[Rev. 2/8/2019 9:26:19 AM]
κ2005 Statutes of Nevada, Page 1399 (CHAPTER 371, SB 170)κ
contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.
Sec. 16. NRS 377A.030 is hereby amended to read as follows:
377A.030 Except as otherwise provided in NRS 377A.110, any ordinance enacted under this chapter must include provisions in substance as follows:
1. A provision imposing a tax upon retailers at the rate of not more than:
(a) For a tax to promote tourism, one-quarter of 1 percent;
(b) For a tax to establish and maintain a public transit system, for the construction, maintenance and repair of public roads, for the improvement of air quality or for any combination of those purposes, one-half of 1 percent; [or]
(c) For a tax to support the operation and maintenance of a county swimming pool, one-quarter of 1 percent; or
(d) For a tax to acquire, develop, construct, equip, operate, maintain, improve and manage libraries, parks, recreational programs and facilities, and facilities and services for senior citizens, and to preserve and protect agriculture, or for any combination of those purposes, one-quarter of 1 percent,
Κ of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in a county.
2. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
3. A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the ordinance.
4. A provision that the county shall contract before the effective date of the ordinance with the Department to perform all functions incident to the administration or operation of the tax in the county.
5. A provision that a purchaser is entitled to a refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required to be paid that is attributable to the tax imposed upon the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.
Sec. 17. NRS 377A.040 is hereby amended to read as follows:
377A.040 Any ordinance amending the taxing ordinance must include a provision in substance that the county shall amend the contract made under subsection 4 of NRS 377A.030 by a contract made between the county and the State acting by and through the Department before the effective date of the amendatory ordinance, unless the county determines with the written concurrence of the regional transportation commission, in the case of a tax imposed pursuant to paragraph (b) of subsection 1 of NRS 377A.030, or the county fair and recreation board, in the case of a tax imposed pursuant to paragraph (a) of subsection 1 of NRS 377A.030, that no such amendment of the contract is necessary or desirable.
κ2005 Statutes of Nevada, Page 1400 (CHAPTER 371, SB 170)κ
county fair and recreation board, in the case of a tax imposed pursuant to paragraph (a) of subsection 1 of NRS 377A.030, that no such amendment of the contract is necessary or desirable. Consent of another body is not required for the county to determine that no such amendment of the contract is necessary or desirable in the case of a tax imposed pursuant to paragraph (c) or (d) of subsection 1 of NRS 377A.030.
Sec. 18. NRS 377A.100 is hereby amended to read as follows:
377A.100 1. Each ordinance providing for the issuance of any bond or security issued under this chapter payable from the receipts of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 377A.030 may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon the receipts of the tax or upon the proceeds of any bond or security pending their application to defray the cost of establishing or operating a public transit system, constructing, maintaining or repairing public roads or improving air quality, or both tax proceeds and security proceeds, to secure the payment of any bond or security issued under this chapter.
2. Each ordinance providing for the issuance of any bond or security issued under this chapter payable from the receipts of the tax imposed pursuant to paragraph (d) of subsection 1 of NRS 377A.030 may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon:
(a) The receipts of the tax;
(b) The proceeds of any bond or security pending their application to defray the cost of acquiring, developing, constructing, equipping, operating, maintaining, improving and managing libraries, parks, recreational programs and facilities, and facilities and services for senior citizens, and for preserving and protecting agriculture, or for any combination of those purposes; or
(c) Both tax proceeds and security proceeds,
Κ to secure the payment of any bond or security issued under this chapter. The provisions of this subsection do not authorize the board of county commissioners of a county to obtain money to acquire, develop, construct, equip, operate, maintain, improve and manage recreational programs by the issuance of bonds.
3. Any money pledged to the payment of bonds or other securities pursuant to subsection 1 or 2 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.
Sec. 19. NRS 547.140 is hereby amended to read as follows:
547.140 [Where]
1. Except as otherwise provided in subsection 2, if two or more counties are included in and comprise an agricultural district, the boards of county commissioners of such counties are authorized to appropriate, out of the general fund of such counties, such money [or moneys] for the encouragement of such agricultural associations as the boards may, in their judgment, deem just and proper . [, but in]
2. In no case [shall such] may an appropriation described in subsection 1 exceed the sum of $1,500 in any 1 year [.] , unless the money so appropriated was obtained from the proceeds of a tax imposed pursuant to chapter 377A of NRS.
κ2005 Statutes of Nevada, Page 1401 (CHAPTER 371, SB 170)κ
Sec. 20. 1. This section and sections 1 to 13, inclusive, 15, 17, 18 and 19 of this act become effective on October 1, 2005.
2. Sections 13 and 15 of this act expire by limitation on December 31, 2005.
3. Sections 14 and 16 of this act become effective on January 1, 2006.
________
Senate Bill No. 107Senator Titus
CHAPTER 372
AN ACT relating to governmental administration; requiring certain state agencies to report information concerning capital improvements to the Legislature; requiring local governments to report information concerning capital improvements to the Legislature and the Department of Taxation; requiring the State Public Works Board to compile a report concerning projects of construction of state buildings that are financed by certain bonds or obligations; authorizing an additional date for the holding of budget hearings by certain local governments; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 331 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Chief shall, for each fiscal year, compile a report concerning the capital improvements owned, leased pursuant to a lease-purchase agreement or operated by the State.
2. The report of the capital improvements required pursuant to subsection 1 must be prepared in such detail as is required by generally accepted accounting principles.
3. The Chief shall submit, in any format including an electronic format, a copy of the report compiled pursuant to subsection 1 on or before February 1 of the year next succeeding the period to which the report pertains to the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature.
Sec. 2. NRS 331.010 is hereby amended to read as follows:
331.010 As used in NRS 331.010 to 331.145, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Buildings and Grounds Division means the Buildings and Grounds Division of the Department of Administration.
2. Chief means the Chief of the Buildings and Grounds Division.
3. Director means the Director of the Department of Administration.
Sec. 3. Chapter 341 of NRS is hereby amended to read as follows:
1. The Board shall, for each fiscal year, compile a report concerning projects of construction of state buildings that are financed by general obligation bonds, revenue bonds or medium-term obligations.
κ2005 Statutes of Nevada, Page 1402 (CHAPTER 372, SB 107)κ
2. The report required to be compiled pursuant to subsection 1 must include:
(a) The source and amount of money received from the bonds and obligations during the fiscal year;
(b) A list of the projects completed during the fiscal year, including, without limitation, any change in the estimated cost of such a project and any change in the date for completion for such a project; and
(c) A list of projects under construction, the estimated cost of each of those projects, the date for completion of each of those projects and any changes in the estimated cost or date for completion of those projects.
3. The Board shall submit, in any format including an electronic format, a copy of the report compiled pursuant to subsection 1 on or before February 1 of the year next succeeding the period to which the report pertains to the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature.
Sec. 4. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the records and inventory controls established and maintained pursuant to NRS 354.625, the governing body of each local government shall, for each fiscal year, compile a report concerning the capital improvements owned, leased or operated by the local government.
2. The report of the capital improvements required pursuant to subsection 1 must be prepared in such detail as is required by generally accepted accounting principles.
3. The governing body shall submit, in any format including an electronic format, a copy of the report compiled pursuant to subsection 1 on or before February 1 of the year next succeeding the period to which the report pertains to the Department of Taxation and the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature.
Sec. 5. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, and section 7 of this act may be cited as the Local Government Budget and Finance Act.
Sec. 6. NRS 354.5945 is hereby amended to read as follows:
354.5945 1. Except as otherwise provided in subsection [6,] 7, on or before July 1 of each year, each local government shall prepare, on a form prescribed by the Department of Taxation for use by local governments, a capital improvement plan for the fiscal year ending on June 30 of that year and the ensuing 5 fiscal years.
2. Each local government shall submit a copy of the capital improvement plan of the local government to the:
(a) Department of Taxation; [and]
(b) Debt management commission of the county in which the local government is located [.] ; and
(c) Director of the Legislative Counsel Bureau.
3. Each local government shall file a copy of the capital improvement plan of the local government for public record and inspection by the public in the offices of:
(a) The clerk or secretary of the governing body; and
(b) The county clerk.
4. The total amount of the expenditures contained in the capital improvement plan of the local government for the next ensuing fiscal year must equal the total amount of expenditures for capital outlay set forth in the final budget of the local government for each fund listed in that budget.
κ2005 Statutes of Nevada, Page 1403 (CHAPTER 372, SB 107)κ
must equal the total amount of expenditures for capital outlay set forth in the final budget of the local government for each fund listed in that budget.
5. The capital improvement plan must include the estimated or actual revenues and expenditures for each capital project and the estimated or actual date for completion of each capital project.
6. The capital improvement plan must reconcile the capital outlay in each fund in the final budget for the first year of the capital improvement plan to the final budget in the next ensuing fiscal year. The reconciliation must identify the minimum level of expenditure for items classified as capital assets in the final budget and the minimum level of expenditure for items classified as capital projects in the capital improvement plan. The reconciliation of capital outlay items in the capital improvement plan must be presented on forms created and distributed by the Department of Taxation.
[6.] 7. Local governments that are exempt from the requirements of the Local Government Budget and Finance Act pursuant to subsection 1 of NRS 354.475 are not required to file a capital improvement plan.
Sec. 7. NRS 354.596 is hereby amended to read as follows:
354.596 1. The officer charged by law shall prepare, or the governing body shall cause to be prepared, on appropriate forms prescribed by the Department of Taxation for the use of local governments, a tentative budget for the ensuing fiscal year. The tentative budget for the following fiscal year must be submitted to the county auditor and filed for public record and inspection in the office of:
(a) The clerk or secretary of the governing body; and
(b) The county clerk.
2. On or before April 15, a copy of the tentative budget must be submitted:
(a) To the Department of Taxation; and
(b) In the case of school districts, to the Department of Education.
3. At the time of filing the tentative budget, the governing body shall give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of the hearing to be published once in a newspaper of general circulation within the area of the local government not more than 14 nor less than 7 days before the date set for the hearing. The notice of public hearing must state:
(a) The time and place of the public hearing.
(b) That a tentative budget has been prepared in such detail and on appropriate forms as prescribed by the Department of Taxation.
(c) The places where copies of the tentative budget are on file and available for public inspection.
4. Budget hearings must be held:
(a) For county budgets, on the third Monday in May;
(b) For cities, on the third Tuesday in May;
(c) For school districts, on the third Wednesday in May; and
(d) For all other local governments, on the third Thursday in May [,] or the Friday immediately succeeding the third Thursday in May,
Κ except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.
5. The Department of Taxation shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days before the public hearing a written certificate of compliance or a written notice of lack of compliance.
κ2005 Statutes of Nevada, Page 1404 (CHAPTER 372, SB 107)κ
certificate of compliance or a written notice of lack of compliance. The written notice must indicate the manner in which the submitted documents fail to comply with law or appropriate regulations.
6. Whenever the governing body receives from the Department of Taxation a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.
Sec. 8. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board of Regents shall, for each fiscal year, compile a report concerning the capital improvements owned, leased or operated by the System.
2. The report of the capital improvements required pursuant to subsection 1 must be prepared in such detail as is required by generally accepted accounting principles.
3. The Board of Regents shall, on or before February 1 of each year, submit, in any format including an electronic format, a copy of the report compiled pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature.
________
Senate Bill No. 421Committee on Government Affairs
CHAPTER 373
AN ACT relating to meetings of public bodies; requiring all public bodies subject to the Open Meeting Law to make and retain an audio recording or transcript of each meeting, whether or not the meeting is public or closed; providing certain exceptions; requiring the Board of the Public Employees Benefits Program to post minutes of its meetings on its Internet website under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 241.035 is hereby amended to read as follows:
241.035 1. Each public body shall keep written minutes of each of its meetings, including:
(a) The date, time and place of the meeting.
(b) Those members of the body who were present and those who were absent.
(c) The substance of all matters proposed, discussed or decided and, at the request of any member, a record of each members vote on any matter decided by vote.
(d) The substance of remarks made by any member of the general public who addresses the body if he requests that the minutes reflect his remarks or, if he has prepared written remarks, a copy of his prepared remarks if he submits a copy for inclusion.
κ2005 Statutes of Nevada, Page 1405 (CHAPTER 373, SB 421)κ
(e) Any other information which any member of the body requests to be included or reflected in the minutes.
2. Minutes of public meetings are public records. Minutes or audiotape recordings of the meetings must be made available for inspection by the public within 30 working days after the adjournment of the meeting at which taken. The minutes shall be deemed to have permanent value and must be retained by the public body for at least 5 years. Thereafter, the minutes may be transferred for archival preservation in accordance with NRS 239.080 to 239.125, inclusive. Minutes of meetings closed pursuant to NRS 241.030 become public records when the body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was discussed has consented to their disclosure. That person is entitled to a copy of the minutes upon request whether or not they become public records.
3. All or part of any meeting of a public body may be recorded on audiotape or any other means of sound or video reproduction by a member of the general public if it is a public meeting so long as this in no way interferes with the conduct of the meeting.
4. [Each] Except as otherwise provided in subsection 6, a public body [may] shall, for each of its meetings, whether public or closed, record the meeting on audiotape or [any other] another means of sound reproduction [each of its meetings, whether public or closed.] or cause the meeting to be transcribed by a court reporter who is certified pursuant to chapter 656 of NRS. If a public body makes an audio recording of a meeting [is so recorded:
(a) The record must] or causes a meeting to be transcribed pursuant to this subsection, the audio recording or transcript:
(a) Must be retained by the public body for at least 1 year after the adjournment of the meeting at which it was recorded [.
(b) The record of a public meeting] or transcribed;
(b) Except as otherwise provided in this section, is a public record and must be made available for inspection by the public during the time the [record] recording or transcript is retained [.
Κ Any record made pursuant to this subsection must] ; and
(c) Must be made available to the Attorney General upon request.
5. [If a public body elects to record a public meeting pursuant to the provisions of subsection 4,] Except as otherwise provided in subsection 6, any portion of [that] a public meeting which is closed must also be recorded or transcribed and the recording or transcript must be retained and made available for inspection pursuant to the provisions of subsection 2 relating to records of closed meetings. Any [record] recording or transcript made pursuant to this subsection must be made available to the Attorney General upon request.
6. If a public body makes a good faith effort to comply with the provisions of subsections 4 and 5 but is prevented from doing so because of factors beyond the public bodys reasonable control, including, without limitation, a power outage, a mechanical failure or other unforeseen event, such failure does not constitute a violation of the provisions of this chapter.
Sec. 2. NRS 1A.100 is hereby amended to read as follows:
1A.100 1. A system of retirement providing benefits for the retirement, disability or death of all justices of the Supreme Court and district judges and funded on an actuarial reserve basis is hereby established and must be known as the Judicial Retirement System.
κ2005 Statutes of Nevada, Page 1406 (CHAPTER 373, SB 421)κ
judges and funded on an actuarial reserve basis is hereby established and must be known as the Judicial Retirement System.
2. The System consists of the Judicial Retirement Plan and the provisions set forth in NRS 2.060 to 2.083, inclusive, and 3.090 to 3.099, inclusive, for providing benefits to justices of the Supreme Court or district judges who served either as a justice of the Supreme Court or district judge before November 5, 2002. Each justice of the Supreme Court or district judge who is not a member of the Public Employees Retirement System is a member of the System.
3. The official correspondence and records, other than the files of individual members of the System or retired justices or judges, and , except as otherwise provided in NRS 241.035, the minutes , audio recordings, transcripts and books of the System are public records and are available for public inspection.
4. The System must be administered exclusively by the Board, which shall make all necessary rules and regulations for the administration of the System. The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law. The Legislature shall regularly review the System.
Sec. 3. NRS 231.090 is hereby amended to read as follows:
231.090 The Executive Director of the Commission on Economic Development shall direct and supervise all its administrative and technical activities, including coordinating its plans for economic development, promoting the production of motion pictures, scheduling the Commissions programs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to economic development. In addition to other powers and duties, the Executive Director:
1. Shall attend all meetings of the Commission and act as its Secretary, keeping minutes and audio recordings or transcripts of its proceedings.
2. Shall report regularly to the Commission concerning the administration of its policies and programs.
3. Shall report annually to the Governor and the Commission regarding the work of the Commission and may make such special reports as he considers desirable to the Governor.
4. May perform any other lawful acts which he considers desirable to carry out the provisions of NRS 231.020 to 231.130, inclusive.
Sec. 4. NRS 231.220 is hereby amended to read as follows:
231.220 The Executive Director of the Commission on Tourism shall direct and supervise all its administrative and technical activities, including coordinating its plans for tourism and publications, scheduling its programs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to travel and tourism. In addition to other powers and duties, the Executive Director:
1. Shall attend all meetings of the Commission and act as its Secretary, keeping minutes and audio recordings or transcripts of its proceedings.
2. Shall report regularly to the Commission concerning the administration of its policies and programs.
3. Shall serve as the Director of the Division of Tourism.
4. Shall appoint the Administrator of the Division of Publications.
κ2005 Statutes of Nevada, Page 1407 (CHAPTER 373, SB 421)κ
5. May perform any other lawful acts which he considers necessary to carry out the provisions of NRS 231.160 to 231.360, inclusive.
Sec. 5. NRS 233A.065 is hereby amended to read as follows:
233A.065 The Executive Director of the Commission shall:
1. Be jointly responsible to the Governor and the Commission.
2. Direct and supervise all the technical and administrative activities of the Commission.
3. Attend all Commission meetings and act as Secretary, keeping minutes and audio recordings or transcripts of the proceedings.
4. Report to the Governor and the Commission all matters concerning the administration of his office. He shall request the advice of the Commission regarding matters of policy, but he is responsible, unless otherwise provided by law, for the conduct of the administrative functions of the Commission office.
5. Compile, for Commission approval and submission to the Governor, a biennial report regarding the work of the Commission and such other matters as he may consider desirable.
6. Serve as contracting officer to receive funds from the Federal Government or other sources for such studies as the Commission deems necessary.
7. Attend all meetings of any special study committee appointed by the Governor pursuant to this chapter and act as Secretary, keeping minutes and audio recordings or transcripts of the proceedings.
8. Perform any lawful act which he considers necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 6. NRS 233B.061 is hereby amended to read as follows:
233B.061 1. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing.
2. Before holding the public hearing required pursuant to subsection 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation. Not less than 15 days before the workshop, the agency shall provide notice of the time and place set for the workshop:
(a) In writing to each person who has requested to be placed on a mailing list; and
(b) In any other manner reasonably calculated to provide such notice to the general public and any business that may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.
3. With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.
4. The agency shall keep, retain and make available for public inspection written minutes and an audio recording or transcript of each public hearing held pursuant to subsection 3 in the manner provided in [subsections 1 and 2 of NRS 241.035.
κ2005 Statutes of Nevada, Page 1408 (CHAPTER 373, SB 421)κ
5. The agency may record each public hearing held pursuant to subsection 3 and make those recordings available for public inspection in the manner provided in subsection 4 of] NRS 241.035.
Sec. 7. NRS 244A.611 is hereby amended to read as follows:
244A.611 1. The board shall choose one of its members as chairman and one of its members as vice chairman, and shall elect a secretary and a treasurer, who may be members of the board. The secretary and the treasurer may be one person.
2. The secretary shall keep [,] audio recordings or transcripts of all meetings and, in a well-bound book, a record of all of the proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the board. [The] Except as otherwise provided in NRS 241.035, the minute book , audio recordings, transcripts and records [shall] must be open to the inspection of all owners of real property in the county as well as to all other interested persons, at all reasonable times and places.
3. The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the board and the county. He shall file with the county clerk, at county expense, a corporate fidelity bond in an amount not less than $5,000, conditioned for the faithful performance of his duties.
Sec. 8. NRS 266.250 is hereby amended to read as follows:
266.250 1. The deliberations, sessions and proceedings of the city council must be public.
2. The city council shall keep written minutes and audio recordings or transcripts of its own proceedings as required pursuant to NRS 241.035. The yeas and nays 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 must be entered in the minutes of its proceedings.
3. The affirmative vote of a majority of all the members elected to the city council is necessary to pass any such ordinance or proposition.
Sec. 9. NRS 278.290 is hereby amended to read as follows:
278.290 1. Meetings of the board [shall] must be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board [shall] must be open to the public.
2. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to NRS 278.010 to 278.630, inclusive.
3. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and audio recordings or transcripts of its proceedings, and shall keep records of its examinations and other official actions, all of which [shall] must be filed immediately in the office of the board and [shall be a public record.] , except as otherwise provided in NRS 241.035, are public records.
Sec. 10. NRS 284.050 is hereby amended to read as follows:
284.050 1. The Governor shall designate one of the members of the Commission as Chairman of the Commission.
κ2005 Statutes of Nevada, Page 1409 (CHAPTER 373, SB 421)κ
2. The Director shall act as the nonvoting recording Secretary of the Commission. He shall keep the minutes and audio recordings or transcripts of the proceedings of the Commission.
Sec. 11. NRS 284.055 is hereby amended to read as follows:
284.055 1. The members of the Commission may meet at the times and places specified by the call of the Chairman or a majority of the Commission, but a meeting of the Commission must be held regularly at least once every 3 months.
2. Three members of the Commission constitute a quorum. A quorum may exercise any power conferred on the Commission, but no regulations may be adopted, amended or rescinded except by a majority vote of the entire membership of the Commission.
3. The Commission shall keep minutes and audio recordings or transcripts of the transactions of each meeting. [The] Except as otherwise provided in NRS 241.035, the minutes , audio recordings and transcripts are public records and must be filed with the Department.
Sec. 12. NRS 286.110 is hereby amended to read as follows:
286.110 1. A system of retirement providing benefits for the retirement, disability or death of employees of public employers and funded on an actuarial reserve basis is hereby established and must be known as the Public Employees Retirement System. The System is a public agency supported by administrative fees transferred from the retirement funds. The Executive and Legislative Departments of the State Government shall regularly review the System.
2. The System is entitled to use any services provided to state agencies and shall use the services of the Purchasing Division of the Department of Administration, but is not required to use any other service. The purpose of this subsection is to provide to the Board the necessary autonomy for an efficient and economic administration of the System and its program.
3. The official correspondence and records, other than the files of individual members or retired employees, and , except as otherwise provided in NRS 241.035, the minutes , audio recordings, transcripts and books of the System are public records and are available for public inspection.
4. The respective participating public employers are not liable for any obligation of the System.
Sec. 12.5. NRS 287.0415 is hereby amended to read as follows:
287.0415 1. A majority of the members of the Board constitutes a quorum for the transaction of business.
2. The Governor shall designate one of the members of the Board to serve as the Chairman.
3. The Board shall meet at least once every calendar quarter and at other times upon the call of the Chairman.
4. The Board may meet in closed session:
(a) To discuss matters relating to personnel;
(b) To prepare a request for a proposal or other solicitation for bids to be released by the Board for competitive bidding; or
(c) As otherwise provided pursuant to chapter 241 of NRS.
5. Except as otherwise provided in this subsection, if the Board causes a meeting to be transcribed by a court reporter who is certified pursuant to chapter 656 of NRS, the Board shall post a transcript of the meeting on its Internet website not later than 30 days after the meeting. The Board shall post a transcript of a closed session of the Board on its Internet website when the Board determines that the matters discussed no longer require confidentiality and, if applicable, the person whose character, conduct, competence or health was discussed in the closed session has consented to the posting.
κ2005 Statutes of Nevada, Page 1410 (CHAPTER 373, SB 421)κ
when the Board determines that the matters discussed no longer require confidentiality and, if applicable, the person whose character, conduct, competence or health was discussed in the closed session has consented to the posting.
6. As used in this section, request for a proposal has the meaning ascribed to it in subsection 8 of NRS 333.020.
Sec. 13. NRS 287.0438 is hereby amended to read as follows:
287.0438 Except for the files of individual members and former members, the correspondence, files, minutes , audio recordings, transcripts and books of the Program are , except as otherwise provided in NRS 241.035, public records.
Sec. 14. NRS 318.085 is hereby amended to read as follows:
318.085 Except as otherwise provided in NRS 318.0953 and 318.09533:
1. After taking oaths and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.
2. The board shall adopt a seal.
3. The secretary shall keep [,] audio recordings or transcripts of all meetings and, in a well-bound book, a record of all of the boards proceedings, minutes of all meetings, any certificates, contracts, bonds given by employees and all corporate acts. [This] Except as otherwise provided in NRS 241.035, the book , audio recordings, transcripts and records must be open to inspection of all owners of real property in the district as well as to all other interested persons.
4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records. He shall file with the county clerk, at the expense of the district, a corporate surety bond in an amount not more than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of the duties of his office. Any other officer or trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection. The board of county commissioners may, upon good cause shown, increase or decrease the amount of that bond.
5. Each member of a board of trustees of a district organized or reorganized pursuant to this chapter may receive as compensation for his service not more than $6,000 per year, payable monthly, if the budget is adequate and a majority of the members of the board vote in favor of such compensation, but no member of the board may receive any other compensation for his service to the district as an employee or otherwise. A member of the board is not entitled to receive as compensation more than $1,800 per year if the additional compensation is approved during the term of the member.
Sec. 15. NRS 360.130 is hereby amended to read as follows:
360.130 1. The Executive Director shall:
(a) Keep audio recordings or transcripts of all meetings and full and correct records of all transactions and proceedings of the Nevada Tax Commission, the State Board of Equalization and the Department.
(b) Perform such other duties as may be required.
κ2005 Statutes of Nevada, Page 1411 (CHAPTER 373, SB 421)κ
2. The Nevada Tax Commission shall have the power to authorize the Executive Director or any other officer of the Department to hold hearings or make investigations, and upon any such hearing the Executive Director or officer shall have the authority to examine books, compel the attendance of witnesses, administer oaths and conduct investigations.
Sec. 16. NRS 361.365 is hereby amended to read as follows:
361.365 1. Each county board of equalization shall, at the expense of the county, cause complete minutes and an audio recording or transcript to be taken at each hearing. [These] In addition to the requirements of NRS 241.035, these minutes must include the title of all exhibits, papers, reports and other documentary evidence submitted to the county board of equalization by the complainant. The clerk of the county board of equalization shall forward the minutes and audio recordings or transcripts to the Secretary of the State Board of Equalization.
2. If a transcript of any hearing held before the county board of equalization is requested by the complainant, he shall furnish the reporter, pay for the transcript and deliver a copy of the transcript to the clerk of the county board of equalization and the Secretary of the State Board of Equalization upon filing an appeal.
Sec. 17. NRS 380.050 is hereby amended to read as follows:
380.050 1. The members of the board of law library trustees shall appoint one of their number as president.
2. They shall elect a secretary who shall:
(a) Keep a full statement and account of all property, money, receipts and expenditures of the board, unless the board delegates that duty.
(b) Keep a record , [and] full minutes in writing and an audio recording or transcript of all proceedings of the board. The secretary may certify to such proceedings, or any part thereof, under his hand.
3. The board of law library trustees, by a majority vote recorded in the minutes with ayes and noes at length, may:
(a) Define the powers and prescribe the duties of any and all officers;
(b) Determine the number and elect all necessary subordinate officers and assistants;
(c) Remove, at its pleasure, any officer or assistant; and
(d) Fix the salaries of the secretary and other subordinate officers and assistants.
Sec. 18. NRS 384.070 is hereby amended to read as follows:
384.070 1. The Commission may establish and maintain an office in Virginia City, Storey County, Nevada, in which , except as otherwise provided in NRS 241.035, there [shall] must be at all times open to public inspection a complete record of applications for certificates of appropriateness and their disposition, minutes and audio recordings or transcripts of the Commissions meetings, and any regulations adopted by the Commission.
2. The Commission shall maintain a library in the office for the purpose of guiding applicants in their design or embellishment of the exterior of their buildings, new or remodeled. The library [shall] must consist of, but not be limited to, documents, paintings, photographs, drawings and histories descriptive of the period which are deemed appropriate guidelines to the applicant. A card index system [shall] must also be made and maintained for reference to more comprehensive information in libraries other than the one maintained by the Commission.
κ2005 Statutes of Nevada, Page 1412 (CHAPTER 373, SB 421)κ
Sec. 19. NRS 386.325 is hereby amended to read as follows:
386.325 The clerk shall:
1. Keep the minutes and audio recordings or transcripts of all meetings and transactions of the board of trustees.
2. Subject to the written direction of the board of trustees, draw all orders for the payment of [moneys] money belonging to the school district.
Sec. 20. NRS 417.160 is hereby amended to read as follows:
417.160 1. The Nevada Veterans Services Commission shall annually choose one of its members to serve as Chairman and one of its members to serve as Vice Chairman.
2. The Executive Director shall provide for the preparation and maintenance of written minutes for and audio recordings or transcripts of each meeting of the Veterans Services Commission.
3. Members of the Veterans Services Commission are entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the Executive Director, while engaged in the business of the Commission.
(b) A subsistence allowance of not more than $56 per day, as fixed by the Executive Director, and actual expenses for transportation, while traveling on business of the Commission.
Sec. 21. NRS 422.110 is hereby amended to read as follows:
422.110 1. The members of the Board shall meet at least twice each calendar year to consider any issues related to public assistance and other programs for which the Welfare Division is responsible that may be of importance to members of the general public, the Governor or the Welfare Division, at such places as the Board, the Chairman of the Board, the State Welfare Administrator or the Director deems appropriate.
2. Four members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board.
3. The Board shall:
(a) At least 14 days before the date it holds a meeting, provide public notice of the date, time and location of the meeting, in addition to the notice required pursuant to NRS 241.020.
(b) Keep minutes of all meetings of the Board, which must include records of testimony and written comments presented to the Board, and audio recordings or transcripts of all meetings of the Board and file the minutes and audio recordings or transcripts with the Welfare Division. [The] Except as otherwise provided in NRS 241.035, the minutes and audio recordings or transcripts must be maintained as public records.
Sec. 22. NRS 422.224 is hereby amended to read as follows:
422.224 1. Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the Welfare Division is responsible, the State Welfare Administrator shall give at least 30 days notice of his intended action.
2. The notice of intent to act upon a regulation must:
(a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.
κ2005 Statutes of Nevada, Page 1413 (CHAPTER 373, SB 421)κ
(b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.
(c) State each address at which the text of the proposed regulation may be inspected and copied.
(d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the State Welfare Administrator for that purpose.
3. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. The State Welfare Administrator shall consider fully all oral and written submissions relating to the proposed regulation.
4. The State Welfare Administrator shall keep, retain and make available for public inspection written minutes and an audio recording or transcript of each public hearing held pursuant to this section in the manner provided in [subsections 1 and 2 of NRS 241.035.
5. The State Welfare Administrator may record each public hearing held pursuant to this section and make those recordings available for public inspection in the manner provided in subsection 4 of] NRS 241.035.
[6.] 5. No objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date.
Sec. 23. NRS 422.2369 is hereby amended to read as follows:
422.2369 1. Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the Division of Health Care Financing and Policy is responsible, the Administrator shall give at least 30 days notice of his intended action.
2. The notice of intent to act upon a regulation must:
(a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.
(b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.
(c) State each address at which the text of the proposed regulation may be inspected and copied.
(d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Administrator for that purpose.
3. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. The Administrator shall consider fully all oral and written submissions relating to the proposed regulation.
4. The Administrator shall keep, retain and make available for public inspection written minutes and an audio recording or transcript of each public hearing held pursuant to this section in the manner provided in [subsections 1 and 2 of NRS 241.035.
5. The Administrator may record each public hearing held pursuant to this section and make those recordings available for public inspection in the manner provided in subsection 4 of] NRS 241.035.
κ2005 Statutes of Nevada, Page 1414 (CHAPTER 373, SB 421)κ
[6.] 5. An objection to any regulation on the ground of noncompliance with the procedural requirements of this section may not be made more than 2 years after its effective date.
Sec. 24. NRS 451.370 is hereby amended to read as follows:
451.370 The Committee shall keep full and complete minutes and an audio recording or transcript of each meeting of the Committee and a complete record of all dead human bodies received and distributed by it and of the persons to whom the bodies may be distributed. The minutes , audio recordings, transcripts and records must be open at all times to the inspection of each member of the Committee and of the district attorney of any county within the State. A report of the activities of the Committee must be made before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the Presidents of the University and Community College System of Nevada and to the State Board of Health. One of the members of the Committee from the University and Community College System of Nevada must act as Secretary and [shall be] is responsible for preparing and maintaining a complete file of such minutes , audio recordings, transcripts and records.
Sec. 25. NRS 497.220 is hereby amended to read as follows:
497.220 1. The board of adjustment shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created.
2. Meetings of the board [shall] must be held at the call of the chairman and at such other times as the board may determine.
3. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.
4. All hearings of the board [shall] must be public.
5. The board shall:
(a) Keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact [.] , and audio recordings or transcripts of its proceedings.
(b) Keep records of its examinations and other official actions, all of which [shall] must immediately be filed in the office of the board and [shall be a public record.] are public records.
Sec. 26. NRS 513.043 is hereby amended to read as follows:
513.043 1. The members of the Commission shall select a Chairman from among their number who shall serve at the pleasure of the Commission.
2. The Administrator shall serve as Secretary of the Commission and shall keep the minutes and audio recordings or transcripts of its proceedings.
Sec. 27. NRS 513.053 is hereby amended to read as follows:
513.053 1. The Commission shall meet at such times and at such places as is specified by the call of the Chairman or a majority of the Commission, but a meeting of the Commission must be held at least once every 4 months. In case of emergency, special meetings may be called by the Chairman or by the Administrator.
2. Four members of the Commission constitute a quorum for transacting the business of the Commission.
3. The minutes and audio recordings or transcripts of each meeting of the Commission must be filed with the Division.
Sec. 28. NRS 541.110 is hereby amended to read as follows:
541.110 1. Each director before entering upon his official duties shall take and subscribe to an oath, before a person authorized to administer oaths, that he will support the Constitutions of the United States and the State of Nevada and will honestly, faithfully and impartially perform the duties of his office.
κ2005 Statutes of Nevada, Page 1415 (CHAPTER 373, SB 421)κ
that he will support the Constitutions of the United States and the State of Nevada and will honestly, faithfully and impartially perform the duties of his office.
2. Upon taking oath, the board shall choose one of their number chairman of the board and president of the district, and shall elect some suitable person secretary of the board and of the district, who may or may not be a member of the board. The board shall adopt a seal and shall keep audio recordings or transcripts of all meetings and, in a well-bound book , a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which , except as otherwise provided in NRS 241.035, must be open to inspection of all owners of property in the district, as well as to all other interested persons.
3. Each member of the board is entitled to receive as compensation for his service such sum as may be ordered by the board, not in excess of the sum of $80 per day and actual traveling expenses for each day spent attending meetings of the board or while engaged in official business under the order of the board.
Sec. 29. NRS 543.330 is hereby amended to read as follows:
543.330 1. The board shall meet in July of each year to organize and choose one of its members as chairman of the board and president of the district, and elect a secretary of the board and of the district, who may or may not be a member of the board.
2. The county treasurer is the treasurer of the board and of the district.
3. The secretary shall keep [,] audio recordings or transcripts of all meetings and, in a well-bound book, a record of all of the boards proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which , except as otherwise provided in NRS 241.035, must be open to inspection by all owners of real property in the district as well as other interested persons.
4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district [,] in permanent records.
5. No member of the board may receive compensation for his services, but members may be reimbursed for their necessary expenses in attending district meetings and for necessary expenses incurred in traveling within and without the State when required to carry out the affairs of the district.
Sec. 30. NRS 561.085 is hereby amended to read as follows:
561.085 1. The Board shall elect one of its members as Chairman of the Board.
2. The Director shall act as the nonvoting recording Secretary of the Board and shall keep the minutes and audio recordings or transcripts of the proceedings of the Board.
Sec. 31. NRS 561.095 is hereby amended to read as follows:
561.095 1. The members of the Board may meet at such times and at such places as may be specified by the call of the Chairman or a majority of the Board , and a meeting of the Board may be held regularly at least once every 3 months. In case of an emergency, special meetings may be called by the Chairman or by the Director.
2. Six members of the Board constitute a quorum. A quorum may exercise all the authority conferred on the Board.
κ2005 Statutes of Nevada, Page 1416 (CHAPTER 373, SB 421)κ
3. Minutes and audio recordings or transcripts of each meeting, regular or special, must be filed with the Department and , except as otherwise provided in NRS 241.035, are public records.
Sec. 32. NRS 590.505 is hereby amended to read as follows:
590.505 1. The Board may adopt a seal for its own use which must have imprinted thereon the words Board for the Regulation of Liquefied Petroleum Gas. The care and custody of the seal is the responsibility of the Secretary-Treasurer of the Board.
2. The Board may appoint an Executive Secretary and may employ or, pursuant to NRS 284.173, contract with such other technical, clerical or investigative personnel as it deems necessary. The Board shall fix the compensation of the Executive Secretary and all other employees and independent contractors. Such compensation must be paid out of the money of the Board. The Board may require the Executive Secretary and any other employees and independent contractors to give a bond to the Board for the faithful performance of their duties, the premiums on the bond being paid out of the money of the Board.
3. In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and holding its regular or special meetings, the Board:
(a) Shall adopt written policies setting forth procedures and methods of operation for the Board.
(b) May adopt such regulations as it deems necessary.
4. The Board shall submit to the Legislature and the Governor a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of that year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the Board during the period and any complaints received by the Board.
5. The Board shall keep accurate records , [and] minutes and audio recordings or transcripts of all meetings and , except as otherwise provided in NRS 241.035, the records , [and] minutes , audio recordings and transcripts so kept must be open to public inspection at all reasonable times. The Board shall also keep a record of all applications for licenses [,] and licenses issued by it. The record of applications and licenses is a public record.
Sec. 33. Section 3.040 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1221, is hereby amended to read as follows:
Sec. 3.040 City Clerk: Office; duties. The City Clerk shall:
1. Keep his office at the place of meeting of the City Council or some other place convenient thereto, as the City Council may direct.
2. Keep the corporate seal and all papers and records of the City and keep a record of the proceedings of, and be the Clerk of the City Council, whose meetings it shall be his duty to attend. Copies of all papers filed in his office, and transcripts from all records of the City Council certified by him, under the corporate seal, shall be evidence in all courts to the same effect as if the original were produced.
3. Supervise and coordinate administrative and responsible clerical work relating to the functions of the City Council.
4. Attend all meetings of the City Council.
5. Record votes of members of the City Council.
κ2005 Statutes of Nevada, Page 1417 (CHAPTER 373, SB 421)κ
6. Direct the transcription and keeping of minutes and official records and the making and keeping of audio recordings or transcripts of all City Council meetings.
7. Countersign official contracts, bonds and other official City documents.
8. Be the custodian of all official City records, including contract and agreement documents, resolutions, ordinances, official minute book and the corporate seal.
9. Make arrangements for special or informal meetings other than the regular meetings of the City Council.
10. Supervise the operation and maintenance of a central file system for all departments of the City.
11. Supervise the recruitment of all election workers, the printing of all ballots and tally of election returns.
12. Serve as custodian of official election records for all City elections.
13. Administer official oaths for the City.
Sec. 34. Section 7 of the Airport Authority Act for Battle Mountain, being chapter 458, Statutes of Nevada 1983, at page 1210, is hereby amended to read as follows:
Sec. 7. 1. The Board shall elect a Chairman, Vice Chairman, Secretary and Treasurer, who must be members of the Board. The Secretary and the Treasurer may be one person. The terms of the officers expire on the date their successors are elected and qualified in the general election.
2. The Secretary shall keep [,] audio recordings or transcripts of all meetings of the Board and, in a well-bound book, a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. [The] Except as otherwise provided in NRS 241.035, the minute book , audio recordings, transcripts and records must be open to the inspection of all interested persons, at all reasonable times and places.
3. The Treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board and the Authority. He shall file with the County Clerk, at Authority expense, a corporate fidelity bond in an amount not less than $25,000, conditioned for the faithful performance of his duties.
Sec. 35. Section 6 of the Airport Authority Act for Carson City, being chapter 844, Statutes of Nevada 1989, at page 2026, is hereby amended to read as follows:
Sec. 6. 1. The Board shall elect a Chairman, Vice Chairman, Secretary and Treasurer from its members. The Secretary and the Treasurer may be one person. The terms of the officers expire on July 1 of each odd-numbered year.
2. The Secretary shall keep audio recordings or transcripts of all meetings of the Board and a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. [The] Except as otherwise provided in NRS 241.035, the records must be open to the inspection of all interested persons, at a reasonable time and place.
κ2005 Statutes of Nevada, Page 1418 (CHAPTER 373, SB 421)κ
3. The Treasurer shall keep an accurate account of all money received by and disbursed on behalf of the Board and the Authority. He shall file with the Clerk of Carson City, at the expense of the Authority, a fidelity bond in an amount not less than $10,000, conditioned for the faithful performance of his duties.
Sec. 36. Section 7 of the Airport Authority Act for Washoe County, being chapter 474, Statutes of Nevada 1977, as last amended by chapter 413, Statutes of Nevada 2001, at page 2043, is hereby amended to read as follows:
Sec. 7. 1. The Board shall choose one of its members as Chairman and one of its members as Vice Chairman, and shall elect a Secretary and a Treasurer, who may be members of the Board. The Secretary and the Treasurer may be one person. The terms of the officers expire on July 1 of each year.
2. Chairmen must be selected from trustees appointed by the participating local governments in the following order:
(a) The City of Reno;
(b) The City of Sparks;
(c) Washoe County; and
(d) The County Fair and Recreation Board of Washoe County.
3. The Secretary shall keep [,] audio recordings or transcripts of all meetings of the Board and, in a well-bound book, a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. [The] Except as otherwise provided in NRS 241.035, the minute book , audio recordings, transcripts and records must be open to the inspection of all interested persons, at all reasonable times and places.
4. The Treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board and the Authority. He shall file with the County Clerk, at Authority expense, a corporate fidelity bond in an amount not less than $25,000, conditioned for the faithful performance of his duties.
Sec. 37. Section 9 of the Elko Convention and Visitors Authority Act, being chapter 227, Statutes of Nevada 1975, as last amended by chapter 466, Statutes of Nevada 1991, at page 1363, is hereby amended to read as follows:
Sec. 9. 1. The Board shall adopt a seal, establish a principal place of business and adopt, and thereafter from time to time amend, if necessary, appropriate rules and regulations not inconsistent with this act for carrying on the business and affairs of the Board and of the Authority. Each member shall, upon election or acceptance of his appointment, file with the Clerk of Elko County his oath of office.
2. No member may receive any compensation as an employee of the Board or otherwise, and a member of the Board shall not be interested in any contract or transaction with the Board except in his official representative capacity.
3. At the first meeting of the Board following each general authority election, the Board shall choose one of its members as Chairman and one of its members as Vice Chairman, and shall appoint or hire a Secretary and a Treasurer, who must not be members of the Board.
κ2005 Statutes of Nevada, Page 1419 (CHAPTER 373, SB 421)κ
appoint or hire a Secretary and a Treasurer, who must not be members of the Board. The Secretary and Treasurer may not be one person.
4. The Secretary shall keep audio recordings or transcripts of all meetings of the Board and a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. [The] Except as otherwise provided in NRS 241.035, the minute book , audio recordings, transcripts and records are open to the inspection of all interested persons, at all reasonable times and places.
5. The Treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board. The Treasurer shall file with the County Clerk, at the Authoritys expense, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of the Treasurer.
6. The Board shall appoint the Elko County Treasurer and Auditor to act as Treasurer and Auditor of the Authority. The Treasurer and Auditor may employ such persons as are necessary to carry out the duties of the Treasurer and Auditor of the Authority. The Board shall determine the salary of each person employed pursuant to this subsection. The salaries and expenses of the employees must be paid by the Board from the money of the Authority.
7. The Board shall meet regularly at a time and in a place to be designated by it. Special meetings may be held as often as the needs of the Board require, on notice to each Board member.
8. The Board may require from an officer or employee of the Authority, except a member of the Board, sufficient security for the faithful and honest performance of his duties. A blanket fidelity bond or blanket position bond, or other type of bond suitable for public employees or officers, may be furnished at the expense of the Authority for an officer or employee of the Authority, in an amount set by the Board and conditioned on the faithful and honest performance of his duties.
Sec. 38. Section 4 of the Nevada Commission for the Reconstruction of the V & T Railway Act of 1993, being chapter 566, Statutes of Nevada 1993, as amended by chapter 42, Statutes of Nevada 2001, at page 401, is hereby amended to read as follows:
Sec. 4. 1. Each commissioner appointed pursuant to paragraph (b), (c), (d) or (e) of subsection 1 of section 3 of this act shall file his oath of office with the clerk of the county from which he was appointed, and all other commissioners shall file their oaths of office with the Clerk of Carson City.
2. The commissioners must serve without compensation, but a Commissioner may be reimbursed for expenses actually incurred by him for travel authorized by the Commission.
3. The Commission shall elect a Chairman, Vice Chairman, Secretary and Treasurer from among its members. The Secretary and the Treasurer may be one person. The terms of the officers expire on July 1 of each odd-numbered year.
4. The Secretary shall maintain audio recordings or transcripts of all meetings of the Commission and a record of all of the proceedings of the Commission, minutes of all meetings, certificates, contracts and other acts of the Commission.
κ2005 Statutes of Nevada, Page 1420 (CHAPTER 373, SB 421)κ
contracts and other acts of the Commission. [The] Except as otherwise provided in NRS 241.035, the records must be open to the inspection of all interested persons at a reasonable time and place.
5. The Treasurer shall keep an accurate account of all money received by and disbursed on behalf of the Commission. He shall file with the Clerk of Carson City, at the expense of the Commission, a fidelity bond in an amount not less than $10,000, conditioned for the faithful performance of his duties.
Sec. 39. Section 5 of the Nevada Commission for the Reconstruction of the V & T Railway Act of 1993, being chapter 566, Statutes of Nevada 1993, at page 2327, is hereby amended to read as follows:
Sec. 5. 1. The Commission shall meet upon the call of the Chairman or a majority of the commissioners.
2. A majority of the commissioners constitutes a quorum at any meeting.
3. The governing bodies shall each make available an appropriate meeting room and provide adequate clerical staff and equipment to provide adequate notice of the meeting and to produce minutes and audio recordings or transcripts of the meeting and any other assistance necessary to allow the Commission to comply with the provisions of chapter 241 of NRS.
4. The Commission shall alternate the location of its meetings among the facilities provided pursuant to subsection 3.
5. A commissioner is not personally liable for any actions taken or omitted in good faith in the performance of his duties pursuant to the provisions of this act.
Sec. 40. Section 19 of the Regional Business Development Advisory Council for Clark County Act, being chapter 7, Statutes of Nevada 2003, 20th Special Session, at page 269, is hereby amended to read as follows:
Sec. 19. The Secretary of the Council shall:
1. Record the minutes of each meeting of the Council;
2. Record the attendance at each meeting of the Council; and
3. Maintain the records , [and] minutes and audio recordings or transcripts of the Council.
Sec. 41. This act becomes effective on July 1, 2005.
________
Senate Bill No. 32Committee on Human Resources and Education
CHAPTER 374
AN ACT relating to the University and Community College System of Nevada; providing for the applicability of certain policies established by the Board of Regents in determining residency for purposes of eligibility for free tuition and certain student loans; lengthening certain minimum periods of residency required for students at institutions of the System to qualify for free tuition; expanding the categories of persons who are entitled to receive free tuition; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
κ2005 Statutes of Nevada, Page 1421 (CHAPTER 374, SB 32)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.540 is hereby amended to read as follows:
396.540 1. For the purposes of this section:
(a) Bona fide resident shall be construed in accordance with the provisions of NRS 10.155 [.] and policies established by the Board of Regents, to the extent that those policies do not conflict with any statute. The qualification bona fide is intended to assure that the residence is genuine and established for purposes other than the avoidance of tuition.
(b) Matriculation has the meaning ascribed to it in regulations adopted by the Board of Regents.
(c) Tuition charge means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.
2. The Board of Regents may fix a tuition charge for students at all campuses of the [University of Nevada] System, but tuition [shall] must be free to:
(a) All students whose families [are] have been bona fide residents of the State of Nevada [;] for at least 12 months prior to the matriculation of the student at a university, state college or community college within the System;
(b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least [6] 12 months prior to their matriculation at a university, state college or community college within the [university;] System;
(c) All public school teachers who are employed full time by school districts in the State of Nevada; [and]
(d) All full-time teachers in private elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS [.] ;
(e) Employees of the System who take classes other than during their regular working hours; and
(f) Members of the Armed Forces of the United States.
3. In its discretion, the Board of Regents may grant tuitions free each [university] semester to other worthwhile and deserving students from other states and foreign countries, in a number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.
Sec. 2. NRS 396.890 is hereby amended to read as follows:
396.890 1. The Board of Regents may administer, directly or through a designated officer or employee of the System, a program to provide loans for fees, books and living expenses to students in the nursing programs of the System.
2. Each student to whom a loan is made must:
(a) Have been a bona fide resident of Nevada, as that term is defined in NRS 396.540 , [;] for at least 6 months [before his matriculation] prior to the matriculation of the student in the System [;] , as that term is defined pursuant to NRS 396.540;
κ2005 Statutes of Nevada, Page 1422 (CHAPTER 374, SB 32)κ
(b) Be enrolled at the time the loan is made in a nursing program of the System for the purpose of becoming a licensed practical nurse or registered nurse;
(c) Fulfill all requirements for classification as a full-time student showing progression towards completion of the program; and
(d) Maintain at least a 2.00 grade-point average in each class and at least a 2.75 overall grade-point average, on a 4.0 grading scale.
3. Each loan must be made upon the following terms:
(a) All loans must bear interest at 8 percent per annum from the date when the student receives the loan.
(b) Each student receiving a loan must repay the loan with interest following the termination of his education for which the loan is made. The loan must be repaid in monthly installments over the period allowed with the first installment due 1 year after the date of the termination of his education for which the loan is made. The amounts of the installments must not be less than $50 and may be calculated to allow a smaller payment at the beginning of the period of repayment, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period for repayment. The period for repayment of the loans must be:
(1) Five years for loans which total less than $10,000.
(2) Eight years for loans which total $10,000 or more, but less than $20,000.
(3) Ten years for loans which total $20,000 or more.
4. A delinquency charge may be assessed on any installment delinquent 10 days or more in the amount of 8 percent of the installment or $4, whichever is greater, but not more than $15.
5. The reasonable costs of collection and an attorneys fee may be recovered in the event of delinquency.
Sec. 3. The provisions of section 1 of this act apply prospectively and do not affect, impair or eliminate any existing obligation of the Board of Regents to pay refunds to students who were charged tuition but who were bona fide residents of the State of Nevada for at least 6 months before matriculation between 1995 and spring of 2004 that was established by the Board of Regents at its meeting which was held on March 18-19, 2004.
Sec. 4. Notwithstanding any provision of section 1 of this act to the contrary, each student who is a resident of the State of Nevada for at least 6 months but less than 12 months before the first day of instruction for the fall semester of 2005 at the applicable institution within the Nevada System of Higher Education shall be deemed a bona fide resident for purposes of that section.
Sec. 5. This act becomes effective on July 1, 2005.
________
Senate Bill No. 489Committee on Judiciary
CHAPTER 375
AN ACT relating to the protection of consumers; prohibiting a person from subleasing a motor vehicle under certain circumstances; expanding the private right of action for victims of consumer fraud to include victims of unlawful subleasing of a motor vehicle; establishing the civil and criminal statutes of limitations for certain deceptive trade practices; increasing the amount of the civil and criminal penalties that a court may impose for engaging in certain deceptive trade practices; providing a penalty; and providing other matters properly relating thereto.
κ2005 Statutes of Nevada, Page 1423 (CHAPTER 375, SB 489)κ
practices; increasing the amount of the civil and criminal penalties that a court may impose for engaging in certain deceptive trade practices; providing a penalty; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person, other than a party to the lease contract, retail installment contract or security agreement, for compensation or some other consideration, shall not transfer or assign, or purport to transfer or assign, any right or interest in a motor vehicle that is subject to a lease contract, retail installment contract or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle to any person who is not a party to the contract or agreement.
2. A person shall not assist, cause or arrange for a person to violate the provisions of subsection 1.
3. This section does not affect the enforceability of any provision of any lease contract, retail installment contract, security agreement or direct loan agreement by any party to the contract or agreement.
4. In addition to any other penalty, a person who violates the provisions of this section is guilty of a gross misdemeanor.
5. As used in this section:
(a) Buyer means a person who buys or hires a motor vehicle pursuant to a retail installment contract.
(b) Direct loan agreement means an agreement between a lender and a purchaser by which the lender has advanced money pursuant to a loan secured by a motor vehicle which the purchaser has purchased.
(c) Lease contract means a contract for or in contemplation of a lease or bailment for the use of a motor vehicle, and the purchase of services incidental to the lease or bailment, by a natural person for a term exceeding 4 months, primarily for personal, family, household, business or commercial purposes.
(d) Lessor means a person who is engaged in the business of leasing, offering to lease or arranging the lease of a motor vehicle under a lease contract. The term includes a bailor.
(e) Motor vehicle means a motor vehicle which is required to be registered pursuant to chapter 482 of NRS.
(f) Purchaser has the meaning ascribed to it in NRS 104.1201.
(g) Retail installment contract means a retail installment contract as defined in NRS 97.105 pursuant to which the title to or lien upon a motor vehicle, which is the subject matter of the retail installment transaction, is retained or taken by a seller from a buyer as security for the buyers obligation.
(h) Retail installment transaction means a transaction in which a buyer purchases a motor vehicle from a seller pursuant to a retail installment contract which provides for a finance charge and under which the buyer agrees to pay the total of payments in one or more installments.
κ2005 Statutes of Nevada, Page 1424 (CHAPTER 375, SB 489)κ
the buyer agrees to pay the total of payments in one or more installments. As used in this paragraph:
(1) Amount financed means the cash sale price of the motor vehicle which is the subject matter of a retail installment contract less the amount of the buyers down payment in money or goods or both, plus the amounts, if any, included therein, if a separate identified charge is made therefor and stated in the contract, for insurance and official fees.
(2) Finance charge means the cost of credit indicated in a dollar amount. The term includes any charge payable directly or indirectly by the buyer and imposed directly or indirectly by the seller as an incident to or a condition of the extension of credit. The term does not include any charge of a type payable in a comparable cash transaction.
(3) Total of payments means the amount financed plus the finance charge.
(i) Secured party has the meaning ascribed to it in NRS 104.9102.
(j) Security agreement has the meaning ascribed to it in NRS 104.9102.
(k) Seller means a person engaged in the business of selling or leasing motor vehicles pursuant to retail installment contracts.
Sec. 2. NRS 11.190 is hereby amended to read as follows:
11.190 Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
(d) An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term livestock, which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.
κ2005 Statutes of Nevada, Page 1425 (CHAPTER 375, SB 489)κ
loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.
(d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.
(e) An action pursuant to NRS 40.750 for damages sustained by a financial institution because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution of the facts constituting the concealment or false statement.
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
Sec. 3. NRS 41.600 is hereby amended to read as follows:
41.600 1. An action may be brought by any person who is a victim of consumer fraud.
2. As used in this section, consumer fraud means:
(a) An unlawful act as defined in NRS 119.330;
(b) An unlawful act as defined in section 1 of this act;
(c) An act prohibited by NRS 482.36655 to 482.36667, inclusive;
[(c)] (d) An act prohibited by NRS 482.351; or
[(d)] (e) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive.
3. If the claimant is the prevailing party, the court shall award him:
κ2005 Statutes of Nevada, Page 1426 (CHAPTER 375, SB 489)κ
(a) Any damages that he has sustained; and
(b) His costs in the action and reasonable attorneys fees.
4. Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.
Sec. 4. NRS 171.085 is hereby amended to read as follows:
171.085 Except as otherwise provided in NRS 171.083, 171.084 and 171.095, an indictment for:
1. Theft, robbery, burglary, forgery, arson, sexual assault , [or] a violation of NRS 90.570 or a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 must be found, or an information or complaint filed, within 4 years after the commission of the offense.
2. Any felony other than murder, theft, robbery, burglary, forgery, arson, sexual assault , [or] a violation of NRS 90.570 or a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 must be found, or an information or complaint filed, within 3 years after the commission of the offense.
Sec. 5. NRS 598.092 is hereby amended to read as follows:
598.092 A person engages in a deceptive trade practice when in the course of his business or occupation he:
1. Knowingly fails to identify goods for sale or lease as being damaged by water.
2. Solicits by telephone or door to door as a lessor or seller, unless the lessor or seller identifies himself, whom he represents and the purpose of his call within 30 seconds after beginning the conversation.
3. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.
4. Fails to make delivery of goods or services for sale or lease within a reasonable time or to make a refund for the goods or services, if he allows refunds.
5. Advertises or offers an opportunity for investment and:
(a) Represents that the investment is guaranteed, secured or protected in a manner which he knows or has reason to know, is false or misleading;
(b) Represents that the investment will earn a rate of return which he knows or has reasons to know is false or misleading;
(c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;
(d) Fails to maintain adequate records so that an investor may determine how his money is invested;
(e) Fails to provide information to an investor after a reasonable request for information concerning his investment;
(f) Fails to comply with any law or regulation for the marketing of securities or other investments; or
(g) Represents that he is licensed by an agency of the State to sell or offer for sale investments or services for investments if he is not so licensed.
6. Charges a fee for advice with respect to investment of money and fails to disclose:
(a) That he is selling or offering to lease goods or services and, if he is, their identity; or
κ2005 Statutes of Nevada, Page 1427 (CHAPTER 375, SB 489)κ
(b) That he is licensed by an agency of any state or of the United States to sell or to offer for sale investments or services for investments, or holds any other license related to the service he is providing.
7. Notifies any person, by any means, as a part of an advertising plan or scheme, that he has won a prize and that as a condition of receiving the prize he must purchase or lease goods or services.
8. Knowingly misrepresents the legal rights, obligations or remedies of a party to a transaction.
9. Fails, in a consumer transaction that is rescinded, cancelled or otherwise terminated in accordance with the terms of an agreement, advertisement, representation or provision of law, to promptly restore to a person entitled to it a deposit, down payment or other payment or, in the case of property traded in but not available, the agreed value of the property, or fails to cancel within a specified time or an otherwise reasonable time an acquired security interest. This subsection does not apply to a person who is holding a deposit, down payment or other payment on behalf of another if all parties to the transaction have not agreed to the release of the deposit, down payment or other payment.
10. Fails to inform customers, if he does not allow refunds or exchanges, that he does not allow refunds or exchanges by:
(a) Printing a statement on the face of the lease or sales receipt;
(b) Printing a statement on the face of the price tag; or
(c) Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters,
Κ specifying that no refunds or exchanges are allowed.
Sec. 6. NRS 598.0971 is hereby amended to read as follows:
598.0971 1. If, after an investigation, the Commissioner has reasonable cause to believe that any person has been engaged or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, the Commissioner may issue an order directed to the person to show cause why the Commissioner should not order the person to cease and desist from engaging in the practice. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.
2. If, after conducting a hearing pursuant to the provisions of subsection 1, the Commissioner determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Commissioner may make a written report of his findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the Commissioner determines in the report that such a violation has occurred, he may order the violator to:
(a) Cease and desist from engaging in the practice or other activity constituting the violation;
(b) Pay the costs of conducting the investigation, costs of conducting the hearing, costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Commissioner free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive; and
κ2005 Statutes of Nevada, Page 1428 (CHAPTER 375, SB 489)κ
is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive; and
(c) Provide restitution for any money or property improperly received or obtained as a result of the violation.
Κ The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.
3. Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 2 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.
4. If a person fails to comply with any provision of an order issued pursuant to subsection 2, the Commissioner may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.
5. If the court finds that:
(a) The violation complained of is a deceptive trade practice;
(b) The proceedings by the Commissioner concerning the written report and any order issued pursuant to subsection 2 are in the interest of the public; and
(c) The findings of the Commissioner are supported by the weight of the evidence,
Κ the court shall issue an order enforcing the provisions of the order of the Commissioner.
6. An order issued pursuant to subsection 5 may include:
(a) A provision requiring the payment to the Commissioner of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Commissioners order; or
(b) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.
7. Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.
8. Upon the violation of any judgment, order or decree issued pursuant to subsection 5 or 6, the Commissioner, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.
Sec. 7. NRS 598.0973 is hereby amended to read as follows:
598.0973 1. In any action brought pursuant to NRS 598.0979 to 598.099, inclusive, if the court finds that a person has engaged in a deceptive trade practice directed toward an elderly or disabled person, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than [$10,000] $12,500 for each violation.
2. In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:
(a) The conduct of the person was in disregard of the rights of the elderly or disabled person;
(b) The person knew or should have known that his conduct was directed toward an elderly or disabled person; (c) The elderly or disabled person was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly or disabled person;
κ2005 Statutes of Nevada, Page 1429 (CHAPTER 375, SB 489)κ
(c) The elderly or disabled person was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly or disabled person;
(d) The conduct of the person caused the elderly or disabled person to suffer actual and substantial physical, emotional or economic damage;
(e) The conduct of the person caused the elderly or disabled person to suffer:
(1) Mental or emotional anguish;
(2) The loss of the primary residence of the elderly or disabled person;
(3) The loss of the principal employment or source of income of the elderly or disabled person;
(4) The loss of money received from a pension, retirement plan or governmental program;
(5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;
(6) The loss of assets which are essential to the health and welfare of the elderly or disabled person; or
(7) Any other interference with the economic well-being of the elderly or disabled person, including the encumbrance of his primary residence or principal source of income; or
(f) Any other factors that the court deems to be appropriate.
Sec. 8. NRS 598.098 is hereby amended to read as follows:
598.098 1. NRS 598.0903 to 598.0999, inclusive, do not prohibit the Commissioner or Director from disclosing to the Attorney General, any district attorney or any law enforcement officer the fact that a crime has been committed by any person, if this fact has become known as a result of any investigation conducted pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive.
2. Subject to the provisions of subsection 2 of NRS 598.0979 and except as otherwise provided in this section, the Commissioner or Director may not make public the name of any person alleged to have committed a deceptive trade practice. This subsection does not:
(a) Prevent the Commissioner or Director from issuing public statements describing or warning of any course of conduct which constitutes a deceptive trade practice.
(b) Apply to a person who is subject to an order issued pursuant to subsection 5 of NRS 598.0971.
3. Upon request, the Commissioner may:
(a) Disclose the number of written complaints received by the Commissioner during the current [or] and immediately preceding 3 fiscal [year.] years. A disclosure made pursuant to this paragraph must include the disposition of the complaint disclosed.
(b) Make public any order to cease and desist issued pursuant to subsection 5 of NRS 598.0971.
Κ This subsection does not authorize the Commissioner to disclose or make public the contents of any complaint described in paragraph (a) or the record of or any other information concerning a hearing conducted in relation to the issuance of an order to cease and desist described in paragraph (b).
4. The Commissioner may adopt regulations authorizing the disclosure of information concerning any complaint or number of complaints received by the Commissioner or Director relating to a person who has been convicted of violating a provision of NRS 598.0903 to 598.0999, inclusive.
κ2005 Statutes of Nevada, Page 1430 (CHAPTER 375, SB 489)κ
by the Commissioner or Director relating to a person who has been convicted of violating a provision of NRS 598.0903 to 598.0999, inclusive.
Sec. 9. 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 598.0999, inclusive, 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 598.0999, inclusive.
2. In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, 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] $5,000 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:
(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.
Κ The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.
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, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, 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.
Κ The court may grant or deny the relief sought or may order other appropriate relief.
6. If a person violates any provision of NRS 228.500 to 228.640, inclusive, 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 Attorney General may bring an action in the name of the State of Nevada seeking:
κ2005 Statutes of Nevada, Page 1431 (CHAPTER 375, SB 489)κ
violation of such a provision, the Attorney General 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.
Κ The court may grant or deny the relief sought or may order other appropriate relief.
Sec. 10. The amendatory provisions of section 2 of this act apply to a firm that or a natural person, or any officer or managing agent of any corporation or association who engaged in a deceptive trade practice before October 1, 2005, if the applicable statute of limitations has commenced but has not yet expired on October 1, 2005.
Sec. 11. The amendatory provisions of section 4 of this act apply to a cause of action:
1. That has accrued before October 1, 2005, if the applicable statute of limitations has commenced but not yet expired as of October 1, 2005; or
2. That accrues on or after October 1, 2005.
________
Assembly Bill No. 455Committee on Elections, Procedures, Ethics, and Constitutional Amendments
CHAPTER 376
AN ACT relating to elections; providing that a primary election must be conducted on the twelfth Tuesday before a general election in an even-numbered year; revising the provisions governing areas at public buildings for the use in gathering of signatures on a petition; revising the provision governing the form for application to register to vote; revising the provisions governing registering to vote before an election; providing a penalty; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
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 a new section to read as follows:
1. A county clerk may provide the form for the application to register to vote prescribed by the Secretary of State pursuant to NRS 293.507 to a candidate, major political party, minor political party or any other person submitting a request pursuant to subsection 2.
2. A candidate, major political party, minor political party or other person shall:
(a) Submit a request for forms for the application to register to vote to the county clerk in person, by telephone, in writing or by facsimile machine; and
(b) State the number of forms for the application to register to vote that the candidate, major political party, minor political party or other person is requesting.
κ2005 Statutes of Nevada, Page 1432 (CHAPTER 376, AB 455)κ
3. The county clerk may record the control numbers assigned to the forms by the Secretary of State pursuant to NRS 293.507 of the forms he provided in response to the request. The county clerk shall maintain a request for multiple applications with his records.
Secs. 2-4. (Deleted by amendment.)
Sec. 5. NRS 293.127565 is hereby amended to read as follows:
293.127565 1. At each building that is open to the general public and occupied by the government of this State or a political subdivision of this State or an agency thereof, other than a building of a public elementary or secondary school, an area must be made available for the use of any person to gather signatures on a petition at any time that the building is open to the public. The area must be reasonable and may be inside or outside of the building. Each public officer or employee in control of the operation of a building governed by this subsection shall designate and approve the area required by this subsection for the building.
2. Before a person may use an area designated pursuant to subsection 1, the person must notify the public officer or employee in control of the operation of the building governed by subsection 1 of the dates and times that the person intends to use the area to gather signatures on a petition. The public officer or employee may not deny the person the use of the area.
3. A person aggrieved by a decision made by a public officer or employee pursuant to subsection 1 or 2 may appeal the decision to the Secretary of State. The Secretary of State shall review the decision to determine whether the public officer or employee [designated a reasonable area as required by] violated subsection 1 [.] or 2. If the Secretary of State determines that the public officer or employee violated subsection 1 or 2 and that a person was denied the use of a public building for the purpose of gathering signatures on a petition, the Secretary of State shall order that the deadline for filing the petition provided pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be extended for a period equal to the time that the person was denied the use of a public building for the purpose of gathering signatures on a petition, but in no event may the deadline be extended for a period of more than 5 days.
4. 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. If the First Judicial District Court determines that the public officer or employee violated subsection 1 or 2 and that a person was denied the use of a public building for the purpose of gathering signatures on a petition, the Court shall order that the deadline for filing the petition provided pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be extended for a period equal to the time that the person was denied the use of a public building for the purpose of gathering signatures on a petition, but in no event may the deadline be extended for a period of more than 5 days.
5. The Secretary of State may adopt regulations to carry out the provisions of subsection 3.
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 293.165 is hereby amended to read as follows:
293.165 1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 4 and 5.
κ2005 Statutes of Nevada, Page 1433 (CHAPTER 376, AB 455)κ
may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 4 and 5.
2. A vacancy occurring in a nonpartisan nomination after the close of filing and on or before 5 p.m. of the second Tuesday in [July] June must be filled by filing a nominating petition that is signed by registered voters of the State, county, district or municipality who may vote for the office in question. The number of registered voters who sign the petition must not be less than 1 percent of the number of persons who voted for the office in question in the State, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in [June] May and not later than the fourth Tuesday in [July.] June. The petition may consist of more than one document. Each document must bear the name of one county and must be signed only by a person who is a registered voter of that county and who may vote for the office in question. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document. A candidate nominated pursuant to the provisions of this subsection:
(a) Must file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and
(b) May be elected only at a general election, and his name must not appear on the ballot for a primary election.
3. A vacancy occurring in a nonpartisan nomination after 5 p.m. of the second Tuesday in [July] June and on or before 5 p.m. [of the second Tuesday in September] on the first Tuesday after the primary election must be filled by the person who receives the next highest vote for the nomination in the primary.
4. No change may be made on the ballot for the general election after 5 p.m. [of the second Tuesday in September] on the first Tuesday after the primary election of the year in which the general election is held. If a nominee dies after that time and date, his name must remain on the ballot for the general election and, if elected, a vacancy exists.
5. All designations provided for in this section must be filed on or before 5 p.m. on the [second Tuesday in September.] first Tuesday after the primary election. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m. on the date the designation is filed.
Sec. 8. NRS 293.166 is hereby amended to read as follows:
293.166 1. A vacancy occurring in a party nomination for the office of State Senator or Assemblyman from a legislative district comprising more than one county may be filled as follows, subject to the provisions of subsections 2 and 3. The county commissioners of each county, all or part of which is included within the legislative district, shall meet to appoint a person who is of the same political party as the former nominee and who actually, as opposed to constructively, resides in the district to fill the vacancy, under the chairmanship of the chairman of the board of county commissioners of the county whose population residing within the district is the greatest. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. Then, the boards shall meet jointly and the chairmen on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district.
κ2005 Statutes of Nevada, Page 1434 (CHAPTER 376, AB 455)κ
cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each as a group select one candidate, and the nominee must be chosen by drawing lots among the persons so selected.
2. No change may be made on the ballot after the [second Tuesday in September] first Tuesday after the primary election of the year in which the general election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.
3. The designation of a nominee pursuant to this section must be filed with the Secretary of State before 5 p.m. [of the second Tuesday in September,] on the first Tuesday after the primary election, and the statutory filing fee must be paid with the designation.
Secs. 9 and 10. (Deleted by amendment.)
Sec. 11. 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] twelfth Tuesday before the general election 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.
5. The provisions of NRS 293.175 to 293.203, inclusive, 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. 12. NRS 293.176 is hereby amended to read as follows:
293.176 1. Except as otherwise provided in subsection 2, no person may be a candidate of a major political party for partisan office in any election if he has changed:
(a) The designation of his political party affiliation; or
(b) His designation of political party from nonpartisan to a designation of a political party affiliation,
Κ on an application to register to vote in the State of Nevada or in any other state during the time beginning on [September 1] December 31 preceding the closing filing date for that election and ending on the date of that election whether or not his previous registration was still effective at the time of the change in party designation.
2. The provisions of subsection 1 do not apply to any person who is a candidate of a political party that was not qualified pursuant to NRS 293.171 on the [September 1] December 31 next preceding the closing filing date for the election.
Secs. 13-27. (Deleted by amendment.)
κ2005 Statutes of Nevada, Page 1435 (CHAPTER 376, AB 455)κ
Sec. 28. NRS 293.345 is hereby amended to read as follows:
293.345 The county clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the [third Thursday in August] second Thursday before the primary election and before 5 p.m. on the fourth Tuesday in October of any year in which a general election is to be held, an official mailing ballot to be voted by him at the election.
Sec. 29. NRS 293.368 is hereby amended to read as follows:
293.368 1. Whenever a candidate whose name appears upon the ballot at a primary election dies after 5 p.m. of the second Tuesday in [July,] June, his name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.
2. If the deceased candidate on the ballot at the primary election receives the number of votes required to receive the nomination to the office for which he was a candidate, except as otherwise provided in subsection 3 of NRS 293.165, he shall be deemed nominated and there shall be a vacancy in the nomination that must be filled as provided in NRS 293.165 or 293.166. If the deceased person was a candidate for a nonpartisan office, the nomination must be filled pursuant to subsection 2 of NRS 293.165.
3. Whenever a candidate whose name appears upon the ballot at a general election dies after 5 p.m. [of the second Tuesday in September,] on the first Tuesday after the primary election, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.
4. If the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy thus created must be filled in the same manner as if the candidate had died after taking office for that term.
Secs. 30 and 31. (Deleted by amendment.)
Sec. 32. NRS 293.505 is hereby amended to read as follows:
293.505 1. All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.
2. The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.
3. A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.
4. When a field registrar has in his possession five or more completed applications to register to vote, he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.
5. Each field registrar shall forward to the county clerk all completed applications in his possession immediately after the fifth Sunday preceding an election. Within 5 days after the fifth Sunday preceding any general election or general city election, a field registrar shall return all unused applications in his possession to the county clerk.
κ2005 Statutes of Nevada, Page 1436 (CHAPTER 376, AB 455)κ
applications in his possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.
6. Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.
7. Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this State.
8. A field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 12 of NRS 293.5235 shall not:
(a) Delegate any of his duties to another person; or
(b) Refuse to register a person on account of that persons political party affiliation.
9. A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.
10. A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 12 of NRS 293.5235 shall not:
(a) Solicit a vote for or against a particular question or candidate;
(b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or
(c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,
Κ while he is registering an elector.
11. When the county clerk receives applications to register to vote from a field registrar, he shall issue a receipt to the field registrar. The receipt must include:
(a) The number of persons registered; and
(b) The political party of the persons registered.
12. A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 12 of NRS 293.5235 shall not:
(a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote; or
(b) [Alter or deface an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required; or
(c)] Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.
13. A county clerk, field registrar, employee of a voter registration agency, person assisting a voter pursuant to subsection 12 of NRS 293.5235 or any other person providing a form for the application to register to vote to an elector for the purpose of registering to vote:
(a) If the person who assists an elector with completing the form for the application to register to vote retains the form, shall enter his name on the duplicate copy or receipt retained by the voter upon completion of the form; and
(b) Shall not alter, deface or destroy an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required.
κ2005 Statutes of Nevada, Page 1437 (CHAPTER 376, AB 455)κ
in the application after receiving notice from the elector that a change in or addition to the information is required.
14. If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.
[14.] 15. A person who violates any of the provisions of subsection 8, 9, 10 , [or] 12 or 13 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 33. NRS 293.507 is hereby amended to read as follows:
293.507 1. The Secretary of State shall prescribe:
(a) A standard form for applications to register to vote; and
(b) A special form for registration to be used in a county where registrations are performed and records of registration are kept by computer.
2. The county clerks shall provide forms for applications to register to vote to field registrars in the form and number prescribed by the Secretary of State.
3. [A] Each form for an application to register to vote must include a [duplicate copy or receipt to] :
(a) Unique control number assigned by the Secretary of State; and
(b) Receipt which:
(1) Includes a space for a person assisting a voter in completing the form to enter his name; and
(2) May be retained by the applicant upon completion of the form.
4. The form for an application to register to vote must include:
(a) A line for use by the county clerk to enter:
(1) The number indicated on the voters current and valid drivers license issued by the Department of Motor Vehicles, if the voter has such a drivers license;
(2) The last four digits of the voters social security number, if the voter does not have a drivers license issued by the Department of Motor Vehicles and does have a social security number; or
(3) The number issued to the voter pursuant to subsection 5, if the voter does not have a current and valid drivers license issued by the Department of Motor Vehicles or a social security number.
(b) A line on which to enter the address at which the voter actually resides, as set forth in NRS 293.486.
(c) A notice that the voter may not list a business as the address required pursuant to paragraph (b) unless he actually resides there.
(d) A line on which to enter an address at which the voter may receive mail, including, without limitation, a post office box or general delivery.
5. If a voter does not have the identification set forth in subparagraph (1) or (2) of paragraph (a) of subsection 4, the voter shall sign an affidavit stating that he does not have a current and valid drivers license issued by the Department of Motor Vehicles or a social security number. Upon receipt of the affidavit, the county clerk shall issue an identification number to the voter which must be the same number as the unique identifier assigned to the voter for purposes of the statewide voter registration list.
6. The Secretary of State shall adopt regulations to carry out the provisions of subsections 3, 4 and 5.
κ2005 Statutes of Nevada, Page 1438 (CHAPTER 376, AB 455)κ
Sec. 34. NRS 293B.063 is hereby amended to read as follows:
293B.063 No mechanical voting system may be used in this State unless it meets or exceeds the standards for voting systems established by the Federal Election Commission [.] pursuant to federal law.
Sec. 34.5. NRS 293B.104 is hereby amended to read as follows:
293B.104 The Secretary of State shall not approve any mechanical voting system which does not meet or exceed the standards for voting systems established by the Federal Election Commission [.] pursuant to federal law.
Sec. 35. NRS 293B.354 is hereby amended to read as follows:
293B.354 1. The county clerk shall, not later than [July 1] June 15 of each year in which a general election is held, submit to the Secretary of State for his approval a written plan for the accommodation of members of the general public who observe the delivery, counting, handling and processing of ballots at a polling place, receiving center or central counting place.
2. The city clerk shall, not later than January 1 of each year in which a general city election is held, submit to the Secretary of State for his approval a written plan for the accommodation of members of the general public who observe the delivery, counting, handling and processing of the ballots at a polling place, receiving center or central counting place.
3. Each plan must include:
(a) The location of the central counting place and of each polling place and receiving center;
(b) A procedure for the establishment of areas within each polling place and receiving center and the central counting place from which members of the general public may observe the activities set forth in subsections 1 and 2;
(c) The requirements concerning the conduct of the members of the general public who observe the activities set forth in subsections 1 and 2; and
(d) Any other provisions relating to the accommodation of members of the general public who observe the activities set forth in subsections 1 and 2 which the county or city clerk considers appropriate.
Secs. 36-51. (Deleted by amendment.)
Sec. 52. Section 5.020 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 100, Statutes of Nevada 1999, at page 274, is hereby amended to read as follows:
Sec. 5.020 Primary elections; declaration of candidacy.
1. A candidate for any office to be voted for at an election must file a declaration of candidacy with the City Clerk. All filing fees collected by the City Clerk must be deposited to the credit of the General Fund of the City.
2. If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the [first Tuesday in September preceding the] date fixed by the election laws of this State for statewide elections, at which time there must be nominated candidates for the office to be voted for at the next general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.
3. In the primary election:
κ2005 Statutes of Nevada, Page 1439 (CHAPTER 376, AB 455)κ
(a) The names of the two candidates for Municipal Judge, City Attorney or a particular City Council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.
(b) Candidates for Councilman who represent a specific ward must be voted upon only by the registered voters of that ward.
(c) Candidates for Mayor and Councilman at large must be voted upon by all registered voters of the City.
4. The Mayor and all Councilmen must be voted upon by all registered voters of the City at the general election.
________
Senate Bill No. 22Committee on Human Resources and Education
CHAPTER 377
AN ACT relating to persons with disabilities; creating the Interagency Advisory Board on Transition Services within the Office of Disability Services of the Department of Human Resources to study matters relating to transition services for persons with disabilities who are transitioning from secondary school to adult living; providing for the prospective expiration of the Advisory Board; requiring the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to establish and administer a program to encourage and facilitate the purchase of commodities from certain organizations by agencies of state and local governments; making an appropriation; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Advisory Board means the Interagency Advisory Board on Transition Services created by section 7 of this act.
Sec. 4. Committee means the Strategic Plan for People with Disabilities Accountability Committee established by the Director of the Department as required by Executive Order of the Office of the Governor and in response to the long-term strategic plan concerning persons with disabilities developed by the Department pursuant to paragraph (c) of subsection 1 of section 1 of chapter 541, Statutes of Nevada 2001, at page 2705.
Sec. 5. State Rehabilitation Council means the State Rehabilitation Council established pursuant to 29 U.S.C. §§ 725 et seq.
Sec. 6. Transition services means a coordinated set of activities which:
κ2005 Statutes of Nevada, Page 1440 (CHAPTER 377, SB 22)κ
1. Is designed within a process that is outcome-oriented and which promotes movement of pupils from school to postschool activities, including, without limitation, postsecondary education, vocational training, supported employment, integrated employment, continuing and adult education, adult services, independent living and community participation;
2. Is based on the preferences and interests of the pupil, taking into account the pupils needs;
3. Includes, without limitation:
(a) Instruction;
(b) Related services, including, without limitation, vocational and rehabilitative services;
(c) Community experiences;
(d) The development of employment objectives and other objectives for living as an adult after the completion of school; and
(e) If appropriate, the acquisition of daily living skills and functional vocational evaluation; and
4. Includes an individual plan for employment for a pupil with a disability who is receiving special education services or other related services, if the individual plan for employment is developed:
(a) In coordination with the plan for the individualized education prepared by the school district pursuant to NRS 395.020, including, without limitation, the goals, objectives and services identified in the plan; and
(b) In accordance with the plans, policies, procedures and terms of an interlocal agreement between the school district of the pupil and the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.
Κ The term includes special education if provided as specially designed instruction or related services and if required to assist a pupil with a disability to benefit from special education.
Sec. 7. 1. The Interagency Advisory Board on Transition Services is hereby created in the Office.
2. The Advisory Board consists of the following members:
(a) The Administrator of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation;
(b) The Superintendent of Public Instruction;
(c) A representative of the Division of Child and Family Services of the Department, appointed by the Administrator of the Division of Child and Family Services;
(d) A representative of the Division of Mental Health and Developmental Services of the Department, appointed by the Administrator of the Division of Mental Health and Developmental Services;
(e) A member of the Committee, appointed by the Governor;
(f) A member of the Governors Workforce Investment Board of the Department of Employment, Training and Rehabilitation, appointed by the Governor;
(g) A representative of the Nevada Disability Advocacy and Law Center, or its successor organization, appointed by the Governor;
(h) A representative of the Nevada P.E.P., Inc., or its successor organization, appointed by the Governor;
κ2005 Statutes of Nevada, Page 1441 (CHAPTER 377, SB 22)κ
(i) A representative of a community-based organization which provides services to persons with physical, cognitive, sensory and mental health disabilities, appointed by the Governor;
(j) A representative of the University and Community College System of Nevada or an entity which provides postsecondary education, vocational training, supported employment services, integrated employment services or continuing and adult education, appointed by the Governor;
(k) A representative of a program of education, including, without limitation, a program of special or vocational education, in a school district in a county whose population is 400,000 or more, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;
(l) A representative of a program of education, including, without limitation, a program of special or vocational education in a school district in a county whose population is 100,000 or more but less than 400,000, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;
(m) A representative of a program of education, including, without limitation, a program of special or vocational education, in a school district in a county whose population is less than 100,000, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;
(n) A person with a disability who has transitioned from a secondary school into the workforce, postsecondary education, vocational training, supported employment, integrated employment, continuing or adult education, adult services, independent living or community participation, appointed by the Governor; and
(o) A parent of a person with a disability who is not younger than 14 years of age or older than 25 years of age, appointed by the Governor.
3. Each member of the Advisory Board who is an officer or employee of the State of Nevada or a local government or agency thereof or a representative of a private entity may designate a representative to serve in his place on the Advisory Board or to replace him at a meeting of the Advisory Board if the person designated has the appropriate knowledge and authority to represent the State of Nevada, local government or agency thereof or private entity, as applicable, and has been approved by the appointing authority.
4. Each appointing authority of a member of the Advisory Board shall:
(a) Solicit recommendations for the appointment of members to the Advisory Board from the Committee; and
(b) Appoint to the Advisory Board persons who represent a broad range of persons with disabilities and entities serving persons with disabilities.
Sec. 8. 1. The term of each member is 4 years. A member may be reappointed.
2. A vacancy occurring in the membership of the Advisory Board must be filled in the same manner as the original appointment.
Sec. 9. 1. The Advisory Board shall:
(a) At its first meeting and annually thereafter, elect a Chairman and Vice Chairman from among its voting members; and
κ2005 Statutes of Nevada, Page 1442 (CHAPTER 377, SB 22)κ
(b) Meet throughout each year at the times and places specified by a call of the Chairman or a majority of the members of the Advisory Board.
2. The Director of the Office or his designee shall act as the nonvoting recording Secretary.
3. The Advisory Board shall prescribe regulations for its own management and government.
4. A majority of the voting members of the Advisory Board constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the Advisory Board.
Sec. 10. 1. Members of the Advisory Board serve without compensation, except that each member of the Advisory Board is entitled, while engaged in the business of the Advisory Board, to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses provided to a member of the Advisory Board who is an officer or employee of the State of Nevada or a political subdivision of this State must be paid by the state agency or political subdivision which employs him.
2. Each member of the Advisory Board who is an officer or employee of the State of Nevada or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Advisory Board and perform any work necessary to carry out the duties of the Advisory Board in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Advisory Board to make up the time that he is absent from work to carry out his duties as a member of the Advisory Board or to use annual vacation or compensatory time for the absence.
Sec. 11. The Advisory Board may:
1. Study and comment on issues related to transition services for persons with disabilities in this State, including, without limitation:
(a) The implementation of recommendations concerning transition services of the Committee and of the State Rehabilitation Council;
(b) Programs for the provision of transition services to persons with disabilities in this State;
(c) Methods to enhance such programs and to ensure that persons with disabilities are receiving transition services in the most appropriate settings;
(d) Federal and state laws concerning transition services for persons with disabilities;
(e) The availability of useful information and data relating to transition services as needed for the State of Nevada to make decisions effectively, plan budgets and monitor costs and outcomes of transition services provided to persons with disabilities;
(f) Methods to increase the availability of such information and data;
(g) Compliance with federal requirements which affect persons who are receiving transition services;
(h) The extent to which transition services in this State are provided in compliance with:
(1) The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.; and
κ2005 Statutes of Nevada, Page 1443 (CHAPTER 377, SB 22)κ
(2) The Strategic Plan for People with Disabilities developed by the Department pursuant to paragraph (c) of subsection 1 of section 1 of chapter 541, Statutes of Nevada 2001, at page 2705; and
(i) Any other matters that, in the determination of the Advisory Board, affect persons with disabilities who are receiving transition services;
2. Hold a statewide annual meeting to gather information and develop recommendations concerning transition services for persons with disabilities; and
3. Promote the planning, coordination, delivery and evaluation of transition services offered by the State or a local government or agency thereof or any private entity in this State.
Sec. 12. 1. On or before July 1 of each year, the Advisory Board shall submit an annual report concerning the provision of transition services to persons with disabilities in this State to:
(a) The Governor;
(b) The Legislative Committee on Persons With Disabilities;
(c) The Committee;
(d) The State Rehabilitation Council;
(e) The State Board of Education; and
(f) The Department of Education for transmittal to persons within the Department who are working on issues concerning special education.
2. The annual report must include, without limitation:
(a) A list of the members of the Advisory Board;
(b) The dates, agendas and minutes of each of the meetings of the Advisory Board;
(c) Information concerning the activities, findings and recommendations of the Advisory Board;
(d) A status report concerning transition services from:
(1) The Committee; and
(2) The State Rehabilitation Council;
(e) A summary of the availability and status of transition services in this State and the need for transition services in this State;
(f) Recommendations for legislation relating to transition services;
(g) Recommendations to agencies and officers of the Executive Branch of the State Government relating to transition services; and
(h) Recommendations to providers of community-based services who provide services to persons with disabilities relating to transition services.
Sec. 13. NRS 426.205 is hereby amended to read as follows:
426.205 As used in NRS 426.205 to 426.295, inclusive, and sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 426.215 and 426.225 have the meanings ascribed to them in those sections.
Sec. 14. NRS 334.025 is hereby amended to read as follows:
334.025 1. [If the Governor has created a Committee on Employment of Persons with Disabilities, the Committee] The Rehabilitation Division of the Department of Employment, Training and Rehabilitation shall establish and administer a Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services from Organizations.
2. The Program may include:
(a) A method for assisting an agency that wishes to purchase commodities or services from an organization to locate such commodities and services that meet the needs of the agency;
κ2005 Statutes of Nevada, Page 1444 (CHAPTER 377, SB 22)κ
(b) A method for assisting an organization to locate an agency that wishes to purchase commodities or services from organizations;
(c) A method for encouraging agencies to purchase commodities and services from organizations;
(d) A method to review objections to an award of a contract to an organization, which method must be limited to a review of the process used for awarding the contract to ensure that the appropriate procedures were followed in awarding the contract;
(e) The establishment of a percentage, not to exceed 4 percent, of the full amount of payment to an organization which is awarded a contract for all commodities and services to be provided to the agency pursuant to the contract that is sufficient to pay the cost to the [Committee] Rehabilitation Division of establishing and administering the program; and
(f) A method for collecting information from an agency in a report to the [Committee,] Rehabilitation Division, which report may include, without limitation:
(1) The number of persons currently employed at the agency who are mentally or physically disabled; and
(2) The number of contracts the agency has entered into pursuant to the program which are currently in effect and a list of the organizations with which the agency has entered such contracts.
3. In administering the Program, the [Committee on Employment of Persons with Disabilities] Rehabilitation Division shall, upon request of an agency or organization, assist the agency or organization in establishing a contract for the purchase of commodities or services.
4. A contract entered into pursuant to the Program must provide for a payment to the [Committee] Rehabilitation Division in an amount equal to the full amount of payment to the organization for all commodities and services to be provided to the agency pursuant to the contract multiplied by the percentage established pursuant to paragraph (e) of subsection 2.
5. As used in this section:
(a) Agency means a local government as defined in NRS 332.015 and using agencies as defined in NRS 333.020.
(b) Organization means an organization whose primary purpose is the training and employment of mentally or physically disabled persons, including, without limitation, community-based training centers for the care and training of mentally and functionally retarded persons described in chapter 435 of NRS.
Sec. 15. Section 12 of this act is hereby amended to read as follows:
Sec. 12. 1. On or before July 1 of each year, the Advisory Board shall submit an annual report concerning the provision of transition services to persons with disabilities in this State to:
(a) The Governor;
(b) The Director of the Legislative [Committee on Persons with Disabilities;] Counsel Bureau for transmittal to the Legislature;
(c) The Committee;
(d) The State Rehabilitation Council;
(e) The State Board of Education; and
(f) The Department of Education for transmittal to persons within the Department who are working on issues concerning special education.
2. The annual report must include, without limitation:
κ2005 Statutes of Nevada, Page 1445 (CHAPTER 377, SB 22)κ
(a) A list of the members of the Advisory Board;
(b) The dates, agendas and minutes of each of the meetings of the Advisory Board;
(c) Information concerning the activities, findings and recommendations of the Advisory Board;
(d) A status report concerning transition services from:
(1) The Committee; and
(2) The State Rehabilitation Council;
(e) A summary of the availability and status of transition services in this State and the need for transition services in this State;
(f) Recommendations for legislation relating to transition services;
(g) Recommendations to agencies and officers of the Executive Branch of the State Government relating to transition services; and
(h) Recommendations to providers of community-based services who provide services to persons with disabilities relating to transition services.
Sec. 16. 1. There is hereby appropriated from the State General Fund to the Department of Human Resources for the purpose of carrying out the provisions of this act:
For the Fiscal Year 2005-2006....................................................... $25,909
For the Fiscal Year 2006-2007....................................................... $26,254
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.
Sec. 17. The Rehabilitation Division of the Department of Employment, Training and Rehabilitation shall submit a report concerning its progress in establishing and administering a Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services from Organizations pursuant to NRS 334.025, on or before:
1. October 1, 2005, to the Legislative Committee on Persons with Disabilities established pursuant to NRS 218.53791; and
2. December 31, 2006, to the Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Nevada Legislature.
Sec. 18. 1. This section and sections 1 to 14, inclusive, and 17 of this act become effective upon passage and approval and expire by limitation on June 30, 2013.
2. Section 16 of this act becomes effective on July 1, 2005.
3. Section 15 of this act becomes effective on July 1, 2007, and expires by limitation on June 30, 2013.
________
Senate Bill No. 235Senator McGinness
CHAPTER 378
AN ACT relating to hospital districts; revising provisions relating to the procedure for the dissolution of hospital districts in certain smaller counties; and providing other matters properly relating thereto.
κ2005 Statutes of Nevada, Page 1446 (CHAPTER 378, SB 235)κ
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 450 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. In a county whose population is less than 400,000:
1. Except as otherwise provided in subsection 2, if a majority of the members of the board of county commissioners determine that it is in the best interests of the county and of the hospital district that the hospital district be dissolved, the board of county commissioners shall so determine by ordinance, after there is first found, determined and recited in the ordinance that:
(a) All outstanding indebtedness and bonds of all kinds of the hospital district have been paid; and
(b) The services of the hospital district are no longer needed or can be more effectively performed by an existing unit of government.
2. If the hospital district includes territory within more than one county, the hospital district may be dissolved only if a majority of the members of the board of county commissioners of each county included within the district take the actions described in subsection 1.
3. In determining pursuant to subsection 1 whether the dissolution of a hospital district is in the best interests of the county and of the hospital district, a board of county commissioners must consider, without limitation, whether:
(a) The hospital district is capable of providing sufficient health care services to the residents of the county or counties within the territory of the hospital district in an economical manner;
(b) The basic health care needs of the residents of the county or counties within the territory of the hospital district will be met if the hospital district is dissolved;
(c) There have been substantial changes in the financial status of the hospital district during the immediately preceding 2 years; and
(d) There has been an increased tax burden on the residents of the county or counties within the territory of the hospital district during the immediately preceding 2 years.
4. The county clerk of each county within which any territory of the hospital district is located shall thereupon certify a copy of the ordinance to the board of trustees of the hospital district and shall mail written notice to all qualified electors who reside within the hospital district in his county, containing:
(a) The adoption of the ordinance;
(b) The determination of the board of county commissioners of that county that the district should be dissolved; and
(c) The time and place for the hearing on the dissolution.
Sec. 3. 1. On or before the date fixed for the hearing on the dissolution of a hospital district, any qualified elector who resides within the hospital district may protest against the dissolution of the hospital district by filing a written protest with the county clerk of the county in which he resides.
κ2005 Statutes of Nevada, Page 1447 (CHAPTER 378, SB 235)κ
2. If, at or before the time fixed by the ordinance and notice, written protest is filed pursuant to subsection 1 by a majority of the qualified electors who reside within the hospital district, the hospital district must not be dissolved. If any written protests are filed and:
(a) If the hospital district does not include territory within more than one county, the board of county commissioners determines that the protests so filed represent less than a majority of the qualified electors who reside within the hospital district, the board may complete the dissolution by the adoption of a final ordinance of dissolution, which ordinance must contain a recital of the protests, and the recital is binding and conclusive for all purposes; or
(b) If the hospital district includes territory within more than one county, the board of county commissioners of each county included within the hospital district determines that the protests so filed represent less than a majority of the qualified electors who reside within the hospital district, the dissolution may be completed by the adoption of a final ordinance of dissolution by the board of county commissioners of each county included within the hospital district, which ordinance must contain a recital of the protests, and the recital is binding and conclusive for all purposes.
Sec. 4. Except as otherwise provided in subsection 2 of section 3 of this act, at the place, date and hour specified for the hearing on the dissolution of a hospital district in the notice mailed pursuant to section 2 of this act or at any subsequent time to which the hearing may be adjourned, the board of county commissioners of each county within which any territory of the hospital district is located shall give full consideration to all protests which have been filed pursuant to section 3 of this act and shall hear all persons desiring to be heard and shall thereafter adopt either the final ordinance of dissolution or an ordinance determining that the hospital district must not be dissolved. The dissolution may be completed by the adoption of a final ordinance of dissolution by the board of county commissioners of each county included within the hospital district.
Sec. 5. Within 30 days after the effective date of each ordinance which is required for the dissolution of a hospital district pursuant to section 3 or 4 of this act, each county clerk shall file a copy of the ordinance in his office and shall cause to be filed an additional copy of the ordinance in the Office of the Secretary of State, which filings must be without fee and must otherwise be filed in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
Sec. 6. In a county whose population is less than 400,000:
1. All outstanding and unpaid tax sales and levies and all special assessment liens of a dissolved hospital district are valid and remain a lien against the property against which they are assessed or levied until paid, subject to the limitations of liens provided by general law. Taxes and special assessments paid after the dissolution of a hospital district must be placed in the general fund of the county in which the district hospital was located.
2. The board of county commissioners of the county in which the district hospital was located has the same power to enforce the collection of all special assessments and outstanding tax sales of the hospital district as the hospital district had if it had not been dissolved.
κ2005 Statutes of Nevada, Page 1448 (CHAPTER 378, SB 235)κ
Sec. 7. NRS 450.550 is hereby amended to read as follows:
450.550 As used in NRS 450.550 to [450.750,] 450.760, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires:
1. Board of trustees means:
(a) A board of hospital trustees:
(1) Elected pursuant to NRS 450.620 and a physician who is appointed pursuant to subsection 1 of NRS 450.640, if applicable; or
(2) Appointed pursuant to NRS 450.625 and a physician who is appointed pursuant to subsection 1 of NRS 450.640, if applicable; or
(b) A board of county commissioners, if that board enacts an ordinance which provides that the board of county commissioners is, ex officio, the board of hospital trustees, and a physician who is appointed pursuant to subsection 1 of NRS 450.640, if applicable.
2. District hospital means a hospital constructed, maintained and governed pursuant to NRS 450.550 to [450.750, inclusive.] 450.760, inclusive, and sections 2 to 6, inclusive, of this act.
Sec. 8. NRS 450.760 is hereby amended to read as follows:
450.760 In a county whose population is less than 400,000:
1. [If, after a hearing, the board of county commissioners determines that the dissolution of a hospital district is necessary, the board shall by resolution provide for the dissolution of the hospital district. On and after the filing of the resolution with the county recorder, the hospital district shall be deemed dissolved.
2.] Before dissolving a hospital district pursuant to [subsection 1,] this section and sections 2 to 6, inclusive, of this act, the board of county commissioners of the county in which the district hospital is located shall determine whether the proceeds from the taxes currently being levied in the hospital district, if any, for the operation of the hospital and the repayment of debt are sufficient to repay any outstanding obligations of the hospital district within a reasonable period after the dissolution of the hospital district. If there are no taxes currently being levied for the hospital district or the taxes being levied are not sufficient to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the hospital district, before dissolving the hospital district pursuant to [subsection 1 the] this section and sections 2 to 6, inclusive, of this act:
(a) If the hospital district does not include territory within more than one county, the board of county commissioners may levy a property tax on all of the taxable property in the hospital district that is sufficient, when combined with any revenue from taxes currently being levied in the hospital district, to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the hospital district [.] ; or
(b) If the hospital district includes territory within more than one county, the board of county commissioners of each county within which any territory of the hospital district is located may levy a property tax on all of the taxable property in the county that is within the hospital district that is sufficient, when combined with any revenue from taxes currently being levied in the hospital district, to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the hospital district.
2. The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to any additional property tax levied pursuant to [this subsection.] subsection 1. If the hospital district is being managed by the Department of Taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the rate levied pursuant to [this] subsection 1 must not be included in the total ad valorem tax levy for the purposes of the application of the limitation in NRS 361.453, but the rate levied when combined with all other overlapping rates levied in the State must not exceed $4.50 on each $100 of assessed valuation.
κ2005 Statutes of Nevada, Page 1449 (CHAPTER 378, SB 235)κ
the Department of Taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the rate levied pursuant to [this] subsection 1 must not be included in the total ad valorem tax levy for the purposes of the application of the limitation in NRS 361.453, but the rate levied when combined with all other overlapping rates levied in the State must not exceed $4.50 on each $100 of assessed valuation. [The] A board of county commissioners shall discontinue any rate levied pursuant to [this] subsection 1 on a date that will ensure that no taxes are collected for this purpose after the outstanding obligations of the hospital district have been paid in full.
3. If, at the time of the dissolution of the hospital district [,] pursuant to this section and sections 2 to 6, inclusive, of this act, there are any outstanding loans, bonded indebtedness or other obligations of the hospital district, including, without limitation, unpaid obligations to organizations such as the Public Employees Retirement System, unpaid salaries or unpaid loans made to the hospital district by the county, the taxes being levied in the hospital district at the time of dissolution must continue to be levied and collected in the same manner as if the hospital district had not been dissolved until all outstanding obligations of the hospital district have been paid in full, but for all other purposes , the hospital district shall be [deemed] considered dissolved from the [time the resolution is filed pursuant to subsection 1.] date on which each board of county commissioners of each county included within the hospital district has adopted a final ordinance of dissolution pursuant to section 3 or 4 of this act.
4. If the hospital district is being managed by the Department of Taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the management ceases upon dissolution, but the board of county commissioners of the county in which the district hospital was located shall continue to make such financial reports to the Department of Taxation as the Department deems necessary until all outstanding obligations of the hospital district have been paid in full.
5. The property of the dissolved hospital district may be retained by the board of county commissioners of the county in which the district hospital was located for use as a hospital or disposed of in any manner the board deems appropriate.
6. Any proceeds of the sale or other transfer of the property of the dissolved hospital district and any proceeds from taxes which had been levied and received by the hospital district before dissolution, whether levied for operating purposes or for the repayment of debt, must be used by the board of county commissioners of the county in which the district hospital was located to repay any indebtedness of the hospital district.
________
Senate Bill No. 281Senator Washington
CHAPTER 379
AN ACT relating to welfare; requiring the Division of Health Care Financing and Policy of the Department of Human Resources to determine and report certain information concerning the uncompensated care percentage for hospitals in larger counties; and providing other matters properly relating thereto.
κ2005 Statutes of Nevada, Page 1450 (CHAPTER 379, SB 281)κ
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Division of Health Care Financing and Policy shall determine for each hospital that is located in a county whose population is 100,000 or more the uncompensated care percentage of the hospital for the preceding fiscal year.
2. Based on the determinations made pursuant to subsection 1, the Division of Health Care Financing and Policy shall determine for each county whose population is 100,000 or more the arithmetic mean of the percentages determined pursuant to subsection 1 of all hospitals in the county.
3. Each hospital shall provide to the Division of Health Care Financing and Policy any information requested by the Division that the Division determines is necessary to make a determination pursuant to this section.
4. The Division of Health Care Financing and Policy shall at least once each year prepare and submit a report concerning the determinations it makes pursuant to this section to:
(a) The Legislative Commission;
(b) The Interim Finance Committee; and
(c) The Legislative Committee on Health Care.
5. As used in this section, uncompensated care percentage has the meaning ascribed to it in NRS 422.387.
Sec. 2. NRS 422.380 is hereby amended to read as follows:
422.380 As used in NRS 422.380 to 422.390, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Disproportionate share payment means a payment made pursuant to 42 U.S.C. § 1396r-4.
2. Hospital has the meaning ascribed to it in NRS 439B.110 and includes public and private hospitals.
3. Public hospital means:
(a) A hospital owned by a state or local government, including, without limitation, a hospital district; or
(b) A hospital that is supported in whole or in part by tax revenue, other than tax revenue received for medical care which is provided to Medicaid patients, indigent patients or other low-income patients.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 346Senator Lee
CHAPTER 380
AN ACT relating to the Legislators Retirement System; providing for the voluntary participation of a Legislator in the Legislators Retirement System; and providing other matters properly relating thereto.
κ2005 Statutes of Nevada, Page 1451 (CHAPTER 380, SB 346)κ
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A Legislator may, within 30 days after he is first elected or appointed to office, elect not to participate as a member of the Legislators Retirement System by submitting a written notice thereof to the Board and the Director of the Legislative Counsel Bureau.
2. A Legislator may terminate his participation as a member of the System by sending written notice thereof to the Board and the Director of the Legislative Counsel Bureau.
3. A Legislator who terminates his participation as a member of the Legislators Retirement System is not eligible thereafter to participate as a member of the System.
Sec. 2. NRS 218.2381 is hereby amended to read as follows:
218.2381 1. Except as otherwise provided in NRS 286.385 or section 1 of this act or required as a result of NRS 218.23815, each Legislator [shall] must be a member of the Legislators Retirement System and shall make contributions to the Legislators Retirement Fund in the amounts and manner provided in NRS 218.2371 to 218.2395, inclusive.
2. Within 5 days after the commencement of each regular or special session of the Legislature, each Legislator who is a member of the Legislators Retirement System and who has not previously filed a beneficiary designation form with the Board shall file with the Board, upon a form provided by the Board, the designation of a beneficiary who is entitled to receive the contributions of the Legislator in case of death before retirement or termination of services as a Legislator and subsequent withdrawal of contributions. If no beneficiary is designated, payment must be made to the estate of the deceased Legislator. Payment may be made directly to the designated beneficiary without probate or administration of the estate of the deceased Legislator.
3. A beneficiary may be changed at any time by written notice given by a Legislator to the Board on a form prescribed by the Board.
Sec. 3. NRS 218.2382 is hereby amended to read as follows:
218.2382 1. Except as otherwise provided in subsection 2 [:] , for a Legislator who is a member of the Legislators Retirement System:
(a) Service credit for retirement under the Legislators Retirement System [shall begin] begins on the first day of the year of election to the office of Legislator and [shall terminate] terminates on the first day of the year following the election of a successor. The service credit for a person appointed to an unexpired term shall be deemed to have begun on the first day of the year of [such] the appointment.
(b) Service credit shall be deemed to terminate on the first day of the year following the expiration of any term during which a Legislator dies, resigns or is removed from office.
2. Service credit for a Legislator who takes office on or after July 1, 1975, and who is a member of the Legislators Retirement System begins on the day after his election or appointment and terminates on the day of election of his successor, unless sooner terminated on the day of his death, resignation or removal from office.
κ2005 Statutes of Nevada, Page 1452 (CHAPTER 380, SB 346)κ
election of his successor, unless sooner terminated on the day of his death, resignation or removal from office.
Sec. 4. NRS 218.23831 is hereby amended to read as follows:
218.23831 Except as otherwise required as a result of NRS 218.23815:
1. Any member of the Legislators Retirement System may purchase all previous creditable service performed in the Legislature if the service was performed before the creation of this System. The Director of the Legislative Counsel Bureau must certify the inclusive dates of service of the Legislator to validate the service. The Legislator must pay the Boards actuary for a computation of costs and pay the full cost as determined by the actuary.
2. Any Legislator who is a member of the Legislators Retirement System may purchase credit for any period of service for which contributions were not paid while the Legislator was receiving temporary total disability benefits for an industrial injury, if the injury was sustained in performance of his legislative duties for which contributions were required. The Legislator must pay the Boards actuary for any necessary computation [,] and must also pay the full actuarial costs determined by the actuary.
3. Any Legislator who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal public agency if that service is no longer creditable in another public retirement system. To validate such service, the Legislator must obtain a certification of the inclusive dates of previous service performed with the other public agency, together with certification from that agency that his credit is no longer creditable in another public retirement system. Upon application to retire, the Board shall [ascertain whether or not] determine whether the purchased service has been reestablished in any other public retirement system. The Legislator must pay the Boards actuary for the computation and pay the full actuarial cost as determined by the actuary. For the purposes of this subsection, the Federal Old-Age and Survivors Insurance System is not a public retirement system.
4. Any Legislator who has at least 5 years of contributing creditable service may purchase [up to] not more than 5 years of military service regardless of when served if the service is no longer credited in the military retirement system. To validate military service, the Legislator must provide certification of the inclusive dates of active military service performed, pay the Boards actuary for the computation and pay the full actuarial cost as determined by the actuary.
5. Any contributing Legislator may purchase previous service performed for any public employer which is not already credited in the Legislators Retirement System, including service as an elected officer or a person appointed to an elective office for an unexpired term. The former public employer must certify the inclusive dates of employment and number of hours regularly worked by the Legislator to validate such service. The Legislator must pay the Boards actuary for a computation of cost and pay the full cost as determined by the actuary.
Sec. 5. NRS 218.2387 is hereby amended to read as follows:
218.2387 Except as otherwise provided in NRS 286.385, the Director of the Legislative Counsel Bureau shall:
1. Deduct from the compensation of each Legislator who is a member of the Legislators Retirement System an amount equal to 15 percent of the gross compensation earned as a Legislator and transmit that amount to the Board together with the necessary forms prescribed by the Board at intervals designated by the Board; and
κ2005 Statutes of Nevada, Page 1453 (CHAPTER 380, SB 346)κ
Board together with the necessary forms prescribed by the Board at intervals designated by the Board; and
2. Pay to the Board from the Legislative Fund an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the System with enough money to pay all benefits for which the System will be liable.
Sec. 6. NRS 218.23907 is hereby amended to read as follows:
218.23907 1. The Board shall not change the actuarial assumptions used in computing the benefits provided to a Legislator [.] who is a member of the Legislators Retirement System.
2. The Board shall make available to every Legislator upon request the actuarial assumptions used in computing the benefits provided to a member.
Sec. 7. NRS 218.2391 is hereby amended to read as follows:
218.2391 1. At the time of retirement a Legislator who is a member of the Legislators Retirement System may, at his election, choose to receive a reduced service retirement allowance of equivalent actuarial value payable during the members life with the provision that it [shall] continue after his death:
(a) For the life of the beneficiary whom he nominates by written designation [duly] that is acknowledged and filed with the Board at the time of retirement; or
(b) At one-half the rate paid to him and [shall] must be paid at such rate for the life of the beneficiary whom he nominates by written designation [duly] that is acknowledged and filed with the Board at the time of retirement.
2. If the designated beneficiary predeceases the Legislator, the Legislator may [then] receive the full allowance due him at the time of retirement less the actuarial equivalent of the protection received from the time of retirement to the death of the beneficiary. [Such] The adjusted allowance [shall become] is effective on the first day of the month succeeding the death of the beneficiary.
Sec. 8. NRS 218.2392 is hereby amended to read as follows:
218.2392 1. The provisions of NRS 286.671 to 286.679, inclusive, except NRS 286.6775, relating to benefits for survivors pursuant to the Public Employees Retirement System, are applicable to [a Legislators dependents, and such] the dependents of a Legislator who is a member of the Legislators Retirement System, and the benefits for the survivors [shall] must be paid by the Board following the death of [a] the Legislator to the persons entitled thereto from the Legislators Retirement Fund.
2. It is declared that of the contributions required by subsections 1 and 2 of NRS 218.2387 one-half of 1 percent [shall] must be regarded as costs incurred in benefits for survivors.
Sec. 9. NRS 218.2393 is hereby amended to read as follows:
218.2393 1. A person receiving a retirement allowance under NRS 218.2371 to 218.2395, inclusive, who is elected or appointed to the Legislature may not receive a retirement allowance during the period [of time] in which he serves as a Legislator. Upon reentry into retirement he may receive a retirement allowance based upon his previous service and his added service [.] , if he is a member of the Legislators Retirement System during the period of his added service.
κ2005 Statutes of Nevada, Page 1454 (CHAPTER 380, SB 346)κ
2. If a retired Legislator is chosen by election or appointment to fill another elective office, he is entitled to the same allowances as a retired Legislator who has no employment.
Sec. 10. This act becomes effective upon passage and approval.
________
Assembly Bill No. 312Assemblymen Sibley, Hardy, Mabey, Conklin, Parks, Allen, Atkinson, Buckley, Carpenter, Christensen, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hettrick, Horne, Kirkpatrick, Manendo, McCleary, Munford, Oceguera, Perkins, Seale, Sherer and Weber
Joint Sponsors: Senators Titus, Coffin, Townsend, Beers, Carlton, Amodei, Cegavske, Hardy, Heck, Lee and Wiener
CHAPTER 381
AN ACT relating to real property; requiring certain governmental entities to conduct certain sales and other disposals of certain public lands and real property by public auction or upon sealed bids followed by oral offers; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 5, NRS 322.063, 322.065 or 322.075, except as otherwise required by federal law and except for land that is sold or leased pursuant to an agreement entered into pursuant to NRS 277.080 to 277.170, inclusive, when offering any land for sale or lease, the State Land Registrar shall:
(a) Obtain two independent and confidential appraisals of the land before selling or leasing it. The appraisals must have been prepared not more than 6 months before the date on which the land is offered for sale or lease.
(b) Notwithstanding the provisions of chapter 333 of NRS, select the two independent appraisers from the list of appraisers established pursuant to subsection 2.
(c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the State Land Registrar as to the qualifications of an appraiser is conclusive.
2. The State Land Registrar shall adopt regulations for the procedures for creating or amending a list of appraisers qualified to conduct appraisals of land offered for sale or lease by the State Land Registrar. The list must:
(a) Contain the names of all persons qualified to act as a general appraiser in the same county as the land that may be appraised; and
(b) Be organized at random and rotated from time to time.
κ2005 Statutes of Nevada, Page 1455 (CHAPTER 381, AB 312)κ
3. An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the owner of the land or the owner of an adjoining property.
4. An appraiser shall not perform an appraisal on any land offered for sale or lease by the State Land Registrar if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the land or an adjoining property.
5. If a lease of land is for residential property and the term of the lease is 1 year or less, the State Land Registrar shall obtain an analysis of the market value of similar rental properties prepared by a licensed real estate broker or salesman when offering such a property for lease.
Sec. 2. NRS 321.335 is hereby amended to read as follows:
321.335 1. Except as otherwise provided in NRS 321.125 , [and] 321.510, 322.063, 322.065 or 322.075, except as otherwise require by federal law and except for an agreement entered into pursuant to the provisions of NRS 277.080 to 277.170, inclusive, or a lease of residential property with a term of 1 year or less, after April 1, 1957, all sales or leases of any lands that the Division is required to hold pursuant to NRS 321.001, including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.
2. Whenever the State Land Registrar deems it to be in the best interests of the State of Nevada that any lands owned by the State and not used or set apart for public purposes be sold [,] or leased, he may, with the approval of the State Board of Examiners and the Interim Finance Committee, cause those lands to be sold [at public auction or] or leased upon sealed bids, or oral offer after the opening of sealed bids for cash or pursuant to a contract of sale [,] or lease, at a price not less than [their] the highest appraised value for the lands plus the costs of appraisal and publication of notice of sale [.] or lease.
3. Before offering any land for sale [,] or lease, the State Land Registrar shall cause it to be appraised by [a competent appraiser.] competent appraisers selected pursuant to section 1 of this act.
4. After receipt of the report of the [appraiser,] appraisers, the State Land Registrar shall cause a notice of sale or lease to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold or leased is situated, and in such other newspapers as he deems appropriate. If there is no newspaper published in the county where the land to be sold or leased is situated, the notice must be so published in a newspaper published in this State having a general circulation in the county where the land is situated.
5. The notice must contain:
(a) A description of the land to be sold [;] or leased;
(b) A statement of the terms of sale [;] or lease;
(c) A statement [of whether] that the land will be sold [at public auction or upon sealed bids to the highest bidder;
(d) If the sale is to be at public auction, the time and place of sale ; and
(e) If the sale is to be upon sealed bids, the] pursuant to subsection 6; and
(d) The place where the sealed bids will be accepted, the first and last days on which the sealed bids will be accepted, and the time when and place where the sealed bids will be opened [.]
κ2005 Statutes of Nevada, Page 1456 (CHAPTER 381, AB 312)κ
where the sealed bids will be opened [.] and oral offers submitted pursuant to subsection 6 will be accepted.
6. At the time and place fixed in the notice published pursuant to subsection 4, all sealed bids which have been received must, in public session, be opened, examined and declared by the State Land Registrar. Of the proposals submitted which conform to all terms and conditions specified in the notice published pursuant to subsection 4 and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral offer is accepted or the State Land Registrar rejects all bids and offers. Before finally accepting any written bid, the State Land Registrar shall call for oral offers. If, upon the call for oral offers, any responsible person offers to buy or lease the land upon the terms and conditions specified in the notice, for a price exceeding by at least 5 percent the highest written bid, then the highest oral offer which is made by a responsible person must be finally accepted.
7. The State Land Registrar may reject any bid or oral offer to purchase or lease submitted pursuant to subsection 6, if he deems the bid or offer to be:
(a) Contrary to the public interest.
(b) For a lesser amount than is reasonable for the land involved.
(c) On lands which it may be more beneficial for the State to reserve.
(d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.
[7.] 8. Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of sale specified in the notice of sale, the State Land Registrar shall convey title by quitclaim or cause a patent to be issued as provided in NRS 321.320 and 321.330.
[8.] 9. Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of lease specified in the notice of lease, the State Land Registrar shall enter into a lease agreement with the person submitting the accepted bid or oral offer pursuant to the terms of lease specified in the notice of lease.
10. The State Land Registrar may require any person requesting that state land be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the State Land Registrar in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.
11. If land that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the land, the State Land Registrar may offer the land for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the land, the State Land Registrar must obtain a new appraisal of the land pursuant to the provisions of section 1 of this act before offering the land for sale or lease a second time. If land that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the land, the State Land Registrar may list the land for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the land or an adjoining property.
κ2005 Statutes of Nevada, Page 1457 (CHAPTER 381, AB 312)κ
consanguinity or affinity does not have an interest in the land or an adjoining property.
Sec. 3. NRS 322.060 is hereby amended to read as follows:
322.060 [Leases] Subject to the provisions of NRS 321.335, leases or easements authorized pursuant to the provisions of NRS 322.050, and not made for the purpose of extracting oil, coal or gas or the utilization of geothermal resources from the lands leased, must be:
1. For such areas as may be required to accomplish the purpose for which the land is leased or the easement granted.
2. Except as otherwise provided in NRS 322.063, 322.065 and 322.067, for such term and consideration as the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources, as ex officio State Land Registrar, may determine reasonable based upon the fair market value of the land.
3. Executed upon a form to be prepared by the Attorney General. The form must contain all of the covenants and agreements usual or necessary to such leases or easements.
Sec. 4. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. 1. Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2825, 244.284, 244.287, 244.290 and 278.479 to 278.4965, inclusive, except as otherwise required by federal law or pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, and except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party or if the sale or lease of real property larger than 1 acre is approved by the voters at a primary or general election or special election, the board of county commissioners shall, when offering any real property for sale or lease:
(a) Obtain two independent and confidential appraisals of the real property before selling or leasing it. The appraisals must have been prepared not more than 6 months before the date on which the real property is offered for sale or lease.
(b) Select the two independent appraisers from the list of appraisers established pursuant to subsection 2.
(c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the board of county commissioners as to the qualifications of the appraiser is conclusive.
2. The board of county commissioners shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the board. The list must:
(a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and
(b) Be organized at random and rotated from time to time.
3. An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.
κ2005 Statutes of Nevada, Page 1458 (CHAPTER 381, AB 312)κ
4. An appraiser shall not perform an appraisal on any real property for sale or lease by the board of county commissioners if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property.
Sec. 6. 1. A board of county commissioners may sell, lease or otherwise dispose of real property for the purposes of redevelopment or economic development:
(a) Without first offering the real property to the public; and
(b) For less than fair market value of the real property.
2. Before a board of county commissioners may sell, lease or otherwise dispose of real property pursuant to this section, the board must:
(a) Obtain an appraisal of the real property pursuant to section 4 of this act; and
(b) Adopt a resolution finding that it is in the best interest of the public to sell, lease or otherwise dispose of the real property:
(1) Without offering the real property to the public; and
(2) For less than fair market value of the real property.
3. As used in this section:
(a) Economic development means:
(1) The establishment of new commercial enterprises or facilities within the county;
(2) The support, retention or expansion of existing commercial enterprises or facilities within the county;
(3) The establishment, retention or expansion of public, quasi-public or other facilities or operations within the county;
(4) The establishment of residential housing needed to support the establishment of new commercial enterprises or facilities or the expansion of existing commercial enterprises or facilities; or
(5) Any combination of the activities described in subparagraphs (1) to (4), inclusive,
Κ to create and retain opportunities of employment for the residents of the county.
(b) Redevelopment has the meaning ascribed to it in NRS 279.408.
Sec. 7. NRS 244.281 is hereby amended to read as follows:
244.281 Except as otherwise provided in this section and section 5 of this act and NRS 244.189, 244.276, 244.279, 244.2825 [and 244.288:] , 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, except as otherwise required by federal law or pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, and except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party or if the sale or lease of real property larger than 1 acre is approved by the voters at a primary or general election or special election:
1. When a board of county commissioners has determined by resolution that the sale or [exchange] lease of any real property owned by the county will be for purposes other than to establish, align, realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, or flood control facility within the county and will be in the best interest of the county, it may:
κ2005 Statutes of Nevada, Page 1459 (CHAPTER 381, AB 312)κ
(a) Sell the property [at public auction,] in the manner prescribed for the sale of real property in NRS 244.282.
(b) [Sell the property through a licensed real estate broker, or if there is no real estate broker resident of the county, the board of county commissioners may negotiate the sale of the property. No exclusive listing may be given. In all listings, the board of county commissioners shall specify the minimum price, the terms of sale and the commission to be allowed, which must not exceed the normal commissions prevailing in the community at the time.
(c) Exchange the property for other real property of substantially equal value, or for other real property plus an amount of money equal to the difference in value, if it has also determined by resolution that the acquisition of the other real property will be in the best interest of the county.] Lease the property in the manner prescribed for the lease of real property in NRS 244.283.
2. Before the board of county commissioners may sell [or exchange] or lease any real property as provided in [paragraphs (b) and (c) of] subsection 1, it shall:
(a) Post copies of the resolution described in subsection 1 in three public places in the county; and
(b) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:
(1) A description of the real property proposed to be sold or [exchanged] leased in such a manner as to identify it;
(2) The minimum price, if applicable, of the real property proposed to be sold or [exchanged;] leased; and
(3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.
Κ If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.
3. [In addition to the requirements set forth in paragraph (b) of subsection 2, in case of:
(a) A sale, the notice must state the name of the licensed real estate broker handling the sale and invite interested persons to negotiate with him.
(b) An exchange, the notice must call for offers of cash or exchange. The commission shall accept the highest and best offer.
4.] If the board of county commissioners by its resolution further finds that the property to be sold or leased is worth more than $1,000, the board shall appoint [one] two or more disinterested, competent real estate appraisers pursuant to section 4 of this act to appraise the property [,] and, except for property acquired pursuant to NRS 371.047, shall not sell or [exchange] lease it for less than the highest appraised value.
[5.] 4. If the property is appraised at $1,000 or more, the board of county commissioners may [sell it] :
(a) Lease the property; or
(b) Sell the property either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.
κ2005 Statutes of Nevada, Page 1460 (CHAPTER 381, AB 312)κ
secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.
5. A board of county commissioners may sell or lease any real property owned by the county without complying with the provisions of NRS 244.282 or 244.283 to:
(a) A person who owns real property located adjacent to the real property to be sold or leased if the board has determined by resolution that:
(1) The real property is a:
(I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;
(II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property for sale or lease; or
(III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property for sale or lease; and
(2) The sale will be in the best interest of the county.
(b) Another governmental entity if:
(1) The sale or lease restricts the use of the real property to a public use; and
(2) The board adopts a resolution finding that the sale or lease will be in the best interest of the county.
6. A board of county commissioners that disposes of real property pursuant to subsection 4 is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.
7. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the board of county commissioners may offer the real property for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the board of county commissioners must obtain a new appraisal of the real property pursuant to the provisions of section 4 of this act before offering the real property for sale or lease a second time. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the board of county commissioners may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.
8. As used in this section, flood control facility has the meaning ascribed to it in NRS 244.276.
Sec. 8. NRS 244.290 is hereby amended to read as follows:
244.290 1. Except as otherwise provided in NRS 278.480 for the vacation of streets and easements, the board of county commissioners of any county may reconvey all the right, title and interest of the county in and to any land donated, dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding for a public park, public square, public landing, public roadway, public right-of-way, agricultural fairground, aviation field, automobile parking ground or facility for the accommodation of the traveling public, or land held in trust for the public for any other public use or uses, or any part thereof, to the person:
κ2005 Statutes of Nevada, Page 1461 (CHAPTER 381, AB 312)κ
agricultural fairground, aviation field, automobile parking ground or facility for the accommodation of the traveling public, or land held in trust for the public for any other public use or uses, or any part thereof, to the person:
(a) By whom the land was donated or dedicated or to his heirs, assigns or successors, upon such terms as may be prescribed by a resolution of the board; or
(b) From whom the land was acquired in accordance with the provisions of chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, or to his heirs, assigns or successors, for an amount equal to the [appraised value of] amount paid for the land [at the time of the reconveyance.
Κ The reconveyance may be made whether the land is held by the county solely or as tenant in common with any municipality or other political subdivision of this State under the dedication.
2. If the county has a planning commission, the board shall refer the proposal for reconveyance to the planning commission which shall consider the proposal and submit its recommendation to the board.
3. The board shall hold at least one public hearing upon the proposal for reconveyance. Notice of the time and place of the hearing must be:
(a) Published at least once in a newspaper of general circulation in the county;
(b) Mailed to all owners of record of real property located within 300 feet of the land proposed for reconveyance; and
(c) Posted in a conspicuous place on the property and, in this case, must set forth additionally the extent of the proposal for reconveyance.
Κ The hearing must be held not less than 10 days nor more than 40 days after the notice is so published, mailed and posted.
4.] by the board.
2. If the board [, after the hearing,] determines that maintenance of the property [by the county solely or with a co-owner] is unnecessarily burdensome to the county or that reconveyance would be [otherwise advantageous to] in the best interest of the county and its [citizens,] residents, the board [shall] may formally adopt a resolution stating that determination. Upon the adoption of the resolution, the chairman or an authorized representative of the board shall [execute a deed] issue a written offer of reconveyance [on behalf of the county and the county clerk shall attest the deed under the seal of the county.
5. The board may sell land which has been donated, dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, for a public purpose described in subsection 1, or may exchange that land for other land of equal value, if:
(a) The] to the person from whom the real property was received or acquired, or his successor in interest.
3. If the person from whom the land was received or acquired , or his successor in interest [refuses] :
(a) Accepts the offer of reconveyance within 45 days after the date of the offer, the board of county commissioners shall execute a deed of reconveyance.
(b) Refuses to accept the offer of reconveyance or states in writing that he is unable to accept the offer of reconveyance [; or
(b) The land has been combined with other land owned by the county and improved in such manner as would reasonably preclude the division of the land, together with the land with which it has been combined, into separate parcels.]
κ2005 Statutes of Nevada, Page 1462 (CHAPTER 381, AB 312)κ
the land, together with the land with which it has been combined, into separate parcels.] , the board of county commissioners may sell or lease the real property in accordance with the provisions of this chapter.
Sec. 9. NRS 266.265 is hereby amended to read as follows:
266.265 1. The city council may:
(a) Control the property of the city.
(b) Erect and maintain all buildings, structures and other improvements for the use of the city.
(c) [Purchase,] Except as otherwise provided in sections 12, 13 and 14 of this act, 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. Except as otherwise provided by law, the city council may not mortgage, hypothecate or pledge any property of the city for any purpose.
Sec. 10. NRS 266.267 is hereby amended to read as follows:
266.267 1. A city council shall not enter into a lease of real property owned by the city for a term of 3 years or longer or enter into a contract for the sale [or exchange] of real property until after the property has been appraised [by one disinterested appraiser employed by the city.] pursuant to section 12 of this act. Except as otherwise provided in this section and paragraph (a) of subsection 1 of NRS 268.050 [, a lease, sale or exchange] :
(a) The sale or lease of real property must be made in the manner required pursuant to sections 12, 13 and 14 of this act; and
(b) A lease or sale must be made at or above the [current] highest appraised value of the real property as determined [by the appraiser unless the city council, in a public hearing held before the adoption of the resolution to lease, sell or exchange the property, determines by affirmative vote of not fewer than two-thirds of the entire city council based upon specified findings of fact that a lesser value would be in the best interest of the public. For the purposes of this subsection, an appraisal is not considered current if it is more than 3 years old.] pursuant to the appraisal conducted pursuant to section 12 of this act.
2. The city council may sell [, lease or exchange] or lease real property for less than its appraised value to any person who maintains or intends to maintain a business within the boundaries of the city which is eligible pursuant to NRS 374.357 for an abatement from the sales and use taxes imposed pursuant to chapter 374 of NRS.
Sec. 11. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 15, inclusive, of this act.
Sec. 12. 1. Except as otherwise provided in NRS 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwise required by federal law or pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, and except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party or if the sale or lease of real property larger than 1 acre is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:
(a) Obtain two independent and confidential appraisals of the real property before selling or leasing it. The appraisals must be based on the zoning of the real property as set forth in the master plan for the city and have been prepared not more than 6 months before the date on which real property is offered for sale or lease.
κ2005 Statutes of Nevada, Page 1463 (CHAPTER 381, AB 312)κ
zoning of the real property as set forth in the master plan for the city and have been prepared not more than 6 months before the date on which real property is offered for sale or lease.
(b) Select the two independent appraisers from the list of appraisers established pursuant to subsection 2.
(c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the governing body as to the qualifications of the appraiser is conclusive.
2. The governing body shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the governing body. The list must:
(a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and
(b) Be organized at random and rotated from time to time.
3. An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.
4. An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property.
Sec. 13. Except as otherwise provided in this section and section 15 of this act, NRS 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwise provided by federal law or pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, and except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party or if the sale or lease of real property larger than 1 acre is approved by the voters at a primary or general election, primary or general city election or special election:
1. If a governing body has determined by resolution that the sale or lease of any real property owned by the city will be in the best interest of the city, it may sell or lease the real property in the manner prescribed for the sale or lease of real property in section 14 of this act.
2. Before the governing body may sell or lease any real property as provided in subsection 1, it shall:
(a) Post copies of the resolution described in subsection 1 in three public places in the city; and
(b) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:
(1) A description of the real property proposed to be sold or leased in such a manner as to identify it;
(2) The minimum price, if applicable, of the real property proposed to be sold or leased; and
(3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.
κ2005 Statutes of Nevada, Page 1464 (CHAPTER 381, AB 312)κ
Κ If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.
3. If the governing body by its resolution finds additionally that the real property to be sold is worth more than $1,000, the board shall conduct an appraisal pursuant to section 12 of this act to determine the value of the real property and, except for real property acquired pursuant to NRS 371.047, shall not sell or lease it for less than the highest appraised value.
4. If the real property is appraised at $1,000 or more, the governing body may:
(a) Lease the real property; or
(b) Sell the real property for:
(1) Cash; or
(2) Not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust bearing such interest and upon such further terms as the governing body may specify.
5. A governing body may sell or lease any real property owned by the city without complying with the provisions of sections 12, 13 and 14 of this act to:
(a) A person who owns real property located adjacent to the real property to be sold or leased if the governing body has determined by resolution that:
(1) The real property is a:
(I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;
(II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; or
(III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; and
(2) The sale or lease will be in the best interest of the city.
(b) Another governmental entity if:
(1) The sale or lease restricts the use of the real property to a public use; and
(2) The governing body adopts a resolution finding that the sale or lease will be in the best interest of the city.
6. A governing body that disposes of real property pursuant to subsection 5 is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.
7. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the governing body may offer the real property for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the governing body must obtain a new appraisal of the real property pursuant to the provisions of section 12 of this act before offering the real property for sale or lease a second time. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the governing body may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.
κ2005 Statutes of Nevada, Page 1465 (CHAPTER 381, AB 312)κ
real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the governing body may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.
Sec. 14. 1. Except as otherwise provided in this section and section 15 of this act and NRS 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwise required by federal law or pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, and except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party or if the sale or lease of real property larger than 1 acre is approved by the voters at a primary or general election, the governing body shall, in open meeting by a majority vote of the members and before ordering the sale or lease at auction of any real property, adopt a resolution declaring its intention to sell or lease the property at auction. The resolution must:
(a) Describe the property proposed to be sold or leased in such a manner as to identify it;
(b) Specify the minimum price and the terms upon which the property will be sold or leased; and
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the governing body to be held at its regular place of meeting, at which sealed bids will be received and considered.
2. Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
(b) Causing to be published at least once a week for 3 successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:
(1) A description of the real property proposed to be sold or leased at auction in such a manner as to identify it;
(2) The minimum price of the real property proposed to be sold or leased at auction; and
(3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.
Κ If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.
3. At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received must, in public session, be opened, examined and declared by the governing body. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or lease and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the governing body rejects all bids.
κ2005 Statutes of Nevada, Page 1466 (CHAPTER 381, AB 312)κ
4. Before accepting any written bid, the governing body shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy or lease the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.
5. The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
6. The governing body may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale or lease.
7. Any resolution of acceptance of any bid made by the governing body must authorize and direct the chairman to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessor with all the terms or conditions of his contract which are to be performed concurrently therewith.
Sec. 15. 1. A governing body may sell, lease or otherwise dispose of real property for the purposes of redevelopment or economic development:
(a) Without first offering the real property to the public; and
(b) For less than fair market value of the real property.
2. Before a governing body may sell, lease or otherwise dispose of real property pursuant to this section, the governing body must:
(a) Obtain an appraisal of the property pursuant to section 12 of this act; and
(b) Adopt a resolution finding that it is in the best interests of the public to sell, lease or otherwise dispose of the property:
(1) Without offering the property to the public; and
(2) For less than fair market value of the real property.
3. As used in this section:
(a) Economic development means:
(1) The establishment of new commercial enterprises or facilities within the city;
(2) The support, retention or expansion of existing commercial enterprises or facilities within the city;
(3) The establishment, retention or expansion of public, quasi-public or other facilities or operations within the city;
(4) The establishment of residential housing needed to support the establishment of new commercial enterprises or facilities or the expansion of existing commercial enterprises or facilities; or
(5) Any combination of the activities described in subparagraphs (1) to (4), inclusive,
Κ to create and retain opportunities for employment for the residents of the city.
(b) Redevelopment has the meaning ascribed to it in NRS 279.408.
Sec. 16. NRS 268.008 is hereby amended to read as follows:
268.008 An incorporated city may:
1. Have and use a common seal, which it may alter at pleasure.
2. Purchase, receive, hold and use personal and real property wherever situated.
κ2005 Statutes of Nevada, Page 1467 (CHAPTER 381, AB 312)κ
3. [Sell,] Except as otherwise provided in sections 12, 13 and 14 of this act, sell, convey and dispose of such personal and real property for the common benefit.
4. Determine what are public uses with respect to powers of eminent domain.
5. Acquire, own and operate a public transit system both within and without the city.
6. Receive bequests, devises, gifts and donations of all kinds of property wherever situated in fee simple, in trust or otherwise, for charitable or other purposes and do anything necessary to carry out the purposes of such bequests, devises, gifts and donations with full power to manage, sell, lease or otherwise dispose of such property in accordance with the terms of such bequest, devise, gift or donation.
Sec. 17. NRS 268.050 is hereby amended to read as follows:
268.050 1. The governing body of any incorporated city in this State may reconvey all the right, title and interest of the city in and to any land donated, dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, for a public park, public square, public landing, agricultural fairground, aviation field, automobile parking ground or facility for the accommodation of the traveling public, or land held in trust for the public for any other public use or uses, or any part thereof, to the person:
(a) By whom the land was donated or dedicated or to his heirs, assigns or successors, upon such terms as may be prescribed by a resolution of the governing body; or
(b) From whom the land was acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, or to his heirs, assigns or successors, for an amount equal to the [appraised value of] amount paid for the land [at the time of the reconveyance.
Κ The reconveyance may be made whether the land is held by the city solely or as tenant in common with any other municipality or other political subdivision of this State under the dedication.
2. If the city has a planning commission, the governing body shall refer the proposal for reconveyance to the planning commission which shall consider the proposal and submit its recommendation to the governing body.
3. The governing body shall hold at least one public hearing upon the proposal for reconveyance. Notice of the time and place of the hearing must be:
(a) Published at least once in a newspaper of general circulation in the city or county;
(b) Mailed to all owners of record of real property located within 300 feet of the land proposed for reconveyance; and
(c) Posted in a conspicuous place on the property and, in this case, must set forth additionally the extent of the proposal for reconveyance.
Κ The hearing must be held not less than 10 days nor more than 40 days after the notice is so published, mailed and posted.
4.] by the governing body.
2. If the governing body [, after the hearing,] determines that maintenance of the property [by the city solely or with a co-owner] is unnecessarily burdensome to the city or that reconveyance would be [otherwise advantageous to] in the best interest of the city and its [citizens,] residents, the governing body [shall] may formally adopt a resolution stating that determination.
κ2005 Statutes of Nevada, Page 1468 (CHAPTER 381, AB 312)κ
that determination. Upon the adoption of the resolution, the presiding officer of the governing body shall [execute a deed] issue a written offer of reconveyance [on behalf of the city and the city clerk shall attest the deed under the seal of the city.
5. The governing body may sell land which has been donated, dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, for a public purpose described in subsection 1, or may exchange that land for other land of equal value, if:
(a) The] to the person from whom the land was received or acquired or his successor in interest . [refuses]
3. If the person from whom the real property was received or acquired, or his successor in interest:
(a) Accepts the offer of reconveyance within 45 days after the date of the offer, the governing body shall execute a deed or reconveyance.
(b) Refuses to accept the offer of reconveyance or states in writing that he is unable to accept the reconveyance [; or
(b) The land has been combined with other land owned by the city and improved in such a manner as would reasonably preclude the division of the land, together with the land with which it has been combined, into separate parcels.] , the governing body may sell or lease the real property in accordance with the provisions of the chapter.
Sec. 18. NRS 381.006 is hereby amended to read as follows:
381.006 For the property and facilities of the Division, the Administrator:
1. Is responsible to the Director for the general administration of the Division and its institutions and for the submission of its budgets, which must include the combined budgets of its institutions.
2. Shall supervise the museum directors of its institutions in matters pertaining to the general administration of the institutions.
3. Shall coordinate the submission of requests by its institutions for assistance from governmental sources.
4. Shall oversee the public relations of its institutions.
5. Shall superintend the planning and development of any new facilities for the Division or its institutions.
6. Shall assist the efforts of its institutions in improving their services to the rural counties.
7. Shall supervise the facilities for storage which are jointly owned or used by any of its institutions.
8. Shall trade, exchange and transfer exhibits and equipment when he considers it proper and the transactions are not sales.
9. May contract with any person to provide concessions on the grounds of the property and facilities of the Division, provided that any contract permitting control of real property of the Division by a nongovernmental entity must be executed as a lease pursuant to NRS 321.003, 321.335, 322.050, 322.060 and 322.070.
10. Shall oversee the supervision, control, management and operation of any buildings or properties in this State that are under the control of the Division.
11. Shall supervise the furnishing, remodeling, repairing, alteration and erection of premises and buildings of the Division or premises and buildings that may be conveyed or made available to the Division.
κ2005 Statutes of Nevada, Page 1469 (CHAPTER 381, AB 312)κ
Sec. 19. NRS 496.080 is hereby amended to read as follows:
496.080 1. Except as otherwise provided in subsection 2 or as may be limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, every municipality may, by sale, lease or otherwise, dispose of any airport, air navigation facility, or other property, or portion thereof or interest therein, acquired pursuant to this chapter.
2. The disposal by sale, lease or otherwise [shall be in] must be:
(a) Made by public auction; and
(b) In accordance with the laws of this State, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the State or Federal Government for aeronautical purposes incident thereto, the sale, lease or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality, and except as otherwise provided in subsections 3, 4 and 5 of NRS 496.090.
Sec. 20. NRS 496.090 is hereby amended to read as follows:
496.090 1. In operating an airport or air navigation facility or any other facilities appertaining to the airport owned, leased or controlled by a municipality, the municipality may, except as limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, enter into:
(a) Contracts, leases and other arrangements with any persons:
(1) Granting the privilege of using or improving the airport or air navigation facility, or any portion or facility thereof, or space therein, for commercial purposes. The municipality may, if it determines that an improvement benefits the municipality, reimburse the person granted the privilege for all or any portion of the cost of making the improvement.
(2) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility or other facilities.
(3) Making available services to be furnished by the municipality or its agents or by other persons at the airport or air navigation facility or other facilities.
(4) Providing for the maintenance of the airport or air navigation facility, or any portion or facility thereof, or space therein.
(5) Allowing residential occupancy of property acquired by the municipality.
(b) Contracts for the sale of revenue bonds or other securities whose issuance is authorized by the Local Government Securities Law or NRS 496.150 or 496.155, for delivery within 10 years after the date of the contract.
2. In each case the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service and must be established with due regard to the property and improvements used and the expenses of operation to the municipality.
3. [As] Except as otherwise provided in this subsection, and as an alternative to the procedure provided in subsection 2 of NRS 496.080, to the extent of its applicability, the governing body of any municipality may authorize it to enter into any such contracts, leases and other arrangements with any persons, as provided in this section, for a period not exceeding 50 years, upon such terms and conditions as the governing body deems proper.
κ2005 Statutes of Nevada, Page 1470 (CHAPTER 381, AB 312)κ
The provisions of this subsection must not be used to circumvent the requirement set forth in subsection 2 of NRS 496.080 that the disposal of real property be made by public auction.
4. Before entering into any such contract, lease or other arrangements, the municipality shall publish notice of its intention in general terms in a newspaper of general circulation within the municipality at least once a week for 21 days or three times during a period of 10 days. If there is not a newspaper of general circulation within the municipality, the municipality shall post a notice of its intention in a public place at least once a week for 30 days. The notice must specify that a regular meeting of the governing body is to be held, at which meeting any interested person may appear. No such contract, lease or other arrangement may be entered into by the municipality until after the notice has been given and a meeting held as provided in this subsection.
5. Any member of a municipalitys governing body may vote on any such contract, lease or other arrangement notwithstanding the fact that the term of the contract, lease or other arrangement may extend beyond his term of office.
Sec. 21. Section 10 of the Airport Authority Act for Battle Mountain, being Chapter 458, Statutes of Nevada 1983, as amended by Chapter 230, Statutes of Nevada 1991, at page 508, is hereby amended to read as follows:
Sec. 10. Authority: General powers. The Authority may do all things necessary to accomplish the purposes of this act. The Authority may, by reason of example and not of limitation:
1. Have perpetual succession and sue and be sued.
2. Plan, establish, acquire, construct, improve and operate an airport within Lander County.
3. Acquire real or personal property or any interest therein by gift, lease or purchase for any of the purposes provided in this section, including the elimination, prevention or marking of airport hazards.
4. [Sell,] Except as otherwise provided in this subsection, sell, lease or otherwise dispose of any real property. If the Authority sells or otherwise disposes of real property, the sale or other disposal must be made by public auction.
5. Acquire real property or any interest therein in areas most affected by aircraft noise for the purpose of resale or lease thereof, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft noise.
6. Enter into agreements with Lander County and Battle Mountain to acquire, by lease, gift, purchase or otherwise, any airport of the county or municipality and to operate the airport.
7. Exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a town of private property for public use to take any property necessary to the exercise of the powers granted, within the designated district in Lander County.
8. Apply directly to the proper federal, state, county and municipal officials and agencies or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and accept the same.
κ2005 Statutes of Nevada, Page 1471 (CHAPTER 381, AB 312)κ
9. Prepare and adopt a comprehensive, long-term general plan for the physical development of all property owned and operated by the Authority for submission to the Board of County Commissioners of Lander County. The Authority may prepare and adopt for approval by the Board of County Commissioners of Lander County a comprehensive zoning plan of all property owned or operated by the Authority. The zoning plan must be consistent with the requirements of chapter 497 of NRS and any applicable federal laws and regulations.
10. Have control of its airports with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and enter into agreements with carriers for the payment of landing fees, rental rates and other charges.
11. Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of Lander County or Battle Mountain, with the consent of the county or municipality and subject to such terms and conditions as may be agreed upon.
12. Enter upon such lands, waters or premises as in the judgment of the Authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this act. The Authority is liable for actual damage done.
13. Provide its own fire protection, police and crash and rescue service.
14. Contract with carriers with regard to landings and the accommodations of the employees and passengers of such carriers.
15. Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the Authority, as necessary or incidental to the operation of the airports.
16. Hire and retain officers, agents and employees, including a fiscal adviser, engineers, attorneys or other professional or specialized personnel.
17. Adopt regulations governing vehicular traffic on its airports relating , but not limited to , speed restrictions, stopping, standing and parking, loading zones, turning movements and parking meters. It is unlawful for any person to do any act forbidden or fail to perform any act required in such regulations.
Sec. 22. Section 9 of the Airport Authority Act for Carson City, being Chapter 844, Statutes of Nevada 1989, at page 2026, is hereby amended to read as follows:
Sec. 9. Board: General powers. The Board may:
1. Acquire real and personal property by gift or devise for the purposes provided in this act.
2. With the approval of the Board of Supervisors:
(a) Acquire real and personal property by purchase or lease for the purposes provided in this act.
(b) [Lease,] Except as otherwise provided in this paragraph, lease, sell or otherwise dispose of any property. If the Board sells or otherwise disposes of real property, the sale or other disposal must be made by public auction.
κ2005 Statutes of Nevada, Page 1472 (CHAPTER 381, AB 312)κ
otherwise disposes of real property, the sale or other disposal must be made by public auction.
3. Recommend to the Board of Supervisors any changes in the laws governing zoning necessary to comply with the regulations of the Federal Aviation Administration or to limit the uses of the area near the airport to those least affected by noise.
4. Use, in the performance of its functions, the officers, employees, facilities and equipment of Carson City, with the consent of Carson City and subject to such terms and conditions as may be agreed upon by the Board and the Board of Supervisors.
5. Provide emergency services for the Authority.
6. Contract with any person, including any person who transports passengers or cargo by air, to provide goods and services as necessary or desirable to the operation of the airport. Any contract between the Board and a fixed base operator must be submitted for approval by the Board of Supervisors.
7. Employ a manager of the airport, fiscal advisers, engineers, attorneys and other personnel necessary to the discharge of its duties.
8. Apply to any public or private source for loans, grants, guarantees or other financial assistance.
9. Establish fees, rates and other charges for the use of the airport.
10. Regulate vehicular traffic at the airport.
11. Adopt, enforce, amend and repeal any rules and regulations necessary for the administration and use of the airport.
12. Take such other action as is necessary to comply with any statute or regulation of this State or of the Federal Government.
Sec. 23. Section 10 of the Airport Authority Act for Washoe County, being Chapter 474, Statutes of Nevada 1977, as last amended by Chapter 359, Statutes of Nevada 1997, at page 1299, is hereby amended to read as follows:
Sec. 10. Authority: General powers. The Authority may do all things necessary to accomplish the purposes of this act. The Authority has perpetual succession and may, by way of example and not of limitation:
1. Sue and be sued.
2. Plan, establish, acquire, construct, improve and operate one or more airports within Washoe County.
3. Acquire real or personal property or any interest therein by gift, lease or purchase for any of the purposes provided in this section, including the elimination, prevention or marking of airport hazards.
4. [Sell,] Except as otherwise provided in this subsection, sell, lease or otherwise dispose of any real property in such manner and upon such terms and conditions as the Board deems proper and in the best interests of the Authority. If the Authority sells real property, the Authority must obtain an appraisal of the property and the sale must be made by public auction unless the Authority:
(a) Sells the property at its fair market value; or
(b) If the Authority will sell the property at less than its fair market value, the Board adopts a written finding by a majority of the entire Board as to the difference between the price at which the property will be sold and the fair market value of the property.
κ2005 Statutes of Nevada, Page 1473 (CHAPTER 381, AB 312)κ
5. Acquire real property or any interest therein in areas most affected by the noise of aircraft for the purpose of resale or lease thereof, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft noise.
6. Enter into agreements with Washoe County and the cities of Reno and Sparks to acquire, by lease, gift, purchase or otherwise, any airport of such county or municipality and to operate that airport.
7. Exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a city of private property for public use to take any property necessary to the exercise of the powers granted, within Washoe County.
8. Apply directly to the proper federal, state, county and municipal officials and agencies or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and accept the same.
9. Study and recommend to the Board of County Commissioners of Washoe County and the city councils of the cities of Reno and Sparks zoning changes in the area of any airport operated by the Authority with respect to noise, height and aviation obstructions in order to enable the Authority to meet the requirements of any regulations of the Federal Aviation Administration.
10. Control its airports with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and enter into agreements with carriers for the payment of landing fees, rental rates and other charges.
11. Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of Washoe County or the cities of Reno and Sparks, with the consent of the respective county or municipality, and subject to such terms and conditions as may be agreed upon.
12. Enter upon such lands, waters or premises as in the judgment of the Authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this act. The Authority is liable for actual damage done.
13. Provide its own fire protection, police and crash and rescue service. A person employed by the Authority to provide police service to the Authority has the powers and must have the training required of a law enforcement officer pursuant to Part 107 of Title 14 of the Code of Federal Regulations, as those provisions existed on January 1, 1997. A person employed by the Authority to provide police service shall be deemed to be a peace officer for the purposes of determining retirement benefits under the Public Employees Retirement System.
14. Contract with carriers with regard to landings and the accommodations of the employees and passengers of those carriers.
15. Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the Authority, as necessary or incidental to the operation of the airports.
κ2005 Statutes of Nevada, Page 1474 (CHAPTER 381, AB 312)κ
16. Hire and retain officers, agents and employees, including a fiscal adviser, engineers, attorneys or other professional or specialized personnel.
17. Adopt regulations governing vehicular traffic on the public areas of its airports relating to , but not limited to , speed restrictions, turning movements and other moving violations. It is unlawful for any person to do any act forbidden or fail to perform any act required in such regulations.
18. Adopt regulations governing parking, loading zones and ground transportation operations on its airports and governing traffic on restricted areas of its airports. The Authority may establish a system of:
(a) Administrative procedures for review of alleged violations of such regulations; and
(b) Remedies for violations of such regulations, including the imposition of administrative fines to be imposed upon and collected from persons violating such regulations.
Sec. 24. On or before February 1, 2007, the State Land Registrar, the board of county commissioners of each county, the governing body of each incorporated city, the Airport Authority of Battle Mountain, the Airport Authority of Carson City and the Airport Authority of Washoe County shall submit to the Director of the Legislative Counsel Bureau for transmittal to the 74th Session of the Nevada Legislature a written report on the sales or leases of property owned by the respective entity during the period beginning October 1, 2005, and ending December 31, 2006.
Sec. 25. This act becomes effective on July 1, 2005.
________
Senate Bill No. 458Committee on Human Resources and Education
CHAPTER 382
AN ACT relating to health care; requiring a hospital to ensure that certain persons who are transported to the hospital are transferred to an appropriate place in the hospital to receive emergency services and care in a timely manner; requiring the Health Division of the Department of Human Resources to conduct a study concerning the cause of excessive waiting times for a person to receive emergency services and care from a hospital after being transported to the hospital by a provider of emergency medical services; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each hospital in this State which receives a person in need of emergency services and care who has been transported to the hospital by an ambulance, air ambulance or vehicle of a fire-fighting agency that has a permit to operate pursuant to this chapter shall ensure that the person is transferred to a bed, chair, gurney or other appropriate place in the hospital to receive emergency services and care as soon as practicable, but not later than 30 minutes after the time at which the person arrives at the hospital.
κ2005 Statutes of Nevada, Page 1475 (CHAPTER 382, SB 458)κ
a permit to operate pursuant to this chapter shall ensure that the person is transferred to a bed, chair, gurney or other appropriate place in the hospital to receive emergency services and care as soon as practicable, but not later than 30 minutes after the time at which the person arrives at the hospital.
2. The Health Division shall adopt regulations concerning the manner in which a hospital and an attendant responsible for the care of a person in need of emergency services and care during transport to the hospital shall determine and track the time at which a person arrives at a hospital and the time at which the person is transferred to an appropriate place in the hospital to receive emergency services and care for the purposes of this section. The regulations must provide that:
(a) The time at which a person arrives at a hospital is the time at which he is presented to the emergency room of the hospital; and
(b) The time at which the person is transferred to an appropriate place in the hospital to receive emergency services and care is the time at which the person is physically in that place and the staff of the emergency room of the hospital have received a report concerning the person.
3. This section does not create a duty of care and is not a ground for civil or criminal liability.
4. As used in this section:
(a) Emergency services and care has the meaning ascribed to it in NRS 439B.410.
(b) Hospital has the meaning ascribed to it in NRS 449.012.
Sec. 2. 1. The Health Division of the Department of Human Resources shall conduct a study to identify:
(a) The causes of excessive waiting time at hospitals for the provision of emergency services and care of persons in need of such services and care who have been transported to the hospital by an ambulance, air ambulance or vehicle of a fire-fighting agency which has a permit to operate pursuant to chapter 450B of NRS; and
(b) Any corrective actions that may eliminate such excessive waiting times.
2. Except as otherwise provided in subsection 7, each hospital, each operator of an ambulance or air ambulance and each fire-fighting agency which has a permit to operate pursuant to chapter 450B of NRS and which provides transportation for persons in need of emergency services and care to a hospital must:
(a) Participate in the study conducted by the Health Division pursuant to this section by collecting information concerning the waiting time for the provision of emergency services and care to each person who is transported to a hospital in accordance with the system of tracking such information that is developed by the Health Division pursuant to subsection 3; and
(b) Submit to the Health Division the information which is collected pursuant to paragraph (a).
3. For the purpose of collecting data for the study required pursuant to this section, the Health Division shall establish a system of tracking information concerning the waiting times of persons for the provision of emergency services and care at a hospital and the surrounding circumstances for such waiting times each time a person is transported to a hospital by an ambulance, air ambulance or vehicle of a fire-fighting agency. The system of tracking must include, without limitation, an electronic or manual method of tracking, in accordance with the regulations adopted by the Health Division pursuant to section 1 of this act:
κ2005 Statutes of Nevada, Page 1476 (CHAPTER 382, SB 458)κ
tracking, in accordance with the regulations adopted by the Health Division pursuant to section 1 of this act:
(a) The time at which a person arrives at the hospital;
(b) The time at which the person is transferred to an appropriate place in the hospital to receive emergency services and care;
(c) Information relating to the circumstances surrounding the arrival of the person provided by the providers of emergency medical services who transport the person to the hospital and by the personnel of the hospital who are responsible for the care of the person after the person arrives at the hospital, including, without limitation, information concerning the volume of patients at the hospital at the time of arrival, the number of personnel at the hospital available to treat the person and the medical condition of the person at the time of his arrival at the hospital;
(d) A unique identifier that is assigned to each transfer of a person to a hospital by an ambulance, air ambulance or vehicle of a fire-fighting agency which allows the transfer to be identified and reviewed; and
(e) The names and signatures of the providers of emergency medical services who transport the person to the hospital and of the personnel of the hospital who are responsible for the care of the person after the person arrives at the hospital.
4. The Health Division shall ensure that:
(a) The information collected pursuant to subsection 3 is available to any person or entity participating in the study; and
(b) The system of tracking established pursuant to subsection 3 and all other aspects of the study comply with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
5. The Health Division shall appoint for each county in which hospitals and providers of emergency medical services are participating in the study conducted by the Division pursuant to this section an advisory committee consisting of the health officer of the county, a representative of each hospital in the county and a representative of each operator of an ambulance or air ambulance and a representative of each fire-fighting agency which has a permit to operate pursuant to chapter 450B of NRS and which provides transportation for persons in need of emergency services and care to hospitals in the county. Each member of the advisory committee serves without compensation and is not entitled to receive a per diem allowance or travel expenses. The advisory committee shall:
(a) Review the data which has been collected and submitted to the Health Division concerning the waiting times for the provision of emergency services and care, the manner in which such data was collected and any circumstances surrounding such waiting times;
(b) Review each incident in which a person was transferred to an appropriate place in the hospital to receive emergency services and care more than 30 minutes after arriving at the hospital and determine all causes for such a delay; and
(c) Submit a report of its findings to the Health Division.
6. Each hospital and each operator of an ambulance or air ambulance and each fire-fighting agency which has a permit to operate pursuant to chapter 450B of NRS and which provides transportation for persons in need of emergency services and care to the hospitals in a county whose population is 400,000 or more must participate in the study required pursuant to this section.
κ2005 Statutes of Nevada, Page 1477 (CHAPTER 382, SB 458)κ
7. Except as otherwise provided in subsection 8, the hospitals and the providers of emergency medical services which provide transportation for persons in need of emergency services and care to the hospitals in a county whose population is less than 400,000 are not required to participate in the study required pursuant to this section unless the county health officer, each hospital and each operator of an ambulance or air ambulance and each fire-fighting agency which has a permit to operate pursuant to chapter 450B of NRS and which provides transportation for persons in need of emergency services and care to the hospitals in the county agree in writing that the county will participate in the study. The county must submit the written agreement to the Health Division.
8. If the State Board of Health determines that the waiting times for persons transported to a hospital to be transferred to an appropriate place in the hospital to receive emergency care and treatment are excessive in a county whose population is 100,000 or more but less than 400,000 which has not elected to participate in the study in accordance with the provisions set forth in subsection 7, the State Board of Health may require the county to implement a system of tracking data concerning the extent of waiting times and the circumstances surrounding such waiting times for review by the Health Division in the manner set forth in this section.
9. The Health Division shall submit a quarterly report to the Legislative Committee on Health Care concerning its findings pursuant to the study conducted pursuant to this section.
10. The Legislative Committee on Health Care shall submit a final report of the results of the study conducted pursuant to this section and any recommendations for legislation to the 74th Session of the Nevada Legislature.
11. If only one county participates in the study conducted pursuant to this section, the Health Division may delegate its duties set forth in this section to the county or district board of health of that county.
Sec. 3. 1. This act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2005, for all other purposes.
2. Section 2 of this act expires by limitation on December 31, 2006.
________
Senate Bill No. 488Committee on Legislative Operations and Elections
CHAPTER 383
AN ACT relating to administrative procedure affecting businesses; making various changes concerning the adoption of certain rules and regulations affecting business; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
κ2005 Statutes of Nevada, Page 1478 (CHAPTER 383, SB 488)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 237.080 is hereby amended to read as follows:
237.080 1. Before [adopting] a governing body of a local government adopts a proposed rule, the governing body [of a local government] or its designee must notify trade associations or owners and officers of businesses which are likely to be affected by the proposed rule that they may submit data or arguments to the governing body or its designee as to whether the proposed rule will:
(a) Impose a direct and significant economic burden upon a business; or
(b) Directly restrict the formation, operation or expansion of a business.
Κ Notification provided pursuant to this subsection must include the date by which the data or arguments must be received by the governing body or its designee, which must be at least 15 working days after the notification is sent.
2. If the governing body or its designee does not receive any data or arguments from the trade associations or owners or officers of businesses that were notified pursuant to subsection 1 within the period specified in the notification, a rebuttable presumption is created that the proposed rule will not impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business.
3. After the period for submitting data or arguments specified in the notification provided pursuant to subsection 1 has expired, the governing body or its designee shall determine whether the proposed rule is likely to:
(a) Impose a direct and significant economic burden upon a business; or
(b) Directly restrict the formation, operation or expansion of a business.
[2.]
Κ If no data or arguments were submitted pursuant to subsection 1, the governing body or its designee shall make its determination based on any information available to the governing body or its designee.
4. If the governing body [of a local government] or its designee determines pursuant to subsection [1] 3 that a proposed rule is likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, the governing body or its designee shall [:
(a) Insofar as practicable, consult with trade associations or owners and officers of businesses that are likely to be affected by the proposed rule.
(b) Consider] consider methods to reduce the impact of the proposed rule on businesses, including, without limitation:
[(1)] (a) Simplifying the proposed rule;
[(2)] (b) Establishing different standards of compliance for a business; and
[(3)] (c) Modifying a fee or fine set forth in the rule so that a business is authorized to pay a lower fee or fine.
[(c) Prepare]
5. After making a determination pursuant to subsection 3, the governing body or its designee shall prepare a business impact statement . [and make copies of the statement available to any interested person before holding a hearing to adopt the rule.]
κ2005 Statutes of Nevada, Page 1479 (CHAPTER 383, SB 488)κ
Sec. 2. NRS 237.090 is hereby amended to read as follows:
237.090 1. A business impact statement prepared pursuant to NRS 237.080 must be considered at any hearing conducted to adopt a proposed rule and set forth the following information:
[1.] (a) A description of the manner in which comment was solicited from affected businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.
[2.] (b) The estimated economic effect of the proposed rule on the businesses which it is to regulate, including, without limitation:
[(a)] (1) Both adverse and beneficial effects; and
[(b)] (2) Both direct and indirect effects.
[3.] (c) A description of the methods that the governing body of the local government or its designee considered to reduce the impact of the proposed rule on businesses and a statement regarding whether the governing body or its designee actually used any of those methods.
[4.] (d) The estimated cost to the local government for enforcement of the proposed rule.
[5.] (e) If the proposed rule provides a new fee or increases an existing fee, the total annual amount the local government expects to collect and the manner in which the money will be used.
[6.] (f) If the proposed rule includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary.
2. The governing body of a local government shall not include the adoption of a proposed rule on the agenda for a meeting unless a business impact statement has been prepared and is available for public inspection at the time the agenda is first posted.
Sec. 3. NRS 237.100 is hereby amended to read as follows:
237.100 1. A business that is aggrieved by a rule adopted by the governing body of a local government on or after January 1, 2000, may object to all or a part of the rule by filing a petition with the governing body that adopted the rule within 30 days after the date on which the rule was adopted.
2. A petition filed pursuant to subsection 1 may be based on the following grounds:
(a) The governing body of the local government or its designee failed to prepare a business impact statement as required pursuant to NRS 237.080; or
(b) The business impact statement prepared by the governing body or its designee pursuant to NRS 237.080 did not consider or significantly underestimated the economic effect of the rule on businesses.
3. After receiving a petition pursuant to subsection 1, the governing body of a local government shall determine whether the petition has merit. If the governing body determines that the petition has merit, the governing body may take action to amend the rule to which the business objected.
4. Each governing body of a local government shall provide a procedure for an aggrieved business to object to a rule adopted by the governing body. The procedure must be filed with the clerk of the local government and available upon request at no charge.
Sec. 4. NRS 233B.0603 is hereby amended to read as follows:
233B.0603 1. The notice of intent to act upon a regulation must:
κ2005 Statutes of Nevada, Page 1480 (CHAPTER 383, SB 488)κ
(a) Include:
(1) A statement of the need for and purpose of the proposed regulation.
(2) Either the terms or substance of the proposed regulation or a description of the subjects and issues involved.
(3) A statement of the estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately and in each case must include:
(I) Both adverse and beneficial effects; and
(II) Both immediate and long-term effects.
(4) A statement identifying the methods used by the agency in determining the impact on a small business prepared pursuant to subsection 3 of NRS 233B.0608.
(5) The estimated cost to the agency for enforcement of the proposed regulation.
[(5)] (6) A description of any regulations of other state or local governmental agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal agency.
[(6)] (7) If the regulation is required pursuant to federal law, a citation and description of the federal law.
[(7)] (8) If the regulation includes provisions which are more stringent than a federal regulation that regulates the same activity, a summary of such provisions.
[(8)] (9) The time when, the place where and the manner in which interested persons may present their views regarding the proposed regulation.
(b) State each address at which the text of the proposed regulation may be inspected and copied.
(c) Include an exact copy of the provisions of subsection 2 of NRS 233B.064.
(d) Include a statement indicating whether the regulation establishes a new fee or increases an existing fee.
(e) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the agency for that purpose.
(f) Be submitted to the Legislative Counsel Bureau for inclusion in the Register of Administrative Regulations created pursuant to NRS 233B.0653. The publication of a notice of intent to act upon a regulation in the register does not satisfy the requirements for notice set forth in paragraph (e) of this subsection.
2. The Attorney General may by regulation prescribe the form of notice to be used.
3. In addition to distributing the notice to each recipient of the agencys regulations, the agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regulation.
Sec. 5. NRS 233B.0608 is hereby amended to read as follows:
233B.0608 1. Before conducting a workshop for a proposed regulation pursuant to NRS 233B.061, an agency shall determine whether the proposed regulation is likely to:
(a) Impose a direct and significant economic burden upon a small business; or
κ2005 Statutes of Nevada, Page 1481 (CHAPTER 383, SB 488)κ
(b) Directly restrict the formation, operation or expansion of a small business.
2. If an agency determines pursuant to subsection 1 that a proposed regulation is likely to impose a direct and significant economic burden upon a small business or directly restrict the formation, operation or expansion of a small business, the agency shall:
(a) Insofar as practicable, consult with owners and officers of small businesses that are likely to be affected by the proposed regulation.
(b) Consider methods to reduce the impact of the proposed regulation on small businesses, including, without limitation:
(1) Simplifying the proposed regulation;
(2) Establishing different standards of compliance for a small business; and
(3) Modifying a fee or fine set forth in the regulation so that a small business is authorized to pay a lower fee or fine.
(c) Prepare a small business impact statement and make copies of the statement available to the public at the workshop conducted and the public hearing held pursuant to NRS 233B.061.
3. The agency shall prepare a statement identifying the methods used by the agency in determining the impact of a proposed regulation on a small business.
Sec. 6. This act becomes effective on July 1, 2005.
________
Assembly Bill No. 142Committee on Government Affairs
CHAPTER 384
AN ACT relating to public records; authorizing certain persons to have personal information contained in the records of a county assessor kept confidential; authorizing a county assessor to create a program for the disclosure of confidential information for certain purposes; providing civil and criminal penalties; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 250 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. As used in sections 2 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Confidential information means personal information deemed confidential pursuant to section 5 of this act.
Sec. 4. Personal information means:
1. The home address of the person;
2. The home address of the spouse or minor child of the person;
3. Any photograph of the home of the person; and
κ2005 Statutes of Nevada, Page 1482 (CHAPTER 384, AB 142)κ
4. Any photograph of the home of the spouse or minor child of the person,
Κ but does not include an assessors parcel number.
Sec. 5. 1. Any person listed in section 6 of this act who wishes to have personal information about himself that is contained in the records of a county assessor be kept confidential must obtain an order of a court that requires the county assessor to maintain the personal information of the person in a confidential manner. Such an order must be based on a sworn affidavit by the person, which affidavit:
(a) States that the affiant qualifies as a person listed in section 6 of this act; and
(b) Sets forth sufficient justification for the request for confidentiality.
2. Upon receipt of such an order, a county assessor shall keep such information confidential and shall not:
(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person; or
(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.
Sec. 6. 1. The following persons may request that personal information contained in the records of a county assessor be kept confidential:
(a) Any justice or judge in this State.
(b) Any peace officer or retired peace officer.
(c) The spouse or minor child of a person described in paragraph (a) or (b).
(d) The surviving spouse or minor child of a person described in paragraph (a) or (b) who was killed in the performance of his duties.
2. As used in this section, peace officer means:
(a) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and
(b) Any person:
(1) Who resides in this State;
(2) Whose primary duties are to enforce the law; and
(3) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.
Sec. 7. If a person listed in section 6 of this act requests confidentiality, the confidential information of that person may only be disclosed as provided in section 8 or 10 of this act.
Sec. 8. 1. A county assessor may provide confidential information for use:
(a) By any governmental entity, including, without limitation, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions.
(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, without limitation, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders or pursuant to an order of a federal or state court.
κ2005 Statutes of Nevada, Page 1483 (CHAPTER 384, AB 142)κ
enforcement of judgments and orders or pursuant to an order of a federal or state court.
(c) By a private investigator, private patrolman or security consultant who is licensed pursuant to chapter 648 of NRS, for any use authorized pursuant to this section.
(d) In connection with an investigation conducted pursuant to NRS 253.0415, 253.044 or 253.220.
(e) In activities relating to research and the production of statistical reports, if the address or information will not be published or otherwise disclosed or used to contact any person.
(f) In the bulk distribution of surveys, marketing material or solicitations, if the assessor has adopted policies and procedures to ensure that the information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations.
(g) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station.
2. Except for a reporter or editorial employee described in paragraph (g) of subsection 1, a person who obtains information pursuant to this section and sells or discloses that information shall keep and maintain for at least 5 years a record of:
(a) Each person to whom the information is sold or disclosed; and
(b) The purpose for which that person will use the information.
Sec. 9. Except for a request from a governmental entity pursuant to paragraph (a) of subsection 1 of section 8 of this act or in response to an order of a federal or state court pursuant to paragraph (b) of subsection 1 of section 8 of this act, a county assessor may deny a request for confidential information if the assessor reasonably believes that the information may be used in an unauthorized manner.
Sec. 10. A county assessor may establish a program whereby a person may request a complete list of the assessors roll, including, without limitation, any confidential information, by establishing an account with the office of the assessor to facilitate his ability to request such information electronically or by written request if he has submitted to the assessor proof that he is eligible to request such information pursuant to section 8 of this act and a signed and notarized affidavit acknowledging:
1. That he has read and fully understands the current laws and regulations regarding the manner in which confidential information from the assessors files and records may be obtained and the authorized use of such information.
2. That he understands that any sale or disclosure of such information must be in accordance with the provisions of sections 2 to 10, inclusive, of this act.
3. That he understands that the assessor will maintain a record of any confidential information he requests.
4. That he understands the penalties for violating the provisions of sections 2 to 10, inclusive, of this act.
5. That he understands that a violation of any of the provisions of sections 2 to 10, inclusive, of this act may result in a revocation of his privilege to request documents pursuant to this section.
Sec. 11. A county assessor who establishes a program pursuant to section 10 of this act may revoke the privilege to request documents pursuant to section 10 of this act for a violation of the provisions of sections 2 to 10, inclusive, of this act.
κ2005 Statutes of Nevada, Page 1484 (CHAPTER 384, AB 142)κ
pursuant to section 10 of this act for a violation of the provisions of sections 2 to 10, inclusive, of this act.
Sec. 12. If a professional or occupational board determines that its licensees regularly participate in a program established pursuant to section 10 of this act, the board shall adopt procedures to ensure that the confidential information obtained by its licensees pursuant to section 10 of this act is used for the purposes for which it was obtained.
Sec. 13. 1. A person shall not:
(a) Make a false representation to obtain any information pursuant to sections 2 to 10, inclusive, of this act; or
(b) Knowingly obtain or disclose information pursuant to sections 2 to 10, inclusive, of this act for any use not authorized pursuant to sections 2 to 10, inclusive, of this act.
2. A person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 14. If a person discloses confidential information about a person listed in section 6 of this act in violation of sections 2 to 10, inclusive, of this act, and the person who makes the disclosure knows or reasonably should know that such disclosure will create a substantial risk of bodily harm to the person about whom the information pertains, the person who makes the disclosure is guilty of a misdemeanor.
Sec. 15. In addition to any penalty imposed pursuant to section 13 or 14 of this act, the court may order a person who commits an act described in those sections to pay a civil penalty in an amount not to exceed $2,500 for each act.
Sec. 16. This act becomes effective on July 1, 2005.
________
Assembly Bill No. 570Committee on Ways and Means
CHAPTER 385
AN ACT relating to taxation; preventing the issuance of additional allodial titles; eliminating the authority for an heir to transfer and reestablish an allodial title; eliminating the authority to delete or add additional allodial titleholders; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.900 is hereby amended to read as follows:
361.900 1. A person who owns and occupies a single-family dwelling, its appurtenances and the land on which it is located, free and clear of all encumbrances, except any unpaid assessment for a public improvement, may , not later than the effective date of this act, apply to the county assessor to establish allodial title to the dwelling, its appurtenances and the land on which it is located. One or more persons who own such a home in any form of joint ownership may , not later than the effective date of this act, apply for the allodial title jointly if the dwelling is occupied by each person included in the application.
κ2005 Statutes of Nevada, Page 1485 (CHAPTER 385, AB 570)κ
each person included in the application. The application must be made on a form prescribed by the State Treasurer. The county assessor may require that the application be accompanied by a nonrefundable processing fee of not more than $25. If collected, the fee must be deposited in the county general fund and used to pay any expenses incurred by the county in carrying out the provisions of NRS 361.900 to 361.920, inclusive.
2. Upon receipt of an application made pursuant to subsection 1, the county assessor shall transmit the application to the State Treasurer. The county assessor shall transmit with the application any additional information required by the State Treasurer.
3. Upon receipt of an application from a county assessor, the State Treasurer shall determine the amount of money that would be required to be paid by the owner of the property to establish allodial title to the property using a tax rate of $5 for each $100 of assessed valuation on the date of the application. The amount must be separately calculated to produce an alternative for payment in a lump sum and an alternative for the payment of installments over a payment period of not more than 10 years. The amounts must be calculated to the best ability of the State Treasurer so that the money paid plus the interest or other income earned on that money will be adequate to pay all future tax liability of the property for a period equal to the life expectancy of the youngest titleholder of the property. The State Treasurer shall make a written record of the calculations upon which the amount was determined. The record must include an annual projection of the estimated interest and income that will be earned on the money.
4. Upon completion of the calculations required by subsection 3, the State Treasurer shall notify the requester of the two amounts.
5. If the homeowner pays the lump sum indicated by the State Treasurer pursuant to subsection 4 and submits proof satisfactory to the State Treasurer that the home is a single-family dwelling occupied by the homeowner and that the home, its appurtenances and the land on which it is located are owned free and clear of all encumbrances, except any unpaid assessment for a public improvement, the State Treasurer shall issue a certificate of allodial title to the homeowner for the home, its appurtenances and the land on which it is located that is described in the deed for that property.
6. If the homeowner notifies the State Treasurer that the homeowner wishes to enter into an agreement with the State of Nevada to establish allodial title to his residence by installments, the State Treasurer shall execute such an agreement on behalf of the State of Nevada. The agreement must include a provision for rescission of the agreement by the homeowner at any time before the last payment is made and a guarantee, upon such a rescission, of a refund of the unused portion of the installment payments. The unused portion of the installment payments must be calculated by:
(a) Determining the total amount of all installment payments made before the date of the rescission plus the income and interest actually accrued on that money; and
(b) Subtracting from the amount determined pursuant to paragraph (a) a pro rata share of any expenses incurred by the State Treasurer that are directly and indirectly related to the investment of the money in the Allodial Title Trust Fund and any costs directly and indirectly related to the administration of the allodial title program during the period for which the installment payments were made.
κ2005 Statutes of Nevada, Page 1486 (CHAPTER 385, AB 570)κ
7. The homeowner shall pay the installments directly to the State Treasurer and shall continue to pay the current property taxes directly to the county during the period for which the installment payments are made.
8. Upon receipt of the last installment payment, which must reflect any increase or decrease in the assessed valuation of the property since the date of the application, and submission of proof satisfactory to the State Treasurer that the home is a single-family dwelling occupied by the homeowner and that the home, its appurtenances and the land on which it is located are owned free and clear of all encumbrances, except any unpaid assessment for a public improvement, the State Treasurer shall issue a certificate of allodial title to the homeowner for the home, its appurtenances and the land on which it is located that is described in the deed for that property.
Sec. 2. NRS 361.910 is hereby amended to read as follows:
361.910 [1.] Allodial title established pursuant to NRS 361.900 is valid for as long as the homeowner continues to own the residence unless he [chooses to relinquish] relinquishes the allodial title pursuant to NRS 361.915. [The allodial title may be transferred to the heir of the allodial titleholder upon the death of the last surviving allodial titleholder if:
(a) Within 60 days after taking possession of the home, the heir applies to the county assessor to reestablish allodial title in the name of the heir or the heir and one or more persons who own the home in any form of joint ownership with the heir and who also occupy the dwelling;
(b) The heir occupies the home within 3 months after the death of the last surviving allodial titleholder;
(c) The heir pays any additional amount due for reestablishment of allodial title as calculated by the State Treasurer pursuant to subsection 4; and
(d) The home, its appurtenances and the land on which it is located remains unencumbered, except any unpaid assessment for a public improvement.
2. The application to reestablish allodial title must be made on a form prescribed by the State Treasurer. The county assessor may require that the application be accompanied by a nonrefundable processing fee of not more than $25. If collected, the fee must be deposited in the county general fund and used to pay any expenses incurred by the county in carrying out the provisions of NRS 361.900 to NRS 361.920, inclusive.
3. Upon receipt of an application made pursuant to subsection 2, the county assessor shall transmit the application to the State Treasurer. The county assessor shall transmit with the application any additional information required by the State Treasurer.
4. Upon receipt of an application for reestablishment of allodial title from a county assessor, the State Treasurer shall determine the amount of money, if any, that would be required to be paid by the heir to reestablish allodial title to the property using a tax rate of $5 for each $100 of assessed valuation applied to the most recent assessment of the property. The amount must be separately calculated to produce an alternative for payment in a lump sum and an alternative for the payment of installments over a payment period of not more than 10 years. The amounts must be calculated to the best ability of the State Treasurer so that the money paid by the heir, if necessary, plus the money paid by all previous allodial titleholders who did not relinquish the allodial title and the interest or other income earned on that money will be adequate to pay all future tax liability of the property for a period equal to the life expectancy of the youngest titleholder of the property.
κ2005 Statutes of Nevada, Page 1487 (CHAPTER 385, AB 570)κ
period equal to the life expectancy of the youngest titleholder of the property. The State Treasurer shall make a written record of the calculations upon which the amount was determined. The record must include an annual projection of the estimated interest and income that will be earned on the money.
5. Upon completion of the calculations required by subsection 4, the State Treasurer shall notify the heir of the two amounts.
6. If the heir pays the lump sum indicated by the State Treasurer pursuant to subsection 5 and submits proof satisfactory to the State Treasurer that the home is still a single-family dwelling occupied by the heir who is the homeowner and that the home, its appurtenances and the land on which it is located are owned free and clear of all encumbrances, except any unpaid assessment for a public improvement, the State Treasurer shall issue a certificate of allodial title to the heir for the home, its appurtenances and the land on which it is located that is described in the deed for that property.
7. If the heir notifies the State Treasurer that he wishes to enter into an agreement with the State of Nevada to reestablish allodial title to his residence by installments, the State Treasurer shall execute such an agreement on behalf of the State of Nevada. The agreement must include a provision for rescission of the agreement by the heir at any time before the last payment is made and a guarantee, upon such a rescission, of a refund of the unused portion of the installment payments. The unused portion of the installment payments must be calculated by:
(a) Determining the total amount of all installment payments made before the date of the rescission and the amount paid by all previous allodial titleholders of the property who did not relinquish the title, plus the income and interest actually accrued on that money; and
(b) Subtracting from the amount determined pursuant to paragraph (a) a pro rata share of any expenses incurred by the State Treasurer that are directly and indirectly related to the investment of the money in the Allodial Title Trust Fund and any costs directly and indirectly related to the administration of the allodial title program during the period for which the installment payments were made.
8. The heir shall pay the installments directly to the State Treasurer and shall pay the current property taxes directly to the county during the period for which the installment payments are made.
9. Upon receipt of the last installment payment, which must reflect any increase or decrease in the assessed valuation of the property since the date of the application, and submission of proof satisfactory to the State Treasurer that the home is still a single-family dwelling occupied by the heir who is the homeowner and that the home, its appurtenances and the land on which it is located are owned free and clear of all encumbrances, except any unpaid assessment for a public improvement, the State Treasurer shall issue a certificate of allodial title to the heir for the home, its appurtenances and the land on which it is located that is described in the deed for that property.]
Sec. 3. NRS 361.915 is hereby amended to read as follows:
361.915 1. A homeowner or heir who has inherited the property may relinquish the allodial title to the home at any time and shall relinquish such title:
(a) Upon the sale, lease or other transfer of the property during the lifetime of the last surviving allodial titleholder of the property;
κ2005 Statutes of Nevada, Page 1488 (CHAPTER 385, AB 570)κ
(b) Within 150 days after the date on which the last surviving allodial titleholder no longer occupies the dwelling ; [if an heir has not submitted an application for reestablishment of allodial title pursuant to NRS 361.910;] or
(c) At the time the home is converted to anything other than a single-family dwelling occupied by the owner.
2. If the last surviving allodial titleholder, all allodial titleholders of the residence or all heirs are required by subsection 1 or choose to relinquish the allodial title, the State Treasurer must be notified in a written document that is signed by each allodial titleholder or heir and notarized.
3. Upon receipt of a notice to relinquish allodial title, the State Treasurer shall prepare a refund of the unused portion of the money in the Allodial Title Trust Fund that is attributable to the title being relinquished, if any . [, as required by subsection 4.] The unused portion must be calculated by:
(a) Determining the total amount paid by the allodial titleholder into the Allodial Title Trust Fund plus the income and interest actually accrued on that money; and
(b) Subtracting from the amount determined pursuant to paragraph (a):
(1) The amount which was paid out for taxes from the Allodial Title Trust Fund on behalf of the property during the period for which the allodial title was held;
(2) A pro rata share of any expenses incurred by the State Treasurer that are directly and indirectly related to the investment of the money in the Allodial Title Trust Fund and any costs directly and indirectly related to the administration of the allodial title program during the period for which the allodial title was held; and
(3) Any money removed from the account for the property pursuant to subsection 3 of NRS 361.920.
4. [If the result of the calculations made pursuant to subsection 3:
(a) Is less than $25, the amount must be credited to the Allodial Title Account for Stabilization.
(b) Is at least $25, but less than $50, $25 must be refunded to the allodial titleholders or heirs and the remaining amount must be credited to the Allodial Title Account for Stabilization.
(c) Is at least $50, $25 must be credited to the Allodial Title Account for Stabilization and the remaining amount must be refunded to the allodial titleholders or heirs.
Κ The State Treasurer is required to prepare only one refund pursuant to this subsection.
5.] Immediately upon the acceptance of a notice to relinquish allodial title, the State Treasurer shall transmit a copy of the notice to the county assessor of the county in which the property is located. Upon receipt of such a notice, the county assessor shall make a notation on the tax roll and proceed to collect all future taxes directly from the homeowner.
[6.] 5. Allodial title may not be relinquished by less than all of the allodial titleholders or heirs of the residence. [Application may be made to the county treasurer to delete or add a person as an additional allodial titleholder. The application must be made on a form prescribed by the State Treasurer. The county assessor may require that the application be accompanied by a nonrefundable processing fee of not more than $10. If collected, the fee must be deposited in the county general fund and used to pay any expenses incurred by the county in carrying out the provisions of NRS 361.900 to 361.920, inclusive.
κ2005 Statutes of Nevada, Page 1489 (CHAPTER 385, AB 570)κ
NRS 361.900 to 361.920, inclusive. The county treasurer shall grant the application if the application is signed by all allodial titleholders of the residence, including the person to be deleted or added.]
Sec. 4. 1. A county assessor shall not accept an application to establish allodial title to any property if the application is received on or after the effective date of this act.
2. After the last allodial title is relinquished and the balance, if any, of the unused portion of the money in the Allodial Title Trust Fund that is attributable to the title being relinquished is refunded pursuant to NRS 361.915, the State Treasurer shall transfer the balance, if any, in the Allodial Title Account for Stabilization to the State General Fund.
3. The State Treasurer shall, not later than 90 days after the last allodial title is relinquished, notify the Director of the Legislative Counsel Bureau.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 364Committee on Commerce and Labor
CHAPTER 386
AN ACT relating to industrial insurance; revising provisions relating to the notices required when a contractors coverage lapses; requiring an insurer that makes payments of compensation to an injured employee for a permanent total disability to provide certain accountings to the injured employee; requiring an insurer to reopen a claim to consider the payment of compensation for a permanent partial disability under certain circumstances; authorizing an insurer or an injured employee to request a vocational rehabilitation counselor to prepare a written assessment of the injured employee under certain circumstances; prohibiting a vocational rehabilitation counselor who is employed by the entity administering an injured employees case from providing services to the injured employee under certain circumstances; providing an injured employee with the right to be assigned an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employees case; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616B.333 is hereby amended to read as follows:
616B.333 1. If for any reason the status of an employer as a self-insured employer is terminated, the security deposited under NRS 616B.300 must remain on deposit for a period of at least 36 months in such amount as necessary to secure the outstanding and contingent liability arising from accidental injuries or occupational diseases secured by such security, or to assure the payment of claims for aggravation , [and] payment of claims under NRS 616C.390 and payment of claims under section 6 of this act based on such accidental injuries or occupational diseases.
κ2005 Statutes of Nevada, Page 1490 (CHAPTER 386, AB 364)κ
2. At the expiration of the 36-month period, or such other period as the Commissioner [of Insurance] deems proper, the Commissioner [of Insurance] may accept , in lieu of any security so deposited , a policy of paid-up insurance in a form approved by the Commissioner . [of Insurance.]
Sec. 2. NRS 616B.434 is hereby amended to read as follows:
616B.434 1. If for any reason the status of an association of self-insured public or private employers as an association of self-insured employers is terminated, the security deposited under NRS 616B.353 must remain on deposit for at least 36 months in such an amount as is necessary to secure the outstanding and contingent liability arising from accidental injuries or occupational diseases secured by the security, or to assure the payment of claims for aggravation , [and] payment of claims under NRS 616C.390 and payment of claims under section 6 of this act based on such accidental injuries or occupational diseases.
2. At the expiration of the 36-month period, or such other period as the Commissioner deems proper, the Commissioner may accept , in lieu of any security so deposited , a policy of paid-up insurance in a form approved by the Commissioner.
Sec. 3. NRS 616B.630 is hereby amended to read as follows:
616B.630 1. [An insurer of a contractor] The Administrator shall , not later than 10 days after receiving notice from the advisory organization that a contractors coverage has lapsed, notify the State Contractors Board [within 10 days after the contractors coverage has lapsed.] of that fact.
2. The Commissioner shall notify the Administrator and the State Contractors Board within 10 days after a contractors certificate of qualification as a self-insured employer is cancelled or withdrawn or he is no longer a member of an association of self-insured public or private employers.
Sec. 4. Chapter 616C of NRS is hereby amended by adding thereto the provisions set forth as sections 5, 6 and 7 of this act.
Sec. 5. 1. An insurer that makes payments of compensation to an injured employee for a permanent total disability shall provide to the injured employee an annual accounting in the form of a letter that sets forth with respect to the payments:
(a) The total amount of the compensation for the permanent total disability that the injured employee is entitled to receive, before any deductions are made;
(b) The net amount of the current payment for the compensation;
(c) The amount of any deduction that is made against the total amount of the compensation, if any; and
(d) If a deduction is being made against the total amount of the compensation to repay any previous awards of compensation for a permanent partial disability:
(1) The amount of the deduction;
(2) The claim number for each of those awards; and
(3) The balance of each of those awards.
2. An injured employee may request in writing from the insurer an accounting described in subsection 1. The accounting must cover the period from the date on which the most recent annual accounting was provided to the injured employee pursuant to subsection 1 to the date on which the written request is made. The insurer shall provide the accounting to the injured employee not later than 30 days after receiving the written request for the accounting from the injured employee.
κ2005 Statutes of Nevada, Page 1491 (CHAPTER 386, AB 364)κ
the written request for the accounting from the injured employee. Any accounting provided by an insurer to an injured employee pursuant to this subsection must be provided in addition to, and not in lieu of, the annual accountings required pursuant to subsection 1.
Sec. 6. 1. An insurer shall reopen a claim to consider the payment of compensation for a permanent partial disability if:
(a) The claim was closed and the claimant was not scheduled for an evaluation of the injury in accordance with NRS 616C.490;
(b) The claimant demonstrates by a preponderance of the evidence that, at the time that the case was closed, the claimant was, because of the injury, qualified to be scheduled for an evaluation for a permanent partial disability; and
(c) The insurer has violated a provision of NRS 616D.120 with regard to the claim.
2. The demonstration required pursuant to paragraph (b) of subsection 1 must be made with documentation that existed at the time that the case was closed.
3. Notwithstanding any specific statutory provision to the contrary, the consideration of whether a claimant is entitled to payment of compensation for a permanent partial disability for a claim that is reopened pursuant to this section must be made in accordance with the provisions of the applicable statutory and regulatory provisions that existed on the date on which the claim was closed, including, without limitation, using the edition of the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that was applicable on the date the claim was closed.
Sec. 7. 1. If the employer of a vocational rehabilitation counselor is also the entity administering an injured employees case, the vocational rehabilitation counselor shall not provide services as a vocational rehabilitation counselor to the injured employee, including, without limitation, completing a written assessment pursuant to NRS 616C.550, unless, before the commencement of such services, the injured employee is provided with a written disclosure that:
(a) Discloses the relationship between the vocational rehabilitation counselor and the entity administering the injured employees case; and
(b) Informs the injured employee of his right to be assigned an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employees case.
2. After receiving the written disclosure required pursuant to subsection 1, the injured employee has a right to be assigned an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employees case. To be assigned an alternate vocational rehabilitation counselor, the injured employee must submit a written request to the entity administering the injured employees case before the commencement of vocational rehabilitation services. Not later than 10 days after receiving such a request, the entity administering the injured employees case shall assign the injured employee an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employees case.
Sec. 8. NRS 616C.390 is hereby amended to read as follows:
616C.390 Except as otherwise provided in section 6 of this act:
κ2005 Statutes of Nevada, Page 1492 (CHAPTER 386, AB 364)κ
1. If an application to reopen a claim to increase or rearrange compensation is made in writing more than 1 year after the date on which the claim was closed, the insurer shall reopen the claim if:
(a) A change of circumstances warrants an increase or rearrangement of compensation during the life of the claimant;
(b) The primary cause of the change of circumstances is the injury for which the claim was originally made; and
(c) The application is accompanied by the certificate of a physician or a chiropractor showing a change of circumstances which would warrant an increase or rearrangement of compensation.
2. After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the physician or chiropractor treating the claimant, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant.
3. If a claimant applies for a claim to be reopened pursuant to subsection 1 or 2 and a final determination denying the reopening is issued, the claimant shall not reapply to reopen the claim until at least 1 year after the date on which the final determination is issued.
4. Except as otherwise provided in subsection 5, if an application to reopen a claim is made in writing within 1 year after the date on which the claim was closed, the insurer shall reopen the claim only if:
(a) The application is supported by medical evidence demonstrating an objective change in the medical condition of the claimant; and
(b) There is clear and convincing evidence that the primary cause of the change of circumstances is the injury for which the claim was originally made.
5. An application to reopen a claim must be made in writing within 1 year after the date on which the claim was closed if:
(a) The claimant was not off work as a result of the injury; and
(b) The claimant did not receive benefits for a permanent partial disability.
Κ If an application to reopen a claim to increase or rearrange compensation is made pursuant to this subsection, the insurer shall reopen the claim if the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 are met.
6. If an employees claim is reopened pursuant to this section, he is not entitled to vocational rehabilitation services or benefits for a temporary total disability if, before his claim was reopened, he:
(a) Retired; or
(b) Otherwise voluntarily removed himself from the workforce,
Κ for reasons unrelated to the injury for which the claim was originally made.
7. One year after the date on which the claim was closed, an insurer may dispose of the file of a claim authorized to be reopened pursuant to subsection 5, unless an application to reopen the claim has been filed pursuant to that subsection.
8. An increase or rearrangement of compensation is not effective before an application for reopening a claim is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician or a chiropractor.
κ2005 Statutes of Nevada, Page 1493 (CHAPTER 386, AB 364)κ
treatment the necessity for which has been certified by a physician or a chiropractor.
9. A claim that closes pursuant to subsection 2 of NRS 616C.235 and is not appealed or is unsuccessfully appealed pursuant to the provisions of NRS 616C.305 and 616C.315 to 616C.385, inclusive, may not be reopened pursuant to this section.
10. The provisions of this section apply to any claim for which an application to reopen the claim or to increase or rearrange compensation is made pursuant to this section, regardless of the date of the injury or accident to the claimant. If a claim is reopened pursuant to this section, the amount of any compensation or benefits provided must be determined in accordance with the provisions of NRS 616C.425.
Sec. 9. NRS 616C.495 is hereby amended to read as follows:
616C.495 1. Except as otherwise provided in NRS 616C.380, an award for a permanent partial disability may be paid in a lump sum under the following conditions:
(a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.
(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimants undisbursed award for a permanent partial disability.
(c) Any claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 25 percent.
(d) Any claimant injured on or after July 1, 1995, may elect to receive his compensation in a lump sum in accordance with regulations adopted by the Administrator and approved by the Governor. The Administrator shall adopt regulations for determining the eligibility of such a claimant to receive all or any portion of his compensation in a lump sum. Such regulations may include the manner in which an award for a permanent partial disability may be paid to such a claimant in installments. Notwithstanding the provisions of NRS 233B.070, any regulation adopted pursuant to this paragraph does not become effective unless it is first approved by the Governor.
2. If the claimant elects to receive his payment for a permanent partial disability in a lump sum pursuant to subsection 1, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:
(a) His right to [reopen] :
(1) Reopen his claim [according to] in accordance with the provisions of NRS 616C.390; or
(2) Have his claim considered by his insurer pursuant to section 6 of this act;
κ2005 Statutes of Nevada, Page 1494 (CHAPTER 386, AB 364)κ
(b) Any counseling, training or other rehabilitative services provided by the insurer; and
(c) His right to receive a benefit penalty in accordance with NRS 616D.120.
Κ The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of the notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.
3. Any lump-sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.
4. Except as otherwise provided in this subsection, the total lump-sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum, the lump-sum payment must be calculated for the remaining payment of compensation.
5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 7 of NRS 616C.490 and actuarial annuity tables adopted by the Division. The tables must be reviewed annually by a consulting actuary.
6. If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump-sum payment.
Sec. 10. NRS 616C.550 is hereby amended to read as follows:
616C.550 1. [Except as otherwise provided in this section, if] If benefits for a temporary total disability will be paid to an injured employee for more than 90 days, [a vocational rehabilitation counselor shall, within 30 days after being assigned to the claim, make] the insurer or injured employee may request a vocational rehabilitation counselor to prepare a written assessment of the injured employees ability or potential to return to:
(a) The position he held at the time that he was injured; or
(b) Any other gainful employment.
2. Before completing the written assessment, the counselor shall:
(a) Contact the injured employee and:
(1) Identify the injured employees educational background, work experience and career interests; and
(2) Determine whether the injured employee has any existing marketable skills.
(b) Contact the injured employees treating physician or chiropractor and determine:
(1) Whether the employee has any temporary or permanent physical limitations;
(2) The estimated duration of the limitations;
(3) Whether there is a plan for continued medical treatment; and
(4) When the employee may return to the position that he held at the time of his injury or to any other position. The treating physician or chiropractor shall determine whether an employee may return to the position that he held at the time of his injury.
κ2005 Statutes of Nevada, Page 1495 (CHAPTER 386, AB 364)κ
chiropractor shall determine whether an employee may return to the position that he held at the time of his injury.
3. Except as otherwise provided in section 7 of this act, the counselor shall prepare the written assessment within 30 days after receiving the request for the written assessment pursuant to subsection 1. The written assessment must contain a determination as to whether the employee is eligible for vocational rehabilitation services pursuant to NRS 616C.590. If the insurer, with the assistance of the counselor, determines that the employee is eligible for vocational rehabilitation services, a plan for a program of vocational rehabilitation must be completed pursuant to NRS 616C.555.
4. The Division may, by regulation, require a written assessment to include additional information.
5. If an insurer determines that [the] a written assessment [required by this section] requested for an injured employee pursuant to subsection 1 is impractical because of the expected duration of the injured employees total temporary disability, the insurer shall:
(a) Complete a written report which specifies his reasons for the decision; and
(b) Review the claim at least once every 60 days.
6. The insurer shall deliver a copy of the written assessment or the report completed pursuant to subsection 5 to the injured employee, his employer, the treating physician or chiropractor and the injured employees attorney or representative, if applicable.
7. For the purposes of this section, existing marketable skills include, but are not limited to:
(a) Completion of:
(1) A program at a trade school;
(2) A program which resulted in an associates degree; or
(3) A course of study for certification,
Κ if the program or course of study provided the skills and training necessary for the injured employee to be gainfully employed on a reasonably continuous basis in an occupation that is reasonably available in this State.
(b) Completion of a 2-year or 4-year program at a college or university which resulted in a degree.
(c) Completion of any portion of a program for a graduates degree at a college or university.
(d) Skills acquired in previous employment, including those acquired during an apprenticeship or a program for on-the-job training.
Κ The skills set forth in paragraphs (a) to (d), inclusive, must have been acquired within the preceding 7 years and be compatible with the physical limitations of the injured employee to be considered existing marketable skills.
Sec. 11. NRS 616C.555 is hereby amended to read as follows:
616C.555 1. A vocational rehabilitation counselor shall develop a plan for a program of vocational rehabilitation for each injured employee who is eligible for vocational rehabilitation services pursuant to NRS 616C.590. The counselor shall work with the insurer and the injured employee to develop a program that is compatible with the injured employees age, sex and physical condition.
2. If the counselor [determined in the] determines in a written assessment [developed] requested pursuant to NRS 616C.550 that the injured employee has existing marketable skills, the plan must consist of job placement assistance only.
κ2005 Statutes of Nevada, Page 1496 (CHAPTER 386, AB 364)κ
injured employee has existing marketable skills, the plan must consist of job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury. An injured employee must not receive job placement assistance for more than 6 months after the date on which he was notified that he is eligible only for job placement assistance because:
(a) He was physically capable of returning to work; or
(b) It was determined that he had existing marketable skills.
3. If the counselor [determined in the] determines in a written assessment [developed] requested pursuant to NRS 616C.550 that the injured employee does not have existing marketable skills, the plan must consist of a program which trains or educates the injured employee and provides job placement assistance. Except as otherwise provided in NRS 616C.560, such a program must not exceed:
(a) If the injured employee has incurred a permanent disability as a result of which permanent restrictions on his ability to work have been imposed but no permanent physical impairment rating has been issued, or a permanent disability with a permanent physical impairment of 1 percent or more but less than 6 percent, 9 months.
(b) If the injured employee has incurred a permanent physical impairment of 6 percent or more, but less than 11 percent, 1 year.
(c) If the injured employee has incurred a permanent physical impairment of 11 percent or more, 18 months.
Κ The percentage of the injured employees permanent physical impairment must be determined pursuant to NRS 616C.490.
4. A plan for a program of vocational rehabilitation must comply with the requirements set forth in NRS 616C.585.
5. A plan created pursuant to subsection 2 or 3 must assist the employee in finding a job or train or educate the employee and assist him in finding a job that is a part of an employers regular business operations and from which the employee will gain skills that would generally be transferable to a job with another employer.
6. A program of vocational rehabilitation must not commence before the treating physician or chiropractor, or an examining physician or chiropractor determines that the injured employee is capable of safely participating in the program.
7. If, based upon the opinion of a treating or an examining physician or chiropractor, the counselor determines that an injured employee is not eligible for vocational rehabilitation services, the counselor shall provide a copy of the opinion to the injured employee, the injured employees employer and the insurer.
8. A plan for a program of vocational rehabilitation must be signed by a certified vocational rehabilitation counselor.
9. If an initial program of vocational rehabilitation pursuant to this section is unsuccessful, an injured employee may submit a written request for the development of a second program of vocational rehabilitation which relates to the same injury. An insurer shall authorize a second program for an injured employee upon good cause shown.
10. If a second program of vocational rehabilitation pursuant to subsection 9 is unsuccessful, an injured employee may submit a written request for the development of a third program of vocational rehabilitation which relates to the same injury.
κ2005 Statutes of Nevada, Page 1497 (CHAPTER 386, AB 364)κ
request for the development of a third program of vocational rehabilitation which relates to the same injury. The insurer, with the approval of the employer who was the injured employees employer at the time of his injury, may authorize a third program for the injured employee. If such an employer has terminated operations, his approval is not required for authorization of a third program. An insurers determination to authorize or deny a third program of vocational rehabilitation may not be appealed.
11. The Division shall adopt regulations to carry out the provisions of this section. The regulations must specify the contents of a plan for a program of vocational rehabilitation.
Sec. 12. NRS 687A.033 is hereby amended to read as follows:
687A.033 1. Covered claim means an unpaid claim or judgment, including a claim for unearned premiums, which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer which becomes an insolvent insurer, if one of the following conditions exists:
(a) The claimant or insured, if a natural person, is a resident of this State at the time of the insured event.
(b) The claimant or insured, if other than a natural person, maintains its principal place of business in this State at the time of the insured event.
(c) The property from which the first party property damage claim arises is permanently located in this State.
(d) The claim is not a covered claim pursuant to the laws of any other state and the premium tax imposed on the insurance policy is payable in this State pursuant to NRS 680B.027.
2. The term does not include:
(a) An amount that is directly or indirectly due a reinsurer, insurer, insurance pool or underwriting association, as recovered by subrogation, indemnity or contribution, or otherwise.
(b) That part of a loss which would not be payable because of a provision for a deductible or a self-insured retention specified in the policy.
(c) Except as otherwise provided in this paragraph, any claim filed with the Association:
(1) More than 18 months after the date of the order of liquidation; or
(2) After the final date set by the court for the filing of claims against the liquidator or receiver of the insolvent insurer,
Κ whichever is earlier. The provisions of this paragraph do not apply to a claim for workers compensation that is reopened pursuant to the provisions of NRS 616C.390 [.] or section 6 of this act.
(d) A claim filed with the Association for a loss that is incurred but is not reported to the Association before the expiration of the period specified in subparagraph (1) or (2) of paragraph (c).
(e) An obligation to make a supplementary payment for adjustment or attorneys fees and expenses, court costs or interest and bond premiums incurred by the insolvent insurer before the appointment of a liquidator, unless the expenses would also be a valid claim against the insured.
(f) A first party or third party claim brought by or against an insured, if the aggregate net worth of the insured and any affiliate of the insured, as determined on a consolidated basis, is more than $25,000,000 on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer. The provisions of this paragraph do not apply to a claim for workers compensation. As used in this paragraph, affiliate means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person.
κ2005 Statutes of Nevada, Page 1498 (CHAPTER 386, AB 364)κ
person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For the purpose of this definition, the terms owns, is owned and ownership mean ownership of an equity interest, or the equivalent thereof, of 10 percent or more.
________
Senate Bill No. 396Committee on Natural Resources
CHAPTER 387
AN ACT relating to waste; revising the scope of activity for certain fees regarding waste disposal and management; revising the provisions regarding searches and inspections of solid waste disposal facilities; revising the provisions regarding the disposal of motor vehicle batteries, tires and oil; revising the use of injunctions when regulating solid waste; creating a program for reducing and recycling solid waste from businesses in certain counties; revising the notice for the acceptance of used vehicle tires during the retail sale of new tires; authorizing certain grants for solid waste management; revising various provisions regarding permits, procedures, standards and variances for landfills; and providing other matters properly relating thereto.
[Approved: June 13, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444.560 is hereby amended to read as follows:
444.560 1. The State Environmental Commission shall adopt regulations concerning solid waste management systems, or any part thereof, including regulations establishing standards for the issuance, renewal, modification, suspension, revocation and denial of, and for the imposition of terms and conditions for, a permit to construct or operate a disposal site.
2. The State Environmental Commission may establish a schedule of fees for the [importation of solid waste into the State.] disposal of solid waste in areas subject to the jurisdiction of the State Department of Conservation and Natural Resources in accordance with NRS 444.495 or for the issuance of permits or other approvals by the Department for the operation of solid waste management facilities. The Department may use the money collected under the schedule to defray the cost of managing and regulating [the disposal in this State of solid waste which is generated outside of the State.] solid waste.
3. Notice of the intention to adopt and the adoption of any regulation or schedule of fees must be given to the clerk of the governing board of all municipalities in this State.
4. Within a reasonable time, as fixed by the State Environmental Commission, after the adoption of any regulation, no governing board of a municipality or person may operate or permit an operation in violation of the regulation.
κ2005 Statutes of Nevada, Page 1499 (CHAPTER 387, SB 396)κ
Sec. 2. NRS 444.570 is hereby amended to read as follows:
444.570 1. The State Department of Conservation and Natural Resources shall:
(a) Advise, consult and cooperate with other agencies and commissions of the State, other states, the Federal Government, municipalities and persons in the formulation of plans for and the establishment of any solid waste management system.
(b) Accept and administer loans and grants from any person that may be available for the planning, construction and operation of solid waste management systems.
(c) Enforce the provisions of NRS 444.440 to 444.560, inclusive, and any regulation adopted by the State Environmental Commission pursuant thereto.
(d) Periodically review the programs of other solid waste management authorities in the State for issuing permits pursuant to NRS 444.553 and 444.556 and ensuring compliance with the terms and conditions of such permits, the regulations of the State Environmental Commission, the laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, [Subtitle D,] 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto. The Director of the State Department of Conservation and Natural Resources shall review the adequacy of such programs in accordance with the standards adopted by the United States Environmental Protection Agency to review the adequacy of the state program. If the Director determines that a program is inadequate, the Department shall act as the solid waste management authority until the deficiency is corrected. A finding by the Director that a program is inadequate is not final until reviewed by the State Environmental Commission. This paragraph does not limit the authority or responsibility of a district board of health to issue permits for disposal sites and enforce the laws of this State regarding solid waste management systems.
(e) Make such investigations and inspections and conduct such monitoring and testing as may be necessary to require compliance with NRS 444.450 to 444.560, inclusive, and any regulation adopted by the State Environmental Commission.
2. The State Environmental Commission shall:
(a) In cooperation with governing bodies of municipalities, develop a statewide solid waste management system plan, and review and revise the plan every 5 years.
(b) Examine and approve or disapprove plans for solid waste management systems.
(c) Review any determination by the Director of the State Department of Conservation and Natural Resources that a program for issuing permits administered by a solid waste management authority is inadequate. The Commission may affirm, modify or reverse the findings of the Director.
3. Employees of the State Department of Conservation and Natural Resources or its authorized representatives [may enter a facility,] may, during the normal hours of operation of a facility subject to the provisions of NRS 444.440 to 444.620, inclusive, [where solid] enter and inspect areas of the facility where:
(a) Solid waste may have been generated, stored, transported, treated or [disposed, or where records] disposed; or
κ2005 Statutes of Nevada, Page 1500 (CHAPTER 387, SB 396)κ
(b) Records are kept, and may inspect and copy any records, reports, information or test results relating to the management of the solid waste.
Sec. 3. NRS 444.583 is hereby amended to read as follows:
444.583 1. Except as otherwise provided in subsection 5, it is unlawful willfully to:
(a) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at any site which has not been issued a permit for that purpose by the [State Department of Conservation and Natural Resources;] solid waste management authority;
(b) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at a sanitary landfill or other disposal site established by a municipality which has not been issued a permit for that purpose by the [State Department of Conservation and Natural Resources;] solid waste management authority; or
(c) Incinerate a motor vehicle battery or motor vehicle tire as a means of ultimate disposal, unless the incineration is approved by the [Department] solid waste management authority for the recovery of energy or other appropriate use.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor and except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, shall be punished by a fine of not less than $100 per violation.
3. The State Department of Conservation and Natural Resources shall establish a plan for the appropriate disposal of used or waste motor vehicle batteries, motor vehicle tires and motor oil. The plan must include the issuance of permits to approved sites or facilities for the disposal of those items by the public. The plan may include [coordination with the Office of Community Service within the Governors Office for the] education of the public regarding the necessity of disposing of these items properly and recycling them.
4. The State Department of Conservation and Natural Resources shall encourage the voluntary establishment of authorized sites which are open to the public for the deposit of used or waste motor vehicle batteries, motor vehicle tires and motor oil.
5. The provisions of subsections 1 and 2 do not apply to the disposal of used or waste motor vehicle batteries or motor vehicle tires if the unavailability of a site that has been issued a permit by the [State Department of Conservation and Natural Resources] solid waste management authority makes disposal at such a site impracticable. The provisions of this subsection do not exempt a person from any other regulation of the [Department] solid waste management authority concerning the disposal of used or waste motor vehicle batteries or motor vehicle tires.
Sec. 4. NRS 444.592 is hereby amended to read as follows:
444.592 If the solid waste management authority receives information that the handling, storage, recycling, transportation, treatment or disposal of any solid waste presents or may present a threat to human health, public safety or the environment, or is in violation of a term or condition of a permit issued pursuant to NRS 444.553 or 444.556, a statute, a regulation or an order issued pursuant to NRS 444.594, the authority may, in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive:
1. Issue an order directing the owner or operator of the disposal site or any other site where the handling, storage, recycling, transportation, treatment or disposal has occurred or may occur, or any other person who has custody of the solid waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the threat or violation.
κ2005 Statutes of Nevada, Page 1501 (CHAPTER 387, SB 396)κ
treatment or disposal has occurred or may occur, or any other person who has custody of the solid waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the threat or violation.
2. Commence an action in a court of competent jurisdiction to enjoin the act or practice which constitutes the threat or violation in accordance with the provisions of NRS [459.580.] 444.600.
3. Take any other action designed to reduce or eliminate the threat or violation.
Sec. 5. NRS 444A.040 is hereby amended to read as follows:
444A.040 1. The board of county commissioners in a county whose population is 100,000 or more, or its designee, shall make available for use in that county a program for:
(a) The separation at the source of recyclable material from other solid waste originating from the residential premises and public buildings where services for the collection of solid waste are provided.
(b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.
(d) The encouragement of businesses to reduce solid waste and to separate at the source recyclable material from other solid waste. This program must, without limitation, make information regarding solid waste reduction and recycling opportunities available to a business at the time the business applies for or renews a business license.
2. The board of county commissioners of a county whose population is 40,000 or more but less than 100,000, or its designee:
(a) May make available for use in that county a program for the separation at the source of recyclable material from other solid waste originating from the residential premises and public buildings where services for the collection of solid waste are provided.
(b) Shall make available for use in that county a program for:
(1) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program established pursuant to paragraph (a).
(2) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.
3. The board of county commissioners of a county whose population is less than 40,000, or its designee, may make available for use in that county a program for:
(a) The separation at the source of recyclable material from other solid waste originating from the residential premises and public buildings where services for the collection of solid waste are provided.
(b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.
κ2005 Statutes of Nevada, Page 1502 (CHAPTER 387, SB 396)κ
program may be included as a part of any other program made available pursuant to this subsection.
4. Any program made available pursuant to this section:
(a) Must not:
(1) Conflict with the standards adopted by the State Environmental Commission pursuant to NRS 444A.020; and
(2) Become effective until approved by the Department.
(b) May be based on the model plans adopted pursuant to NRS 444A.030.
5. The governing body of a municipality may adopt and carry out within the municipality such programs made available pursuant to this section as are deemed necessary and appropriate for that municipality.
6. Any municipality may, with the approval of the governing body of an adjoining municipality, participate in any program adopted by the adjoining municipality pursuant to subsection 5.
7. Persons residing on an Indian reservation or Indian colony may participate in any program adopted pursuant to subsection 5 by a municipality in which the reservation or colony is located if the governing body of the reservation or colony adopts an ordinance requesting such participation. Upon receipt of such a request, the governing body of the municipality shall make available to the residents of the reservation or colony those programs requested.
Sec. 6. NRS 444A.050 is hereby amended to read as follows:
444A.050 1. A county or health district that adopts a program pursuant to NRS 444A.040 shall:
(a) On or before July 1 of each year, submit a report to the Department of the number of tons of material disposed of in the area covered by the program.
(b) Within 6 months after adopting the program, and at least once every 6 months thereafter, notify all persons occupying residential, commercial, governmental and institutional premises within the area covered by the program of the local recycling opportunities and the need to reduce the amount of waste generated.
2. The governing body of a municipality that adopts a program pursuant to NRS 444A.040 shall:
(a) Adopt such ordinances as are necessary for the enforcement of the program.
(b) At least once every [36] 24 months, conduct a review of the program and [make] propose such revisions to the program and any ordinances adopted pursuant thereto as [are deemed] the governing body determines are necessary and appropriate. The findings of the review and any proposed revisions must be submitted to the Department for approval on or before July 30 of each even-numbered year.
Sec. 7. NRS 444A.060 is hereby amended to read as follows:
444A.060 1. A person who offers a tire for a vehicle for sale at retail shall post at the point of purchase a written notice which is at least 8 1/2 inches by 11 inches in size and contains the following information:
NOTICE
State law requires us to accept used tires for disposal or recycling when new tires are purchased from us.
κ2005 Statutes of Nevada, Page 1503 (CHAPTER 387, SB 396)κ
2. It is unlawful for a person who offers a tire for a vehicle for retail sale to refuse to accept used or waste tires in exchange on the purchase of a new tire. This section does not require the purchaser of a tire to provide a used or waste tire as a condition of his purchase of a new tire. The seller shall comply with the regulations of the State Environmental Commission regarding the proper disposal of the used or waste tires so collected. In addition to any other applicable penalty, any person who violates the provisions of this subsection is guilty of a misdemeanor and shall be fined not less than $100 for each day of violation.
Sec. 8. NRS 444A.110 is hereby amended to read as follows:
444A.110 1. The Division [of Environmental Protection of the State Department of Conservation and Natural Resources] shall develop a program of public education to provide information, increase public awareness of the individual responsibility of properly disposing of solid waste and encouraging public participation in recycling, reuse and waste reduction. The program must be designed in accordance with the plans to provide for a solid waste management system approved pursuant to NRS 444.510 to communicate the importance of conserving natural resources, in addition to the importance of protecting public health and the environment. The program must include promotion of the private and public efforts to accomplish conservation, recovery and reuse.
2. The Division [of Environmental Protection of the State Department of Conservation and Natural Resources] shall encourage the reduction of waste and litter by:
(a) Providing, upon request, advice to persons regarding techniques to reduce waste and general information on recycling.
(b) Establishing a computer database to process related information.
(c) Establishing a toll-free telephone line to assist in the dissemination of information.
(d) Sponsoring or cosponsoring technical workshops and seminars on waste reduction.
(e) Assisting local programs for the research and development of plans to reduce waste.
(f) Coordinating the dissemination of publications on waste reduction, regardless of the source of those publications.
(g) Assisting in the development and promotion of programs of continuing education for educators and administrators to enable them to teach and encourage methods of waste reduction.
(h) Developing an emblem to signify and advertise the efforts in Nevada to encourage recycling.
(i) Recommending to educational institutions courses and curricula relating to recycling and the reduction of waste.
(j) Assisting state agencies, upon request, to develop and carry out programs for recycling within state buildings.
3. The Division [of Environmental Protection of the State Department of Conservation and Natural Resources] shall coordinate the technical assistance available from the various state agencies. The Administrator of [that] the Division shall prepare and deliver biennial reports to the Governor regarding the progress of the program.
4. The Division may award grants to municipalities, educational institutions and nonprofit organizations for projects that enhance solid waste management systems and promote the efficient use of resources. The Division shall consult a solid waste management authority before awarding a grant for a project within the jurisdiction of that solid waste management authority.
κ2005 Statutes of Nevada, Page 1504 (CHAPTER 387, SB 396)κ
Division shall consult a solid waste management authority before awarding a grant for a project within the jurisdiction of that solid waste management authority.
5. The State Environmental Commission shall adopt regulations governing the administration of grants awarded pursuant to subsection 4.
6. As used in this section, unless the context otherwise requires, Division means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
Sec. 9. NRS 459.520 is hereby amended to read as follows:
459.520 1. The Commission shall adopt regulations for the granting, renewal, modification, suspension, revocation and denial of permits.
2. If the local government within whose territory a facility for the treatment, storage or disposal of hazardous waste is to be located requires that a special use permit or other authorization be obtained for such a facility or activity, the application to the Department for a permit to operate such a facility must show that local authorization has been obtained. This requirement does not apply to an application for a permit to construct a utility facility that is subject to the provisions of NRS 704.820 to 704.900, inclusive.
3. Permits may contain terms and conditions which the Department considers necessary and which conform to the provisions of regulations adopted by the Commission.
4. Permits may be issued for any period of not more than 5 years.
5. A permit may not be granted or renewed if the Director determines that granting or renewing the permit is inconsistent with any regulation of the Commission relating to hazardous waste or with the plan for management of hazardous waste developed pursuant to NRS 459.485. The provisions of this subsection do not apply to a permit granted or under review before July 1, 1987.
6. The Department may suspend or revoke a permit pursuant to the Commissions regulations if the holder of the permit fails or refuses to comply with the terms of the permit or a regulation of the Commission relating to hazardous waste.
7. A permit may not be granted, renewed or modified for a facility for the disposal of hazardous waste that proposes to construct or operate a landfill unless the Director determines that the landfill is or will be constructed to include at least one liner and a leachate collection and removal system designed to prevent the migration of waste or leachate to the adjacent subsurface soils, groundwater and surface water.
8. As used in this section:
(a) Landfill means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land-treatment facility, a surface impoundment, an underground-injection well, a salt-dome formation, a salt-bed formation, an underground mine or a cave.
(b) Liner means a continuous layer of man-made material installed beneath and on the sides of a landfill which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents or leachate, and prevents the migration of waste to the adjacent subsurface soils, groundwater and surface water.