for the operation of a vehicle in violation of weight limitations; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.757 is hereby amended to read as follows:
484.757 1. [Every] Except as otherwise provided in subsection 5, a person convicted of a violation of any limitation of weight imposed by NRS 484.739 to 484.755, inclusive, shall be punished by a fine as specified in the following table:
Pounds of Excess Weight Fine
1 to 1,500............................................................................................................... $10
1,501 to 2,500................................................. 1 cent per pound of excess weight
2,501 to 5,000............................................... 2 cents per pound of excess weight
5,001 to 7,500............................................... 4 cents per pound of excess weight
7,501 to 10,000............................................. 6 cents per pound of excess weight
10,001 and over............................................ 8 cents per pound of excess weight
2. If the resulting fine is not a whole number of dollars, the nearest whole number above the computed amount must be imposed as the fine.
3. The fines provided in this section are mandatory, must be collected immediately upon a determination of guilt [,] and must not be reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for in this section.
5. A person convicted of a violation of a limitation of weight imposed by NRS 484.739 to 484.755, inclusive, shall be punished by a fine that is equal to twice the amount of the fine specified in subsection 1 if that violation occurred on or after February 1 but before May 1. This subsection does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
Sec. 2. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
________
κ1997 Statutes of Nevada, Page 86κ
Assembly Bill No. 105Committee on Commerce
CHAPTER 44
AN ACT relating to the state board of architecture, interior design and residential design; authorizing the board to impose a continuing education requirement on registrants; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 623 of NRS is hereby amended by adding thereto a new section to read as follows:
The board may, by regulation, require each architect, interior designer or residential designer who holds a certificate of registration pursuant to the provisions of this chapter to complete not more than 12 hours of continuing education as a condition to the renewal of his certificate.
Sec. 2. NRS 623.250 is hereby amended to read as follows:
623.250 1. Each architect, registered interior designer or residential designer who holds a certificate of registration pursuant to the provisions of this chapter shall, before or during the month of December of each year preceding a biennium during which he desires to continue the practice of architecture, interior design or residential design, submit a renewal fee pursuant to the provisions of this chapter and proof of compliance with all of the requirements established by the board for continuing education for [a] the renewal of the certificate.
2. Upon receipt of the renewal fee [,] and proof satisfactory to the board of compliance with all of the requirements established by the board for continuing education, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration is renewed for the term of a biennium. The certificate renewal card must bear a serial number and the signature or a facsimile thereof of the secretary of the board or the executive director and must bear the seal of the board.
3. The renewal must be recorded, together with its serial number, by the secretary of the board in the official register of the board pursuant to NRS 623.230.
Sec. 3. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 87κ
Assembly Bill No. 106Committee on Commerce
CHAPTER 45
AN ACT relating to employment; clarifying the provisions governing the qualifications of employees of private investigators and other persons licensed by the private investigators licensing board; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 648.060 is hereby amended to read as follows:
648.060 1. No person may:
(a) Engage in the business of private investigator, private patrolman, process server, repossessor, dog handler, security consultant, or polygraphic examiner or intern; or
(b) Advertise his business as such, irrespective of the name or title actually used,
unless he is licensed pursuant to this chapter.
2. No person may be employed by a licensee unless [he] the person holds a work card issued by the sheriff of the county in which the work is to be performed. The provisions of this subsection do not apply to a person licensed pursuant to this chapter.
3. A person licensed pursuant to this chapter may employ only another licensee, or a nonlicensed person who:
(a) Is at least 18 years of age.
(b) Is a citizen of the United States or lawfully entitled to remain and work in the United States.
(c) Is of good moral character and temperate habits.
(d) Has not been convicted of a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon.
Sec. 2. NRS 648.1405 is hereby repealed.
Sec. 3. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 88κ
Assembly Bill No. 107Committee on Commerce
CHAPTER 46
AN ACT relating to civil penalties; clarifying the procedure for imposing a civil penalty for a violation of the provisions governing the practice of architecture, interior design and residential design; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 623.365 is hereby amended to read as follows:
623.365 In addition to any other civil penalty provided by law, a person who violates any provision of this chapter or any regulation adopted by the board is subject to a civil penalty of not more than $10,000 for each violation. Any such penalty must be imposed by the board at a hearing for which written notice has been given [pursuant to 623.280.] not less than 30 days before the hearing.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 108Committee on Commerce
CHAPTER 47
AN ACT relating to interior design; requiring the state board of architecture, interior design and residential design to adopt regulations governing the issuance of certificates to practice interior design; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 623.140 is hereby amended to read as follows:
623.140 1. In November of each year, the board shall meet to organize and elect officers as provided in this chapter.
2. The board shall : [also:]
(a) Adopt regulations governing the examination of applicants for certificates to practice architecture , interior design or residential design in this state.
(b) Adopt such other regulations as may be necessary and proper, not inconsistent with this chapter.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 89κ
Assembly Bill No. 127Committee on Government Affairs
CHAPTER 48
AN ACT relating to the City of Henderson; requiring the city to retain a certain amount of the deposit accompanying an offer to purchase, lease or exchange real property owned by the city under certain circumstances; repealing the authority of the city council to license greyhound racing; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2.320 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2210, is hereby amended to read as follows:
Sec. 2.320 Sale, lease, exchange of [city-owned land:] real property owned by the city: Procedure; disposition of proceeds.
1. Subject to the provisions of this section, the city may sell, lease or exchange real property in Clark County, Nevada, acquired by the city pursuant to federal law from the United States of America.
2. Except as otherwise provided in subsection 3:
(a) The city may sell, lease or exchange real property only by resolution. Following the adoption of a resolution to sell, lease or exchange, the city council shall cause a notice of its intention to sell, lease or exchange the real property to be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city. The notice must be published at least 30 days before the date set by the city council for the sale, lease or exchange, and must state:
(1) The date, time and place of the proposed sale, lease or exchange.
(2) The place where and the time within which applications and deposits may be made by prospective purchasers or lessees.
(3) Such other information as the city council desires.
(b) Applications or offers to purchase, lease or exchange pursuant to the notice required in paragraph (a) must be in writing, must not be accepted by the city council for consideration before the date of publication of the notice [,] and must be accompanied by a deposit of not less than 1 percent of the total offer to purchase. If a lease, sale or exchange is not consummated [,] because:
(1) The city refuses or is unable to consummate the lease, sale or exchange, the deposit must be refunded.
(2) The person who made the application or offer to lease, buy or exchange refuses or is unable to consummate the lease, sale or exchange, the city shall retain an amount of the deposit that does not exceed 5 percent of the total offer to purchase.
3. The city council may waive the requirements of subsection 2 for any lease of residential property that is for a term of 1 year or less.
κ1997 Statutes of Nevada, Page 90 (CHAPTER 48, AB 127)κ
4. The city council shall not make a lease for a term of 3 years or longer [nor] or enter into a contract for the sale or exchange of real property until after the property has been appraised by one disinterested appraiser employed by the city council. Except as otherwise provided in subsections 7 and 8, it must be the policy of the city council to require that all such [leases,] sales , leases or exchanges [,] be made at or above the current appraised value as determined by the appraiser unless the city council, in a public hearing held before the adoption of the resolution to [lease,] sell , lease or exchange the property, determines by affirmative vote of not fewer than two-thirds of the entire city council based upon specified findings of fact that a lesser value would be in the best interest of the public. For the purposes of this subsection, an appraisal is not considered current if it is more than 3 years old.
5. It must be the policy of the city council to [lease,] sell , lease and exchange real property in a manner that will result in the maximum benefit accruing to the city from the sales, leases and exchanges. The city council may attach any condition to the sale, lease or exchange as appears to the city council to be in the best interests of the city.
6. The city council may sell unimproved real property owned by the city on a time payment basis. The down payment must be in an amount determined by the city council, and the interest rate must be in an amount determined by the city council, but must not be less than 6 percent per annum on the declining balance.
7. Notwithstanding the provisions of subsection 4, the city council may dispose of any real property belonging to the city to the United States of America, the State of Nevada, Clark County, any other political subdivision of the state, or any quasi-public or nonprofit entity for a nominal consideration whenever the public interest requires such a disposition. In any such case, the consideration paid must equal the cost of the acquisition to the city.
8. The city council may sell, lease or exchange real property for less than its appraised value to any person who maintains or intends to maintain a business within the boundaries of the city which is eligible pursuant to NRS 374.357 for an abatement from the sales and use taxes imposed pursuant to chapter 374 of NRS.
9. Proceeds from all sales and exchanges of [city-owned] real property [,] owned by the city, after deduction of the cost of the real property, reasonable costs of publication, title insurance, escrow and normal costs of sale, must be placed in the land fund previously created by the city in the city treasury and hereby continued. Except as otherwise provided in subsection 10, money in the land fund may be expended only for:
(a) Acquisition of [fixed assets, which means acquisition of] assets of a long-term character which are intended to continue to be held or used, such as land, buildings, machinery, furniture, computer software and other equipment.
(b) Capital improvements of improvements thereon.
κ1997 Statutes of Nevada, Page 91 (CHAPTER 48, AB 127)κ
(c) Expenses incurred in the preparation of a long-term comprehensive master planning study and any expenses incurred in the master planning of the city.
(d) All costs, including salaries, for administration of the land fund, and the land within the city.
(e) Expenses incurred in making major improvements and repairs to the water, sewer and street systems as differentiated from normal maintenance costs.
Money received from leases of [city-owned] real property owned by the city must be placed in the land fund if the term of lease is 20 years or longer, whether the 20 years is for an initial term of lease or for an initial term and [any] an option for renewal. Money received by the city from all other leases and interest on time payment sales of [city-owned] real property owned by the city must be apportioned in the ratio of 20 percent to current operational expenses of the city, 20 percent to the land fund, and 60 percent divided between the land fund and current operational expenses as determined by the council.
10. If available, money in the land fund may be borrowed by the city pursuant to the provisions of NRS 354.430 to 354.460, inclusive.
Sec. 2. Section 2.330 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2212, is hereby repealed.
Sec. 3. This act becomes effective on July 1, 1997.
________
Assembly Bill No. 130Committee on Transportation
CHAPTER 49
AN ACT relating to vehicles; requiring a vehicle dealer to designate a location in each county in which he conducts business as his principal place of business for that county; requiring a vehicle dealer who changes the name or location of his business to submit to the department of motor vehicles and public safety certain documentation; revising the provisions governing the maintenance and inspection of the business records of vehicle dealers and brokers; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.326 is hereby amended to read as follows:
482.326 1. A vehicle dealer shall inform the department of the location of each place at which he conducts any business, and the name under which he does business at each location.
2. If a vehicle dealer does business at more than one location, he shall designate one location in each county in which he does business as his principal place of business for that county and one name as the principal name of his business. He shall designate all of his other business locations not otherwise designated as a principal place of business pursuant to this subsection as branches.
κ1997 Statutes of Nevada, Page 92 (CHAPTER 49, AB 130)κ
3. If a vehicle dealer changes the name or location of any of his established places of business, he shall [notify] , not later than 10 days after making the change, submit to the department [of the change within 10 days.] such documents relating to the change as the department by regulation requires.
Sec. 2. NRS 482.3263 is hereby amended to read as follows:
482.3263 1. [Every dealer and broker] A dealer shall keep his books and records for all locations at which he does business within a county at his principal place of business [and shall permit] in that county. A broker shall keep his books and records at his principal place of business.
2. Each dealer and broker shall:
(a) Permit any authorized agent of the director or the State of Nevada to inspect and copy [them] the books and records during usual business hours [.
2.] ; or
(b) Not later than 3 business days after receiving a request from such a person for the production of the books and records or any other information, provide the requested books, records and other information to the person at the location specified in the request.
3. A dealer or broker shall retain his books and records for 3 years after he ceases to be licensed as a dealer or broker.
________
Assembly Bill No. 230Committee on Ways and Means
CHAPTER 50
AN ACT making a supplemental appropriation to the Commission on Economic Development for the additional costs of the Train Employees Now program; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Commission on Economic Development the sum of $400,000 for the additional costs of the Train Employees Now program. This appropriation is supplemental to that made by section 15 of chapter 446, Statutes of Nevada 1995, at page 1386.
Sec. 2. Any remaining balance of the supplemental 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.
________
κ1997 Statutes of Nevada, Page 93κ
Assembly Bill No. 393Assemblymen Dini, Evans, Marvel, Neighbors, Von Tobel, Berman, Amodei, Goldwater, Anderson, Lambert, Parks, Koivisto, Lee, Gustavson, Sandoval, Mortenson, Collins, Hettrick, Arberry, Williams, Buckley, Humke, Nolan, Price, Braunlin, Perkins, Chowning, Herrera, Hickey, de Braga, Bache, Tiffany, Segerblom, Ohrenschall, Freeman, Manendo, Ernaut, Carpenter, Close, Krenzer, Giunchigliani and Cegavske
CHAPTER 51
AN ACT relating to Native Americans; revising the provisions relating to the commemorative day for Native Americans; and providing other matters properly relating thereto.
[Approved May 2, 1997]
Whereas, Few of us are aware of the many contributions that Native Americans have made to this countrys culture; and
Whereas, Many political concepts, such as federalism, the separation of political and military leaders, the process of admitting new states to the union rather than keeping them as colonies, modern notions of democracy based on egalitarian principles and the recognition of the importance of independence, were concepts admittedly borrowed from the sophisticated League of Iroquois and other Indian nations by such writers as Thomas Payne, Benjamin Franklin and Alexis de Tocqueville; and
Whereas, Native Americans selected and planted individual seeds, rather than broadcasting handfuls across prepared fields, leading to the development of hundreds of varieties of each plant and to the further development of the process known as hybridization, previously unknown to the immigrants and resulting in an agricultural revolution that improved the quality of life for future Americans; and
Whereas, Native Americans are sometimes credited during Thanksgiving for the native turkey, cranberry, squash, sweet potatoes and succotash, but relatively few persons know that the Native Americans gave us many other American foods, including snack foods such as popcorn, potato chips, french fries, dried jerky and salsa; and
Whereas, The fundamental regard held by Native Americans for plants and herbs produced remarkable early advancements in the areas of medicine and pharmacology, including the precursors of aspirin, petroleum jelly and ipecac, as well as cures for scurvy, constipation and malaria; and
Whereas, Native Americans were the original architects and pathfinders in this country, but too often the only remaining remnant of their contributions is an occasional Native American name such as Massachusetts, Nantucket, Roanoke, Chicago, Minnesota, Utah and Dakota; and
Whereas, Articulate Native American leaders such as Chief Seattle, Chief Osceola and Chief Joseph are occasionally noted in literature, but rarely do Nevadans recognize the incredible influence that Nevadas own Paiute leader, Wovoka, had throughout the Indian nations and on American history, nor do we fully appreciate the achievements of Sarah Winnemucca as a novelist, linguist, traveler, speaker, cavalry scout and negotiator, making her a true feminist trailblazer of the first order; and
κ1997 Statutes of Nevada, Page 94 (CHAPTER 51, AB 393)κ
as a novelist, linguist, traveler, speaker, cavalry scout and negotiator, making her a true feminist trailblazer of the first order; and
Whereas, These contributions in political thought, agriculture, culinary arts, medicine and leadership are but a few examples demonstrating the lasting influences that the Native Americans have made on the present American culture; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 236.040 is hereby amended to read as follows:
236.040 The governor of this state is authorized and requested to issue annually a proclamation designating the:
1. Third week of July as Nevada All-Indian Stampede Days to be celebrated in Fallon, Nevada; and
2. Fourth Friday of September as [Nevada Indian] Native American Day,
in commemoration of the Indian people and their efforts to maintain their culture, customs and traditions [.] and in recognition of the many contributions of Native Americans to the economic and cultural heritage of all residents of the United States.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 10Senator Rhoads
CHAPTER 52
AN ACT relating to elections; requiring a candidate for certain partisan offices who receives a majority of the votes in a primary election to be declared the nominee for such an office; requiring the name of that candidate to be placed on the ballot for the general election; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.260 is hereby amended to read as follows:
293.260 1. Where there is no contest for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.
2. If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.
3. If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office.
κ1997 Statutes of Nevada, Page 95 (CHAPTER 52, SB 10)κ
4. If only one major political party has candidates for a particular office [,] and no minor political party has nominated a candidate for the office:
(a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes [at] in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his name must be placed on the ballot for the general election.
(b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.
5. Where no more than the number of candidates to be elected have filed for nomination for any office, the names of those candidates must be omitted from all ballots for a primary election or primary city election and placed on all ballots for a general election or general city election.
6. If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election or primary city election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.
________
Senate Bill No. 106Committee on Commerce and Labor
CHAPTER 53
AN ACT relating to manufactured housing; revising the grounds for disciplinary actions against licensees of the manufactured housing division of the department of business and industry; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon a finding that a licensed dealer knew, or by the exercise of reasonable care and diligence should have known, of any unlawful act or violation of a provision of this chapter by a salesman, rebuilder, installer or serviceman who is employed by or associated with the licensed dealer, the division may suspend or revoke the license of the licensed dealer and impose a fine upon him of not more than $1,000.
2. Upon a finding that a licensed dealer failed to maintain adequate supervision of a salesman, rebuilder, installer or serviceman who, while employed by or associated with the licensed dealer, committed any unlawful act or violated a provision of this chapter, the division may suspend or revoke the license of a licensed dealer and impose a fine upon him of not more than $1,000.
κ1997 Statutes of Nevada, Page 96 (CHAPTER 53, SB 106)κ
act or violated a provision of this chapter, the division may suspend or revoke the license of a licensed dealer and impose a fine upon him of not more than $1,000.
Sec. 2. NRS 489.381 is hereby amended to read as follows:
489.381 The division may impose an administrative fine of not more than [$500] $1,000 per violation, and may deny, suspend or revoke any license issued under this chapter or reissue the license subject to reasonable conditions upon any of the grounds set forth in NRS 489.391 to 489.421, inclusive, which constitute grounds for disciplinary action. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the division.
Sec. 3. NRS 489.391 is hereby amended to read as follows:
489.391 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Except for a salesman, failure of the applicant to have an established place of business [.] or conducting business from a location that is not authorized by the division.
2. Financial insolvency of the applicant or licensee.
3. Material misstatement in the application or otherwise furnishing false information to the division.
4. Failure of a salesman or applicant for licensing as a salesman to establish by proof satisfactory to the division that he is employed by a licensed dealer or rebuilder.
5. Failure of an applicant for a license to provide proof satisfactory to the division of his good character and reputation and of his fitness to engage in the activities for which the license is sought.
6. Any conduct before licensing which was in fact unknown to the division and would have been grounds for denial of a license had the division been aware of the conduct.
7. Obtaining or disclosing the contents of an examination given by the division.
Sec. 4. NRS 489.401 is hereby amended to read as follows:
489.401 The following grounds, among others, constitute grounds for disciplinary action pursuant to NRS 489.381:
1. The intentional publication, circulation or display of any advertising which constitutes a deceptive trade practice as that term is defined in NRS 598.0915 to 598.0925, inclusive.
2. Failure to include in any advertising the name of the licensed dealer, rebuilder, serviceman or installer, or the name under which he is doing business.
3. Making any substantial misrepresentation or false promise which is likely to influence, persuade or induce, or continually failing to fulfill promises to sell, breaching agreements or contracts or making false promises by any means.
4. Failure to disclose all terms and conditions of a sale, purchase or lease or offer to sell, purchase or lease a manufactured home, mobile home or commercial coach.
5. Failure to disclose to a person with whom the licensed dealer is dealing with regard to the sale, purchase or lease of a manufactured home any material facts, structural defects or other material information which the licensed dealer knew, or which by the exercise of reasonable care and diligence should have known, concerning the manufactured home or concerning the sale, purchase or lease of the manufactured home.
κ1997 Statutes of Nevada, Page 97 (CHAPTER 53, SB 106)κ
any material facts, structural defects or other material information which the licensed dealer knew, or which by the exercise of reasonable care and diligence should have known, concerning the manufactured home or concerning the sale, purchase or lease of the manufactured home.
6. Failure to comply with the provisions of NRS 489.595.
[6.] 7. Representing to any lender, guaranteeing agency or other interested party, orally or through the preparation of false documents:
(a) An amount in excess of the actual sales price;
(b) A false amount as the down payment, earnest money deposit or other valuable consideration;
(c) Terms differing from those actually agreed upon; or
(d) False information on a credit application.
[7.] 8. Inducing an applicant to falsify his credit application.
[8.] 9. Failure to obtain from the holder of any lien or security interest in a manufactured home, mobile home or commercial coach, within 10 days before the closure of a sale of the manufactured home, mobile home or commercial coach, a written acknowledgment that the holder of the lien or security interest has received written notification of the sale.
Sec. 5. NRS 489.411 is hereby amended to read as follows:
489.411 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Claiming, demanding or receiving a fee, compensation or commission under any exclusive agreement, authorizing or employing a licensee to sell, buy or exchange a manufactured home, mobile home or commercial coach for compensation or commission, where the agreement does not contain a definite specified date of final and complete termination, does not set forth the terms and conditions of the exclusive agreement or is not signed by both the licensee and the owner.
2. While the employee, agent or fiduciary of a licensee, soliciting, accepting or agreeing to accept any benefit, fee, commission or compensation for the performance of any of the acts specified in this chapter from any person except the licensee with whom he is associated or employed.
3. Paying a commission or other compensation to any person or employing any person for performing the services of a person required to be licensed under this chapter who has not first secured his license pursuant to this chapter.
4. Commingling the money or other property of his principals with his own or converting the money of others to his own use.
5. Knowingly permitting a person whose license has been revoked or suspended or who does not hold a valid license to engage on behalf of the licensed dealer in acts that require a license.
6. In the case of a salesman, failing to give to the licensed dealer by whom the salesman is employed, as soon as practicable after receipt, a deposit or other money or consideration entrusted to him by a person dealing with the salesman as a representative of the licensed dealer.
7. Failing within a reasonable time to account for or to remit any money coming into his possession which belongs to others.
κ1997 Statutes of Nevada, Page 98 (CHAPTER 53, SB 106)κ
[6.] 8. Failure or refusal by a licensee to pay or otherwise discharge any final judgment rendered and entered against him which arises out of the conduct of his business licensed under this chapter.
9. Acting in the dual capacity of agent and undisclosed principal in a transaction.
Sec. 6. NRS 489.416 is hereby amended to read as follows:
489.416 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Workmanship which:
(a) Is not commensurate with standards of the trade in general;
(b) Is below standards adopted by the division or the standards determined by the edition of the Uniform Building Code, Uniform Plumbing Code or the National Electrical Code, respectively, in effect on July 1, 1983; or
(c) Endangers the life and safety of an occupant of a manufactured home, mobile home or commercial coach.
2. Failure to honor any warranty or other guarantee given by a licensee for workmanship or material as a condition of securing a contract, or of selling, leasing, reconstructing, improving, repairing or installing any manufactured home, mobile home, commercial coach or accessory structure.
3. Gross negligence or incompetence in performing an act for which a license is required pursuant to this chapter.
Sec. 7. NRS 489.421 is hereby amended to read as follows:
489.421 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Revocation or denial of a license issued pursuant to this chapter or an equivalent license in any other state, territory or country.
2. Failure of the licensee to maintain any other license required by any political subdivision of this state.
3. Failure to respond to a notice served by the division as provided by law within the time specified in the notice.
4. Failure to take the corrective action required in a notice of violation issued pursuant to NRS 489.291.
5. Failure or refusing to permit access by the administrator to documentary materials set forth in NRS 489.231.
[5.] 6. Disregarding or violating any order of the administrator, any agreement with the division, or any provision of this chapter or any regulation adopted under it.
[6.] 7. Conviction of a misdemeanor for violation of any of the provisions of this chapter.
[7.] 8. Conviction of or entering a plea of guilty, guilty but mentally ill or nolo contendere to a felony or a crime of moral turpitude in this state or any other state, territory or country.
9. Any other conduct that constitutes deceitful, fraudulent or dishonest dealing.
________
κ1997 Statutes of Nevada, Page 99κ
Senate Bill No. 63Committee on Transportation
CHAPTER 54
AN ACT relating to drivers licenses; authorizing the issuance of a temporary license that does not contain the photograph of the licensee under certain circumstances; limiting the circumstances under which a licensee may be convicted for failing to surrender such a license; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.347 is hereby amended to read as follows:
483.347 1. [The] Except as otherwise provided in subsection 2, the department shall issue a drivers license which:
(a) Bears a front view colored photograph of the licensee if he is 21 years of age or older, or a profile view colored photograph if he is under 21 years of age; and
(b) May be obtained immediately by any applicant upon qualifying therefor, unless the applicants current driving record is not immediately available at the issuing office.
2. The department may issue a temporary drivers license without a photograph of the licensee if the licensee is temporarily absent from this state and requests the renewal of, the issuance of a duplicate of, or a change in the information on, his drivers license. If the licensee returns to this state for 14 continuous days or more, the licensee shall, within 24 days after the date of his return, surrender the temporary license and obtain a license which bears his photograph in accordance with subsection 1. However, a licensee charged with violating the provisions of this subsection may not be convicted if he surrenders the temporary license, obtains a license which bears his photograph in accordance with subsection 1 and produces that license in court or in the office of the arresting officer.
3. The department shall:
(a) Establish a uniform procedure for the production of [those] drivers licenses, applicable to renewal as well as to original licenses.
(b) Increase the fees provided in NRS 483.410, 483.820 and 483.910 by an amount up to $1. The increase must be deposited in the state treasury for credit to the motor vehicle fund and must be allocated to the department to defray the increased costs of license production required by this section.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 100κ
Senate Bill No. 64Committee on Transportation
CHAPTER 55
AN ACT relating to traffic laws; exempting certain combinations of vehicles from provisions governing maximum lengths and loads; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.739 is hereby amended to read as follows:
484.739 1. Except as otherwise provided in subsection 2, the length of a bus may not exceed 45 feet and the length of a motortruck may not exceed 40 feet.
2. A passenger bus which has three or more axles and two sections joined together by an articulated joint with a trailer which is equipped with a mechanically steered rear axle may not exceed a length of 65 feet.
3. Except as otherwise provided in subsections 4 [and 7,] , 7 and 9, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.
4. The department of transportation, by regulation, shall provide for the operation of combinations of vehicles in excess of 70 feet in length, but in no event exceeding 105 feet. The regulations must establish standards for the operation of such vehicles which must be consistent with their safe operation upon the public highways and must include:
(a) Types and number of vehicles to be permitted in combination;
(b) Horsepower of a motortruck;
(c) Operating speeds;
(d) Braking ability; and
(e) Driver qualifications.
The operation of such vehicles is not permitted on highways where, in the opinion of the department of transportation, their use would be inconsistent with the public safety because of a narrow roadway, excessive grades, extreme curvature or vehicular congestion.
5. Combinations of vehicles operated under the provisions of subsection 4 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the department of transportation, carry loads not to exceed the values set forth in the following formula: W=500 [LN/(N-1) + 12N + 36], wherein:
(a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;
(b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
(c) N equals the number of axles in the group under consideration.
The distance between axles must be measured to the nearest foot. [When] If a fraction is exactly one-half foot , the next largest whole number must be used. The permits may be restricted in such manner as the department of transportation considers necessary and may, at the option of the department, be canceled without notice.
κ1997 Statutes of Nevada, Page 101 (CHAPTER 55, SB 64)κ
be canceled without notice. No such permits may be issued for operation on any highway where that operation would prevent [the] this state from receiving federal money for highway purposes.
6. Upon approving an application for a permit to operate combinations of vehicles [under the provisions of] pursuant to subsection 5, the department of transportation shall withhold issuance of the permit until the applicant has furnished proof of compliance with the provisions of NRS 706.531.
7. The load upon any motor vehicle operated alone, or the load upon any combination of vehicles, must not extend beyond the front or the rear of the vehicle or combination of vehicles for a distance of more than 10 feet, or a total of 10 feet both to the front or the rear, and a combination of vehicles and load thereon may not exceed a total of 75 feet without having secured a permit pursuant to subsection 4 or [to] NRS 484.737. The provisions of this subsection do not apply to the booms or masts of shovels, cranes or water well drilling and servicing equipment carried upon a vehicle if:
(a) The booms or masts do not extend by a distance greater than two-thirds of the wheelbase beyond the front tires of the vehicle.
(b) The projecting structure or attachments thereto are securely held in place to prevent dropping or swaying.
(c) No part of the structure which extends beyond the front tires is less than 7 feet from the roadway.
(d) The drivers vision is not impaired by the projecting or supporting structure.
8. Lights and other warning devices which are required to be mounted on a vehicle [under] pursuant to this chapter must not be included in determining the length of a vehicle or combination of vehicles and the load thereon.
9. This section does not apply to:
(a) Vehicles used by a public utility for the transportation of poles;
(b) A combination of vehicles consisting of a truck tractor drawing a semitrailer that does not exceed [48] 53 feet in length; [or]
(c) A combination of vehicles consisting of a truck tractor drawing a semitrailer and a trailer, neither of which exceeds 28 1/2 feet in length [.] ; or
(d) A combination of vehicles consisting of a truck tractor drawing no more than three saddle-mounted vehicles and one full-mounted vehicle that does not exceed 75 feet in length.
10. As used in this section:
(a) Full-mounted vehicle means a smaller vehicle mounted completely on the frame of a saddle-mounted vehicle.
(b) Saddle-mounted vehicle means a vehicle forming part of a combination of vehicles used in a driveaway-towaway operation that is connected by a saddle mount to the frame or fifth-wheel coupling of the vehicle in front of it.
________
κ1997 Statutes of Nevada, Page 102κ
Senate Bill No. 88Committee on Commerce and Labor
CHAPTER 56
AN ACT relating to public utilities; authorizing certain law enforcement officers to issue a subpoena during an investigation to obtain certain information from a public utility; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.201 is hereby amended to read as follows:
704.201 1. To further a criminal or civil investigation, the chief executive officer of [any] a law enforcement agency of this state or a command officer designated by him may [submit a written request] issue a subpoena to a public utility [that] for the name and address of a person listed in the records of the customers of the public utility . [be disclosed to the agency.]
2. The [request] subpoena must:
(a) If available, contain the social security number of the person about whom the [request] subpoena is made;
(b) Contain a statement that the [request] subpoena is made to further a criminal or civil investigation being conducted by the agency; and
(c) Be signed by the chief executive officer of the law enforcement agency or the command officer he has designated.
3. As used in this section, command officer means an officer in charge of a department, division or bureau of the law enforcement agency.
Sec. 2. NRS 704.202 is hereby amended to read as follows:
704.202 1. Upon receipt of a [request] subpoena by a law enforcement agency pursuant to NRS 704.201, a public utility shall disclose the name and address of the person listed in the records of customers of the public utility to the agency.
2. The public utility may charge a reasonable fee for any administrative expense related to the disclosure.
3. A disclosure made in good faith pursuant to subsection 1 does not give rise to any action for damages for the disclosure of the name and address of a customer by a public utility.
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 103κ
Senate Bill No. 146Senator Mathews
CHAPTER 57
AN ACT relating to government finances; including property held in trust for an Indian tribe in determining basic ad valorem revenue for the distribution of the supplemental city-county relief tax; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall distribute monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, except as otherwise provided in subsection 2 [:] , to:
(a) [For] Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, [distribute to each county] an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:
(1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state businesses, from the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or
(2) Except as otherwise provided in this paragraph, the percentage change in the population of the county, as certified by the governor pursuant to NRS 360.285, added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,
whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection 10. If the United States Bureau of the Census issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, the percentage change calculated pursuant to subparagraph (2) for the ensuing fiscal year must be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.
(b) [For all] All other counties, [distribute] the amount remaining after making the distributions required by paragraph (a) to each [county] of these counties in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.
2. If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for the 12 most recent months for which information concerning the actual amount collected is available on February 15 of any year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same period, the state controller shall distribute that countys portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.
κ1997 Statutes of Nevada, Page 104 (CHAPTER 57, SB 146)κ
the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.
3. A county which, pursuant to subsection 2, is required to have its portion of the proceeds from the supplemental city-county relief tax distributed pursuant to paragraph (b) of subsection 1 [,] may file a request with the Nevada tax commission for a waiver of the requirements of subsection 2. The request must be filed on or before February 20 next preceding the fiscal year for which the county will first receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 [,] and must be accompanied by evidence which supports the granting of the waiver. The commission shall grant or deny a request for a waiver on or before March 10 next following the timely filing of the request. If the commission determines that the increase in the amount of supplemental city-county relief tax collected in the county was primarily caused by:
(a) Nonrecurring taxable sales, it shall grant the request.
(b) Normal or sustainable growth in taxable sales, it shall deny the request.
A county which is granted a waiver pursuant to this subsection is not required to obtain a waiver in any subsequent fiscal year to continue to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 unless the amount of supplemental city-county relief tax collected in the county in a fiscal year again exceeds the threshold established in subsection 2.
4. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district created to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.
5. As used in this section, the basic ad valorem revenue of each local government, except as otherwise provided in subsection 6 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
κ1997 Statutes of Nevada, Page 105 (CHAPTER 57, SB 146)κ
6. For the purposes of determining basic ad valorem revenue, the assessed valuation of a [fire] :
(a) Fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
[(a)] (1) The Santini-Burton Act, Public Law 96-586; or
[(b)] (2) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
(b) Local government includes property which was transferred from private ownership, after July 1, 1997, to property held in trust for an Indian tribe pursuant to the provisions of the Indian Reorganization Act, 25 U.S.C. §§ 461 et seq.
7. On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.
8. On or before March 15 of each year, the executive director shall:
(a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and
(b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
9. A local government may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.
10. The minimum amount which may be distributed to the following counties in a month pursuant to paragraph (a) of subsection 1 is as follows:
Douglas............................................................................................................. 580,993
Esmeralda............................................................................................................. 3,093
Lander................................................................................................................. 55,106
Lincoln.................................................................................................................. 2,973
Lyon.................................................................................................................... 56,858
Mineral.................................................................................................................. 8,299
Nye......................................................................................................................... 6,609
Pershing................................................................................................................. 6,731
Storey.................................................................................................................... 9,914
White Pine.......................................................................................................... 58,863
11. As used in this section, unless the context otherwise requires:
(a) Local government includes a fire protection district organized pursuant to chapter 473 of NRS.
(b) Local government does not include the Nevada rural housing authority.
Sec. 2. This act becomes effective on July 1, 1997.
________
κ1997 Statutes of Nevada, Page 106κ
Senate Bill No. 179Committee on Finance
CHAPTER 58
AN ACT making an appropriation to the special account for intergovernmental activities for expenses related to the 1998 Annual Meeting of the National Conference of State Legislatures in Las Vegas; requiring repayment of the appropriated money after the conference is held; and providing other matters properly relating thereto.
[Approved May 2, 1997]
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 special account for intergovernmental activities, created by NRS 218.641, the sum of $175,000 for use by the Host Committee for expenses related to activities for the 1998 Annual Meeting of the National Conference of State Legislatures in Las Vegas.
Sec. 2. 1. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of the money committed have been made.
2. Any money of the appropriation that does not revert to the state general fund pursuant to subsection 1 must be repaid to the state general fund from the money donated for the annual meeting.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
Senate Bill No. 189Committee on Legislative Affairs and Operations
CHAPTER 59
AN ACT relating to state government; authorizing the legislative auditor to request payment from the department of administration for the cost of conducting a single audit when federal law requires the State of Nevada to conduct such an audit; authorizing the legislative auditor to submit a final audit report to the appropriate federal agency before presenting it to the audit subcommittee; and providing other matters properly relating thereto.
[Approved May 2, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.891 is hereby amended to read as follows:
218.891 1. Each state agency which is awarded a federal grant, a condition of which is the requirement that an audit be conducted to ensure compliance with federal regulations, shall arrange with the legislative auditor for the conducting of the audit and remit to him, upon his request, a sum fixed by him which approximates the cost of the audit. That amount may later be adjusted to the actual cost of the audit.
κ1997 Statutes of Nevada, Page 107 (CHAPTER 59, SB 189)κ
may later be adjusted to the actual cost of the audit. The amount of the cost of the audit which the state agency does not contribute must be paid from the audit contingency account which is hereby created in the legislative fund.
2. If a single audit is required to be conducted pursuant to 31 U.S.C. § 7502, the department of administration shall arrange with the legislative auditor for the conducting of the single audit and remit to him, upon his request, a sum fixed by him which approximates the cost of the audit applicable to the additional federal audit requirements. That cost may later be adjusted to the actual cost of the audit. The costs of the single audit may be included in the statewide cost allocation plan prepared pursuant to NRS 353.331.
3. The legislative auditor shall deposit any sum remitted pursuant to [subsection] subsections 1 and 2 with the state treasurer for credit to the audit contingency account in the legislative fund. Expenditures from the account may be made only to pay the cost of audits described in [subsection 1.] subsections 1 and 2. All vouchers for expenses must be approved by the legislative auditor and paid as other claims against the legislative fund are paid.
Sec. 2. NRS 218.893 is hereby amended to read as follows:
218.893 1. The audit subcommittee shall confer with the legislative auditor to establish standards of performance to be required of a firm chosen to perform an audit. The audit subcommittee shall conduct negotiations with each of the firms recommended for consideration by the legislative auditor and shall select the firm or firms which, in the judgment of the audit subcommittee, are best qualified to meet the standards of performance established. During the negotiations and in making its selection, the audit subcommittee shall consider:
(a) The competency of the firms being considered;
(b) The estimated cost of the services required to conduct the audit; and
(c) The scope and complexity of the services required.
2. Each contract for an audit must be signed by the legislative auditor and an authorized representative of the firm selected to perform the audit. The legislative auditor shall periodically inspect the performance of the firm performing the audit to ensure that the terms of the contract are being complied with.
3. Except as otherwise provided in NRS 218.891 and 218.892 and in this section, the officers and employees of a firm performing an audit shall keep information disclosed by an audit in strict confidence and shall not disclose the contents of an audit before it is presented to the audit subcommittee [.] or submitted to the appropriate federal agency or an entity designated by the federal agency. The officers and employees of the firm have the same rights of access to books, accounts, records, files, correspondence or other documents that the legislative auditor has.
4. At the conclusion of the audit, the firm or firms which have performed the audit shall submit a written report of the audit to the legislative auditor. The legislative auditor shall follow the procedures set forth in NRS 218.821, concerning preliminary audit reports and shall attend, or have a member of his staff attend, the discussion held pursuant to that section.
κ1997 Statutes of Nevada, Page 108 (CHAPTER 59, SB 189)κ
attend, or have a member of his staff attend, the discussion held pursuant to that section.
5. The legislative commission may by regulation provide for the distribution of copies of the written report submitted to the legislative auditor pursuant to subsection 4, to each member of the audit subcommittee before the report is presented to the audit subcommittee pursuant to subsection 6.
6. The legislative auditor shall present the final audit report to the audit subcommittee and thereafter distribute the report or a summary of the report to members of the legislature, other appropriate state officers and the head of the agency audited. If federal law requires the legislative auditor to submit the final audit report to a federal agency or an entity designated by the federal agency, the legislative auditor may submit the report to the federal agency or entity before he presents it to the audit subcommittee.
Sec. 3. This act becomes effective on July 1, 1997.
________
Assembly Bill No. 9Assemblyman Manendo
CHAPTER 60
AN ACT relating to older persons; authorizing a toll-free telephone service to be designated to receive reports of abuse, neglect or exploitation of an older person; requiring an owner or employee of a funeral home or mortuary to make such a report in certain circumstances; increasing the mandatory minimum penalty for certain crimes relating to the abuse of an older person; providing a penalty; and providing other matters properly relating thereto.
[Approved May 9, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. Any person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected or exploited. The report must be made to:
(a) The local office of the welfare or aging services division of the department of human resources;
(b) Any police department or sheriffs office; [or]
(c) The countys office for protective services, if one exists in the county where the suspected action occurred [.] ; or
(d) A toll-free telephone service designated by the aging services division of the department of human resources.
If the report of abuse, neglect or exploitation involves an act or omission of the welfare division, aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
κ1997 Statutes of Nevada, Page 109 (CHAPTER 60, AB 9)κ
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected or exploited:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect or exploitation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect or exploitation from the offender during a confession.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.
(g) Any employee of the department of human resources.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
3. A report may be filed by any other person.
4. Any person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse or neglect shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days.
κ1997 Statutes of Nevada, Page 110 (CHAPTER 60, AB 9)κ
within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.
6. If the investigation of the report results in the belief that the older person is abused, neglected or exploited, the welfare division of the department of human resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
Sec. 2. NRS 200.5099 is hereby amended to read as follows:
200.5099 1. A person who knowingly and willfully violates any of the provisions of NRS 200.5093 is guilty of a misdemeanor.
2. Except as otherwise provided in subsection 6, any person who abuses an older person, causing the older person to suffer unjustifiable physical pain or mental suffering, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year] 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
3. Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person and who:
(a) Neglects the older person, causing the older person to suffer physical pain or mental suffering;
(b) Permits or allows the older person to suffer unjustifiable physical pain or mental suffering; or
(c) Permits or allows the older person to be placed in a situation where the older person may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
4. Except as otherwise provided in subsection 5, any person who exploits an older person shall be punished, if the value of any money, assets and property obtained or used:
(a) Is less than $250, for a misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment;
(b) Is at least $250, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than [1 year] 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or
(c) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than [1 year] 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,
unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.
κ1997 Statutes of Nevada, Page 111 (CHAPTER 60, AB 9)κ
may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.
5. If a person exploits an older person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.
6. A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year] 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
7. A person who violates any provision of subsection 3, if substantial bodily or mental harm or death results to the older person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than [1 year] 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
8. As used in this section:
(a) Allow means to take no action to prevent or stop the abuse or neglect of an older person if the person knows or has reason to know that the older person is being abused or neglected.
(b) Permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person.
Sec. 3. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
________
Assembly Bill No. 34Assemblyman Carpenter
CHAPTER 61
AN ACT relating to estates; eliminating certain fees charged by courts and county clerks for services related to the administration of small estates; and providing other matters properly relating thereto.
[Approved May 12, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 19.013 is hereby amended to read as follows:
19.013 1. Each county clerk shall charge and collect the following fees:
κ1997 Statutes of Nevada, Page 112 (CHAPTER 61, AB 34)κ
On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer........................................................ $56
On an appeal to the district court of any case from a justices court or a municipal court, or on the transfer of any case from a justices court or a municipal court 42
On the filing of a petition for letters testamentary, letters of administration, setting aside an estate without administration, or a guardianship, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:
Where the stated value of the estate is more than [$1,000] $2,500 72
Where the stated value of the estate is [$1,000] $2,500 or less, no fee may be charged or collected.
On the filing of a petition to contest any will or codicil, to be paid by the petitioner 44
On the filing of an objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter....................................... 44
On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them 44
For filing a notice of appeal......................................................................... 24
For issuing a transcript of judgment and certifying thereto................... 3
For preparing any copy of any record, proceeding or paper, for each page 1
For each certificate of the clerk, under the seal of the court................. 3
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate...................................... 5
For filing all papers not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity 15
For issuing any certificate under seal, not otherwise provided for........ 6
For searching records or files in his office, for each year....................... 1
For filing and recording a bond of a notary public, per name............... 15
For entering the name of a firm or corporation in the register of the county clerk 15
2. All fees prescribed in this section are payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 are payment in full for all services rendered by the county clerk in the case for which the fees are paid, including the preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.
κ1997 Statutes of Nevada, Page 113 (CHAPTER 61, AB 34)κ
payment for typing, copying, certifying or exemplifying or authenticating copies.
4. No fee may be charged any attorney at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
5. Each county clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.
Sec. 2. NRS 146.070 is hereby amended to read as follows:
146.070 1. When a person dies leaving an estate, the gross value of which after deducting any encumbrances does not exceed $25,000, and there is a surviving spouse or minor child or minor children of the deceased, the estate must not be administered upon, but the whole thereof, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even though there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.
2. When there is no surviving spouse or minor child of the deceased and the gross value of a decedents estate, after deducting any encumbrances, does not exceed $25,000, upon good cause shown therefor, the judge may order that the estate must not be administered upon but the whole thereof must be assigned and set apart:
First: To the payment of funeral expenses, expenses of last illness, money owed to the department of human resources as a result of payment of benefits for assistance to the medically indigent, and creditors, if there are any; and
Second: Any balance remaining to the claimant or claimants entitled thereto.
3. All proceedings taken under this section, whether or not the decedent left a will, must be originated by a verified petition containing:
(a) A specific description of all of the decedents property.
(b) A list of all the liens [,] and encumbrances of record at the date of his death.
(c) An estimate of the value of the property.
(d) A statement of the debts of the decedent so far as known to the petitioner.
(e) The names, ages and residences of the decedents heirs, devisees and legatees.
The petition may include a prayer that if the court finds the gross value of the estate, less encumbrances, does not exceed $25,000, the estate be set aside as provided in this section.
4. The petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedents heirs, devisees and legatees and to the welfare division of the department of human resources. The notice must include a statement that a prayer for setting aside the estate to the spouse, or minor child or minor children, as the case may be, is included in the petition.
κ1997 Statutes of Nevada, Page 114 (CHAPTER 61, AB 34)κ
to the spouse, or minor child or minor children, as the case may be, is included in the petition.
5. No court or clerks fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding [$1,000] $2,500 in value.
6. If the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of $25,000, the court may direct that the estate be distributed to the father or mother of any minor heir or legatee, with or without the filing of any bond, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond as in the discretion of the court seems to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. This act becomes effective on July 1, 1997.
________
Assembly Bill No. 58Committee on Ways and Means
CHAPTER 62
AN ACT relating to victims of crime; revising the provisions governing the compensation payable to certain victims of crime for loss of earnings or support; and providing other matters properly relating thereto.
[Approved May 12, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.200 is hereby amended to read as follows:
217.200 1. The compensation officer may order the payment of compensation and the award of a governors certificate for meritorious citizens service to a victim for:
(a) Medical expenses, expenses for psychological counseling and nonmedical remedial care and treatment rendered in accordance with a religious method of healing, that are actually and reasonably incurred as a result of the personal injury or death of the victim;
(b) Loss of earnings or support not to exceed [$200] $300 per week [and] that is reasonably incurred as a result of the total or partial incapacity of the victim [;] for not longer than 52 weeks;
(c) Pecuniary loss to the dependents of a deceased victim;
(d) Funeral expenses, not in excess of $2,500, [which] that are actually and reasonably incurred as a result of the death of the victim; and
(e) [Any other] Another loss which results from the personal injury or death of the victim and which the compensation officer determines to be reasonable.
2. The compensation officer may order the payment of compensation for [any] a person who pays the funeral expenses of a victim.
κ1997 Statutes of Nevada, Page 115 (CHAPTER 62, AB 58)κ
3. An award must not be made:
(a) For more than $15,000 if the crime committed did not involve extreme violence resulting in serious physical injury to the victim; or
(b) For more than $25,000 if the crime committed involved extreme violence resulting in serious physical injury to the victim.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 87Committee on Judiciary
CHAPTER 63
AN ACT relating to courts; providing for the collection of certain fees in municipal courts; and providing other matters properly relating thereto.
[Approved May 12, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 5.073 is hereby amended to read as follows:
5.073 1. The practice and proceedings in the municipal court must conform, as nearly as practicable, to the practice and proceedings of justices courts in similar cases. An appeal perfected transfers the action to the district court for trial anew, unless the municipal court is designated as a court of record as provided in NRS 5.010. The municipal court must be treated and considered as a justices court whenever the proceedings thereof are called into question.
2. Each municipal judge shall charge and collect such fees prescribed in NRS 4.060 that are within the jurisdictional limits of the municipal court.
Sec. 2. NRS 266.550 is hereby amended to read as follows:
266.550 1. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justices courts, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of such city or of this chapter, of a police or municipal nature . [; but the] The trial and proceedings in such cases [shall] must be summary and without a jury.
2. The powers of the municipal court include the power to charge and collect those fees authorized pursuant to NRS 5.073.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1997 Statutes of Nevada, Page 116κ
Assembly Bill No. 80Committee on Judiciary
CHAPTER 64
AN ACT relating to criminal proceedings; authorizing a magistrate to order a party who requests the continuance of a preliminary examination to pay fees and costs for witnesses under certain circumstances; and providing other matters properly relating thereto.
[Approved May 12, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.196 is hereby amended to read as follows:
171.196 1. [Where the] If an offense is not triable in the justices court, the defendant [shall] must not be called upon to plead. If the defendant waives preliminary examination, the magistrate shall [forthwith] immediately hold him to answer in the district court.
2. If the defendant does not waive examination, the magistrate shall hear the evidence within 15 days, unless for good cause shown he extends such time. Unless the defendant waives counsel, reasonable time [shall] must be allowed for counsel to appear.
3. [Where] Except as otherwise provided in this subsection, if the magistrate postpones the examination at the request of a party, the magistrate may order that party to pay all or part of the costs and fees expended to have a witness attend the examination. The magistrate shall not require a party who requested the postponement of the examination to pay for the costs and fees of a witness if:
(a) It was not reasonably necessary for the witness to attend the examination; or
(b) The magistrate ordered the extension pursuant to subsection 4.
4. If application is made for the appointment of counsel for an indigent defendant, the magistrate shall postpone the examination until:
(a) The application has been granted or denied; and
(b) If the application is granted, the attorney appointed or the public defender has had reasonable time to appear.
[4.] 5. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf.
________
κ1997 Statutes of Nevada, Page 117κ
Assembly Bill No. 162Assemblyman Marvel
CHAPTER 65
AN ACT related to gaming; clarifying the method of transferring an interest in a licensed gaming establishment; and providing other matters properly relating thereto.
[Approved May 12, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.160 is hereby amended to read as follows:
463.160 1. Except as otherwise provided in subsection 4 [,] and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, slot machine, race book or sports pool;
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, race book or sports pool,
without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.
2. The licensure of an operator of an inter-casino linked system is not required if:
(a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or
(b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.
3. Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, by a person who is not licensed pursuant to this chapter, or his employee.
4. The commission may, by regulation, authorize a person to own or lease slot machines for the limited purpose of display or use in the persons private residence without procuring a state gaming license.
5. As used in this section, affiliated licensee has the meaning ascribed to it in NRS 463.430.
Sec. 2. NRS 463.172 is hereby amended to read as follows:
463.172 [A person who is licensed or has been found suitable by the commission does not have to requalify for a license or a finding of suitability whenever he makes his interest the subject matter of a revocable trust in which he retains the entire interest as the sole trustee and the sole beneficiary during his lifetime.
κ1997 Statutes of Nevada, Page 118 (CHAPTER 65, AB 162)κ
trust in which he retains the entire interest as the sole trustee and the sole beneficiary during his lifetime. Such a person must file a copy of the trust instrument or any amendment thereof with the board and receive administrative approval from the chairman of the board before the transfer of the interest becomes effective and before the effective date of any amendment.]
1. The chairman of the board, in his sole and absolute discretion, may:
(a) Provide written approval for a person to transfer an interest for which he has been licensed, registered, found suitable or approved, to or from an inter vivos trust; and
(b) Administratively approve any licensing, registration, finding of suitability or approval required for the person, the trust or the interest as a result of the transfer.
2. An administrative approval received pursuant to this section relates back to the date on which the trust was executed.
3. Prior written administrative approval from the chairman of the board must be obtained before any amendment to such a trust is effective.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 164Committee on Government Affairs
CHAPTER 66
AN ACT relating to public finances; changing the designation of certain funds from trust fund to special revenue fund; and providing other matters properly relating thereto.
[Approved May 12, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.266 is hereby amended to read as follows:
353.266 1. The contingency fund is hereby created as a [trust] special revenue fund. Money for the fund must be provided by direct legislative appropriation.
2. Money in the contingency fund may be allocated and expended within the limitations and in the manner provided in NRS 353.268, 353.269 and 538.650:
(a) For emergency use to supplement regular legislative appropriations which fail to cover unforeseen expenses;
(b) To meet expenses [under] pursuant to the requirements of the law; or
(c) As provided by specific statute.
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] special revenue fund. Except as otherwise provided in subsection 2, the state controller shall deposit to the credit of the fund two-fifths of any revenue 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:
κ1997 Statutes of Nevada, Page 119 (CHAPTER 66, SB 164)κ
(a) Pay all appropriations made for the support of the state government for the 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 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. NRS 1.470 is hereby amended to read as follows:
1.470 1. The [trust] fund for the National Judicial College is hereby created [.] as a special revenue fund. The interest and income earned on the money in the [trust] fund, in an amount not exceeding $300,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of $300,000 per year must be credited to the state general fund.
2. The state treasurer shall, subject to the limitation in subsection 1, pay to the dean of the National Judicial College at the end of each quarter an amount equal to any interest and income credited to the [trust] fund during that quarter. The dean may use the money to pay expenses which relate to operating the college.
3. The state board of examiners may, upon making a determination that any portion of the principal of the money in the [trust] fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the [trust] fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.
4. The dean shall submit an itemized statement of all of the income and expenditures of the National Judicial College each year to the legislature or the interim finance committee.
Sec. 4. NRS 1.480 is hereby amended to read as follows:
1.480 1. The [trust] fund for the National College of Juvenile and Family Law is hereby created [.] as a special revenue fund. The interest and income earned on the money in the [trust] fund, in an amount not exceeding $100,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of $100,000 per year must be credited to the state general fund.
2. The state treasurer shall, subject to the limitation in subsection 1, pay to the dean of the National College of Juvenile and Family Law at the end of each quarter an amount equal to any interest and income credited to the [trust] fund during that quarter. The dean may use the money to pay expenses relating to the operation of the college.
κ1997 Statutes of Nevada, Page 120 (CHAPTER 66, SB 164)κ
3. The state board of examiners may, upon making a determination that any portion of the principal of the money in the [trust] fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the [trust] fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.
4. The dean shall submit an itemized statement of all of the income and expenditures of the National College of Juvenile and Family Law each year to the legislature or the interim finance committee.
Sec. 5. NRS 118B.211 is hereby amended to read as follows:
118B.211 As used in NRS 118B.211 to 118B.219, inclusive, [trust fund] fund means the [trust] fund for low-income owners of mobile homes created pursuant to NRS 118B.215.
Sec. 6. NRS 118B.213 is hereby amended to read as follows:
118B.213 1. In addition to the fee established pursuant to NRS 118B.185, except as otherwise provided in subsection 3, the owner of a mobile home park shall pay to the division an annual fee of $12 for each lot within the park. The owner shall not impose a fee or surcharge to recover from his tenants the costs resulting from the annual fee per lot paid pursuant to this subsection, or any related penalty.
2. The administrator shall notify the owner of each mobile home park in this state on or before July 1 of each year of the fee imposed pursuant to this section.
3. If on May 15 of that year the balance in the [trust] fund which is attributable to deposits pursuant to this section exceeds $1,000,000, the administrator shall not charge or collect a fee pursuant to this section. The administrator shall resume the collection in any year when the balance on May 15 is less than $750,000. The administrator shall request the state treasurer to inform him of the applicable balance of the fund on May 15 of each year.
4. If an owner fails to pay the fee within 30 days after receiving written notice from the administrator to do so, a penalty of 50 percent of the amount of the fee must be added.
5. All fees and penalties collected by the division pursuant to this section must be deposited in the state treasury for credit to the [trust] fund.
Sec. 7. NRS 118B.215 is hereby amended to read as follows:
118B.215 1. There is hereby created as a special revenue fund in the state treasury the [trust] fund for low-income owners of mobile homes, to be administered by the division. All money received for the use of the [trust] fund pursuant to NRS 118B.213 or from any other source must be deposited in the [trust] fund.
2. The interest and income earned on the money in the [trust] fund, after deducting any applicable charges, must be credited to the [trust] fund. All claims against the [trust] fund must be paid as other claims against the state are paid.
3. The money in the [trust] fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the mobile home lot on which their mobile home is located. To be eligible for assistance from the [trust] fund a person must:
κ1997 Statutes of Nevada, Page 121 (CHAPTER 66, SB 164)κ
(a) Except as otherwise provided in this subsection, have been a tenant in the same mobile home park in this state for at least 1 year immediately preceding his application for assistance;
(b) Own the mobile home which is subject to the tenancy;
(c) Have a monthly household income which is at or below:
(1) The federally designated level signifying poverty or $750, whichever is greater, if the person is the sole occupant of the mobile home; or
(2) The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the mobile home;
(d) Be a tenant in a mobile home park and maintain continuous tenancy in that park during the duration of the supplemental assistance; and
(e) Not have assets whose value is more than $10,000, excluding the value of the mobile home which is subject to the tenancy, the contents of that mobile home and one motor vehicle.
A person who has been a tenant of a mobile home park in this state for at least 1 year, but has not been a tenant of the mobile home park in which he resides at the time he applies for assistance for at least 1 year, is eligible for assistance from the [trust] fund if he moved to the mobile home park in which he resides at the time of his application because he was unable to pay the rent at the mobile home park from which he moved or because that park was closed.
4. The administrator shall adopt regulations establishing:
(a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the division with a written acknowledgment of his continued eligibility for assistance.
(b) The maximum amount of assistance which may be distributed to a person to supplement his monthly rent pursuant to this section.
5. As used in this section, monthly household income means the combined monthly incomes of the occupants of a mobile home which is subject to the tenancy for which assistance from the [trust] fund is requested.
Sec. 8. NRS 118B.2155 is hereby amended to read as follows:
118B.2155 Each application for assistance from the [trust] fund must include:
1. A statement that [any] an applicant who fails to report:
(a) Information required to be included in the application which he knew at the time he signed the application; or
(b) [Any] A change in his eligibility pursuant to NRS 118B.218,
may be personally liable to the division for any assistance incorrectly paid to him.
2. The provisions of NRS 118B.219.
Sec. 9. NRS 118B.216 is hereby amended to read as follows:
118B.216 1. The division shall notify an applicant for or recipient of assistance from the [trust] fund of its decision to deny or terminate assistance by mailing to the applicant or recipient a notice of its decision by certified mail, return receipt requested, to the last known address of the applicant or recipient.
κ1997 Statutes of Nevada, Page 122 (CHAPTER 66, SB 164)κ
certified mail, return receipt requested, to the last known address of the applicant or recipient. The notice must:
(a) Specify the reasons for the denial or termination of assistance; and
(b) Contain a statement informing the applicant or recipient that a hearing will be provided if a written request for a hearing is filed by the applicant or recipient within 20 days after he receives the notice.
2. An applicant or recipient may, within 20 days after he receives notice pursuant to subsection 1, file a written request for a hearing with the division. If the division does not receive a request for a hearing within 20 days after the applicant or recipient receives the notice pursuant to subsection 1, the divisions decision becomes final and is not subject to judicial review.
3. If an applicant for or recipient of assistance requests a hearing within 20 days after he receives notice pursuant to subsection 1, a hearing must be conducted before a hearing officer appointed by the director of the department of business and industry or a person designated by him within 60 days after receipt of the request. The division shall notify the applicant or recipient of the time, place and date of the hearing. An applicant whose application for assistance has been denied has the burden of proving that he is entitled to receive assistance. The division has the burden of proving the grounds for terminating the assistance provided to a recipient.
4. The hearing officer shall issue a decision within 30 days after the hearing and mail a copy of the decision to the applicant or recipient. The decision of the hearing officer is a final decision for purposes of judicial review.
Sec. 10. NRS 118B.217 is hereby amended to read as follows:
118B.217 1. At least twice each year, the division shall:
(a) Prepare a list of persons who are eligible to receive assistance from the [trust] fund; and
(b) Determine whether the amount of money in the [trust] fund is sufficient to provide assistance to each person whose name appears on the list.
2. If the division determines that the amount of money in the [trust] fund is not sufficient to provide assistance to each person whose name appears on the list, the division shall determine which of those eligible persons will receive assistance from the [trust] fund.
3. The division shall prepare a list of the persons who are eligible to receive assistance from the [trust] fund but do not receive assistance because the amount of money in the [trust] fund is insufficient to provide assistance to those persons. The division shall ensure that the persons whose names appear on that list receive assistance from the [trust] fund as soon as practicable after the money to provide that assistance becomes available.
4. Each person who receives assistance from the [trust] fund must receive a percentage of his rent which is equal to the percentage of rent received by every other person who receives assistance from the [trust] fund.
κ1997 Statutes of Nevada, Page 123 (CHAPTER 66, SB 164)κ
Sec. 11. NRS 118B.218 is hereby amended to read as follows:
118B.218 A person who receives assistance pursuant to NRS 118B.215 shall notify the administrator of any change in his eligibility pursuant to that section within 10 days after the change. A person who violates this section is ineligible for assistance from the [trust fund for low-income owners of mobile homes.] fund.
Sec. 12. NRS 118B.2185 is hereby amended to read as follows:
118B.2185 The division may recover from a person who receives assistance from the [trust] fund an amount not to exceed the assistance incorrectly paid to him if he failed to report:
1. Information required to be included in the application which he knew at the time he signed the application; or
2. Any change in his eligibility pursuant to NRS 118B.218.
Sec. 13. NRS 118B.219 is hereby amended to read as follows:
118B.219 1. Any person who knowingly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain with the intent to cheat or defraud the division assistance from the [trust] fund in an amount of $100 or more is personally liable for:
(a) Any assistance incorrectly paid to that person;
(b) The costs of any investigation conducted by the division to determine whether that person received assistance incorrectly;
(c) Court costs;
(d) Attorneys fees; and
(e) A civil penalty of not more than $1,000.
2. The division may bring an action to recover a civil penalty imposed pursuant to subsection 1 and shall deposit any money recovered with the state treasurer for credit to the [trust] fund.
Sec. 14. NRS 232.355 is hereby amended to read as follows:
232.355 1. Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money or other property which the divisions of the department of human resources are authorized to accept must be accounted for in the department of human resources gift fund, hereby created as a [trust] special revenue fund. The fund is a continuing fund without reversion. The department may establish such accounts in the fund as are necessary to account properly for gifts received. All money received by the division must be deposited in the state treasury for credit to the fund. The money in the fund must be paid out on claims as other claims against the state are paid. Unless otherwise specifically provided by statute, claims against the fund must be approved by the director or his delegate.
2. Gifts of property other than money may be sold or exchanged when this is deemed by the head of the facility or agency responsible for the gift to be in the best interest of the facility or agency. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the head of the facility or agency. All money received from the sale must be deposited in the state treasury to the credit of the appropriate gift account in the department of human resources gift fund. The money may be spent only for the purposes of the facility or agency named in the title of the account. The property may not be sold or exchanged if to do so would violate the terms of the gift.
κ1997 Statutes of Nevada, Page 124 (CHAPTER 66, SB 164)κ
Sec. 15. NRS 375A.700 is hereby amended to read as follows:
375A.700 1. The department shall deposit all payments received pursuant to NRS 375A.100 in the state treasury:
(a) For credit to the estate tax account in the state general fund, an amount determined by the department as necessary to pay the costs of administration of this chapter and to refund any overpayments of tax.
(b) For credit to the estate tax account in the endowment fund of the University and Community College System of Nevada, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).
(c) For credit to the [trust] fund for class-size reduction, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).
2. The interest earned on the money in the estate tax account must be credited to the account.
Sec. 16. NRS 381.0064 is hereby amended to read as follows:
381.0064 1. The [trust] fund for the support of the division of museums and history of the department of museums, library and arts is hereby created as a special revenue fund in the state treasury. The interest and income earned on the money in the [trust] fund, in an amount not exceeding $300,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of $300,000 per year must be credited to the state general fund.
2. The state treasurer shall, subject to the limitation in subsection 1, pay to the administrator at the end of each quarter an amount equal to any interest and income credited to the [trust] fund during that quarter. The administrator may use the money to pay the expenses related to the operations of the division.
3. The state board of examiners may, upon making a determination that any portion of the principal of the money in the [trust] fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the [trust] fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.
4. The administrator shall submit an itemized statement of the income and expenditures of the division each year to the legislature, if it is in session or, if the legislature is not in session, to the interim finance committee.
Sec. 17. NRS 388.730 is hereby amended to read as follows:
388.730 1. There is hereby created [the trust] as a special revenue fund, the fund for class-size reduction to be administered by the superintendent of public instruction. The superintendent may accept gifts and grants from any source for deposit in the fund. All legislative appropriations, gifts and grants made to the fund become a part of the principal of the fund which may only be reduced pursuant to subsection 3 or by specific legislative action.
2. The interest and income earned from the money in the fund must be used by the superintendent to carry out the purposes of the plans adopted to reduce the pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3 before it is used for any other purpose.
κ1997 Statutes of Nevada, Page 125 (CHAPTER 66, SB 164)κ
3. The state board of examiners may, upon making a determination that any portion of the principal of the money in the fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee, or the senate committee on finance and the assembly committee on ways and means when the legislature is in session, that the amount so needed be transferred from the fund to the state general fund. Upon approval of the appropriate committee or committees, the money may be so transferred.
Sec. 18. NRS 397.063 is hereby amended to read as follows:
397.063 1. All contributions from students must be accounted for in the Western Interstate Commission for Higher Educations fund for student loans which is hereby created as a [trust] special revenue fund.
2. The three commissioners from the State of Nevada, acting jointly, shall administer the fund and the money in the fund must be used solely to provide:
(a) Loans to; and
(b) Contractual arrangements for educational services and facilities for,
residents of Nevada who are certified to attend graduate or professional schools in accordance with the provisions of the Western Regional Higher Education Compact.
3. Loans from the Western Interstate Commission for Higher Educations fund for student loans, before July 1, 1985, and loans made to students classified as continuing students before July 1, 1985, must be made upon the following terms:
(a) All student loans must bear interest at 5 percent per annum from the date when the student receives the loan.
(b) Each student receiving a loan must repay the loan with interest following the termination of his education or completion of his internship in accordance with the following schedule:
(1) Within 5 years for loans which total less than $10,000.
(2) Within 8 years for loans which total $10,000 or more but less than $20,000.
(3) Within 10 years for loans which total $20,000 or more.
(c) No student loan may exceed 50 percent of the student fees for any academic year.
Sec. 19. NRS 428.175 is hereby amended to read as follows:
428.175 1. The fund for hospital care to indigent persons is hereby created as a [trust] special revenue fund for the purposes described in NRS 428.115 to 428.255, inclusive.
2. All money collected or recovered pursuant to NRS 428.115 to 428.255, inclusive, and the interest earned on the money in the fund must be deposited for credit to the fund. Claims against the fund must be paid on claims approved by the board.
Sec. 20. NRS 459.0083 is hereby amended to read as follows:
459.0083 There is hereby imposed a state surcharge of $2 per cubic foot of radioactive waste received at Nevadas regional facility in Beatty. This state surcharge must be collected at the same time and in the manner provided for the compact surcharge collected pursuant to Article 5 of the Rocky Mountain Low-level Radioactive Waste Compact. Any money collected pursuant to this section which is not otherwise distributed by specific legislative appropriation must be deposited with the state treasurer for credit to the [trust] fund for the care of sites for the disposal of radioactive waste created pursuant to NRS 459.231.
κ1997 Statutes of Nevada, Page 126 (CHAPTER 66, SB 164)κ
collected pursuant to this section which is not otherwise distributed by specific legislative appropriation must be deposited with the state treasurer for credit to the [trust] fund for the care of sites for the disposal of radioactive waste created pursuant to NRS 459.231.
Sec. 21. NRS 459.231 is hereby amended to read as follows:
459.231 1. There is hereby created as a special revenue fund in the state treasury a [trust] fund for the care of sites for the disposal of radioactive waste. The director of the department of human resources is responsible for the administration of the [trust] fund. All money held by the state treasurer or received by the director for that purpose must be deposited in the [trust] fund.
2. The money in the [trust] fund must be invested as other state funds are invested. All interest earned on the deposit or investment of the money in the [trust] fund must be credited to the [trust] fund, except that all interest earned on the money in the account created pursuant to section 5 of chapter 374, Statutes of Nevada 1961, must be credited to that account.
3. The director may expend the annual income from the [trust] fund for the purpose for which the [trust] fund is created, and any income of the fund which is unexpended at the end of any year must be added to the principal of the fund. Except as otherwise provided in section 5 of chapter 374, Statutes of Nevada 1961, the principal of the fund may be expended if approved by the legislature when in regular session or by the interim finance committee when the legislature is not in session. Claims against the fund must be paid as other claims against the state are paid.
Sec. 22. NRS 459.235 is hereby amended to read as follows:
459.235 1. All penal fines imposed in the name of a county for violations of the provisions of NRS 459.010 to 459.290, inclusive, or any regulation or order adopted or issued [under] pursuant to those provisions, must be deposited in the [trust] fund for the care of sites for the disposal of radioactive waste.
2. The state board of health may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to NRS 459.010 to 459.290, inclusive, impose and collect administrative penalties therefor and deposit the money therefrom in the [trust] fund for the care of sites for the disposal of radioactive waste.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the state board of health deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 23. NRS 561.405 is hereby amended to read as follows:
561.405 The rural rehabilitation [trust] fund is hereby created as a special revenue fund in the state treasury for the use of the division in carrying out the provisions of NRS 561.425 to 561.465, inclusive.
Sec. 24. NRS 590.830 is hereby amended to read as follows:
590.830 1. The fund for cleaning up discharges of petroleum is hereby created as a [trust] special revenue fund in the state treasury. The division shall administer the fund for the purposes prescribed in NRS 590.700 to 590.920, inclusive, and the board shall adopt appropriate regulations for the investigation and payment of claims against the fund.
κ1997 Statutes of Nevada, Page 127 (CHAPTER 66, SB 164)κ
shall administer the fund for the purposes prescribed in NRS 590.700 to 590.920, inclusive, and the board shall adopt appropriate regulations for the investigation and payment of claims against the fund. The board shall review each claim presented and authorize payment to the extent warranted by the facts of the case.
2. The expenses incurred by the division in performing its duties [under] pursuant to NRS 590.700 to 590.920, inclusive, are a charge against the fund. The interest earned on money in the fund must be credited to the fund.
Sec. 25. NRS 616A.430 is hereby amended to read as follows:
616A.430 1. There is hereby established as a [trust] special revenue fund in the state treasury the uninsured employers claim fund, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616C.220 and 617.401. The administrator shall administer the fund and shall credit any excess money toward the assessments of the insurers for the succeeding years.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the uninsured employers claim fund must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held [in trust] by the state treasurer as custodian thereof to be used solely for workers compensation.
4. The state treasurer may disburse money from the fund only upon written order of the state controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest money of the state general fund. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties, based upon expected annual expenditures for claims. Assessment rates must reflect the relative hazard of the employments covered by the insurers, and must be based upon expected annual expenditures for claims.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
Sec. 26. NRS 616B.554 is hereby amended to read as follows:
616B.554 1. There is hereby established as a [trust] special revenue fund in the state treasury the subsequent injury fund for self-insured employers, which may be used only to make payments in accordance with the provisions of NRS 616B.557 and 616B.560. The board shall administer the fund based upon recommendations made by the administrator pursuant to subsection 8.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury fund for self-insured employers must be delivered to the custody of the state treasurer.
κ1997 Statutes of Nevada, Page 128 (CHAPTER 66, SB 164)κ
3. All money and securities in the fund must be held [in trust] by the state treasurer as custodian thereof to be used solely for workers compensation for employees of self-insured employers.
4. The state treasurer may disburse money from the fund only upon written order of the board.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by self-insured employers, and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for self-insured employers. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund for self-insured employers, or any costs associated with the fund.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any self-insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
8. The administrator shall:
(a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury fund for self-insured employers and recommend to the board any appropriate action to be taken concerning the claim; and
(b) Submit to the board any other recommendations relating to the fund.
Sec. 27. NRS 616B.575 is hereby amended to read as follows:
616B.575 1. There is hereby established as a [trust] special revenue fund in the state treasury the subsequent injury fund for associations of self-insured public or private employers, which may be used only to make payments in accordance with the provisions of NRS 616B.578 and 616B.581. The board shall administer the fund based upon recommendations made by the administrator pursuant to subsection 8.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury fund for associations of self-insured public or private employers must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held [in trust] by the state treasurer as custodian thereof to be used solely for workers compensation for employees of members of associations of self-insured public or private employers.
4. The state treasurer may disburse money from the fund only upon written order of the board.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
κ1997 Statutes of Nevada, Page 129 (CHAPTER 66, SB 164)κ
6. The board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by associations of self-insured public or private employers, and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for associations of self-insured public or private employers. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund for associations of self-insured public or private employers, or any costs associated with the fund.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any association of self-insured public or private employers that wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
8. The administrator shall:
(a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury fund for associations of self-insured public or private employers and recommend to the board any appropriate action to be taken concerning the claim; and
(b) Submit to the board any other recommendations relating to the fund.
Sec. 28. This act becomes effective upon passage and approval.
________
Senate Bill No. 173Committee on Finance
CHAPTER 67
AN ACT making an appropriation to restore the balance in the stale claims account; and providing other matters properly relating thereto.
[Approved May 12, 1997]
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 stale claims account, created by NRS 353.097, the sum of $1,245,775 to restore the balance in the account to approximately $1,500,000.
Sec. 2. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
________
κ1997 Statutes of Nevada, Page 130κ
Senate Bill No. 191Committee on Judiciary
CHAPTER 68
AN ACT relating to criminal procedure; revising provisions governing the transmittal of the report of a presentence investigation to the department of prisons; and providing other matters properly relating thereto.
[Approved May 12, 1997]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.107 is hereby amended to read as follows:
176.107 [Whenever]
1. Except as otherwise provided in subsection 2, when a court imposes a sentence of imprisonment in the state prison [is imposed, immediately after the rendition of judgment, the district attorney who prosecuted the cause shall transmit] or revokes a program of probation and orders a sentence of imprisonment to the state prison to be executed, the court shall cause a copy of the report of the presentence investigation to be delivered to the director of the department of prisons [a written statement of facts surrounding the commission of the offense, upon forms furnished by the director.] , if such a report was made. The report must be delivered when the judgment of imprisonment is delivered pursuant to NRS 176.335.
2. If a report of the presentence investigation was not required because of the exception provided in paragraph (b) of subsection 1 of NRS 176.135, the court shall cause a copy of the previous report of the presentence investigation to be delivered to the director of the department of prisons in the manner provided pursuant to subsection 1.
Sec. 2. NRS 176.195 is hereby amended to read as follows:
176.195 [1.] The parole and probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Such an investigation may include a physical and mental examination of the defendant. The expense of any such examination [shall] must be paid by the county in which the indictment was found or the information filed.
[2. If a defendant is committed to any institution, the parole and probation officer shall send a report of such investigation to the institution at the time of commitment.]
Sec. 3. NRS 176.335 is hereby amended to read as follows:
176.335 1. If the judgment is for imprisonment in the state prison, the sheriff of the county [must,] shall, on receipt of the triplicate certified copies thereof, immediately notify the director of the department of prisons and the director shall, without delay, send some authorized person to the county where the prisoner is held for commitment to receive the prisoner.
2. When such an authorized person presents to the sheriff holding the prisoner his order for the delivery of the prisoner, the sheriff shall deliver to [such] the authorized person two of the certified copies of the judgment [,] and a copy of the report of the presentence investigation if required pursuant to NRS 176.107, and take from [such] the person a receipt for the prisoner, and the sheriff shall make return upon his certified copy of [such] the judgment, showing his proceedings thereunder, and both [such] that copy with the return affixed thereto and the receipt from the authorized person [shall] must be filed with the county clerk.