[Rev. 2/11/2019 1:23:54 PM]
κ2001 Statutes of Nevada, Page 623κ
Senate Bill No. 394Senator Raggio
CHAPTER 113
AN ACT relating to nursing; prohibiting the state board of nursing or an employer of a nurse from requiring the inclusion of the surname of the nurse on the badge or other form of identification worn by the nurse while on duty; requiring the employers of licensees and nursing assistants to prepare and maintain records of the work assignments of those licensees and nursing assistants for a certain period; revising the provisions governing the filing of complaints with the state board of nursing; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The board, or a medical facility or any other person who employs a licensee, shall not require a licensee while on duty, to wear a badge or other form of identification that includes the surname of the licensee.
Sec. 3. Each employer of a licensee or nursing assistant shall prepare and maintain, for at least 5 years, a record of the work assignments of each licensee or nursing assistant.
Sec. 4. NRS 632.125 is hereby amended to read as follows:
632.125 1. Each hospital or agency in the state employing professional or practical nurses or nursing assistants shall submit a list of such nursing personnel to the board at least three times annually as directed by the board. Each list submitted to the board pursuant to this subsection is confidential.
2. A medical facility shall, before hiring a nursing assistant or nursing assistant trainee, obtain validation from the board that the prospective employee has a current certificate, is enrolled in a training program required for certification or is awaiting the results of a certification examination.
Sec. 5. NRS 632.310 is hereby amended to read as follows:
632.310 1. The board may, upon its own motion, and shall, upon the verified complaint in writing of any person, if the complaint alone or together with evidence, documentary or otherwise, presented in connection therewith, is sufficient to require an investigation, investigate the actions of any licensee or holder of a certificate or any person who assumes to act as a licensee or holder of a certificate within the State of Nevada.
2. The executive director may, upon receipt of information from a governmental agency, conduct an investigation to determine whether the information is sufficient to require an investigation for referral to the board for its consideration.
3. If a written verified complaint filed with the board does not include the complete name of the licensee or nursing assistant against whom the complaint is filed, and the board is unable to identify the licensee or nursing assistant, the board shall request that the employer of the licensee or nursing assistant provide to the board the complete name of the licensee or nursing assistant. The employer shall provide the name to the board within 3 business days after the request is made.
κ2001 Statutes of Nevada, Page 624 (CHAPTER 113, SB 394)κ
4. The employer of a licensee or nursing assistant shall provide to the board, upon its request, the record of the work assignments of any licensee or nursing assistant whose actions are under investigation by the board.
Sec. 6. This act becomes effective on July 1, 2001.
________
Senate Bill No. 517Committee on Finance
CHAPTER 114
AN ACT making an appropriation to restore and increase the balance in the reserve for statutory contingency account; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the reserve for statutory contingency account, created by NRS 353.264, the sum of $3,000,000 to restore and increase the balance in the account to approximately $3,000,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 555Committee on Government Affairs
CHAPTER 115
AN ACT relating to cities; changing the classification thereof; altering the powers and size of certain city councils; changing the method by which a mayor pro tem is appointed; changing certain references to city councils; modifying the rules regarding city council meetings; revising the terms and compensation of appointed city council members; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 266.033 is hereby amended to read as follows:
266.033 1. The board of county commissioners shall canvass the votes in the same manner as votes are canvassed in a general election. Upon the completion of the canvass, the board shall immediately notify the county clerk of the result.
2. The county clerk shall immediately, upon receiving notice of the canvass from the board of county commissioners, cause to be published a notice of the results of the election in a newspaper of general circulation in the county. If the incorporation is approved by the voters, the notice must include the [class] population category of the incorporated city , [according to population,] as described in NRS 266.055. The county clerk shall file a copy of the notice with the secretary of state.
κ2001 Statutes of Nevada, Page 625 (CHAPTER 115, SB 555)κ
Sec. 2. NRS 266.039 is hereby amended to read as follows:
266.039 1. The mayor of the city shall file three copies of the articles of incorporation of the city with the secretary of state.
2. The articles of incorporation must be signed and verified by the mayor and include the name of the city, a description of its location and [the designation of its class according to population,] its population category, as described in NRS 266.055.
3. The secretary of state shall certify the articles of incorporation upon receipt and send one copy to the county clerk of the county in which the city is located and one copy to the mayor of the city. The secretary of state shall retain a copy for his records and furnish a certified copy to any person who requests a copy upon payment of a reasonable fee as determined by the secretary of state.
Sec. 3. NRS 266.055 is hereby amended to read as follows:
266.055 Municipal corporations organized [under] pursuant to the provisions of this chapter [shall be, and the same are,] must be divided into three [classes:] population categories:
1. Those cities having [20,000] 50,000 or more inhabitants shall be known as cities of [the first class.] population category one.
2. Those cities having [more than 5,000 and less than 20,000] 5,000 or more, but fewer than 50,000 inhabitants shall be known as cities of [the second class.] population category two.
3. All other cities shall be known as cities of [the third class.] population category three.
Sec. 4. NRS 266.060 is hereby amended to read as follows:
266.060 1. Whenever any city of [the second class] population category two attains the population of [20,000] 50,000 or more, or any city of [the third class] population category three attains the population of 5,000 or more, and that fact is ascertained:
(a) By actual census taken and certified to the governor by the mayor; or
(b) At the option of the city council, by the governor, pursuant to NRS 360.285, for 2 consecutive years,
the governor shall declare, by public proclamation, that city to be of [the first or second class,] population category one or two, as the case may be, and the city thus changed is governed by the provisions of this chapter [,] applicable to cities of the higher [class.] population category.
2. An authenticated copy of the governors proclamation must be filed in the office of the secretary of state.
Sec. 5. NRS 266.066 is hereby amended to read as follows:
266.066 1. All courts of this state shall take judicial notice in all civil or criminal actions of:
(a) The change in [class] population category and organization of any city.
(b) All ordinances, rules, resolutions or other regulations of the city council.
2. In all such actions, it [shall not be] is not necessary to plead the contents of any order, ordinance, rule, resolution or other regulation, but may be proved prima facie by the introduction of the original entry or a copy thereof certified by the clerk.
Sec. 6. NRS 266.070 is hereby amended to read as follows:
266.070 1. All rights and property of every kind [and description] which were vested in any municipal corporation under its former organization shall be deemed [and held] to be vested in the same municipal corporation upon its becoming incorporated or changing [class under] population category pursuant to the provisions of this chapter.
κ2001 Statutes of Nevada, Page 626 (CHAPTER 115, SB 555)κ
organization shall be deemed [and held] to be vested in the same municipal corporation upon its becoming incorporated or changing [class under] population category pursuant to the provisions of this chapter. No rights or liabilities, either in favor of or against such corporation, existing at the time of becoming incorporated or changing [class under] population category pursuant to this chapter, and no action or prosecution shall be affected by [such change;] the change, but the [same shall] rights and liabilities, and any action or prosecution, must stand and progress as if no change had been made.
2. Whenever a different remedy is given by this chapter, which may properly be made applicable to any right existing at the time of such city [so] becoming incorporated or changing [class under] population category pursuant to this chapter, the [same] remedy shall be deemed cumulative to the remedy before provided, and used accordingly.
Sec. 7. NRS 266.075 is hereby amended to read as follows:
266.075 1. All ordinances and resolutions in force in any city when [it shall become] the city becomes organized or [change its class under] changes its population category pursuant to the provisions of this chapter [shall, providing they] must, if the ordinances and resolutions do not conflict with the provisions of this chapter, [continue in full force and] remain in effect until repealed or amended, notwithstanding such organization or change of [class.] population category.
2. Such organization or [the making of such] change of [class] population category shall not be construed to [effect any change in] alter the legal identity of [such] the city.
Sec. 8. NRS 266.080 is hereby amended to read as follows:
266.080 1. When any city now existing under a special charter is organized under the provisions of this chapter, or by proclamation of the governor [becomes a city of the second class, or when any city of the second class becomes a city of the first class,] changes population category, the officers then in office continue to be officers of the city:
(a) If the change in [classification] category results in a change in the number of municipal wards in the city, until the next city election; or
(b) In all other cases, until the expiration of their elected terms,
and until their successors are elected and qualified.
2. When new territory is organized as a city, by petition and election of officers, the officers first elected serve until the next city election, and until their successors are elected and qualified.
Sec. 9. NRS 266.085 is hereby amended to read as follows:
266.085 1. Cities incorporated [under] pursuant to this chapter [shall:
(a) Be bodies politic and corporate.
(b) Be] :
(a) Are municipal corporations.
(b) Shall be known and designated by the name and style adopted.
2. Under such name, cities may:
(a) Sue and be sued.
(b) Contract and be contracted with.
(c) Acquire and hold real and personal property for corporate purposes.
(d) Have a common seal and change the same at pleasure.
(e) Have perpetual succession.
(f) Exercise all the powers conferred in this chapter.
κ2001 Statutes of Nevada, Page 627 (CHAPTER 115, SB 555)κ
Sec. 10. NRS 266.095 is hereby amended to read as follows:
266.095 1. [Each incorporated city of the first class must be divided into eight municipal wards. If an incorporated city of the second or third class is divided into municipal wards, the city must be divided into three or five municipal wards as provided by ordinance.] In a city incorporated pursuant to this chapter, the city may be divided into wards by ordinance as follows:
(a) A city of population category one, into four or six wards.
(b) A city of population category two or three, into three or five wards.
2. The division of cities into wards must, during the incorporation thereof, be made by the board of county commissioners. The wards must as nearly as practicable be of equal population and in compact form.
3. Once established, the boundaries of wards must be changed by ordinance of the city council whenever, as determined at the close of registration before each general election, the number of registered voters in any ward exceeds the number of registered voters in any other ward by more than 5 percent.
Sec. 11. NRS 266.105 is hereby amended to read as follows:
266.105 1. The city council [shall have the power to] may make and pass all ordinances, resolutions and orders, not repugnant to the Constitutions of the United States or of the State of Nevada or to the provisions of this chapter, necessary for the municipal government and the management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this chapter.
2. The city council [shall have power to enforce obedience to such ordinances with such] may provide for fines or penalties [as the city council may deem proper, but the punishment of any offense shall be as provided by law for a misdemeanor.] to enforce such ordinances, not to exceed those provided for by law for misdemeanors.
Sec. 12. NRS 266.185 is hereby amended to read as follows:
266.185 1. During the [temporary] absence or disability of the mayor [, the city council in cities of the second or third class shall elect one of its number to act as mayor pro tem. In cities of the first class the councilman at large shall act as mayor pro tem.] :
(a) In a city of population category one that is divided into wards, the councilman at large shall act as mayor pro tem.
(b) In all other cities incorporated pursuant to this chapter, the city council shall, by ordinance or resolution, provide for the appointment of one of its members as mayor pro tem.
2. During the [temporary] absence or disability of the mayor, the mayor pro tem shall [possess] :
(a) Possess the powers and duties of mayor [.] ; and
(b) Except in a city of population category one, hold the office of mayor pro tem at the pleasure of the city council.
Sec. 13. NRS 266.190 is hereby amended to read as follows:
266.190 1. The mayor [must] shall exercise a careful supervision over the general affairs of the city.
2. [He] In exercising his duty of supervision pursuant to subsection 1, the mayor shall:
(a) From time to time, give the city council information in writing relative to the state of the city, and recommend such measures as he may deem beneficial to the city.
κ2001 Statutes of Nevada, Page 628 (CHAPTER 115, SB 555)κ
(b) See that all the general laws and ordinances of the city are observed and enforced.
(c) Take all proper measures for the preservation of public peace and order, and the suppression of riots, tumults and all forms of public disturbances, for which purpose he may, if his city is not participating in a metropolitan police department, appoint extra policemen temporarily and use and command the police force. If his city is participating in a metropolitan police department, he may request law enforcement assistance from the sheriff. In either case, if local law enforcement forces are inadequate, he shall call upon the governor for military aid in the manner provided by law.
(d) Sign all licenses and warrants and claims against the city.
(e) See that all contracts are fully kept and faithfully performed, and, to that end and in any such case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended at the expense of the city.
(f) Perform such other duties as the city council shall prescribe by ordinance.
Sec. 14. NRS 266.200 is hereby amended to read as follows:
266.200 1. The mayor [shall:
(a) Preside] :
(a) Shall preside over the city council when in session, and shall preserve order and decorum among the members and enforce the rules of the city council and determine the order of business, subject to those rules and appeal to the city council [.
(b) Not be] , or as provided by ordinance.
(b) Is not entitled to a vote except in case of a tie, when [he shall have] the mayor has a casting vote, except as otherwise [expressly] provided in this chapter.
2. The mayor may exercise the right of veto upon all matters passed by the city council . [, and it shall require a seven-ninths vote of the whole council in cities of the first class,] To pass any matter receiving the mayors veto requires a five-sevenths vote of a city council composed of seven members, a four-fifths vote of [the whole council in cities with] a city council composed of five members, and [the] a unanimous vote of [the whole council in cities with] a city council composed of three members . [, to pass any matter receiving the mayors veto.]
3. No resolution or contract requiring the payment of money nor any ordinance may go into force or have any effect until approved in writing by the mayor, unless passed over the mayors veto. If the mayor does not approve the resolution, contract or ordinance so submitted, he shall, within 5 days after the receipt thereof, return it to the city clerk with his reasons in writing for not approving it. If the mayor does not so return it, the resolution or contract thereupon goes into effect and the ordinance becomes a law, in like manner and with the same effect as if it had been approved by the mayor.
Sec. 15. NRS 266.220 is hereby amended to read as follows:
266.220 1. [Except as otherwise provided in subsection 3, councilmen must be chosen by the qualified electors of their respective wards.
2. In cities of the first class, the city council must be composed of nine councilmen, one from each ward and one elected by the electors of the city at large.
κ2001 Statutes of Nevada, Page 629 (CHAPTER 115, SB 555)κ
3. If pursuant to an ordinance, a city of the second or third class] If a city of population category one is:
(a) Divided into wards, the city council must be composed of five or seven councilmen with one councilman from each ward who is elected only by the electors who reside in that ward and one councilman who is elected by the city at large.
(b) Not divided into wards, five or seven councilmen must be elected by the voters of the city at large.
2. If a city of population category two or three is:
(a) Divided into wards, the city council must be composed of three or five councilmen with one councilman from each ward who is elected only by the electors who reside in that ward.
(b) Not divided into wards, the three or five councilmen [of the city] must be elected by the voters of the city at large.
Sec. 16. NRS 266.235 is hereby amended to read as follows:
266.235 A majority of all members of the city council [shall constitute] constitutes a quorum to do business, but [a less number] fewer members may meet and adjourn from time to time and may compel the attendance of absentees under such penalties as may be prescribed by ordinance.
Sec. 17. NRS 266.240 is hereby amended to read as follows:
266.240 The city council shall determine its own rules of procedure, may punish its members for disorderly conduct, and, with the concurrence of two-thirds of the members of the city council, may expel a member for cause.
Sec. 18. NRS 266.245 is hereby amended to read as follows:
266.245 1. The city council shall prescribe by ordinance the time and place of holding its meetings, but at least one meeting [shall] must be held each month.
2. [Special meetings may also be held on a call of the mayor or a majority of the council, by giving 6 hours written notice of such special meetings to each member of the council, served personally or left at his usual place of abode.
3. No ordinance shall be passed nor any claim allowed at a special meeting, and no business shall be transacted at any special meeting except such as shall be stated in the call therefor.
4. No vote of the city council shall be reconsidered at a special meeting unless there be present at such special meeting as large a number of councilmen as were present when the vote was taken.] All meetings of a city council must be conducted in accordance with the provisions of chapter 241 of NRS.
Sec. 19. NRS 266.250 is hereby amended to read as follows:
266.250 1. The [councils] deliberations, sessions and proceedings of the city council must be public.
2. The city council shall keep [a journal] written minutes of its own proceedings [.] as required pursuant to NRS 241.035. The yeas and nays [shall] must be taken upon the passage of all ordinances, and all propositions to create any liability against the city, or to grant, deny, increase, decrease, abolish, or revoke licenses, and in all other cases at the request of any member of the city council or of the mayor, which yeas and nays [shall] must be entered [upon the journal] in the minutes of its proceedings.
3. The concurrence of a majority of the members elected to the city council [shall be] is necessary to pass any such ordinance or proposition.
κ2001 Statutes of Nevada, Page 630 (CHAPTER 115, SB 555)κ
Sec. 20. NRS 266.255 is hereby amended to read as follows:
266.255 [On] At the request of any two members of the city council in cities with councils composed of five or [nine] seven members, or [by] at the request of one member in cities with councils composed of three members, final action on any report of a committee of the city council must be deferred to the next regular meeting of the city council after the report is made.
Sec. 21. NRS 266.265 is hereby amended to read as follows:
266.265 1. The city council may:
(a) Control the property of the [corporation.] city.
(b) Erect and maintain all [needful] buildings , structures and other improvements for the use of the city.
(c) Purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries , [;] improve and protect such property, and do all other things in relation thereto which natural persons might do.
2. [The] Except as otherwise provided by law, the city council may not [, except as specifically provided by another law,] mortgage, hypothecate or pledge any property of the city for any purpose.
Sec. 22. NRS 266.390 is hereby amended to read as follows:
266.390 The city council may:
1. Create any office that may be deemed necessary for [the good government of] the city.
2. Provide for filling all vacancies in elective and appointive offices.
3. Regulate and prescribe the powers, duties and compensation of all officers of the city, except as otherwise provided by law.
4. Require all officers or employees of the city responsible for the handling of city [funds] money to give bond and security , to be paid by the city from its money, for the faithful performance of their duties.
5. Require from every officer of the city at any time a report in detail of all transactions in his office, or any matters connected therewith.
Sec. 23. NRS 266.395 is hereby amended to read as follows:
266.395 The mayor, [by and] with the advice and consent of the city council, [may] shall appoint all such officers as may be provided for by law or ordinance.
Sec. 24. NRS 266.405 is hereby amended to read as follows:
266.405 1. In addition to the mayor and city council, there must be in each city of [the first or second class] population category one or two a city clerk, a city treasurer, or if those offices are combined pursuant to subsection 4, a city clerk and treasurer, a municipal judge and a city attorney. The offices of city clerk, city treasurer, municipal judge and city attorney may be either elective or appointive offices, as provided by city ordinance. All [elective] elected officers shall hold their respective offices for 4 years and until their successors are elected and qualified, except that cities of [the third class] population category three may by ordinance provide that the mayor and city councilmen must be elected and hold office for 2 years.
2. In each city of [the first or second class] population category one or two, in which the officers are appointed pursuant to ordinance, the mayor, [by and] with the advice and consent of the city council, shall appoint all of the officers. [The officers shall hold their respective offices at the pleasure of the mayor and city council.]
3. In cities of [the third class,] population category three, the mayor, [by and] with the advice and consent of the city council, may appoint any [or all such] officers as may be deemed expedient .
κ2001 Statutes of Nevada, Page 631 (CHAPTER 115, SB 555)κ
such] officers as may be deemed expedient . [, and those appointive officers shall hold their respective offices during the pleasure of the mayor and city council.]
4. The [governing body of a city] city council may provide by ordinance for the office of city clerk and the office of city treasurer to be combined into the office of city clerk and treasurer.
Sec. 25. NRS 266.410 is hereby amended to read as follows:
266.410 Except as otherwise provided in subsection 4 of NRS 266.405 for the clerk and treasurer, in cities of [the first and second class,] population categories one and two, a mayor, councilman, clerk, auditor, attorney or treasurer shall not hold any other office under the city government during his term of office.
Sec. 26. NRS 266.415 is hereby amended to read as follows:
266.415 Except as otherwise provided by specific law [, the term of office of all appointive officers continues until the city election next following their appointment and until their successors are appointed and qualified, unless sooner removed by the mayor, with the concurrence of a majority of the members of the city council, except that any such person so appointed may be removed by the votes of all the members of the city council, if the council so provides by resolution.] or ordinance, all appointed officers serve at the pleasure of the mayor and city council and may be removed by a majority vote of the city council. The mayor may exercise the right of veto as provided in NRS 266.200.
Sec. 27. NRS 266.450 is hereby amended to read as follows:
266.450 All elected officers of any city [shall] are entitled to receive such compensation as may be fixed by ordinance, but the compensation of any [such officers shall] elected officers must not be increased or diminished to take effect during the [time] term for which the officer was elected . [or appointed.] All appointed officers are entitled to receive such compensation as may be fixed by ordinance.
Sec. 28. NRS 266.470 is hereby amended to read as follows:
266.470 The city attorney shall be the legal adviser of the city council and all officers of the city in all matters respecting the affairs of the city and shall perform such duties as may be required of him by the city council or prescribed by ordinance.
Sec. 29. NRS 266.475 is hereby amended to read as follows:
266.475 The city council may, in the exercise of its sound discretion, employ counsel to aid the city attorney whenever in its judgment the public interests [shall] require such employment, and the expense thereof [shall] must be allowed and paid in the same manner as other claims against the city.
Sec. 30. NRS 266.530 is hereby amended to read as follows:
266.530 1. [There shall be a chief of police in each] Each city which is not participating in a metropolitan police department [. He shall be appointed by the mayor,] must have a chief of police. The mayor shall appoint the chief of police, subject to confirmation by the city council.
2. The chief of police shall perform such duties as may be designated by ordinance.
Sec. 31. NRS 266.585 is hereby amended to read as follows:
266.585 The municipal judge shall render monthly, or [oftener] as often as the city council may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as fines imposed but uncollected, since his last report, and shall at the same time render and pay into the city treasury all fines collected and money received on behalf of the city since his last report.
κ2001 Statutes of Nevada, Page 632 (CHAPTER 115, SB 555)κ
imposed but uncollected, since his last report, and shall at the same time render and pay into the city treasury all fines collected and money received on behalf of the city since his last report.
Sec. 32. NRS 266.605 is hereby amended to read as follows:
266.605 1. The 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 estate and personal property within the city made taxable by law , [;] and the tax 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 and provided in the revenue laws of [the] this state for collection of state and county taxes. The revenue laws of [the] this state shall, in every respect not inconsistent with the provisions of this chapter, be deemed applicable [and so held] to the levying, assessing and collecting of the city taxes. In the matter of the equalization of assessments, the rights of the city and the rights of the inhabitants [thereof shall] of the city 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.
2. Whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing and collecting the state and county revenues [shall,] must, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenue of the city.
3. The city council shall enact all such ordinances as it may deem necessary and not inconsistent with this chapter and the laws of [the] this state, for the prompt, convenient and economical collecting of the city revenue.
Sec. 33. NRS 266.615 is hereby amended to read as follows:
266.615 The city council [shall have] has full power to pass and enact all ordinances necessary or required 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. 34. NRS 47.140 is hereby amended to read as follows:
47.140 The laws subject to judicial notice are:
1. The Constitution and statutes of the United States, and the contents of the Federal Register.
2. The constitution of this state and Nevada Revised Statutes.
3. Any other statute of this state if brought to the attention of the court by its title and the day of its passage.
4. A county, city or town code which has been filed as required by NRS 244.118, 268.014, 269.168 or the city charter and any city ordinance which has been filed or recorded as required by the applicable law.
5. The Nevada Administrative Code.
6. A regulation not included in the Nevada Administrative Code if adopted in accordance with law and brought to the attention of the court.
7. The [class] population category and organization of a city incorporated [under] pursuant to general law.
8. The constitution, statutes or other written law of any other state or territory of the United States, or of any foreign jurisdiction, as contained in a book or pamphlet published by its authority or proved to be commonly recognized in its courts.
κ2001 Statutes of Nevada, Page 633 (CHAPTER 115, SB 555)κ
Sec. 35. NRS 293.038 is hereby amended to read as follows:
293.038 City of [the first class] population category one means a city:
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter,
whose population is [20,000] 50,000 or more.
Sec. 36. NRS 293.0382 is hereby amended to read as follows:
293.0382 City of [the second class] population category two means a city:
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter,
whose population is more than 5,000 and less than [20,000.] 50,000.
Sec. 37. NRS 293.0384 is hereby amended to read as follows:
293.0384 City of [the third class] population category three means a city:
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter,
whose population is 5,000 or less.
Sec. 38. NRS 293.208 is hereby amended to read as follows:
293.208 1. Except as otherwise provided in subsections 2, 3 and 5 and in NRS 293.206, no election precinct may be created, divided, abolished or consolidated, or the boundaries thereof changed, during the period between the third Wednesday in May of any year whose last digit is 6 and the time when the legislature has been redistricted in a year whose last digit is 1, unless the creation, division, abolishment or consolidation of the precinct, or the change in boundaries thereof, is:
(a) Ordered by a court of competent jurisdiction;
(b) Required to meet objections to a precinct by the Attorney General of the United States pursuant to the Voting Rights Act of 1965 , [(] 42 U.S.C. §§ 1971 and 1973 et seq. , [)] and any amendments thereto;
(c) Required to comply with subsection 2 of NRS 293.205;
(d) Required by the incorporation of a new city; or
(e) Required by the creation of or change in the boundaries of a special district.
As used in this subsection, special district means any general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in Title 25 of NRS which is required by law to hold elections or any fire protection district which is required by law to hold elections.
2. If a city annexes an unincorporated area located in the same county as the city and adjacent to the corporate boundary, the annexed area may be included in an election precinct immediately adjacent to it.
3. A new election precinct may be established at any time if it lies entirely within the boundaries of any existing precinct.
4. If a change in the boundaries of an election precinct is made pursuant to this section during the time specified in subsection 1, the county clerk must:
(a) Within 15 days after the change to the boundary of a precinct is established by the county clerk or ordered by a court, send to the director of the legislative counsel bureau and the secretary of state a copy of a map showing the new boundaries of the precinct together with a word description of the new boundaries; and
κ2001 Statutes of Nevada, Page 634 (CHAPTER 115, SB 555)κ
(b) Maintain in his office [,] an index providing the name of the precinct and describing all changes which were made, including any change in the name of the precinct and the name of any new precinct created within the boundaries of an existing precinct.
5. Cities of [the second and third class] population categories two and three are exempt from the provisions of subsection 1.
Sec. 39. NRS 293C.140 is hereby amended to read as follows:
293C.140 1. A general city election must be held in each city of [the first and second classes] population categories one and two on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter as determined by law, ordinance or resolution, at which time there must be elected the elective city officers, the offices of which are required next to be filled by election. All candidates, except as otherwise provided in NRS 266.220, at the general city election must be voted upon by the electors of the city at large.
2. The terms of office of city councilmen are 4 years, which terms must be staggered. The councilmen elected to office immediately after incorporation shall decide, by lot, among themselves which of their offices expire at the next general city election, and thereafter the terms of office must be 4 years.
Sec. 40. NRS 293C.145 is hereby amended to read as follows:
293C.145 1. A general city election must be held in each city of [the third class] population category three on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.
2. There must be one mayor and three or five councilmen, as the city council shall provide, by ordinance, for each city of [the third class.] population category three. The terms of office of the mayor and the councilmen are 4 years, which terms must be staggered. The mayor and councilmen elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years. If a city council thereafter increases the number of councilmen, it shall, by lot, stagger the initial terms of the additional members.
3. A candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance or resolution.
4. Candidates for mayor must be voted upon by the electors of the city at large. Candidates for councilmen must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.
Sec. 41. NRS 293C.175 is hereby amended to read as follows:
293C.175 1. A primary city election must be held in each city of [the first class,] population category one, and in each city of [the second class] population category two that has so provided by ordinance, on the first Tuesday after the first Monday in April of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.
κ2001 Statutes of Nevada, Page 635 (CHAPTER 115, SB 555)κ
2. A candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
3. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.
4. If, in a primary city election held in a city of [the first or second class,] population category one or two, one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.
Sec. 42. NRS 439.420 is hereby amended to read as follows:
439.420 1. Every city of [the first and second class shall, and every city of the third class may,] population categories one and two shall provide by ordinance for the establishment of a board of health.
2. A city of population category three may provide by ordinance for the establishment of a board of health . [therefor.]
Sec. 43. NRS 439.480 is hereby amended to read as follows:
439.480 The county health officer [shall have] has supervision over all matters pertaining to the preservation of the lives and health of the people of his county, except incorporated cities of [the first and second class] population categories one and two having a health officer appointed [in accordance with] pursuant to the provisions of this chapter, which [shall be] are under the jurisdiction of the city health officer, subject to the supervision and control of the health division.
________
Assembly Bill No. 200Committee on Natural Resources, Agriculture, and Mining
CHAPTER 116
AN ACT relating to public water systems; revising the provisions governing the imposition of civil penalties and administrative fines to enforce certain provisions governing public water systems; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445A.950 is hereby amended to read as follows:
445A.950 1. Any supplier of water who : [willfully:]
(a) Violates any standard established pursuant to NRS 445A.855;
κ2001 Statutes of Nevada, Page 636 (CHAPTER 116, AB 200)κ
(b) Violates or fails to comply with an emergency order issued pursuant to NRS 445A.930;
(c) Violates any condition imposed by the state board of health upon granting a variance or exemption under NRS 445A.935;
(d) Violates a regulation adopted by the state board of health pursuant to NRS 445A.860; or
(e) Fails to give a notice as required by NRS 445A.940,
[shall pay] is liable for a civil penalty , to be recovered by the attorney general in the name of the health division, of not more than $5,000 for each day of the violation.
2. In addition to the civil penalty prescribed in subsection 1, the state board of health may impose an administrative fine against a supplier of water who [willfully] commits any violation enumerated in subsection 1. The administrative fine imposed may not be more than $2,500 per day for each such violation.
3. The civil penalty and administrative fine prescribed in this section may be imposed in addition to any other penalties or relief prescribed in NRS 445A.800 to 445A.955, inclusive.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 86Committee on Transportation
CHAPTER 117
AN ACT relating to highways; providing an exception to the requirements relating to the retention of a portion of the contract price or the furnishing of a bond with respect to certain contracts awarded to railroad companies; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:
If the director awards to a railroad company a contract for a project for the construction, reconstruction, improvement or maintenance of a highway and the project is located on property that is owned by or under the control of the railroad company, the contract may provide that the railroad company is not required to file, furnish or obtain a payment bond, performance bond or any other bond that would otherwise be required pursuant to the provisions of this chapter.
Sec. 2. NRS 408.357 is hereby amended to read as follows:
408.357 1. [Every] Except as otherwise provided in section 1 of this act, every contract must provide for the filing and furnishing of one or more bonds by the successful bidder, with corporate sureties approved by the department and authorized to do business in the state, in a sum equal to the full or total amount of the contract awarded. The bond or bonds must be performance bonds or labor and material bonds, or both.
2. The performance bonds must:
κ2001 Statutes of Nevada, Page 637 (CHAPTER 117, AB 86)κ
(a) Guarantee the faithful performance of the contract in accordance with the plans, specifications and terms of the contract.
(b) Be maintained for 1 year after the date of completion of the contract.
3. The labor and material bonds must:
(a) Secure payment of state and local taxes relating to the contract, premiums under the Nevada Industrial Insurance Act, contributions under the Unemployment Compensation Law, and payment of claims for labor, materials, provisions, implements, machinery, means of transportation or supplies furnished upon or used for the performance of the contract; and
(b) Provide that if the contractor or his subcontractors, or assigns, fail to pay for such taxes, premiums, contributions, labor and materials required of, and used or consumed by, the contractor or his subcontractors, the surety shall make the required payment in an amount not exceeding the total sum specified in the bond together with interest at a rate of 8 percent per annum.
All such bonds must be otherwise conditioned as required by law or the department.
4. No person bidding for work or submitting proposals under the provisions of this chapter may be accepted as surety on any bond.
5. Whenever the department has cause to believe that the sureties or any of them have become insufficient, it may demand in writing of the contractor such further bonds or additional sureties, in a total sum not exceeding that originally required, as are necessary, considering the extent of the work remaining to be done. Thereafter no payment may be made upon the contract to the contractor or any assignee of the contractor until the further bonds or additional sureties have been furnished.
6. The department in every contract may require the furnishing of proof by the successful bidder of public liability and insurance coverage for damage to property.
Sec. 3. NRS 408.367 is hereby amended to read as follows:
408.367 1. With the approval of the board, the director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of $250,000.
2. Such informal bids must be submitted in accordance with due advertisement thereof being published for at least one publication in any newspaper or publication.
3. The department shall mail a copy of the bid invitation to all bidders who are on record with the department as desiring to receive bid invitations on projects estimated to cost not in excess of $250,000.
4. [Contracts] Except as otherwise provided in section 1 of this act, contracts awarded pursuant to the provisions of this section must be accompanied by bonds and conditioned and executed in the name of the State of Nevada, and must be signed by the director under the seal of the department, and by the contracting party or parties. The form and legality of those contracts must be approved by the attorney general or chief counsel of the department.
Sec. 4. NRS 408.383 is hereby amended to read as follows:
408.383 1. Except as otherwise provided in subsections 2 [and 11,] , 11 and 12, the director may pay at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses in full for the work as completed but not more than 95 percent of the entire contract price.
κ2001 Statutes of Nevada, Page 638 (CHAPTER 117, AB 86)κ
work as completed but not more than 95 percent of the entire contract price. The progress estimates must be based upon materials in place, or on the job site, or at a location approved by the director, and invoiced, and labor expended thereon. The remaining 5 percent, but not more than $50,000, must be retained until the entire contract is completed satisfactorily and accepted by the director.
2. If the work in progress is being performed on a satisfactory basis, the director may reduce the percentage retained if he finds that sufficient reasons exist for additional payment and has obtained written approval from every surety furnishing bonds for the work. Any remaining money must be retained until the entire contract is completed satisfactorily and accepted by the director.
3. If it becomes necessary for the department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, must first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the department is payable to the contractor or the contractors creditors.
4. Such retained percentage as may be due any contractor is due and payable at the expiration of the 30-day period as provided in NRS 408.363 for filing of creditors claims, and this retained percentage is due and payable to the contractor at that time without regard to creditors claims filed with the department.
5. The contractor under any contract made or awarded by the department, including any contract for the construction, improvement, maintenance or repair of any road or highway or the appurtenances thereto, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under the contract which are retained by the department, pursuant to the terms of the contract, if the contractor deposits with the director:
(a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or United States treasury bills;
(b) Bonds or notes of the State of Nevada; or
(c) General obligation bonds of any political subdivision of the State of Nevada.
Certificates of deposit must be of a market value not exceeding par, at the time of deposit, but at least equal in value to the amount so withdrawn from payments retained under the contract.
6. The director has the power to enter into a contract or agreement with any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor after notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with him pursuant to this section. Such services include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this section.
7. The director or any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor to serve as custodian for the obligations pursuant to subsection 6, shall collect all interest or income when due on the obligations so deposited and shall pay them, when and as collected, to the contractor who deposited the obligation. If the deposit is in the form of coupon bonds, the director shall deliver each coupon as it matures to the contractor.
κ2001 Statutes of Nevada, Page 639 (CHAPTER 117, AB 86)κ
8. Any amount deducted by the State of Nevada, or pursuant to the terms of a contract, from the retained payments otherwise due to the contractor thereunder, must be deducted first from that portion of the retained payments for which no obligation has been substituted, then from the proceeds of any deposited obligation. In the latter case, the contractor is entitled to receive the interest, coupons or income only from those obligations which remain on deposit after that amount has been deducted.
9. A contractor shall disburse money paid to him pursuant to this section, including any interest that the contractor receives, to his subcontractors and suppliers within 15 days after he receives the money in the proportion that the value of the work performed by each subcontractor or the materials furnished by each supplier bears to the total amount of the contract between the principal contractor and the department.
10. Money payable to a subcontractor or supplier accrues interest at a rate equal to the lowest daily prime rate at the three largest banks in the United States on the date the subcontract or order for supplies was executed plus 2 percent, from 15 days after the money was received by the principal contractor until the date of payment.
11. If a contractor withholds more than 10 percent of a payment required by subsection 9, the subcontractor or supplier may inform the director in writing of the amount due. The director shall attempt to resolve the dispute between the contractor and the subcontractor or supplier within 20 working days after the date that the director receives notice of the amount due. If the dispute is not resolved within 20 working days after the date that the director receives notice of the amount due, the contractor shall deposit the disputed amount in an escrow account that bears interest. The contractor, subcontractor or supplier may pursue any legal or equitable remedy to resolve the dispute over the amount due. The director may not be made a party to any legal or equitable action brought by the contractor, subcontractor or supplier.
12. If the director awards to a railroad company a contract for a project for the construction, reconstruction, improvement or maintenance of a highway and the project is located on property that is owned by or under the control of the railroad company, the director may agree in the contract not to retain any portion of the contract price.
Sec. 5. NRS 408.3884 is hereby amended to read as follows:
408.3884 To qualify to participate in the design and construction of a project for the department, a design-build team must:
1. [Obtain] Except as otherwise provided in section 1 of this act, obtain a performance bond and payment bond as the department may require;
2. Obtain insurance covering general liability and liability for errors and omissions;
3. Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause;
4. Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.1387, 338.145 or 408.333; and
5. Ensure that the members of the design-build team possess the licenses and certificates required to carry out the functions of their respective professions within this state.
κ2001 Statutes of Nevada, Page 640 (CHAPTER 117, AB 86)κ
Sec. 6. NRS 338.1373 is hereby amended to read as follows:
338.1373 1. A local government shall award a contract for the construction, alteration or repair of a public work pursuant to the provisions of:
(a) NRS 338.1375 to 338.1389, inclusive; or
(b) NRS 338.143, 338.145 and 338.147.
2. The provisions of NRS 338.1375 to 338.1383, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the department of transportation pursuant to NRS 408.313 to 408.433, inclusive [.] , and section 1 of this act.
Sec. 7. This act becomes effective upon passage and approval.
________
Assembly Bill No. 183Committee on Ways and Means
CHAPTER 118
AN ACT making an appropriation to the legislative fund for the reproduction of older volumes of Nevada Reports and Statutes of Nevada; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created by NRS 218.085 the sum of $73,100 for the cost of reproducing older volumes of Nevada Reports that are out of print or of limited supply, pursuant to NRS 345.025, and for the cost of reproducing volumes of Statutes of Nevada that are in short supply or out of print.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 641κ
Assembly Bill No. 299Assemblyman Mortenson
CHAPTER 119
AN ACT relating to elections; revising the period within which county and municipal initiative and referendum petitions must be filed; providing for the appointment of two committees to prepare arguments for and against county and municipal ballot questions in certain counties and cities; revising the provisions relating to the appointment and duties of such committees; authorizing the county clerk and city clerk to consult with certain persons before determining whether to reject certain statements in arguments and rebuttals prepared by such committees; providing that signatures must be removed from certain petitions, upon request, only if the removal of such signatures could affect the sufficiency of the petitions; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.1277 is hereby amended to read as follows:
293.1277 1. If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within 9 days, excluding Saturdays, Sundays and holidays, after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.
2. If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
3. In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, he shall ensure that every application in the file is examined, including any application in his possession which may not yet be entered into his records. The county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his determination.
4. Except as otherwise provided in subsection 6, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerks office. When the county clerk transmits the certificate to the secretary of state, the county clerk shall notify the secretary of state of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or 306.015.
5. A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures.
κ2001 Statutes of Nevada, Page 642 (CHAPTER 119, AB 299)κ
the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.
6. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the secretary of state the documents containing the signatures of the registered voters.
7. The secretary of state may by regulation establish further procedures for carrying out the provisions of this section.
Sec. 2. NRS 293.1278 is hereby amended to read as follows:
293.1278 1. If the certificates received by the secretary of state from all the county clerks establish that the number of valid signatures is less than 90 percent of the required number of registered voters, the petition shall be deemed to have failed to qualify, and the secretary of state shall immediately so notify the petitioners and the county clerks.
2. If those certificates establish that the [petitioners have] number of valid signatures is equal to or more than the sum of 100 percent of the number of registered voters needed to make the petition sufficient [,] plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the petition shall be deemed to qualify as of the date of receipt by the secretary of state of those certificates , [showing the petition to have reached 100 percent,] and the secretary of state shall immediately so notify the petitioners and the county clerks.
3. If the certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient but the petition fails to qualify pursuant to subsection 2, each county clerk who received a request to remove a name pursuant to NRS 295.055 or 306.015 shall remove each name as requested, amend the certificate, and transmit the amended certificate to the secretary of state. If the amended certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient, the petition shall be deemed to qualify as of the date of receipt by the secretary of state of the amended certificates, and the secretary of state shall immediately so notify the petitioners and the county clerks.
Sec. 3. NRS 293.1279 is hereby amended to read as follows:
293.1279 1. If the statistical sampling shows that the number of valid signatures filed is 90 percent or more , but less than the sum of 100 percent of the number of signatures of registered voters needed to declare the petition sufficient [,] plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the secretary of state shall order the county clerks to examine the signatures for verification. The county clerks shall examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid. If the county clerks received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerks may not determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid until they have removed each name as requested pursuant to NRS 295.055 or 306.015.
2. If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county [,] plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055 or 306.015, the secretary of state may order the county clerk in that county to examine every signature for verification.
κ2001 Statutes of Nevada, Page 643 (CHAPTER 119, AB 299)κ
10 percent of the number of voters who voted at the last preceding general election in that county [,] plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055 or 306.015, the secretary of state may order the county clerk in that county to examine every signature for verification. If the county clerk received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerk may not determine that 100 percent or more of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county are valid until he has removed each name as requested pursuant to NRS 295.055 or 306.015.
3. Within 12 days, excluding Saturdays, Sundays and holidays, after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters signatures. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.
4. Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the county clerks office.
5. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not forward to the secretary of state the documents containing the signatures of the registered voters.
6. Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.
7. If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.
Sec. 4. NRS 293.12795 is hereby amended to read as follows:
293.12795 1. If an appeal is based upon the results of the verification of signatures on a petition performed pursuant to NRS 293.1277 or 293.1279, the secretary of state shall:
(a) If he finds for the appellant, order the county clerk to recertify the petition, including as verified signatures all contested signatures which the secretary of state determines are valid. If the county clerk has not yet removed each name as requested pursuant to NRS 295.055 or 306.015, the county clerk shall do so before recertifying the petition.
κ2001 Statutes of Nevada, Page 644 (CHAPTER 119, AB 299)κ
(b) If he does not find for the appellant, notify the appellant and the county clerk that the petition remains insufficient.
2. If the secretary of state is unable to make a decision on the appeal based upon the documents submitted to him, the secretary of state may order the county clerk to reverify the signatures.
3. The decision of the secretary of state is a final decision for the purposes of judicial review. The decision of the secretary of state may only be appealed in the first judicial district court.
Sec. 5. NRS 295.055 is hereby amended to read as follows:
295.055 1. The secretary of state shall by regulation specify:
(a) The format for the signatures on a petition for an initiative or referendum and make free specimens of the format available upon request. Each signature must be dated.
(b) The manner of fastening together several sheets circulated by one person to constitute a single document.
2. Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document.
3. A person who signs a petition may request that the county clerk remove his name from it by transmitting his request in writing to the county clerk at any time before the petition is filed with the county clerk.
Sec. 6. NRS 295.095 is hereby amended to read as follows:
295.095 1. Any five registered voters of the county may commence initiative or referendum proceedings by filing with the county clerk an affidavit stating they will constitute the petitioners committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.
2. Initiative petitions must be signed by a number of registered voters of the county equal to 15 percent or more of the number of voters who voted at the last preceding general election in the county.
3. Referendum petitions must be signed by a number of registered voters of the county equal to 10 percent or more of the number of voters who voted at the last preceding general election in the county.
4. A petition must be filed not later than:
(a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the county clerk; or
(b) One hundred and thirty days before the election,
whichever is earlier.
5. A petition may consist of more than one document, but all documents of a petition must be uniform in size and style, numbered and assembled as one instrument for filing. Each signature must be executed in ink or indelible pencil and followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in [paragraph (a) of] subsection 4. Each document must contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.
6. Each document of a petition must have attached to it when filed an affidavit executed by the circulator thereof stating:
(a) That he personally circulated the document;
(b) The number of signatures thereon;
(c) That all the signatures were affixed in his presence;
κ2001 Statutes of Nevada, Page 645 (CHAPTER 119, AB 299)κ
(d) That he believes them to be genuine signatures of the persons whose names they purport to be; and
(e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
7. The county clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:
(a) Documents included in the petition;
(b) Pages in each document; and
(c) Signatures that the person declares are included in the petition.
Sec. 7. NRS 295.121 is hereby amended to read as follows:
295.121 1. In a county whose population is 50,000 or more, for each initiative, referendum or other question to be placed on the ballot by the board or county clerk, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160, the board shall, in consultation with the county clerk [,] pursuant to subsection [2, appoint a committee of six person , three of whom are known to] 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three [of whom are known to] persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the county clerk pursuant to subsection 4, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on [more than one committee.] the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
[2.] 4. Before the board appoints a committee pursuant to subsection 1, the county clerk shall:
(a) Recommend to the board persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
[3.] 5. If the board of a county whose population is 50,000 or more fails to appoint a committee as required [by subsection 1,] pursuant to this section, the county clerk shall appoint the committee.
[4.] 6. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
κ2001 Statutes of Nevada, Page 646 (CHAPTER 119, AB 299)κ
(d) Shall , based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question ; [, and prepare a rebuttal to that argument;]
(e) Shall prepare [an argument opposing approval by the voters of the initiative, referendum or other question, and prepare] a rebuttal to [that argument;] the argument prepared by the other committee appointed pursuant to this section; and
(f) Shall submit the [arguments and rebuttals] argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection [5.] 7.
[5.] 7. The county clerk of a county whose population is 50,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.
[6.] 8. Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk [shall reject] :
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review.
[7.] 9. The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection [6.] 8. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
[8.] 10. In a county whose population is less than 50,000:
(a) The board may appoint [a committee] committees pursuant to [subsection 1.] this section.
(b) If the board appoints [a committee,] committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection [5.] 7.
Sec. 8. NRS 295.205 is hereby amended to read as follows:
295.205 1. Any five registered voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit:
(a) Stating they will constitute the petitioners committee and be responsible for circulating the petition and filing it in proper form;
(b) Stating their names and addresses;
κ2001 Statutes of Nevada, Page 647 (CHAPTER 119, AB 299)κ
(c) Specifying the address to which all notices to the committee are to be sent; and
(d) Setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.
2. Initiative petitions must be signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding city election.
3. Referendum petitions must be signed by a number of registered voters of the city equal to 10 percent or more of the number of voters who voted at the last preceding city election.
4. A petition must be filed not later than:
(a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the city clerk; or
(b) One hundred and thirty days before the election,
whichever is earlier.
5. A petition may consist of more than one document, but all documents of a petition must be uniform in size and style, numbered and assembled as one instrument for filing. Each signature must be executed in ink or indelible pencil and followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in [paragraph (a) of] subsection 4. Each document must contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.
6. Each document of a petition must have attached to it when filed an affidavit executed by the circulator thereof stating:
(a) That he personally circulated the document;
(b) The number of signatures thereon;
(c) That all the signatures were affixed in his presence;
(d) That he believes them to be genuine signatures of the persons whose names they purport to be; and
(e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
7. The city clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:
(a) Documents included in the petition;
(b) Pages in each document; and
(c) Signatures that the person declares are included in the petition.
Sec. 9. NRS 295.217 is hereby amended to read as follows:
295.217 1. In a city whose population is 50,000 or more, for each initiative, referendum or other question to be placed on the ballot by the council, including, without limitation, pursuant to NRS 293.482 or 295.215, the council shall, in consultation with the city clerk [,] pursuant to subsection [2, appoint a committee of six persons, three of whom are known to] 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three [of whom are known to] persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the city clerk pursuant to subsection 4, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.
κ2001 Statutes of Nevada, Page 648 (CHAPTER 119, AB 299)κ
the council must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on [more than one committee .] the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
[2.] 4. Before the council appoints a committee pursuant to [subsection 1,] this section, the city clerk shall:
(a) Recommend to the council persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
[3.] 5. If the council of a city whose population is 50,000 or more fails to appoint a committee as required [by subsection 1,] pursuant to this section, the city clerk shall appoint the committee.
[4.] 6. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall , based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question ; [, and prepare a rebuttal to that argument;]
(e) Shall prepare [an argument opposing approval by the voters of the initiative, referendum or other question, and prepare] a rebuttal to [that argument;] the argument prepared by the other committee appointed pursuant to this section; and
(f) Shall submit the [arguments and rebuttals] argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection [5.] 7.
[5.] 7. The city clerk of a city whose population is 50,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.
[6.] 8. Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk [shall reject] :
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
κ2001 Statutes of Nevada, Page 649 (CHAPTER 119, AB 299)κ
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the city attorney. The city attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney shall issue his decision rejecting or accepting the statement. The decision of the city attorney is a final decision for the purposes of judicial review.
[7.] 9. The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection [6.] 8. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
[8.] 10. In a city whose population is less than 50,000:
(a) The council may appoint [a committee] committees pursuant to [subsection 1.] this section.
(b) If the council appoints [a committee,] committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection [5.] 7.
Sec. 10. NRS 306.015 is hereby amended to read as follows:
306.015 1. Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition must file a notice of intent with the filing officer.
2. The notice of intent:
(a) Must be signed by three registered voters who actually voted in this state or in the county, district or municipality electing the officer at the last preceding general election.
(b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.
(c) Is valid until the date on which the call for a special election is issued, as set forth in NRS 306.040.
3. The petition may consist of more than one document. The persons filing the notice of intent shall submit the petition that was circulated for signatures to the filing officer within 60 days after the date on which the notice of intent was filed. The filing officer shall immediately submit the petition to the county clerk for verification pursuant to NRS 306.035. Any person who fails to file the petition as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.
4. The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer.
5. Any person who signs a petition to recall any public officer may request that the county clerk remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.
κ2001 Statutes of Nevada, Page 650 (CHAPTER 119, AB 299)κ
6. A person who signs a notice of intent pursuant to subsection 1 or a petition to recall a public officer is immune from civil liability for conduct related to the exercise of his right to participate in the recall of a public officer.
7. As used in this section, filing officer means the officer with whom the public officer to be recalled filed his declaration of candidacy or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.
Sec. 11. NRS 306.040 is hereby amended to read as follows:
306.040 1. Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the secretary of state shall notify the county clerk, the officer with whom the petition is to be filed pursuant to subsection 4 of NRS 306.015 and the public officer who is the subject of the petition.
2. After the verification of signatures is complete, but not later than the date a complaint is filed pursuant to subsection 5 or the date the call for a special election is issued, whichever is earlier, a person who signs a petition to recall may request the secretary of state to strike his name from the petition. If the person demonstrates good cause therefor [,] and the number of such requests received by the secretary of state could affect the sufficiency of the petition, the secretary of state shall strike [his] the name of the person from the petition.
3. Not sooner than 10 days nor more than 20 days after the secretary of state completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection 5, the officer with whom the petition is filed shall issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall him.
4. The call for a special election pursuant to subsection 3 or 6 must include, without limitation:
(a) The last day on which a person may register to vote to qualify to vote in the special election; and
(b) The last day on which a petition to nominate other candidates for the office may be filed.
5. The legal sufficiency of the petition may be challenged by filing a complaint in district court not later than 5 days, Saturdays, Sundays and holidays excluded, after the secretary of state completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.
6. Upon the conclusion of the hearing, if the court determines that the petition is sufficient, it shall order the officer with whom the petition is filed to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall him. If the court determines that the petition is not sufficient, it shall order the officer with whom the petition is filed to cease any further proceedings regarding the petition.
Sec. 12. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 651κ
Assembly Bill No. 266Committee on Government Affairs
CHAPTER 120
AN ACT relating to notaries public; prescribing a certificate sufficient for administering an oath or affirmation of office; authorizing the secretary of state to provide and charge a reasonable fee for courses of study for the voluntary training of notaries public; establishing the notary public training fund; prescribing the date of the commencement of an appointment as a notary public; prohibiting a notary public from committing certain acts; requiring a notary public to enter in his journal the type of certificate used to evidence a notarial act; authorizing the secretary of state to refuse to issue an apostille in certain circumstances; repealing the provisions relating to commissioners of deeds; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 240 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The following certificate is sufficient for administering an oath or affirmation of office:
State of.........................
County of.....................
I, .............(name of person taking oath or affirmation of office)............, do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and the constitution and government of the State of Nevada against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of ........(title of office)........, on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.
..........................................................................
(Signature of person taking oath
or affirmation of office)
Signed and sworn to (or affirmed) before me on ........(date)........ by ...............(name of person taking oath or affirmation of office)...............
..........................................................................
(Signature of notarial officer)
(Seal, if any)
..........................................................................
(Title and rank (optional))
Sec. 3. 1. The secretary of state may:
(a) Provide courses of study for the voluntary training of notaries public at such times and for such duration as he determines appropriate; and
κ2001 Statutes of Nevada, Page 652 (CHAPTER 120, AB 266)κ
(b) Charge a reasonable fee to each person who enrolls in a course of study for the voluntary training of notaries public.
2. A course of study provided pursuant to this section must comply with the regulations adopted pursuant to subsection 1 of NRS 240.017.
3. The secretary of state shall deposit the fees collected pursuant to paragraph (b) of subsection 1 in the notary public training fund which is hereby created as a special revenue fund in the state treasury. The fund must be administered by the secretary of state. Any interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. Any money remaining in the fund at the end of a fiscal year does not revert to the state general fund and the balance in the fund must be carried forward. All claims against the fund must be paid as other claims against the state are paid. The money in the fund may be expended only to pay for expenses related to providing courses of study for the voluntary training of notaries public, including, without limitation, the rental of rooms and other facilities, advertising, travel and the printing and preparation of course materials.
Sec. 4. NRS 240.001 is hereby amended to read as follows:
240.001 As used in NRS 240.001 to 240.169, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 240.002 to 240.006, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 240.017 is hereby amended to read as follows:
240.017 The secretary of state:
1. May adopt regulations [prescribing] :
(a) Prescribing the procedure for the appointment and voluntary training of a notary public.
(b) Establishing procedures for the notarization of digital or electronic signatures.
2. Shall adopt regulations prescribing the form of each affidavit required pursuant to subsection 2 of NRS 240.030.
Sec. 6. NRS 240.030 is hereby amended to read as follows:
240.030 1. Except as otherwise provided in subsection 4, each person applying for appointment as a notary public must:
(a) At the time he submits his application, pay to the secretary of state $35.
(b) Take and subscribe to the oath set forth in section 2 of article 15 of the constitution of the State of Nevada as if he were a public officer.
(c) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this state in which the applicant maintains a place of business or is employed. The applicant shall submit to the secretary of state a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.
2. In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public, including, without limitation, a court reporter, who resides in an adjoining state must submit to the secretary of state with his application:
(a) An affidavit setting forth the adjoining state in which he resides, his mailing address and the address of his place of business or employment that is located within the State of Nevada; and
κ2001 Statutes of Nevada, Page 653 (CHAPTER 120, AB 266)κ
(b) Unless the applicant is self-employed, an affidavit from his employer setting forth the facts that show:
(1) The employer is licensed to do business in the State of Nevada; and
(2) The employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.
3. In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant must not be required to disclose his residential address or telephone number on any such document which will become available to the public.
4. A court reporter who has received a certificate of registration pursuant to NRS 656.180 may apply for appointment as a notary public with limited powers. Such an applicant is not required to enter into a bond to obtain the limited power of a notary public to administer oaths or affirmations.
5. If required, the bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this state in which the applicant maintains a place of business or is employed. On a form provided by the secretary of state, the county clerk shall immediately certify to the secretary of state that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the secretary of state shall issue a certificate of appointment as a notary public to the applicant.
6. Except as otherwise provided in subsection 7, the term of a notary public commences on the effective date of the bond required pursuant to paragraph (c) of subsection 1. A notary public shall not perform a notarial act after the effective date of the bond unless he has been issued a certificate of appointment.
7. The term of a notary public with limited powers commences on the date set forth in his certificate of appointment.
8. Except as otherwise provided in this subsection, the secretary of state shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the secretary of state shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.
Sec. 7. NRS 240.069 is hereby amended to read as follows:
240.069 A certified court reporter who receives a certificate of appointment as a notary public with limited powers pursuant to subsection [3] 4 of NRS 240.030, may only administer oaths and affirmations and may not perform the other powers, and is not required to perform the other duties, of a notary public specified in NRS 240.040, 240.060 and 240.120.
Sec. 8. NRS 240.075 is hereby amended to read as follows:
240.075 A notary public shall not:
1. Influence a person to enter or not enter into a lawful transaction involving a notarial act performed by the notary public.
2. Certify an instrument containing a statement known by him to be false.
κ2001 Statutes of Nevada, Page 654 (CHAPTER 120, AB 266)κ
3. Perform any act as a notary public with intent to deceive or defraud [.] , including, without limitation, altering the journal that he is required to keep pursuant to NRS 240.120.
4. Endorse or promote any product, service or offering if his appointment as a notary public is used in the endorsement or promotional statement.
5. Certify photocopies of a certificate of birth, death or marriage or a divorce decree.
6. Allow any other person to use his notarys stamp.
7. Allow any other person to sign the notarys name in a notarial capacity.
8. Perform a notarial act on a document that contains only a signature.
Sec. 9. NRS 240.120 is hereby amended to read as follows:
240.120 1. Except as otherwise provided in NRS 240.069, each notary public shall keep a journal in his office in which he shall enter for each notarial act performed, at the time the act is performed:
(a) The fees charged, if any;
(b) The title of the [matter;] document;
(c) The date on which he performed the service;
(d) The name and signature of the person whose signature is being notarized;
(e) A description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized; [and]
(f) An indication of whether he administered an oath [.] ; and
(g) The type of certificate used to evidence the notarial act, as required pursuant to NRS 240.1655.
2. If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall:
(a) Require the witness to sign the journal in the space provided for the description of the evidence used; and
(b) Make a notation in the journal that the witness is a credible witness.
3. The journal must:
(a) Be open to public inspection.
(b) Be in a bound volume with preprinted page numbers.
4. A notary public shall, upon request and payment of the fee set forth in NRS 240.100, provide a certified copy of an entry in his journal.
5. A notary public shall retain each journal that he has kept pursuant to this section until 7 years after the date on which he ceases to be a notary public.
6. A notary public shall file a report with the secretary of state and the appropriate law enforcement agency if his journal is lost or stolen.
7. The provisions of this section do not apply to a person who is authorized to perform a notarial act pursuant to paragraph (b), (c) or (d) of subsection 1 of NRS 240.1635.
Sec. 10. NRS 240.165 is hereby amended to read as follows:
240.165 1. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by the following persons:
κ2001 Statutes of Nevada, Page 655 (CHAPTER 120, AB 266)κ
(a) A notary public;
(b) A judge, clerk or deputy clerk of a court of record; or
(c) A person authorized by the law of that jurisdiction to perform notarial acts.
2. An apostille in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. The secretary of state shall, upon request and payment of a fee of $20, issue an apostille to verify a signature of a notarial officer on a document that is kept in the records of the secretary of state [.] unless the document had not been notarized in accordance with the provisions of this chapter.
3. A certificate by an officer of the foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by an officer of the foreign service or consular officer of that nation stationed in the United States, conclusively establishes a matter relating to the authenticity or validity of the notarial act set forth in the certificate.
4. An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.
5. An official stamp or seal of an officer listed in paragraph (a) or (b) of subsection 1 is prima facie evidence that a person with the indicated title has authority to perform notarial acts.
6. If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
Sec. 11. NRS 240.1655 is hereby amended to read as follows:
240.1655 1. A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office. [If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected.] If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officers rank.
2. A certificate of a notarial act is sufficient if it meets the requirements of subsection 1 and it:
(a) Is in the short form set forth in NRS 240.166 to 240.169, inclusive [;] , and section 2 of this act;
(b) Is in a form otherwise prescribed by the law of this state;
(c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.
3. By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by NRS 240.163.
Sec. 12. NRS 240.166 is hereby amended to read as follows:
240.166 The following certificate is sufficient for an acknowledgment in an individual capacity:
κ2001 Statutes of Nevada, Page 656 (CHAPTER 120, AB 266)κ
State of.................................
County of............................
This instrument was acknowledged before me on ........(date)........ by ....................(name(s) of person(s))....................
..........................................................................
(Signature of notarial officer)
(Seal, if any)
..........................................................................
(Title and rank (optional))
[(My commission expires (optional): )]
Sec. 13. NRS 240.1665 is hereby amended to read as follows:
240.1665 The following certificate is sufficient for an acknowledgment in a representative capacity:
State of.................................
County of............................
This instrument was acknowledged before me on ........(date)........ by ....................(name(s) of person(s)).................... as ....................(type of authority, e.g., officer, trustee, etc.).................... of ....................(name of party on behalf of whom instrument was executed)....................
..........................................................................
(Signature of notarial officer)
(Seal, if any)
..........................................................................
(Title and rank (optional))
[(My commission expires (optional): )]
Sec. 14. NRS 240.1667 is hereby amended to read as follows:
240.1667 The following certificate is sufficient for an acknowledgment that contains a power of attorney:
State of ................................
County of ...........................
This instrument was acknowledged before me on ............(date)............ by...............(name of person [receiving] holding power of attorney)............... as attorney in fact for...............(name of principal/person whose name is in the document).............
..........................................................................
(Signature of notarial officer)
(Seal, if any)
..........................................................................
(Title and rank (optional))
[(My commission expires (optional): )]
κ2001 Statutes of Nevada, Page 657 (CHAPTER 120, AB 266)κ
Sec. 15. NRS 240.167 is hereby amended to read as follows:
240.167 The following certificate is sufficient for a verification upon oath or affirmation:
State of.................................
County of............................
Signed and sworn to (or affirmed) before me on ........(date)........ by ....................(name(s) of person(s) making statement)....................
..........................................................................
(Signature of notarial officer)
(Seal, if any)
..........................................................................
(Title and rank (optional))
[(My commission expires (optional): )]
Sec. 16. NRS 240.168 is hereby amended to read as follows:
240.168 The following certificate is sufficient for attesting a copy of a document:
State of.................................
County of............................
I certify that this is a true and correct copy of a document in the possession of.......................(name of person who presents the document)...................
Dated................................
..........................................................................
(Signature of notarial officer)
(Seal, if any)
..........................................................................
(Title and rank (optional))
[My commission expires (optional): )]
Sec. 17. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers must be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Justices of the supreme court.
(g) District judges.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) Other officers whose elections are provided for by law.
(n) For each county, and the equivalent officers for Carson City:
κ2001 Statutes of Nevada, Page 658 (CHAPTER 120, AB 266)κ
(1) One county clerk, who is ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who is ex officio county auditor of his county if a county comptroller has not been appointed in his county.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. [The following officers must be appointed:
(a) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(b)] All officers who are not elected [.] must be appointed.
Sec. 18. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers must be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Five justices of the supreme court.
(g) District judges.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) Other officers whose elections are provided for by law.
(n) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who is ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who is ex officio county auditor in counties in which a county comptroller has not been appointed.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. [The following officers must be appointed:
(a) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(b)] All officers who are not elected [.] must be appointed.
Sec. 19. NRS 281.4365 is hereby amended to read as follows:
281.4365 1. Public officer means a person elected or appointed to a position which is established by the constitution of the State of Nevada, a statute of this state or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty.
κ2001 Statutes of Nevada, Page 659 (CHAPTER 120, AB 266)κ
statute of this state or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty. As used in this section, the exercise of a public power, trust or duty includes:
(a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of public policy;
(b) The expenditure of public money; and
(c) The enforcement of laws and rules of the state, a county or a city.
2. Public officer does not include:
(a) Any justice, judge or other officer of the court system;
(b) [A commissioner of deeds;
(c)] Any member of a board, commission or other body whose function is advisory;
[(d)] (c) Any member of a board of trustees for a general improvement district or special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the districts money; or
[(e)] (d) A county health officer appointed pursuant to NRS 439.290.
Sec. 20. NRS 240.170, 240.180, 240.190, 240.200, 240.210, 240.220 and 240.230 are hereby repealed.
Sec. 21. 1. This section and sections 1 to 17, inclusive, 19 and 20 of this act become effective on October 1, 2001.
2. Section 17 of this act expires by limitation on the date on which the qualified electors of this state approve a constitutional amendment that establishes an intermediate court of appeals within the State of Nevada.
3. Section 18 of this act becomes effective on the date on which the qualified electors of this state approve a constitutional amendment that establishes an intermediate court of appeals within the State of Nevada.
________
Assembly Bill No. 337Committee on Commerce and Labor
CHAPTER 121
AN ACT relating to deceptive trade practices; expanding the definition of deceptive trade practice to include a person who engages in certain acts during a solicitation by telephone or sales presentation; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:
A person engages in a deceptive trade practice if during a solicitation by telephone or sales presentation, he:
1. Uses threatening, intimidating, profane or obscene language;
2. Repeatedly or continuously conducts the solicitation or presentation in a manner that is considered by a reasonable person to be annoying, abusive or harassing;
κ2001 Statutes of Nevada, Page 660 (CHAPTER 121, AB 337)κ
3. Solicits a person by telephone at his residence between 9 p.m. and 8 a.m.; or
4. Blocks or otherwise intentionally circumvents any service used to identify the caller when placing an unsolicited telephone call.
Sec. 2. NRS 598.0903 is hereby amended to read as follows:
598.0903 As used in NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 598.0999 is hereby amended to read as follows:
598.0999 1. A person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to [598.0997,] 598.0999, inclusive, and section 1 of this act upon a complaint brought by the commissioner, the director, the district attorney of any county of this state or the attorney general shall forfeit and pay to the state general fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to [598.0997, inclusive.] 598.0999, inclusive, and section 1 of this act.
2. In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, if the court finds that a person has willfully engaged in a deceptive trade practice, the commissioner, the director, the district attorney of any county in this state or the attorney general bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorneys fees and costs.
3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice, other than a deceptive trade practice described in NRS 598.992:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second offense, is guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
5. If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, 598.100 to 598.2801, inclusive, 598.281 to 598.289, inclusive, 598.840 to 598.966, inclusive, or 598.992, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:
(a) The suspension of the persons privilege to conduct business within this state; or
(b) If the defendant is a corporation, dissolution of the corporation.
The court may grant or deny the relief sought or may order other appropriate relief.
κ2001 Statutes of Nevada, Page 661 (CHAPTER 121, AB 337)κ
Sec. 4. The provisions of this act do not apply to offenses committed before July 1, 2001.
Sec. 5. 1. This section and section 1, 2 and 4 of this act become effective on July 1, 2001.
2. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 2001.
________
Assembly Bill No. 361Assemblyman Marvel
CHAPTER 122
AN ACT relating to taxation; revising the provisions governing the reporting requirements, payment schedules and collection procedures for the tax on the net proceeds of minerals; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 362.110 is hereby amended to read as follows:
362.110 1. Every person extracting any mineral in this state or receiving any royalty:
(a) Shall, on or before February 16 of each year, file with the department a statement showing the gross yield and claimed net proceeds from each geographically separate operation where a mineral is extracted by that person during the calendar year immediately preceding the year in which the statement is filed.
(b) May have up to 30 days after filing the statement required by paragraph (a) to file an amended statement, if beforehand he [makes] submits a written application to the department and the department finds good cause to allow the amendment of the statement.
2. The statement must:
(a) Show the claimed deductions from the gross yield in the detail set forth in NRS 362.120. The deductions are limited to the costs incurred during the [period covered by the statement.] calendar year immediately preceding the year in which the statement is filed.
(b) Be in the form prescribed by the department.
(c) Be verified by the manager, superintendent, secretary or treasurer of the corporation, or by the owner of the operation, or, if the owner is a natural person, by someone authorized in his behalf.
3. Each recipient of a royalty as described in subsection 1 shall annually file with the department a list showing each of the lessees responsible for taxes due in connection with the operation or operations included in the statement filed pursuant to subsections 1 and 2.
Sec. 2. NRS 362.120 is hereby amended to read as follows:
362.120 1. The department shall, from the statement filed pursuant to NRS 362.110 and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of the [period covered by the statement.] calendar year immediately preceding the year in which the statement is filed.
κ2001 Statutes of Nevada, Page 662 (CHAPTER 122, AB 361)κ
2. The gross yield must include the value of any mineral extracted which was:
(a) Sold;
(b) Exchanged for any thing or service;
(c) Removed from the state in a form ready for use or sale; or
(d) Used in a manufacturing process or in providing a service,
during [the period covered by the statement.] that period.
3. The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:
(a) The actual cost of extracting the mineral.
(b) The actual cost of transporting the mineral to the place or places of reduction, refining and sale.
(c) The actual cost of reduction, refining and sale.
(d) The actual cost of marketing and delivering the mineral and the conversion of the mineral into money.
(e) The actual cost of maintenance and repairs of:
(1) All machinery, equipment, apparatus and facilities used in the mine.
(2) All milling, refining, smelting and reduction works, plants and facilities.
(3) All facilities and equipment for transportation except those that are under the jurisdiction of the public utilities commission of Nevada or the transportation services authority.
(f) The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e).
(g) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada tax commission. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.
(h) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.
(i) All money paid as contributions or payments under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.
(j) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit.
(k) All money paid as royalties by a lessee or sublessee of a mine or well, or by both, in determining the net proceeds of the lessee or sublessee, or both.
4. Royalties deducted by a lessee or sublessee constitute part of the net proceeds of the minerals extracted, upon which a tax must be levied against the person to whom the royalty has been paid.
5. Every person acquiring property in the State of Nevada to engage in the extraction of minerals and who incurs any of the expenses mentioned in subsection 3 shall report those expenses and the recipient of any royalty to the department on forms provided by the department.
κ2001 Statutes of Nevada, Page 663 (CHAPTER 122, AB 361)κ
6. The several deductions mentioned in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:
(a) The working of the mine;
(b) The operating of the mill, smelter or reduction works;
(c) The operating of the facilities or equipment for transportation;
(d) Superintending the management of any of those operations; or
(e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations.
Sec. 3. NRS 362.130 is hereby amended to read as follows:
362.130 1. When the department determines from the annual statement filed pursuant to NRS 362.110 the net proceeds of any minerals extracted, it shall prepare its certificate of the amount of the net proceeds and the tax due and shall send a copy to the owner of the mine, operator of the mine, or recipient of the royalty, as the case may be.
2. The certificate must be prepared and mailed not later than April 20 immediately following the month of February during which the statement was filed.
3. The tax due as indicated in the certificate prepared pursuant to this section must be paid on or before May 10 of the year in which the certificate is received.
4. [If the owner of the mine, operator of the mine, or recipient of the royalty paid taxes pursuant to subsection 1 or 2 of NRS 362.145, the certificate must indicate any deficiency remaining from the previous calendar year or any overpayment of the taxes made for the previous calendar year.
5. Any deficiency remaining from the previous calendar year, as indicated on the certificate prepared pursuant to this section must be paid on or before May 10 of the year in which the certificate is received.
6.] If an overpayment was made , [and subsection 1 or 2 of NRS 362.145 applies to the taxpayer for the current calendar year or the taxpayer chooses to pay the tax pursuant to subsection 1 or 2 of NRS 362.145 for the current calendar year,] the overpayment may be credited toward the payment due on [August 1 of the current calendar year. If neither subsection 1 nor subsection 2 of NRS 362.145 applies to the taxpayer for the current calendar year and the tax is paid on or before] May 10 of the next calendar year . [, the overpayment may be credited toward that payment.] If the certificate prepared pursuant to this section shows a net loss for the year covered by the certificate or an amount of tax due for that year which is less than an overpayment made for the preceding year, the amount or remaining amount of the overpayment must be refunded to the taxpayer within 30 days after the certification was sent to the taxpayer.
Sec. 4. NRS 362.170 is hereby amended to read as follows:
362.170 1. There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, by the combined rate of tax ad valorem, excluding any rate levied by the State of Nevada, for property at that site, plus a pro rata share of any penalties and interest collected by the department for the late payment of taxes distributed to the county. The department shall report to the state controller on or before [February 28,] May 25 [and August 15] of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year .
κ2001 Statutes of Nevada, Page 664 (CHAPTER 122, AB 361)κ
calendar year . [and the statements filed pursuant to NRS 362.145.] The state controller shall distribute all money due to a county on or before [March 5,] May 30 [and August 20] of each year.
2. The county treasurer shall apportion to each local government or other local entity an amount calculated by:
(a) Determining the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation and any royalty payments paid by that operation, by the rate levied on behalf of that local government or other local entity;
(b) Adding to the amount determined pursuant to paragraph (a) a pro rata share of any penalties and interest collected by the department for the late payment of taxes distributed to that local government or local entity; and
(c) Subtracting from the amount determined pursuant to paragraph (b) a [percentage] commission of 3 percent of that amount which must be deposited in the county general fund.
3. The amounts apportioned pursuant to subsection 2, including, without limitation, the amount retained by the county and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.
4. The department shall report to the state controller on or before May 25 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.
Sec. 5. NRS 362.145 is hereby repealed.
Sec. 6. This act becomes effective upon passage and approval.
________
Assembly Bill No. 400Committee on Judiciary
CHAPTER 123
AN ACT relating to crimes; revising the crime of aggravated stalking; revising provisions concerning where crimes of harassment, stalking and aggravated stalking are deemed to have been committed; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.1675 is hereby amended to read as follows:
193.1675 1. Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.465, paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, 200.5099 or [paragraph (a) of] subsection 2 of NRS 200.575 because the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim was different from that characteristic of the perpetrator, may be punished by imprisonment in the state prison for an additional term not to exceed 25 percent of the term of imprisonment prescribed by statute for the crime.
κ2001 Statutes of Nevada, Page 665 (CHAPTER 123, AB 400)κ
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
Sec. 2. NRS 200.575 is hereby amended to read as follows:
200.575 1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking. Except where the provisions of subsection 2 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who [:
(a) Commits] commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm [;
(b) Commits the crime of stalking on his spouse while a proceeding for the dissolution of their marriage is pending for which he has actual or legal notice or within 6 months after entry of the final decree of dissolution; or
(c) Commits the crime of stalking on a person with whom he has a child in common while a proceeding for the custody of that child is pending for which he has actual or legal notice,] commits the crime of aggravated stalking.
[3.] A person who commits the crime of aggravated stalking shall be punished [:
(a) If he commits the crime set forth in paragraph (a) of subsection 2,] for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
[(b) If he commits the crime set forth in paragraph (b) or (c) of subsection 2:
(1) For the first offense, for a gross misdemeanor.
(2) For the second and any subsequent offense, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
4.] 3. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
[5.] 4. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
[6.] 5. As used in this section:
(a) Course of conduct means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.
(b) Without lawful authority includes acts which are initiated or continued without the victims consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:
κ2001 Statutes of Nevada, Page 666 (CHAPTER 123, AB 400)κ
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the normal course of his lawful employment.
(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
Sec. 3. NRS 200.581 is hereby amended to read as follows:
200.581 Harassment, stalking or aggravated stalking shall be deemed to have been committed where the conduct occurred or [, in the case of harassment or aggravated stalking involving a threat, at the place from which the threat was made or at the place where the threat was received.] where the person who was affected by the conduct was located at the time that the conduct occurred.
Sec. 4. The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.
________
Assembly Bill No. 427Assemblyman Hettrick
CHAPTER 124
AN ACT relating to state purchasing; revising the requirements for a request for proposals for a contract for state purchasing; revising the manner in which such a contract is awarded; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:
Each request for proposals must include minimum requirements that the successful bidder must meet for the awarding of a contract pursuant to the provisions of this chapter. A contract may not be awarded to a bidder who does not comply with the requirements set forth in the request for proposals.
Sec. 2. NRS 333.335 is hereby amended to read as follows:
333.335 1. Each proposal must be evaluated by:
(a) The chief of the using agency, or a committee appointed by the chief of the using agency in accordance with the regulations adopted pursuant to NRS 333.135, if the proposal is for a using agency; or
(b) The chief of the purchasing division, or a committee appointed by the chief in accordance with the regulations adopted pursuant to NRS 333.135, if he is responsible for administering the proposal.
κ2001 Statutes of Nevada, Page 667 (CHAPTER 124, AB 427)κ
2. A committee appointed pursuant to subsection 1 must consist of not less than two members. A majority of the members of the committee must be state officers or employees. The committee may include persons who are not state officers or employees and possess expert knowledge or special expertise that the chief of the using agency or the chief of the purchasing division determines is necessary to evaluate a proposal. The members of the committee are not entitled to compensation for their service on the committee, except that members of the committee who are state officers or employees are entitled to receive their salaries as state officers and employees. No member of the committee may have a financial interest in a proposal.
3. In making an award, the chief of the using agency, the chief of the purchasing division or each member of the committee, if a committee is established, shall consider and assign a score for each of the following factors for determining whether the proposal is in the best interests of the State of Nevada:
(a) The experience and financial stability of the person submitting a proposal;
(b) Whether the proposal [conforms] complies with the [terms] requirements of the request for proposals [;] as prescribed in section 1 of this act;
(c) The price of the proposal; and
(d) Any other factor disclosed in the request for proposals.
4. The chief of the using agency, the chief of the purchasing division or the committee, if a committee is established, shall determine the relative weight of each factor set forth in subsection 3 before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted.
5. The chief of the using agency, the chief of the purchasing division or the committee, if a committee is established, shall award the contract based on the best interests of the state , as determined by the total scores assigned pursuant to subsection 3, and is not required to accept the lowest-priced proposal.
6. Each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.
Sec. 3. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 668κ
Assembly Bill No. 476Assemblyman Dini (by request)
CHAPTER 125
AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to reinstate the registration of a motor vehicle that was suspended for lack of insurance under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in subsection 3:
(a) For each of the fifth and sixth such cars registered to a person, a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars registered to a person, a fee for registration of $12.
(c) For each of the ninth or more such cars registered to a person, a fee for registration of $8.
3. The fees specified in subsection 2 do not apply:
(a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.
(b) To cars that are part of a fleet.
4. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
5. For each transfer of registration, a fee of $6 in addition to any other fees.
6. [To] Except as otherwise provided in subsection 8 of NRS 485.317, to reinstate the registration of a motor vehicle suspended pursuant to [NRS 485.317:] that section:
(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or
(b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. [Money] The money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.
κ2001 Statutes of Nevada, Page 669 (CHAPTER 125, AB 476)κ
7. For every travel trailer, a fee for registration of $27.
8. For every permit for the operation of a golf cart, an annual fee of $10.
9. For every low-speed vehicle, as that term is defined in NRS 484.527, a fee for registration of $33.
10. To reinstate the registration of a motor vehicle that is suspended pursuant to NRS 482.451, a fee of $33.
Sec. 2. NRS 485.317 is hereby amended to read as follows:
485.317 1. The department shall, at least monthly, compare the current registrations of motor vehicles to the information in the database created pursuant to NRS 485.313 to verify that each motor vehicle:
(a) Which is newly registered in this state; or
(b) For which a policy of liability insurance has been issued, amended or terminated,
is covered by a policy of liability insurance as required by NRS 485.185. In identifying a motor vehicle for verification pursuant to this subsection, the department shall, if the motor vehicle was manufactured during or after 1981, use only the vehicle identification number, in whole or in part.
2. The department shall send a form for verification by first-class mail to each registered owner that it determines has not maintained the insurance required by NRS 485.185. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owners or operators policy of liability insurance or a certificate of self-insurance, and return the completed form within 20 days after the date on which the form was mailed by the department. If the department does not receive the completed form within 20 days after it mailed the form to the owner, the department shall send to the owner a second form for verification by certified mail. The owner shall complete the form and return it to the department within 15 days after the date on which it was sent by the department. This subsection does not prohibit an authorized agent of the owner from providing to the department:
(a) The information requested by the department pursuant to this subsection.
(b) Additional information to amend or correct information already submitted to the department pursuant to this subsection.
3. When the department receives a completed form for verification it shall verify the information on the form.
4. The department shall suspend the registration and require the return to the department of the license plates of any vehicle for which:
(a) Neither of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent within the period specified in that subsection;
(b) Either of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent and the department is not able to verify the information on the form; or
(c) Either of the forms for verification set forth in subsection 2 is returned by the registered owner or his authorized agent with an admission of having no insurance or without indicating an insurer or the number of a motor vehicle liability policy or a certificate of self-insurance.
5. If the department suspends a registration pursuant to subsection 4 because:
κ2001 Statutes of Nevada, Page 670 (CHAPTER 125, AB 476)κ
(a) Neither the owner nor his authorized agent returned a form for verification within the specified period or the owner or his authorized agent returned a form for verification that was not completed sufficiently, and the owner or his authorized agent, thereafter:
(1) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(2) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and
(3) Presents evidence of current insurance; or
(b) The owner or his authorized agent submitted to the department a form for verification containing information that the department was unable to verify and, thereafter, the owner or his authorized agent presents to the department:
(1) A corrected form or otherwise verifiable evidence setting forth that the owner possessed insurance on the date stated in the form; and
(2) Evidence of current insurance,
the department shall rescind its suspension of the registration if it is able to verify the information on the form or the other evidence presented. The department shall not charge a fee to reinstate a registration, the suspension of which was rescinded pursuant to this subsection. For the purposes of this subsection, justifiable cause may include, but is not limited to, the fact that the owner did not receive the form mailed by the department pursuant to subsection 2.
6. Except as otherwise provided in [subsection 7,] subsections 7 and 8, if a registered owner whose registration is suspended pursuant to subsection 4, failed to have insurance on the date specified in the form for verification, the department shall reinstate the registration of the vehicle and reissue the license plates only upon filing by the registered owner of evidence of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.
7. If a registered owner proves to the satisfaction of the department that his vehicle was a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle, the department shall reinstate his registration and, if applicable, reissue his license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the department shall not reinstate his registration or reissue his license plates unless the owner pays the fee set forth in paragraph (b) of subsection 6 of NRS 482.480.
8. If the department suspends the registration of a motor vehicle pursuant to subsection 4 because the registered owner of the motor vehicle failed to have insurance on the date specified in the form for verification, and if the registered owner, in accordance with regulations adopted by the department, proves to the satisfaction of the department that he was unable to comply with the provisions of NRS 485.185 on that date because of extenuating circumstances, the department may:
(a) Reinstate the registration of the motor vehicle and reissue the license plates upon payment by the registered owner of a fee of $50, which must be deposited in the account for verification of insurance created by subsection 6 of NRS 482.480; or
κ2001 Statutes of Nevada, Page 671 (CHAPTER 125, AB 476)κ
(b) Rescind the suspension of the registration without the payment of a fee.
The department shall adopt regulations to carry out the provisions of this subsection.
9. For the purposes of verification of insurance by the department pursuant to this section, a registered owner shall not be deemed to have failed to maintain liability insurance for a motor vehicle unless the vehicle is without coverage for a period of more than 7 days.
Sec. 3. The amendatory provisions of this act do not apply to conduct that occurred before July 1, 2001.
Sec. 4. This act becomes effective on July 1, 2001.
________
Assembly Bill No. 487Assemblymen Chowning, de Braga, Ohrenschall, Anderson, Beers, Berman, Brown, Carpenter, Cegavske, Claborn, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Leslie, Manendo, Marvel, McClain, Mortenson, Nolan, Parks, Parnell, Perkins, Price, Smith and Tiffany
CHAPTER 126
AN ACT relating to candidates for office; allowing an elector to challenge the legal qualifications of certain candidates for office; providing that a candidate for office is deemed to have designated the filing officer for his office as his agent for service of process for such challenges; revising the form for declaration or acceptance of candidacy; providing that a candidate who files certain false documents is removed from the ballot and disqualified from his office; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. After a person files a declaration of candidacy or an acceptance of candidacy to be a candidate for an office, and not later than 5 days after the last day the person may withdraw his candidacy pursuant to NRS 293.202, an elector may file with the filing officer for the office a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the constitution or a statute of this state, including, without limitation, a requirement concerning age or residency. Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorneys fees and court costs of the challenged person.
2. A challenge filed pursuant to subsection 1 must:
(a) Indicate each qualification the person fails to meet;
(b) Have attached all documentation and evidence supporting the challenge; and
κ2001 Statutes of Nevada, Page 672 (CHAPTER 126, AB 487)κ
(c) Be in the form of an affidavit, signed by the elector under penalty of perjury.
3. Upon receipt of a challenge pursuant to subsection 1:
(a) The secretary of state shall immediately transmit the challenge to the attorney general.
(b) A filing officer other than the secretary of state shall immediately transmit the challenge to the district attorney.
4. If the attorney general or district attorney determines that probable cause exists to support the challenge, the attorney general or district attorney shall, not later than 5 working days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.
5. If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the constitution or a statute of this state, or if the person fails to appear at the hearing:
(a) The name of the person must not appear on any ballot for the election for the office for which he filed the declaration of candidacy or acceptance of candidacy; and
(b) The person is disqualified from entering upon the duties of the office for which he filed the declaration of candidacy or acceptance of candidacy.
6. If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorneys fees and court costs of the challenged person.
Sec. 3. In addition to any other penalty provided by law, if a person knowingly and willfully files a declaration of candidacy or acceptance of candidacy which contains a false statement:
1. The name of the person must not appear on any ballot for the election for which he filed the declaration of candidacy or acceptance of candidacy; and
2. The person is disqualified from entering upon the duties of the office for which he was a candidate.
Sec. 4. NRS 293.175 is hereby amended to read as follows:
293.175 1. The primary election must be held on the first Tuesday of September in each even-numbered year.
2. Candidates for partisan office of a major political party and candidates for nonpartisan office must be nominated at the primary election.
3. Candidates for partisan office of a minor political party must be nominated in the manner prescribed pursuant to NRS 293.171 to 293.174, inclusive.
4. Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.
κ2001 Statutes of Nevada, Page 673 (CHAPTER 126, AB 487)κ
5. The provisions of NRS 293.175 to 293.203, inclusive, and sections 2 and 3 of this act do not apply to:
(a) Special elections to fill vacancies.
(b) The nomination of the officers of incorporated cities.
(c) The nomination of district officers whose nomination is otherwise provided for by statute.
Sec. 5. NRS 293.1755 is hereby amended to read as follows:
293.1755 1. In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations of candidacy or acceptances of candidacy for the office which he seeks, he has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the state, district, county, township or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.
2. Any person who knowingly and willfully files an acceptance of candidacy or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.
3. [Any person convicted pursuant to the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.
4.] The provisions of this section do not apply to candidates for the office of district attorney.
Sec. 6. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and paid the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May.
2. A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:
DECLARATION of CANDIDACY of ........ for the
OFFICE of ................
State of Nevada
County of ........................
For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ........., I, the undersigned ........, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .........., in the City or Town of ......., County of .........., State of Nevada; that my actual, as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .., and the address at which I receive mail, if different than my residence, is .; that I am registered as a member of the ................
κ2001 Statutes of Nevada, Page 674 (CHAPTER 126, AB 487)κ
address at which I receive mail, if different than my residence, is .; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election , I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.
..................................................................
(Designation of name)
..................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of the month of ........ of the year....
.........................................................
Notary Public or other person
authorized to administer an oath
(b) For nonpartisan office:
DECLARATION of CANDIDACY of ........ for the
OFFICE of ................
State of Nevada
County of.........................
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ........., in the City or Town of ......., County of ........., State of Nevada; that my actual, as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .., and the address at which I receive mail, if different than my residence, is .; that if nominated as a nonpartisan candidate at the ensuing election , I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
κ2001 Statutes of Nevada, Page 675 (CHAPTER 126, AB 487)κ
constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
..................................................................
(Designation of name)
..................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of the month of ........ of the year ....
.........................................................
Notary Public or other person
authorized to administer an oath
3. A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidates name. The nickname must be in quotation marks and appear immediately before the candidates surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.
4. The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidates address is listed as a post office box unless a street address has not been assigned to his residence.
5. By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his agent for service of process for the purposes of a proceeding pursuant to section 2 of this act. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.
Sec. 7. Chapter 293C of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. 1. After a person files a declaration of candidacy or an acceptance of candidacy to be a candidate for an office, and not later than 5 working days after the last day the person may withdraw his candidacy pursuant to NRS 293C.195, an elector may file with the city clerk a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the constitution or a statute of this state, including, without limitation, a requirement concerning age or residency.
κ2001 Statutes of Nevada, Page 676 (CHAPTER 126, AB 487)κ
statute of this state, including, without limitation, a requirement concerning age or residency. Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorneys fees and court costs of the challenged person.
2. A challenge filed pursuant to subsection 1 must:
(a) Indicate each qualification the person fails to meet;
(b) Have attached all documentation and evidence supporting the challenge; and
(c) Be in the form of an affidavit, signed by the elector under penalty of perjury.
3. Upon receipt of a challenge pursuant to subsection 1, the city clerk shall immediately transmit the challenge to the city attorney.
4. If the city attorney determines that probable cause exists to support the challenge, the city attorney shall, not later than 5 days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.
5. If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the constitution or a statute of this state, or if the person fails to appear at the hearing:
(a) The name of the person must not appear on any ballot for the election for the office for which he filed the declaration of candidacy or acceptance of candidacy; and
(b) The person is disqualified from entering upon the duties of the office for which he filed the declaration of candidacy or acceptance of candidacy.
6. If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorneys fees and court costs of the challenged person.
Sec. 9. In addition to any other penalty provided by law, if a person knowingly and willfully files a declaration of candidacy or acceptance of candidacy which contains a false statement:
1. The name of the person must not appear on any ballot for the election for which he filed the declaration of candidacy or acceptance of candidacy; and
2. The person is disqualified from entering upon the duties of the office for which he was a candidate.
Sec. 10. NRS 293C.185 is hereby amended to read as follows:
293C.185 1. Except as otherwise provided in NRS 293C.190, a name may not be printed on a ballot to be used at a primary city election, unless the person named has filed a declaration of candidacy or an acceptance of candidacy and paid the fee established by the governing body of the city not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.
κ2001 Statutes of Nevada, Page 677 (CHAPTER 126, AB 487)κ
2. A declaration of candidacy required to be filed by this section must be in substantially the following form:
DECLARATION of CANDIDACY of ........ for the
OFFICE of ................
State of Nevada
City of ..............................
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ......................, in the City or Town of ................, County of .................., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .., and the address at which I receive mail, if different than my residence, is .; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election , law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
..................................................................
(Designation of name)
..................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ..... day of the month of ......... of the year ......
.........................................................
Notary Public or other person
authorized to administer an oath
3. A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidates name. The nickname must be in quotation marks and appear immediately before the candidates surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter concerning the person or principles for which he is voting.
κ2001 Statutes of Nevada, Page 678 (CHAPTER 126, AB 487)κ
4. The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidates address is listed as a post office box unless a street address has not been assigned to his residence.
5. By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the city clerk as his agent for service of process for the purposes of a proceeding pursuant to section 8 of this act. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.
Sec. 11. NRS 293C.200 is hereby amended to read as follows:
293C.200 1. In addition to any other requirement provided by law, no person may be a candidate for a city office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations or acceptances of candidacy for the office that he seeks, he has in accordance with NRS 281.050, actually, as opposed to constructively, resided in the city or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.
2. Any person who knowingly and willfully files a declaration of candidacy or an acceptance of candidacy that contains a false statement in this respect is guilty of a gross misdemeanor.
[3. Any person convicted pursuant to the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.]
Sec. 12. NRS 283.040 is hereby amended to read as follows:
283.040 1. Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040, 293.1755 or 293C.200.
(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, his refusal or neglect to give the bond within the time prescribed by law.
(f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be an actual, as opposed to constructive, resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.
κ2001 Statutes of Nevada, Page 679 (CHAPTER 126, AB 487)κ
(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness or absence from the state or county, as provided by law. In a county whose population is less than 10,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the attorney general, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:
(1) The medical condition of the incumbent;
(2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and
(3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.
(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.
(i) A determination pursuant to section 2 or 8 of this act that the incumbent fails to meet any qualification required for the office.
2. Upon the happening of any of the events described in subsection 1, if the incumbent fails or refuses to relinquish his office, the attorney general shall, if the office is a state office or concerns more than one county, or the district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.
Sec. 13. The provisions of this act do not apply to conduct that occurred before October 1, 2001.
________
κ2001 Statutes of Nevada, Page 680κ
Assembly Bill No. 497Assemblymen Gibbons, Leslie, Giunchigliani, Buckley, McClain, Anderson, Brown, Cegavske, de Braga, Freeman, Hettrick, Humke, Smith and Tiffany
Joint Sponsors: Senators Rawson and ODonnell
CHAPTER 127
AN ACT relating to anatomical gifts; requiring the bureau of consumer protection in the office of the attorney general to establish certain programs relating to anatomical gifts; creating the anatomical gift account; requiring the department of motor vehicles and public safety to provide certain information to a holder of a drivers license or an identification card issued by the department who wishes to make an anatomical gift; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 460 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 have the meanings ascribed to them in those sections.
Sec. 3. Anatomical gift has the meaning ascribed to it in NRS 451.513.
Sec. 4. Bureau means the bureau of consumer protection in the office of the attorney general.
Sec. 5. Consumers advocate means the consumers advocate of the bureau of consumer protection.
Sec. 6. 1. The bureau shall:
(a) Establish and carry out educational programs relating to anatomical gifts;
(b) Establish and carry out local and statewide programs to acknowledge publicly families of donors;
(c) Prepare and distribute information relating to anatomical gifts; and
(d) If the consumers advocate determines that there is sufficient money in the anatomical gift account created by section 7 of this act, pay the costs for the transplantation of an organ or tissue, including the cost for any medicine required as a result of the transplantation.
2. As used in this section, donor has the meaning ascribed to it in NRS 451.525.
Sec. 7. 1. The bureau may apply for and accept any gifts, grants, appropriations or donations to assist the bureau in carrying out programs relating to anatomical gifts.
2. Any money received by the bureau for programs relating to anatomical gifts must be deposited in the state treasury for credit to the anatomical gift account which is hereby created in the state general fund. The consumers advocate shall administer the account.
3. The money in the account must only be used to:
(a) Carry out the provisions of section 6 of this act; and
κ2001 Statutes of Nevada, Page 681 (CHAPTER 127, AB 497)κ
(b) Pay the costs, not to exceed 5 percent of the average balance of the account for each fiscal year, incurred by the bureau to administer programs relating to anatomical gifts.
4. The money in the account must:
(a) Be invested as money in other state accounts is invested; and
(b) Remain in the account and does not revert to the state general fund at the end of any fiscal year.
5. Each claim against the account must be:
(a) Approved by the consumers advocate before the claim is paid; and
(b) Paid as other claims against the state are paid.
Sec. 8. NRS 483.340 is hereby amended to read as follows:
483.340 1. The department shall , upon payment of the required fee , issue to every qualified applicant a drivers license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensees social security number, if he has one, unless he requests that it not appear on the license, the full name, date of birth, mailing address [,] and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.
2. The department may issue a drivers license for purposes of identification only for use by officers of local police and sheriffs departments, agents of the investigation division of the department while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the attorney general while engaged in undercover investigations and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriffs department, the chief of the investigation division, the director of the appropriate federal agency, the attorney general or the chairman of the state gaming control board. Such a license is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such drivers license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a drivers license pursuant to subsection 2 is confidential.
4. It is unlawful for any person to use a drivers license issued pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.
5. At the time of the issuance or renewal of the drivers license, the department shall [give] :
(a) Give the holder the opportunity to indicate on his drivers license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body [.] ;
(b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the anatomical gift account created by section 7 of this act; and
(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.
κ2001 Statutes of Nevada, Page 682 (CHAPTER 127, AB 497)κ
registration as a donor with The Living Bank International or its successor organization.
6. If the holder wishes to make a donation to the anatomical gift account, the department shall collect the donation and deposit the money collected in the state treasury for credit to the anatomical gift account.
7. The department shall submit to The Living Bank International, or its successor organization, information from the records of the department relating to persons who have drivers licenses that indicate the intention of those persons to make an anatomical gift. The department shall adopt regulations to carry out the provisions of this subsection.
Sec. 9. NRS 483.410 is hereby amended to read as follows:
483.410 1. Except as otherwise provided in subsection 6, for every drivers license, including a motorcycle drivers license, issued and service performed , the following fees must be charged:
A license issued to a person 65 years of age or older....................................... $14
An original license issued to any other person..................................................... 19
A renewal license issued to any other person....................................................... 19
Reinstatement of a license after suspension, revocation or cancellation, except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385........................................................................................ 40
Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385.................................. 65
A new photograph, change of name, change of other information, except address, or any combination.................................................................................................. 5
A duplicate license.................................................................................................... 14
2. For every motorcycle endorsement to a drivers license , a fee of $5 must be charged.
3. If no other change is requested or required, the department shall not charge a fee to convert the number of a license from the licensees social security number, or a number that was formulated by using the licensees social security number as a basis for the number, to a unique number that is not based on the licensees social security number.
4. The increase in fees authorized by NRS 483.347 and the fees charged pursuant to NRS 483.383 and 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.
5. A penalty of $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt pursuant to that section.
6. The department may not charge a fee for the reinstatement of a drivers license that has been:
(a) Voluntarily surrendered for medical reasons; or
(b) Canceled pursuant to NRS 483.310.
7. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
8. Except as otherwise provided in NRS 483.340, 483.415 [,] and 483.840, all money collected by the department pursuant to this chapter must be deposited in the state treasury for credit to the motor vehicle fund.
κ2001 Statutes of Nevada, Page 683 (CHAPTER 127, AB 497)κ
Sec. 10. NRS 483.840 is hereby amended to read as follows:
483.840 1. The form of the identification cards must be similar to that of drivers licenses but distinguishable in color or otherwise.
2. Identification cards do not authorize the operation of any motor vehicles.
3. Identification cards must include the following information concerning the holder:
(a) The name and sample signature of the holder.
(b) A unique identification number assigned to the holder that is not based on the holders social security number.
(c) A personal description of the holder.
(d) The date of birth of the holder.
(e) The current address of the holder in this state.
(f) A colored photograph of the holder in full face if he is 21 years of age or older, or a colored photograph in profile if he is under 21 years of age.
4. At the time of the issuance of the identification card, the department shall [give] :
(a) Give the holder the opportunity to indicate on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body [.] ;
(b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the anatomical gift account created by section 7 of this act; and
(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.
5. If the holder wishes to make a donation to the anatomical gift account, the department shall collect the donation and deposit the money collected in the state treasury for credit to the anatomical gift account.
6. The department shall submit to The Living Bank International, or its successor organization, information from the records of the department relating to persons who have identification cards issued by the department that indicate the intention of those persons to make an anatomical gift. The department shall adopt regulations to carry out the provisions of this subsection.
7. As used in this section, photograph has the meaning ascribed to it in NRS 483.125.
Sec. 11. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 684κ
Assembly Bill No. 535Committee on Judiciary
CHAPTER 128
AN ACT relating to civil practice; reducing the court filing fees for a petition to adopt a child with special needs; requiring a court to waive court costs when a petition is filed for the adoption of a child with special needs; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:
If the division of child and family services of the department of human resources, or a child-placing agency licensed by the division pursuant to chapter 127 of NRS, consents to the adoption of a child with special needs pursuant to NRS 127.186, a county clerk shall reduce the total filing fee to not more than $1 for filing the petition to adopt such a child.
Sec. 2. NRS 19.020 is hereby amended to read as follows:
19.020 1. At the time of the commencement of every civil action or other proceeding in the several district courts, the plaintiff shall pay the clerk of the court in which the action is commenced the sum of $3, except as otherwise provided [.] by specific statute.
2. At the commencement of any proceeding in any district court for the purpose of procuring an appointment of administration upon the estate of any deceased person, or procuring an appointment as guardian, the party instituting the proceeding shall pay the clerk of the court the sum of $1.50.
3. Whenever any appeal is taken in a civil action or proceeding from the judgment or decision of a justices court, or other tribunal inferior to the district court, the party appealing shall, before the return to the appeal may be filed in the appellate court, pay to the clerk of the appellate court the sum of $5.
4. The several fees provided for in this section are designated as court fees, and no such action may be deemed commenced, proceedings instituted, nor appeal perfected until the court fees are paid.
Sec. 3. NRS 19.031 is hereby amended to read as follows:
19.031 1. Except as otherwise provided in subsection 2, and section 1 of this act, in each county in which legal services are provided without charge to indigent or elderly persons through a program for legal aid organized under the auspices of the State Bar of Nevada, a county or local bar association, a county or municipal program for legal services or other program funded by this state or the United States to provide legal assistance, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of $25 from the party commencing or appearing in the action or proceeding. These fees are in addition to any other fees required by law.
κ2001 Statutes of Nevada, Page 685 (CHAPTER 128, AB 535)κ
2. In each county described in subsection 1, the county clerk shall, on the commencement of any action provided for in chapter 125 of NRS, and on the filing of any answer or appearance in any such action, charge and collect a fee of $14 from the party commencing or appearing in the action. These fees are in addition to any other fees required by law.
3. On or before the first Monday of each month the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsections 1 and 2. Except as otherwise provided in subsection 5, the county treasurer shall remit quarterly to the organization operating the program for legal services all the money received by him from the county clerk.
4. The organization operating the program for legal services shall use any money received pursuant to subsection 3 as follows:
(a) From each $25 collected pursuant to subsection 1:
(1) Fifteen dollars and fifty cents for the benefit of indigent persons in the county; and
(2) Nine dollars and fifty cents for the benefit of elderly persons in the county.
(b) From each $14 collected pursuant to subsection 2:
(1) Ten dollars for the benefit of indigent persons in the county; and
(2) Four dollars for the benefit of elderly persons in the county.
5. If the county treasurer receives notice from the state or a political subdivision that an award of attorneys fees or costs has been made to an organization that receives money pursuant to this section and has been paid, he shall:
(a) Deduct an amount equal to the award from the amount to be paid to the organization; and
(b) Remit an equal amount to the state or to the political subdivision that paid the fees or costs at the time when he would have paid it to the organization.
6. The fees which are collected from a county must be used for the benefit of the indigent or elderly persons in that county.
Sec. 4. NRS 19.0313 is hereby amended to read as follows:
19.0313 1. [In] Except as otherwise provided in section 1 of this act, in a county whose population is 100,000 or more, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect not less than $5 but not more than $10 from the party commencing, answering or appearing in the action or proceeding. The fee required pursuant to this section is in addition to any other fee required by law.
2. On or before the first Monday of each month the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for use in the programs established in accordance with NRS 3.500 and 244.1607.
3. [The] Except as otherwise provided in section 1 of this act, the board of county commissioners of any other county may impose by ordinance an additional filing fee of not more than $10 to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required. On or before the fifth day of each month, in a county where this fee has been imposed, the county clerk shall account for and pay over to the county treasurer all fees collected during the preceding month pursuant to this subsection for credit to an account for dispute resolution in the county general fund.
κ2001 Statutes of Nevada, Page 686 (CHAPTER 128, AB 535)κ
each month, in a county where this fee has been imposed, the county clerk shall account for and pay over to the county treasurer all fees collected during the preceding month pursuant to this subsection for credit to an account for dispute resolution in the county general fund. The money in the account must be used only to support a program established pursuant to NRS 3.500 or 244.1607.
Sec. 5. NRS 19.03135 is hereby amended to read as follows:
19.03135 1. In a county whose population is less than 100,000, the board of county commissioners may, in addition to any other fee required by law, impose by ordinance a filing fee of not more than $10 to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required [.] , except as otherwise required pursuant to section 1 of this act.
2. On or before the fifth day of each month, in a county where a fee has been imposed pursuant to subsection 1, the clerk of the court shall account for and pay over to the county treasurer any such fees collected by him during the preceding month for credit to an account for programs for the prevention and treatment of the abuse of alcohol and drugs in the county general fund. The money in that account must be used only to support programs for the prevention or treatment of the abuse of alcohol or drugs which may include, without limitation, any program of treatment for the abuse of alcohol or drugs established in a judicial district pursuant to NRS 453.580.
Sec. 6. NRS 19.0315 is hereby amended to read as follows:
19.0315 1. [On] Except as otherwise provided in section 1 of this act, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, the county clerk shall charge and collect a fee of $5 from the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.
2. On or before the first Monday of each month, the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for credit to an account for programs of arbitration in the county general fund. The money in the account must be used only to support programs for the arbitration of civil actions pursuant to NRS 38.250.
3. The provisions of this section apply only in judicial districts in which a program of arbitration has been established pursuant to NRS 38.250.
Sec. 7. NRS 19.050 is hereby amended to read as follows:
19.050 [When] Except as otherwise provided in subsection 8 of NRS 127.186, when by law any publication is required to be made by a county clerk of any suit, process, notice, order or other paper, the cost of such publication shall, if demanded, be tendered by the party to whom such order, process, notice or other paper was granted before the county clerk shall be compelled to make publication thereof.
Sec. 8. NRS 127.186 is hereby amended to read as follows:
127.186 1. The division, or a child-placing agency licensed by the division pursuant to this chapter, may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the division or the licensed agency by proposed adoptive parents when, in the judgment of the division or the licensed agency, it would be in the best interests of the child to be placed in that adoptive home.
κ2001 Statutes of Nevada, Page 687 (CHAPTER 128, AB 535)κ
licensed agency, it would be in the best interests of the child to be placed in that adoptive home.
2. The division or child-placing agency shall determine whether a child has special needs and notify the proposed adoptive parents of a child who is determined to have special needs:
(a) That they may be eligible for a grant of financial assistance pursuant to this section if the petition for adoption is granted; and
(b) The manner in which to apply for such financial assistance.
3. The division may grant financial assistance for attorneys fees [and court costs] in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents out of money provided for that purpose if the administrator of the division has reviewed and approved in writing the proposed adoption and grant of assistance.
4. The grant of financial assistance must be limited, both as to amount and duration, by agreement in writing between the division and the adoptive parents. The agreement does not become effective until the entry of the order of adoption.
5. Any grant of financial assistance must be reviewed and evaluated at least once annually by the division. The evaluation must be presented for approval to the administrator of the division. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the division that continued assistance is denied.
6. All financial assistance provided under this section ceases immediately when the child attains majority, becomes self-supporting, is emancipated or dies, whichever occurs first.
7. Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption.
8. A court shall waive all court costs of the proposed adoptive parents in an adoption proceeding for a child with special needs if the division or child-placing agency consents to the adoption of such a child pursuant to this section.
Sec. 9. The amendatory provisions of this act do not apply to a petition for adoption filed before October 1, 2001.
________
κ2001 Statutes of Nevada, Page 688κ
Assembly Bill No. 538Committee on Government Affairs
CHAPTER 129
AN ACT relating to metropolitan police departments; authorizing a sheriff to adopt certain policies, procedures, rules and regulations for the administration of a metropolitan police department; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 280 of NRS is hereby amended by adding thereto a new section to read as follows:
The sheriff of the county in which a department is located may adopt such policies, procedures, rules and regulations for the administration of the department and the employees of the department as he deems appropriate without obtaining the approval of the board or the committee. Such policies, procedures, rules and regulations must not conflict with the regulations prepared by the board and adopted by the committee pursuant to subsection 4 of NRS 280.310.
Sec. 2. NRS 280.310 is hereby amended to read as follows:
280.310 1. Each department shall have a system of civil service, applicable to and governing all employees of the department except elected officers and such other positions as designated by the committee.
2. The system of civil service must be governed by a board composed of five civil service trustees appointed by the committee. Upon creation of the board, the committee shall appoint one trustee for a term of 2 years, two trustees for terms of 3 years and two trustees for terms of 4 years. Thereafter the terms of all trustees are 4 years.
3. The members of the board may administer any oath or affirmation necessary in discharging its duties. The board may issue subpoenas in the discharge of its duties in the same manner as a subpoena is issued in a civil action.
4. The board shall prepare regulations governing the system of civil service to be adopted by the committee. The regulations must provide for:
(a) Examination of potential employees;
(b) Recruitment and placement procedures;
(c) Classification of positions; and
(d) Procedures for promotion, disciplinary actions and removal of employees . [; and
(e) Such other matters as the board may consider necessary.]
5. Copies of the regulations of the system of civil service must be distributed to all employees of the department.
6. The sheriff shall designate a personnel officer to administer the personnel functions of the department according to the policies and regulations of the board . [, including, but not limited to, the items enumerated in subsection 4.]
κ2001 Statutes of Nevada, Page 689 (CHAPTER 129, AB 538)κ
7. In any hearing or other proceeding conducted by the board, an employee of the department, may represent himself or be represented by any person of the employees own choosing.
Sec. 3. This act becomes effective on July 1, 2001.
________
Assembly Bill No. 542Committee on Government Affairs
CHAPTER 130
AN ACT relating to state purchasing; requiring the state board of examiners to establish, by regulation, the original cost of certain personal property of the state; creating the surplus property administration account in the state purchasing fund; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 333.220 is hereby amended to read as follows:
333.220 1. The chief shall:
(a) Provide for classification of the personal property of the state in the possession of the using agencies.
(b) Establish a process for identification of all such property.
(c) Maintain records of [such] that property.
(d) Except as otherwise provided in this paragraph, determine which items of [such] that property must be listed by each using agency pursuant to subsection 4. Any item which had an original cost of [$500 or more] not less than the amount established by regulation of the state board of examiners and which has a useful life of more than 2 years must be included on the list.
2. Each using agency shall submit to the purchasing division a list on or before the last day of each month of all personal property for which it is responsible which was lost, stolen, exchanged or deemed excess. The list must include all forfeited personal property which was received by the using agency and all personal property which was donated to the using agency within the previous month. The list must be prepared by the officer entrusted with custody of the property and be approved by the officers supervisor or the head of his department or agency. A monthly physical count is not required for the preparation of the list.
3. The chief may transfer any personal property or forfeited personal property in the possession of a using agency to another governmental agency within the state or to an entity that is eligible to acquire federal donable surplus property, if that property is not necessary for the use of the using agency.
4. The records of personal property of the state must be maintained at all times to show the officers entrusted with the custody thereof and transfers of [such] that property between those officers. Each using agency shall conduct an annual physical count of all personal property charged to it and reconcile the results of the annual physical count with the records of inventory maintained by the chief. The chief shall maintain the current records of inventory for each state agency.
5. The chief shall adopt regulations which:
κ2001 Statutes of Nevada, Page 690 (CHAPTER 130, AB 542)κ
(a) Prescribe the procedure by which personal property may be condemned and disposed of, if of no further use to the state.
(b) Provide that condemned property which the chief has not transferred to another governmental agency or entity that is eligible to acquire federal donable surplus property and which has an appraised value over $1,000 may be sold at a public auction. At least once within 15 days before the auction, the chief shall publish or cause to be published in a newspaper circulated in the area in which the sale is made a notice of the auction and a description of the property to be sold.
6. For the purposes of sale, the chief or his designated agent shall determine the value of personal property which is of no further use to the state. The chief may request the assistance of any department or officer having technical expertise regarding any such property to determine the value of the property.
7. The chief may elect to refurbish, in whole or in part, personal property which is of no further use to the state if the chief determines that refurbishment will increase the value of the property in an amount that exceeds the cost of the refurbishment. The purchasing division is entitled to reimbursement for the cost of refurbishment from the proceeds of the sale of the property.
Sec. 2. NRS 333.300 is hereby amended to read as follows:
333.300 1. Except as otherwise provided in NRS 333.375, the chief shall give reasonable notice, by advertising and by written notice [mailed] provided to persons [, firms or corporations] in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.
2. All such materials, supplies and equipment, except as otherwise provided in this section, [when] if the estimated cost thereof exceeds $25,000, must be purchased by formal contract from the lowest responsible bidder after [due] notice inviting the submission of sealed proposals to the chief of the purchasing division at the date, hour and location set forth in the proposal, and at that date, hour and location the proposals must be publicly opened. The purchasing division may reject any or all proposals, or may accept the proposal determined best for the interest of the state. The notice must be published as [outlined] prescribed in NRS 333.310.
3. In case of emergencies caused by acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the chief, but every effort must be made to secure the maximum competitive bidding under the circumstances. In no case may contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.
4. In awarding contracts for the purchase of supplies, materials and equipment, [whenever] if two or more lowest bids are identical, the chief shall:
(a) If the lowest bids are by bidders resident in the State of Nevada, accept the proposal which, in his discretion, is in the best interests of this state.
(b) If the lowest bids are by bidders resident outside the State of Nevada:
(1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this state; or
κ2001 Statutes of Nevada, Page 691 (CHAPTER 130, AB 542)κ
(2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in the State of Nevada.
Sec. 3. NRS 333.490 is hereby amended to read as follows:
333.490 1. The chief shall secure, warehouse and distribute throughout the state federal donable surplus property to tax-supported or nonprofit schools and other health and educational institutions, to organizations for emergency management, to volunteer fire departments, and to such other institutions or activities as are eligible pursuant to federal law to acquire such property. The chief may make such certifications, develop and sign such plans of operation, take such action and enter into such contracts and undertakings for and in the name of the state as are authorized or required by federal law or regulations in connection with the receipt, warehousing and distribution of federal donable surplus property received by him. [He] The chief may adopt regulations, prescribe requirements [,] and take the necessary action to [assure] ensure maximum utilization by and benefit to eligible institutions and organizations from the federal donable surplus property. [He] The chief shall charge the schools and institutions receiving donable surplus property secured through the purchasing division, the charge to be a percentage of the cost of acquisition or of the fair value of the item requested that is sufficient to repay part or all of the cost of transportation and other costs incurred in acquisition of the property.
2. All money received by the chief pursuant to this section must be deposited in the state treasury for credit to the surplus property administration account, which is hereby created in the state [general] purchasing fund. The interest and income earned on the money in the account must be credited to the account. All expenses for the distribution of federal surplus property must be paid from the account as other claims against the state are paid.
3. The chief may discontinue temporarily or terminate entirely the operation of purchasing and distributing donable surplus property at any time [when] if there is not a sufficient flow of property to make continued employment of personnel for this purpose beneficial to the state.
Sec. 4. On July 1, 2001, or as soon thereafter as is practicable, the state controller shall transfer the balance in the surplus property administration account in the state general fund to the surplus property administration account in the state purchasing fund.
Sec. 5. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 692κ
Assembly Bill No. 549Committee on Government Affairs
CHAPTER 131
AN ACT relating to water systems; increasing the amount of general obligation bonds that the state board of finance may issue to provide grants to publicly owned water systems for capital improvements; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 349.986 is hereby amended to read as follows:
349.986 The state board of finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than [$50,000,000] $69,000,000 to support the purposes of the program. The net proceeds from the sale of the bonds must be deposited in the fund. The bonds must be redeemed through the consolidated bond interest and redemption fund.
Sec. 2. This act becomes effective on July 1, 2001.
________
Assembly Bill No. 586Committee on Judiciary
CHAPTER 132
AN ACT relating to victims of crime; authorizing a victim of a sexual assault to obtain a fictitious address from the secretary of state; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.400 is hereby amended to read as follows:
217.400 As used in NRS 217.400 to 217.475, inclusive, unless the context otherwise requires:
1. Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
2. Division means the division of child and family services of the department of human resources.
3. Domestic violence means:
(a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.
(b) Any of the following acts committed by a person against a family or household member, a person with whom he had or is having a dating relationship or with whom he has a child in common, or upon his minor child or a minor child of that person:
(1) A battery.
κ2001 Statutes of Nevada, Page 693 (CHAPTER 132, AB 586)κ
(2) An assault.
(3) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, without limitation:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon without a permit.
(6) False imprisonment.
(7) Unlawful entry of the others residence, or forcible entry against the others will if there is a reasonably foreseeable risk of harm to the other from the entry.
4. Family or household member means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.
5. Participant means an adult, child or incompetent person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.
6. Victim of domestic violence includes the dependent children of the victim.
7. Victim of sexual assault means a person who has been sexually assaulted as defined in NRS 200.366 or a person upon whom a sexual assault has been attempted.
Sec. 2. NRS 217.410 is hereby amended to read as follows:
217.410 In a county whose population is 400,000 or more, the administrator of the division shall allocate 15 percent of all money granted to organizations in the county from the account for aid for victims of domestic violence to an organization in the county which has been specifically created to assist victims of [rape.] sexual assault. The administrator of the division has the final authority in determining whether an organization may receive money pursuant to this [subsection.] section. Any organization which receives money pursuant to this [subsection] section shall furnish reports to the administrator of the division as required by NRS 217.460. To be eligible for this money, the organization must receive at least 15 percent of its money from sources other than the Federal Government, the state, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with this requirement.
Sec. 3. NRS 217.462 is hereby amended to read as follows:
217.462 1. An adult person, a parent or guardian acting on behalf of a child, or a guardian acting on behalf of an incompetent person may apply to the secretary of state to have a fictitious address designated by the secretary of state serve as the address of the adult, child or incompetent person.
2. An application for the issuance of a fictitious address must include:
κ2001 Statutes of Nevada, Page 694 (CHAPTER 132, AB 586)κ
(a) Specific evidence showing that the adult, child or incompetent person has been a victim of domestic violence or sexual assault before the filing of the application;
(b) The address that is requested to be kept confidential;
(c) A telephone number at which the secretary of state may contact the applicant;
(d) A question asking whether the person wishes to:
(1) Register to vote; or
(2) Change the address of his current registration;
(e) A designation of the secretary of state as agent for the adult, child or incompetent person for the purposes of:
(1) Service of process; and
(2) Receipt of mail;
(f) The signature of the applicant;
(g) The date on which the applicant signed the application; and
(h) Any other information required by the secretary of state.
3. It is unlawful for a person knowingly to attest falsely or provide incorrect information in the application. A person who violates this subsection is guilty of a misdemeanor.
4. The secretary of state shall approve an application if it is accompanied by specific evidence, such as a copy of an applicable record of conviction, a temporary restraining order or other protective order, that the adult, child or incompetent person has been a victim of domestic violence or sexual assault before the filing of the application.
5. The secretary of state shall approve or disapprove an application for a fictitious address within 5 business days after the application is filed.
Sec. 4. NRS 217.464 is hereby amended to read as follows:
217.464 1. If the secretary of state approves an application, he shall:
(a) Designate a fictitious address for the participant; and
(b) Forward mail that he receives for a participant to the participant.
2. The secretary of state shall not make any records containing the name, confidential address or fictitious address of a participant available for inspection or copying, unless:
(a) The address is requested by a law enforcement agency, in which case the secretary of state shall make the address available to the law enforcement agency; or
(b) He is directed to do so by lawful order of a court of competent jurisdiction, in which case the secretary of state shall make the address available to the person identified in the order.
Sec. 5. NRS 217.468 is hereby amended to read as follows:
217.468 1. Except as otherwise provided in subsections 2 and 3, the secretary of state shall cancel the fictitious address of a participant 4 years after the date on which the secretary of state approved the application.
2. The secretary of state shall not cancel the fictitious address of a participant if, before the fictitious address of the participant is canceled, the participant shows to the satisfaction of the secretary of state that the participant remains in imminent danger of becoming a victim of domestic violence [.] or sexual assault.
3. The secretary of state may cancel the fictitious address of a participant at any time if:
κ2001 Statutes of Nevada, Page 695 (CHAPTER 132, AB 586)κ
(a) The participant changes his confidential address from the one listed in the application and fails to notify the secretary of state within 48 hours after the change of address; or
(b) The secretary of state determines that false or incorrect information was knowingly provided in the application.
Sec. 6. NRS 293.5002 is hereby amended to read as follows:
293.5002 1. The secretary of state shall establish procedures to allow a person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, to:
(a) Register to vote; and
(b) Vote by absent ballot,
without revealing the confidential address of the person.
2. In addition to establishing appropriate procedures or developing forms pursuant to subsection 1, the secretary of state shall develop a form to allow a person for whom a fictitious address has been issued to register to vote or to change the address of his current registration. The form must include:
(a) A section that contains the confidential address of the person; and
(b) A section that contains the fictitious address of the person.
3. Upon receiving a completed form from a person for whom a fictitious address has been issued, the secretary of state shall:
(a) On the portion of the form that contains the fictitious address of the person, indicate the county and precinct in which the person will vote and forward this portion of the form to the appropriate county clerk; and
(b) File the portion of the form that contains the confidential address.
4. Notwithstanding any other provision of law, any request received by the secretary of state pursuant to subsection 3 shall be deemed a request for a permanent absent ballot.
5. Notwithstanding any other provision of law [, the] :
(a) The secretary of state and each county clerk [:
(a) Shall] shall keep the portion of the form developed pursuant to subsection 2 that he retains separate from other applications for registration . [; and
(b) Shall]
(b) The county clerk shall not make the name, confidential address or fictitious address of the person who has been issued a fictitious address available for:
(1) Inspection or copying; or
(2) Inclusion in any list that is made available for public inspection,
unless he is directed to do so by lawful order of a court of competent jurisdiction.
Sec. 7. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 8. This act becomes effective upon passage and approval.
________
κ2001 Statutes of Nevada, Page 696κ
Assembly Bill No. 631Committee on Natural Resources, Agriculture, and Mining
CHAPTER 133
AN ACT relating to agriculture; expanding the purposes for which the state quarantine officer may proclaim a quarantine of agricultural commodities; expanding the circumstances under which the state department of agriculture may require certain owners or occupants to control, treat or eradicate certain diseases, insects, plants, weeds or other pests; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 554 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Agricultural commodity means any bee, agricultural or horticultural crop, seed, plant, tree or shrub, or any manufactured product thereof, or other product of the soil, or any article except livestock.
Sec. 3. Exportation means the transportation of any agricultural commodity by any railroad, express company or other common carrier, or by any person as baggage or by vehicle or automobile, or the permitting to run at large of the agricultural commodity.
Sec. 4. Farm includes any farm, stock range, stockyard, dairy, lot and other premises not otherwise enumerated.
Sec. 5. Importation means the transportation or movement of any agricultural commodity into this state by any railroad, express company, truckline or other common carrier, or by any person by vehicle, automobile or otherwise.
Sec. 6. Noxious weed has the meaning ascribed to it in NRS 555.005.
Sec. 7. Vertebrate pest has the meaning ascribed to it in NRS 555.005.
Sec. 8. NRS 554.010 is hereby amended to read as follows:
554.010 As used in [NRS 554.010 to 554. 090, inclusive :
1. Agricultural commodity includes any and all bees, agricultural or horticultural crops, seeds, plants, trees or shrubs, or any manufactured product thereof, or other products of the soil, or any article excepting livestock.
2. Importation shall be construed to mean and include the transportation or movement of any agricultural commodity by any railroad, express company, truckline or other common carrier, or by any person or persons, by vehicle, automobile or otherwise, into this state.] this chapter, unless the context otherwise requires, the words and terms defined in sections 2 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 9. NRS 554.020 is hereby amended to read as follows:
554.020 1. The state quarantine officer may proclaim and enforce a quarantine against any state, territory or district, or any portion of any state, territory or district, [with respect] relating to the importation into or transportation through [the State of Nevada] this state of any agricultural commodity, burlap, [containers] container or other packing material [which may be infected] that:
κ2001 Statutes of Nevada, Page 697 (CHAPTER 133, AB 631)κ
commodity, burlap, [containers] container or other packing material [which may be infected] that:
(a) Is infected with, or which may have been exposed to infection with, any contagious or destructive disease, or [be] infested with or exposed to infestation with [parasites, weed seeds or propagating parts of plants or insect pests,] a parasite, noxious weed, weed seed, propagating part of a plant or vertebrate or invertebrate pest, or the eggs or larvae thereof [,] ; and
(b) Is dangerous to [any] :
(1) The public health or quality of any water in this state; or
(2) Any wildlife, beneficial use of land in or industry of this state.
2. [No quarantine shall] A quarantine must not be issued [under] pursuant to the provisions of NRS 554.010 to 554.090, inclusive, [which] if the issuance of the quarantine will conflict with the provisions of the Constitution of the United States or any Act of the Congress of the United States.
3. The quarantine [shall remain] remains effective until vacated by an order of the state quarantine officer.
Sec. 10. NRS 554.060 is hereby amended to read as follows:
554.060 1. Any agricultural commodity imported into or being transported through this state in violation of any quarantine issued [under] pursuant to the provisions of NRS 554.010 to 554.090, inclusive, [shall] must be immediately seized by the state quarantine officer or his authorized representative and treated in a manner approved by the state quarantine officer, or destroyed or sent out of the state within 48 hours, at the option and expense of the owner [or owners] thereof.
2. [When the movement of any] If an agricultural commodity is seized by the state quarantine officer [, as provided in] pursuant to the provisions of subsection 1 [, to some point without] and the movement of the agricultural commodity to a point outside of the state would further endanger [any] :
(a) The public health or quality of any water in this state; or
(b) Any wildlife, beneficial use of land in or industry of this state,
the agricultural commodity [so] seized by the state quarantine officer [shall] must be destroyed as provided in subsection 1.
Sec. 11. NRS 554.110 is hereby amended to read as follows:
554.110 The state quarantine officer [is authorized and empowered to] may proclaim and enforce a quarantine against any county or portion of any county, farm, nursery or apiary within this state, [with respect] relating to the exportation [therefrom] from the county, farm, nursery or apiary to any other [part] portion of the state, of any agricultural commodity [infected] that:
1. Is infected with, or which may have been exposed to, an infectious, contagious or destructive [diseases,] disease or infested with [parasites or insect pests,] a parasite, noxious weed, weed seed, propagating part of a plant or vertebrate or invertebrate pest, or the eggs or larvae thereof [,] ; and
2. Is dangerous to [any industry in the] :
(a) The public health or quality of any water in this state; or
(b) Any wildlife, beneficial use of land in or industry of this state.
κ2001 Statutes of Nevada, Page 698 (CHAPTER 133, AB 631)κ
Sec. 12. NRS 554.120 is hereby amended to read as follows:
554.120 1. [Whenever it shall appear] If it appears to the state quarantine officer that [any industry in the] :
(a) The public health or quality of any water in this state; or
(b) Any wildlife, beneficial use of land in or industry of this state ,
is endangered by exportations of any agricultural commodity to any portion of the state from any county, portion of any county, farm, nursery or apiary within the state, [to other parts of the state, of any commodity,] he shall [at once] immediately take steps to ascertain the facts thereof.
2. If in the opinion of the state quarantine officer the facts so warrant, he shall by proclamation declare [such] that county, or portion of [such] that county, farm, nursery or apiary quarantined from exportations of any such agricultural commodity to any other [parts] portion of the state.
3. The quarantine [shall remain] remains effective until vacated by an order of the state quarantine officer.
Sec. 13. NRS 554.140 is hereby amended to read as follows:
554.140 1. The state quarantine officer [shall be] is responsible for carrying out the provisions of NRS [554.100] 554.110 to 554.240, inclusive.
2. The sheriff and all peace officers of any county, [when] if called upon by the state quarantine officer, shall aid and assist him in the enforcement of a quarantine and in the arrest of any person accused of violating the [same.] quarantine. The district attorney of any county in which any person is charged with a misdemeanor [under NRS 554.100] pursuant to the provisions of NRS 554.110 to 554.240, inclusive, shall prosecute the [same.] misdemeanor.
Sec. 14. NRS 554.160 is hereby amended to read as follows:
554.160 1. The state quarantine officer [is empowered:
(a) To exercise] may:
(a) Exercise all necessary authority required for the proper and efficient enforcement of a quarantine.
(b) [To make] Make arrests of persons violating a quarantine, or suspected of such a violation.
(c) [To examine] Examine any premises or any shipment or consignment suspected of containing a quarantined agricultural commodity within the meaning of NRS [554.100] 554.110 to 554.240, inclusive, and may open any container thereof and inspect the [same.] the contents of the container.
2. If such a shipment or consignment proves to be a quarantined agricultural commodity, the state quarantine officer [shall have power to] may require any railroad, express company or other common carrier immediately to reship [such] the consignment back to the point of origin, if the [same] consignment has not yet been delivered to the consignee. The failure or refusal of any railroad company, express company or other common carrier promptly [so] to do [shall render] so renders the company or carrier so offending liable [to] for a fine of not more than $5,000, which fine may be collected by proceedings instituted by the state and prosecuted by the attorney general in any court of competent jurisdiction. Any property of the defendant within the state may be levied on and sold in satisfaction of the judgment.
κ2001 Statutes of Nevada, Page 699 (CHAPTER 133, AB 631)κ
Sec. 15. NRS 554.170 is hereby amended to read as follows:
554.170 If, in the opinion of the state quarantine officer, any agricultural commodity forbidden to be exported by any proclamation of a quarantine is endangering [any] :
1. The public health or quality of any water in this state; or
2. Any wildlife, beneficial use of land in or industry of [the state, it] this state,
the agricultural commodity may be fumigated, disinfected, treated or destroyed by the state quarantine officer.
Sec. 16. NRS 554.230 is hereby amended to read as follows:
554.230 In any criminal proceeding arising under NRS [554.100] 554.110 to 554.240, inclusive, proof that any agricultural commodity, forbidden by a proclamation of a quarantine from export, was exported in violation of the quarantine shall be deemed proof, within the meaning of NRS [554.100] 554.110 to 554.240, inclusive, that the [same] agricultural commodity was diseased, exposed to disease or infested.
Sec. 17. NRS 555.100 is hereby amended to read as follows:
555.100 1. The department shall, [whenever] if necessary or [whenever] if a complaint is made to the department, cause an inspection to be [made] conducted of any premises [within the jurisdiction of the department,] , land, means of conveyance or article of any person in this state, and if found infested with an infectious [diseases, insects, weeds or other pests] disease, insect, plant, weed, or other pest that is injurious to :
(a) The public health or quality of any water in this state; or
(b) Any wildlife, beneficial use of land or agriculture [,] in this state,
the department may [, in writing, notify] provide a written notice of its findings to the owner or occupant of the premises [that the premises are infested or infected with those diseases, insects, weeds or other pests. The department may require the owner or occupant] , land, means of conveyance or article and require him to control , treat or eradicate [those diseases, insects, weeds] the disease, insect, weed or other [pests within a certain period to be] pest in the manner and within the period specified in the notice.
2. [Notices may] A notice issued pursuant to the provisions of subsection 1:
(a) May be served upon the owner or occupant by an officer or employee of the department [, and must] ; and
(b) Must be served in writing, by certified mail or personally, with receipt given therefor.
Sec. 18. NRS 554.100 is hereby repealed.
Sec. 19. This act becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 700κ
Assembly Bill No. 646Committee on Transportation
CHAPTER 134
AN ACT relating to motor vehicles; revising the provisions authorizing certain inspection stations and authorized inspection stations to renew certificates of registration; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.281 is hereby amended to read as follows:
482.281 1. The department [shall establish a pilot program to] may allow an authorized inspection station or authorized station [, as defined in NRS 445B.710 and 445B.720, respectively,] to renew certificates of registration for motor vehicles.
2. The department shall [choose the authorized inspection stations and authorized stations which may participate in the program. The department shall not choose] not issue a license to an authorized inspection station or authorized station [for the program] to renew certificates of registration if that station has committed any of the violations set forth in NRS 445B.790.
3. An authorized inspection station or authorized station shall not renew a certificate of registration for a motor vehicle unless the station has issued a certificate of emissions compliance for that vehicle.
4. The department shall establish bonding and surety requirements for an authorized inspection station or authorized station that [elects to participate in the program.] is authorized to renew certificates of registration. Each such station shall obtain the equipment necessary for the operation of the station, as determined by the department, and [shall] pay the costs of any audit required by the department.
5. The department shall adopt regulations necessary to carry out the provisions of this section. The regulations must include, without limitation:
(a) The requirements for licensing an authorized inspection station or authorized station to renew certificates of registration; and
(b) The compensation an authorized inspection station or authorized station is entitled to receive for the renewal of a certificate of registration.
6. As used in this section:
(a) Authorized inspection station has the meaning ascribed to it in NRS 445B.710.
(b) Authorized station has the meaning ascribed to it in NRS 445B.720.
Sec. 2. This act becomes effective on July 1, 2001, for the purpose of adopting regulations and on January 1, 2002, for all other purposes.
________
κ2001 Statutes of Nevada, Page 701κ
Assembly Bill No. 663Assemblyman Dini
Joint Sponsor: Senator Amodei
CHAPTER 135
AN ACT relating to cities; clarifying the authority of the first elected city council and mayor to enact and sign ordinances, respectively, to fix their own salaries and those of other officers before the incorporation of the city becomes effective; providing for the continued existence of the North Lyon County Fire Protection District following the incorporation of the City of Fernley; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 266.041 is hereby amended to read as follows:
266.041 Before the incorporation of the city becomes effective, the elected officers of the city may:
1. Prepare and adopt a budget;
2. Adopt ordinances [;] , including an ordinance fixing the salaries of the officers first elected or appointed for the city, including those officers who enact and sign the ordinance;
3. Levy a tax ad valorem on property within the area of the city, at the time and in the amount prescribed by law for cities, for the fiscal year beginning on the date the incorporation of the city becomes effective;
4. Negotiate an equitable apportionment of the fixed assets of the county pursuant to NRS 266.044;
5. Negotiate contracts for the employment of personnel;
6. Negotiate contracts to provide services for the city, including those services provided for by chapter 277 of NRS; and
7. Negotiate contracts for the purchase of equipment, materials and supplies.
Sec. 2. NRS 266.450 is hereby amended to read as follows:
266.450 All officers of any city [shall] are entitled to receive such compensation as may be fixed by ordinance, but , except as otherwise provided in NRS 266.041, the compensation of any such officers [shall] may not be increased or diminished to take effect during the time for which the officer was elected or appointed.
Sec. 3. 1. The legislature hereby finds and declares that a general law cannot be made applicable for the provisions of subsection 2 because of the economic and geographic diversity of the local governments of this state, the unusual growth patterns in certain of those local governments and the special conditions experienced in certain counties related to the need to provide basic services.
2. Notwithstanding the provisions of subsection 2 of NRS 266.043, the North Lyon County Fire Protection District may continue to exist on and after the date on which the incorporation of the City of Fernley becomes effective and the boundaries that district may continue to include territory incorporated into the new City of Fernley.
κ2001 Statutes of Nevada, Page 702 (CHAPTER 135, AB 663)κ
after the date on which the incorporation of the City of Fernley becomes effective and the boundaries that district may continue to include territory incorporated into the new City of Fernley.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 179Committee on Judiciary
CHAPTER 136
AN ACT relating to evidence; providing that the statement of a child regarding physical abuse is admissible in a criminal proceeding under certain circumstances; identifying certain factors to be considered by the court in determining the trustworthiness of certain statements made by a child; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 51.385 is hereby amended to read as follows:
51.385 1. In addition to any other provision for admissibility made by statute or rule of court, a statement made by a child under the age of 10 years describing any act of sexual conduct performed with or on the child or any act of physical abuse of the child is admissible in a criminal proceeding regarding that act of sexual conduct or physical abuse if [the:
(a) Court] :
(a) The court finds, in a hearing out of the presence of the jury, that the time, content and circumstances of the statement provide sufficient circumstantial guarantees of trustworthiness; and
(b) [Child either] The child testifies at the proceeding or is unavailable or unable to testify.
2. In determining the trustworthiness of a statement, the court shall consider, without limitation, whether:
(a) The statement was spontaneous;
(b) The child was subjected to repetitive questioning;
(c) The child had a motive to fabricate;
(d) The child used terminology unexpected of a child of similar age; and
(e) The child was in a stable mental state.
3. If the child is unavailable or unable to testify, written notice must be given to the defendant at least 10 days before the trial of the prosecutions intention to offer the statement in evidence.
________
κ2001 Statutes of Nevada, Page 703κ
Senate Bill No. 183Committee on Judiciary
CHAPTER 137
AN ACT relating to crimes; revising the provisions governing sexual conduct between pupils and persons who are in positions of authority at schools; providing penalties; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.368 is hereby amended to read as follows:
200.368 [A] Except under circumstances where a greater penalty is provided in NRS 201.540, a person who commits statutory sexual seduction shall be punished:
1. If he is 21 years of age or older, for a category C felony as provided in NRS 193.130.
2. If he is under the age of 21 years, for a gross misdemeanor.
Sec. 2. NRS 201.540 is hereby amended to read as follows:
201.540 1. Except as otherwise provided in subsection [3,] 4, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a public school or private school [;] or volunteering in a position of authority at a public or private school; and
(c) Engages in sexual conduct with a pupil who is 16 or 17 years of age and who is enrolled in or attending the public school or private school at which the person is employed [,] or volunteering,
is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. Except as otherwise provided in subsection 4, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a public school or private school or volunteering in a position of authority at a public or private school; and
(c) Engages in sexual conduct with a pupil who is 14 or 15 years of age and who is enrolled in or attending the public school or private school at which the person is employed or volunteering,
is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
3. For the purposes of [subsection 1,] subsections 1 and 2, a person shall be deemed to be employed in a position of authority by a public school or private school or deemed to be volunteering in a position of authority at a public or private school if the person is employed or volunteering as:
(a) A teacher or instructor;
(b) An administrator;
(c) A head or assistant coach; or
κ2001 Statutes of Nevada, Page 704 (CHAPTER 137, SB 183)κ
(d) A teachers aide or an auxiliary, nonprofessional employee who assists licensed personnel in the instruction or supervision of pupils pursuant to NRS 391.100.
[3.] 4. The provisions of this section do not apply to a person who is married to the pupil.
Sec. 3. The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.
Sec. 4. This act becomes effective on July 1, 2001.
________
Senate Bill No. 324Senators Titus, Wiener, Care, Schneider, Neal, Coffin and Carlton
CHAPTER 138
AN ACT relating to visually impaired persons; requiring that toilet facilities in public buildings, certain leased areas and places of public accommodation be identified with signs which must be placed in certain locations, contain certain information and conform to certain standards; requiring the attorney general to enforce such requirements; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.180 is hereby amended to read as follows:
338.180 1. The legislature of the State of Nevada declares that:
(a) The primary purpose of this section is to provide, subject to the limitations set forth in this section, for the removal and elimination of architectural barriers to the physically handicapped in public buildings and facilities designed after July 1, 1973, in order to encourage and facilitate the employment of the physically handicapped and to make public buildings accessible to and usable by the physically handicapped; and
(b) It is the intent of the legislature that insofar as possible all buildings and facilities used by the public be accessible to, and functional for, the physically handicapped, without loss of function, space or facility where the general public is concerned.
2. All plans and specifications for the construction of public buildings and facilities owned by the State of Nevada or by a political subdivision thereof must, after July 1, 1973, provide facilities and features for the physically handicapped so that buildings which are normally used by the public are constructed with entrance ramps, toilet facilities, drinking fountains, doors and public telephones accessible to and usable by the physically handicapped. In addition, all plans and specifications for the construction or alteration of public buildings and facilities owned by the State of Nevada or a political subdivision thereof must comply with the applicable requirements of the:
(a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations;
κ2001 Statutes of Nevada, Page 705 (CHAPTER 138, SB 324)κ
(b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq.; and
(c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted pursuant thereto.
The requirements of paragraph (a) of this subsection are not satisfied if the plans and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
3. The State of Nevada and each political subdivision thereof shall, in the design, construction and alteration of public buildings and facilities comply with the applicable requirements of the:
(a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations;
(b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq.; and
(c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted pursuant thereto.
The requirements of paragraph (a) of this subsection are not satisfied if the State of Nevada or a political subdivision thereof complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
4. In each public building and facility owned by this state or a political subdivision of this state, each entrance to a corridor which leads to a toilet facility must be marked with a sign which:
(a) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and
(b) Uses symbols, raised letters and Braille to:
(1) Identify the toilet facility and the gender of persons who may use the toilet facility; and
(2) If the toilet facility is for the exclusive use of persons of one gender:
(I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and
(II) Provide direction to a toilet facility that may be used by persons of the other gender.
5. The state public works board shall verify that all public buildings and facilities owned by the State of Nevada conform with the requirements of this section. Each political subdivision shall verify that all public buildings and facilities owned by the political subdivision conform with the requirements of this section.
6. A person may report a violation of this section to the attorney general.
7. Upon receiving a report pursuant to subsection 6, the attorney general shall notify the public body responsible for the alleged violation. Not later than 30 days after receiving such a notification, the public body shall:
κ2001 Statutes of Nevada, Page 706 (CHAPTER 138, SB 324)κ
(a) Present evidence to the attorney general that it is in compliance with this section; or
(b) Begin any action necessary to comply with the requirements of this section and notify the attorney general of the date on which it will be in compliance with those requirements.
8. If the public body responsible for the alleged violation fails to comply with this section, the attorney general shall take such action as is necessary to ensure compliance with this section, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.
Sec. 2. NRS 444.048 is hereby amended to read as follows:
444.048 1. Except as otherwise provided in this section, each area that is leased by or on behalf of a public body and is used primarily to provide a service to the public must have at least one toilet facility which is accessible to a person with a disability within the leased area or, if the leased area is a part of a complex of leased areas, within the common area of the complex. The toilet facility must [be] :
(a) Be available for use by members of the public. [To satisfy the requirements of this section, the toilet facility must comply]
(b) Comply with the regulations regarding accessibility of a toilet facility promulgated pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(c) If a corridor leads to the toilet facility, be marked at the entrance to the corridor with a sign which:
(1) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and
(2) Uses symbols, raised letters and Braille to:
(I) Identify the toilet facility and the gender of persons who may use the toilet facility; and
(II) Indicate whether the toilet facility is for the exclusive use of persons of one gender and, if applicable, provide direction to a toilet facility that may be used by persons of the other gender.
2. The provisions of subsection 1 do not apply to a leased area within a state park for which toilet facilities are otherwise accessible to members of the public.
3. A contract to lease an area that does not satisfy the requirements of subsection 1 which is entered into on or after October 1, 1997, is void and unenforceable.
Sec. 3. Chapter 447 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each owner, lessor, lessee or operator of a public accommodation shall mark each entrance to a corridor in the public accommodation which leads to a toilet facility with a sign which:
(a) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and
(b) Uses symbols, raised letters and Braille to:
(1) Identify the toilet facility and the gender of persons who may use the toilet facility; and
κ2001 Statutes of Nevada, Page 707 (CHAPTER 138, SB 324)κ
(2) If the toilet facility is for the exclusive use of persons of one gender:
(I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and
(II) Provide direction to a toilet facility that may be used by persons of the other gender.
2. A person may report a violation of subsection 1 to the attorney general.
3. Upon receiving a report pursuant to subsection 2, the attorney general shall notify the owner, lessor, lessee or operator of the public accommodation of the alleged violation. Not later than 30 days after receiving such a notification, the owner, lessor, lessee or operator of the public accommodation shall:
(a) Present evidence to the attorney general that the public accommodation is in compliance with subsection 1; or
(b) Begin any action necessary to comply with the requirements of subsection 1 and notify the attorney general of the date on which the public accommodation will be in compliance with those requirements.
4. If the owner, lessor, lessee or operator of the public accommodation fails to comply with subsection 1, the attorney general shall take such action as is necessary to ensure compliance with subsection 1, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.
5. As used in this section, public accommodation has the meaning ascribed to it in 42 U.S.C. § 12181.
Sec. 4. NRS 447.210 is hereby amended to read as follows:
447.210 1. Every proprietor, owner, manager, lessee or other person in charge of any hotel in this state [, who shall fail] who fails to comply with [this chapter] the provisions of NRS 447.003 to 447.200, inclusive, or any of the provisions of the regulations hereby established whether through the acts of himself, his agent or employees [, shall be] is guilty of a misdemeanor.
2. Every day that any hotel [shall be kept] is in violation of any of the provisions of this chapter [, such keeping shall constitute] constitutes a separate offense.
Sec. 5. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 6. This act becomes effective on January 1, 2002.
________
κ2001 Statutes of Nevada, Page 708κ
Senate Bill No. 503Committee on Finance
CHAPTER 139
AN ACT relating to the department of motor vehicles and public safety; expanding the methods of payment for which a service charge is assessed by the department if payment for certain fees is dishonored; increasing that service charge; and providing other matters properly relating thereto.
[Approved: May 22, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.079 is hereby amended to read as follows:
481.079 1. Except as otherwise provided by specific statute, all taxes, license fees and money collected pursuant to NRS 481.0475 must be deposited with the state treasurer to the credit of the motor vehicle fund.
2. If [any] a check or any other method of payment accepted by the department in payment of fees pursuant to NRS 481.0475 is dishonored upon presentation for payment:
(a) The drawer or any other person responsible for payment of the fee is subject to a service charge of [$10,] $25, in addition to any other penalties provided by law; and
(b) The department may require that future payments from the person be made by cashiers check, money order, travelers check or cash.
3. The department may adjust the amount of a deposit made with the state treasurer to the credit of the motor vehicle fund for any cash shortage or overage resulting from the collection of fees.
Sec. 2. This act becomes effective on July 1, 2001.
________
Senate Bill No. 474Committee on Judiciary
CHAPTER 140
[Approved: May 22, 2001]
AN ACT relating to commercial transactions; revising the provisions of the Uniform Commercial Code governing secured transactions; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 104 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In this section, pre-effective-date financing statement means a financing statement filed before July 1, 2001.
2. A person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement pursuant to the law of the jurisdiction governing perfection as provided in part 3. The effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
κ2001 Statutes of Nevada, Page 709 (CHAPTER 140, SB 474)κ
effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
3. Except as otherwise provided in subsection 4, if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended on or after July 1, 2001, if:
(a) The pre-effective-date financing statement and an amendment are filed in the office specified in NRS 104.9501;
(b) An amendment is filed in the office specified in NRS 104.9501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies the requirements of subsection 3 of NRS 104.9706; or
(c) An initial financing statement that provides the information as amended and satisfies the requirements of subsection 3 of NRS 104.9706 is filed in the office specified in NRS 104.9501.
4. If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under subsections 4 and 6 of NRS 104.9705 or 104.9706.
5. Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated on or after July 1, 2001, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies the requirements of subsection 3 of NRS 104.9706 has been filed in the office specified by the law of the jurisdiction governing perfection as provided in part 3.
Sec. 2. NRS 104.1105 is hereby amended to read as follows:
104.1105 1. Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation, the parties may agree that the law of this state or of such other state or nation governs their rights and duties. Failing such agreement, this chapter applies to transactions bearing an appropriate relation to this state.
2. Where one of the following provisions of this chapter specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:
Rights of creditors against sold goods. NRS 104.2402.
Applicability of the article on leases. NRS 104A.2105 and 104A.2106.
Applicability of the article on bank deposits and collections. NRS 104.4102.
Letters of credit. NRS 104.5116.
Applicability of the article on investment securities. NRS 104.8110.
Law governing perfection, the effect of perfection or nonperfection and the priority of security interests [.] and agricultural liens. NRS 104.9301 to 104.9307, inclusive.
Governing law in the article on funds transfers. NRS 104A.4507.
Sec. 3. NRS 104.2502 is hereby amended to read as follows:
104.2502 1. Subject to [subsection 2] subsections 2 and 3, and even though the goods have not been shipped, a buyer who has paid a part or all of the price of goods in which he has a special property under the provisions of the immediately preceding section may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:
κ2001 Statutes of Nevada, Page 710 (CHAPTER 140, SB 474)κ
(a) In the case of goods bought for personal, family or household purposes, the seller repudiates or fails to deliver as required by the contract; or
(b) In all cases, the seller becomes insolvent within 10 days after receipt of the first installment on their price.
2. The right of the buyer to recover the goods under subsection 1 vests upon acquisition of a special property even if the seller has not then repudiated or failed to deliver.
3. If the identification creating his special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale.
Sec. 4. NRS 104.9102 is hereby amended to read as follows:
104.9102 1. In this article:
(a) Accession means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.
(b) Account, except as used in account for, means a right to payment of a monetary obligation, whether or not earned by performance, for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of; for services rendered or to be rendered; for a policy of insurance issued or to be issued; for a secondary obligation incurred or to be incurred; for energy provided or to be provided; for the use or hire of a vessel under a charter or other contract; arising out of the use of a credit or charge card or information contained on or for use with the card; or as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes health-care-insurance receivables. The term does not include rights to payment evidenced by chattel paper or an instrument; commercial tort claims; deposit accounts; investment property; letter-of-credit rights or letters of credit; or rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card.
(c) Account debtor means a person obligated on an account, chattel paper or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper.
(d) Accounting, except as used in accounting for, means a record:
(1) Authenticated by a secured party;
(2) Indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record; and
(3) Identifying the components of the obligations in reasonable detail.
(e) Agricultural lien means an interest, other than a security interest, in farm products:
(1) Which secures payment or performance of an obligation for:
(I) Goods or services furnished in connection with a debtors farming operation; or
(II) Rent on real property leased by a debtor in connection with its farming operation;
(2) Which is created by statute in favor of a person that:
(I) In the ordinary course of its business furnished goods or services to a debtor in connection with his farming operation; or
κ2001 Statutes of Nevada, Page 711 (CHAPTER 140, SB 474)κ
(II) Leased real property to a debtor in connection with his farming operation; and
(3) Whose effectiveness does not depend on the persons possession of the personal property.
(f) As-extracted collateral means:
(1) Oil, gas or other minerals that are subject to a security interest that:
(I) Is created by a debtor having an interest in the minerals before extraction; and
(II) Attaches to the minerals as extracted; or
(2) Accounts arising out of the sale at the wellhead or minehead of oil, gas or other minerals in which the debtor had an interest before extraction.
(g) Authenticate means:
(1) To sign; or
(2) To execute or otherwise adopt a symbol, or encrypt or similarly process a record in whole or in part, with the present intent of the authenticating person to identify himself and adopt or accept a record.
(h) Bank means an organization that is engaged in the business of banking. The term includes savings banks, savings and loan associations, credit unions and trust companies.
(i) Cash proceeds means proceeds that are money, checks, deposit accounts or the like.
(j) Certificate of title means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interests obtaining priority over the rights of a lien creditor with respect to the collateral.
(k) Chattel paper means a record or records that evidence both a monetary obligation and a security interest in or a lease of specific goods or of specific goods and software used in the goods [.] , or a security interest in or a lease of specific goods and a license of software used in the goods. The term does not include charters or other contracts involving the use or hire of a vessel [.] , or records that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. If a transaction is evidenced [both by a security agreement or lease and] by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper. As used in this paragraph, monetary obligation means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods.
(l) Collateral means the property subject to a security interest or agricultural lien. The term includes:
(1) Proceeds to which a security interest attaches;
(2) Accounts, chattel paper, payment intangibles and promissory notes that have been sold; and
(3) Goods that are the subject of a consignment.
(m) Commercial tort claim means a claim arising in tort with respect to which:
(1) The claimant is an organization; or
(2) The claimant is a natural person and the claim:
(I) Arose in the course of his business or profession; and
(II) Does not include damages arising out of personal injury to or the death of a natural person.
κ2001 Statutes of Nevada, Page 712 (CHAPTER 140, SB 474)κ
(n) Commodity account means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer.
(o) Commodity contract means a commodity futures contract, an option on a commodity futures contract, a commodity option or another contract if the contract or option is:
(1) Traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or
(2) Traded on a foreign commodity board of trade, exchange or market, and is carried on the books of a commodity intermediary for a commodity customer.
(p) Commodity customer means a person for which a commodity intermediary carries a commodity contract on its books.
(q) Commodity intermediary means a person that:
(1) Is registered as a futures commission merchant under federal commodities law; or
(2) In the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law.
(r) Communicate means:
(1) To send a written or other tangible record;
(2) To transmit a record by any means agreed upon by the persons sending and receiving the record; or
(3) In the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by filing-office rule.
(s) Consignee means a merchant to which goods are delivered in a consignment.
(t) Consignment means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:
(1) The merchant:
(I) Deals in goods of that kind under a name other than the name of the person making delivery;
(II) Is not an auctioneer; and
(III) Is not generally known by its creditors to be substantially engaged in selling the goods of others;
(2) With respect to each delivery, the aggregate value of the goods is $1,000 or more at the time of delivery;
(3) The goods are not consumer goods immediately before delivery; and
(4) The transaction does not create a security interest that secures an obligation.
(u) Consignor means a person that delivers goods to a consignee in a consignment.
(v) Consumer debtor means a debtor in a consumer transaction.
(w) Consumer goods means goods that are used or bought for use primarily for personal, family or household purposes.
(x) Consumer-goods transaction means a consumer transaction to the extent that:
(1) A natural person incurs an obligation primarily for personal, family or household purposes; and
κ2001 Statutes of Nevada, Page 713 (CHAPTER 140, SB 474)κ
(2) A security interest in consumer goods or in consumer goods and software that is held or acquired primarily for personal, family or household purposes secures the obligation.
(y) Consumer obligor means an obligor who is a natural person and who incurred the obligation as part of a transaction entered into primarily for personal, family or household purposes.
(z) Consumer transaction means a transaction to the extent that a natural person incurs an obligation primarily for personal, family or household purposes; a security interest secures the obligation; and the collateral is held or acquired primarily for personal, family or household purposes. The term includes consumer-goods transactions.
(aa) Continuation statement means a change of a financing statement which:
(1) Identifies, by its file number, the initial financing statement to which it relates; and
(2) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement.
(bb) Debtor means:
(1) A person having an interest, other than a security interest or other lien, in the collateral, whether or not he is an obligor;
(2) A seller of accounts, chattel paper, payment intangibles or promissory notes; or
(3) A consignee.
(cc) Deposit account means a demand, time, savings, passbook or similar account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument.
(dd) Document means a document of title or a receipt of the type described in subsection 2 of NRS 104.7201.
(ee) Electronic chattel paper means chattel paper evidenced by a record or records consisting of information stored in an electronic medium.
(ff) Encumbrance means a right, other than an ownership interest, in real property. The term includes mortgages and other liens on real property.
(gg) Equipment means goods other than inventory, farm products or consumer goods.
(hh) Farm products means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are:
(1) Crops grown, growing or to be grown, including:
(I) Crops produced on trees, vines and bushes; and
(II) Aquatic goods produced in aquacultural operations;
(2) Livestock, born or unborn, including aquatic goods produced in aquacultural operations;
(3) Supplies used or produced in a farming operation; or
(4) Products of crops or livestock in their unmanufactured states.
(ii) Farming operation means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.
(jj) File number means the number assigned to an initial financing statement pursuant to subsection 1 of NRS 104.9519.
(kk) Filing office means an office designated in NRS 104.9501 as the place to file a financing statement.
(ll) Filing-office rule means a rule adopted pursuant to NRS 104.9526.
κ2001 Statutes of Nevada, Page 714 (CHAPTER 140, SB 474)κ
(mm) Financing statement means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement.
(nn) Fixture filing means the filing of a financing statement covering goods that are or are to become fixtures and satisfying subsections 1 and 2 of NRS 104.9502. The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.
(oo) Fixtures means goods that have become so related to particular real property that an interest in them arises under real property law.
(pp) General intangible means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas or other minerals before extraction. The term includes payment intangibles and software.
(qq) Good faith means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(rr) Goods means all things that are movable when a security interest attaches. The term includes fixtures; standing timber that is to be cut and removed under a conveyance or contract for sale; the unborn young of animals; crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes; and manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if the program is associated with the goods in such a manner that it customarily is considered part of the goods, or by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas or other minerals before extraction.
(ss) Governmental unit means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, a state, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.
(tt) Health-care-insurance receivable means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health-care goods or services provided.
(uu) Instrument means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary endorsement or assignment. The term does not include investment property, letters of credit or writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.
(vv) Inventory means goods, other than farm products, which:
(1) Are leased by a person as lessor;
(2) Are held by a person for sale or lease or to be furnished under a contract of service;
κ2001 Statutes of Nevada, Page 715 (CHAPTER 140, SB 474)κ
(3) Are furnished by a person under a contract of service; or
(4) Consist of raw materials, work in process, or materials used or consumed in a business.
(ww) Investment property means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account.
(xx) Jurisdiction of organization, with respect to a registered organization, means the jurisdiction under whose law the organization is organized.
(yy) Letter-of-credit right means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit.
(zz) Lien creditor means:
(1) A creditor that has acquired a lien on the property involved by attachment, levy or the like;
(2) An assignee for benefit of creditors from the time of assignment;
(3) A trustee in bankruptcy from the date of the filing of the petition; or
(4) A receiver in equity from the time of appointment.
(aaa) Manufactured home means a structure, transportable in one or more sections, which in the traveling mode, is 8 feet or more in body width or 40 feet or more in body length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.
(bbb) Manufactured-home transaction means a secured transaction:
(1) That creates a purchase-money security interest in a manufactured home, other than a manufactured home held as inventory; or
(2) In which a manufactured home, other than a manufactured home held as inventory, is the primary collateral.
(ccc) Mortgage means a consensual interest in real property, including fixtures, which is created by a mortgage, deed of trust, or similar transaction.
(ddd) New debtor means a person that becomes bound as debtor under subsection 4 of NRS 104.9203 by a security agreement previously entered into by another person.
(eee) New value means money; moneys worth in property, services or new credit; or release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.
(fff) Noncash proceeds means proceeds other than cash proceeds.
(ggg) Obligor means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, owes payment or other performance of the obligation, has provided property other than the collateral to secure payment or other performance of the obligation, or is otherwise accountable in whole or in part for payment or other performance of the obligation.
κ2001 Statutes of Nevada, Page 716 (CHAPTER 140, SB 474)κ
performance of the obligation. The term does not include an issuer or a nominated person under a letter of credit.
(hhh) Original debtor means , except as used in subsection 3 of NRS 104.9310, a person that, as debtor, entered into a security agreement to which a new debtor has become bound under subsection 4 of NRS 104.9203.
(iii) Payment intangible means a general intangible under which the account debtors principal obligation is a monetary obligation.
(jjj) Person related to, with respect to a natural person, means:
(1) His spouse;
(2) His brother, brother-in-law, sister or sister-in-law;
(3) His or his spouses ancestor or lineal descendant; or
(4) Any other relative, by blood or marriage, of the person or his spouse who shares the same home with him.
(kkk) Person related to, with respect to an organization, means:
(1) A person directly or indirectly controlling, controlled by or under common control with the organization;
(2) An officer or director of, or a person performing similar functions with respect to, the organization;
(3) An officer or director of, or a person performing similar functions with respect to, a person described in subparagraph (1);
(4) The spouse of a natural person described in subparagraph (1), (2) or (3); or
(5) A person who is related by blood or marriage to a person described in subparagraph (1), (2), (3) or (4) and shares the same home with that person.
(lll) Proceeds means , except as used in subsection 2 of NRS 104.9609, the following property:
(1) Whatever is acquired upon the sale, lease, license, exchange or other disposition of collateral;
(2) Whatever is collected on, or distributed on account of, collateral;
(3) Rights arising out of collateral;
(4) To the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral; and
(5) To the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.
(mmm) Promissory note means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.
(nnn) Proposal means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to NRS 104.9620, 104.9621 and 104.9622.
(ooo) Public-finance transaction means a secured transaction in connection with which:
(1) Debt securities are issued;
(2) All or a portion of the securities issued have an initial stated maturity of at least 20 years; and
κ2001 Statutes of Nevada, Page 717 (CHAPTER 140, SB 474)κ
(3) The debtor, the obligor, the secured party, the account debtor or other person obligated on collateral, the assignor or assignee of a secured obligation, or the assignor or assignee of a security interest is a state or a governmental unit of a state.
(ppp) Pursuant to commitment, with respect to an advance made or other value given by a secured party, means pursuant to the secured partys obligation, whether or not a subsequent event of default or other event not within the secured partys control has relieved or may relieve the secured party from its obligation.
(qqq) Record, except as used in for record, of record, record or legal title, and record owner, means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.
(rrr) Registered organization means an organization organized solely under the law of a single state or the United States and as to which the state or the United States must maintain a public record showing the organization to have been organized.
(sss) Secondary obligor means an obligor to the extent that:
(1) The obligors obligation is secondary; or
(2) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor or property of either.
(ttt) Secured party means:
(1) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;
(2) A person that holds an agricultural lien;
(3) A consignor;
(4) A person to which accounts, chattel paper, payment intangibles or promissory notes have been sold;
(5) A trustee, indenture trustee, agent, collateral agent or other representative in whose favor a security interest or agricultural lien is created or provided for; or
(6) A person that holds a security interest arising under NRS 104.2401, 104.2505, subsection 3 of NRS 104.2711, NRS 104.4210, 104.5118 or subsection 5 of NRS 104A.2508.
(uuu) Security agreement means an agreement that creates or provides for a security interest.
(vvv) Send, in connection with a record or notification, means:
(1) To deposit in the mail, deliver for transmission or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or
(2) To cause the record or notification to be received within the time that it would have been received if properly sent under subparagraph (1).
(www) Software means a computer program and any supporting information provided in connection with a transaction relating to the program. The term does not include a computer program that is contained in goods unless the goods are a computer or computer peripheral.
(xxx) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
κ2001 Statutes of Nevada, Page 718 (CHAPTER 140, SB 474)κ
(yyy) Supporting obligation means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, document, general intangible, instrument or investment property.
(zzz) Tangible chattel paper means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium.
(aaaa) Termination statement means a subsequent filing which:
(1) Identifies, by its file number, the initial financing statement to which it relates; and
(2) Indicates either that it is a termination statement or that the identified financing statement is no longer effective.
(bbbb) Transmitting utility means a person primarily engaged in the business of:
(1) Operating a railroad, subway, street railway or trolley bus;
(2) Transmitting communications electrically, electromagnetically or by light;
(3) Transmitting goods by pipeline;
(4) Providing sewerage; or
(5) Transmitting or producing and transmitting electricity, steam, gas or water.
2. The following definitions in other articles apply to this article:
Applicant. NRS 104.5102.
Beneficiary. NRS 104.5102.
Broker. NRS 104.8102.
Certificated security. NRS 104.8102.
Check. NRS 104.3104.
Clearing corporation. NRS 104.8102.
Contract for sale. NRS 104.2106.
Customer. NRS 104.4104.
Entitlement holder. NRS 104.8102.
Financial asset. NRS 104.8102.
Holder in due course. NRS 104.3302.
Issuer. NRS 104.5102.
Lease. NRS 104A.2103.
Lease agreement. NRS 104A.2103.
Lease contract. NRS 104A.2103.
Leasehold interest. NRS 104A.2103.
Lessee. NRS 104A.2103.
Lessee in ordinary course of business. NRS 104A.2103.
Lessor. NRS 104A.2103.
Lessors residual interest. NRS 104A.2103.
Letter of credit. NRS 104.5102.
Merchant. NRS 104.2104.
Negotiable instrument. NRS 104.3104.
Nominated person. NRS 104.5102.
Note. NRS 104.3104.
Proceeds of a letter of credit. NRS 104.5114.
Prove. NRS 104.3103.
Sale. NRS 104.2106.
Securities account. NRS 104.8501.
Securities intermediary. NRS 104.8102.
Security. NRS 104.8102.
Security certificate. NRS 104.8102.
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Security entitlement. NRS 104.8102.
Uncertificated security. NRS 104.8102.
3. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
Sec. 5. NRS 104.9104 is hereby amended to read as follows:
104.9104 1. A secured party has control of a deposit account if:
(a) The secured party is the bank with which the deposit account is maintained;
(b) The debtor, secured party and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; or
(c) The secured party becomes the banks customer with respect to the deposit account.
2. A secured party that has satisfied subsection 1 has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
Sec. 6. NRS 104.9109 is hereby amended to read as follows:
104.9109 1. Except as otherwise provided in subsections 3 and 4, this article applies to:
(a) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;
(b) An agricultural lien;
(c) A sale of accounts, chattel paper, payment intangibles or promissory notes;
(d) A consignment;
(e) A security interest arising under NRS 104.2401, 104.2505, subsection 3 of NRS 104.2711 [,] or subsection 5 of NRS 104A.2508, as provided in NRS 104.9110; and
(f) A security interest arising under NRS 104.4210 or 104.5118.
2. The application of this article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this article does not apply.
3. This article does not apply to the extent that:
(a) A statute, regulation or treaty of the United States preempts this article; or
(b) [Another statute of this state expressly governs the creation, perfection, priority or enforcement of a security interest created by this state or a governmental unit of this state;
(c) A statute of another state, a foreign country, or a governmental unit of another state or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the state, country, or governmental unit; or
(d)] The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under NRS 104.5114.
4. This article does not apply to:
(a) A landlords lien, other than an agricultural lien;
(b) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but NRS 104.9333 applies with respect to priority of the lien;
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(c) An assignment of a claim for wages, salary or other compensation of an employee;
(d) A sale of accounts, chattel paper, payment intangibles or promissory notes as part of a sale of the business out of which they arose;
(e) An assignment of accounts, chattel paper, payment intangibles or promissory notes which is for the purpose of collection only;
(f) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;
(g) An assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;
(h) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds;
(i) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;
(j) A right of recoupment or set-off, but:
(1) NRS 104.9340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and
(2) NRS 104.9404 applies with respect to defenses or claims of an account debtor;
(k) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:
(1) Liens on real property in NRS 104.9203 and 104.9308;
(2) Fixtures in NRS 104.9334;
(3) Fixture filings in NRS 104.9501, 104.9502, 104.9512, 104.9516 and 104.9519; and
(4) Security agreements covering personal and real property in NRS 104.9604;
(l) An assignment of a claim arising in tort, other than a commercial tort claim, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds; [or]
(m) An assignment of a deposit account in a consumer transaction, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds [.] ; or
(n) A transfer by a government or governmental unit.
Sec. 7. NRS 104.9210 is hereby amended to read as follows:
104.9210 1. In this section:
(a) Request means a record of a type described in paragraph (b), (c) or (d).
(b) Request for an accounting means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request.
(c) Request regarding a list of collateral means a record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request.
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(d) Request regarding a statement of account means a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
2. Subject to subsections 3 to 6, inclusive, a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within 14 days after receipt:
(a) In the case of a request for an accounting, by authenticating and sending to the debtor an accounting; and
(b) In the case of a request regarding a list of collateral or a request regarding a statement of account, by authenticating and sending to the debtor an approval or correction.
3. A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor an authenticated record including a statement to that effect within 14 days after receipt.
4. A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the request, and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record:
(a) Disclaiming any interest in the collateral; and
(b) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipients [security] interest in the collateral.
5. A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and claimed an interest in the obligations at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record:
(a) Disclaiming any interest in the obligations; and
(b) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipients interest in the obligations.
6. A debtor is entitled without charge to one response to a request under this section during any 6-month period. The secured party may require payment of a charge not exceeding $25 for each additional response.
Sec. 8. NRS 104.9311 is hereby amended to read as follows:
104.9311 1. Except as otherwise provided in subsection 4, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:
(a) A statute, regulation or treaty of the United States whose requirements for a security interests obtaining priority over the rights of a lien creditor with respect to the property preempt subsection 1 of NRS 104.9310;
(b) Chapter 105 of NRS, NRS 482.423 to 482.431, inclusive, 488.1793 to 488.1827, inclusive, and 489.501 to 489.581, inclusive; or
(c) A certificate-of-title statute of another jurisdiction which provides for a security interest to be indicated on the certificate as a condition or result of the security interests obtaining priority over the rights of a lien creditor with respect to the property.
2. Compliance with the requirements of a statute, regulation or treaty described in subsection 1 for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this article. Except as otherwise provided in subsection 4, NRS 104.9313 and subsections 4 and 5 of NRS 104.9316 for goods covered by a certificate of title, a security interest in property subject to a statute, regulation or treaty described in subsection 1 may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.
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Except as otherwise provided in subsection 4, NRS 104.9313 and subsections 4 and 5 of NRS 104.9316 for goods covered by a certificate of title, a security interest in property subject to a statute, regulation or treaty described in subsection 1 may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.
3. Except as otherwise provided in subsection 4 and subsections 4 and 5 of NRS 104.9316, duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation or treaty described in subsection 1 are governed by the statute, regulation or treaty. In other respects, the security interest is subject to this article.
4. During any period in which collateral subject to a statute specified in paragraph (b) of subsection 1 is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling [or leasing] goods of that kind, this section does not apply to a security interest in that collateral created by that person . [as debtor.]
Sec. 9. NRS 104.9317 is hereby amended to read as follows:
104.9317 1. [An unperfected] A security interest or agricultural lien is subordinate to the rights of:
(a) A person entitled to priority under NRS 104.9322; and
(b) A person that becomes a lien creditor before the earlier of the time [the] :
(1) The security interest or agricultural lien is perfected ; or
(2) One of the conditions specified in paragraph (c) of subsection 2 of NRS 104.9203 is met and a financing statement covering the collateral is filed.
2. Except as otherwise provided in subsection 5, a buyer, other than a secured party, of chattel paper, documents, goods, instruments, or a security certificate takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
3. Except as otherwise provided in subsection 5, a lessee of goods takes free of a security interest or agricultural lien if he gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
4. A licensee of a general intangible or a buyer, other than a secured party, of accounts, general intangibles or investment property other than a certificated security takes free of a security interest if he gives value without knowledge of the security interest and before it is perfected.
5. Except as otherwise provided in NRS 104.9320 and 104.9321, if a person files a financing statement with respect to a purchase-money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee or lien creditor which arise between the time the security interest attaches and the time of filing.
Sec. 10. NRS 104.9323 is hereby amended to read as follows:
104.9323 1. Except as otherwise provided in subsection 3, for purposes of determining the priority of a perfected security interest under subsection 1 of NRS 104.9322, perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:
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advance is made to the extent that the security interest secures an advance that:
(a) Is made while the security interest is perfected only:
(1) Under NRS 104.9309 when it attaches; or
(2) Temporarily under subsection 5, 6 or 7 of NRS 104.9312; and
(b) Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under NRS 104.9309 or subsection 5, 6 or 7 of NRS 104.9312.
2. Except as otherwise provided in subsection 3, a security interest is subordinate to the rights of a person that becomes a lien creditor [while the security interest is perfected only] to the extent that [it secures advances] the security interest secures an advance made more than 45 days after he becomes a lien creditor unless the advance is made:
(a) Without knowledge of the lien; or
(b) Pursuant to a commitment entered into without knowledge of the lien.
3. Subsections 1 and 2 do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.
4. Except as otherwise provided in subsection 5, a buyer of goods other than a buyer in the ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of:
(a) The time the secured party acquires knowledge of the buyers purchase; or
(b) Forty-five days after the purchase.
5. Subsection 4 does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyers purchase and before the expiration of the 45‑day period.
6. Except as otherwise provided in subsection 7, a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold free of a security interest to the extent that it secures advances made after the earlier of:
(a) The time the secured party acquires knowledge of the lease; or
(b) Forty-five days after the lease contract becomes enforceable.
7. Subsection 6 does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45‑day period.
Sec. 11. NRS 104.9331 is hereby amended to read as follows:
104.9331 1. This article does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated, or a protected purchaser of a security. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in articles 3, 7 and 8.
2. This article does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of [an adverse] a claim under article 8.
3. Filing under this article does not constitute notice of a claim or defense to the holders, or purchasers, or persons described in subsections 1 and 2.
Sec. 12. NRS 104.9334 is hereby amended to read as follows:
104.9334 1. A security interest under this article may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this article in ordinary building materials incorporated into an improvement on land.
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security interest does not exist under this article in ordinary building materials incorporated into an improvement on land.
2. This article does not prevent creation of an encumbrance upon fixtures under real property law.
3. In cases not governed by subsections 4 to 8, inclusive, a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor.
4. Except as otherwise provided in subsection 8, a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property and:
(a) The security interest is a purchase-money security interest;
(b) The interest of the encumbrancer or owner arises before the goods become fixtures; and
(c) The security interest is perfected by a fixture filing before the goods become fixtures or within 20 days thereafter.
5. A perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if:
(a) The debtor has an interest of record in the real property or is in possession of the real property and the security interest:
(1) Is perfected by a fixture filing before the interest of the encumbrancer or owner is of record; and
(2) Has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner;
(b) Before the goods become fixtures, the security interest is perfected by any method permitted by this article and the fixtures are readily removable:
(1) Factory or office machines;
(2) Equipment that is not primarily used or leased for use in the operation of the real property; or
(3) Replacements of domestic appliances that are consumer goods;
(c) The conflicting interest is a lien on the real property obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this article; or
(d) The security interest is:
(1) Created in a manufactured home in a manufactured-home transaction; and
(2) Perfected pursuant to a statute described in paragraph (b) of subsection 1 of NRS 104.9311.
6. A security interest in fixtures, whether or not perfected, has priority over a conflicting interest of an encumbrancer or owner of the real property if:
(a) The encumbrancer or owner has, in an authenticated record, consented to the security interest or disclaimed an interest in the goods as fixtures; or
(b) The debtor has a right to remove the goods as against the encumbrancer or owner.
7. The priority of the security interest under paragraph (b) of subsection 6 continues for a reasonable time if the debtors right to remove the goods as against the encumbrancer or owner terminates.
8. A mortgage is a construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land, including the acquisition cost of the land, if the recorded record so indicates. Except as otherwise provided in subsections 5 and 6, a security interest in fixtures is subordinate to a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction.
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fixtures is subordinate to a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. A mortgage has this priority to the same extent as a construction mortgage to the extent that it is given to refinance a construction mortgage.
9. A perfected security interest in crops growing on real property has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property.
Sec. 13. NRS 104.9336 is hereby amended to read as follows:
104.9336 1. In this section, commingled goods means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass.
2. A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods.
3. If collateral becomes commingled goods, a security interest attaches to the product or mass.
4. If a security interest in collateral is perfected before the collateral becomes commingled goods, the security interest that attaches to the product or mass under subsection 3 is perfected.
5. Except as otherwise provided in subsection 6, the other provisions of this part determine the priority of a security interest that attaches to the product or mass under subsection 3.
6. If more than one security interest attaches to the product or mass under subsection 3, the following rules determine priority:
(a) A security interest that is perfected under subsection 4 has priority over a security interest that is unperfected at the time the collateral becomes commingled goods.
(b) If more than one security interest is perfected under subsection 4, the security interests rank equally in proportion to the value of the collateral at the time it became commingled goods.
Sec. 14. NRS 104.9406 is hereby amended to read as follows:
104.9406 1. Subject to subsections 2 to 8, inclusive, an account debtor on an account, chattel paper or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.
2. Subject to subsection 8, notification is ineffective under subsection 1:
(a) If it does not reasonably identify the rights assigned;
(b) To the extent that an agreement between an account debtor and a seller of a payment intangible limits the account debtors duty to pay a person other than the seller and the limitation is effective under law other than this article; or
(c) At the option of an account debtor, if the notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the assignee, even if:
(1) Only a portion of the account, chattel paper or [general] payment intangible has been assigned to that assignee;
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(2) A portion has been assigned to another assignee; or
(3) The account debtor knows that the assignment to that assignee is limited.
3. Subject to subsection 8, if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection 1.
4. Except as otherwise provided in subsection 5 and NRS 104.9407 and 104A.2303, and subject to subsection 8, a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:
(a) Prohibits, restricts or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection or enforcement of a security interest in, the account, chattel paper, payment intangible or promissory note; or
(b) Provides that the assignment or transfer, or the creation, attachment, perfection or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible or promissory note.
5. Subsection 4 does not apply to the sale of a payment intangible or promissory note.
6. Subject to subsections 7 and 8, a rule of law, statute, or regulation, that prohibits, restricts, or requires the consent of a government, governmental body or official, or account debtor to the assignment or transfer of, or creation of a security interest in, an account or chattel paper is ineffective to the extent that the rule of law, statute or regulation:
(a) Prohibits, restricts, or requires the consent of the government, governmental body or official, or account debtor to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account or chattel paper; or
(b) Provides that the assignment or transfer, or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account or chattel paper.
7. Subject to subsection 8, an account debtor may not waive or vary its option under paragraph (c) of subsection 2.
8. This section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family or household purposes.
9. This section does not apply to an assignment of a health-care-insurance receivable.
Sec. 15. NRS 104.9407 is hereby amended to read as follows:
104.9407 1. Except as otherwise provided in subsection 2, a term in a lease agreement is ineffective to the extent that it:
(a) Prohibits, restricts, or requires the consent of a party to the lease to the assignment or transfer, or the creation, attachment, perfection, or enforcement of a security interest in an interest of a party under the lease contract or in the lessors residual interest in the goods; or
(b) Provides that the assignment or transfer, or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination or remedy under the lease.
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breach, right of recoupment, claim, defense, termination, right of termination or remedy under the lease.
2. Except as otherwise provided in subsection 7 of NRS 104A.2303, a term described in paragraph (b) of subsection 1 is effective to the extent that there is:
(a) A transfer by the lessee of the lessees right of possession or use of the goods in violation of the term; or
(b) A delegation of a material performance of either party to the lease contract in violation of the term.
3. The creation, attachment, perfection, or enforcement of a security interest in the lessors interest under the lease contract or the lessors residual interest in the goods is not a transfer that materially impairs the lessees prospect of obtaining return performance or materially changes the duty of or materially increases the burden or risk imposed on the lessee within the purview of subsection 4 of NRS 104A.2303 unless, and then only to the extent that, enforcement results in a delegation of a material performance of the lessor. Even in that event, the creation, attachment, perfection and enforcement of the security interest remain effective.
Sec. 16. NRS 104.9408 is hereby amended to read as follows:
104.9408 1. Except as otherwise provided in subsection 2, a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or a general intangible, including a contract, permit, license or franchise, and prohibits, restricts or requires the consent of the person obligated on the promissory note or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the promissory note, health-care-insurance receivable or general intangible, is ineffective to the extent that the term:
(a) Would impair the creation, attachment or perfection of a security interest; or
(b) Provides that the assignment or transfer, or the creation, attachment or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination or remedy under the promissory note, health-care-insurance receivable or general intangible.
2. Subsection 1 applies to a security interest in a payment intangible or promissory note only if the security interest arises out of a sale of the payment intangible or promissory note.
3. A rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory note, or account debtor to the assignment or transfer of, or creation of a security interest in, a promissory note, health-care-insurance receivable or general intangible, including a contract, permit, license or franchise between an account debtor and a debtor, is ineffective to the extent that the rule of law, statute or regulation:
(a) Would impair the creation, attachment or perfection of a security interest; or
(b) Provides that the assignment or transfer, or the creation, attachment or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination or remedy under the promissory note, health-care-insurance receivable or general intangible.
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4. To the extent that a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or general intangible or a rule of law, statute, or regulation described in subsection 3 would be effective under law other than this article but is ineffective under subsection 1 or 3, the creation, attachment or perfection of a security interest in the promissory note, health-care-insurance receivable or general intangible:
(a) Is not enforceable against the person obligated on the promissory note or the account debtor;
(b) Does not impose a duty or obligation on the person obligated on the promissory note or the account debtor;
(c) Does not require the person obligated on the promissory note or the account debtor to recognize the security interest, pay or render performance to the secured party or accept payment or performance from the secured party;
(d) Does not entitle the secured party to use or assign the debtors rights under the promissory note, health-care-insurance receivable or general intangible, including any related information or materials furnished to the debtor in the transaction giving rise to the promissory note, health-care-insurance receivable or general intangible;
(e) Does not entitle the secured party to use, assign, possess or have access to any trade secrets or confidential information of the person obligated on the promissory note or the account debtor; and
(f) Does not entitle the secured party to enforce the security interest in the promissory note, health-care-insurance receivable or general intangible.
Sec. 17. NRS 104.9409 is hereby amended to read as follows:
104.9409 1. A term in a letter of credit or a rule of law, statute, regulation, custom or practice applicable to the letter of credit which prohibits, restricts or requires the consent of an applicant, issuer, or nominated person to a beneficiarys assignment of or creation of a security interest in a letter-of-credit right is ineffective to the extent that the term or rule of law, statute, regulation, custom or practice:
(a) Would impair the creation, attachment or perfection of a security interest in the letter-of-credit right; or
(b) Provides that the assignment or the creation, attachment or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination or remedy under the letter-of-credit right.
2. To the extent that a term in a letter of credit is ineffective under subsection 1 but would be effective under law other than this article or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment or perfection of a security interest in the letter-of-credit right:
(a) Is not enforceable against the applicant, issuer, nominated person or transferee beneficiary;
(b) Imposes no duties or obligations on the applicant, issuer, nominated person or transferee beneficiary; and
(c) Does not require the applicant, issuer, nominated person or transferee beneficiary to recognize the security interest, pay or render performance to the secured party or accept payment or other performance from the secured party.
κ2001 Statutes of Nevada, Page 729 (CHAPTER 140, SB 474)κ
Sec. 18. NRS 104.9504 is hereby amended to read as follows:
104.9504 A financing statement sufficiently indicates the collateral that it covers [only] if the financing statement provides:
1. A description of the collateral pursuant to NRS 104.9108; or
2. An indication that the financing statement covers all assets or all personal property.
Sec. 19. NRS 104.9509 is hereby amended to read as follows:
104.9509 1. A person may file an initial financing statement, amendment that adds collateral covered by a financing statement or amendment that adds a debtor to a financing statement only if:
(a) The debtor authorizes the filing in an authenticated record; [or]
(b) The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which he holds an agricultural lien [.] ; or
(c) Otherwise authorized by subsection 2 or 3.
2. By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
(a) The collateral described in the security agreement; and
(b) Property that becomes collateral under paragraph (b) of subsection 1 of NRS 104.9315, whether or not the security agreement expressly covers proceeds.
3. A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
(a) The secured party of record authorizes the filing; or
(b) The change is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by subsection 1 or 3 of NRS 104.9513.
4. If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection 3.
Sec. 20. NRS 104.9513 is hereby amended to read as follows:
104.9513 1. A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and:
(a) There is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation or otherwise give value; or
(b) The debtor did not authorize the filing of the initial financing statement.
2. To comply with subsection 1, a secured party shall cause the secured party of record to file the termination statement:
(a) Within 1 month after there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation or otherwise give value; or
(b) If earlier, within 20 days after the secured party receives an authenticated demand from a debtor.
3. In cases not governed by subsection 1, within 20 days after a secured party receives an authenticated demand from a debtor, the secured party shall cause the secured party of record for a financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if:
κ2001 Statutes of Nevada, Page 730 (CHAPTER 140, SB 474)κ
debtor a termination statement for the financing statement or file the termination statement in the filing office if:
(a) Except in the case of a financing statement covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation or otherwise give value;
(b) The financing statement covers accounts or chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation;
(c) The financing statement covers goods that were the subject of a consignment to the debtor but are not in the debtors possession; or
(d) The debtor did not authorize the filing of the initial financing statement.
4. Except as otherwise provided in NRS 104.9510, upon the filing of a termination statement with the filing office [,the] :
(a) The financing statement to which the termination statement relates ceases to be effective.
(b) For the purposes of subsection 7 of NRS 104.9519, subsection 1 of NRS 104.9522 and subsection 3 of NRS 104.9523, a financing statement that indicates that the debtor is a transmitting utility causes the effectiveness of the financing statement to lapse.
Sec. 21. NRS 104.9519 is hereby amended to read as follows:
104.9519 1. For each record filed in a filing office, the filing office shall:
(a) Assign a unique number to the filed record;
(b) Create a record that bears the number assigned to the filed record and the date and time of filing;
(c) Maintain the filed record for public inspection; and
(d) Index the filed record in accordance with subsections 3, 4 and 5.
2. Except as otherwise provided in subsection 9, a file number assigned after January 1, 2002, may include a digit that:
(a) Is mathematically derived from or related to the other digits of the file number; and
(b) Enables the filing office to detect whether a number communicated as the file number includes a single-digit or transpositional error.
3. Except as otherwise provided in subsections 4 and 5, the filing office shall:
(a) Index an initial financing statement according to the name of the debtor and index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and
(b) Index a record that provides a name of a debtor which was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided.
4. If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, it must be filed for record and the filing office shall index it:
(a) Under the names of the debtor and of each owner of record shown on the financing statement as if they were the mortgagors under a mortgage of the real property described; and
κ2001 Statutes of Nevada, Page 731 (CHAPTER 140, SB 474)κ
(b) To the extent that the law of this state provides for indexing of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder.
5. If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, the filing office shall index an assignment filed under subsection 1 of NRS 104.9514 or an amendment filed under subsection 2 of that section:
(a) Under the name of the assignor as grantor; and
(b) To the extent that the law of this state provides for indexing the assignment of a mortgage of real property under the name of the assignee, under the name of the assignee.
6. The filing office shall maintain a capability:
(a) To retrieve a record by the name of the debtor and:
(1) If the filing office is described in paragraph (a) of subsection 1 of NRS 104.9501, by the file number assigned to the initial financing statement to which the record relates and the date and time that the record was filed or recorded; or
(2) If the filing office is described in paragraph (b) of subsection 1 of NRS 104.9501, by the file number assigned to the initial financing statement to which the record relates; and
(b) To associate and retrieve with one another an initial financing statement and each filed record relating to the initial financing statement.
7. The filing office may not remove a debtors name from the index until 1 year after the effectiveness of a financing statement naming the debtor lapses under NRS 104.9515 with respect to all secured parties of record.
8. The filing office shall perform the acts required by subsections 1 to 5, inclusive, within a reasonable time and in the manner prescribed by filing-office rule.
9. [Subsection 2 does] Subsections 2 and 8 do not apply to a filing office described in paragraph (a) of subsection 1 of NRS 104.9501.
Sec. 22. NRS 104.9525 is hereby amended to read as follows:
104.9525 1. Except as otherwise provided in subsection 5, the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection [3] 2 of NRS 104.9502, is:
(a) Twenty dollars if the record is communicated in writing and consists of one or two pages;
(b) Forty dollars if the record is communicated in writing and consists of more than two pages, and $1 for each page over 20 pages;
(c) Ten dollars if the record is communicated by another medium authorized by filing-office rule; and
(d) One dollar for each additional debtor, trade name or reference to another name under which business is done.
2. The filing officer may charge and collect $1 for each page of copy or record of filings produced by him at the request of any person.
3. Except as otherwise provided in subsection 5, the fee for filing and indexing an initial financing statement of the kind described in subsection 3 of NRS 104.9502 is:
(a) Forty dollars if the financing statement indicates that it is filed in connection with a public-finance transaction; and
(b) Twenty dollars if the financing statement indicates that it is filed in connection with a manufactured-home transaction.
κ2001 Statutes of Nevada, Page 732 (CHAPTER 140, SB 474)κ
4. The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is:
(a) Twenty dollars if the request is communicated in writing; and
(b) Fifteen dollars if the request is communicated by another medium authorized by filing-office rule.
5. This section does not require a fee with respect to a mortgage that is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under subsection 3 of NRS 104.9502. However, the fees for recording and satisfaction which otherwise would be applicable to the mortgage apply.
Sec. 23. NRS 104.9608 is hereby amended to read as follows:
104.9608 1. If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:
(a) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under [this section] NRS 104.9607 in the following order to:
(1) The reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorneys fees and legal expenses incurred by the secured party;
(2) The satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and
(3) The satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed.
(b) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holders demand under subparagraph (3) of paragraph (a).
(c) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under [this section] NRS 104.9607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.
(d) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.
2. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.
Sec. 24. NRS 104.9613 is hereby amended to read as follows:
104.9613 Except in a consumer-goods transaction, the following rules apply:
1. The contents of a notification of disposition are sufficient if the notification:
(a) Describes the debtor and the secured party;
(b) Describes the collateral that is the subject of the intended disposition;
(c) States the method of intended disposition;
(d) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
κ2001 Statutes of Nevada, Page 733 (CHAPTER 140, SB 474)κ
(e) States the time and place of a public [sale] disposition or the time after which any other disposition is to be made.
2. Whether the contents of a notification that lacks any of the information specified in subsection 1 are nevertheless sufficient is a question of fact.
3. The contents of a notification providing substantially the information specified in subsection 1 are sufficient, even if the notification includes:
(a) Information not specified by that subsection; or
(b) Minor errors that are not seriously misleading.
4. A particular phrasing of the notification is not required.
5. The following form of notification and the form appearing in subsection 3 of NRS 104.9614, when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
To: [Name of debtor, obligor, or other person to which the notification is sent]
From: [Name, address, and telephone number of secured party]
Name of Debtor(s): [Include only if debtor(s) are not an addressee]
[For a public disposition:]
We will sell [or lease or license, as applicable] the [describe collateral] [to the highest qualified bidder] in public as follows:
Day and Date: ........................
Time: ........................................
Place: ........................................
[For a private disposition:]
We will sell [or lease or license, as applicable] the [describe collateral] privately sometime after [day and date].
You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [or lease or license, as applicable] [for a charge of $___]. You may request an accounting by calling us at [telephone number].
Sec. 25. NRS 104.9615 is hereby amended to read as follows:
104.9615 1. A secured party shall apply or pay over for application the cash proceeds of disposition under NRS 104.9610 in the following order to:
(a) The reasonable expenses of retaking, holding, preparing for disposition, processing and disposing, and, to the extent provided for by agreement and not prohibited by law, reasonable attorneys fees and legal expenses incurred by the secured party;
(b) The satisfaction of obligations secured by the security interest or agricultural lien under which the disposition is made;
(c) The satisfaction of obligations secured by any subordinate security interest in or other subordinate lien on the collateral if:
(1) The secured party receives from the holder of the subordinate security interest or other lien an authenticated demand for proceeds before distribution of the proceeds is completed; and
κ2001 Statutes of Nevada, Page 734 (CHAPTER 140, SB 474)κ
(2) In a case in which a consignor has an interest in the collateral, the subordinate security interest or other lien is senior to the interest of the consignor; and
(d) A secured party that is a consignor of the collateral if the secured party receives from the consignor an authenticated demand for proceeds before distribution of the proceeds is completed.
2. If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder does so, the secured party need not comply with the holders demand under paragraph (c) of subsection 1.
3. A secured party need not apply or pay over for application noncash proceeds of disposition under [this section] NRS 104.9610 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.
4. If the security interest under which a disposition is made secures payment or performance of an obligation, after making the payments and applications required by subsection 1 and permitted by subsection 3:
(a) Unless paragraph (d) of subsection 1 requires the secured party to apply or pay over cash proceeds to a consignor, the secured party shall account to and pay a debtor for any surplus; and
(b) The obligor is liable for any deficiency.
5. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles or promissory notes:
(a) The debtor is not entitled to any surplus; and
(b) The obligor is not liable for any deficiency.
6. The surplus or deficiency following a disposition is calculated based on the amount of proceeds that would have been realized in a disposition complying with this part to a transferee other than the secured party, a person related to the secured party or a secondary obligor if:
(a) The transferee in the disposition is the secured party, a person related to the secured party or a secondary obligor; and
(b) The amount of proceeds of the disposition is significantly below the range of proceeds that a complying disposition to a person other than the secured party, a person related to the secured party or a secondary obligor would have brought.
7. A secured party that receives cash proceeds of a disposition in good faith and without knowledge that the receipt violates the rights of the holder of a security interest or other lien that is not subordinate to the security interest or agricultural lien under which the disposition is made:
(a) Takes the cash proceeds free of the security interest or other lien;
(b) Is not obligated to apply the proceeds of the disposition to the satisfaction of obligations secured by the security interest or other lien; and
(c) Is not obligated to account to or pay the holder of the security interest or other lien for any surplus.
Sec. 26. NRS 104.9625 is hereby amended to read as follows:
104.9625 1. If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain collection, enforcement or disposition of collateral on appropriate terms and conditions.
2. Subject to subsections 3, 4 and 6, a person is liable for damages in the amount of any loss caused by a failure to comply with this article. Loss caused by a failure to comply [with a request under NRS 104.9210] may include loss resulting from the debtors inability to obtain, or increased costs of, alternative financing.
κ2001 Statutes of Nevada, Page 735 (CHAPTER 140, SB 474)κ
include loss resulting from the debtors inability to obtain, or increased costs of, alternative financing.
3. Except as otherwise provided in NRS 104.9628:
(a) A person that, at the time of the failure, was a debtor, was an obligor or held a security interest in or other lien on the collateral may recover damages under subsection 2 for its loss; and
(b) If the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus 10 percent of the principal amount of the obligation or the time-price differential plus 10 percent of the cash price.
4. A debtor whose deficiency is eliminated under NRS 104.9626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under that section may not otherwise recover under subsection 2 for noncompliance with the provisions of this part relating to collection, enforcement, disposition or acceptance.
5. In addition to any damages recoverable under subsection 2, the debtor, consumer obligor or person named as a debtor in a filed record, as applicable, may recover $500 in each case from a person that:
(a) Fails to comply with NRS 104.9208;
(b) Fails to comply with NRS 104.9209;
(c) Files a record that he is not entitled to file under subsection 1 of NRS 104.9509;
(d) Fails to cause the secured party of record to file or send a termination statement as required by subsection 1 or 3 of NRS 104.9513;
(e) Fails to comply with paragraph (a) of subsection 2 of NRS 104.9616 and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or
(f) Fails to comply with paragraph (b) of subsection 2 of NRS 104.9616.
6. A debtor or consumer obligor may recover damages under subsection 2 and, in addition, $500 in each case from a person that, without reasonable cause, fails to comply with a request under NRS 104.9210. A recipient of a request under that section which never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this subsection.
7. If a secured party fails to comply with a request regarding a list of collateral or a statement of account under NRS 104.9210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.
Sec. 27. NRS 104.9705 is hereby amended to read as follows:
104.9705 1. If action, other than the filing of a financing statement, is taken before July 1, 2001, and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before that date, the action is effective to perfect a security interest that attaches under this article as amended within 1 year after that date. An attached security interest becomes unperfected 1 year after July 1, 2001, unless the security interest becomes a perfected security interest under this article as amended before the expiration of that period.
κ2001 Statutes of Nevada, Page 736 (CHAPTER 140, SB 474)κ
2. The filing of a financing statement before July 1, 2001, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this article as amended.
3. This article as amended does not render ineffective an effective financing statement that was filed before July 1, 2001, and satisfied the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in NRS 104.9103 as that section read at the time of filing. However, except as otherwise provided in subsections 4 and 5 and NRS 104.9706, the financing statement ceases to be effective at the earlier of:
(a) The time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or
(b) June 30, 2006.
4. The filing of a continuation statement on or after July 1, 2001, does not continue the effectiveness of the financing statement filed before that date. However, upon the timely filing of a continuation statement after that date and in accordance with the law of the jurisdiction governing perfection as provided in part 3, the effectiveness of a financing statement filed in the same office in that jurisdiction before that date continues for the period provided by the law of that jurisdiction.
5. Paragraph (b) of subsection 3 applies to a financing statement that was filed against a transmitting utility before July 1, 2001, and satisfied the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in NRS 104.9103 as that section read at the time of filing only to the extent that part 3 provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.
6. A financing statement that includes a financing statement filed before July 1, 2001, and a continuation statement filed after that date are effective only to the extent that the financing statement satisfies the requirements of part 5 for an initial financing statement.
Sec. 28. This act becomes effective at 12:01 a.m. on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 737κ
Assembly Bill No. 657Committee on Taxation
CHAPTER 141
AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for engines, chassis and certain parts and components of professional racing vehicles and for motor vehicles used by professional racing teams or sanctioning bodies to transport certain items; providing the same exemption from the Local School Support Tax Law and certain analogous taxes; and providing other matters properly relating thereto.
[Approved: May 24, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. At the general election on November 5, 2002, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:
Notice is hereby given that at the general election on November 5, 2002, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto. approved March 29, 1955, as amended.
THE PEOPLE OF THE STATE OF NEVADA
DO ENACT AS FOLLOWS:
Section 1. The above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 61.6, immediately following section 61.5, to read as follows:
Sec. 61.6. 1. There are exempted from the taxes imposed by this act the gross receipts from the sale, furnishing or service of, and the storage, use or other consumption in this state of:
(a) All engines and chassis of a professional racing vehicle;
(b) All parts and components that are used to replace or rebuild existing parts or components of any engine or chassis of a professional racing vehicle;
(c) All motor vehicles used by professional racing teams to transport professional racing vehicles or to transport parts or components of professional racing vehicles, including, without limitation, an engine and chassis of a professional racing vehicle; and
κ2001 Statutes of Nevada, Page 738 (CHAPTER 141, AB 657)κ
components of professional racing vehicles, including, without limitation, an engine and chassis of a professional racing vehicle; and
(d) All motor vehicles used by a professional racing team or sanctioning body to transport the business office of the professional racing team or sanctioning body or to transport a facility from which hospitality services are provided.
2. As used in this section:
(a) Professional racing team means a racing operation that qualifies for the taxable year as an activity engaged in for profit pursuant to the Internal Revenue Code, Title 26 of the United States Code.
(b) Professional racing vehicle means any motor vehicle which is used in a professional racing competition and which is owned, leased or operated by a professional racing team.
(c) Sanctioning body means an organization that establishes an annual schedule of professional racing events in which professional racing teams participate, grants rights to conduct such events and establishes and administers rules and regulations governing the persons who conduct or participate in such events.
Sec. 2. This act becomes effective on January 1, 2003.
Sec. 4. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the taxes imposed by this act on engines and chassis, including replacement parts and components for the engines and chassis, of professional racing vehicles that are owned, leased or operated by professional racing teams?
Yes ¨ No ¨
Sec. 5. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
(Explanation of Question)
The proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this act the sale of, and the storage, use or other consumption in this state of, engines and chassis, including replacement parts and components for the engines and chassis, of professional racing vehicles that are owned, leased or operated by professional racing teams. The legislature has amended the Local School Support Tax Law and certain analogous taxes on retail sales to provide the same exemption.
Sec. 6. If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 2003. If less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.
Sec. 7. All general election laws not inconsistent with this act are applicable.
κ2001 Statutes of Nevada, Page 739 (CHAPTER 141, AB 657)κ
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted by a majority of those registered voters.
Sec. 9. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There are exempted from the taxes imposed by this act the gross receipts from the sale, furnishing or service of, and the storage, use or other consumption in this state of:
(a) All engines and chassis of a professional racing vehicle;
(b) All parts and components that are used to replace or rebuild existing parts or components of any engine or chassis of a professional racing vehicle;
(c) All motor vehicles used by professional racing teams to transport professional racing vehicles or to transport parts or components of professional racing vehicles, including, without limitation, an engine and chassis of a professional racing vehicle; and
(d) All motor vehicles used by a professional racing team or sanctioning body to transport the business office of the professional racing team or sanctioning body or to transport a facility from which hospitality services are provided.
2. As used in this section:
(a) Professional racing team means a racing operation that qualifies for the taxable year as an activity engaged in for profit pursuant to the Internal Revenue Code, Title 26 of the United States Code.
(b) Professional racing motor vehicle means any motor vehicle which is used in a professional racing competition and which is owned, leased or operated by a professional racing team.
(c) Sanctioning body means an organization that establishes an annual schedule of professional racing events in which professional racing teams participate, grants rights to conduct such events and establishes and administers rules and regulations governing the persons who conduct or participate in such events.
Sec. 10. 1. This section and sections 1 to 8, inclusive, of this act, become effective upon passage and approval.
2. Section 9 of this act becomes effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of section 9 of this act and on October 1, 2001, for all other purposes.
________
κ2001 Statutes of Nevada, Page 740κ
Senate Bill No. 521Committee on Transportation
CHAPTER 142
AN ACT relating to motor vehicles; making optional the use of a siren by an emergency vehicle; specifically authorizing an emergency vehicle to operate warning lamps without sounding the siren; providing that a driver of an emergency vehicle who operates the vehicles warning lamps without sounding the siren shall be deemed to have adequately warned pedestrians and other drivers of his approach; and providing other matters properly relating thereto.
[Approved: May 24, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.261 is hereby amended to read as follows:
484.261 1. The driver of an authorized emergency vehicle or an official vehicle of a regulatory agency, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, or a vehicle escorting a funeral procession, may:
(a) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
(b) Exceed any speed limits so long as he does not endanger life or property, except that a vehicle escorting a funeral procession may not exceed the speed limit by more than 15 miles per hour to overtake the procession and direct traffic at the next intersection.
(c) Disregard regulations governing direction of movement or turning in specified directions. The driver of a vehicle escorting a funeral procession may direct the movements of the vehicles in the procession in a similar manner and may direct the movements of other vehicles.
2. The privileges granted in subsection 1 apply only when the vehicle is making use of [audible] :
(a) Audible and visual signals ; or
(b) Visual signals only,
as required by law.
3. The driver of an authorized emergency vehicle or an official vehicle of a regulatory agency may park or stand without regard to the provisions of this chapter if he makes use of a warning lamp.
4. The provisions of this section do not relieve the driver from the duty to drive with due regard for the safety of all persons and do not protect the driver from the consequences of his reckless disregard for the safety of others.
Sec. 2. NRS 484.607 is hereby amended to read as follows:
484.607 1. Every motor vehicle when operated upon a highway must be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but the horn or other warning device must not emit an unreasonably loud or harsh sound or a whistle.
2. A person driving a motor vehicle shall, when reasonably necessary to ensure safe operation, give audible warning with his horn, but shall not otherwise use the horn when upon a highway.
κ2001 Statutes of Nevada, Page 741 (CHAPTER 142, SB 521)κ
3. A vehicle must not be equipped with, and a person shall not use upon a vehicle, a siren, whistle or bell, except as otherwise provided in this chapter.
4. It is permissible, but not required, to equip a vehicle with a theft alarm which is arranged so that it cannot be used by the driver as an ordinary warning signal.
5. An authorized emergency vehicle may be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500 feet, but the siren must not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the driver of the vehicle [shall] may sound the siren [when necessary] to warn pedestrians and other drivers of his approach. A driver of an emergency vehicle may operate the vehicles warning lamps without sounding the siren.
6. A driver of an emergency vehicle who operates the vehicles warning lamps without sounding the siren shall be deemed to have adequately warned pedestrians and other drivers of his approach for the purpose of determining whether the driver met the duty to drive with due regard for the safety of all persons pursuant to NRS 484.261.
________
Assembly Bill No. 6Assemblyman Hettrick
CHAPTER 143
AN ACT relating to vehicles; requiring the department of motor vehicles and public safety to adopt regulations governing the driving of certain combinations of vehicles by persons who hold certain noncommercial drivers licenses; temporarily authorizing the driving of such combinations of vehicles by such persons; and providing other matters properly relating thereto.
[Approved: May 24, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:
The department shall adopt regulations authorizing the holder of a class A noncommercial drivers license to drive any combination of vehicles not exceeding 70 feet in length with a gross combination weight rating of 26,000 pounds or less so long as the gross combination weight rating of the towed vehicles does not exceed the gross vehicle weight rating of the towing vehicle.
Sec. 2. NRS 483.010 is hereby amended to read as follows:
483.010 The provisions of NRS 483.010 to 483.630, inclusive, and section 1 of this act, may be cited as the Uniform Motor Vehicle Drivers License Act.
Sec. 3. NRS 483.015 is hereby amended to read as follows:
483.015 Except as otherwise provided in NRS 483.330, the provisions of NRS 483.010 to 483.630, inclusive, and section 1 of this act apply only with respect to noncommercial drivers licenses.
κ2001 Statutes of Nevada, Page 742 (CHAPTER 143, AB 6)κ
Sec. 4. 1. The department shall adopt the regulations, required by section 1 of this act on or before July 1, 2002.
2. Before the effective date of the regulations, the holder of a class A noncommercial drivers license may drive any combination of vehicles not exceeding 70 feet in length with a gross combination weight rating of 26,000 pounds or less so long as the gross combination weight rating of the towed vehicles does not exceed the gross vehicle weight rating of the towing vehicle.
Sec. 5. This act becomes effective upon passage and approval.
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Assembly Bill No. 63Assemblyman Perkins
CHAPTER 144
AN ACT relating to real property; revising the provisions governing the maintenance of certain improvements in subdivisions and planned unit developments; and providing other matters properly relating thereto.
[Approved: May 24, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.160 is hereby amended to read as follows:
278.160 1. The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including , without limitation, water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(e) Housing plan. The housing plan must include [, but is not limited to:] , without limitation:
κ2001 Statutes of Nevada, Page 743 (CHAPTER 144, AB 63)κ
(1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.
(2) An inventory of affordable housing in the community.
(3) An analysis of the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.
(f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan may include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including , without limitation, any utility projects required to be reported pursuant to NRS 278.145.
(j) Recreation plan. Showing a comprehensive system of recreation areas, including , without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(k) Rural neighborhoods preservation plan. In any county whose population is 400,000 or more, showing general plans to preserve the character and density of rural neighborhoods.
(l) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including , without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.
(m) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.
(n) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
κ2001 Statutes of Nevada, Page 744 (CHAPTER 144, AB 63)κ
(o) Solid waste disposal plan. Showing general plans for the disposal of solid waste.
(p) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
(q) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
(r) Transportation plan. Showing a comprehensive transportation system, including , without limitation, locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.
Sec. 2. NRS 278.4781 is hereby amended to read as follows:
278.4781 1. Landscaping means trees, shrubs, grass and other ornamentation, whether or not natural or artificial, [and] located:
(a) On the perimeter of a development or subdivision.
(b) On a median strip on the perimeter of a development or subdivision.
2. The term includes drainage necessary for the maintenance [thereof.] of the landscaping described in subsection 1.
Sec. 3. NRS 278.4787 is hereby amended to read as follows:
278.4787 1. [A] Except as otherwise provided in subsection 5, a person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter 278A of NRS, may, in lieu of providing for the creation of an association for a common-interest community, request the governing body of the jurisdiction in which the land is located to assume the maintenance of one or more of the following improvements located on the land:
(a) Landscaping;
(b) Public lighting; [and]
(c) Security walls [.
2. A request made] ; and
(d) Trails, parks and open space which provide a substantial public benefit or which are required by the governing body for the primary use of the public.
2. A governing body shall establish by ordinance a procedure pursuant to which a request may be submitted pursuant to subsection 1 [must be made] in the form of a petition , which must be signed by a majority of the owners whose property will be assessed [pursuant to subsection 3] and which must set forth descriptions of all tracts of land or residential units that would be subject to such an assessment.
3. [Upon receipt of the petition,] The governing body may by ordinance designate a person to approve or disapprove a petition submitted pursuant to this section. If the governing body adopts such an ordinance, the ordinance must provide, without limitation:
κ2001 Statutes of Nevada, Page 745 (CHAPTER 144, AB 63)κ
(a) Procedures pursuant to which the petition must be reviewed to determine whether it would be desirable for the governing body to assume the maintenance of the proposed improvements.
(b) Procedures for the establishment of a maintenance district or unit of assessment.
(c) A method for:
(1) Determining the relative proportions in which the assumption of the maintenance of the proposed improvements by the governing body will:
(I) Benefit the development or subdivision in which the improvements are located; and
(II) Benefit the public;
(2) Assessing the tracts of land or residential units in the development or subdivision to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements, in the proportion that such maintenance will benefit the development or subdivision in which the improvements are located; and
(3) Allocating an amount of public money to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements, in the proportion that such maintenance will benefit the public.
(d) Procedures for a petitioner or other aggrieved person to appeal to the governing body a decision of the person designated by the governing body by ordinance adopted pursuant to this subsection to approve or disapprove a petition.
4. If the governing body does not designate by an ordinance adopted pursuant to subsection 3 a person to approve or disapprove a petition, the governing body shall , after receipt of a complete petition submitted at least 120 days before the approval of the final map for the land, hold a public hearing at least 90 days before the approval of the final map for the land, unless otherwise waived by the governing body, to determine the desirability of assuming the maintenance of the proposed improvements. If the governing body determines that it would be undesirable for the governing body to assume the maintenance of the proposed improvements, the governing body shall specify for the record its reasons for that determination. If the governing body determines that it would be desirable for the governing body to assume the maintenance of the proposed improvements, the governing body shall by ordinance:
(a) Determine the relative proportions in which the assumption of the maintenance of the proposed improvements by the governing body will:
(1) Benefit the development or subdivision in which the improvements are located; and
(2) Benefit the public.
(b) Create a maintenance district or unit of assessment consisting of the tracts of land or residential units set forth in the petition [.
(b)] or include the tracts of land or residential units set forth in the petition in an existing maintenance district or unit of assessment.
(c) Establish the method or, if the tracts or units are included within an existing maintenance district or unit of assessment, apply an existing method for determining [the] :
(1) The amount of an assessment [for the cost of the maintenance assumed] to pay the costs that will be incurred by the governing body [and the] in assuming the maintenance of the proposed improvements. The amount of the assessment must be determined in accordance with the proportion to which such maintenance will benefit the development or subdivision in which the improvements are located.
κ2001 Statutes of Nevada, Page 746 (CHAPTER 144, AB 63)κ
amount of the assessment must be determined in accordance with the proportion to which such maintenance will benefit the development or subdivision in which the improvements are located.
(2) The time and manner of payment of the assessment.
[(c)] (d) Provide that the assessment constitutes a lien upon the tracts of land or residential units [thereon.] within the maintenance district or unit of assessment. The lien must be executed, and has the same priority, as a lien for property taxes.
[(d)] (e) Prescribe the levels of maintenance to be provided.
[(e) Determine the amount by which the public interest will benefit from the provision of the maintenance and allocate]
(f) Allocate to the cost of providing the maintenance the appropriate amount of public money to pay for that part of the maintenance which creates the public benefit.
[(f)] (g) Address any other matters that the governing body determines to be relevant to the maintenance of the improvements [.
4.] , including, without limitation, matters relating to the ownership of the improvements and the land on which the improvements are located and any exposure to liability associated with the maintenance of the improvements.
5. If the governing body requires an owner of land to dedicate a tract of land as a trail identified in the recreation plan of the governing body adopted pursuant to paragraph (j) of subsection 1 of NRS 278.160, the governing body shall:
(a) Accept ownership of the tract; and
(b) Assume the maintenance of the tract and any other improvement located on the land that is authorized in subsection 1.
6. The governing body shall record, in the office of the county recorder for the county in which the tracts of land or residential units included in a petition approved pursuant to this section are located, a notice of the creation of the maintenance district or unit of assessment that is sufficient to advise the owners of the tracts of land or residential units that the tracts of land or residential units are subject to the assessment. The costs of recording the notice must be paid by the petitioner.
7. The provisions of this section apply retroactively to a development or subdivision with respect to which:
(a) An agreement or agreements between the owners of tracts of land within the development or subdivision and the developer allow for the provision of services in the manner set forth in this section; or
(b) [All of the] The owners of affected tracts of land or residential units agree [in writing to be bound by the provisions of] to dissolve the association for their common-interest community in accordance with the governing documents of the common-interest community upon approval by the governing body of a petition filed by the owners pursuant to this section.
Sec. 4. Notwithstanding the amendatory provisions of subsection 2 of NRS 278.4787, a governing body shall adopt the ordinance required pursuant to that subsection on or before October 1, 2001.
Sec. 5. This act becomes effective upon passage and approval.
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κ2001 Statutes of Nevada, Page 747κ
Assembly Bill No. 83Committee on Transportation
CHAPTER 145
AN ACT relating to vehicles; providing for the issuance under certain circumstances of a permit authorizing the operation or movement of certain heavier vehicles used to provide public mass transportation; and providing other matters properly relating thereto.
[Approved: May 24, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.7485 is hereby amended to read as follows:
484.7485 1. [A] Except as otherwise provided in subsection 2, a vehicle that is used by a regional transportation commission or its contractor to provide public mass transportation may be operated or moved upon a public highway, other than a highway within the designated interstate system, if the maximum weight does not exceed, on a single axle with:
(a) Single tires, 20,000 pounds; or
(b) Dual tires, 25,000 pounds.
2. A vehicle with a maximum weight on a single axle with single tires of more than 20,000 pounds but not more than 29,000 pounds that is used by a regional transportation commission or its contractor to provide public mass transportation as part of a demonstration project may be operated or moved upon a public highway, other than a highway within the designated interstate system, if the tires are not less than 20 inches in width and the department of transportation, after conducting an evaluation of the vehicle:
(a) Determines that such operation or movement of the vehicle is in the best interest of the department; and
(b) In its discretion, issues a permit authorizing such operation or movement of the vehicle.
3. As used in this section:
(a) Contractor means any person or governmental entity that has entered into a contract with a regional transportation commission to provide services related to the provision of public mass transportation, but only during the period in which the contract remains legally effective.
(b) Regional transportation commission means any regional transportation commission created and organized in accordance with chapter 373 of NRS, and which provides or sponsors public mass transportation services.
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κ2001 Statutes of Nevada, Page 748κ
Assembly Bill No. 93Committee on Government Affairs
CHAPTER 146
AN ACT relating to the City of North Las Vegas; authorizing the city council to enter into a contract with one or more attorneys employed by or associated with certain professional corporations, partnerships or limited-liability companies to perform all or a portion of the duties of the city attorney; and providing other matters properly relating thereto.
[Approved: May 24, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3.050 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 159, Statutes of Nevada 1999, at page 838, is hereby amended to read as follows:
Sec. 3.050 City attorney: Appointment; salary; qualifications; duties; removal [.
1. The] ; contract in lieu of or in addition to appointment.
1. Except as otherwise provided in subsection 6, the city council shall appoint a city attorney and fix his salary.
2. The city attorney and any attorney with whom the city council enters into a contract pursuant to subsection 6 must be a [duly] licensed member of the State Bar of Nevada.
3. The city attorney is the chief legal officer of the city and shall perform such duties as may be designated by the city council or prescribed by ordinance.
4. The city attorney is under the general direction and supervision of the city council.
5. The city attorney serves at the pleasure of the city council and may be removed by an affirmative vote of a majority of the entire membership of the city council at any time.
6. In lieu of or in addition to appointing a city attorney pursuant to subsection 1, the city council may enter into a contract with one or more attorneys employed by or associated with a professional corporation, partnership or limited-liability company that engages in the practice of law in this state to perform all or a portion of the duties of the city attorney. If the city council enters into such a contract, the city council shall ensure that the contract specifies the duties to be performed and the compensation payable for the performance of those duties.
7. An attorney with whom the city council enters into a contract to perform all or a portion of the duties of the city attorney pursuant to subsection 6 has, for each of the duties specified in the contract, all the powers and duties otherwise conferred upon a city attorney who is appointed pursuant to subsection 1.
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