[Rev. 2/11/2019 1:23:03 PM]
κ2001 Statutes of Nevada, Page 385κ
Senate Bill No. 60Committee on Government Affairs
CHAPTER 37
AN ACT relating to local governments; restricting the amount a local government may place in an enterprise fund for building permit fees; authorizing a local government to maintain an amount of working capital in such an enterprise fund for certain purposes; requiring a local government to reduce the building permit fees it charges if an excess amount exists in such an enterprise fund at certain times; and providing other matters properly relating thereto.
[Approved: May 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.59891 is hereby amended to read as follows:
354.59891 1. As used in this section:
(a) Building permit means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.
(b) Building permit basis means the combination of the rate and the valuation method used to calculate the total building permit fee.
[(b) Building permit means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.]
(c) Building permit fee means the total fees that must be paid before the issuance of a building permit, including , without limitation, all permit fees and inspection fees. The term does not include, without limitation, fees relating to water, sewer or other utilities, residential construction tax, tax for the improvement of transportation imposed pursuant to NRS 278.710, any fee imposed pursuant to NRS 244.386 or any amount expended to change the zoning of the property.
(d) Current asset means any cash maintained in an enterprise fund and any interest or other income earned on the money in the enterprise fund that, at the end of the current fiscal year, is anticipated by a local government to be consumed or converted into cash during the next ensuing fiscal year.
(e) Current liability means any debt incurred by a local government to provide the services associated with issuing building permits that, at the end of the current fiscal year, is determined by the local government to require payment within the next ensuing fiscal year.
(f) Operating cost means the amount paid by a local government for supplies, services, salaries, wages and employee benefits to provide the services associated with issuing building permits.
(g) Working capital means the excess of current assets over current liabilities, as determined by the local government at the end of the current fiscal year.
2. Except as otherwise provided in subsections 3 and 4, a local government shall not increase its building permit basis by more than an amount equal to the building permit basis on June 30, 1989, multiplied by a percentage equal to the percentage increase in the consumer price index from January 1, 1988, to the January 1 next preceding the fiscal year for which the calculation is made.
κ2001 Statutes of Nevada, Page 386 (CHAPTER 37, SB 60)κ
January 1, 1988, to the January 1 next preceding the fiscal year for which the calculation is made.
3. A local government may submit an application to increase its building permit basis by an amount greater than otherwise allowable pursuant to subsection 2 to the Nevada tax commission. The Nevada tax commission may allow the increase only if it finds that:
(a) Emergency conditions exist which impair the ability of the local government to perform the basic functions for which it was created; or
(b) The building permit basis of the local government is substantially below that of other local governments in the state and the cost of providing the services associated with the issuance of building permits in the previous fiscal year exceeded the total revenue received from building permit fees, excluding any amount of residential construction tax collected, for that fiscal year.
4. Upon application by a local government, the Nevada tax commission shall exempt the local government from the limitation on the increase of its building permit basis if:
(a) The local government creates an enterprise fund exclusively for building permit fees ; [for building permits;]
(b) Any interest or other income earned on the money in the enterprise fund is credited to the fund; [and]
(c) Except as otherwise provided in subsection 5, the local government maintains a balance of unreserved working capital in the enterprise fund that does not exceed an amount equal to 9 months operating costs for the program for the issuance of building permits of the local government; and
(d) The local government does not use any of the money in the enterprise fund for any purpose other than the actual direct and indirect costs of the program for the issuance of building permits, including , without limitation, the cost of checking plans, issuing permits, inspecting buildings and administering the program. The executive director of the department of taxation shall adopt regulations governing the permissible expenditures from an enterprise fund pursuant to this paragraph.
5. In addition to the balance of unreserved working capital authorized pursuant to subsection 4, the local government may maintain in an enterprise fund created pursuant to this section an amount of working capital for the following purposes:
(a) An amount sufficient to pay the debt service for 1 year on any debt incurred by the local government to provide the services associated with issuing building permits;
(b) An amount that does not exceed the total amount of expenditures for the program for the issuance of building permits of the local government set forth in the capital improvement plan of the local government prepared pursuant to NRS 354.5945 for the current fiscal year; and
(c) An amount that does not exceed 4 percent of the annual operating costs of the program for the issuance of building permits of the local government which must be used to pay for unanticipated capital replacement.
6. Any amount in an enterprise fund created pursuant to this section that is designated for special use, including, without limitation, prepaid fees and any other amount subject to a contractual agreement, must be identified as a restricted asset and must not be included as a current asset in the calculation of working capital.
κ2001 Statutes of Nevada, Page 387 (CHAPTER 37, SB 60)κ
7. If a balance in excess of the amount authorized pursuant to subsections 4 and 5 is maintained in an enterprise fund created pursuant to this section at the close of 2 consecutive fiscal years, the local government shall reduce the building permit fees it charges by an amount that is sufficient to ensure that the balance in the enterprise fund at the close of the fiscal year next following those 2 consecutive fiscal years does not exceed the amount authorized pursuant to subsections 4 and 5.
Sec. 2. NRS 354.6241 is hereby amended to read as follows:
354.6241 1. The statement required by paragraph (c) of subsection 4 of NRS 354.624 must indicate for each fund set forth in that paragraph:
(a) Whether the fund is being used in accordance with the provisions of this chapter.
(b) Whether the fund is being administered in accordance with generally accepted accounting procedures.
(c) Whether the reserve in the fund is limited to an amount that is reasonable and necessary to carry out the purposes of the fund.
(d) The sources of revenues available for the fund during the fiscal year, including transfers from any other funds.
(e) The statutory and regulatory requirements applicable to the fund.
(f) The balance and retained earnings of the fund.
2. [To] Except as otherwise provided in NRS 354.59891, to the extent that the reserve in any fund set forth in paragraph (c) of subsection 4 of NRS 354.624 exceeds the amount that is reasonable and necessary to carry out the purposes for which the fund was created, the reserve may be expended by the local government pursuant to the provisions of chapter 288 of NRS.
Sec. 3. This act becomes effective on July 1, 2001.
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Senate Bill No. 124Committee on Government Affairs
CHAPTER 38
AN ACT relating to fuel taxes; requiring the allocation and remittance of money collected from certain taxes to be made directly to incorporated cities; and providing other matters properly relating thereto.
[Approved: May 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 365.540 is hereby amended to read as follows:
365.540 1. The money collected, as prescribed by NRS 365.170 and 365.185, from the tax on motor vehicle fuels, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be placed to the credit of the state highway fund by the state treasurer. An amount equal to that part of the tax collected pursuant to subparagraph (3) of paragraph (b) of subsection 1 of NRS 365.170, which represents 5 cents of the tax per gallon must be used exclusively for the construction and maintenance of public highways, and may not be used to purchase equipment related thereto.
2. The money collected, as prescribed by NRS 365.180 and 365.190, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be allocated by the department [to the counties] as prescribed in NRS 365.550 and 365.560.
κ2001 Statutes of Nevada, Page 388 (CHAPTER 38, SB 124)κ
provisions of NRS 365.535, must be allocated by the department [to the counties] as prescribed in NRS 365.550 and 365.560.
3. The money collected as prescribed by NRS 365.200 must be allocated by the department as prescribed by NRS 365.550 and 365.560.
4. The money collected from the tax on aviation fuel must be deposited by the department with the state treasurer for credit to the account for taxes on aviation fuel, which is hereby created as a revolving account.
Sec. 2. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the department to the counties using the following formula:
(a) One-fourth in proportion to total area.
(b) One-fourth in proportion to population.
(c) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(d) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.
2. [The amount allocated to the counties under the formula must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.
3.] Of the money [received by the counties] allocated to each county pursuant to the provisions of [this section:] subsection 1:
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and
(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated pursuant to the following formula:
(1) If there are no incorporated cities in the county, to the county; and
(2) If there is at least one incorporated city in the county, to the county and any incorporated cities in the county pursuant to the formula set forth for counties in subsection 1. For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
3. The amount allocated to the counties and incorporated cities pursuant to subsections 1 and 2 must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.
4. The formula computations must be made as of July 1 of each year by the department, based on estimates which must be furnished by the department of transportation. The determination made by the department is conclusive.
5. Each county and incorporated city shall, not later than January 1 of each year, submit a list to the department of transportation setting forth:
(a) Each road or street that is maintained by the county or city; and
κ2001 Statutes of Nevada, Page 389 (CHAPTER 38, SB 124)κ
(b) The beginning and ending points and the total mileage of each of those roads or streets.
Each county and incorporated city shall, at least 10 days before the list is submitted to the department of transportation, hold a public hearing to identify and determine the roads and streets maintained by the county or city.
6. As used in this section, construction, maintenance and repair includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:
(a) Grades and regrades;
(b) Graveling, oiling, surfacing, macadamizing and paving;
(c) Sweeping, cleaning and sanding roads and removing snow from a road;
(d) Crosswalks and sidewalks;
(e) Culverts, catch basins, drains, sewers and manholes;
(f) Inlets and outlets;
(g) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;
(h) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
(i) Rights of way;
(j) Grade and traffic separators;
(k) Fences, cattle guards and other devices to control access to a county or city road;
(l) Signs and devices for the control of traffic; and
(m) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.
Sec. 3. NRS 365.560 is hereby amended to read as follows:
365.560 1. The receipts of the tax levied pursuant to NRS 365.190 must be allocated monthly by the department to the counties in which the payment of the tax originates [.] pursuant to the formula set forth in subsection 2.
2. The receipts must be apportioned by the department between the county, towns with town boards as organized under NRS 269.016 to 269.019, inclusive, and incorporated cities within the county [from the general road fund of the county] in the same ratio as the assessed valuation of property within the boundaries of the towns or incorporated cities within the county bears to the total assessed valuation of property within the county, including property within the towns or incorporated cities.
3. Any money apportioned to a county pursuant to subsection 2 must be expended by the county solely for:
(a) The service and redemption of revenue bonds issued pursuant to chapter 373 of NRS;
(b) The construction, maintenance and repair of the public highways of the county; and
(c) The purchase of equipment for that construction, maintenance and repair.
The money must not be used to defray the expenses of administration.
4. Any money apportioned to towns or incorporated cities pursuant to subsection 2 must be expended only upon the streets, alleys and public highways of the town or city, other than state highways, under the direction and control of the governing body of the town or city.
κ2001 Statutes of Nevada, Page 390 (CHAPTER 38, SB 124)κ
highways of the town or city, other than state highways, under the direction and control of the governing body of the town or city.
5. As used in this section, construction, maintenance and repair has the meaning ascribed to it in NRS 365.550.
Sec. 4. NRS 373.130 is hereby amended to read as follows:
373.130 1. Money for the payment of the cost of a project within the area embraced by a regional plan for transportation established pursuant to NRS 373.1161 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 , [of this section,] or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of this chapter, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.
2. The board may, after the enactment of an ordinance as authorized by NRS 373.030, issue revenue bonds and other revenue securities, on the behalf and in the name of the county:
(a) The total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the tax imposed pursuant to the provisions of NRS 373.030;
(b) Which must not be general obligations of the county or a charge on any real estate therein; and
(c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the motor vehicle fuel taxes designated in this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.
3. A county is authorized to issue bonds without the necessity of their being authorized at any election in such manner and with such terms as provided in this chapter.
4. Subject to the provisions of this chapter, for any project authorized therein the board of any county may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county securities, and in connection with the undertaking or project, the board may otherwise proceed as provided in the Local Government Securities Law.
5. All such securities constitute special obligations payable from the net receipts of the motor vehicle fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to the net receipts.
6. Except for:
(a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;
(b) Any interim debentures which are funded with the proceeds of bonds;
(c) Any temporary bonds which are exchanged for definitive bonds;
(d) Any bonds which are reissued or which are refunded; and
(e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of this chapter, all bonds and other securities issued pursuant to the provisions of this chapter [,] must be payable solely from the proceeds of motor vehicle fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter.
κ2001 Statutes of Nevada, Page 391 (CHAPTER 38, SB 124)κ
all bonds and other securities issued pursuant to the provisions of this chapter [,] must be payable solely from the proceeds of motor vehicle fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 [and accounted for in the general road fund of the county] may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance authorizing their issuance, and any other instrument appertaining to the securities.
7. The ordinance authorizing the issuance of any bond or other revenue security hereunder must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified.
Sec. 5. Section 98 of chapter 224, Statutes of Nevada 1999, at page 1018, is hereby amended to read as follows:
Sec. 98. NRS 365.540 is hereby amended to read as follows:
365.540 1. The money collected, as prescribed by NRS [365.170 and 365.185,] 365.185 and section 59 of this act, from the tax on motor vehicle fuels, other than aviation fuel, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be placed to the credit of the state highway fund by the state treasurer. An amount equal to that part of the tax collected pursuant to [subparagraph (3) of paragraph (b) of subsection 1 of NRS 365.170,] section 59 of this act, which represents 5 cents of the tax per gallon must be used exclusively for the construction and maintenance of public highways, and may not be used to purchase equipment related thereto.
2. The money collected, as prescribed by NRS 365.180 and 365.190, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be allocated by the department as prescribed in NRS 365.550 and 365.560.
3. The money collected as prescribed by NRS 365.200 must be allocated by the department as prescribed by NRS 365.550 and 365.560.
4. The money collected from the tax on aviation fuel must be deposited by the department with the state treasurer for credit to the account for taxes on aviation fuel, which is hereby created as a revolving account.
κ2001 Statutes of Nevada, Page 392 (CHAPTER 38, SB 124)κ
Sec. 6. The amendatory provisions of this act must not be applied to modify, directly or indirectly, any taxes levied or revenues pledged in such a manner as to impair adversely any outstanding obligations of a county or city, including, without limitation, bonds, medium-term financing, letters of credit and any other financial obligation, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made.
Sec. 7. This act becomes effective on July 1, 2001.
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Senate Bill No. 152Committee on Government Affairs
CHAPTER 39
AN ACT relating to state emblems; designating the soil known as Orovada series soil as the official soil of this state; and providing other matters properly relating thereto.
[Approved: May 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 235 of NRS is hereby amended by adding thereto a new section to read as follows:
The soil series known as Orovada series, classified as coarse-loamy, mixed, superactive, mesic Durinodic Xeric Haplocambids, is hereby designated as the official state soil of the State of Nevada.
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Senate Bill No. 164Senator OConnell
CHAPTER 40
AN ACT relating to public securities; contingently authorizing the purchase of municipal and revenue securities by the state for the improvement, acquisition and construction of facilities for certain public schools; and providing other matters properly relating thereto.
[Approved: May 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 350A.010 is hereby amended to read as follows:
350A.010 The legislature finds that:
1. It is in the public interest to foster and promote the [protection] :
(a) Protection and preservation of the property and natural resources of the State of Nevada, and to obtain the benefits thereof [,] ; and
(b) Improvement, acquisition and construction of facilities for public elementary and secondary schools,
and that the state should encourage and assist municipalities in undertaking local projects for such purposes by making loans to municipalities which might not be otherwise available or which might be available only at prohibitive interest rates;
κ2001 Statutes of Nevada, Page 393 (CHAPTER 40, SB 164)κ
might not be otherwise available or which might be available only at prohibitive interest rates;
2. The making of such loans and the issuing of state securities therefor as general obligations are necessary, expedient and advisable for the protection and preservation of the property and natural resources of the State of Nevada [and] , for obtaining the benefits thereof [;] , and for the improvement, acquisition and construction of facilities for public elementary and secondary schools; and
3. Because of market conditions relating to credit and public finance, it is in the public interest to assist municipalities in the acquisition, construction or equipping of public improvements by providing money to municipalities at reasonable rates of interest through the issuance of state securities to finance the acquisition of revenue securities.
Sec. 2. NRS 350A.060 is hereby amended to read as follows:
350A.060 Lending project means any undertaking which the state is authorized to complete in connection with loans to municipalities made by the purchase of:
1. Municipal securities validly issued for a purpose related to natural resources [;] or for the improvement, acquisition or construction of facilities for public elementary and secondary schools; or
2. Revenue securities validly issued for a purpose related to any undertaking which a municipality is authorized to complete.
Sec. 3. NRS 350A.070 is hereby amended to read as follows:
350A.070 Municipal securities means notes, warrants, interim debentures, bonds and temporary bonds validly issued as obligations for a purpose related to natural resources or for the improvement, acquisition or construction of facilities for public elementary and secondary schools which are payable:
1. From taxes whether or not additionally secured by any municipal revenues available therefor;
2. For bonds issued by an irrigation district, from assessments against real property; or
3. For bonds issued by a water authority organized as a political subdivision created by cooperative agreement, from revenues of the water system of the water authority or one or more of the water purveyors who are members of the water authority or any combination thereof.
Sec. 4. NRS 350A.110 is hereby amended to read as follows:
350A.110 State securities means notes, warrants, interim debentures, bonds and temporary bonds issued as:
1. General obligations by the state pursuant to this chapter for any lending project which is for a purpose related to natural resources , for the improvement, acquisition or construction of facilities for public elementary and secondary schools or for a refunding which are payable from taxes, whether or not additionally secured by a pledge of all or any designated revenues of one or more lending projects; or
2. Limited obligations by the state pursuant to this chapter for any lending project which is for a purpose related to any undertaking which a municipality is authorized to complete or for a refunding which are payable from the revenues of one or more lending projects.
κ2001 Statutes of Nevada, Page 394 (CHAPTER 40, SB 164)κ
Sec. 5. NRS 350A.130 is hereby amended to read as follows:
350A.130 In order to:
1. Protect and preserve the property and natural resources of the state, [and] to obtain the benefits thereof [;] , and to improve, acquire and construct facilities for public elementary and secondary schools; and
2. Assist municipalities in the acquisition, construction and equipping of public improvements,
the state treasurer may make loans to municipalities by purchasing their municipal securities validly issued for a purpose related to natural resources or for the improvement, acquisition or construction of facilities for public elementary and secondary schools, or their revenue securities validly issued for a purpose related to any undertaking which the municipality is authorized to complete.
Sec. 6. This act becomes effective on December 1, 2002, only if Assembly Joint Resolution No. 26 of the 70th session of the Nevada Legislature is approved by the voters at the general election on November 5, 2002.
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Senate Bill No. 312Senator Washington
CHAPTER 41
AN ACT relating to the City of Sparks; prospectively changing the time for the election of the officers of the City of Sparks; and providing other matters properly relating thereto.
[Approved: May 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.040 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 724, is hereby amended to read as follows:
Sec. 1.040 Wards: Creation; boundaries.
The city shall be divided into five wards each of which shall be as nearly equal in registered voters as can be conveniently provided, and the territory comprising each ward shall be contiguous. In December of the year preceding a general [municipal] election the Washoe County registrar of voters shall establish new boundaries for each ward if the number of electors registered at the time of the last preceding general election in any ward exceeds the number of electors registered in any other ward by more than 5 percent.
Sec. 2. Section 1.060 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 129, Statutes of Nevada 1993, at page 228, is hereby amended to read as follows:
Sec. 1.060 Elective officers: Qualifications; salaries; terms of office.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Five members of the council.
κ2001 Statutes of Nevada, Page 395 (CHAPTER 41, SB 312)κ
(c) A city attorney.
(d) Municipal judges, the number to be determined pursuant to section 4.010.
2. All elective officers of the city must be:
(a) Bona fide residents of the city for at least 30 days immediately preceding the last day for filing a declaration of candidacy for such an office.
(b) Residents of the city during their term of office, and, in the case of a member of the council, a resident of the ward the member represents.
(c) Registered voters within the city.
3. No person may be elected or appointed as a member of the council who was not an actual bona fide resident of the ward to be represented by him for a period of at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, or, in the case of appointment, 30 days immediately preceding the day the office became vacant.
4. The city attorney must be a licensed member of the State Bar of Nevada.
5. Each elective officer is entitled to receive a salary in an amount fixed by the city council. At any time before January 1 of the year in which a general [municipal] election is held, the city council shall enact an ordinance fixing the initial salary for each elective office for the term beginning on the first Monday following that election. This ordinance may not be amended to increase or decrease the salary for the office of mayor, city councilman or city attorney during the term. If the city council fails to enact such an ordinance before January 1 of the election year, the succeeding elective officers are entitled to receive the same salaries as their respective predecessors.
Sec. 3. Section 1.070 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 515, Statutes of Nevada 1997, at page 2452, is hereby amended to read as follows:
Sec. 1.070 Elective offices; vacancies. Except as otherwise provided in NRS 268.325:
1. A vacancy in the city council, or in the office of city attorney or municipal judge must be filled by appointment of the mayor, subject to confirmation by the city council, within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the city council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. If the majority of the council is unable or refuses for any reason to confirm any appointment made by the mayor within 30 days after the vacancy occurs, the city council shall present to the mayor the names of two qualified persons to fill the vacancy. The mayor shall, within 15 days after the presentation, select one of the two qualified persons to fill the vacancy. The appointee must have the same qualifications required of the elected official.
2. A vacancy in the office of the mayor must be filled by the mayor pro tempore. The resulting vacancy in the city council must be filled as provided in subsection 1.
κ2001 Statutes of Nevada, Page 396 (CHAPTER 41, SB 312)κ
3. The appointee or mayor pro tempore, in case of a vacancy in the office of mayor, shall serve until his successor is elected and qualified at the next [municipal] election to serve the remainder of the unexpired term.
Sec. 4. Section 3.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 125, Statutes of Nevada 1989, at page 281, is hereby amended to read as follows:
Sec. 3.010 Mayor: Duties; mayor pro tempore.
1. The mayor shall:
(a) Preside over the meetings of the city council and he may vote only in case of a tie. The mayor may not vote on any proposed ordinance.
(b) Act as the head of the government of the city for all purposes.
(c) Perform such emergency duties as may be necessary for the general health, welfare and safety of the city.
(d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor.
2. The mayor may veto all matters passed by the city council if he gives notice in writing to the city clerk within 10 days of the action taken by the city council. A veto may be overturned only by a vote of at least four-fifths of the city council. An action requiring the expenditure of money is not effective without the approval of the mayor, unless he does not disapprove the action within 10 days after it is taken by the city council, or the city council by a four-fifths majority approves such expenditure at a regular meeting.
3. The city council shall elect one of its members to be mayor pro tempore. He shall:
(a) Hold the office and title until the next [municipal] election without additional compensation, except as otherwise provided in paragraph (c).
(b) Perform the duties of mayor during the temporary absence or disability of the mayor without loss of his rights and powers as a member of the council.
(c) Act as mayor until the next [municipal] election if the office of mayor becomes vacant and draw the salary of mayor. His salary and position as a member of the council cease.
Sec. 5. Section 4.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 169, Statutes of Nevada 1997, at page 448, is hereby amended to read as follows:
Sec. 4.010 Municipal court.
1. There is a municipal court of the city which consists of not less than two departments. The city council may, by resolution, expand the court to include additional departments. Such a resolution must be enacted on or before January 1 of the year in which the additional municipal judge is to be elected and must prohibit the commencement of the operations of the additional department until the additional judge has been elected and takes office.
2. Each department must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by chapter 5 of NRS, which relates to municipal courts.
κ2001 Statutes of Nevada, Page 397 (CHAPTER 41, SB 312)κ
which are not inconsistent with this charter, governed by chapter 5 of NRS, which relates to municipal courts.
3. If the city council creates an additional department pursuant to subsection 1, the municipal judge who will preside over that department must be elected at the next [municipal] election that meets the requirements of subsection 1.
Sec. 6. Section 5.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 450, Statutes of Nevada 1985, at page 1318, is hereby amended to read as follows:
Sec. 5.010 General [municipal] elections.
1. [A general municipal election must be held in the city on the 1st Tuesday after the 1st Monday in June of each odd-numbered year after 1986.
2. Except as provided in subsection 3, the elective officers of the city shall serve terms of 4 years and until their successors have been elected and qualified.
3. The persons who, on June 2, 1987, are elected to serve as:
(a) The members of the city council from the first, third and fifth wards;
(b) The city attorney; and
(c) The municipal judge for the first department of the court which was established,
shall serve terms of 2 years and until their successors have been elected and qualified.
4.] On the Tuesday after the first Monday in June 2001, there must be elected by the registered voters of the city, at a general municipal election, council members to represent the first, third and fifth wards, a municipal judge for department 1 and a city attorney, all of whom hold office until their successors have been elected and qualified, pursuant to subsection 3.
2. On the Tuesday after the first Monday in June 2003, there must be elected by the registered voters of the city, at a general municipal election, council members to represent the second and fourth wards, a mayor and a municipal judge for department 2, all of whom hold office until their successors have been elected and qualified, pursuant to subsection 4.
3. On the Tuesday after the first Monday in November 2004, and at each successive interval of 4 years, there must be elected by the registered voters of the city, at the general election, council members to represent the first, third and fifth wards, a municipal judge for department 1 and a city attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.
4. On the Tuesday after the first Monday in November 2006, and at each successive interval of 4 years, there must be elected by the registered voters of the city, at the general election, council members to represent the second and fourth wards, a mayor and a municipal judge for department 2, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.
5. All candidates at [the general municipal] an election that is held pursuant to this section must be voted upon by the [electors] registered voters of the city at large.
κ2001 Statutes of Nevada, Page 398 (CHAPTER 41, SB 312)κ
Sec. 7. Section 5.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 637, Statutes of Nevada 1999, at page 3567, is hereby amended to read as follows:
Sec. 5.020 Primary municipal elections . [: Declaration of candidacy.
1. If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the first Tuesday after the first Monday in April preceding the general election.
2.] 1. Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.
[3.] 2. The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary municipal election must be placed on the ballot for the general municipal election.
Sec. 8. Section 7 of this act is hereby amended to read as follows:
Sec. 7. Section 5.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 637, Statutes of Nevada 1999, at page 3567, is hereby amended to read as follows:
Sec. 5.020 Primary [municipal] elections.
1. Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.
2. The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary [municipal] election must be placed on the ballot for the general [municipal] election.
Sec. 9. Section 5.030 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 736, is hereby amended to read as follows:
Sec. 5.030 Applicability of state election laws: Elections under city council control.
1. All elections held [under] pursuant to this charter [shall] must be governed by the provisions of the election laws of this state so far as such laws can be made applicable and are not inconsistent herewith.
2. The conduct of all [municipal elections shall] elections must be under the control of the city council. For the conduct of [municipal] elections, for the prevention of fraud in [such] elections, and for the recount of ballots in cases of doubt or fraud, the city council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
κ2001 Statutes of Nevada, Page 399 (CHAPTER 41, SB 312)κ
Sec. 10. Section 5.040 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 736, is hereby amended to read as follows:
Sec. 5.040 Qualifications, registration of voters.
1. Every person who resides within the city at the time of any [municipal] election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at each [municipal] election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special [city] elections, except as otherwise provided in this article.
2. Nothing in this charter shall be so construed as to deny or abridge the power of the city council to provide for supplemental registration.
Sec. 11. Section 5.070 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 737, is hereby amended to read as follows:
Sec. 5.070 Availability of lists of registered voters. If, for any purpose relating to [a municipal] an election or to candidates or issues involved in [such] an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall [provide the same upon payment therefor in an amount determined pursuant to the provisions of subsection 2 of NRS 293.440.] :
1. Permit the organization, group or person to copy the names and addresses of voters from the official register of voters; or
2. Furnish such a list upon payment of the cost established by state election law.
Sec. 12. Section 5.100 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1319, is hereby amended to read as follows:
Sec. 5.100 Election returns: Canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any [special, primary or general municipal] election must be filed with the city clerk, who shall immediately place the returns in a safe or vault. No person may handle, inspect or in any manner interfere with the returns until canvassed by the city council.
2. The city council shall meet within [5] 10 days after any election and canvass the returns and declare the result. The election returns must then be sealed and kept by the city clerk for [6] 22 months, and no person may have access to them except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue a certificate of election to each person elected. The officers elected shall qualify and enter upon the discharge of their respective duties [on the 1st Monday] at the first regular city council meeting following their election.
4. If any election results in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The city clerk shall then issue to the winner a certificate of election.
κ2001 Statutes of Nevada, Page 400 (CHAPTER 41, SB 312)κ
Sec. 13. 1. This section and sections 5, 6, 7 and 9 to 12, inclusive, of this act become effective upon passage and approval.
2. Sections 1 to 4, inclusive, and 8 of this act become effective on July 1, 2003.
________
Senate Bill No. 334Committee on Government Affairs
CHAPTER 42
AN ACT relating to the Tricounty Railway Commission; expanding the commission to include additional counties; changing the name of the commission; and providing other matters properly relating thereto.
[Approved: May 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 566, Statutes of Nevada 1993, at page 2326, is hereby amended to read as follows:
Section 1. As used in this act, unless the context otherwise requires:
1. Commission means the [Tricounty Railway] Nevada Commission for the reconstruction of the V & T Railway created pursuant to section 2 of this act.
2. Commissioner means a person appointed to serve on the commission pursuant to section 3 of this act.
3. County includes Carson City.
4. Governing bodies means the board of supervisors of Carson City and the boards of county commissioners of [Lyon and Storey] Douglas, Lyon, Storey and Washoe counties.
Sec. 2. Section 2 of chapter 566, Statutes of Nevada 1993, at page 2326, is hereby amended to read as follows:
Sec. 2. 1. The [Tricounty Railway] Nevada Commission for the reconstruction of the V & T Railway of Carson City and Douglas, Lyon , [and] Storey and Washoe counties is hereby created.
2. The property and revenues of the commission, and any interest therein, are exempt from all state and local taxation.
3. The commission is a body corporate and politic, the geographical jurisdiction of which is Carson City and Douglas, Lyon , [and] Storey and Washoe counties.
4. The provisions of this act must be broadly construed to accomplish its purposes.
Sec. 3. Section 3 of chapter 566, Statutes of Nevada 1993, at page 2326, is hereby amended to read as follows:
Sec. 3. 1. The commission must be composed of [five] nine commissioners appointed as follows:
(a) [Two members] One member who is a member of the board of supervisors of Carson City appointed by the board of supervisors of Carson City ; [, at least one of whom must be a member of that board;]
κ2001 Statutes of Nevada, Page 401 (CHAPTER 42, SB 334)κ
(b) One member appointed by the board of county commissioners of Douglas County from among its members;
(c) One member appointed by the board of county commissioners of Lyon County from among its members;
[(c)] (d) One member appointed by the board of county commissioners of Storey County from among its members; [and
(d)] (e) One member appointed by the board of county commissioners of Washoe County from among its members;
(f) One member appointed by the Virginia and Truckee Historical Railroad Society from among its members [.] ;
(g) One member appointed by the speaker of the assembly;
(h) One member appointed by the senate majority leader; and
(i) One member appointed by the governor.
2. If the Virginia and Truckee Historical Railroad Society ceases to exist but is replaced by an entity which is organized for the same purposes, that entity is entitled to appoint the member pursuant to paragraph [(d)] (f) of subsection 1. If the society ceases to exist and is not replaced, the number of commissioners is reduced to [four] eight and no member may be appointed pursuant to paragraph [(d)] (f) of subsection 1.
3. The terms of the two members serving on the commission pursuant to paragraph (a) of subsection 1 on July 1, 2001, expire on that date. As soon as practicable after July 1, [1993,] 2001, the appointing authorities shall make [the] any appointments required by subsection 1. [One commissioner appointed pursuant to paragraph (a) of subsection 1, as determined by the board of supervisors of Carson City, and the member appointed pursuant to paragraph (d) of subsection 1 must be appointed to an initial term of 2 years.] All of the [other] appointments must be for initial terms of [4 years.] 1, 2 or 3 years to ensure staggered terms. After the initial terms, the term of office of each commissioner is 4 years. A member is eligible for reappointment.
4. The office of a member who is required as a qualification for appointment to be a member of the body appointing him becomes vacant on the date he ceases to be a member of that appointing body.
5. Each commissioner serves at the pleasure of his appointing authority and all vacancies must be filled for the unexpired term in the same manner as the original appointment.
Sec. 4. Section 4 of chapter 566, Statutes of Nevada 1993, at page 2327, is hereby amended to read as follows:
Sec. 4. 1. Each commissioner appointed pursuant to paragraph (b) , [or] (c) , (d) or (e) of subsection 1 of section 3 of this act shall file his oath of office with the clerk of the county from which he was appointed and all other commissioners shall file their oaths of office with the clerk of Carson City.
2. The commissioners must serve without compensation, but a commissioner may be reimbursed for expenses actually incurred by him for travel authorized by the commission.
3. The commission shall elect a chairman, vice chairman, secretary and treasurer from among its members. The secretary and the treasurer may be one person. The terms of the officers expire on July 1 of each odd-numbered year.
κ2001 Statutes of Nevada, Page 402 (CHAPTER 42, SB 334)κ
4. The secretary shall maintain a record of all of the proceedings of the commission, minutes of all meetings, certificates, contracts and other acts of the commission. The records must be open to the inspection of all interested persons at a reasonable time and place.
5. The treasurer shall keep an accurate account of all money received by and disbursed on behalf of the commission. He shall file with the clerk of Carson City, at the expense of the commission, a fidelity bond in an amount not less than $10,000, conditioned for the faithful performance of his duties.
Sec. 5. Section 7 of chapter 566, Statutes of Nevada 1993, at page 2328, is hereby amended to read as follows:
Sec. 7. 1. The commission may do all things necessary to establish and maintain a railway, including, without limitation:
(a) Purchasing, leasing or otherwise acquiring right of ways and constructing railways and any facilities or other appurtenances it deems appropriate in connection therewith; and
(b) Operating or granting franchises for the operation of a railroad that carries passengers to locations within the jurisdiction of the commission.
2. In addition to regulation by another agency related to public health and safety that is required by local ordinance or state or federal law, the commission shall regulate all franchises and concessionaires who operate on the right of way or property owned or leased by the commission.
3. A railway acquired, constructed or leased by the commission pursuant to this act is not a street railway for the purposes of chapter 709 of NRS.
4. Notwithstanding any provision of Title 58 of NRS to the contrary, the rates charged by a railroad operated by the commission or pursuant to a franchise or other agreement with the commission, are subject to regulation by the public [service] utilities commission of Nevada.
Sec. 6. Section 8 of chapter 566, Statutes of Nevada 1993, at page 2329, is hereby amended to read as follows:
Sec. 8. 1. The commission may enter into an agreement with the district attorney of Carson City or Douglas, Lyon , [or] Storey or Washoe County, or any combination thereof, to provide legal services to the commission. The commission may authorize payment to the district attorney for the costs to the district attorney for providing [such] those services.
2. The commission shall enter into an agreement with the treasurer of Carson City or Douglas, Lyon , [or] Storey or Washoe County to create a fund for the commission and pay all claims against the fund that are properly approved by the commission. The commission may authorize payment to the treasurer for the costs to the treasurer for providing [such] those services.
3. All money received by the commission must be deposited in the fund created pursuant to subsection 2. The money in the fund must be used only for the necessary expenses of the commission and the costs of the projects authorized by this act.
Sec. 7. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 403κ
Senate Bill No. 347Senators Titus, James and ODonnell
CHAPTER 43
AN ACT relating to state emblems; designating a state tartan; and providing other matters properly relating thereto.
[Approved: May 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 235 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The tartan designed by Richard Zygmunt Pawlowski and further described in this section is hereby designated as the official state tartan of the State of Nevada. The colors and design of the tartan represent the following features that make Nevada a unique and bountiful state:
(a) Blue represents one of the state colors of Nevada, the pristine waters of Lake Tahoe and the mountain bluebird, the official state bird;
(b) Silver represents the other state color, the official state mineral, the granite composition of the Sierra Nevada mountain range and the silver country of northern Nevada;
(c) Red represents the Virgin Valley black fire opal, the official state precious gemstone, and the red rock formations of southern Nevada;
(d) Yellow represents sagebrush, the official state flower, and symbolizes the great basin region of central Nevada;
(e) White represents the name of this state meaning snow-covered, which is the translation of the Spanish word nevada;
(f) The crossing of the yellow and red stripes represents the different colors of Nevada sandstone, the official state rock;
(g) The white intersection on the silver field stands for the snow-capped peaks of granite mountains, which make up the Sierra Nevada mountain range;
(h) The four blue lines represent the four main rivers of Nevada which are the Colorado River, Truckee River, Humboldt River and Walker River;
(i) The intersecting blue lines in the silver field represent the Colorado River as it meets Hoover Dam and creates Lake Mead;
(j) The small solid boxes of silver and blue number 8 by 8, or 64, to signify the year (1864) that Nevada was admitted into statehood;
(k) The 13 solid-colored intersections of the small stripes represent Boundary Peak, the highest point in Nevada, which stands at an elevation of 13,143 feet; and
(l) The 16 solid silver intersections and the solid white intersection in the center of the tartan represent the 16 counties and the one consolidated city-county government of Nevada.
2. The official state tartan must be reproduced in the following colors, pattern and dimension of pattern:
κ2001 Statutes of Nevada, Page 404 (CHAPTER 43, SB 347)κ
Sec. 2. As soon as practicable after the effective date of this act, the director of the legislative counsel bureau shall register the official state tartan with the Scottish Tartan Society.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 472Committee on Government Affairs
CHAPTER 44
AN ACT relating to cities; providing for the disincorporation of the City of Gabbs; and providing other matters properly relating thereto.
[Approved: May 8, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding the provisions of NRS 354.723, chapter 265, Statutes of Nevada 1971, at page 384, and all amendments made thereto, is hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 405κ
Senate Bill No. 45Committee on Judiciary
CHAPTER 45
AN ACT relating to marks; providing remedies to the owner of a mark for the dilution of the mark; and providing other matters properly relating thereto.
[Approved: May 10, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 600 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, the owner of a mark that is famous in this state may bring an action to enjoin commercial use of the mark by a person if such use:
(a) Begins after the mark has become famous; and
(b) Causes dilution of the mark.
2. In determining whether a mark is famous in this state, the court shall consider, without limitation, the following factors:
(a) The degree of inherent or acquired distinctiveness of the mark in this state.
(b) The duration and extent of use of the mark in connection with the goods and services with which the mark is used.
(c) The duration and extent of advertisement and promotion of the mark in this state.
(d) The geographical extent of the trading area in which the mark is used.
(e) The channels of trade for the goods or services with which the mark is used.
(f) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the owner of the mark and the person against whom the injunction is sought.
(g) The nature and extent of use of the same or similar mark by other persons.
(h) Whether the mark is registered in this state or registered in the United States Patent and Trademark Office pursuant to federal law.
3. Except as otherwise provided in this subsection, the owner of a mark that is famous may obtain only injunctive relief in an action brought pursuant to this section. The owner of a mark that is famous is entitled to the remedies provided in NRS 600.430 if the person using the mark willfully intended to cause dilution of the mark or willfully intended to trade on the reputation of the owner of the mark.
4. The owner of a mark that is famous may not bring an action pursuant to this section for the fair use of the mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the mark.
5. As used in this section:
κ2001 Statutes of Nevada, Page 406 (CHAPTER 45, SB 45)κ
(a) Commercial use means use of a mark primarily for profit. The term does not include use of a mark for research, criticism, news commentary, news reporting, teaching or any similar use that is not primarily for profit.
(b) Dilution means a lessening in the capacity of a mark that is famous to identify and distinguish goods or services, regardless of the presence or absence of:
(1) Competition between the owner of the mark and other persons; or
(2) Likelihood of confusion, mistake or deception as to the source of origin of goods or services.
Sec. 2. NRS 600.240 is hereby amended to read as follows:
600.240 As used in NRS 600.240 to 600.450, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 600.250 to 600.320, inclusive, have the meanings ascribed to them in those sections.
________
Senate Bill No. 50Committee on Judiciary
CHAPTER 46
AN ACT relating to trade secrets; providing that a trade secret which is misappropriated and posted on the Internet remains a trade secret under certain circumstances; authorizing a court to issue an order or injunction requiring the immediate removal of a misappropriated trade secret from the Internet; and providing other matters properly relating thereto.
[Approved: May 10, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 600A of NRS is hereby amended by adding thereto a new section to read as follows:
A trade secret that is misappropriated and posted, displayed or otherwise disseminated on the Internet shall be deemed to remain a trade secret as defined in NRS 600A.030 and not to have ceased to exist for the purposes of subsection 1 of NRS 600A.040 if:
1. The owner, within a reasonable time after discovering that the trade secret has been misappropriated and posted, displayed or otherwise disseminated on the Internet, obtains an injunction or order issued by a court requiring that the trade secret be removed from the Internet; and
2. The trade secret is removed from the Internet within a reasonable time after the injunction or order requiring removal of the trade secret is issued by the court.
Sec. 2. NRS 600A.040 is hereby amended to read as follows:
600A.040 1. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction must be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time to eliminate commercial or other advantage that otherwise would be derived from the misappropriation.
κ2001 Statutes of Nevada, Page 407 (CHAPTER 46, SB 50)κ
2. In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
3. In appropriate circumstances, the court may order affirmative acts to protect a trade secret. As used in this subsection, affirmative acts includes, without limitation, issuing an injunction or order requiring that a trade secret which has been misappropriated and posted, displayed or otherwise disseminated on the Internet be removed from the Internet immediately.
________
Senate Bill No. 52Committee on Commerce and Labor
CHAPTER 47
AN ACT relating to advanced practitioners of nursing; authorizing an advanced practitioner of nursing to prescribe controlled substances under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 10, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 632.237 is hereby amended to read as follows:
632.237 1. The board may grant a certificate of recognition as an advanced practitioner of nursing to a registered nurse who has completed an educational program designed to prepare a registered nurse to:
(a) Perform designated acts of medical diagnosis;
(b) Prescribe therapeutic or corrective measures; and
(c) Prescribe controlled substances, poisons, dangerous drugs and devices,
and who meets the other requirements established by the board for such certification.
2. An advanced practitioner of nursing may:
(a) Engage in selected medical diagnosis and treatment; and
(b) If authorized pursuant to NRS 639.2351, prescribe controlled substances, poisons, dangerous drugs and devices,
pursuant to a protocol approved by a collaborating physician. A protocol must not include and an advanced practitioner of nursing shall not engage in any diagnosis, treatment or other conduct which the advanced practitioner of nursing is not qualified to perform.
3. The board shall adopt regulations:
(a) Specifying the training, education and experience necessary for certification as an advanced practitioner of nursing.
(b) Delineating the authorized scope of practice of an advanced practitioner of nursing.
(c) Establishing the procedure for application for certification as an advanced practitioner of nursing.
κ2001 Statutes of Nevada, Page 408 (CHAPTER 47, SB 52)κ
Sec. 2. NRS 639.0125 is hereby amended to read as follows:
639.0125 Practitioner means:
1. A physician, dentist, veterinarian or podiatric physician who holds a [valid] license to practice his profession in this state;
2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;
3. An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices; or
4. A physicians assistant who:
(a) Holds a license issued by the board of medical examiners or certificate issued by the state board of osteopathic medicine; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician or osteopathic physician as required by chapter 630 or 633 of NRS.
Sec. 3. NRS 639.2351 is hereby amended to read as follows:
639.2351 1. An advanced practitioner of nursing may prescribe, in accordance with NRS 454.695 [,] and 632.237, controlled substances, poisons, dangerous drugs and devices if he:
(a) Is authorized to do so by the state board of nursing in a certificate issued by that board; and
(b) Applies for and obtains a certificate of registration from the state board of pharmacy and pays the fee set by a regulation adopted by the board.
2. The state board of pharmacy shall consider each application from an advanced practitioner of nursing separately, and may:
(a) Issue a certificate of registration; or
(b) Refuse to issue a certificate of registration, regardless of the provisions of the certificate issued by the state board of nursing.
Sec. 4. NRS 453.038 is hereby amended to read as follows:
453.038 Chart order means an order entered on the chart of a patient:
1. In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department; or
2. Under emergency treatment in a hospital by a physician, advanced practitioner of nursing, dentist or podiatric physician, or on the written or oral order of a physician, physicians assistant, advanced practitioner of nursing, dentist or podiatric physician authorizing the administration of a drug to the patient.
Sec. 5. NRS 453.091 is hereby amended to read as follows:
453.091 1. Manufacture means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.
2. Manufacture does not include the preparation or compounding of a substance by a person for his own use or the preparation, compounding, packaging or labeling of a substance by a physician, physicians assistant, dentist, podiatric physician , advanced practitioner of nursing or veterinarian:
κ2001 Statutes of Nevada, Page 409 (CHAPTER 47, SB 52)κ
(a) As an incident to his administering or dispensing of a substance in the course of his professional practice; or
(b) By his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.
Sec. 6. NRS 453.126 is hereby amended to read as follows:
453.126 Practitioner means:
1. A physician, dentist, veterinarian or podiatric physician who holds a license to practice his profession in this state and is registered pursuant to this chapter.
2. An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy authorizing him to dispense or to prescribe and dispense controlled substances.
3. A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise authorized in this state to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.
4. A euthanasia technician who is licensed by the Nevada state board of veterinary medical examiners and registered pursuant to this chapter, while he possesses or administers sodium pentobarbital pursuant to his license and registration.
5. A physicians assistant who:
(a) Holds a license from the board of medical examiners or a certificate from the state board of osteopathic medicine; and
(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician or osteopathic physician as required by chapter 630 or 633 of NRS.
6. An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.
Sec. 7. NRS 453.128 is hereby amended to read as follows:
453.128 1. Prescription means:
(a) An order given individually for the person for whom prescribed, directly from a physician, physicians assistant, dentist, podiatric physician, optometrist , advanced practitioner of nursing or veterinarian, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist; or
(b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.
2. The term does not include a chart order written for an inpatient for use while he is an inpatient.
Sec. 8. NRS 453.226 is hereby amended to read as follows:
453.226 1. Every practitioner or other person who dispenses any controlled substance within this state or who proposes to engage in the dispensing of any controlled substance within this state shall obtain biennially a registration issued by the board in accordance with its regulations.
2. A person registered by the board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.
κ2001 Statutes of Nevada, Page 410 (CHAPTER 47, SB 52)κ
substances to the extent authorized by the registration and in conformity with the other provisions of those sections.
3. The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:
(a) An agent or employee of a registered dispenser of a controlled substance if he is acting in the usual course of his business or employment;
(b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, physicians assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian or in lawful possession of a schedule V substance; or
(d) A physician who:
(1) Holds a locum tenens license issued by the board of medical examiners or a temporary license issued by the state board of osteopathic medicine; and
(2) Is registered with the Drug Enforcement Administration at a location outside this state.
4. The board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.
5. A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.
6. The board may inspect the establishment of a registrant or applicant for registration in accordance with the boards regulations.
Sec. 9. NRS 453.336 is hereby amended to read as follows:
453.336 1. A person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physicians assistant, dentist, podiatric physician, optometrist , advanced practitioner of nursing or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.
2. Except as otherwise provided in subsections 3, 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:
(a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.
(b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
(c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.
(d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.
κ2001 Statutes of Nevada, Page 411 (CHAPTER 47, SB 52)κ
3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, 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.
4. Unless a greater penalty is provided in NRS 212.160, a person who is less than 21 years of age and is convicted of the possession of less than 1 ounce of marijuana:
(a) For the first and second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(b) For a third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
5. Before sentencing under the provisions of subsection 4 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176A.200. After the report is received but before sentence is pronounced the court shall:
(a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and
(b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information.
6. As used in this section, controlled substance includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
Sec. 10. NRS 453.371 is hereby amended to read as follows:
453.371 As used in NRS 453.371 to 453.552, inclusive:
1. Advanced practitioner of nursing means a person who holds a certificate of recognition granted pursuant to NRS 632.237 and is registered with the board.
2. Medical intern means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.
[2. Physician, physicians assistant,]
3. Pharmacist means a person who holds a certificate of registration issued pursuant to NRS 639.127 and is registered with the board.
4. Physician, dentist, podiatric physician, [veterinarian, pharmacist] veterinarian and euthanasia technician mean persons authorized by a [valid] license to practice their respective professions in this state who are registered with the board.
5. Physicians assistant means a person who is registered with the board and:
(a) Holds a license issued pursuant to NRS 630.273; or
(b) Holds a certificate issued pursuant to NRS 633.451.
Sec. 11. NRS 453.377 is hereby amended to read as follows:
453.377 A controlled substance may be dispensed by:
1. A registered pharmacist upon a legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge.
2. A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer.
κ2001 Statutes of Nevada, Page 412 (CHAPTER 47, SB 52)κ
3. A practitioner.
4. A registered nurse, when the state, county, city or district health officer has declared a state of emergency.
5. A medical intern in the course of his internship.
6. [An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense controlled substances.
7.] A pharmacy in an institution of the department of prisons to a person designated by the director of the department of prisons to administer a lethal injection to a person who has been sentenced to death.
[8.] 7. A registered pharmacist from an institutional pharmacy, pursuant to regulations adopted by the board.
Sec. 12. NRS 453.381 is hereby amended to read as follows:
453.381 1. In addition to the limitations imposed by NRS 453.256, a physician, physicians assistant, dentist , advanced practitioner of nursing or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.
2. A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.
3. A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.
4. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physicians assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian.
5. Any person who has obtained from a physician, physicians assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physicians assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.
6. A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.
7. A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.
8. A person shall not dispense a controlled substance in violation of a regulation adopted by the board.
Sec. 13. NRS 453.391 is hereby amended to read as follows:
453.391 A person shall not:
1. Unlawfully take, obtain or attempt to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, physicians assistant, dentist, advanced practitioner of nursing, veterinarian or any other person authorized to administer, dispense or possess controlled substances.
κ2001 Statutes of Nevada, Page 413 (CHAPTER 47, SB 52)κ
2. While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.
________
Senate Bill No. 281Senator Shaffer
CHAPTER 48
AN ACT relating to professions; expanding the subject matter of the examinations given by the state board of funeral directors, embalmers and operators of cemeteries and crematories to applicants for certain licenses; clarifying that an applicant for a license as an embalmer is exempt from taking certain portions of the examination given by the board under certain circumstances; exempting an applicant for a license as a funeral director from taking certain portions of the examination given by the board; and providing other matters properly relating thereto.
[Approved: May 10, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 642.090 is hereby amended to read as follows:
642.090 1. Every person who wishes to practice the profession of embalming must appear before the board and, upon payment of a fee not to exceed $300 to cover expenses of examination, must be examined in the knowledge of the subjects set forth in subsection 2. Examinations must be in writing, and the board may require actual demonstration on a cadaver. [If an] An applicant who has [previously taken and] passed the national examination given by the International Conference of Funeral Service Examining Boards [of the United States, the applicant need not retake that examination for purposes of licensing in the State of Nevada.] , is not required to take any portion of the examination set forth in subsection 2 that repeats or duplicates a portion of the national examination. All examination papers must be kept on record by the board.
2. The members of the board shall examine applicants for licenses in the following subjects:
(a) Anatomy, sanitary science and signs of death.
(b) Care, disinfection, preservation, transportation of and burial or other final disposition of dead bodies.
(c) The manner in which death may be determined.
(d) The prevention of the spread of infectious and contagious diseases.
(e) Chemistry, including toxicology.
(f) Restorative art, including plastic surgery and derma surgery.
(g) The laws and regulations of this state relating to funeral directing and embalming.
(h) Regulations of the state board of health relating to infectious diseases and quarantine.
[(h)] (i) Any other subject which the board may determine by regulation to be necessary or proper to prove the efficiency and qualification of the applicant.
κ2001 Statutes of Nevada, Page 414 (CHAPTER 48, SB 281)κ
3. If an applicant fulfills the requirements of NRS 642.080 and 642.0195 and has passed the examination provided for by this chapter, the board shall issue to the applicant a license to practice the profession of embalming for 1 year.
Sec. 2. NRS 642.100 is hereby amended to read as follows:
642.100 Reciprocity may be arranged by the board if an applicant:
1. Is a graduate of a school of mortuary science which is accredited by the International Conference of Funeral Service Examining Boards ; [of the United States;]
2. Is licensed as an embalmer in another state;
3. Has practiced embalming successfully for at least 5 years and practiced actively for 2 years immediately preceding the application for a license by reciprocity;
4. Is of good moral character;
5. Has passed the examination given by the board on the subjects set forth in subsection 2 of NRS 642.090 or the national examination given by the International Conference of Funeral Service Examining Boards ; [of the United States;]
6. Possesses knowledge of the applicable statutes and regulations of this state governing embalmers; and
7. Pays a fee not to exceed $300 to the secretary of the board.
Sec. 3. NRS 642.360 is hereby amended to read as follows:
642.360 1. An application for a permit to operate a funeral establishment, a funeral directors license or a license to conduct direct cremations or immediate burials must be in writing and verified on a form provided by the board.
2. Each applicant must be over 18 years of age and of good character.
3. [Each] Except as otherwise provided in subsection 4, each applicant for a funeral directors license must pass an examination given by the board upon the following subjects:
(a) The signs of death.
(b) The manner by which death may be determined.
(c) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons dying from infectious or contagious diseases.
(d) Local health and sanitary ordinances and regulations relating to funeral directing and embalming.
(e) Federal regulations governing funeral practices.
(f) The laws and regulations of this state relating to funeral directing and embalming.
4. An applicant who has passed the national examination given by the International Conference of Funeral Service Examining Boards, is not required to take any portion of the examination set forth in subsection 3 that repeats or duplicates a portion of the national examination.
5. The application must be accompanied by a fee not to exceed $300.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 415κ
Senate Bill No. 300Committee on Human Resources and Facilities
CHAPTER 49
AN ACT relating to public health; abolishing the bureau of alcohol and drug abuse of the department of human resources; transferring the powers and duties of the bureau to the health division of the department of human resources; requiring the state board of health to adopt regulations governing halfway houses for alcohol and drug abusers, facilities, programs and personnel; and providing other matters properly relating thereto.
[Approved: May 10, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.150 is hereby amended to read as follows:
439.150 1. The state board of health is hereby declared to be supreme in all nonadministrative health matters. It has general supervision over all matters, except for administrative matters, relating to the preservation of the health and lives of citizens of [the] this state and over the work of the state health officer and all district, county and city health departments, boards of health and health officers.
2. The department of human resources is hereby designated as the agency of this state to cooperate with the [duly constituted] federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of public health. It may receive and expend all money made available to the health division by the Federal Government, the [state] State of Nevada or its political subdivisions, or from any other source, for the purposes provided in this chapter. In developing and revising any state plan in connection with federal assistance for health programs, the department shall consider, [among other things,] without limitation, the amount of money available from the Federal Government for those programs, the conditions attached to the acceptance of [the] that money and the limitations of legislative appropriations for those programs.
3. Except as otherwise provided in NRS 458.025 and 576.128, the state board of health may set reasonable fees for the:
(a) Licensing, registering, certifying, inspecting or granting of permits for any facility, establishment or service regulated by the health division;
(b) Programs and services of the health division;
(c) Review of plans; and
(d) Certification and licensing of personnel.
Fees set pursuant to this subsection must be calculated to produce for that period the revenue from the fees projected in the budget approved for the health division by the legislature.
Sec. 2. NRS 442.003 is hereby amended to read as follows:
442.003 As used in this chapter, unless the context requires otherwise:
1. Advisory board means the advisory board on maternal and child health.
2. Department means the department of human resources.
3. Director means the director of the department . [of human resources.]
κ2001 Statutes of Nevada, Page 416 (CHAPTER 49, SB 300)κ
4. Fetal alcohol syndrome includes fetal alcohol effects.
5. Health division means the health division of the department . [of human resources.]
6. Obstetric center has the meaning ascribed to it in NRS 449.0155.
7. Provider of health care or other services means:
(a) [A person who has been certified as a counselor or an administrator of an] An alcohol and drug abuse [program] counselor who is licensed or certified pursuant to chapter [458] 641C of NRS;
(b) A physician or a physicians assistant who is licensed pursuant to chapter 630 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;
(c) A licensed nurse;
(d) A licensed psychologist;
(e) A licensed marriage and family therapist;
(f) A licensed social worker; or
(g) [A] The holder of a certificate of registration as a pharmacist.
Sec. 3. NRS 442.355 is hereby amended to read as follows:
442.355 1. The advisory subcommittee on fetal alcohol syndrome of the advisory board on maternal and child health is hereby created. The subcommittee consists of 12 members, as follows:
(a) The chairman of the advisory board shall appoint:
(1) One member who:
(I) Is a member of the advisory board and is a member of the state board of health; or
(II) Is a member of the advisory board if no member of the advisory board is a member of the state board of health;
(2) One member who is an employee of the division of child and family services;
(3) One member who is a physician certified by the American Board of Obstetrics and Gynecology, or an equivalent organization;
(4) One member who represents persons who operate community-based programs for the prevention or treatment of substance abuse;
(5) One member who is a judge of a juvenile or family court in this state;
(6) One member who represents a statewide organization in this state for the prevention of perinatal substance abuse; and
(7) One member who represents a national organization that provides advocacy and representation for mentally retarded persons. To the extent possible, the member appointed must be nominated by a statewide organization in this state that is affiliated with such a national organization or, if no such statewide organization exists, by a majority of the local affiliates in this state of such a national organization.
(b) The Nevada Hospital Association shall appoint one member who is an administrator of a hospital.
(c) The Nevada Association of Health Plans shall appoint one member as its representative.
(d) The dean of the University of Nevada School of Medicine shall appoint one member who is a member of the faculty of the department of pediatrics of the University of Nevada School of Medicine.
(e) The [chief] administrator of the [bureau of alcohol and drug abuse in the department of human resources] health division shall appoint one member who is an employee of the [bureau.] health division.
κ2001 Statutes of Nevada, Page 417 (CHAPTER 49, SB 300)κ
(f) The superintendent of public instruction is an ex officio member of the subcommittee and may, if he wishes, designate a person to serve on the subcommittee in his place or to attend a meeting of the subcommittee in his place.
2. If any of the appointing entities listed in subsection 1 cease to exist, the appointments required by subsection 1 must be made by the successor in interest of the entity or, if there is no successor in interest, by the chairman of the advisory board.
3. The subcommittee may appoint one or more persons who have special expertise relating to fetal alcohol syndrome to assist the subcommittee in the performance of its duties.
Sec. 4. NRS 449.00455 is hereby amended to read as follows:
449.00455 Facility for the treatment of abuse of alcohol or drugs means any public or private establishment which provides residential treatment, including mental and physical restoration, of abusers of alcohol or drugs and which is certified by the [bureau of alcohol and drug abuse in the department of human resources,] health division pursuant to subsection [3] 4 of NRS 458.025. It does not include a medical facility or services offered by volunteers or voluntary organizations.
Sec. 5. NRS 453.1545 is hereby amended to read as follows:
453.1545 1. The board and the division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy that is registered with the board. The program must:
(a) Be designed to provide information regarding:
(1) The inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies [in order] to prevent the improper or illegal use of [such] those controlled substances; and
(2) Statistical data relating to the use of [such] those controlled substances that is not specific to a particular patient.
(b) Be administered by the board, the division, the [bureau of alcohol and drug abuse in] health division of the department of human resources and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the board and the division.
(c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.
2. The board and division must have access to the program established pursuant to subsection 1 [for the purpose of identifying] to identify any suspected fraudulent or illegal activity related to the dispensing of controlled substances.
3. The board or division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.
4. Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section, must not be disclosed to any person. [Such] That information must be disclosed:
(a) Upon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or
κ2001 Statutes of Nevada, Page 418 (CHAPTER 49, SB 300)κ
(b) Upon the lawful order of a court of competent jurisdiction.
5. The board and the division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.
Sec. 6. NRS 453.580 is hereby amended to read as follows:
453.580 1. A court may establish an appropriate treatment program to which it may assign a person pursuant to NRS 453.3363 or 458.300 or it may assign such a person to an appropriate facility for the treatment of abuse of alcohol or drugs which is certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress towards completion of the program.
2. A program to which a court assigns a person pursuant to subsection 1 must include:
(a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;
(b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and
(c) Alternate courses within the program based on the different substances abused and the addictions of participants.
3. If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program the court must also require frequent urinalysis to determine that the person is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.
4. Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which he is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of his financial resources. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.
Sec. 7. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, unless the context requires otherwise:
1. Administrator means the administrator of the health division.
2. Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
[2.] 3. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
[3.] 4. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
κ2001 Statutes of Nevada, Page 419 (CHAPTER 49, SB 300)κ
[4. Bureau means the bureau of alcohol and drug abuse in the department.
5. Chief means the chief of the bureau.]
5. Board means the state board of health.
6. Civil protective custody means a custodial placement of a person [for the purpose of protecting] to protect his health or safety. Civil protective custody does not have any criminal implication.
7. [Department means the department of human resources.
8. Director means the director of the department.
9.] Facility means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
[10.] 8. Halfway house for alcohol and drug abusers means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.
9. Health division means the health division of the department of human resources.
Sec. 8. NRS 458.025 is hereby amended to read as follows:
458.025 The [bureau of alcohol and drug abuse is hereby created in the department. The bureau:] health division:
1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:
(a) A survey of the need for [education,] prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout [the] this state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
(c) A survey of the need for [trained teachers,] persons who have professional training in fields of health and [others] other persons involved in the [education and] prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.
In developing and revising the state plan, the [bureau] health division shall consider, [among other things,] without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of [the] that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.
2. Is responsible for coordinating efforts to carry out the state plan and coordinating all state and federal financial support of alcohol and drug abuse programs in [the state. The bureau must] this state.
3. Must be consulted in the planning of projects and advised of all applications for grants from within [the] this state which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.
[3. Shall develop and publish standards of certification and may]
4. Shall certify or deny certification of any halfway houses for alcohol and drug abusers, facilities, programs or personnel on the basis of the standards [,] established by the board pursuant to this section, and publish a list of certified halfway houses for alcohol and drug abusers, facilities, programs and personnel.
κ2001 Statutes of Nevada, Page 420 (CHAPTER 49, SB 300)κ
list of certified halfway houses for alcohol and drug abusers, facilities, programs and personnel. Any facilities, programs or personnel which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The [chief:
(a) Shall establish] board shall adopt regulations. The regulations:
(a) Must prescribe the standards for certification of halfway houses for alcohol and drug abusers, facilities, programs and personnel;
(b) Must prescribe the requirements for continuing education for persons certified as counselors and administrators of the programs; and
[(b) May set]
(c) May prescribe the fees for the certification of halfway houses for alcohol and drug abusers, facilities, programs or personnel. [The fees] A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may [the] a fee for a certificate exceed the actual cost to the [bureau] health division of issuing the certificate.
[4.] 5. Upon request from a facility which is self-supported, may certify the facility, its programs and personnel and add them to the list of certified facilities, programs and personnel.
Sec. 9. NRS 458.026 is hereby amended to read as follows:
458.026 1. An applicant for the issuance or renewal of his certification as personnel of an alcohol or drug abuse program or a facility, or as the operator of a halfway house for alcohol and drug abusers, [shall] must submit to the [bureau] health division the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The [bureau] health division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or
(b) A separate form prescribed by the [bureau.] health division.
3. The certification of a person as personnel of an alcohol or drug abuse program or a facility, or as the operator of a halfway house for alcohol and drug abusers, may not be issued or renewed by the [bureau] health division if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the [director] administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
κ2001 Statutes of Nevada, Page 421 (CHAPTER 49, SB 300)κ
Sec. 10. NRS 458.027 is hereby amended to read as follows:
458.027 1. If the [bureau] health division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as personnel of an alcohol and drug abuse program or a facility, or as the operator of a halfway house for alcohol and drug abusers, the [bureau] health division shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the [bureau] health division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The [bureau] health division shall reinstate the certification of a person as personnel of an alcohol and drug abuse program or a facility, or as the operator of a halfway house for alcohol and drug abusers, that has been suspended by a district court pursuant to NRS 425.540 if the [bureau] health division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 11. NRS 458.031 is hereby amended to read as follows:
458.031 The [department] health division shall administer the provisions of NRS 458.010 to 458.350, inclusive, as the sole agency of the State of Nevada for that purpose.
Sec. 12. NRS 458.035 is hereby amended to read as follows:
458.035 The [department] health division may contract with any appropriate public or private agency, organization or institution to carry out the provisions of NRS 458.010 to 458.350, inclusive.
Sec. 13. NRS 458.055 is hereby amended to read as follows:
458.055 1. To preserve the confidentiality of any information concerning persons applying for or receiving any services pursuant to NRS 458.010 to 458.350, inclusive, the [bureau] health division may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the [bureau.] health division.
2. Wherever information concerning persons applying for and receiving any services pursuant to NRS 458.010 to 458.350, inclusive, is furnished to or held by any other government agency or a public or private institution, the use of that information by the agency or institution is subject to the rules established by the [bureau] health division pursuant to subsection 1.
3. Except as otherwise provided in NRS 442.300 to 442.330, inclusive, and 449.705 and chapter 629 of NRS and except for purposes directly connected with the administration of NRS 458.010 to 458.350, inclusive, a person shall not disclose, use or [permit to be disclosed,] authorize the disclosure of any confidential information concerning a person receiving services pursuant to NRS 458.010 to 458.350, inclusive.
Sec. 14. NRS 458.080 is hereby amended to read as follows:
458.080 The [bureau] health division may, by contracting with organized groups, render partial financial assistance in the operation of facilities established by these groups. Each such contract [shall] must contain a provision allowing for an audit of all accounts, books and other financial records of the organization with which the agency contracts.
κ2001 Statutes of Nevada, Page 422 (CHAPTER 49, SB 300)κ
a provision allowing for an audit of all accounts, books and other financial records of the organization with which the agency contracts.
Sec. 15. NRS 458.097 is hereby amended to read as follows:
458.097 Money received by the [bureau] health division pursuant to NRS 369.174 must be used to increase services for the prevention of alcohol abuse and alcoholism and for the detoxification and rehabilitation of abusers. In allocating the money for the increase of services, the [bureau] health division shall give priority to:
1. The areas where there exists a shortage of [personnel to conduct treatment] services for the treatment of alcoholism and alcohol abuse. The [bureau] health division shall determine the areas of shortage on the basis of data available from state and local agencies, data contained in the comprehensive state plan for alcohol and drug abuse programs, and other appropriate data.
2. The needs of counties to provide civil protective custody, pursuant to NRS 458.270, for persons who are found in public places while under the influence of alcohol.
3. Alcohol and drug abuse programs that are primarily directed toward the prevention of such abuse.
Sec. 16. NRS 458.098 is hereby amended to read as follows:
458.098 1. The tax on liquor program account is hereby created in the state general fund.
2. Money in the account that is received pursuant to NRS 369.174 must be used for the purposes specified in NRS 458.097.
3. All claims must be approved by the [chief] administrator before they are paid.
Sec. 17. NRS 458.100 is hereby amended to read as follows:
458.100 1. All gifts or grants of money for an alcohol and drug abuse program which the [bureau] health division is authorized to accept must be deposited in the state treasury for credit to the state grant and gift account for alcohol and drug abuse which is hereby created in the department of human resources gift fund.
2. Money in the account must be used to carry out the provisions of NRS 458.010 to 458.350, inclusive . [, and other programs or laws administered by the bureau.]
3. All claims must be approved by the [chief] administrator before they are paid.
Sec. 18. NRS 458.103 is hereby amended to read as follows:
458.103 The [bureau] health division may accept:
1. [Funds] Money appropriated and made available by any Act of Congress for any alcohol and drug abuse program administered by the [bureau] health division as provided by law.
2. [Funds] Money appropriated and made available by the State of Nevada or by a county, a city, a public district or any political subdivision of this state for any alcohol and drug abuse program administered by the [bureau] health division as provided by law.
Sec. 19. NRS 458.104 is hereby amended to read as follows:
458.104 1. If the [director] administrator determines that current claims exceed the amount of money available to the [bureau] health division because of a delay in the receipt of money from federal grants, he may request from the director of the department of administration a temporary advance from the state general fund for the payment of authorized expenses.
κ2001 Statutes of Nevada, Page 423 (CHAPTER 49, SB 300)κ
2. The director of the department of administration shall notify the state controller and the fiscal analysis division of the legislative counsel bureau of his approval of a request made pursuant to subsection 1. The state controller shall draw his warrant upon receipt of the approval by the director of the department of administration.
3. An advance from the state general fund:
(a) Must be approved by the director of the department of administration for use pursuant to NRS 458.080; and
(b) Is limited to 25 percent of the [revenues] revenue expected to be received in the current fiscal year from any source other than legislative appropriation.
4. Any money which is temporarily advanced from the state general fund to the [bureau] health division pursuant to this section must be repaid by August 31 following the end of the fiscal year during which the money was advanced.
Sec. 20. NRS 458.105 is hereby amended to read as follows:
458.105 The [chief] health division may fix and collect reasonable fees for the sale of miscellaneous printed materials pertaining to alcohol and drug abuse which are purchased or prepared by the [bureau. Such fees shall] health division. The fees must be deposited in the state treasury to the credit of the general fund.
Sec. 21. NRS 458.110 is hereby amended to read as follows:
458.110 In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, the [bureau] health division may engage in any activity necessary to effectuate the purposes of NRS 458.010 to 458.350, inclusive.
Sec. 22. NRS 458.115 is hereby amended to read as follows:
458.115 Money to carry out the provisions of NRS 458.010 to 458.350, inclusive, must be provided by direct legislative appropriation from the state general fund and paid out on claims as other claims against the state are paid. All claims must be approved by the [chief] administrator before they are paid.
Sec. 23. NRS 458.125 is hereby amended to read as follows:
458.125 1. The [bureau] health division shall prepare requests for proposals for the provision by facilities of:
(a) Residential treatment of adolescents who engage in substance abuse;
(b) Outpatient treatment of adolescents who engage in substance abuse;
(c) Comprehensive evaluations of adolescents with problems relating to substance abuse or mental illness, or both; and
(d) Transitional housing for adolescents who engage in substance abuse.
2. Upon accepting a proposal submitted in accordance with this section, the [bureau] health division may advance not more than 8 percent of the amount of the proposal to the facility that submitted the proposal to help defray the costs of starting the provision of the services, including, without limitation, the cost of beds, equipment and rental space for expansion.
3. The [bureau] health division shall establish such requirements for the requests for proposals as it determines necessary.
4. The [bureau] health division shall hire, to the extent of legislative authorization, such staff as it determines necessary to carry out the provisions of this section and NRS 458.131.
Sec. 24. NRS 458.131 is hereby amended to read as follows:
458.131 The [bureau] health division shall, on or before September 1 of each odd-numbered year, submit to the director of the department of human resources a report covering the biennium ending on June 30 of that year.
κ2001 Statutes of Nevada, Page 424 (CHAPTER 49, SB 300)κ
resources a report covering the biennium ending on June 30 of that year. The report must include:
1. The name of each facility that received money pursuant to NRS 458.125 during the biennium, and the amount of money that each facility received for each type of service provided;
2. If a facility received money pursuant to NRS 458.125 during the biennium to help defray the costs of starting the provision of services, the name of the facility, the amount of money received and an accounting of how the money was used;
3. The number of adolescents who received any of the services described in NRS 458.125 from [such] those facilities during the biennium, and the number of adolescents who were receiving [such] those services as of the end of the biennium; and
4. As of the end of the biennium:
(a) The number of adolescents on waiting lists to receive the services described in NRS 458.125; and
(b) An estimate of the number of other adolescents in this state who are in need of the services described in NRS 458.125.
Sec. 25. NRS 458.141 is hereby amended to read as follows:
458.141 1. No person, state or local government or agency thereof may operate or maintain in this state a halfway house for alcohol and drug abusers without first obtaining a certificate therefor from the [bureau.] health division.
2. A person who operates a halfway house for alcohol and drug abusers without a certificate issued by the [bureau] health division is guilty of a misdemeanor.
Sec. 26. NRS 458.145 is hereby amended to read as follows:
458.145 Each certificate issued by the [bureau] health division to a halfway house for alcohol and drug abusers expires on the [first] December 31 following its issuance and is renewable for 1 year upon reapplication and payment of a renewal fee established pursuant to NRS 458.025.
Sec. 27. NRS 458.151 is hereby amended to read as follows:
458.151 The [bureau] health division may:
1. Upon receipt of an application for certification as a halfway house for alcohol and drug abusers, conduct an investigation into the premises, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of that halfway house.
2. Upon receipt of a complaint against a halfway house for alcohol and drug abusers, conduct an investigation into the premises, qualification of personnel, methods of operation, policies, procedures and records of that halfway house.
3. Inspect a halfway house for alcohol and drug abusers at any time, with or without notice, as often as is necessary to ensure compliance with all applicable regulations and standards adopted by the [bureau.] board.
Sec. 28. NRS 458.155 is hereby amended to read as follows:
458.155 1. If a halfway house for alcohol and drug abusers violates any provisions related to its certification, including, without limitation, any law of this state or any applicable condition, standard or regulation adopted by the [bureau, the bureau] board, the health division may:
(a) Suspend or revoke its certification; and
κ2001 Statutes of Nevada, Page 425 (CHAPTER 49, SB 300)κ
(b) Impose an administrative fine of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum.
2. If a halfway house for alcohol and drug abusers fails to pay an administrative fine imposed pursuant to subsection 1, the [bureau] health division may:
(a) Suspend the certificate of the halfway house until the administrative fine is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative fine.
3. Any money collected as an administrative fine must be deposited in the state general fund. If money is needed to pay the costs of an investigation or inspection to carry out the provisions of NRS 458.141 to 458.171, inclusive, the [bureau] health division may present a claim to the state board of examiners for recommendation to the interim finance committee.
Sec. 29. NRS 458.161 is hereby amended to read as follows:
458.161 The [bureau] board shall adopt such regulations as are necessary to carry out the provisions of NRS 458.141 to 458.171, inclusive.
Sec. 30. NRS 458.165 is hereby amended to read as follows:
458.165 1. The [bureau] health division may bring an action in the name of the state to enjoin any person, state or local government or agency thereof from operating or maintaining a halfway house for alcohol and drug abusers:
(a) Without first obtaining a certificate therefor [;] from the health division; or
(b) After such a certificate has been revoked or suspended by the [bureau.] health division.
2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a halfway house without a certificate.
Sec. 31. NRS 458.171 is hereby amended to read as follows:
458.171 The district attorney of the county in which a halfway house for alcohol and drug abusers is located shall, upon application by the [bureau,] health division, institute and conduct the prosecution of any action for the violation of NRS 458.141.
Sec. 32. NRS 458.250 is hereby amended to read as follows:
458.250 The legislature finds and declares that the handling of alcohol abusers within the criminal justice system is ineffective, whereas treating alcohol abuse as a health problem allows its prevention and treatment and relieves law enforcement agencies of a large and inappropriate burden. The provisions of NRS 458.250 to 458.280, inclusive, are intended to provide for the prevention of alcohol abuse and the treatment of alcohol abusers. The provisions of NRS 458.250 to 458.280, inclusive, are further intended to transfer the handling of public intoxication from statutes providing criminal sanctions, [such as] including, without limitation, loitering and vagrancy, to statutes providing for civil protective custody. To accomplish these purposes, the department of human resources shall continue to direct itself to the problem of alcohol abuse at large, attempting to combat the problem [on] at the community level.
Sec. 33. NRS 458.270 is hereby amended to read as follows:
458.270 1. Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that he is unable to exercise care for his [own] health or safety or the health or safety of [others,] other persons, must be placed under civil protective custody by a peace officer.
κ2001 Statutes of Nevada, Page 426 (CHAPTER 49, SB 300)κ
condition that he is unable to exercise care for his [own] health or safety or the health or safety of [others,] other persons, must be placed under civil protective custody by a peace officer.
2. A peace officer may use upon such a person [that] the kind and degree of force which would be lawful if he were effecting an arrest for a misdemeanor with a warrant.
3. If a licensed facility for the treatment of persons who abuse alcohol exists in the community where the person is found, he must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his [own] health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in [either] a licensed facility, jail or detention facility longer than 48 hours.
4. An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.
5. The placement of a person found under the influence of alcohol in civil protective custody must be:
(a) Recorded at the facility, jail or detention facility to which he is delivered; and
(b) Communicated at the earliest practical time to his family or next of kin if they can be located . [and to the department or to a local alcohol abuse authority designated by the department.]
6. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
7. The provisions of this section do not apply to a person who is apprehended or arrested for:
(a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;
(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and
(d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.
Sec. 34. NRS 458.370 is hereby amended to read as follows:
458.370 As used in NRS 458.370 to 458.441, inclusive, unless the context otherwise requires [, commission] :
1. Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. Commission means the commission on substance abuse education, prevention, enforcement and treatment.
κ2001 Statutes of Nevada, Page 427 (CHAPTER 49, SB 300)κ
3. Health division means the health division of the department of human resources.
Sec. 35. NRS 458.380 is hereby amended to read as follows:
458.380 1. The commission on substance abuse education, prevention, enforcement and treatment is hereby created within the department of motor vehicles and public safety.
2. The governor shall appoint as voting members of the commission:
(a) Three members who represent the criminal justice system and are knowledgeable in the areas of the enforcement of laws relating to drugs, parole and probation and the judicial system, at least one of whom is a peace officer;
(b) Three members who represent education and are knowledgeable about programs for the prevention of abuse of drugs and alcohol, at least one of whom is a licensed employee of a local school district;
(c) Three members who represent programs and organizations for the rehabilitation of persons who abuse drugs and alcohol, at least one of whom is a manager of a program accredited by [the] this state to treat persons who abuse drugs and alcohol;
(d) One member who is employed by the [bureau] health division and has experience in matters concerning budgeting and experience in working with the alcohol and drug abuse programs of the [bureau;] health division;
(e) One member who is employed by the division of mental health and developmental services of the department of human resources who has relevant experience, which may include, without limitation, experience in matters concerning budgeting and experience in working with programs of the division of mental health and developmental services of the department of human resources;
(f) One member who represents the interests of private businesses concerning substance abuse in the workplace; and
(g) Three members who represent the general public, one of whom is the parent of a child who has a mental illness or who has or has had a problem with substance abuse.
3. At least three of the voting members of the commission must be representatives of northern Nevada, three must be representatives of southern Nevada and three must be representatives of rural Nevada.
4. The legislative commission shall appoint one member of the senate and one member of the assembly to serve as nonvoting members of the commission. [Such] Those members must be appointed with appropriate regard for their experience with and knowledge of matters relating to substance abuse education, prevention, enforcement and treatment.
5. The director of the department of human resources, the superintendent of public instruction, the director of the department of employment, training and rehabilitation, the director of the department of prisons, the attorney general and the director of the department of motor vehicles and public safety are ex officio nonvoting members of the commission. An ex officio member may designate a representative to serve in his place on the commission or to attend a meeting of the commission in his place. Each ex officio member or his representative shall attend each meeting of the commission and provide any information which the commission requests.
6. The term of office of each voting member of the commission is 2 years.
κ2001 Statutes of Nevada, Page 428 (CHAPTER 49, SB 300)κ
7. The governor shall appoint one member who is not an elected [official] officer to serve as chairman of the commission.
8. Each member of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
9. Except during a regular or special session of the legislature, each legislative member of the commission is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the commission or is otherwise engaged in the business of the commission. The salaries and expenses of the legislative members of the commission must be paid from the legislative fund.
Sec. 36. NRS 458.420 is hereby amended to read as follows:
458.420 The commission shall:
1. Develop, coordinate and adopt a state master plan. The plan:
(a) May include, without limitation, any plans and reports developed by state and local agencies, task forces, councils, committees and community programs for substance abuse education, prevention, enforcement and treatment.
(b) Must include:
(1) A summary of the current activities of the commission;
(2) The goals and objectives of the commission;
(3) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and
(4) Suggestions and advice to the [bureau] health division concerning the alcohol and drug abuse programs of the [bureau.] health division.
2. Prepare and deliver to the governor on or before July 1 of each even-numbered year a report that summarizes the status of the state master plan and of the efforts of the commission to achieve its goals and objectives.
3. Hold and coordinate public hearings throughout [the] this state as are necessary to receive information from the public relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and the enforcement of laws relating to drugs and alcohol.
4. Recommend to the governor annually any proposed legislation relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol.
5. Make grants of available money to programs that provide substance abuse education, prevention, enforcement and treatment and to organizations that evaluate [such] those programs.
6. Collect, evaluate and disseminate information concerning:
(a) The performance of the programs for drug abuse education, prevention, enforcement and treatment; and
(b) Proposed legislation relating to drug abuse education, prevention, enforcement and treatment.
7. Establish a program to recognize publicly persons and programs that have helped to prevent and treat the abuse of drugs and alcohol and enforce laws relating to drugs and alcohol in this state.
Sec. 37. NRS 4.373 is hereby amended to read as follows:
4.373 1. Except as otherwise provided in subsection 2, NRS 211A.127 or another 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.
κ2001 Statutes of Nevada, Page 429 (CHAPTER 49, SB 300)κ
forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. [When] If the circumstances warrant, 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 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;
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or
(c) [Both] The programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the justice of the peace.
3. The justice of the peace may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender 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.
4. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 38. NRS 5.055 is hereby amended to read as follows:
5.055 1. Except as otherwise provided in subsection 2, NRS 211A.127 or another 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. [When] If the circumstances warrant, 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 200 hours;
κ2001 Statutes of Nevada, Page 430 (CHAPTER 49, SB 300)κ
(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;
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or
(c) [Both] The programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the municipal judge.
3. The municipal judge may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender 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.
4. The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 39. NRS 62.2275 is hereby amended to read as follows:
62.2275 1. If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed:
(a) An unlawful act in violation of NRS 484.379 or 484.3795;
(b) The unlawful act of using, possessing, selling or distributing a controlled substance; or
(c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,
the judge, or his authorized representative, shall require the child to undergo an evaluation to determine if the child is an abuser of alcohol or other drugs.
2. The evaluation of a child pursuant to this section:
(a) Must be conducted by:
(1) An alcohol and drug abuse counselor who is licensed or certified or an alcohol and drug abuse counselor intern who is certified pursuant to chapter 641C of NRS to make that classification; or
(2) A physician who is certified to make that classification by the board of medical examiners, who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
κ2001 Statutes of Nevada, Page 431 (CHAPTER 49, SB 300)κ
who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
(b) May be conducted at an evaluation center.
3. The judge shall:
(a) Order the child to undergo a program of treatment as recommended by the person who conducted the evaluation pursuant to subsection 2.
(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all those charges:
(1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. A treatment facility is not liable for any damages to person or property caused by a child who:
(a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct,
after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.
5. The provisions of this section do not prohibit a judge from:
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the [bureau of alcohol and drug abuse.] health division of the department of human resources. The evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
6. All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.
κ2001 Statutes of Nevada, Page 432 (CHAPTER 49, SB 300)κ
parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the drivers record of that child for 7 years after the date of the offense.
7. As used in this section:
(a) [Bureau of alcohol and drug abuse means the bureau of alcohol and drug abuse in the department of human resources.
(b)] Evaluation center has the meaning ascribed to it in NRS 484.3793.
[(c)] (b) Treatment facility has the meaning ascribed to it in NRS 484.3793.
Sec. 40. NRS 200.485 is hereby amended to read as follows:
200.485 1. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur [either] at a time when the person is not required to be at his place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his [own] expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
(b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his [own] expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
3. 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.
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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.
4. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.
5. In addition to any other penalty, the court may require such a person to participate, at his [own] expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources.
6. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge 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. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.
7. [For the purposes of] As used in this section:
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481; and
(b) Offense includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
Sec. 41. NRS 209.4232 is hereby amended to read as follows:
209.4232 [Bureau means the bureau of alcohol and drug abuse in] Health division means the health division of the department of human resources.
Sec. 42. NRS 209.4236 is hereby amended to read as follows:
209.4236 1. The director shall, in conjunction with the [bureau] health division and with the approval of the board, establish one or more therapeutic communities to provide treatment to certain offenders who are substance abusers. A therapeutic community must include, but is not limited to, the requirements set forth in this section.
2. A therapeutic community must provide an offender with:
(a) Intensive treatment for substance abuse;
(b) A clearly defined set of goals;
(c) A clearly defined structure of authority; and
(d) A highly structured schedule that includes, but is not limited to, the treatment listed in paragraph (a) and, if practicable, programs of employment, general education or vocational training.
3. Except as otherwise provided in NRS 209.4231 to 209.4244, inclusive, offenders who are assigned to a therapeutic community, to the extent practicable as determined by the director or a person designated by the director:
(a) Must be housed in areas of a facility or institution that are segregated from other areas of the facility or institution in which offenders who are not assigned to the therapeutic community are housed; and
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(b) Must participate in the therapeutic community for a period of 1 year and a program of aftercare for a period of 1 year if a program of aftercare is required pursuant to NRS 209.4238.
Sec. 43. NRS 209.4237 is hereby amended to read as follows:
209.4237 1. The director shall, in conjunction with the [bureau] health division and with the approval of the board, establish a program to evaluate an offender in the custody of the department to determine whether the offender is a substance abuser and whether the offender may benefit from participation in a therapeutic community.
2. An evaluation of an offender must be conducted pursuant to subsection 1 if the offender is eligible to be assigned to a therapeutic community.
3. After an evaluation is conducted pursuant to subsection 1, the director or a person designated by the director shall determine whether the offender is a substance abuser and whether the offender may benefit from participation in a therapeutic community.
4. If a determination is made that the offender is a substance abuser and that the offender may benefit from participation in a therapeutic community, the director or a person designated by the director shall determine whether to assign the offender to participate in a therapeutic community. In determining whether to assign an offender to participate in a therapeutic community, the director or a person designated by the director shall:
(a) Consider the severity of the problem of substance abuse by the offender and the availability of space in each therapeutic community; and
(b) Give preference, to the extent practicable, to those offenders who appear to be most capable of successfully participating in and completing treatment in a therapeutic community.
5. If an offender is assigned to participate in a therapeutic community, the offender must be assigned to participate in the therapeutic community for the year immediately preceding the date on which he is reasonably expected to be released, as determined by the director.
Sec. 44. NRS 209.4238 is hereby amended to read as follows:
209.4238 1. The director shall, in conjunction with the [bureau] health division and with the approval of the board, establish one or more programs of aftercare to provide continuing treatment to those offenders who successfully complete treatment in a therapeutic community.
2. Except as otherwise provided in NRS 209.4231 to 209.4244, inclusive:
(a) An offender who successfully completes treatment in a therapeutic community must be assigned, to the extent practicable as determined by the director or a person designated by the director, to a program of aftercare upon completion of treatment in a therapeutic community.
(b) An offender shall participate, to the extent practicable as determined by the director or a person designated by the director, in a program of aftercare for a period of 1 year.
(c) If an offender is assigned to a program of aftercare and, before or during his participation in such a program, the offender is released on parole:
(1) The offender shall continue to participate in a program of aftercare, to the extent practicable as determined by the director or a person designated by the director and by the state board of parole commissioners; and
(2) [Such] That participation, if any, must be made a condition of parole pursuant to NRS 213.1235.
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(d) If an offender is assigned to a program of aftercare and, before or during his participation in such a program, the offender is assigned to serve a term of residential confinement pursuant to NRS 209.392, the offender shall continue to participate in a program of aftercare to the extent practicable as determined by the director or a person designated by the director.
Sec. 45. NRS 484.3793 is hereby amended to read as follows:
484.3793 As used in NRS 484.3793 to 484.37947, inclusive:
1. Evaluation center means a facility which is approved by the [bureau of alcohol and drug abuse in] health division of the department of human resources to provide an evaluation of an offender to a court [in order] to determine if the offender is an abuser of alcohol or another drug. The term includes a facility operated by a court or other governmental agency.
2. Treatment facility means a facility for the treatment of abuse of alcohol or drugs, which is certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources.
Sec. 46. NRS 484.37935 is hereby amended to read as follows:
484.37935 The [bureau of alcohol and drug abuse in the department of human resources] state board of health shall adopt by regulation the standards to be used for approving the operation of a facility as an evaluation center for the purposes of NRS 484.37937 to 484.37945, inclusive.
Sec. 47. NRS 484.37937 is hereby amended to read as follows:
484.37937 1. Except as otherwise provided in subsection 2, a person who is found guilty of a first violation of NRS 484.379 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources for at least 6 months. The court shall authorize [such] that treatment if:
(a) The person is diagnosed as an alcoholic or abuser of drugs by:
(1) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make that diagnosis; or
(2) A physician who is certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the cost of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse.
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question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
5. 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 the court.
6. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender 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 he 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 fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 48. NRS 484.3794 is hereby amended to read as follows:
484.3794 1. Except as otherwise provided in subsection 2, a person who is found guilty of a second violation of NRS 484.379 within 7 years may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources for at least 1 year if:
(a) He is diagnosed as an alcoholic or abuser of drugs by:
(1) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make that diagnosis; or
(2) A physician who is certified to make that diagnosis by the board of medical examiners;
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(b) He agrees to pay the costs of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 5 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.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. 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 upon the request of the prosecuting attorney or may order a hearing on its own motion.
5. 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 the court.
6. If the court determines that an application for treatment should be granted, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender 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 he 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 must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
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(b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 49. NRS 484.37947 is hereby amended to read as follows:
484.37947 The provisions of NRS 484.37943 and 484.37945 do not prohibit a court from:
1. Requiring an evaluation pursuant to NRS 484.37943 to be conducted by an evaluation center that is administered by a private company if the company meets the standards of the [bureau of alcohol and drug abuse in the department of human resources] state board of health pursuant to NRS 484.37935; or
2. Ordering the offender to attend a program of treatment that is administered by a private company.
Sec. 50. NRS 608.156 is hereby amended to read as follows:
608.156 1. If an employer provides health benefits for his employees, he shall provide benefits for the expenses for the treatment of abuse of alcohol and drugs. The annual benefits provided by the employer must consist of:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.
(b) Treatment for a patient admitted to a facility, with a maximum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who is not admitted to a facility, with a maximum benefit of $2,500 per calendar year.
2. The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.
3. These benefits must be paid in the same manner as benefits for any other illness covered by the employer are paid.
4. The employee is entitled to these benefits if treatment is received in any:
(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources.
(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of [Hospitals] Healthcare Organizations and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
Sec. 51. NRS 689A.046 is hereby amended to read as follows:
689A.046 1. The benefits provided by a policy for health insurance for treatment of the abuse of alcohol or drugs must consist of:
(a) Treatment for withdrawal from the physiological effect of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.
(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.
2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
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3. The insured person is entitled to these benefits if treatment is received in any:
(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources.
(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of [Hospitals] Healthcare Organizations and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
Sec. 52. NRS 689B.036 is hereby amended to read as follows:
689B.036 1. The benefits provided by a group policy for health insurance, as required in subsection 5 of NRS 689B.030, for treatment of the abuse of alcohol or drugs must consist of:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.
(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.
2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
3. The insured person is entitled to these benefits if treatment is received in any:
(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources.
(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of [Hospitals] Healthcare Organizations and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
Sec. 53. NRS 695B.194 is hereby amended to read as follows:
695B.194 1. The annual benefits provided by a policy for group health insurance issued by a medical service corporation, as required by subsection 8 of NRS 695B.180, for treatment of the abuse of alcohol or drugs must consist of:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.
(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.
2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
3. The insured person is entitled to these benefits if treatment is received in any:
(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources.
(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of [Hospitals] Healthcare Organizations and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
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accredited by the Joint Commission on Accreditation of [Hospitals] Healthcare Organizations and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
Sec. 54. NRS 695C.174 is hereby amended to read as follows:
695C.174 1. The benefits provided by health maintenance plans for treatment of the abuse of alcohol or drugs as required by subparagraph (5) of paragraph (b) of subsection 3 of NRS 695C.170, must consist of:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.
(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.
2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
3. The insured person is entitled to these benefits if treatment is received in any:
(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the [bureau of alcohol and drug abuse in] health division of the department of human resources.
(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of [Hospitals] Healthcare Organizations and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
Sec. 55. Section 57.5 of chapter 574, Statutes of Nevada 1999, at page 3066, is hereby amended to read as follows:
Sec. 57.5. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, and sections 2 to 8, inclusive, of [this act,] Senate Bill No. 161 of this session, unless the context requires otherwise:
1. Administrator means the administrator of the health division.
2. Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
3. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
4. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
5. Board means the state board of health.
6. Civil protective custody means a custodial placement of a person to protect his health or safety. Civil protective custody does not have any criminal implication.
7. Detoxification technician means a person who is certified by the health division to provide screening for the safe withdrawal from alcohol and other drugs.
8. Facility means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
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[8.] 9. Halfway house for alcohol and drug abusers means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.
[9.] 10. Health division means the health division of the department of human resources.
Sec. 56. Section 58 of chapter 574, Statutes of Nevada 1999, at page 3066, is hereby amended to read as follows:
Sec. 58. NRS 458.025 is hereby amended to read as follows:
458.025 The health division:
1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:
(a) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout this state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
(c) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.
In developing and revising the state plan, the health division shall consider, without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.
2. [Is responsible for coordinating] Shall coordinate the efforts to carry out the state plan and [coordinating] coordinate all state and federal financial support of alcohol and drug abuse programs in this state.
3. Must be consulted in the planning of projects and advised of all applications for grants from within this state which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.
4. Shall certify or deny certification of any halfway houses for alcohol and drug abusers, detoxification technicians or any facilities [, programs or personnel] or programs on the basis of the standards established by the board pursuant to this section, and publish a list of certified halfway houses for alcohol and drug abusers, detoxification technicians, facilities [, programs and personnel. Any facilities, programs or personnel] and programs. Any halfway houses for alcohol and drug abusers, detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The board shall adopt regulations. The regulations:
(a) Must prescribe the standards for certification of halfway houses for alcohol and drug abusers, facilities [, programs and personnel;] and programs;
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(b) Must prescribe the requirements for continuing education for persons certified as [counselors and administrators of the programs;] detoxification technicians; and
(c) May prescribe the fees for the certification of halfway houses for alcohol and drug abusers, detoxification technicians, facilities [, programs or personnel.] or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the health division of issuing the certificate.
5. Upon request from a facility which is self-supported, may certify the facility, its programs and [personnel] detoxification technicians and add them to the list [of certified facilities, programs and personnel.] described in subsection 4.
Sec. 57. Section 58.2 of chapter 574, Statutes of Nevada 1999, at page 3067, is hereby amended to read as follows:
Sec. 58.2. NRS 458.026 is hereby amended to read as follows:
458.026 1. An applicant for the issuance or renewal of his certification as [personnel of an alcohol or drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers [,] must submit to the health division the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The health division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or
(b) A separate form prescribed by the health division.
3. The certification of a person as [personnel of an alcohol or drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers [,] may not be issued or renewed by the health division if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
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Sec. 58. Section 58.4 of chapter 574, Statutes of Nevada 1999, at page 3068, is hereby amended to read as follows:
Sec. 58.4. NRS 458.027 is hereby amended to read as follows:
458.027 1. If the health division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as [personnel of an alcohol and drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, the health division shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the health division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The health division shall reinstate the certification of a person as [personnel of an alcohol and drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers [,] that has been suspended by a district court pursuant to NRS 425.540 if the health division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 59. NRS 458.040 and 458.043 are hereby repealed.
Sec. 60. A regulation adopted by the bureau of alcohol and drug abuse of the department of human resources or the chief of the bureau pursuant to NRS 458.025, 458.055, 458.161 or 484.37935 remains in effect as a regulation of the state board of health until amended or repealed by the state board of health.
Sec. 61. This act becomes effective upon passage and approval.
Sec. 62. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
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κ2001 Statutes of Nevada, Page 444κ
Senate Bill No. 470Committee on Government Affairs
CHAPTER 50
AN ACT relating to local governments; revising the time for payment of interest on assessment bonds issued by local governments for local improvements; removing certain obsolete references; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 271.475 is hereby amended to read as follows:
271.475 1. The governing body shall likewise have power to issue negotiable [coupon] bonds in an amount not exceeding the total unpaid assessments levied to pay the cost of any project, howsoever acquired, as hereinafter provided.
2. Any ordinance pertaining to the sale, issuance or payment of bonds or other securities of the municipality , [(] or any combination thereof , [)] may:
(a) Be adopted as if an emergency existed. The declaration of the governing body, if any, is conclusive in the absence of fraud or gross abuse of discretion.
(b) Become effective at any time when an emergency ordinance of the municipality may go into effect.
(c) Be adopted by not less than two-thirds of all of the voting members of the governing body , [(] excluding from any such computation any vacancy on the governing body and any member thereon who may vote only to break a tie vote . [).]
Sec. 2. NRS 271.515 is hereby amended to read as follows:
271.515 1. Any assessment bonds:
(a) Must bear such date or dates;
(b) Must mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years [from] after their date;
(c) Must bear interest [which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;] payable at such intervals, but not less often than annually;
(d) Must be payable in such medium of payment at such place or places within and without the state, including, but not limited to, the office of the county treasurer; and
(e) At the option of the governing body, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of a premium or premiums not exceeding 9 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and [where interest accruing on the bonds is not represented by interest coupons,] the bonds may provide for the endorsing of payments of interest thereon . [; and the] The bonds generally must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the governing body in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
κ2001 Statutes of Nevada, Page 445 (CHAPTER 50, SB 470)κ
must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the governing body in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the governing body may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds [, any interest coupons thereto attached,] and such interim or temporary bonds must be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code-Negotiable Instruments and the Uniform Commercial Code-Investment Securities.
5. Notwithstanding any other provisions of law, the governing body, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds , [(] in this subsection [5] called bond , [)] aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and [where interest accruing thereon is not represented by interest coupons,] for the endorsing of payments of interest on such bond.
(d) Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of larger or smaller denominations . [, which bonds of larger or smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.]
6. Any bonds may be issued hereunder with provisions for their reissuance, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code-Investment Securities, or otherwise.
7. Any bond must be executed in the name of and on behalf of the municipality and signed by the mayor, chairman [,] or other presiding officer of the governing body, countersigned by the treasurer of the municipality, with the seal of the municipality affixed thereto and attested by the clerk.
8. [Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer must be attached to the bonds and bear the original or facsimile signature of the treasurer.
9.] Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. [Compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.
10.] 9. The bonds [and coupons,] bearing the signatures of the officers in office at the time of the signing thereof [,] are the valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
κ2001 Statutes of Nevada, Page 446 (CHAPTER 50, SB 470)κ
[11.] 10. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond . [or coupons pertaining thereto, or upon both the bond and such coupons.]
Sec. 3. NRS 271.620 is hereby amended to read as follows:
271.620 Within 30 days after the maturity of the last installment of any issue of bonds for the local improvement district, if any such bonds [or interest coupons] remain unpaid, any property remaining unsold, to which the municipality has taken title or on which it holds a certificate of sale, [shall] must be offered for sale by giving notice of the time and place of sale by publication and by mail. At the time and place designated in the notice , the treasurer shall offer such property for sale to the highest bidder. Upon the sale of any property and payment therefor, a deed shall be executed to the purchaser in substantially the same manner as herein provided for the execution of deeds.
Sec. 4. NRS 271.630 is hereby amended to read as follows:
271.630 1. If any assessment or installment thereof is not promptly collected or enforced, then any bondholder may file and prosecute a foreclosure action in the name of the municipality. Any bondholder may also proceed against such municipality to protect and enforce the rights of the bondholders under the Consolidated Local Improvements Law, or under any charter adopting the provisions hereof or referring hereto for a method of collecting assessments, or any ordinance required or permitted thereunder, by suit, action or special proceedings in equity or at law, either for the appointment of a receiver or for the specific performance of any provisions contained herein or in such ordinance or in an award of execution of any power granted herein or in such ordinance for the enforcement of any proper, legal or equitable remedy as such bondholder or bondholders may deem most effectual to protect and enforce the rights aforesaid.
2. All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all holders of the bonds [and coupons] then outstanding. The failure of the bondholders so to foreclose such delinquent assessments, or so to proceed against the municipality, or both, shall not relieve the municipality or any of its officers, agents or employees of any liability for its failure so to foreclose such delinquent assessments.
Sec. 5. This act becomes effective upon passage and approval.
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κ2001 Statutes of Nevada, Page 447κ
Assembly Bill No. 11Assemblyman Carpenter
CHAPTER 51
AN ACT relating to the charter of the City of Elko; renaming the board of supervisors as the city council; revising the duties of the city council; clarifying the regulatory authority of the city council; revising the requirements relating to notice for special and emergency meetings; renaming the vice president chosen by the city council as the mayor pro tempore; repealing certain provisions; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.050 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 475, is hereby amended to read as follows:
Sec. 1.050 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Four [supervisors.] members of the city council.
2. Such officers [shall] must be elected as provided by this charter.
Sec. 2. Section 1.060 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 515, Statutes of Nevada 1997, at page 2450, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies. Except as otherwise provided in NRS 268.325:
1. A vacancy in the [board of supervisors] city council must be filled by a majority vote of the members of the city council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the [board] city council before the vacancy occurs. In such a case, each member of the [board,] city council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the [board] city council pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
2. No such appointment extends beyond the first Monday in July after the next municipal election, at which election the office must be filled.
Sec. 3. Section 1.070 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 52, Statutes of Nevada 1973, at page 71, is hereby amended to read as follows:
Sec. 1.070 Appointive offices.
1. The [board of supervisors of the] city council shall appoint the following officers:
(a) City clerk.
(b) City attorney.
(c) Chief of police.
(d) Municipal judge.
(e) Fire chief.
κ2001 Statutes of Nevada, Page 448 (CHAPTER 51, AB 11)κ
(f) City manager.
(g) City engineer, who may be the city manager.
2. The [board of supervisors shall have the power to] city council may establish such other offices and [to] appoint such other officers as it may deem necessary.
Sec. 4. Section 1.080 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 476, is hereby amended to read as follows:
Sec. 1.080 Appointive officers: Duties; salary.
1. All appointive officers of the city shall perform such duties under the direction of the city manager as may be designated by the [board of supervisors.] city council.
2. All appointive officers of the city shall receive such salary as may be designated by the [board of supervisors.] city council.
Sec. 5. Section 1.090 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 476, is hereby amended to read as follows:
Sec. 1.090 Officers performance bonds. The [board of supervisors] city council may require from all officers and employees of the city constituted or appointed under this charter, [except supervisors,] other than members of the city council, sufficient security for the faithful and honest performance of their respective duties.
Sec. 6. Section 1.100 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 476, is hereby amended to read as follows:
Sec. 1.100 Mayor and members of [board of supervisors] city council not to hold other office.
1. The mayor and the members of the [board of supervisors shall not:
(a) Hold] city council:
(a) Shall not hold any other elective office with Elko County or the city, except as otherwise provided by law or as a member of a board or commission for which no compensation is received.
(b) [Be] Must not be elected or appointed to any office created by or the compensation for which was increased or fixed by the [board of supervisors] city council until 1 year after the expiration of the term for which such person was elected.
2. Any person holding any office proscribed by subsection 1 [shall automatically forfeit] automatically forfeits his office as mayor or [supervisor.] as a member of the city council.
Sec. 7. Section 1.110 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 476, is hereby amended to read as follows:
Sec. 1.110 Oath of office. Every person elected or appointed to fill any office shall subscribe to the official oath as provided by the [board of supervisors.] city council. Every such person shall swear or affirm that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government.
κ2001 Statutes of Nevada, Page 449 (CHAPTER 51, AB 11)κ
Sec. 8. Section 2.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 98, Statutes of Nevada 1977, at page 204, is hereby amended to read as follows:
Sec. 2.010 [Board of supervisors:] City council: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a [board of supervisors] city council consisting of four [supervisors] members and the mayor.
2. The [supervisors shall] members of the city council must be:
(a) Bona fide residents of the city for at least 2 years [prior to] before their election.
(b) Qualified electors within the city.
3. All members of the [board of supervisors shall] city council must be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.
4. The [board of supervisors shall] members of the city council must receive a salary in an amount fixed by the [board of supervisors.] city council.
Sec. 9. Section 2.020 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 476, is hereby amended to read as follows:
Sec. 2.020 [Board of supervisors:] City council: Contracts. Members of the [board of supervisors] city council may vote on any lease, contract or other agreement which extends beyond their terms of office.
Sec. 10. Section 2.030 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 52, Statutes of Nevada 1973, at page 71, is hereby amended to read as follows:
Sec. 2.030 [Board of supervisors:] City council: Duties concerning departments.
1. The [board of supervisors] city council shall establish a finance department of the city, and may establish such other departments as it determines are necessary. The city council shall control and supervise the departments of the city and may establish such rules and regulations as may be necessary for the administration of [such] the departments.
2. The mayor shall designate , from among the [board of supervisors,] members of the city council, members to act as [:
(a) Police supervisor.
(b) Supervisor of streets.
(c) Supervisor of waterworks and sewer.
(d) Supervisor of fire.
(e) Supervisor
of airport and public property.
3. The mayor shall be known as the supervisor of finance and revenue.
4.] liaisons for the different departments and functions of the city.
3. The duties of each department [shall] must be designated by the [board of supervisors.] city council.
κ2001 Statutes of Nevada, Page 450 (CHAPTER 51, AB 11)κ
Sec. 11. Section 2.040 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 477, is hereby amended to read as follows:
Sec. 2.040 [Board of supervisors:] City council: Discipline of members, other persons; subpoena power.
1. The [board of supervisors] city council may:
(a) Provide for the punishment of any member of the city council for disorderly conduct committed in its presence.
(b) Order the attendance of witnesses and the production of all papers relating to any business before the [board of supervisors.] city council.
2. If any person ordered to appear before the [board of supervisors] city council fails to obey [such] the order:
(a) The [board of supervisors] city council or any member thereof may apply to the clerk of the district court for a subpoena commanding the attendance of the person before the [board of supervisors.
(b) Such] city council.
(b) The clerk may issue the subpoena, and any peace officer may serve it.
(c) If the person upon whom the subpoena is served fails to obey it, the court may issue [any] an order to show cause why [such] the person should not be held in contempt of court and upon hearing of the matter may adjudge [such] the person guilty of contempt and punish him accordingly.
Sec. 12. Section 2.050 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 477, is hereby amended to read as follows:
Sec. 2.050 Meetings: Quorum.
1. The [board of supervisors] city council shall hold at least one regular meeting each month, and , by ordinance , may provide for additional regular meetings.
2. A majority of all members of the [board of supervisors] city council constitutes a quorum to do business, but a lesser number of the members of the city council may meet and recess from time to time, and compel the attendance of the absent members.
3. Except as otherwise provided by law, all sessions and all proceedings of the [board of supervisors shall] city council must be public.
Sec. 13. Section 2.060 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 477, is hereby amended to read as follows:
Sec. 2.060 Meetings: Special [.] and emergency.
1. In addition to its regularly scheduled meetings, the city council may hold special and emergency meetings. Special and emergency meetings may be held on call of the mayor or by a majority of the [board of supervisors, by giving a minimum of 6 hours written notice of such special meeting to each member of the board of supervisors prior to the meeting. A special meeting may be held without notice with the unanimous written consent of the board of supervisors.] city council in a manner that complies with the provisions of chapter 241 of NRS.
2. At a special meeting:
κ2001 Statutes of Nevada, Page 451 (CHAPTER 51, AB 11)κ
(a) [No contract involving the expenditure of money may be made or claim allowed unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the city at least 1 day before such meeting.
(b)] No business may be transacted except such as has been stated in the call of the meeting . [or in the written consent to the holding of such meeting without notice.
(c)] (b) No ordinance may be passed except an emergency ordinance . [, or one specified in section 7.020.]
Sec. 14. Section 2.070 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 478, is hereby amended to read as follows:
Sec. 2.070 Meetings: Time and place; rules. The [board of supervisors] city council may:
1. Fix the time and place of its meetings and judge the qualifications and election of its own members.
2. Adopt rules for the government of its members and proceedings.
Sec. 15. Section 2.080 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 478, is hereby amended to read as follows:
Sec. 2.080 Oaths and affirmations. The mayor, each [supervisor] member of the city council and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the [board of supervisors] city council or to be considered by the [board of supervisors.] city council.
Sec. 16. Section 2.090 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 478, is hereby amended to read as follows:
Sec. 2.090 Powers of [board of supervisors:] city council: Ordinances, resolutions and orders.
1. The [board of supervisors] city council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.
2. When power is conferred upon the [board of supervisors] city council to do and perform anything, and the manner of exercising [such] the power is not specifically provided for, the [board of supervisors] city council may provide by ordinance the manner and details necessary for the full exercise of [such] the power.
3. The [board of supervisors] city council may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.
4. The [board of supervisors shall have] city council has such powers, not in conflict with the express or implied provisions of this charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter.
5. The city council shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he is elected or appointed.
κ2001 Statutes of Nevada, Page 452 (CHAPTER 51, AB 11)κ
Sec. 17. Section 2.100 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 478, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance may be passed except by bill and by a majority vote of the whole [board of supervisors.] city council. The style of all ordinances [shall] must be as follows: The [Board of Supervisors] City Council of the City of Elko does ordain:.
2. [No ordinance shall] An ordinance must not contain more than one subject, which [shall] must be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.
3. Any ordinance which amends an existing ordinance [shall] must set out in full the ordinance or sections thereof to be amended, and [shall] must indicate matter to be omitted . [by enclosing it in brackets and shall indicate new matter by underscoring or by italics.]
Sec. 18. Section 2.110 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 160, Statutes of Nevada 1983, at page 368, is hereby amended to read as follows:
Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be read to the [board of supervisors] city council by title and may be referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 10 days before the adoption of the ordinance. The [board of supervisors] city council shall adopt or reject the ordinance or an amendment thereto, within 30 days after the date of publication.
2. At the next regular meeting or adjourned meeting of the [board of supervisors] city council following the proposal of an ordinance, the ordinance must be considered again with the report of the committee, if any. Thereafter, it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.020, by unanimous consent of the [board of supervisors,] city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances must be signed by the mayor, attested by the city clerk and published by title, together with the names of the [supervisors] members of the city council voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance becomes effective. The [board of supervisors] city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
κ2001 Statutes of Nevada, Page 453 (CHAPTER 51, AB 11)κ
supervisors] city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall [record] keep on file all ordinances [in a book kept for that purpose, together with] , including the affidavits of publication by the publisher.
Sec. 19. Section 2.120 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 344, Statutes of Nevada 1973, at page 428, is hereby amended to read as follows:
Sec. 2.120 Codification of ordinances; publication of code.
1. The [board of supervisors] city council may codify and publish a code of its municipal ordinances in the form of a municipal code . [, which code may, at the election of the board of supervisors, have incorporated therein] The city council may incorporate into the municipal code a copy of this charter and such additional data as the [board of supervisors] city council may prescribe. When [such] the municipal code is published, two copies [shall] of the code must be filed with the librarian at the supreme court law library.
2. The ordinances in the code [shall] must be arranged in appropriate chapters, articles, and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification [shall] must be adopted by an ordinance and [shall] must not contain any substantive changes, modifications or alterations of existing ordinances . [; and the] The only title necessary for the ordinance [shall be,] is An ordinance for codifying and compiling the general ordinances of the City of Elko.
4. The codification may be amended or extended by ordinance.
Sec. 20. Section 2.130 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 480, is hereby amended to read as follows:
Sec. 2.130 Powers of [board of supervisors:] city council: Public property, buildings.
1. The [board of supervisors] city council may:
(a) Control the property of the corporation.
(b) Erect and maintain all buildings necessary for the use of the city.
(c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the city, improve and protect such property, and do all other things in relation thereto which natural persons might do.
2. The [board of supervisors] city council may not, except as otherwise specifically provided by this charter or any other law, mortgage, hypothecate or pledge any property of the city for any purpose.
Sec. 21. Section 2.140 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 480, is hereby amended to read as follows:
Sec. 2.140 Powers of [board of supervisors:] city council: Eminent domain. The [board of supervisors] city council may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.
κ2001 Statutes of Nevada, Page 454 (CHAPTER 51, AB 11)κ
Sec. 22. Section 2.150 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 480, is hereby amended to read as follows:
Sec. 2.150 Powers of [board of supervisors:] city council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The [board of supervisors] city council may:
(a) Regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The [board of supervisors] city council may establish any equitable standard to be used in fixing license taxes collected pursuant to this section.
Sec. 23. Section 2.160 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 105, Statutes of Nevada 1977, at page 219, is hereby amended to read as follows:
Sec. 2.160 Powers of [board of supervisors:] city council: Recreational facilities; definition.
1. The legislature finds and declares that recreation facilities for the use and enjoyment of all the inhabitants of the city are public uses and municipal purposes, and that the acquisition, construction and operation thereof by the [board of supervisors] city council will promote the morals, amusement, entertainment, health, welfare and safety of the inhabitants of the city.
2. As used in sections 2.160 [to 2.180, inclusive,] , 2.170 and 2.180, recreation facility or recreation facilities means a place, structure, area or other facility used for community recreation, such as playgrounds, playing fields or courts, beaches, lakes, rivers, swimming pools, dams constructed across streams or rivers for the creation of swimming pools and recreational reservoirs, gymnasiums, auditoriums, camps, parks, ski facilities, golf courses, natural reservations, recreation grounds, fairgrounds, exposition buildings, convention halls, fieldhouses, amusement halls and recreation centers.
Sec. 24. Section 2.170 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 105, Statutes of Nevada 1977, at page 219, is hereby amended to read as follows:
Sec. 2.170 Powers of [board of supervisors:] city council: Recreational facilities; financing. The [board of supervisors] city council may:
1. Establish, construct, purchase, lease, rent, acquire by gift, grant, bequest, devise, or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage recreation facilities within or without the city, including personal or real property, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.
2. Deposit the proceeds of any of the license taxes collected pursuant to section 2.150 in a special fund in the city treasury for the purpose of:
κ2001 Statutes of Nevada, Page 455 (CHAPTER 51, AB 11)κ
(a) Operating and maintaining recreation facilities under the jurisdiction of the [board of supervisors.] city council.
(b) Improving, extending and bettering such recreation facilities.
(c) Constructing, purchasing or otherwise acquiring such recreation facilities.
3. Accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, corporate or otherwise, the State of Nevada or any of its political subdivisions or from any other source, for or in aid of any recreation facility within the [board of supervisors] area of operation [,] of the city council, and comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.
Sec. 25. Section 2.180 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 481, is hereby amended to read as follows:
Sec. 2.180 Powers of [board of supervisors:] city council: Recreational facilities; flood control projects. Whenever any recreation facility is affected by or will be affected by any flood control project being constructed or to be constructed under the provisions of any federal law, if the [board of supervisors] city council finds that [such] the flood control project will improve, better and protect [such] the recreation facility, the [board of supervisors shall have the power to] city council may give assurances to and perform any other acts required by and satisfactory to the Secretary of the Army that the local cooperation required for [such] the flood control project by [such] federal law will be furnished by the city.
Sec. 26. Section 2.190 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 481, is hereby amended to read as follows:
Sec. 2.190 Powers of [board of supervisors:] city council: Police ordinances. The [board of supervisors] city council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.
Sec. 27. Section 2.200 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 391, Statutes of Nevada 1999, at page 1861, is hereby amended to read as follows:
Sec. 2.200 Powers of [board of supervisors:] city council: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. The [board of supervisors] city council may:
1. Organize, regulate and maintain a fire department.
2. Provide for the appointment of a fire chief and prescribe his duties.
3. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept. Any ordinance adopted pursuant to this subsection that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the division of industrial relations of the department of business and industry pursuant to NRS 618.890.
κ2001 Statutes of Nevada, Page 456 (CHAPTER 51, AB 11)κ
4. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section, and to provide for the prevention, suppression and extinguishment of fires and conditions hazardous to life and property from fire, explosion or combustion, and to provide for the enforcement of all such codes and regulations by imposing adequate penalties for violations thereof.
Sec. 28. Section 2.210 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 481, is hereby amended to read as follows:
Sec. 2.210 Powers of [board of supervisors:] city council: Public health; board of health; regulations. The [board of supervisors] city council may:
1. Provide for safeguarding public health in the city.
2. Create a board of health and prescribe the powers and duties of [such] the board.
3. Provide for the enforcement of all regulations and quarantines established by the board of health by imposing adequate penalties for violations thereof.
Sec. 29. Section 2.220 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 482, is hereby amended to read as follows:
Sec. 2.220 Powers of [board of supervisors:] city council: Buildings; construction and maintenance regulations; building and safety codes. The [board of supervisors] city council may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.
2. Adopt any building or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary.
Sec. 30. Section 2.230 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 482, is hereby amended to read as follows:
Sec. 2.230 Powers of [board of supervisors:] city council: Zoning and planning. The [board of supervisors] city council may:
1. Divide the city into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within [such] the districts.
2. Establish and adopt ordinances and regulations relating to the subdivision of land.
Sec. 31. Section 2.240 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 482, is hereby amended to read as follows:
Sec. 2.240 Powers of [board of supervisors:] city council: Subdivision; payment for installation of utilities. The [board of supervisors] city council may require the owners of land who lay out and plat the land into lots, streets and alleys to guarantee the payment for the installation of sewers, water mains and lines, drains, curbs and gutters, and the grading and paving of streets within the division or subdivision defined by the plat.
κ2001 Statutes of Nevada, Page 457 (CHAPTER 51, AB 11)κ
Sec. 32. Section 2.250 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 482, is hereby amended to read as follows:
Sec. 2.250 Powers of [board of supervisors:] city council: Rights of way, parks, public buildings and grounds and other public places. The [board of supervisors] city council may:
1. Lay out, maintain, alter, improve or vacate all public rights of way in the city.
2. Regulate the use of public parks, buildings, grounds and rights of way and prevent the unlawful use thereof.
3. Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.
4. [Regulate] To the extent permissible under the Nevada constitution and the Constitution of the United States, regulate and prevent in all public places:
(a) The distribution and exhibition of handbills or signs.
(b) Any practice tending to annoy persons passing in such public places.
(c) Public demonstrations and processions.
5. Prevent riots or any act tending to promote riots in any public place.
Sec. 33. Section 2.260 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 482, is hereby amended to read as follows:
Sec. 2.260 Powers of [board of supervisors:] city council: Traffic control. The [board of supervisors] city council may, by ordinance, regulate:
1. All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets and rights of way.
2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
Sec. 34. Section 2.270 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 482, Statutes of Nevada 1981, at page 969, is hereby amended to read as follows:
Sec. 2.270 Powers of [board of supervisors:] city council: Parking meters; offstreet public parking facilities.
1. The [board of supervisors] city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters must be fixed by the [board of supervisors.] city council.
2. Except as otherwise provided by this charter, the [board of supervisors] city council may acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing offstreet public parking facilities for vehicles. The [board of supervisors] city council may, in bonds issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.
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the city, or both, to secure the payment of the principal and interest thereon.
Sec. 35. Section 2.280 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 483, is hereby amended to read as follows:
Sec. 2.280 Powers of [board of supervisors:] city council: Railroads. The [board of supervisors] city council may:
1. License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right of way.
2. Grant franchises to any person or corporation to operate a railroad or streetcar upon public rights of way and adjacent property.
3. Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right of way.
4. Condemn rights of way for any public purpose across any railroad right of way.
5. Prescribe the length of time any public right of way may be obstructed by trains standing thereon.
6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
7. Require railroad companies to provide protection against injury to persons or property.
8. Compel railroad companies to raise or lower their tracks to conform to any grade established by the city.
9. Compel railroad companies to provide that drainage from property adjacent to their tracks not be impaired.
Sec. 36. Section 2.290 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 483, is hereby amended to read as follows:
Sec. 2.290 Powers of [board of supervisors:] city council: Nuisances. The [board of supervisors] city council may:
1. Determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of [such] those nuisances at the expense of the person creating, causing or committing [such nuisances.] the nuisance.
3. Provide that [such] the expense of removal [shall be] is a lien upon the property upon which the nuisance is located. Such a lien [shall:] must:
(a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for such nuisances.
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Sec. 37. Section 2.300 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended to read as follows:
Sec. 2.300 Powers of [board of supervisors:] city council: Animals and poultry. The [board of supervisors] city council may:
1. Fix, impose and collect an annual per capita tax on all animals and provide for the capture and disposal of all animals on which the tax is not paid.
2. Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.
3. Establish a [pound, appoint a poundkeeper and prescribe his duties.] facility for animal control and may appoint or hire such personnel as may be necessary to operate the facility.
4. Prohibit cruelty to animals.
Sec. 38. Section 2.310 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended to read as follows:
Sec. 2.310 Powers of [board of supervisors:] city council: Abatement of noxious insects, rats and disease-bearing organisms. The [board of supervisors] city council may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in territory outside the city but so situated that such insects, rats and disease-bearing organisms migrate or are carried into the city.
Sec. 39. Section 2.320 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended to read as follows:
Sec. 2.320 Powers of [board of supervisors:] city council: Sanitary sewer facilities. The [board of supervisors] city council may:
1. Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.
2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewer lines thereto.
3. Establish sewer fees and provide for the enforcement and collection thereof.
Sec. 40. Section 2.330 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended to read as follows:
Sec. 2.330 Powers of [board of supervisors:] city council: Provision of utilities. The [board of supervisors] city council may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of [such] the utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and [shall] may be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien [shall:] must:
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(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 41. Section 2.340 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended to read as follows:
Sec. 2.340 Powers of [board of supervisors:] city council: Cemeteries; acquisition and maintenance. The [board of supervisors] city council may, by any lawful means:
1. Acquire and maintain property for public use as a cemetery.
2. Survey, plat, map, fence, ornament, and otherwise improve all public cemetery grounds.
3. Convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of [such] cemetery grounds.
4. Vacate public burial and cemetery grounds.
5. Prohibit subsequent burials therein.
6. Provide for the removal therefrom of all bodies which may have been interred therein.
Sec. 42. Section 2.350 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 485, is hereby amended to read as follows:
Sec. 2.350 Powers of [board of supervisors:] city council: Television franchises.
1. The [board of supervisors] city council may contract with, authorize or grant a franchise to, any person, company or association to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.
2. Any franchise granted [shall] must require a time within which actual construction [shall] must be commenced, a time within which distribution of television [shall] must be completed, and the posting of a bond in an amount to be set by the [board of supervisors] city council to assure compliance therewith.
Sec. 43. Section 2.360 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 485, is hereby amended to read as follows:
Sec. 2.360 Powers of [board of supervisors:] city council: Flood control. The [board of supervisors] city council may:
1. Construct, within or without the city limits, works designed to protect the city from floods.
2. Acquire by purchase or condemnation any property or water right necessary or appropriate for [such] that purpose.
3. Enact all ordinances and regulations necessary to carry the power conferred in this section into effect.
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Sec. 44. Section 3.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 98, Statutes of Nevada 1977, at page 204, is hereby amended to read as follows:
Sec. 3.010 Mayor: Qualifications; duties; [vice president.] mayor pro tempore.
1. The mayor [shall] must be:
(a) A bona fide resident of the city for at least 2 years [prior to] before his election.
(b) A qualified elector within the city.
2. The mayor shall:
(a) Serve as ex officio president of the [board of supervisors] city council and preside over its meetings.
(b) Serve as the chief executive officer of the city.
(c) Be recognized as the head of the city government for all ceremonial purposes.
(d) Perform such emergency duties as may be necessary for the health, welfare and safety of the city.
(e) Perform such other duties, except administrative duties assigned by the [board of supervisors] city council to the city manager, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.
3. The [board of supervisors] city council shall elect one of its members to be [vice president. Such person shall:
(a) Hold] the mayor pro tempore who:
(a) Holds such office and title, without additional compensation, during the term for which he was elected.
(b) [Perform] Must perform the duties of mayor during the absence or disability of the mayor.
(c) [Act] Must act as mayor until the next municipal election if the office of mayor becomes vacant.
Sec. 45. Section 3.020 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 486, is hereby amended to read as follows:
Sec. 3.020 City manager: Duties.
1. The city manager shall perform such administrative duties as the [board of supervisors] city council may designate. [His] The city council shall fix the duties and salary [shall be fixed by the board of supervisors.] of the city manager.
2. The city manager may appoint such [clerical and administrative assistants] personnel as he may deem necessary, subject to the approval of the [board of supervisors.] city council.
Sec. 46. Section 3.030 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 486, is hereby amended to read as follows:
Sec. 3.030 City clerk: Duties. The city clerk shall:
1. Keep the corporate seal and all books and papers belonging to the city.
2. Attend all meetings of the [board of supervisors] city council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the [board of supervisors,] city council, the city clerk shall attest the journal after it has been signed by the mayor.
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approval at each meeting of the [board of supervisors,] city council, the city clerk shall attest the journal after it has been signed by the mayor.
3. Sign all warrants issued.
4. Number and countersign all licenses issued by the city. All licenses [shall] must be in a form devised by the city clerk and approved by the [board of supervisors.] city council.
5. Enter upon the journal the result of the vote of the [board of supervisors] city council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.
6. Act as ex officio city treasurer, registry agent and license collector.
7. Perform such other duties as may be required by the [board of supervisors.] city council.
Sec. 47. Section 3.040 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 486, is hereby amended to read as follows:
Sec. 3.040 City clerks bond. The city clerk [shall be] is liable and accountable on his official bond for the performance of his duties under the provisions of this charter, and the [board of supervisors] city council may require from him such additional security as may be necessary from time to time.
Sec. 48. Section 3.070 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 487, is hereby amended to read as follows:
Sec. 3.070 Chief of police: Police officers. The chief of police may, subject to approval of the [board of supervisors,] city council, appoint and supervise such police officers as may be deemed necessary.
Sec. 49. Section 3.080 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 487, is hereby amended to read as follows:
Sec. 3.080 City officers: Duties restricted and altered. The [board of supervisors] city council may prescribe by ordinance the powers and duties of all city officers and may add to, alter or restrict such powers and duties.
Sec. 50. Section 3.090 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 487, is hereby amended to read as follows:
Sec. 3.090 City officers: Absence from office. If any appointive officer removes his office from the city, or absents himself therefrom for more than 30 days without leave of the [board of supervisors,] city council, his office [shall] must be declared vacant by the [board of supervisors,] city council and the vacancy filled by appointment as provided in this charter.
Sec. 51. Section 3.100 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 487, is hereby amended to read as follows:
Sec. 3.100 City officers: Collection and disposition of [moneys.] money.
1. All taxes, fines, forfeitures or other [moneys] money collected or recovered by any officer or person pursuant to the provisions of this charter or [of] any valid ordinance of the city [shall] must be paid by the
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officer or person collecting or receiving [them] the money to the finance department of the city [clerk, who] , which shall dispose of [them] the money in accordance with the ordinances, regulations and procedures established by the [board of supervisors.] city council.
2. The [board of supervisors] city council may , by proper legal action , collect all [moneys which are] money that is due and unpaid to the city or any office thereof, and the [board of supervisors] city council may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of [such moneys.] that money.
Sec. 52. Section 3.110 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 487, is hereby amended to read as follows:
Sec. 3.110 Removal of officers. If any officer is adjudged guilty of nonfeasance, misfeasance or malfeasance in office [,] by any court of competent jurisdiction, the [board of supervisors] city council may declare the office vacant and fill the vacancy so caused [,] as provided by law.
Sec. 53. Section 4.020 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 208, Statutes of Nevada 1985, at page 673, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Municipal judge. The salary of the municipal judge must be fixed by the [board of supervisors.] city council.
Sec. 54. Section 5.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 488, is hereby amended to read as follows:
Sec. 5.010 Municipal elections.
1. On the 1st Tuesday after the 1st Monday in June 1975, and at each successive interval of 4 years, there [shall] must be elected by the qualified voters of the city , at a general election to be held for that purpose , a mayor and two [supervisors,] members of the city council, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
2. On the 1st Tuesday after the 1st Monday in June 1973, and at each successive interval of 4 years thereafter, there [shall] must be elected by the qualified voters of the city , at a general election to be held for that purpose , two [supervisors,] members of the city council, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
Sec. 55. Section 5.020 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 488, is hereby amended to read as follows:
Sec. 5.020 Applicability of state election laws; elections under [board of supervisors control.] control of city council.
1. All elections held under this charter [shall be] are governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent herewith.
2. The conduct of all municipal elections [shall be] is under the control of the [board of supervisors.] city council. For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the [board of supervisors] city council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
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for the recount of ballots in cases of doubt or fraud, the [board of supervisors] city council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
Sec. 56. Section 5.030 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 488, is hereby amended to read as follows:
Sec. 5.030 Qualifications, registration of voters.
1. Every person who resides within the city at the time of holding [any] a municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at [each] the municipal election and for all officers to be voted for and on all questions that may be submitted to the people at [any such] the election, except as otherwise provided in this article.
2. Nothing in this charter [shall be so construed as to deny or abridge] denies or abridges the power of the [board of supervisors] city council to provide for supplemental registration.
Sec. 57. Section 5.080 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 489, is hereby amended to read as follows:
Sec. 5.080 Voting machines. The [board of supervisors] city council may provide for the use of mechanical or other devices for voting or counting [the] votes that is not inconsistent with law or the regulations of the secretary of state.
Sec. 58. Section 5.090 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 489, is hereby amended to read as follows:
Sec. 5.090 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from [any] a municipal election [shall] must be filed with the city clerk, who shall immediately place [such] the returns in a safe or vault . [, and no person shall be permitted to] No person may handle, inspect or in any manner interfere with [such] the returns until the returns are canvassed by the [board of supervisors.] city council.
2. The [board of supervisors] city council shall meet within 5 days after [any] an election and canvass the returns and declare the result. The election returns [shall then] must be sealed and kept by the city clerk for [6 months,] 2 years, and no person [shall] may have access thereto except on order of a court of competent jurisdiction or by order of the [board of supervisors.] city council.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.
4. If any election should result in a tie, the [board of supervisors] city council shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
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Sec. 59. Section 6.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 873, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The [board of supervisors,] city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.
Sec. 60. Section 6.020 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 306, Statutes of Nevada 1973, at page 381, is hereby amended to read as follows:
Sec. 6.020 Local improvement law: Collateral powers. The [board of supervisors] city council, on behalf of the city for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with [moneys] money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS, as amended from time to time.
Sec. 61. Section 7.020 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 482, Statutes of Nevada 1981, at page 970, is hereby amended to read as follows:
Sec. 7.020 Borrowing money.
1. Subject to the limitations imposed by this article, the city may , [borrow money] for any corporate purpose, including , without limitation , any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city [, and for such purpose may issue] :
(a) Borrow money; and
(b) Issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued [under] pursuant to section 6.020.
2. Any property tax levied to pay the principal of or interest on such indebtedness must be levied upon all taxable property within the city as provided in NRS 350.590 to 350.602, inclusive.
[3. Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitations, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency.
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cases of emergency. A declaration by the board of supervisors in any ordinance that it is of this kind is conclusive in the absence of fraud or gross abuse of discretion.]
Sec. 62. Section 8.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 492, is hereby amended to read as follows:
Sec. 8.010 Municipal taxes.
1. The [board of supervisors] city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 3 percent upon the assessed value of all real and personal property within the city, except as provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied [shall] must be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of state and county taxes. The revenue laws of the state [shall,] must, in every respect not inconsistent with the provisions of this charter, be applicable to the levying, assessing and collecting of the municipal taxes.
2. In the matter of the equalization of assessments, the rights of the city and the inhabitants thereof [shall] must be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.
3. All forms and blanks used in levying, assessing and collecting the revenues of the state and counties [shall,] must, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The [board of supervisors] city council shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.
Sec. 63. Section 8.020 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 492, is hereby amended to read as follows:
Sec. 8.020 Revenue ordinances. The [board of supervisors shall have full power to] city council may pass and enact all ordinances necessary to carry into effect the revenue laws in the city and to enlarge, fix and determine the powers and duties of all officers in relation thereto.
Sec. 64. Section 1.040 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 609, Statutes of Nevada 1973, at page 1075, section 2.065 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 478, and section 3.060 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 486, are hereby repealed.
Sec. 65. This act becomes effective upon passage and approval for the purpose of authorizing any preliminary activities necessary to ensure that the provisions of this act relating to the reorganization of the city government of the City of Elko are carried out in an orderly fashion, and on October 1, 2001, for all other purposes.
Sec. 66. 1. A person who, on October 1, 2001, is a member of the board of supervisors of the City of Elko shall be deemed to be a member of the city council of the City of Elko for the duration of his term of office, unless he is otherwise removed from the city council in the manner provided by law.
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unless he is otherwise removed from the city council in the manner provided by law.
2. All ordinances, rules and other regulations adopted by the board of supervisors of the City of Elko remain in force until amended by the city council of the City of Elko and such ordinances, rules and regulations may be enforced by the city council of the City of Elko.
3. All contracts and other agreements entered into by the board of supervisors of the City of Elko are binding upon the city council of the City of Elko, to which the responsibility for the administration of the provisions of the contracts and other agreements is transferred. Such contracts and agreements may be enforced by the city council of the City of Elko.
________
Assembly Bill No. 13Assemblywoman Parnell
CHAPTER 52
AN ACT relating to hospitals; authorizing the appointment of a physician to serve on the board of trustees of a public hospital or a county hospital district under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 450.090 is hereby amended to read as follows:
450.090 1. In any county whose population is 400,000 or more, the board of county commissioners is, ex officio, the board of hospital trustees, and the county commissioners shall serve as hospital trustees during their terms of office as county commissioners.
2. In any county whose population is less than 400,000, the board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees. If such an ordinance is enacted in a county:
(a) The county commissioners shall serve as hospital trustees during their terms of office as county commissioners; and
(b) If hospital trustees have been elected pursuant to NRS 450.070 and 450.080, the term of office of each hospital trustee who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.
3. A board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:
(a) The county has fully funded its indigent care account created pursuant to NRS 428.010;
(b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and
(c) During the previous calendar year:
(1) At least one of the hospitals accounts payable was more than 90 days in arrears;
(2) The hospital failed to fulfill its statutory financial obligations, such as the payment of taxes, premiums for industrial insurance or contributions to the public employees retirement system;
κ2001 Statutes of Nevada, Page 468 (CHAPTER 52, AB 13)κ
(3) One or more of the conditions relating to financial emergencies set forth in subsection 1 of NRS 354.685 existed at the hospital; or
(4) The hospital received notice from the Federal Government or the State of Nevada that the certification or licensure of the hospital was in imminent jeopardy of being revoked because the hospital had not carried out a previously established plan of action to correct previously noted deficiencies found by the regulatory body.
4. Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is 100,000 or more but less than 400,000, the board of hospital trustees for the public hospital must be composed of the five regularly elected or appointed members, and, in addition, three county commissioners selected by the chairman of the board of county commissioners shall serve as voting members of the board of hospital trustees during their terms of office as county commissioners.
5. Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is less than 100,000, the board of hospital trustees for the public hospital must be composed of the five regularly elected or appointed members, and, in addition, the board of county commissioners may, by resolution, provide that [one] :
(a) One county commissioner selected by the chairman of the board of county commissioners shall serve as a voting member of the board of hospital trustees during his term of office as county commissioner [.] ;
(b) A physician who is the chief of the staff of physicians for the public hospital shall serve as a voting member of the board of hospital trustees; or
(c) Both a county commissioner appointed pursuant to the provisions of paragraph (a) and a physician appointed pursuant to the provisions of paragraph (b) shall serve as voting members of the board of hospital trustees.
The term of office of a member appointed pursuant to the provisions of paragraph (b) is 2 years and begins on the date the board of county commissioners appoints the member.
Sec. 2. NRS 450.110 is hereby amended to read as follows:
450.110 Except in counties where the board of county commissioners is the board of hospital trustees, [vacancies] a vacancy in the board of hospital trustees occasioned by [resignations, removals] a resignation, removal or otherwise [shall] must be reported to the board or boards of county commissioners and [shall] must be filled in the same manner as the original [appointments. Appointees] appointment. An appointee shall hold office [until] :
1. Until the next following general election in the usual manner [.] ; or
2. If the appointee is a physician appointed to fill the vacancy of a member appointed pursuant to the provisions of paragraph (b) of subsection 5 of NRS 450.090, for the unexpired term of that member.
Sec. 3. NRS 450.550 is hereby amended to read as follows:
450.550 As used in NRS 450.550 to 450.750, inclusive, unless the context otherwise requires:
1. Board of trustees means:
(a) A board of hospital trustees:
(1) Elected pursuant to NRS 450.620 [;] and a physician who is appointed pursuant to subsection 1 of NRS 450.640, if applicable; or
κ2001 Statutes of Nevada, Page 469 (CHAPTER 52, AB 13)κ
(2) Appointed pursuant to NRS 450.625 [;] and a physician who is appointed pursuant to subsection 1 of NRS 450.640, if applicable; or
(b) A board of county commissioners, if that board enacts an ordinance which provides that the board of county commissioners is, ex officio, the board of hospital trustees [.] , and a physician who is appointed pursuant to subsection 1 of NRS 450.640, if applicable.
2. District hospital means a hospital constructed, maintained and governed pursuant to NRS 450.550 to 450.750, inclusive.
Sec. 4. NRS 450.640 is hereby amended to read as follows:
450.640 The board of trustees may:
1. After the board is formed pursuant to the provisions of NRS 450.620 or 450.625, increase the number of members who serve on the board by appointing, as a voting member of the board, one physician who is the chief of staff of physicians for a district hospital. The term of office of a member who is appointed pursuant to this subsection is 2 years, commencing on the date of appointment by the board of trustees. A vacancy in the term of a member appointed pursuant to this subsection must be filled in the same manner as the original appointment for the remainder of the unexpired term.
2. Appoint a chief executive officer and necessary assistants for each hospital, and fix the compensations of such persons.
[2.] 3. Employ physicians, surgeons and interns, as the board determines necessary, and fix their compensation.
[3.] 4. Remove such appointees and employees.
[4.] 5. Remove persons who are appointed or employed pursuant to this section.
6. Control the admission of physicians, surgeons and interns to the staff by promulgating rules, regulations and standards governing such appointments.
Sec. 5. This act becomes effective on July 1, 2001.
________
Assembly Bill No. 30Assemblyman de Braga
CHAPTER 53
AN ACT relating to the application of pesticides; revising the amount of insurance coverage required for a license to apply pesticides; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 555.330 is hereby amended to read as follows:
555.330 1. The director shall require from each applicant for a pest control license proof of public liability and property damage insurance in an amount of:
(a) Except as otherwise provided in paragraph (b), not less than $10,000 . [, nor more than $200,000.]
κ2001 Statutes of Nevada, Page 470 (CHAPTER 53, AB 30)κ
(b) If the license would authorize the application of pesticides by aircraft:
(1) Not less than $100,000 for bodily injury to or death of one person in any one accident;
(2) Subject to the limit for one person, not less than $300,000 for bodily injury to or death of two or more persons in any one accident; and
(3) Not less than $100,000 for each occurrence of damage to property in any one accident.
The director may accept a liability insurance policy or surety bond in the proper amount.
2. The director may require drift insurance for the use of pesticides or other materials declared hazardous or dangerous to man, livestock, wildlife, crops or plantlife.
3. Any person injured by the breach of any such obligation is entitled to sue in his own name in any court of competent jurisdiction to recover the damages he sustained by that breach, if each claim is made within 6 months after the alleged injury.
4. The director on his own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he deems necessary, any loss or damage resulting from the application of any pesticide by a licensed pest control operator. A verified complaint of loss or damage must be filed within 60 days after the time that the occurrence of the loss or damage becomes known except that, if a growing crop is alleged to have been damaged, the verified complaint must be filed before 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint must be furnished to the person who filed the complaint.
Sec. 2. The amendatory provisions of this act apply only to an applicant for the issuance or renewal of a pest control license for a period beginning on or after January 1, 2002.
________
Assembly Bill No. 38Assemblyman Gustavson
CHAPTER 54
AN ACT relating to common-interest communities; authorizing the notice of meetings of units owners and executive boards of associations of common-interest communities to be sent by electronic mail upon request; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 116.3108 is hereby amended to read as follows:
116.3108 1. A meeting of the units owners of an association must be held at least once each year. If the governing documents of a common-interest community do not designate an annual meeting date of the units owners, a meeting of the units owners must be held 1 year after the date of the last meeting of the units owners. If the units owners have not held a meeting for 1 year, a meeting of the units owners must be held on the following March 1.
κ2001 Statutes of Nevada, Page 471 (CHAPTER 54, AB 38)κ
following March 1. Special meetings of the units owners of an association may be called by the president, a majority of the executive board or by units owners having 10 percent, or any lower percentage specified in the bylaws, of the votes in the association.
2. Not less than 10 nor more than 60 days in advance of any meeting of the units owners of an association, the secretary or other officer specified in the bylaws shall cause notice of the meeting to be hand-delivered , [or] sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the units owner [. ] or, if the association offers to send notice by electronic mail, sent by electronic mail at the request of the units owner to an electronic mail address designated in writing by the units owner. The notice of the meeting must state the time and place of the meeting and include a copy of the agenda for the meeting. The notice must include notification of the right of a units owner to:
(a) Have a copy of the minutes or a summary of the minutes of the meeting distributed to him upon request and, if required by the executive board, upon payment to the association of the cost of making the distribution.
(b) Speak to the association or executive board, unless the executive board is meeting in executive session.
3. The agenda for a meeting of the units owners must consist of:
(a) A clear and complete statement of the topics scheduled to be considered during the meeting, including, without limitation, any proposed amendment to the declaration or bylaws, any fees or assessments to be imposed or increased by the association, any budgetary changes and any proposal to remove an officer or member of the executive board.
(b) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items. In an emergency, the units owners may take action on an item which is not listed on the agenda as an item on which action may be taken.
(c) A period devoted to comments by units owners and discussion of those comments. Except in emergencies, no action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to paragraph (b).
4. If the association adopts a policy imposing a fine on a units owner for the violation of the declaration, bylaws or other rules established by the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the units owner, a schedule of the fines that may be imposed for those violations.
5. Not more than 30 days after any meeting of the units owners, the secretary or other officer specified in the bylaws shall cause the minutes or a summary of the minutes of the meeting to be made available to the units owners. A copy of the minutes or a summary of the minutes must be provided to any units owner who pays the association the cost of providing the copy to him.
6. As used in this section, emergency means any occurrence or combination of occurrences that:
(a) Could not have been reasonably foreseen;
(b) Affects the health, welfare and safety of the units owners of the association;
κ2001 Statutes of Nevada, Page 472 (CHAPTER 54, AB 38)κ
(c) Requires the immediate attention of, and possible action by, the executive board; and
(d) Makes it impracticable to comply with the provisions of subsection 2 or 3.
Sec. 2. NRS 116.31083 is hereby amended to read as follows:
116.31083 1. A meeting of the executive board of an association must be held at least once every 90 days.
2. Except in an emergency or unless the bylaws of an association require a longer period of notice, the secretary or other officer specified in the bylaws of the association shall, not less than 10 days before the date of a meeting of the executive board, cause notice of the meeting to be given to the units owners. Such notice must be:
(a) Sent prepaid by United States mail to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner;
(b) If the association offers to send notice by electronic mail, sent by electronic mail at the request of the units owner to an electronic mail address designated in writing by the units owner; or
[(b)] (c) Published in a newsletter or other similar publication that is circulated to each units owner.
3. In an emergency, the secretary or other officer specified in the bylaws of the association shall, if practicable, cause notice of the meeting to be sent prepaid by United States mail to the mailing address of each unit within the common-interest community. If delivery of the notice in this manner is impracticable, the notice must be hand-delivered to each unit within the common-interest community or posted in a prominent place or places within the common elements of the association.
4. The notice of a meeting of the executive board of an association must state the time and place of the meeting and include a copy of the agenda for the meeting or the date on which and the locations where copies of the agenda may be conveniently obtained by the units owners of the association. The notice must include notification of the right of a units owner to:
(a) Have a copy of the minutes or a summary of the minutes of the meeting distributed to him upon request and, if required by the executive board, upon payment to the association of the cost of making the distribution.
(b) Speak to the association or executive board, unless the executive board is meeting in executive session.
5. The agenda of the meeting of the executive board of an association must comply with the provisions of subsection 3 of NRS 116.3108. The period required to be devoted to comments by units owners and discussion of those comments must be scheduled for the beginning of each meeting. In an emergency, the executive board may take action on an item which is not listed on the agenda as an item on which action may be taken.
6. At least once every 90 days, unless the declaration or bylaws of the association impose more stringent standards, the executive board shall review at one of its meetings:
(a) A current reconciliation of the operating account of the association;
(b) A current reconciliation of the reserve account of the association;
(c) The actual revenues and expenses for the reserve account, compared to the budget for that account for the current year;
(d) The latest account statements prepared by the financial institutions in which the accounts of the association are maintained;
κ2001 Statutes of Nevada, Page 473 (CHAPTER 54, AB 38)κ
(e) An income and expense statement, prepared on at least a quarterly basis, for the operating and reserve accounts of the association; and
(f) The current status of any civil action or claim submitted to arbitration or mediation in which the association is a party.
7. The minutes of a meeting of the executive board of an association must be made available to the units owners in accordance with the provisions of subsection 5 of NRS 116.3108.
8. As used in this section, emergency means any occurrence or combination of occurrences that:
(a) Could not have been reasonably foreseen;
(b) Affects the health, welfare and safety of the units owners of the association;
(c) Requires the immediate attention of, and possible action by, the executive board; and
(d) Makes it impracticable to comply with the provisions of subsection 2 or 5.
________
Assembly Bill No. 55Committee on Government Affairs
CHAPTER 55
AN ACT relating to county jails; eliminating the requirement that a county jail be located at the county seat; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 211.010 is hereby amended to read as follows:
211.010 1. Except as otherwise provided in subsection 2, at least one [common] county jail must be built or provided in each county, and maintained in good repair at the expense of the county. The county jail required by this section is not required to be located in conjunction with the office of the sheriff that is maintained at the county seat if the board of county commissioners determines that a different location in the county would better serve the needs of the county. Upon such a determination, the county jail may be located at any place in the county.
2. The board of county commissioners of a county, with the concurrence of the sheriff, may enter into an agreement with any other county or city in this state, in accordance with the provisions of NRS 277.080 to 277.180, inclusive, for the construction, operation or maintenance of a jail or the detention of the prisoners of the county.
Sec. 2. NRS 211.090 is hereby amended to read as follows:
211.090 1. A board of county commissioners may establish a branch county jail in any township in the county except the township [containing the county seat,] where the county jail required by NRS 211.010 is located, if in its judgment the public needs require it, and provide that persons charged with or convicted of a misdemeanor in the township [mentioned in the order must] in which a branch county jail is located may be imprisoned in the branch county jail instead of in the county jail . [at the county seat.]
κ2001 Statutes of Nevada, Page 474 (CHAPTER 55, AB 55)κ
2. Any judge or justice of the peace before whom a conviction may be had may order that a prisoner be imprisoned in the county jail of the county wherein [such] the conviction may be had if the public safety or the safety of [such] the prisoner requires it.
Sec. 3. NRS 243.140 is hereby amended to read as follows:
243.140 The county seat of Eureka County is located at the town of Eureka. A courthouse [, jail] and other necessary county buildings [shall] must be provided by the board of county commissioners of Eureka County.
Sec. 4. This act becomes effective on July 1, 2001..
________
Assembly Bill No. 62Assemblyman Anderson
CHAPTER 56
AN ACT relating to garnishment; requiring a garnishee to submit his answers to garnishee interrogatories to the sheriff; limiting the amount of a judgment by default that may be rendered against certain garnishees who fail to answer such interrogatories; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 31.260 is hereby amended to read as follows:
31.260 1. The writ of garnishment must:
(a) Be issued by the sheriff.
(b) Contain the name of the court and the names of the parties.
(c) Be directed to the garnishee defendant.
(d) State the name and address of the plaintiffs attorney, if any, otherwise the plaintiffs address.
(e) [Summon] Require each person the court directs, as garnishees, to [appear before the court in which the action is pending by filing] submit to the sheriff an answer to the interrogatories within 20 days after service of the writ upon [him.] the person.
2. The writ of garnishment must also notify the garnishee defendant that, if he fails to answer the interrogatories, a judgment by default will be rendered against him for [the] :
(a) The amount demanded in the writ of garnishment [,] or the value of the property described in the writ , as the case may be [,] ; or
(b) If the garnishment is pursuant to NRS 31.291, the amount of the lien created pursuant to that section,
which amount or property must be clearly set forth in the writ of garnishment.
3. Execution on the writ of garnishment may occur only if the sheriff mails a copy of the writ with a copy of the notice of execution to the defendant in the manner and within the time prescribed in NRS 21.076. In the case of a writ of garnishment that continues for 120 days or until the amount demanded in the writ is satisfied, a copy of the writ and the notice of execution need only be mailed once to the defendant.
κ2001 Statutes of Nevada, Page 475 (CHAPTER 56, AB 62)κ
Sec. 2. NRS 31.290 is hereby amended to read as follows:
31.290 1. The interrogatories to the garnishee may be in substance as follows:
INTERROGATORIES
Are you in any manner indebted to the defendants......................................................
.......................................................................................................................................................
...................................................................................................................................................... ,
or either of them, either in property or money, and is the debt now due? If not due, when is the debt to become due? State fully all particulars.
Answer:..................................................................................................................................
.......................................................................................................................................................
Are you an employer of one or all of the defendants? If so, state the length of your pay period and the amount each defendant presently earns during a pay period.
Answer:..................................................................................................................................
.......................................................................................................................................................
Did you have in your possession, in your charge or under your control, on the date the writ of garnishment was served upon you, any money, property, effects, goods, chattels, rights, credits or choses in action of the defendants, or either of them, or in which ............................is interested? If so, state its value, and state fully all particulars.
Answer:..................................................................................................................................
.......................................................................................................................................................
Do you know of any debts owing to the defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ............... or in which ...........................is interested, and now in the possession or under the control of others? If so, state particulars.
Answer:..................................................................................................................................
.......................................................................................................................................................
State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served.
Answer:..................................................................................................................................
.......................................................................................................................................................
...............................................................
Garnishee
I (insert the name of the garnishee), do solemnly swear (or affirm) that the answers to the foregoing interrogatories by me subscribed are true.
...............................................................
(Signature of garnishee)
SUBSCRIBED and SWORN to before me this ........ day of the month of ........ of the year ........
2. The garnishee shall answer the interrogatories in writing upon oath or affirmation and [file] submit his answers [or cause them to be filed in the proper court] to the sheriff within the time required by the writ. If [he] the garnishee fails to do so, he shall be deemed in default.
κ2001 Statutes of Nevada, Page 476 (CHAPTER 56, AB 62)κ
Sec. 3. NRS 31.310 is hereby amended to read as follows:
31.310 1. Subject to order of the court, a garnishee defendant [,] upon whom a writ of garnishment has been duly served [,] shall not pay any debt due or to become due to the defendant and [must] shall retain in his possession and control, or deliver to the sheriff as provided herein, all personal property, effects, goods, chattels, rights, debts, credits or choses in action of the defendant.
2. In all cases the garnishee, upon [the filing of] submitting his answers to the garnishee interrogatories, may deliver to the sheriff or the officer serving the writ the property belonging to the defendant, together with the money due to the defendant, and the sheriff or officer shall give the garnishee defendant a receipt therefor, and thereupon the garnishee is relieved from further liability in the proceedings, unless his answer is successfully controverted.
3. The sheriff or officer shall hold [such] the property and money to be dealt with as provided in NRS 31.300 and shall, by certificate, make return to the court showing the receipt thereof specifically describing [such] the money and property and setting forth the date and time of its receipt. The certificate [shall form] forms a part of the return of the writ of garnishment.
Sec. 4. NRS 31.320 is hereby amended to read as follows:
31.320 1. If the garnishee has been duly served with the writ of garnishment and interrogatories, and been paid or tendered the fee of $5, and the fact of [such] the payment or tender is duly certified by the officer who served the writ over his official signature, or [such] that fact is made to appear by the person serving the writ under oath, but the garnishee fails, neglects or refuses to answer the interrogatories within the time required, the court shall, upon application therefor by the plaintiff with at least 5 days notice of the hearing upon [such] the application given to each defendant who has appeared in the action, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for :
(a) The value of the property or amount of money specified in the writ of garnishment [.] ; or
(b) If the garnishment is pursuant to NRS 31.291, the amount of the lien created pursuant to that section.
2. On motion and upon such terms as are just, the court may relieve a garnishee defendant or his legal representative from any final judgment against [such] the garnishee defendant for the same reasons and upon the same terms and conditions as provided for by rule of court for relief from a judgment or order in civil cases.
________
κ2001 Statutes of Nevada, Page 477κ
Assembly Bill No. 98Committee on Government Affairs
CHAPTER 57
AN ACT relating to county government; requiring a board of county commissioners to fix the terms of office of the chairman and vice chairman of the board of county commissioners; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.070 is hereby amended to read as follows:
244.070 1. The county commissioners shall [elect] :
(a) Elect one of their number as chairman of the board and another of their number as vice chairman of the board [.] ; and
(b) Fix the terms of office of the chairman and vice chairman of the board.
2. The county clerk shall be clerk of the board.
________
Assembly Bill No. 100Committee on Government Affairs
CHAPTER 58
AN ACT relating to county government; authorizing a board of county commissioners to provide by ordinance for payment of the travel expenses of members of an advisory board; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.1945 is hereby amended to read as follows:
244.1945 1. The board of county commissioners of any county may establish by ordinance advisory boards for any purpose relating to the county about which the board desires study or advice.
2. Members of such an advisory board are entitled to receive such travel expenses as are authorized in the ordinance that established the advisory board.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 478κ
Assembly Bill No. 126Assemblymen Anderson, Bache, Gibbons, Beers, Berman, Buckley, Claborn, Collins, de Braga, Dini, Giunchigliani, Koivisto, Lee, Leslie, Manendo, McClain, Neighbors, Nolan, Smith and Von Tobel
CHAPTER 59
AN ACT relating to county recorders; making various changes concerning the information needed to record a document that includes a legal description of real property that is provided in metes and bounds; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 111.312 is hereby amended to read as follows:
111.312 1. The county recorder shall not record with respect to real property, a notice of completion, a declaration of homestead, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, or any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless the document being recorded contains:
(a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document; and
(b) The assessors parcel number of the property at the top of the first page of the document, if the county assessor has assigned a parcel number to the property. The county recorder is not required to verify that the assessors parcel number is correct.
2. The assessors parcel number shall not be deemed to be a complete legal description of the real property conveyed.
3. Except as otherwise provided in subsection 4, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description. The county recorder is not required to verify the accuracy of the name and mailing address of such a person.
4. If a document described in subsection 3 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded. The county recorder is not required to verify the accuracy of the information concerning the previous recording.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 479κ
Assembly Bill No. 134Assemblymen Dini and Perkins
CHAPTER 60
AN ACT relating to insurance; revising the calculation of the assessment that is imposed by the commissioner of insurance upon insurers to pay for the program to investigate certain violations and fraudulent acts; and providing other matters properly relating thereto.
[Approved: May 14, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 679B.158 is hereby amended to read as follows:
679B.158 1. The special investigative account is hereby established in the state general fund for use by the commissioner. The commissioner shall deposit all money received pursuant to this section with the state treasurer for credit to the account. Money remaining in the account at the end of [any] a fiscal year does not lapse to the state general fund and may be used by the commissioner in any subsequent fiscal year [.] for the purposes of this section.
2. The commissioner shall [authorize] :
(a) In cooperation with the attorney general, biennially prepare and submit to the governor, for inclusion in the executive budget, a proposed budget for the program established pursuant to NRS 679B.153; and
(b) Authorize expenditures from the special investigative account to pay the expenses of the program established pursuant to NRS 679B.153 and of any unit established in the office of the attorney general [which] that investigates and prosecutes insurance fraud.
3. [All of the] The money authorized for expenditure pursuant to paragraph (b) of subsection 2 must be distributed in the following manner:
(a) Fifteen percent of the money authorized for expenditure must be paid to the commissioner to oversee and enforce the program established pursuant to NRS 679B.153; and
(b) Eighty-five percent of the money authorized for expenditure must be paid to the attorney general to pay the expenses of the unit established in the office of the attorney general that investigates and prosecutes insurance fraud.
4. Except as otherwise provided in subsections 5 and 6, costs of the program established pursuant to NRS 679B.153 must be paid by the insurers authorized to transact insurance in this state. The commissioner shall annually determine the total cost of the program and [equally] divide that amount among the insurers [.] pro rata based upon the total amount of premiums charged to the insureds in this state by the insurer.
5. The annual amount so assessed on each reinsurer that has the authority to assume only reinsurance must not exceed $500 . [per authorized insurer. The commissioner may] For all other insurers subject to the annual assessment, the annual amount so assessed to each insurer:
(a) Must not exceed $500, if the total amount of the premiums charged to insureds in this state by the insurer is less than $100,000;
κ2001 Statutes of Nevada, Page 480 (CHAPTER 60, AB 134)κ
(b) Must not exceed $750, if the total amount of the premiums charged to insureds in this state by the insurer is $100,000 or more, but less than $1,000,000;
(c) Must not exceed $1,000, if the total amount of the premiums charged to insureds in this state by the insurer is $1,000,000 or more, but less than $10,000,000;
(d) Must not exceed $1,500, if the total amount of the premiums charged to insureds in this state by the insurer is $10,000,000 or more, but less than $50,000,000; and
(e) Must not exceed $2,000, if the total amount of the premiums charged to insureds in this state by the insurer is $50,000,000 or more.
6. The provisions of this section do not apply to an insurer who provides only workers compensation insurance and pays the assessment provided in NRS 232.680.
7. The commissioner shall adopt regulations [regarding] to carry out the provisions of this section, including, without limitation, the calculation and collection of the assessment.
8. As used in this section, reinsurer has the meaning ascribed to it in NRS 681A.370.
Sec. 2. NRS 695F.090 is hereby amended to read as follows:
695F.090 Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:
1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.
2. NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.
3. The requirements of NRS 679B.152.
4. The fees imposed pursuant to NRS 449.465.
5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.
6. The assessment imposed pursuant to [subsection 3 of] NRS 679B.158.
7. Chapter 683A of NRS.
8. To the extent applicable, the provisions of NRS 689B.340 to 689B.600, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.
9. NRS 689A.035, 689A.410 and 689A.413.
10. NRS 680B.025 to 680B.039, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this subsection, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to insurer must be replaced by a reference to prepaid limited health service organization.
11. Chapter 692C of NRS, concerning holding companies.
Sec. 3. This act becomes effective on July 1, 2001.
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