[Rev. 2/28/2019 12:17:31 PM]
κ1977 Statutes of Nevada, Page 241 (CHAPTER 120, AB 158)κ
and elections in this state; and that I will qualify for the office if elected thereto; and my name shall appear on all ballots as here designated.
.................................................................
(Designation of name)
.................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ........... day of ......................, 19.......
.....................................................................
Notary Public (or other officer
authorized to administer an oath)
3. A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.
4. The party designation in nonpartisan elections shall not be shown on the declaration of candidacy.
Sec. 3. NRS 293.195 is hereby amended to read as follows:
293.195 1. Judicial offices, school offices and members of boards of hospital trustees of public hospitals are hereby designated nonpartisan offices.
2. No words designating the party affiliation of a candidate for nonpartisan offices [shall] may be printed upon the ballot. [or ballot label.]
Sec. 4. NRS 293.205 is hereby amended to read as follows:
293.205 1. On or before the 1st Wednesday in July of every even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require in accordance with NRS 293.207 to [293.215,] 293.213, inclusive.
2. On or before the 1st Wednesday in May in each year when a President of the United States is to be nominated and elected, the county clerk shall establish and define the boundaries of presidential primary election districts as provided in NRS 298.145.
Sec. 5. NRS 293.218 is hereby amended to read as follows:
293.218 The county clerk may provide by rule or regulation for the:
1. Recommendation, by the persons selected as chairman of election boards, of suitable persons to serve as members of election boards; and
2. Recommendation by the chairmen of suitable persons to serve in the case of vacancies. [; and
3. Delegations of responsibility for instruction of the members of the election board required by NRS 293A.350 to the chairman.]
Sec. 6. NRS 293.227 is hereby amended to read as follows:
293.227 1. [In any precinct or district where ballots are used, the election board shall consist of five] Each election board consists of at least three members, one of whom shall be designated chairman by the county clerk. Such boards shall make the records of election required by this chapter.
κ1977 Statutes of Nevada, Page 242 (CHAPTER 120, AB 158)κ
2. The county clerk shall conduct or cause to be conducted, at least 5 days prior to the date of the election for which the boards are appointed, a school for the chairmen for the purpose of acquainting such chairmen with the election laws, duties of election boards, the [rules and] regulations of the secretary of state and with the procedure for making the records of election and using the register for election boards. If the person appointed chairman is unable for any reason to attend such school, he shall appoint some other member of his election board to attend such school in his stead.
3. The board of county commissioners of any county may reimburse the chairmen or their designates who attend such school for their travel expenses at a rate not exceeding 10 cents per mile.
4. Each chairman shall instruct his board before election day.
Sec. 7. NRS 293.243 is hereby amended to read as follows:
293.243 1. [In counties where voting machines are used, the county clerk shall appoint one or more absent ballot central counting boards to count the absent ballot votes cast by the registered voters in such county, as received in the mails by the county clerk or voted in person at his office.
2. Such counting board shall consist of four or more] An absent ballot central counting board consists of election board officers appointed in such numbers as the county clerk determines to be required by the volume of absent ballots requested.
[3.] 2. The county clerks deputies who perform duties in connection with elections shall be considered officers of the absent ballot central counting board.
[4.] 3. When requested by the county clerk, the sheriff shall appoint a deputy sheriff to keep order during such counting boards counting of the absent ballot votes.
[5.] 4. The counting of the absent ballot votes shall be in public.
[6.] 5. Such counting board shall be under the direction of the county clerk.
[7.] 6. Members of the absent ballot central counting board shall begin the performance of their duties as soon as the polls close, and shall continue in session until all the votes cast on absent voters ballots are counted.
Sec. 8. NRS 293.250 is hereby amended to read as follows:
293.250 1. The secretary of state shall, in a manner consistent with the election laws of this state, prescribe the form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, affidavits of registration, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
2. He shall prescribe the arrangement of the matter to be printed on every kind of ballot, [and label,] including:
(a) The placement and listing of all offices, candidates and issues upon which voting is statewide, which shall be uniform throughout the state.
(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and issues upon which voting is not statewide, from which each county clerk shall prepare appropriate ballot forms for use in his county.
κ1977 Statutes of Nevada, Page 243 (CHAPTER 120, AB 158)κ
(c) A condensation of each issue or proposition or constitutional amendment into a question not exceeding 25 words, written in easily understood language. Each such condensation shall be placed nearest the spaces or devices for indicating the voters choice.
3. The names of candidates for township and legislative or special district offices shall be printed only on the ballots furnished to voters of such township or district.
4. County clerks may divide paper ballots into two sheets in such a manner as to provide a clear understanding and grouping of all questions and candidates.
Sec. 9. NRS 293.257 is hereby amended to read as follows:
293.257 1. There shall be a separate primary ballot for each political party and a separate nonpartisan primary ballot.
2. The names of candidates for partisan offices who have designated a political party in the declaration of candidacy or acceptance of candidacy shall appear on the primary ballot of the political party designated.
3. The names of candidates for nonpartisan offices shall appear on all nonpartisan ballots. [and ballot labels.]
Sec. 10. NRS 293.270 is hereby amended to read as follows:
293.270 1. Voting at any primary or general election shall be on printed ballots or [voting machine ballot labels.] by any other system approved by the secretary of state or specifically authorized by law.
2. Voting shall be only upon candidates whose names appear upon the ballot [or ballot labels] prepared by the election officials, and no person may write in the name of an additional candidate for any office.
Sec. 11. NRS 293.273 is hereby amended to read as follows:
293.273 1. Except as provided in subsections 2 and 3 and NRS 293.305, at all elections held under the provisions of this Title, the polls shall open at 8 a.m. and close at 7 p.m.
2. In counties where a punchcard voting system or [voting machines are] other system in which ballots are counted by an electronic computer or tabular is used, the polls shall open at 7 a.m. and close at 7 p.m.
3. Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls, and the counting of votes shall begin and continue without unnecessary delay until the count is completed.
4. Upon opening the polls one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.
5. No person other than election board officers engaged in receiving, preparing or depositing ballots [, or issuing voting machines admission authorities,] may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary for the purpose of keeping order and carrying out the provisions of this Title.
Sec. 12. NRS 293.287 is hereby amended to read as follows:
293.287 1. A registered voter applying to vote at any primary election shall give his name and political affiliation, if any, to the election board officer in charge of the election board register, and such officer shall immediately announce the name and political affiliation.
κ1977 Statutes of Nevada, Page 244 (CHAPTER 120, AB 158)κ
2. Any persons right to vote may be challenged by any registered voter upon any of the grounds allowed for a challenge in NRS 293.303 or on the ground that the person applying does not belong to the political party designated upon the register, or that the register does not show that he designated the political party to which he claims to belong.
3. Any such challenge shall be disposed of in the manner provided by NRS 293.303.
4. When the election board is satisfied as to the name, political affiliation and identity of the registered voter, the board shall issue the proper party and nonpartisan ballot. [or admission authority.]
Sec. 13. NRS 293.296 is hereby amended to read as follows:
293.296 Any registered voter who by reason of physical disability is unable to mark a ballot or use [a voting machine] any voting device without assistance is entitled to such assistance from a consenting [individual] person of his own choice, except an election board official who is not the spouse of such registered voter. [No] A person providing assistance to a disabled voter in casting his vote shall not disclose any information with respect to the casting of such ballot. The right to assistance in casting a ballot shall not be denied or impaired when the need for assistance by reason of a disability is apparent or is known to the election board or any member thereof, but the election board may require a registered voter to sign a statement that he requires assistance in casting his vote by reason of disability when the need for assistance is not apparent or no member of the election board has knowledge thereof. Any such statement shall be executed under penalty of perjury.
Sec. 14. NRS 293.303 is hereby amended to read as follows:
293.303 1. A person applying to vote may be challenged orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed, or has voted before on the same day, or on any other ground provided for in this Title.
2. If a person is challenged orally, the election board shall tender him the following oath or affirmation: Do you swear (or affirm) that you are the person whose name is on the affidavit of registration in this precinct register?
3. If such person refuses to take the oath so tendered, or if any person is otherwise successfully challenged, such person shall not be issued a ballot, [or admission authority,] and the officer in charge of the election board register shall write the words Challenged ..................... on the back of such persons affidavit of registration.
4. The election board officers shall record the success of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person that such person was challenged successfully.
5. When a challenge is unsuccessful, the challenged person shall be issued a ballot [or an admission authority] and shall be allowed to vote. The election board officers shall record the unsuccessful challenge on the challenge list.
6. In all cases of challenge the decision [shall rest] rests with the election board by majority vote.
κ1977 Statutes of Nevada, Page 245 (CHAPTER 120, AB 158)κ
7. The election board officers may test the qualifications of the challenged person by asking any relevant question which such officers consider necessary to arrive at a decision.
8. Answers shall be given under oath and compared with the statements on the questioned persons affidavit of registration.
9. The election board officers may refuse to allow a challenged person to vote without further proceedings unless he brings registered voters of the county to be examined under oath as to the qualifications of the challenged person.
10. When the affidavit of registration of a person applying to vote has an affidavit of challenge attached, the officer in charge of the election board register shall cause such challenge to be executed before all the election board officers in the same manner as if such person were challenged orally at the polling place. After such execution, the election board shall proceed to decide in the manner provided in this section for oral challenges.
Sec. 15. NRS 293.310 is hereby amended to read as follows:
293.310 1. A registered voter who requests and receives an absent voters ballot may vote only by absent ballot at the election for which such absent ballot was issued.
2. When any registered voter has requested an absent ballot and such ballot has been mailed or issued, [or an admission authority to a voting machine has been issued,] the county clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.
Sec. 16. NRS 293.327 is hereby amended to read as follows:
293.327 [1.] If the request for an absent ballot is made by a registered voter in person, the county clerk shall [, in counties where voting machines are used for voting absent ballots:
(a) Issue a ballot to the voter to be voted on the premises of such clerks office and shall follow the same procedure as in the case of absent ballots received in the mail; or
(b) Issue to such voter an admission authority to the voting machine which has the proper ballot listing required for such voter. When such voter has indicated his vote on the voting machine, the proper record shall be made in the pollbook and roster, or the record book incorporating poll and roster book, showing that such voter has voted an absent ballot.
2. In all other counties, the county clerk shall] issue an absent ballot [or an absent ballot punchcard] to the registered voter, and such ballot shall be voted on the premises of such clerks office and returned to the clerk. The clerk shall follow the same procedure as in the case of absent ballots received by mail.
Sec. 17. NRS 293.365 is hereby amended to read as follows:
293.365 No counting board in any precinct or district in which paper ballots are used may commence to count the votes until all ballots used or unused are accounted for.
Sec. 18. NRS 293.387 is hereby amended to read as follows:
293.387 1. As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners, such board shall meet and proceed to canvass the returns.
κ1977 Statutes of Nevada, Page 246 (CHAPTER 120, AB 158)κ
such board shall meet and proceed to canvass the returns. The canvass shall be completed on or before the 10th day following the election.
2. In making its canvass, the board of county commissioners shall:
(a) Note separately any clerical errors discovered;
(b) Take account of the changes resulting from such discovery, so that the result declared will represent the true vote cast.
3. The county clerk shall, as soon as the result is declared, enter upon the records of such board an abstract of the result, which shall contain the number of votes cast for each candidate. The board of county commissioners, after making such abstract, [of votes,] shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract and transmit [the same] it to the secretary of state within 10 days after the day of election.
4. The secretary of state shall, immediately after any primary, compile the returns for all candidates voted for in more than one county. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.
[5. When the result of any election involving a voting machine is challenged because of a possible malfunctioning voting machine, the board of county commissioners shall unlock, examine and test the counting and voting mechanisms of such machine. In testing such machine, each lever involved in the contested race shall be operated at least 100 times. After completion of such examination a statement shall be prepared by the board of county commissioners conducting the examination. Such statement shall be in writing and shall be witnessed by at least two persons who were present. It shall then be filed with the board of county commissioners and the secretary of state.]
Sec. 19. NRS 293.410 is hereby amended to read as follows:
293.410 1. A statement of contest shall not be dismissed by any court for want of form if the grounds of contest are alleged with sufficient certainty to inform the defendant of the charges he is required to meet.
2. An election may be contested upon any of the following grounds:
(a) That the election board or any member thereof was guilty of malfeasance.
(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.
(c) That illegal votes were cast and counted for the defendant, which, if taken from him, will reduce the number of his legal votes below the number necessary to elect him.
(d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.
(e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his election.
(f) That there was a possible malfunction of [a voting machine.] any voting or counting device.
Sec. 20. NRS 293.425 is hereby amended to read as follows:
293.425 1. If the contest is for the office of assemblyman or state senator, a statement of contest, prepared as provided in NRS 293.407, and all depositions, ballots [, records of voting machine counters and all] and other documents relating to the contest shall be filed with the secretary of state within the time provided for the filing of statements of contests with the clerk of the district court.
κ1977 Statutes of Nevada, Page 247 (CHAPTER 120, AB 158)κ
and all depositions, ballots [, records of voting machine counters and all] and other documents relating to the contest shall be filed with the secretary of state within the time provided for the filing of statements of contests with the clerk of the district court.
2. When a statement of contest if filed with the secretary of state, he shall immediately notify the governor, who shall withhold issuing a certificate of election. If the governor has issued a certificate of election prior to receipt of notice from the secretary of state, such certificate is void.
Sec. 21. NRS 293.430 is hereby amended to read as follows:
293.430 1. If the contest is for the office of governor, lieutenant governor or justice of the supreme court, the statement of contest and all depositions, ballots [, a record of voting machine counters and all] and other documents relating to such contest shall be filed with the secretary of state within the time provided for filing statements of contests with the clerk of the district court.
2. The secretary of state shall deliver the statement of contest and all other papers and documents to the speaker of the assembly on or before the second day after the organization of the legislature.
3. A joint session of both houses shall be convened as soon thereafter as the business of both houses permits, but not later than 10 days after receipt of statement of contest.
Sec. 22. NRS 293.480 is hereby amended to read as follows:
293.480 Until the time for contest of election has expired, the ballots [or voting machines] returned to the county clerk may not be inspected by any person, except in cases of recount or election contest, and then only by the judge, special master, board or legislative body before whom such election is being contested or who is conducting the recount.
Sec. 23. NRS 293B.110 is hereby amended to read as follows:
293B.110 A punchcard system may be adopted for some of the precincts or districts in the same county or city, while the remainder of the precincts or districts in such county or city may be [equipped with voting machines or] furnished with paper ballots.
Sec. 24. NRS 295.045 is hereby amended to read as follows:
295.045 1. Whenever a number of registered voters of this state equal to 10 percent or more of the number of voters who voted at the last preceding general election [shall] express their wish by filing with the secretary of state, not less than 4 months before the date of the next succeeding general election, a petition in the form provided for in NRS 295.055 that any statute or resolution or any part thereof enacted by the legislature be submitted to a vote of the people, the secretary of state shall submit the question of approval or disapproval of such statute or resolution or any part thereof to a vote of the voters at the next succeeding election at which such question may be voted upon by the registered voters of the entire state.
2. The secretary of state shall certify the questions to the county clerks, and they shall publish [the same] them in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.
κ1977 Statutes of Nevada, Page 248 (CHAPTER 120, AB 158)κ
3. The title of the statute or resolution shall be set out on the ballot, and the question printed upon the ballot for the information of the voters shall be as follows: Shall the statute (setting out the title thereof) be approved?.
4. Where [voting machines are used] the punchcard voting system is used, the title of the statute shall appear on the ballot [label] card or ballot page assembly and may be condensed to 20 words.
5. The votes cast upon such question shall be counted and canvassed as the votes for state officers are counted and canvassed.
6. If a majority of the voters voting upon the proposal submitted at such election votes approval of such statute or resolution or any part thereof, such statute or resolution or any part thereof shall stand as the law of the state and shall not be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people. If a majority of such voters votes disapproval of such statute or resolution or any part thereof, such statute or resolution or any part thereof shall be void and of no effect.
Sec. 25. NRS 295.170 is hereby amended to read as follows:
295.170 1. The subject matter of such questions shall be stated concisely on the ballot, and the question printed upon the ballot for the information of the voter shall be as follows: Shall the act (setting out the title thereof) be approved?.
2. Where [voting machines are] the punchcard voting system is used, the title of the act shall appear on the ballot [label] card or ballot page assembly and may be condensed by the district attorney to 20 words.
3. The district attorney shall prepare an explanation of each such question, which shall be placed on the ballot [label.] or ballot page assembly or posted in the polling place.
4. The votes cast upon such question shall be counted and canvassed as the votes for county officers are counted and canvassed.
Sec. 26. NRS 306.060 is hereby amended to read as follows:
306.060 1. [Upon] Except as provided in subsection 2, upon the ballot for the election there shall be printed verbatim, as set forth in the recall petition, the reason for demanding the recall of the officer, and in not more than 200 words, if furnished by him, the officers justification of his course in office.
2. Where [voting machines are] the punchcard voting system is used, the reason for demanding the recall of the officer and the officers justification [shall] need not be printed on the ballot [label,] or ballot page assembly, but shall be printed on sample ballots, which may be mailed to all registered voters or presented to registered voters upon their application to vote.
Sec. 27. NRS 306.070 is hereby amended to read as follows:
306.070 1. If there are no other candidates nominated to be voted for at the special election, there shall be printed on the ballot [and ballot label] or ballot page assembly the name of the officer sought to be recalled, the office which he holds, and the words For Recall and Against Recall.
2. If there are other candidates nominated for the office to be voted for at the special election, there shall be printed upon the ballot [and ballot label] or ballot page assembly the name of the officer sought to be recalled, and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at the special election, and the words For Recall and Against Recall shall be omitted.
κ1977 Statutes of Nevada, Page 249 (CHAPTER 120, AB 158)κ
ballot label] or ballot page assembly the name of the officer sought to be recalled, and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at the special election, and the words For Recall and Against Recall shall be omitted.
3. In other respects the ballot shall conform with the requirements of the election laws of this state.
Sec. 28. NRS 293.020, 293.023, 293.215 and 293A.010 to 293A.570, inclusive, are hereby repealed.
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Assembly Bill No. 57Committee on Agriculture
CHAPTER 121
AN ACT relating to estrays, providing for payment of expenses for their care; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 569.060 is hereby amended to read as follows:
569.060 1. Upon receiving notice of the taking up of an estray the department, or its duly authorized agent, shall make or cause to be made an examination of the state brand records.
2. If from the records the name of the owner or probable owner can be determined, the department, or its duly authorized agent, shall forthwith notify him of the taking up of [such] the estray or estrays.
3. Upon the owners proving to the satisfaction of the department that the estray animal or animals are lawfully his, the department shall issue to him an order to receive [the same] them upon the payment of any damages allowed by law and such charges as may be approved by the department as reasonable which may have been incurred in the care of the animal or animals so taken up. [No charge of more than $1.50 per day per head shall be made or allowed for the care of any such estray.]
4. Upon receipt of a notice of the taking up of [such] an estray, the department, or its duly authorized agent, may require a closer examination of the brands and marks, as set forth in the notice, and may require a state inspector to examine the [same] brands before advertising.
Sec. 2. NRS 569.070 is hereby amended to read as follows:
569.070 1. Where the owner or probable owner of estrays [taken up as provided in NRS 569.040 to 569.130, inclusive,] cannot with reasonable diligence be determined by the department or its duly authorized agent, the department [is authorized, subject to the provisions of subsection 2, to] shall advertise them or cause them to be advertised. [such estrays in such manner and form and at such times as it sees fit.]
κ1977 Statutes of Nevada, Page 250 (CHAPTER 121, AB 57)κ
2. A notice of [such] the estray or estrays, with a full description, [of the same,] giving brands, marks and colors thereon, shall be published [once a week for 2 consecutive weeks] in a newspaper published at the county seat of the county in which the estray or estrays [is or are] was or were taken up. [in accordance with the provisions of NRS 569.040 to 569.130, inclusive.] If there is no newspaper published at the county seat of such county, then the notice shall be [advertised as provided herein] published in the newspaper published at the nearest point to such county.
3. Expenses incurred in carrying out the provisions of this section shall be [met from the livestock inspection fund.] deducted from the proceeds of the sale of the estrays advertised.
Sec. 3. NRS 569.090 is hereby amended to read as follows:
569.090 1. The department shall pay, or cause to be paid, the reasonable expenses incurred in taking up, holding, advertising and selling [such] the estray or estrays, and any damages for trespass allowed pursuant to NRS 569.440, and shall place the balance in the agriculture working capital fund of the department. The department shall make a full and complete record of all such transactions, including the marks and brands and other means of identification of an estray or estrays, which record shall be open to the inspection of the public.
2. [Should] If the lawful owner of any [such] estray or estrays sold as provided in this section [be] is found within 1 year after the sale of such estray or estrays, the new amount received from the disposal of such estray or estrays shall be paid to the owner [upon his proving] if he proves ownership to the satisfaction of the department. If, at the end of 1 year from the date of sale of [such] the estray or estrays, the proceeds from such sale or sales remain unclaimed, such proceeds shall be deposited in the livestock inspection fund.
3. [In all cases of claims] If any claim pending after the expiration of 1 year from the date of sale [, and denied, such] is denied, the proceeds shall be deposited in the livestock inspection fund. [promptly after denial of such claims.]
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Assembly Bill No. 166Committee on Government Affairs
CHAPTER 122
AN ACT relating to general improvement districts; allowing payment of compensation to members of boards of trustees; reducing the limit on the total amount of debt which may be incurred by a district; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 318.085 is hereby amended to read as follows:
318.085 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.
κ1977 Statutes of Nevada, Page 251 (CHAPTER 122, AB 166)κ
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, 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 book shall 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 from time to time, upon good cause shown, increase or decrease the amount of such bond.
5. [Except as otherwise provided in this subsection, no member of the board shall receive compensation for his services. Each member of the board of a district organized or reorganized pursuant to this chapter and authorized to exercise any of the basic powers provided in NRS 318.140, 318.142, 318.144 and 318.1192 shall receive as compensation for his service a sum not in excess of $1,800 per year, payable monthly, but no member of such board shall receive any compensation as an employee of the district or otherwise, other than that herein provided.] 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. 2. NRS 318.277 is hereby amended to read as follows:
318.277 A district may borrow money and incur or assume indebtedness therefor, as provided in this chapter, so long as the total of all such indebtedness (but excluding revenue bonds, special assessment bonds, and other securities constituting special obligations which are not debts) does not exceed an amount equal to 50 percent of the total of the last assessed valuation of taxable property (excluding motor vehicles) situated within such district.
Sec. 3. This act shall become effective upon passage and approval.
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κ1977 Statutes of Nevada, Page 252κ
Senate Bill No. 99Committee on Education, Health and Welfare and State Institutions
CHAPTER 123
AN ACT authorizing the mental hygiene and mental retardation division of the department of human resources to apply for donations or grants to construct mental health and retardation facilities; requiring approval by the interim finance committee or the legislature; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The mental hygiene and mental retardation division of the department of human resources is authorized to submit one or more applications before July 1, 1979, for donations or grants to construct mental health and retardation facilities. Money received by the division may be expended to acquire in the name of the State of Nevada real property upon which to construct the facilities if such use does not violate the terms and conditions imposed by the donor.
Sec. 2. Before submitting an application pursuant to section 1 of this act, the mental hygiene and mental retardation division shall present it for the approval of the interim finance committee when the legislature is not in regular or special session, or for the approval of the legislature by concurrent resolution when the legislature is in regular or special session. The division shall not proceed with the application until such approval has been obtained.
Sec. 3. The provisions of NRS 341.121 apply to all donations and grants received under the provisions of this act.
Sec. 4. This act shall become effective upon passage and approval.
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Senate Bill No. 179Committee on Government Affairs
CHAPTER 124
AN ACT relating to state borrowing and bonds; restricting certain maturity limits; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 349.276 is hereby amended to read as follows:
349.276 1. As the commission may determine, any bonds and other state securities issued hereunder, except as otherwise provided in the constitution of the state, or in the State Securities Law, or in any act supplemental thereto, shall:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code — Investment Securities;
κ1977 Statutes of Nevada, Page 253 (CHAPTER 124, SB 179)κ
(c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the commission;
(d) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the commission; and
(e) Be printed at such place within or without this state, as the commission may determine.
2. Any such bonds or other state securities shall bear interest at a rate or rates of not more than 9 percent per annum. The interest shall be made payable:
(a) If the security constitutes a debt subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, semiannually.
(b) If the security does not constitute a debt or is issued for the protection and preservation of the states property or natural resources or for the purpose of obtaining the benefits thereof, at intervals which the commission shall designate, and the first interest payment may be for another period.
3. General obligation bonds shall mature within not exceeding 20 years from their date or within 20 years from the [effective] date of passage of the act authorizing their issuance or the issuance of any securities funded or refunded thereby, whichever limitation is shorter; but any bonds constituting a debt which is not subject to the limitations stated in the first paragraph of section 3, of article 9 of the constitution of this state, as from time to time amended, shall mature within not exceeding 50 years from their date.
4. Special obligation bonds shall mature within not exceeding 50 years from their date.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 194Committee on Education, Health and Welfare and State Institutions
CHAPTER 125
AN ACT relating to health planning and facilities; establishing a state health coordinating council and authorizing establishment of an office of health planning and resources in the department of human resources; prescribing certain powers and duties of these agencies; abolishing the state comprehensive health planning advisory council; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 439A.010 is hereby amended to read as follows:
439A.010 As used in this chapter: [, council means the state comprehensive health planning advisory council.]
κ1977 Statutes of Nevada, Page 254 (CHAPTER 125, SB 194)κ
1. Council means the state health coordinating council.
2. Department means the department of human resources.
3. Federal Act means 42 U.S.C. §§ 300k to 300t, inclusive.
4. Health systems agency means an organization in this state which has been designated as a health systems agency by the Federal Government.
Sec. 2. NRS 439A.020 is hereby amended to read as follows:
439A.020 [In order to provide state comprehensive health planning in response to the enactment of 42 U.S.C. § 246, as from time to time amended, there is hereby created a state comprehensive health planning advisory council.] The state health coordinating council is hereby created to:
1. Promote equal access to quality health care at a reasonable cost;
2. Promote an adequate supply and distribution of health resources;
3. Promote uniform, effective methods of delivering health care;
4. Reduce maldistribution of health care facilities and manpower;
5. Reduce the rate of increase in the cost of health care;
6. Encourage participation in health planning by members of the several health professions, representatives of institutions and agencies interested in the provision of health care, and the general public;
7. Utilize the viewpoint of the general public for making decisions; and
8. Encourage public education regarding proper personal health care and methods for the effective use of available health services.
Sec. 3. NRS 439A.030 is hereby amended to read as follows:
439A.030 1. The council [shall be composed of 11 members, appointed by the governor, six of whom shall be representative of the consumer public. The chairman shall be appointed by the governor.
2. The representatives of the consumer public shall be bona fide public representatives whose occupations are neither the administration of health activities nor the performance of health services, who have no fiduciary obligation to a hospital or other health agency, and who have no material financial interest in the rendering of health services.] consists of at least 16 representatives appointed by the governor from the respective health systems agencies. Each health systems agency is entitled to the same number of representatives, no fewer than two, on the council. Of the representatives of each health systems agency not less than 50 nor more than 60 percent shall be persons who are consumers of health care and not providers of health care. In addition, the governor may appoint such persons to serve on the council as he deems appropriate, except:
(a) The number of additional persons appointed to the council may not exceed 40 percent of the total membership of the council; and
(b) A majority of the persons appointed by the governor shall be consumers of health care who are not also providers of health care.
Not less than one-third of the providers of health care who are members of the council shall be direct providers of health care. If two or more hospitals or other health care facilities of the Veterans Administration are located in the state, the council shall, in addition to the appointed members, include as an ex officio member a person whom the Chief Medical Director of the Veterans Administration designates as a representative of such facilities.
κ1977 Statutes of Nevada, Page 255 (CHAPTER 125, SB 194)κ
members, include as an ex officio member a person whom the Chief Medical Director of the Veterans Administration designates as a representative of such facilities.
2. The council shall select a chairman from among its members.
3. The council shall conduct all business meetings in public and shall meet at least once in each calendar quarter of a year.
Sec. 4. NRS 439A.040 is hereby amended to read as follows:
439A.040 1. [Of the members first appointed by the governor, six shall hold office for 1 year and five shall hold office for 2 years.
2. Thereafter, each member shall hold office for 4 years. No appointing authority specified in NRS 439A.030 shall appoint any person to alternate membership on the council, but such authority] After the initial terms, the term of office for each member of the council is 3 years. A member may not serve more than two consecutive terms.
2. The governor may appoint a replacement to fill a vacancy for the remainder of a term.
3. No person may be appointed to alternate membership on the council.
4. Members of the council are not entitled to compensation but are entitled to reimbursement for any actual and necessary expenses incurred in connection with their duties as members of the council, at the rate prescribed by law for state officers and employees.
Sec. 5. NRS 439A.060 is hereby amended to read as follows:
439A.060 The council [:
1. Shall develop a state comprehensive health plan for health services which are needed to meet the physical, mental and environmental health needs of the people of Nevada. Such plan shall include facilities and the necessary personnel required for comprehensive health planning services.
2. Shall have the powers and duties enumerated under the state comprehensive health plan as approved and adopted under the provisions of 42 U.S.C. § 246, as from time to time amended.
3. May require state and other public agencies to submit data on publicly administered or financed health programs pertinent to effective planning and coordination under the provisions of 42 U.S.C. § 246, as from time to time amended.
4. Shall advise the state comprehensive health planning agency in the conduct of its comprehensive health planning activities and in the setting of priorities.
5. Shall approve the state comprehensive health plan to be submitted to the Federal Government. The budget of the state comprehensive health planning agency for expenditure of planning money and health grant funds shall be submitted to the advisory council for its recommendation before its submission to the governor and the legislature.] shall:
1. Prepare a state health plan and periodically review it and make necessary revisions. The council shall conduct a public hearing on any proposed state health plan before approving it.
2. Coordinate the plans of the health systems agencies and annually review and comment on these plans and the agencies budgets.
κ1977 Statutes of Nevada, Page 256 (CHAPTER 125, SB 194)κ
3. Review applications for federal grants for which provision is made in the Federal Act and regulations adopted pursuant thereto.
4. Advise the department concerning state health planning functions.
Sec. 6. NRS 439A.100 is hereby amended to read as follows:
439A.100 1. The health division of the department of human resources shall not issue a new license or alter an existing license for changes in the number of beds or types of services offered by [a health facility,] a hospital, ambulatory surgical care center, skilled nursing facility, intermediate care facility or home health agency without an approval in writing from the [council.
2. In localities having an areawide comprehensive health planning agency, an applicant shall submit his application to such agency for review and recommendation, which shall then be forwarded to the council for review and recommendation. If no areawide health planning agency is available to the applicant, the application shall be sent directly to the council for consideration.
3. An applicant may petition the council, in writing, for a hearing on the decision on appeal. A petition for hearing shall be made within 30 days of the appealed decision, and the council shall grant a hearing within 60 days of receipt of the request. A hearing shall be held on the appeal, but it may be heard by a committee of the council composed of at least three voting members, a majority of whom shall be consumers. The final decision on the appeal shall be made by the full council.] director of the department or office of health planning and resources.
2. The situations in which this approval is required include:
(a) The construction, development or other establishment of a new health care facility or health maintenance organization;
(b) Any expenditure by or on behalf of a health care facility or health maintenance organization in excess of $150,000, or such amount as the department may specify in regulations adopted pursuant to this chapter, which under generally accepted accounting principles consistently applied is a capital expenditure;
(c) A change in the number of existing beds in a hospital, skilled nursing facility, intermediate care facility, end-stage renal disease treatment facility or health maintenance organization through the addition or removal of five or more beds, or the relocation of five or more beds from one physical facility to another; and
(d) The offering of health services in or through a health care facility, home health agency or health maintenance organization, costing more than $150,000 or such amount as the department may specify in regulations adopted pursuant to this chapter, which were not offered on a regular basis in or through that facility, agency or organization within the 12-month period before the time when such services would be offered.
3. Upon receipt of an application for such approval, the director or office shall consider any recommendation of a health systems agency. A decision to approve or disapprove the application must generally be based on the need for services, utilizing criteria, established by the department by regulation, which are consistent with the purposes set forth in NRS 439A.020 and with the goals and priorities of the health plans developed pursuant to the Federal Act.
κ1977 Statutes of Nevada, Page 257 (CHAPTER 125, SB 194)κ
Sec. 7. Chapter 439A of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.
Sec. 8. 1. The department shall act as the state health planning and development agency for the purposes of the Federal Act. As such state agency, the department shall:
(a) Carry out the state administrative program and perform the state health planning and development functions prescribed in the Federal Act; and
(b) Consult with and assist the council,
and may accept and disburse money granted by the Federal Government pursuant to the Federal Act.
2. The director of the department may establish within the department an office of health planning and resources, consisting of employees in the classified service, which shall:
(a) Perform health planning functions and develop health resources for the state.
(b) Carry out the functions of the department as state agency under the Federal Act.
3. The department may:
(a) Adopt such regulations as are necessary to carry out the provisions of this chapter.
(b) Require providers of health care doing business in the state to continue to make statistical and other reports, to the same extent customarily made in the year 1977, appropriate to the performance of the departments duties under this chapter.
Sec. 9. The department or its office of health planning and resources may apply to any court of competent jurisdiction to enjoin any person, state agency or local governmental agency which has engaged in or is about to engage in any act which violates any provision of this chapter or the regulations adopted pursuant thereto. Such injunction may be issued without proof of actual damage sustained by any person.
Sec. 10. NRS 449.160 is hereby amended to read as follows:
449.160 The health division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, upon any of the following grounds:
1. Violation by the applicant or the licensee of any of the provisions of NRS 449.001 to 449.245, inclusive, or of any other law of this state or of the standards, rules and regulations promulgated thereunder.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
4. Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
5. Failure of the applicant to obtain written approval from the [state comprehensive health planning advisory council] director of the department of human resources or its office of health planning and resources, as required by NRS 439A.100 [and] or as provided in [the rules of such council.] any regulation adopted pursuant to this chapter.
κ1977 Statutes of Nevada, Page 258 (CHAPTER 125, SB 194)κ
Sec. 11. NRS 449.260 is hereby amended to read as follows:
449.260 As used in NRS 449.250 to 449.430, inclusive:
1. Community mental health center means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community or communities in or near which the facility is situated.
2. Construction includes construction of new buildings, modernization, expansion, remodeling and alteration of existing buildings, and initial equipment of such buildings (including medical transportation facilities), including architects fees, but excluding the cost of offsite improvements and, except with respect to public health centers, the cost of the acquisition of the land.
3. Facility for the mentally retarded means a facility specially designed for the diagnosis, treatment, education, training or custodial care of the mentally retarded, including facilities for training specialists and sheltered workshops for the mentally retarded, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded.
4. Federal Act means [the Hospital Survey and Construction Act, as amended, being Title VI of the Public Health Service Act (] 42 U.S.C. §§ 291 [et seq.) with respect to hospitals and medical facilities, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (42 U.S.C. §§ 2661 et seq.) with respect to facilities for the mentally retarded and community mental health centers] to 291o-1 and 300k to 300t, inclusive, and any other federal law providing for or applicable to the provision of assistance for health facilities. [now or hereafter enacted.]
5. Federal agency means the federal department, agency or official designated by law, regulation or delegation of authority to administer the Federal Act.
6. Health division means the health division of the department of human resources.
7. Health facility includes hospitals, medical facilities, facilities for the mentally retarded, community mental health centers, and other facilities for the provision of diagnosis, treatment, care, rehabilitation, training or related services to [individuals] persons with physical or mental impairments, but except for facilities for the mentally retarded does not include any facility furnishing primarily domiciliary care.
8. Hospital includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities such as laboratories, outpatient departments, nurses home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.
9. Medical facility means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act, and such other medical facilities for which federal aid may be authorized under the Federal Act.
κ1977 Statutes of Nevada, Page 259 (CHAPTER 125, SB 194)κ
10. Nonprofit health facility means any health facility owned and operated by a corporation or association, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual.
11. Public health center means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers.
12. State department means the department of human resources, acting through its appropriate divisions.
Sec. 12. NRS 449.290 is hereby amended to read as follows:
449.290 [1. There is hereby established a health facilities advisory council which] The state health coordinating council shall advise and consult with the state department in carrying out the administration of NRS 449.250 to 449.430, inclusive. [The council shall consist of the state health officer ex officio, who shall serve as the director and chairman, and such even number of additional members appointed by the governor to represent nongovernmental organizations or groups, public agencies and consumers familiar with the need for the services provided by health facilities as the governor shall determine to be advisable to meet the requirements of the Federal Act and regulations promulgated thereunder.
2. Each member of the council other than the state health officer shall hold office for a term of 4 years. The terms of the members first taking office shall commence concurrently, but shall expire, as designated by the governor at the time of appointment, so that one-third more or less thereof shall expire at the end of the second year, one-third more or less thereof at the end of the third year and the remainder at the end of the fourth year, after the date on which their terms commenced.
3. No member of the council may hold office for more than two consecutive terms.]
Sec. 13. NRS 439A.050, 439A.070, 439A.080, 439A.090, 449.293, 449.295, 449.297 and 449.298 are hereby repealed.
Sec. 14. Of the members first appointed to the state health coordinating council, the governor shall appoint, as nearly as may be, one-third to hold office for 1 year, one-third to hold office for 2 years and one-third to hold office for 3 years, and thereafter each member shall hold office for 3 years.
Sec. 15. Any balance remaining in the state comprehensive health planning fund and not encumbered or committed for expenditure on the effective date of this act shall revert to the state general fund.
Sec. 16. Any regulation of the state comprehensive health planning agency which is in force on the effective date of this act shall remain in force as a regulation of the department of human resources until amended or repealed by that department.
Sec. 17. This act shall become effective upon passage and approval.
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κ1977 Statutes of Nevada, Page 260κ
Senate Bill No. 256Committee on Finance
CHAPTER 126
AN ACT making an appropriation for the satisfaction of a judgment against the State of Nevada.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the state controller the sum of $29,108 for the satisfaction of the judgment in the action entitled State of Nevada v. John A. Kallio, No. 8165, and John A. Kallio v. State of Nevada, No. 8078, December 21, 1976, as affirmed by the supreme court of the State of Nevada. The state controller may issue his warrant in the amount of not more than $29,108 payable to John A. Kallio. The attorney general shall obtain appropriate evidence of satisfaction of this judgment upon payment.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 269Senators Young and Raggio
CHAPTER 127
AN ACT relating to the Nevada archeological survey; limiting cooperation by state agencies to the extent of appropriations for that purpose; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 381.460 is hereby amended to read as follows:
381.460 1. All departments, commissions, boards and other agencies of the state and its political subdivisions shall cooperate with the survey in order to salvage or preserve historic, prehistoric or paleoenvironmental evidence located on property owned or controlled by the United States, the State of Nevada or its political subdivisions.
2. When any agency of the state or its political subdivisions is preparing or has contracted to excavate or perform work of any kind on property owned or controlled by the United States, the State of Nevada or its political subdivisions which may endanger historic, prehistoric or paleoenvironmental evidence found [by the survey to be] on the property, or when any artifact, site or other historic or prehistoric evidence is discovered in the course of such excavation or work, the agency or the contractor hired by the agency shall notify the survey and cooperate with the survey to the fullest extent practicable, within the limits of legislative appropriations to the agency for that purpose, to preserve or permit study of such evidence before its destruction, displacement or removal.
κ1977 Statutes of Nevada, Page 261 (CHAPTER 127, SB 269)κ
with the survey to the fullest extent practicable, within the limits of legislative appropriations to the agency for that purpose, to preserve or permit study of such evidence before its destruction, displacement or removal.
3. The provisions of this section shall be made known to all private contractors performing such excavation or work for any agency of the state or its political subdivisions.
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Assembly Bill No. 58Committee on Agriculture
CHAPTER 128
AN ACT relating to control over marketing of certain agricultural and other commodities; increasing certain registration, tonnage and inspection fees for pesticides, commercial fertilizers, agricultural minerals and antifreeze; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 586.270 is hereby amended to read as follows:
586.270 The registrant shall pay an annual registration fee in an amount fixed by the executive director not to exceed $20 for each pesticide registered up to [five] 10 brands and not to exceed [$10] $15 for each additional brand registered.
Sec. 2. NRS 588.170 is hereby amended to read as follows:
588.170 1. Each brand and grade of commercial fertilizer or agricultural mineral shall be registered with the state department of agriculture before being offered for sale, sold or distributed in this state.
2. The application for registration shall be submitted in duplicate to the executive director on forms furnished by him, and shall be accompanied by a registration fee in an amount to be fixed annually by the executive director, not to exceed [$10] $15 for each combined registration of brand and grade.
3. The applicant shall also deposit with the state department of agriculture an airtight container containing not less than 2 pounds of such fertilizer or agricultural mineral, with an affidavit that it is a fair sample of the fertilizer or agricultural mineral to be sold or offered for sale.
4. Upon approval by the executive director, a copy of the registration shall be furnished to the applicant.
5. All registrations expire on June 30 of each year.
Sec. 3. NRS 588.210 is hereby amended to read as follows:
588.210 1. There shall be paid to the state department of agriculture for all commercial fertilizers offered for sale, sold or distributed in this state a fee at the rate of [20] 25 cents per ton on every ton sold; but sales to manufacturers or exchanges between them are exempted.
κ1977 Statutes of Nevada, Page 262 (CHAPTER 128, AB 58)κ
state a fee at the rate of [20] 25 cents per ton on every ton sold; but sales to manufacturers or exchanges between them are exempted.
2. There shall be paid to the state department of agriculture for all agricultural minerals offered for sale, sold or distributed in this state a fee of [20] 25 cents per ton on every ton if sold in packages, or 5 cents per ton if sold in bulk; but sales to manufacturers or exchanges between them are exempt.
3. The state department of agriculture shall prepare suitable forms for reporting sales and on request shall furnish the [same] forms without cost to all persons dealing in registered brands of commercial fertilizers or agricultural minerals.
Sec. 4. NRS 590.380 is hereby amended to read as follows:
590.380 1. Before any antifreeze [shall] may be sold, exposed for sale, or held with intent to sell within this state, a sample thereof must be inspected annually by the state sealer of weights and measures.
2. Upon application of the manufacturer, packer, seller or distributor and the payment of a fee of [$25] $30 for each brand of antifreeze submitted, the state sealer of weights and measures shall inspect the antifreeze submitted. If the antifreeze is not adulterated or misbranded, if it meets the standards of the state sealer of weights and measures, and is not in violation of NRS 590.340 to 590.450, inclusive, the state sealer of weights and measures shall give the applicant a written permit authorizing the sale of such antifreeze in this state for the fiscal year in which the inspection fee is paid.
3. If the state sealer of weights and measures [shall] at a later date [find] finds that the product to be sold, exposed for sale or held with intent to sell has been materially altered or adulterated, a change has been made in the name, brand or trademark under which the antifreeze is sold, or it violates the provisions of NRS 590.340 to 590.450, inclusive, the state sealer of weights and measures shall notify the applicant and the permit shall be canceled forthwith.
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Senate Bill No. 83Committee on Judiciary
CHAPTER 129
AN ACT relating to persons convicted of crime; providing for tests for the use of controlled substances as a condition of probation or parole; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.187 is hereby amended to read as follows:
176.187 1. Upon the granting of probation to a person convicted of [any crime related to the sale, possession or use of a controlled substance, as defined in chapter 453 of NRS,] a felony or gross misdemeanor, the court may, when the circumstances warrant, require as a condition of probation that the probationer submit to periodic tests to determine whether the probationer is using any [such] controlled substance.
κ1977 Statutes of Nevada, Page 263 (CHAPTER 129, SB 83)κ
condition of probation that the probationer submit to periodic tests to determine whether the probationer is using any [such] controlled substance. Any such use or any failure or refusal to submit to a test is a ground for revocation of probation.
2. Any expense incurred as a result of any such test is a charge against the state, to be paid from the reserve for statutory contingency fund. [pursuant to the provisions of NRS 353.264.]
Sec. 2. NRS 213.123 is hereby amended to read as follows:
213.123 1. Upon the granting of parole to a prisoner, [convicted of any crime related to the sale, possession or use of a controlled substance, as defined in chapter 453 of NRS,] the board may, when the circumstances warrant, require as a condition of parole that the parolee submit to periodic tests to determine whether the parolee is using any [such] controlled substance. Any such use or any failure or refusal to submit to a test is a ground for revocation of parole.
2. Any expense incurred as a result of any [such] test is a charge against the board.
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Senate Bill No. 76Committee on Judiciary
CHAPTER 130
AN ACT relating to pardons and paroles; removing certain provisions, one which allows a prisoner in county jail to apply for parole to the state board of parole commissioners and another which denies a prisoner the privilege of earning good time credits for a period after recapture; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.130 is hereby amended to read as follows:
213.130 1. A prisoner in the state prison [or a county jail] may apply to the board for parole. Such applications shall be made on forms prescribed by the board from time to time and shall contain such data as will assist the board in determining whether parole should be granted. The secretary of the board shall furnish any prisoner an application form upon request.
2. Meetings for the purpose of considering applications for parole shall be held semiannually or [oftener,] more often, on such dates as may be fixed by the board.
3. The board of state prison commissioners shall provide suitable and convenient rooms or space for use of the board.
Sec. 2. NRS 213.160 is hereby amended to read as follows:
213.160 1. If any prisoner is paroled and leaves the state without permission from the board, he shall be deemed an escaped prisoner and arrested as such.
2. If his parole is lawfully revoked and [the prisoner] he is thereafter returned to the Nevada state prison [or county jail, he shall forfeit] , he forfeits all previously earned credits for good behavior and shall serve such part of the unexpired term of his original sentence as may be determined by the board.
κ1977 Statutes of Nevada, Page 264 (CHAPTER 130, SB 76)κ
shall serve such part of the unexpired term of his original sentence as may be determined by the board.
3. [If any prisoner escapes and is thereafter recaptured, no good time credits shall be allowed for at least 1 calendar year thereafter, and he shall serve such portion of his original sentence as may be determined by the board.
4.] The board may restore any good behavior credits forfeited under this section.
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Senate Bill No. 64Committee on Judiciary
CHAPTER 131
AN ACT relating to separate property; making a correction to require the county recorder to record an inventory of the separate property of either spouse; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 247.120 is hereby amended to read as follows:
247.120 1. Each county recorder must, upon the payment of the statutory fees for the same, record separately, in a fair hand, or typewriting, or by filing or inserting a microfilm picture or photostatic copy thereof, the following specified instruments in large, well-bound separate books, either sewed or of insertable leaves which when placed in the book cannot be removed:
(a) Deeds, grants, patents issued by the State of Nevada or by the United States, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.
(b) Certificates of marriage and marriage contracts.
(c) Wills admitted to probate.
(d) Official bonds.
(e) Notice of mechanics liens.
(f) Transcripts of judgments, which by law are made liens upon real estate in this state.
(g) Notices of attachment upon real estate.
(h) Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof.
(i) Instruments describing or relating to the separate property of married [women.] persons.
(j) Notice of preemption claims.
(k) Births and deaths.
(l) Notices and certificates of location of mining claims.
(m) Affidavits or proof of annual labor on mining claims.
(n) Certificates of sale.
κ1977 Statutes of Nevada, Page 265 (CHAPTER 131, SB 64)κ
(o) Judgments or decrees.
(p) Declarations of homesteads.
(q) Such other writings as are required or permitted by law to be recorded.
2. Each of the instruments named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.
3. Before accepting for recording any instrument enumerated in subsection 1, the county recorder may require a copy suitable for recording by photographic or photostatic methods. Where any rights might be adversely affected because of delay in recording caused by such a requirement, the county recorder shall accept the instrument conditionally subject to submission of a suitable copy at a later date. The provisions of this subsection do not apply where it is impossible or impracticable to submit a more suitable copy.
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Assembly Bill No. 379Assemblymen Barengo, Bremner, Hayes and Dini
CHAPTER 132
AN ACT relating to witnesses; limiting the extent of the husband-wife privilege; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 49.295 is hereby amended to read as follows:
49.295 [A] 1. Except as provided in subsection 2 and NRS 49.305:
(a) A husband cannot be examined as a witness for or against his wife without her consent, nor a wife for or against her husband without his consent.
(b) Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage. [, except in a:]
2. The provisions of subsection 1 do not apply to a:
[1.] (a) Civil proceeding brought by or on behalf of one spouse against the other spouse;
[2.] (b) Proceeding to commit or otherwise place his spouse, the property of his spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
[3.] (c) Proceeding brought by or on behalf of a spouse to establish his competence;
[4.] (d) Proceeding in the juvenile court pursuant to chapter 62 of NRS; or
[5.] (e) Criminal proceeding in which one spouse is charged with:
κ1977 Statutes of Nevada, Page 266 (CHAPTER 132, AB 379)κ
[(a)] (1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether such crime was committed before or during marriage.
[(b)] (2) Bigamy or incest.
[(c)] (3) A crime related to abandonment of a child or nonsupport of a wife or child.
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Assembly Bill No. 382Assemblymen Bremner, Barengo, Hayes and Dini
CHAPTER 133
AN ACT relating to crimes against property; providing a penalty for possession of certain credit cards; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 205.690 is hereby amended to read as follows:
205.690 1. Any person who steals, takes or removes a credit card from the person, possession, custody or control of another without the cardholders consent or who, with knowledge that a credit card has been so taken, removed or stolen receives the credit card with intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder [is guilty of a gross misdemeanor.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. Any person who possesses a credit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the card with intent to defraud shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
3. Any person who has in his possession or under his control two or more credit cards issued in the name or names of [two or more other] another person or persons is presumed to have obtained [such credit cards in violation of this section.] and to possess such credit cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with intent to defraud. The presumption established by this subsection does not apply to the possession of [a credit card or] two or more credit cards used in the regular course of the possessors business or employment [.] or where the possession is with the consent of the cardholder.
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κ1977 Statutes of Nevada, Page 267κ
Assembly Bill No. 15Assemblymen Wagner, Coulter, Sena, Hayes, Murphy and Brookman
CHAPTER 134
AN ACT relating to drivers licenses and schools; providing for a reduction in the drivers license fees charged persons 70 years of age and over; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every drivers license issued and service performed the following fees shall be charged:
A license issued to [persons] a person 70 years of age or older..... [$3] $2
A license issued to [all other persons] any other person....................... 5
Reinstatement of a license after suspension, revocation or cancellation 5
A duplicate license, new photograph, change of name, change of address or any combination.............................................................................................. 1
2. For every motorcycle endorsement to a drivers license a $2 fee shall be charged.
3. The increase in fees authorized by NRS 483.347 shall be paid in addition to the fees charged pursuant to subsections 1 and 2.
4. A penalty of $5 shall be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.380 unless exempt under NRS 483.380.
5. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
6. All money collected by the department shall be deposited with the state treasurer to the credit of the motor vehicle fund. The amount of the increase in fees authorized by NRS 483.347 shall be allocated to the department to defray the increased costs of license production required by that section.
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κ1977 Statutes of Nevada, Page 268κ
Assembly Bill No. 397Assemblymen Harmon, Dini and Dreyer
CHAPTER 135
AN ACT relating to vehicle licensing and registration; providing for additional credit when registration is transferred from two or more motor vehicles to a single motor vehicle; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any motor vehicle by any holder of a valid registration, or upon destruction of the motor vehicle, the registration [shall expire.] expires.
2. The holder of the original registration may transfer the registration to another vehicle to be registered by him and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second motor vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and privilege tax on the [second] motor vehicle to which registration is transferred over the total registration fee and privilege tax [on the first motor vehicle.] paid on all motor vehicles from which he is transferring his ownership or interest. Application for transfer of registration shall be made in person, if practicable, to any office or agent of the department, and the license plate or plates shall not be used upon a second vehicle until registration of such vehicle is complete. In computing the privilege tax, the department or its agent shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle. If any person transfers his ownership or interest in two or more vehicles, the department shall credit the portion of the tax paid on all such vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which registration is transferred. The certificates of registration and unused license plates of the vehicles from which a person transfers his ownership or interest shall be submitted before credit is given against the tax due on the vehicle to which registration is transferred.
3. In computing the registration fee for vehicles referred to in subsection 1 of NRS 482.206, the department or its agent shall credit the portion of the registration fee paid on [the first] each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the [second] vehicle [.] to which registration is transferred. If the amount owed on the registration fee or privilege tax on [the second] that vehicle is less than the credit on the total registration fee or privilege tax [on the first vehicle] paid on all motor vehicles from which a person transfers his ownership or interest, no refund [shall] may be allowed.
4. If the license plate or plates are not appropriate for the second motor vehicle, the plate or plates shall be surrendered to the department and an appropriate plate or plates shall be issued.
κ1977 Statutes of Nevada, Page 269 (CHAPTER 135, AB 397)κ
and an appropriate plate or plates shall be issued. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
5. If application for transfer of registration is not made within 60 days after destruction of or transfer of ownership of or interest in any motor vehicle, the license plate or plates shall be surrendered to the department on or before the 60th day for cancellation of the registration.
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Assembly Bill No. 385Assemblymen Barengo, Bremner, Hayes and Dini
CHAPTER 136
AN ACT relating to dangerous weapons, instruments and devices; prohibiting their possession, custody or control by prisoners under specified circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 212 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who is incarcerated in the state prison or any county or city jail or other correctional facility in this state, or is transferred for medical or psychiatric treatment at another institution, or is in transit to or from such facility, or is in the legal custody of any correctional officer or employee, and who possesses or has in his custody or control any:
(a) Instrument or weapon of the kind commonly known as a blackjack, slung shot, billy, sand-club, sandbag or metal knuckles;
(b) Explosive substance, including fixed ammunition, or any incendiary or explosive device;
(c) Dirk, dagger, switchblade knife or sharp instrument;
(d) Pistol, revolver or other firearm;
(e) Device capable of propelling a projectile with sufficient force to cause bodily harm, including but not limited to a pellet gun, slingshot, blow gun, cross bow or bow and arrow; or
(f) Other similar weapon, instrument or device,
shall be punished by imprisonment in the state prison for not less than 1 nor more than 6 years.
2. For the purposes of this section, incarceration begins upon assignment to a cell or other place within the correctional facility after completion of the initial booking procedure.
Sec. 2. NRS 202.350 is hereby amended to read as follows:
202.350 1. It is unlawful for any person within [the State of Nevada] this state to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, [for sale, or] offer or expose for sale, or give, lend or possess any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
κ1977 Statutes of Nevada, Page 270 (CHAPTER 136, AB 385)κ
possess any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carry concealed upon his person: [any]
(1) Any explosive substance, other than fixed ammunition; [or
(c) Carry concealed upon his person any]
(2) Any dirk, dagger or dangerous knife; or
[(d) Carry concealed on his person a]
(3) Any pistol, revolver or other firearm, or [any] other dangerous or deadly weapon.
2. [Except as provided in subsection 3,] Except as provided in section 1 of this act, any person who violates any of the provisions of subsection 1 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and [upon convection] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
3. [Any person incarcerated in the Nevada state prison, or in a city or county jail who violates any of the provisions of subsection 1 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years. Incarceration for the purpose of this subsection shall not be deemed to begin until after the initial assignment to a cell following completion of the booking procedure.
4. Nothing in subsection 1 of this section applies to or affects:] The provisions of subsection 1 do not apply to:
(a) Sheriffs, constables, marshals, peace officers, special police officers, policemen, whether active or honorably retired, other duly appointed police officers or persons having permission from the sheriff of the county as provided in subsection [5.] 4.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Members of the Armed Forces of the United States when on duty.
[5.] 4. The sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which the concealed weapon is to be carried, grant permission to the applicant, authorizing a person to carry, in this state, the concealed weapon described in the permit. No permit may be granted to any person to carry a switchblade knife.
[6.] 5. For [the] purposes of this section, [a] switchblade knife [is a knife having the appearance of a pocket knife, and includes] means a spring-blade knife, [a] snap-blade knife, or any other [similar type knife, the blade or blades] knife having the appearance of a pocket knife, any blade of which [are] is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle, or other mechanical device, or [are] is released by any type of mechanism. [whatsoever.]
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κ1977 Statutes of Nevada, Page 271κ
Senate Bill No. 75Committee on Judiciary
CHAPTER 137
AN ACT relating to community property; deleting restrictions on sale or creation of security interests in certain community property; and providing other matters properly relating thereto.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 123.230 is hereby amended to read as follows:
123.230 [1. Either] A spouse may, by written power of attorney, give to the other the complete power to sell, convey or encumber any property held as community property or either spouse, acting alone, may manage and control community property, whether acquired before or after July 1, 1975, with [a like] the same power of disposition as the acting spouse has over his separate property, except that:
[(a)] 1. Neither spouse may devise or bequeath [by will] more than one-half of the community property.
[(b)] 2. Neither spouse may make a gift of community property without the express or implied consent of the other.
[(c)] 3. Neither spouse may sell, convey or encumber the community real property [without the other spouse joining] unless both join in the execution of the deed or other instrument by which the real property is sold, conveyed or encumbered, and [such] the deed or other instrument must be acknowledged by both. [spouses.
(d)] 4. Neither spouse may purchase or contract to purchase community real property [without the other spouses joining] unless both join in the transaction of purchase or in the execution of the contract to purchase.
[(e)] 5. Neither spouse may create a security interest, other than a purchase money security interest as defined in NRS 104.9107, in, or sell, community household goods, furnishings [,] or appliances [or automobiles unless the other spouse joins] unless both join in executing the security agreement or contract of sale, if any.
[(f)] 6. Neither spouse may acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of a business where both spouses participate in its management without the consent of the other. If only one spouse participates in [such] management, he may, in the ordinary course of [such] business, acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of the business without the consent of the nonparticipating spouse.
[2. Notwithstanding the provisions of subsection 1, the husband or wife may, by written power of attorney, give to the other the complete power to sell, convey or encumber any property held as community property.]
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κ1977 Statutes of Nevada, Page 272κ
Senate Bill No. 244Senators Gojack and Blakemore
CHAPTER 138
AN ACT relating to the state flag, song and emblems; designating the ichthyosaur as the official state fossil.
[Approved April 7, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 235 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The prehistoric marine reptile known as the ichthyosaur (Ichthyosauria), now extinct, is hereby designated as the official state fossil of the State of Nevada.
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Senate Bill No. 126Committee on Commerce and Labor
CHAPTER 139
AN ACT relating to accountants; changing the composition of the Nevada state board of accountancy; increasing the membership of the board; establishing a method of appointing members to the board; and providing other matters properly relating thereto.
[Approved April 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 628.035 is hereby amended to read as follows:
628.035 [There is hereby created a board of public accountancy for the State of Nevada to be known as the Nevada state board of accountancy.] The Nevada state board of accountancy, consisting of seven members appointed by the governor, is hereby created.
Sec. 2. NRS 628.045 is hereby amended to read as follows:
628.045 1. [Except as otherwise provided in subsection 3, the board shall consist of five members appointed by the governor. Members of the board shall be citizens of the United States and residents of this state.
2. Three of the members shall hold certified public accountants certificates issued pursuant to the laws of this state, and shall be engaged in active practice as certified public accountants. Two of the members shall be registered as public accountants under NRS 628.350, and shall be engaged in active practice as public accountants.
3. Whenever the total number of practicing public accountants registered under NRS 628.350 shall be:
(a) Not more than 40 in number, the board shall be reduced to four members comprised of the three certified public accountant members and the one registered public accountant member whose term of office is last to expire.
(b) Not more than 25 in number, the board shall be reduced to the three certified public accountant members.] The governor shall appoint:
κ1977 Statutes of Nevada, Page 273 (CHAPTER 139, SB 126)κ
(a) Five members who are certified public accountants in the State of Nevada.
(b) Two members who are registered public accountants in the State of Nevada.
2. On and after April 1, 1978, the board shall consist of six members who are certified public accountants and one member who is a registered public accountant.
3. Whenever the total number of practicing public accountants registered is 10 or less, the board shall consist of six certified public accountant members and the registered public accountant member until his term of office expires. Thereafter, the board shall consist of seven members who are certified public accountants.
4. No person may be appointed to the board unless he is:
(a) Engaged in active practice as a certified public accountant or registered public accountant; and
(b) A resident of the State of Nevada.
5. If there are no public accountants who are eligible and willing to serve as members of the board, a certified public accountant may be appointed to fill a vacancy.
Sec. 3. NRS 628.055 is hereby amended to read as follows:
628.055 1. Members of the board shall hold office for a term of 3 years and until their successors are appointed and qualify.
2. The members of the board in office on April 1, [1971,] 1977, shall continue to hold their offices for the terms for which they were appointed.
3. If a vacancy occurs in the board, or a member is absent from the state for a period of 6 months without permission from the board, the governor shall appoint a person duly qualified under this chapter to fill the unexpired term.
4. No person who has served two successive complete terms [shall be] is eligible for reappointment until [after the expiration of] 1 year [.] after the expiration of those terms. Appointment to fill an unexpired term shall not be considered as a complete term.
Sec. 4. This act shall become effective upon passage and approval or on April 1, 1977, whichever is later.
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Senate Bill No. 70Committee on Judiciary
CHAPTER 140
AN ACT relating to probate procedure; providing for notice to certain parties; and providing other matters properly relating thereto.
[Approved April 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 155.010 is hereby amended to read as follows:
155.010 1. Unless otherwise provided in a specific statute relating to the kind of notice required or otherwise ordered by the court in a particular instance, every notice required by this Title shall be given by registered or certified mail, postage prepaid, at least 10 days prior to the date set for hearing or other action by the court.
κ1977 Statutes of Nevada, Page 274 (CHAPTER 140, SB 70)κ
particular instance, every notice required by this Title shall be given by registered or certified mail, postage prepaid, at least 10 days prior to the date set for hearing or other action by the court. Each such notice shall be addressed to the intended recipient at his last-known address, receipt for delivery requested.
2. Notice shall be given to each executor, administrator or trustee who is not a party to the filing and to any person who has requested notice as provided for in this chapter or who is otherwise entitled to individual notice pursuant to this Title.
3. Proof of the giving of notice [must] shall be made at the hearing; and if it appears to the satisfaction of the court that the notice has been regularly given the court shall so find in it order, and the order, when it becomes final, is conclusive upon all persons.
Sec. 2. NRS 451.300 is hereby amended to read as follows:
451.300 Petitions for confirmation of sales shall be made to the district court of the county in which such lands are situated, and the clerk of the court shall fix a day for and give notice of hearing [in accordance with the provisions of NRS 155.010.] by publication on three dates of publication prior to the hearing, and if the newspaper is published oftener than once a week there shall be at least 10 days from the first to last dates of publication (both first and last days included).
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Senate Bill No. 78Committee on Judiciary
CHAPTER 141
AN ACT relating to probation in criminal cases; deleting a provision for deferring dishonorable discharge in certain instances; and providing other matters properly relating thereto.
[Approved April 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.245 is hereby amended to read as follows:
176.245 [1.] Every defendant:
[(a)] 1. Whose probation has been revoked pursuant to NRS 176.215; or
[(b)] 2. Whose term of probation has expired, whose whereabouts are unknown, and for whose arrest a warrant has been issued,
shall be given a dishonorable discharge.
[2. Such dishonorable discharge does not release the defendant from any obligation. Under the circumstances stated in paragraph (b) of subsection 1, it shall be issued if the defendant is not arrested within 1 year after the expiration of his term of probation.]
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κ1977 Statutes of Nevada, Page 275κ
Assembly Bill No. 236Committee on Judiciary
CHAPTER 142
AN ACT relating to judicial proceedings; correcting erroneous references; and providing other matters properly relating thereto.
[Approved April 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against [individuals] natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, [provided] and subsection 3 of this section if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability shall be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, [provided] and subsection 3 of this section if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this section, in a court of [proper] competent jurisdiction [within] of this state, against the State of Nevada, any agency of the state, or any political subdivision of the state. In an action against the state or any agency of the state, the State of Nevada shall be named as defendant, and the summons and a copy of the complaint shall be served upon the secretary of state.
3. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
Sec. 2. NRS 125.320 is hereby amended to read as follows:
125.320 1. When the consent of the father, mother, guardian or district court, as required by NRS 122.020 or 122.025, has not been obtained, the marriage [shall be] is void from the time its nullity [shall be] is declared by a court of [proper] competent jurisdiction.
2. If the consent required by NRS 122.020 or 122.025 is not first obtained, [then] the marriage contracted without the consent of the father, mother, guardian or district court may be annulled upon application by or on behalf of the person who fails to obtain such consent, unless such person after reaching the age of 18 years freely cohabits for any time with the other party to the marriage as husband and wife. Any such annulment proceedings must be brought within 1 year after such person reaches the age of 18 years.
Sec. 3. NRS 608.120 is hereby amended to read as follows:
608.120 The payment of wages or compensation shall be made in lawful money of the United States or by a good and valuable negotiable check or draft drawn only to the order of the employee unless:
1. Such employee has agreed to some other disposition of his or her wages; or
κ1977 Statutes of Nevada, Page 276 (CHAPTER 142, AB 236)κ
2. The employer has been directed to make some other disposition of such employees wages by:
(a) A court of [proper] competent jurisdiction; or
(b) An agency of federal, state or local government with jurisdiction to issue such directives.
Such checks or drafts shall be payable on presentation thereof at some bank or established place of business without discount in lawful money of the United States, and not otherwise, and shall be payable at the place designated in the notice prescribed in NRS 608.080.
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Senate Bill No. 301Committee on Government Affairs
CHAPTER 143
AN ACT relating to state public works; providing for accounting for the total costs of state buildings for their entire useful life; and providing other matters properly relating thereto.
[Approved April 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board shall provide for a system of accounting for the total costs of state buildings throughout their expected useful life, taking into account all expenses of maintenance and operation.
2. Each proposal for the construction of a state building shall include figures showing the final total cost of the building, which is the sum of:
(a) Initial construction costs; and
(b) Operating costs for the expected useful life of the building, including maintenance, heating, lighting, air conditioning and other expenses of operation.
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Senate Bill No. 216Committee on Government Affairs
CHAPTER 144
AN ACT relating to municipal airports; clarifying certain provisions relating to persons who are entitled to notice; and providing other matters properly relating thereto.
[Approved April 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 496.020 is hereby amended to read as follows:
496.020 As used in this chapter, unless the text otherwise requires:
1. Air navigation facility means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanism, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
κ1977 Statutes of Nevada, Page 277 (CHAPTER 144, SB 216)κ
and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanism, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
2. Airport means any area of land or water which is used for the landing and takeoff of aircraft, and any appurtenant areas which are used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.
3. Airport hazard means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
4. Municipal means pertaining to a municipality as defined in this section.
5. Municipality means any county, city or town of this state.
6. Person means any [individual,] natural person, firm, partnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.
7. Public utility means a person who operates any airline, broadcasting, community antenna television, electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone, telegraph or water business in this state and who conducts such business for a public use.
Sec. 2. NRS 496.130 is hereby amended to read as follows:
496.130 1. A municipality which has established or acquired or which may hereafter establish or acquire an airport or air navigation facility [is authorized to] may adopt, amend and repeal such reasonable ordinances, resolutions, rules, regulations [and] or orders as it [shall deem] deems necessary for the management, government and use of such airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality.
2. For the enforcement thereof, the municipality may, by ordinance or resolution, as may by law be appropriate, appoint airport guards or police, with full police powers, and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations and orders. Penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced.
3. [No] A rule, regulation or ordinance shall not be adopted, amended or [changed] repealed under this chapter, except by action of the governing body of the municipality after a public hearing in relation thereto at which public [service corporations] utilities owning facilities in the areas involved, other parties of interest, and citizens [shall] have an opportunity to be heard. At least 15 days notice of the hearing shall:
(a) Be given to all public [service corporations] utilities owning facilities in the area involved.
(b) Be published in an official paper or a paper of general circulation in the municipality or municipalities in which the airport is located.
κ1977 Statutes of Nevada, Page 278 (CHAPTER 144, SB 216)κ
4. All ordinances, resolutions, rules, regulations or orders which are issued by the municipality shall be kept in substantial conformity with the laws of this state, or any regulations [promulgated] adopted or standards established pursuant thereto, and, as nearly as may be, with the federal laws governing aeronautics and the rules, regulations [and] or standards duly issued thereunder.
5. To the extent that an airport or other air navigation facility controlled and operated by a municipality is located outside the territorial limits of the municipality, it [shall,] is subject to federal and state laws, rules [and] or regulations, [be] under the jurisdiction and control of the municipality controlling or operating it, and no other municipality [shall have] has any authority to charge or exact a license fee or occupation tax for operations thereon.
Sec. 3. NRS 497.020 is hereby amended to read as follows:
497.020 As used in this chapter, unless the context otherwise requires:
1. Airport means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized in the interest of the public for such purposes.
2. Airport hazard means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at any airport, or is otherwise hazardous to such landing or taking off of aircraft.
3. Airport hazard area means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.
4. Person means any [individual,] natural person, firm, copartnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.
5. Political subdivision means any municipality, city, town, village or county.
6. Public utility means a person who operates any airline, broadcasting, community antenna television, electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone, telegraph or water business in this state and who conducts such business for a public use.
7. Structure means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead wires and other lines.
[7.] 8. Tree means any object of natural growth.
Sec. 4. NRS 497.080 is hereby amended to read as follows:
497.080 1. [No] An airport zoning [regulations shall] regulation shall not be adopted, amended or [changed] repealed under this chapter except by action of the joint board provided for in NRS 497.050, or the governing body of the political subdivision as provided in NRS 497.040, after a public hearing in relation thereto, at which public utilities owning facilities in the area involved, other parties in interest and citizens [shall] have an opportunity to be heard.
2. At least 15 days notice of the hearing shall be given to all public utilities [, whether publicly or privately owned,] owning facilities in the area involved, and at least 15 days notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which is located the airport hazard to be zoned.
κ1977 Statutes of Nevada, Page 279 (CHAPTER 144, SB 216)κ
area involved, and at least 15 days notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which is located the airport hazard to be zoned.
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Assembly Bill No. 298Committee on Commerce
CHAPTER 145
AN ACT relating to marriage; requiring the consent of only one parent; allowing a county clerk to require certain evidence of age; and providing other matters properly relating thereto.
[Approved April 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 122.020 is hereby amended to read as follows:
122.020 1. A male and a female person, at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage.
2. A person at least 16 years of age but less than 18 years of age may marry only if he has the consent of:
(a) Either parent [, if such person is living with both parents and the parent consenting has the written authorization of the other parent;
(b) The custodial parent, if such person is living with only one of his parents; or
(c)] ; or
(b) Such persons legal guardian.
3. Consent may be given in person or by written statement acknowledged before a notary public or other officer authorized to take acknowledgments.
Sec. 2. NRS 122.025 is hereby amended to read as follows:
122.025 1. A person less than 16 years of age may marry only if he has the consent of:
(a) [Both parents, if such person is living with both parents;
(b) The custodial parent, if such person is living with only one parent; or
(c)] Either parent; or
(b) Such persons legal guardian,
and such person also obtains authorization from a district court as provided in subsection 2.
2. In extraordinary circumstances, a district court may authorize the marriage of [persons] a person less than 16 years of age if the court finds that:
(a) The marriage will serve the best interests of such person; and
(b) Such person has the consent required by paragraphs (a) [,] or (b) [or (c)] of subsection 1.
Pregnancy alone does not establish that the best interests of such person will be served by marriage, nor may pregnancy be required by a court as a condition necessary for its authorization for the marriage of such person.
κ1977 Statutes of Nevada, Page 280 (CHAPTER 145, AB 298)κ
as a condition necessary for its authorization for the marriage of such person.
Sec. 3. NRS 122.040 is hereby amended to read as follows:
122.040 1. Before persons may be joined in marriage, a license shall be obtained for that purpose from the county clerk of any county in the state. Licenses may be obtained:
(a) At the county seat; and
(b) In counties having a population of 100,000 or more, but less than 200,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, at one place within the county in addition to the county seat if the county clerk designates such additional place.
2. [The] Before issuing a marriage license, the county clerk may [inquire of the person applying for a marriage license, upon oath or affirmation, relative to the legality of the contemplated marriage, and if the clerk is satisfied that there is no legal impediment thereto, then he shall grant the marriage license.] require evidence that the person applying for the marriage license is of age. The county clerk may also require a statement under oath by the person applying for the marriage license and the persons parent, if available, that the person is of age.
3. The county clerk, when issuing the license, shall require the person applying [therefor] to answer under oath each of the questions contained in the form of license, and, if the person applying [therefor] cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license. If any of the information required is unknown to such person or persons, he or she shall state that the answer is unknown.
4. If any of the persons intending to marry is under age and has not been previously married, the clerk shall issue the license if the consent of the parent or guardian is:
(a) Personally given before the clerk;
(b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom shall appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge the same; or
(c) In writing, subscribed to and duly acknowledged before an officer authorized by law to administer oaths.
5. All records pertaining to such licenses are public records and open to inspection pursuant to the provisions of NRS 239.010. Any county clerk who refuses to permit such inspection is guilty of a misdemeanor.
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κ1977 Statutes of Nevada, Page 281κ
Assembly Bill No. 183Assemblymen Dini and Serpa
CHAPTER 146
AN ACT relating to meat; requiring the state department of agriculture to establish a program for grading and certifying meats, prepared meats and meat products; making an appropriation; and providing other matters properly relating thereto.
[Approved April 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 583 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state department of agriculture shall establish a program for grading and certifying meats, prepared meats and meat products in conformity with federal practice.
2. The department may enter into cooperative agreements with the Agricultural Marketing Service of the United States Department of Agriculture and the college of agriculture of the University of Nevada and adopt appropriate regulations to carry out the program.
3. The department may establish fees, to be collected from slaughtering or other processing operations, for the purpose of grading and certifying meats, prepared meats and meat products.
Sec. 2. There is hereby appropriated from the state general fund to the state department of agriculture for the purpose of establishing a program for grading and certifying meats, prepared meats and meat products:
1. The sum of $2,170 for the fiscal year ending June 30, 1977.
2. The sum of $10,206 for the fiscal year beginning July 1, 1977, and ending June 30, 1978.
3. The sum of $10,957 for the fiscal year beginning July 1, 1978, and ending June 30, 1979.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 75Committee on Labor and Management
CHAPTER 147
AN ACT relating to apprenticeships; deleting age limitations for apprentices; requiring the state apprenticeship council to meet periodically; modifying the powers of the state director of apprenticeship; changing responsibility for the selection and training of teachers and supplemental instruction for apprentices; requiring apprenticeship committees to notify the state apprenticeship council of the termination of an apprentices indenture; and providing other matters properly relating thereto.
[Approved April 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 610.010 is hereby amended to read as follows:
610.010 As used in this chapter, apprentice means a person [at least 16 years of age and preferably under 21 years of age] who is covered by a written agreement with an employer, or with an association of employers or an organization of employees acting as agent for an employer, which apprenticeship agreement:
κ1977 Statutes of Nevada, Page 282 (CHAPTER 147, AB 75)κ
covered by a written agreement with an employer, or with an association of employers or an organization of employees acting as agent for an employer, which apprenticeship agreement:
1. Is approved by the state apprenticeship council.
2. Provides for not less than 4,000 hours of reasonably continuous employment for such person.
3. Provides for his participation in an approved schedule of work experience through employment and for at least 144 hours per year of related supplemental instruction.
Sec. 2. NRS 610.020 is hereby amended to read as follows:
610.020 The purposes of this chapter are:
1. To open to young people, without regard to race, color, creed, sex, physical or visual handicap or national origin, the opportunity to obtain training that will equip them for profitable employment and citizenship.
2. To set up, as a means to this end, a program of voluntary apprenticeship under approved apprentice agreements providing facilities for their training and guidance in the arts and crafts of industry and trade, with [parallel] instruction in related and supplementary education.
3. To promote employment opportunities for young people, without regard to race, color, creed, sex, physical or visual handicap or national origin, under conditions providing adequate training and reasonable earnings.
4. To regulate the supply of skilled workers to employment demands.
5. To establish standards for apprentice training.
6. To establish a state apprenticeship council and local joint apprenticeship committees to assist in effectuating the purposes of this chapter.
7. To provide for a state director of apprenticeship.
8. To provide for reports to the legislature and to the public regarding the status of apprentice training in the state.
9. To establish a procedure for the determination of apprentice agreement controversies.
10. To accomplish related ends.
Sec. 3. NRS 610.070 is hereby amended to read as follows:
610.070 The state apprenticeship council shall meet [at the call of its chairman or upon a written request signed by three members.] at least once in each calendar quarter and may meet at other times at the call of a majority of its members.
Sec. 4. NRS 610.120 is hereby amended to read as follows:
610.120 1. The state director of apprenticeship [is authorized:] may:
(a) [With the advice and guidance of the state apprenticeship council, to administer the provisions of this chapter.] Administer the provisions of this chapter with the advice and guidance of the state apprenticeship council.
(b) In cooperation with the state apprenticeship council and local or state joint apprenticeship committees, [to] set up conditions and training standards for apprentice agreements, which conditions or standards shall in no case be [lower] less stringent than those prescribed by this chapter.
κ1977 Statutes of Nevada, Page 283 (CHAPTER 147, AB 75)κ
(c) [To approve] Approve any apprentice agreement which meets the standards established under this chapter and [to] terminate or cancel any apprentice agreement in accordance with the provisions of such agreement.
(d) [To keep] Keep a record of apprentice agreements and their dispositions.
(e) [To notify local joint apprenticeship committees of completion of apprenticeships.] Issue certificates of completion of apprenticeship at the request of the local joint apprenticeship committee.
(f) [To perform] Perform such other duties as are necessary to carry out the intent of this chapter.
2. The administration and supervision of related and supplemental instruction for apprentices, coordination of instruction with job experiences, and the selection and training of teachers and coordinators for such instruction [shall be] is the responsibility of [state and local boards responsible for vocational education.] the local joint apprenticeship committees.
Sec. 5. NRS 610.140 is hereby amended to read as follows:
610.140 1. [The functions of a] A local or state apprenticeship committee shall: [be:
(a) To cooperate with school authorities in regard to the education of apprentices.
(b)] (a) In accordance with standards set up by the state apprenticeship council, [to] work in an advisory capacity with employers and employees in matters regarding schedules of operations, application of wage rates, and working conditions for apprentices, which conditions shall specify the number of apprentices which may be employed locally in the trade under apprentice agreements entered into under this chapter.
[(c) To adjust] (b) Adjust apprenticeship disputes not otherwise provided for in bona fide collective bargaining agreements.
(c) Within 10 days after the termination of the indenture of any apprentice, submit to the state apprenticeship council a written notice which includes the name of the apprentice and the reason for his termination.
(d) [To keep] Keep the state apprenticeship council informed of all actions.
2. The activities of local or state joint apprenticeship committees [shall be,] are, at all times, subject to appeal to the state apprenticeship council.
Sec. 6. NRS 610.150 is hereby amended to read as follows:
610.150 Every apprentice agreement or indenture entered into under this chapter shall contain:
1. The names of the contracting parties.
2. The date of birth of the apprentice.
3. A statement of the trade, craft or business which the apprentice is to be taught, and the time at which the apprenticeship will begin and end.
4. A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction [shall be not] may not be less than 144 hours per year; but in no case [shall] may the combined weekly hours of work and of required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by law for a person of the age [and sex] of the apprentice.
κ1977 Statutes of Nevada, Page 284 (CHAPTER 147, AB 75)κ
less than 144 hours per year; but in no case [shall] may the combined weekly hours of work and of required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by law for a person of the age [and sex] of the apprentice.
5. A statement setting forth a schedule of the processes in the trade or industry division in which the apprentice is to be taught and the approximate time to be spent at each process.
6. A statement of the graduated scale of wages to be paid the apprentice and whether compensation [shall] is to be paid for the required school time.
7. A statement providing for a period of probation of not more than 500 hours of employment and instruction extending over not more than 6 months, during which time any apprentice indenture shall be terminated by the local joint apprenticeship committee at the request, in writing, of either party to the indenture, and providing that after such probationary period the apprentice indenture may be terminated after due hearing of the case by the local joint apprenticeship committee subject to appeal to the state apprenticeship council.
8. A statement that [no] an apprentice shall not be discriminated against with respect to hire, advancement, compensation or other terms, conditions or privileges of employment because of race, color, creed, sex, physical or visual handicap or national origin.
9. A provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally shall be submitted to the state apprenticeship council for determination as provided in NRS 610.180.
10. [A provision that an employer who is unable to fulfill his obligation under the apprentice agreement may, with the approval of the local joint apprenticeship committee, transfer such contract to any other employer; provided:
(a) That the apprentice consents and that such other employer agrees to assume the obligations of the apprentice agreement; and
(b) That the local joint apprenticeship committee shall notify the state apprenticeship council of such action.
11.] Such additional terms and conditions as may be prescribed or approved by the state apprenticeship council not inconsistent with the provisions of this chapter.
Sec. 7. NRS 610.180 is hereby amended to read as follows:
610.180 1. Upon the complaint of any interested person or upon its own initiative, the state apprenticeship council may investigate to determine if there has been a violation of the terms of an apprentice agreement made under this chapter. The state apprenticeship council may hold hearings, inquiries and other proceedings necessary to such investigations and determinations. The parties to such agreement shall be given a fair and impartial hearing, after reasonable notice. [thereof.] A copy of the determination or decision of each such hearing shall be filed with the labor commissioner, and if no appeal therefrom is filed with the labor commissioner within 10 days after the date thereof such determination or decision [shall become] becomes the order of the labor commissioner.
2. Any person aggrieved by any determination or action of the state apprenticeship council may appeal to the labor commissioner, whose decision, when supported by evidence, [shall be] is conclusive if notice of appeal therefrom to the courts is not filed within 30 days after the date of the order or decision of the labor commissioner.
κ1977 Statutes of Nevada, Page 285 (CHAPTER 147, AB 75)κ
apprenticeship council may appeal to the labor commissioner, whose decision, when supported by evidence, [shall be] is conclusive if notice of appeal therefrom to the courts is not filed within 30 days after the date of the order or decision of the labor commissioner.
3. [No person shall] A person shall not institute any action for the enforcement of any apprentice agreement or any action for damages for the breach of any apprentice agreement made under this chapter unless he first [shall have exhausted] exhausts all administrative remedies provided by this [section.] chapter.
Sec. 8. NRS 610.185 is hereby amended to read as follows:
610.185 The state apprenticeship council shall suspend for 1 year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in the apprenticeship program under the provisions of this chapter if the Nevada equal rights commission, after notice and hearing, finds that such employer, association or organization has discriminated against an apprentice because of race, color, creed, sex, physical or visual handicap or national origin in violation of [subsection 8 of NRS 610.150.] this chapter.
Sec. 9. NRS 610.130 is hereby repealed.
Sec. 10. Section 8 of this act shall become effective at 12:01 a.m. on July 1, 1977.
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Assembly Bill No. 138Assemblymen Hayes, Schofield, Sena, Craddock, Dreyer, Ross, Coulter, Harmon, Polish, Barengo, Hickey, Price, Robinson, Horn, Wagner, Brookman, Murphy, Dini and Gomes
CHAPTER 148
AN ACT relating to parole and probation; reducing the number of members on the state board of parole commissioners; placing the members in full-time positions in the unclassified service of the state; separating the board from the department of parole and probation; and providing other matters properly relating thereto.
[Approved April 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive:
1. Board means the state board of parole commissioners.
2. Department means the department of parole and probation.
3. Executive officer means the chief parole and probation officer. [, who is the executive officer of the department.]
Sec. 2. NRS 213.1071 is hereby amended to read as follows:
213.1071 1. There is hereby created the department of parole and probation.
2. The department [shall consist] consists of the executive officer and such divisions or sections as the executive officer may create with the approval of the [board.] governor.
κ1977 Statutes of Nevada, Page 286 (CHAPTER 148, AB 138)κ
3. The executive officer of the department [shall be] is the chief parole and probation officer. [appointed in accordance with NRS 213.1092.]
Sec. 3. NRS 213.1072 is hereby amended to read as follows:
213.1072 The executive officer [, subject to the administrative supervision of the board,] shall:
1. Administer all activities and services of the department. [in accordance with the policies, standards, rules and regulations established by the board.]
2. Be responsible for the management of the department.
Sec. 4. NRS 213.1073 is hereby amended to read as follows:
213.1073 The executive officer [, with the approval of the board,] may:
1. Organize the department to provide maximum efficiency in carrying out its duties.
2. Appoint the heads of divisions or sections as established.
3. Appoint such assistants and other employees as may be required to administer the duties imposed by law upon the board and the department within the limits of appropriations.
4. Set standards of service.
Sec. 5. NRS 213.108 is hereby amended to read as follows:
213.108 1. The state board of parole commissioners is hereby created.
2. The board [shall consist of five persons to be] consists of three members appointed by the governor.
3. A chairman of the board shall be [elected by the members thereof.] appointed by the governor.
Sec. 6. NRS 213.109 is hereby amended to read as follows:
213.109 1. [The] After the initial terms, the term of officer of each member of the board [shall be] is 4 years. [, except as provided in subsections 2 and 3.]
2. [Immediately after July 1, 1957, the governor shall appoint:
(a) Two members for terms expiring on the 1st Monday in January 1959; and
(b) Two members for terms expiring on the 1st Monday in January 1961.
3. Immediately after April 6, 1959, the governor shall appoint one member for a term expiring on the 1st Monday in January 1963.
4.] Appointments to the board shall be made by the governor within 60 days from the time any vacancy occurs.
3. Members of the board are in the unclassified service of the state. They shall devote their entire time and attention to the business of the board and shall not pursue any other business or occupation or hold any other office of profit which detracts from the full and timely performance of their duties.
[5.] 4. Any member of the board [shall have authority to] may administer an oath or affirmation to any person offering to testify upon the hearing of an application for parole or in a parole revocation hearing, and any district judge, county clerk or notary public may take and certify [affidavits and depositions] an affidavit or deposition to be used upon such [applications,] an application, either for or against [the same,] it, or in a parole revocation hearing.
κ1977 Statutes of Nevada, Page 287 (CHAPTER 148, AB 138)κ
such [applications,] an application, either for or against [the same,] it, or in a parole revocation hearing.
[6.] 5. The members [shall be] of the board are entitled to receive the [sum of $40 for each days attendance at meetings of the board; and all members shall receive the per diem expense allowance] subsistence allowances and travel expenses as fixed by law.
Sec. 7. NRS 213.1091 is hereby amended to read as follows:
213.1091 1. The [board] department may accept:
(a) Advisory services, funds, equipment and supplies made available by any Act of Congress for any program administered by the department or any of its divisions.
(b) Funds and contributions made available by a county, a city or any other political subdivision of this state for any program administered by the department or any of its divisions.
(c) Funds, contributions, gifts, grants, bequests and services made available by a public or private corporation, a partnership, an association or individuals for any program administered by the department or any of its divisions.
2. The [board] department may enter into such contracts and agreements with the United States of America or any of its agencies as may be necessary, proper and convenient.
Sec. 8. NRS 213.1092 is hereby amended to read as follows:
213.1092 1. The [board] governor shall appoint [a] the chief parole and probation officer, who shall be in the unclassified service of the state.
2. The chief parole and probation officer shall:
(a) Be selected on the basis of his training, experience, capacity and interest in correctional services.
(b) Have had at least 5 years experience in correctional programs, of which at least 3 years [shall have been] were in a responsible administrative position.
3. The [board shall supervise the activities of the chief parole and probation officer.
4. The board shall provide suitable office quarters, supplies and equipment in order to maintain the] principal office of the chief parole and probation officer [, which] shall be in Carson City, Nevada.
Sec. 9. NRS 213.1094 is hereby amended to read as follows:
213.1094 1. The chief parole and probation officer shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.
2. Assistant parole and probation officers [, the executive secretary] and employees of the board (except as provided in subsection 3 of NRS 284.140) shall be in the classified service of the state and shall receive such salaries as are fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
3. The chief parole and probation officer, assistant parole and probation officers, the executive secretary and employees of the board shall receive the per diem expense allowances and travel expenses as fixed by law.
4. The compensation, salaries and expenses of the [chief parole and probation officer, assistant parole and probation officers, the] executive secretary and employees of the board shall be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
κ1977 Statutes of Nevada, Page 288 (CHAPTER 148, AB 138)κ
probation officer, assistant parole and probation officers, the] executive secretary and employees of the board shall be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
5. The chief parole and probation officer shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 10. NRS 213.1095 is hereby amended to read as follows:
213.1095 The chief parole and probation officer shall:
1. Be responsible for and supervise the fiscal affairs and responsibilities of the department.
2. Present, in conjunction with the budget division of the department of administration, the biennial budget of the department to the legislature.
3. Establish, consolidate and abolish sections within the department.
4. Establish, consolidate and abolish districts within the state to which assistant parole and probation officers are assigned.
5. Appoint, in accordance with the provisions of chapter 284 of NRS, the necessary supervisory personnel and other assistants and employees as may be necessary for the efficient discharge of the responsibilities of the department.
6. Be responsible for such reports of investigation and supervision and other reports as may be requested by the board or courts.
7. Direct the work of all assistants and employees as may be assigned to him.
8. Formulate methods of investigation, supervision, record keeping and reporting.
9. Develop policies of parole and probation work, including the work release program, in the light of other acceptable and recognized correctional programs and conduct training courses for the staff.
10. Furnish or cause to be furnished to each person released under his supervision a written statement of the conditions of parole or probation, instruct or cause to be instructed any parolee or probationer regarding the same, and advise or cause to be advised the board or the court of any violation of the conditions of parole and probation.
11. At the close of each biennium, submit to the governor and the board a report, with statistical and other data, of his work.
12. Perform such other duties as [the board may prescribe.] are prescribed by law.
Sec. 11. NRS 213.1096 is hereby amended to read as follows:
213.1096 Assistant parole and probation officers shall:
1. Investigate all cases referred to them for investigation by the board or by the chief parole and probation officer, or by any court in which they are authorized to serve.
2. Supervise all persons released on probation by any such court or released to them for supervision by the board or by the chief parole and probation officer.
3. Furnish to each person released under their supervision a written statement of the conditions of parole or probation and [shall] instruct him regarding [the same.] those conditions.
4. Keep informed concerning the conduct and condition of all persons under their supervision and [shall] use all suitable methods to aid and encourage them and to bring about improvement in their conduct and conditions.
κ1977 Statutes of Nevada, Page 289 (CHAPTER 148, AB 138)κ
and encourage them and to bring about improvement in their conduct and conditions.
5. Keep detailed records of their work.
6. Collect and disburse all [moneys] money in accordance with the orders of the [board] chief parole and probation officer or the court.
7. Keep accurate and complete accounts of all [moneys] money received and disbursed in accordance with such orders and give receipts therefor.
8. Make such reports in writing as the court or [the board or] the chief parole and probation officer may require.
9. Coordinate their work with that of other social agencies.
10. File identifying information regarding their cases with any social service index or exchange operating in the area to which they are assigned.
Sec. 12. NRS 176.185 is hereby amended to read as follows:
176.185 1. Whenever any person has been found guilty in a district court of the State of Nevada of a crime upon verdict or plea, the court, except in cases of capital murder or murder on the first or second degree, kidnaping, forcible rape, or an offense for which the suspension of sentence or the granting of probation is expressly forbidden, may by its order suspend the execution of the sentence imposed and grant such probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of the infamous crime against nature, of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.190, 201.210, 201.220 or 201.230, is received by the court.
2. The district judge shall not grant probation until a written report is received by him from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
3. In issuing the order granting probation, the court may fix the terms and conditions thereof, including a requirement for restitution as provided in NRS 176.189; but in imposing sentence the court may fix the definite term of imprisonment within the minimum and maximum periods fixed by law, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve such sentence.
4. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of [the board and of] the chief parole and probation officer.
5. The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.245, inclusive, direct the clerk of such court to certify a copy of the records in the case and deliver the same to the chief parole and probation officer.
Sec. 13. NRS 334.010 is hereby amended to read as follows:
334.010 1. Except as otherwise provided in this subsection, and in subsections 2 and 3, and except for automobiles to be used as ambulances, any automobile purchase by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed $5,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
κ1977 Statutes of Nevada, Page 290 (CHAPTER 148, AB 138)κ
department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed $5,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in. The state board of examiners, however, may approve the purchase of an automobile costing more than $5,000 if the purpose of the automobile is to carry seven or more passengers or if it is a multipurpose automobile.
2. Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed $9,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
3. Any automobile purchased for use as a highway patrol vehicle shall cost a sum of money not to exceed $6,000 as the entire purchase price thereof, whether to be paid for entirely in money or in part by exchange of another automobile traded in.
4. No automobile may be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.
5. All such automobiles shall be used for official purposes only.
6. All such automobiles, except automobiles maintained for and used by the governor or by or under the authority and direction of the [state board of parole commissioners,] chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance and investigators of the state gaming control board and the attorney general, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center, shall be labeled by painting the words State of Nevada and For Official Use Only thereon in plain lettering. The director of the department of general services or his representative shall prescribe the size and location of the label for all such automobiles.
7. Any officer or employee of the State of Nevada who violates any provision of this section is guilty of a misdemeanor.
Sec. 14. NRS 482.368 is hereby amended to read as follows:
482.368 1. Except as provided in subsection 2, the department shall provide suitable distinguishing plates for exempt vehicles. Such plates shall be provided at cost and shall be displayed on such vehicles in the same manner as provided for privately owned vehicles.
2. License plates furnished for:
(a) Such automobiles as are maintained for and used by the governor or under the authority and direction of the [state board of parole commissioners,] chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance and any authorized federal or out-of-state law enforcement agency;
(b) One automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center; and
(c) Automobiles maintained for and used by investigators of the following:
κ1977 Statutes of Nevada, Page 291 (CHAPTER 148, AB 138)κ
(1) The state gaming control board;
(2) The division of brand inspection of the state department of agriculture;
(3) The attorney general;
(4) Duly appointed city or county juvenile officers;
(5) District attorney offices;
(6) Sheriff offices; and
(7) Police departments in the state,
shall not bear any distinguishing mark which would serve to identify such automobiles as owned by the state, county or city. Notwithstanding the provisions of subsection 1, such license plates shall be issued annually for $5.50 per set.
3. Applications for such licenses shall be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling such vehicles, and no plate or plates [shall] may be issued until a certificate [shall have] has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except such automobiles as are enumerated in subsection 2.
4. For the purposes of this section, exempt vehicle means a vehicle owned by the State of Nevada or any of its political subdivisions.
Sec. 15. Section 12 of chapter 47, Statutes of Nevada 1977, being Senate Bill 114 of the 59th session of the legislature, is hereby amended to read as follows:
Sec. 12. 1. The state board of parole commissioners, through the chief parole and probation officer shall establish and administer a work release program under which a person sentenced to a term of imprisonment in a penal or correctional institution may be granted the privilege of leaving secure custody during necessary and reasonable hours to:
(a) Work in this state at gainful private employment that has been approved by the state board of parole commissioners for such purpose.
(b) Obtain in this state additional education, including but not limited to vocational, technical and general education.
2. The work release program may also include, under rules developed by the chief parole and probation officer and approved by the state board of parole commissioners, temporary leave for the purpose of seeking employment in this state.
3. The [state board of parole commissioners] chief parole and probation officer is responsible for the quartering and supervision of prisoners enrolled in the work release program.
Sec. 16. Section 14 of chapter 47, Statutes of Nevada 1977, being Senate Bill 114 of the 59th session of the legislature, is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 292 (CHAPTER 148, AB 138)κ
Sec. 14. 1. The chief parole and probation officer shall administer the work release program. [In addition to the other duties assigned by the state board of parole commissioners, the] The chief parole and probation officer shall:
(a) Locate employment for qualified applicants;
(b) Effect placement of prisoners under the work release program; and
(c) Generally promote public understanding and acceptance of the work release program.
2. All state agencies shall cooperate with the [state board of parole commissioners] chief parole probation officer in carrying out this section to such extent as is consistent with their other lawful duties.
3. [Subject to the approval of the state board of parole commissioner, the] The chief parole and probation officer shall adopt rules for [the] administering [of] the work release program.
Sec. 17. Section 16 of chapter 47, Statutes of Nevada 1977, being Senate Bill 114 of the 59th session of the legislature, is hereby amended to read as follows:
Sec. 16. 1. The [state board of parole commissioners through the] chief parole and probation officer may contract with the government bodies of political subdivisions in this state for quartering in suitable local facilities of prisoners enrolled in work release programs. Each such facility must satisfy standards established by the state board of parole commissioners to assure secure custody of prisoners quartered therein.
2. The [state board of parole commissioners] chief parole and probation officer may not enroll any prisoner in the work release program unless it has been determined that suitable facilities for quartering the prisoner are available in the locality where the prisoner has employment or the offer of employment.
Sec. 18. The term of each person holding office as a member of the state board of parole commissioners on June 30, 1977, expires on that date. The governor shall appoint:
1. Two members to terms which will expire June 30, 1981; and
2. One member to a term which will expire June 30, 1979,
and thereafter the term of office of every member shall be 4 years.
Sec. 19. Sections 13, 15, 16 and 17 of this act shall become effective at 12:01 a.m. on July 1, 1977.
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κ1977 Statutes of Nevada, Page 293κ
Senate Bill No. 73Committee on Judiciary
CHAPTER 149
AN ACT relating to actions for personal injuries; repealing the statutes which, in certain circumstances, bar such actions against the owners or operators of land vehicles or aircraft for injury to or death of guest passengers; and providing other matters properly relating thereto.
[Approved April 8, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41.180 is hereby repealed.
Sec. 2. NRS 41.190 is hereby repealed.
Sec. 3. Section 1 of this act shall become effective upon passage and approval.
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Senate Bill No. 207Senator Raggio
CHAPTER 150
AN ACT relating to juries; providing for the protection of a jurors employment following his term of service; providing for notice to an employer; providing penalties for violations; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 6 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person, corporation, partnership, association or other entity who is:
(a) An employer; or
(b) The employee, agent or officer of an employer, vested with the power to terminate or recommend termination of employment,
of a person who is a juror or who has received a summons to appear for jury duty, and who deprives the juror or person summoned of his employment, as a consequence of his service as a juror or prospective juror, or who asserts to such juror or person summoned that his service as a juror or prospective juror will result in termination of his employment, is guilty of a misdemeanor.
2. A person discharged from employment in violation of subsection 1 may commence a civil action against his employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority or benefits;
(c) Damages equal to the amount of the lost wages and benefits; and
(d) Reasonable attorneys fees fixed by the court.
κ1977 Statutes of Nevada, Page 294 (CHAPTER 150, SB 207)κ
3. Each summons to appear for jury duty shall be accompanied by a notice to the employer of the person summoned. The notice shall inform the employer that the person has been summoned for jury duty and shall include a copy of the provisions of subsections 1 and 2 of this section. The person summoned, if he is employed, shall give the notice to his employer at least 1 day before he is to appear for jury duty.
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Senate Bill No. 210Senator Raggio
CHAPTER 151
AN ACT relating to juries; expanding grounds and providing a procedure for excusing jurors; making failure to show cause for nonattendance as a juror a contempt of court; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 6.030 is hereby amended to read as follows:
6.030 1. The court may [, in its discretion] at any time temporarily excuse [temporarily] any juror on account of: [sickness or physical disability, or serious illness or death of a member of his immediate family.]
(a) Sickness or physical disability.
(b) Serious illness or death of a member of his immediate family.
(c) Undue hardship or extreme inconvenience.
(d) Public necessity.
A person temporarily excused shall appear for jury service as the court may direct.
2. The court shall permanently excuse any person from service as a juror if he is incapable, by reason of a permanent physical or mental disability, of rendering satisfactory service as a juror. The court may require the prospective juror to submit a physicians certificate concerning the nature and extent of the disability and the certifying physician may be required to testify concerning the disability when the court so directs.
Sec. 2. NRS 6.040 is hereby amended to read as follows:
6.040 Any person summoned as provided in this chapter to serve as a juror, who [shall fail] fails to attend and serve as [such] a juror, shall, unless excused by the court, be ordered by the court to appear and show cause for his failure to attend and serve as a juror. If he fails to show cause, he is in contempt and shall be fined not more than $500.
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κ1977 Statutes of Nevada, Page 295κ
Senate Bill No. 262Senator Raggio
CHAPTER 152
AN ACT relating to juries; allowing additional peremptory challenges in certain cases; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 16.040 is hereby amended to read as follows:
16.040 1. Either party may challenge the jurors. [; but when there are several parties on either side, they shall join in a challenge before it can be made, unless the court otherwise order or direct.] The challenges shall be to individual jurors and shall either be peremptory or for cause. Each party [shall be] is entitled to four peremptory challenges.
2. If there are two or more parties on any side and their interests are diverse, the court may allow additional peremptory challenges, but not more than four, to the side with the multiple parties. If the multiple parties on a side are unable to agree upon the allocation of their additional peremptory challenges, the allocation shall be made by the court.
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Assembly Bill No. 345Committee on Commerce
CHAPTER 153
AN ACT relating to insurance; providing for yearly payments of unclaimed insurance funds into the general fund of the state; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 697A.090 is hereby amended to read as follows:
697A.090 [Upon receipt of any unclaimed funds from life insurers by the commissioner, he shall pay forthwith three-fourths of the amount thereof into the general fund of the state for the use of the state.] The commissioner shall pay into the general fund of the state on July 1 three-fourths of the unclaimed funds received from life insurers during the preceding fiscal year. The remaining one-fourth shall be administered by him as a special trust fund for the purposes of this chapter, and deposited in the manner provided by law for the deposit of such funds At the end of each calendar year, any unclaimed funds which have been a part of such special trust fund for a period of 7 years or more shall be paid into the general fund of the state for the use of the state, but the special trust fund shall never be so reduced to less than $1,000.
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κ1977 Statutes of Nevada, Page 296κ
Senate Bill No. 206Senator Raggio
CHAPTER 154
AN ACT relating to rates of interest; increasing the rate of interest for claims against estates; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 147.220 is hereby amended to read as follows:
147.220 All claims paid shall bear interest from date of filing [and] at the rate of [3] 7 percent per annum unless a different rate is applicable by contract or otherwise. [applicable thereto.]
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Senate Bill No. 270Committee on Finance
CHAPTER 155
AN ACT making appropriations for the establishment of automated photocomposition and text processing systems; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Subject to the restrictions provided in section 3 of this act, there is hereby appropriated from the state general fund to the state printing and records division of the department of general services the sum of $434,000 for the purpose of establishing an automated composition system.
Sec. 2. There is hereby appropriated from the state general fund to the legislative commission the sum of $500,000 for the purpose of establishing an automated text processing system, including the creation of the data base.
Sec. 3. To assure the compatibility of the systems to be established pursuant to sections 1 and 2 of this act, the superintendent of the state printing and records division of the department of general services shall not expend any amount out of the money appropriated by section 1 of this act until the legislative commission has approved the equipment or program to be acquired by the expenditure of that amount.
Sec. 4. After June 30, 1979, the unencumbered balance of the appropriations made in sections 1 and 2 of this act shall not be encumbered and shall revert to the state general fund.
Sec. 5. This act shall become effective upon passage and approval.
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κ1977 Statutes of Nevada, Page 297κ
Senate Bill No. 53Senators Blakemore and Raggio
CHAPTER 156
AN ACT relating to juvenile traffic violators; providing for peace officers to issue citations in lieu of making arrests under the same criteria as apply to adult violators; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 62.170 is hereby amended to read as follows:
62.170 1. [Any] Except as provided in subsection 6, any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose surroundings are such as to endanger his welfare. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child shall be released to the custody of his parent or other responsible adult upon the written agreement signed by such person to bring the child to the court at a stated time or at such time as the court may direct. The written agreement shall be submitted to the court as soon as possible. If such person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
2. If the child is not released, as provided in subsection 1, the child shall be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention shall be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as shall be designated by the court, subject to further order.
3. Except as provided otherwise in this section [no] a child under 18 years of age shall not at any time be confined or detained in any police station, lockup, jail or prison, or detained in any place where the child can come into communication with any adult convicted of crime or under arrest and charged with crime; except that where no other detention facility has been designated by the court, until the judge or probation officer can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein. Whenever it is possible to do so, special efforts shall be made to keep children who are neglected or in need of supervision apart from children charged with delinquent acts.
4. A child who is taken into custody and detained shall, upon application, be given a detention hearing, conducted by the judge or master, within 24 hours after such child submits an application, excluding Saturdays, Sundays and holidays.
κ1977 Statutes of Nevada, Page 298 (CHAPTER 156, SB 53)κ
Saturdays, Sundays and holidays. A child shall not be released after a detention hearing without the written consent of the judge or master.
5. The official in charge of any detention home may by written order direct the transfer to the county jail of a child placed in the detention home. The child shall not be detained in the county jail for more than 24 hours unless a district judge orders him so detained for a longer period. Such an order may be made by the judge without notice to the child or anyone on his behalf. Any child under 18 years of age who is held in the county jail pursuant to the provisions of this subsection shall, where possible, be placed in a cell separate from adults.
6. Whenever any child is halted by a peace officer for any violation of a traffic law or ordinance which is punishable as a misdemeanor, the peace officer may prepare and issue a written traffic citation under the same criteria as would apply to an adult violator. If the child gives his written promise to appear in court by signing the citation, the officer shall deliver a copy of the citation to the child and shall not take him into physical custody for the violation.
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Senate Bill No. 178Committee on Finance
CHAPTER 157
AN ACT relating to data processing; changing the method of repaying the cost of the state computer; making an appropriation and authorization for the acquisition of additional equipment; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 242.360 is hereby amended to read as follows:
242.360 [Commencing July 1, 1974, and continuing until the purchase cost of $2,263,000 for the computer at the computer facility has been paid, the commission shall pay annually to the state treasurer for deposit in the general fund in the state treasury 5 percent of the computer acquisition cost.]
1. The commission shall repay in annual installments to the state treasurer for deposit in the state general fund the cost of acquiring a computer and an attached processor and associated equipment at the computer facility.
2. Each installment shall be equal to the annual depreciation charge for:
(a) The computer at the computer facility, and the charge shall be not less than $159,120.
(b) The attached processor and associated equipment at the computer facility, and the charge shall be not less than $25,776.
3. The depreciation charge shall be calculated using the original cost of the computer or the attached processor and associated equipment less any prior payments to the state general fund or the computer acquisition sinking fund.
κ1977 Statutes of Nevada, Page 299 (CHAPTER 157, SB 178)κ
any prior payments to the state general fund or the computer acquisition sinking fund.
Sec. 2. NRS 242.370 is hereby amended to read as follows:
242.370 1. There is hereby created a computer acquisition sinking fund. [in the state treasury.] The purpose of [such] the fund is to provide moneys for the future acquisition of computer equipment to replace the state-owned computer equipment at the end of the useful life of that equipment.
2. [The manager of the computer facility shall pay monthly to the state treasurer for deposit in the computer acquisition sinking fund such amounts as are determined by the data processing commission to be sufficient to acquire replacement computer equipment at such time as such equipment is required.
3. Moneys in the computer acquisition sinking fund shall be invested by the state treasurer at such times as the state treasurer makes general fund investments. At the end of the fiscal year, the state treasurer shall transfer from the general fund to the computer acquisition sinking fund an amount of money representing the interest on the sinking fund moneys at the average rate of interest realized by the state treasurer on general fund investments.
4. No moneys shall be disbursed from the computer acquisition sinking fund for the purpose of acquiring computer equipment unless first there is recommendation by the board of examiners to the interim finance committee for the acquisition of such equipment and approval for such disbursement by the interim finance committee.] Money in the computer acquisition sinking fund shall be expended as provided by special law.
Sec. 3. The data processing commission may expend from the computer acquisition sinking fund the sum of $257,569 for the purpose of purchasing or leasing an attached processor and necessary associated equipment for the computer facility.
Sec. 4. 1. There is hereby appropriated from the state general fund to the data processing commission the sum of $212,275 to be used with the money authorized to be expended by section 3 of this act for the purchase of an attached processor and necessary associated equipment for the computer facility.
2. After June 30, 1979, the unencumbered balance of the appropriation made in subsection 1 of this section shall not be encumbered and shall revert to the state general fund.
Sec. 5. The money authorized to be expended by section 3 of this act shall be expended before the money appropriated by section 4 of this act, and any money which later becomes available in the computer acquisition sinking fund in excess of the amount authorized to be expended by section 3 shall be used to decrease by a like amount any expenditure from the state general fund appropriated by section 4.
Sec. 6. Sections 3 to 5, inclusive, of this act shall become effective upon passage and approval.
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κ1977 Statutes of Nevada, Page 300κ
Senate Bill No. 236Senator Raggio
CHAPTER 158
AN ACT relating to trials; revising the oath or affirmation to be administered to jurors; prescribing the circumstances in which a juror may be discharged; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 16.070 is hereby amended to read as follows:
16.070 1. As soon as the jury is completed, the judge or his clerk shall administer an oath or affirmation [shall be administered] to the jurors [, in substance that they, and each of them, will well and truly try the matter at issue between .............................................., the plaintiff, and .............................................., the defendant, and a true verdict render according to the evidence.] in substantially the following form:
Do you, and each of you, (solemnly swear, or affirm under the pains and penalties of perjury) that you will well and truly try the case now pending before this court and a true verdict render according to the evidence given (so help you God)?
2. As soon as the alternate juror or jurors are selected, the judge or her clerk shall administer an oath or affirmation to them in substantially the following form:
Do you, and each of you, (solemnly swear, or affirm under the pains and penalties of perjury) that, if required to replace a regular juror or jurors you will well and truly try the case now pending before this court, and a true verdict render according to the evidence given (so help you God)?
[2.] 3. After the oath or affirmation has been administered and the jury has been fully impaneled, the court may [in its discretion] order the jury into the custody of the sheriff or other officer selected by the court, and if so ordered into custody the jurors shall not be allowed to separate or depart from the custody of the sheriff or other officer until they have been duly discharged. The sheriff shall in such cases, at the charge of the parties to action, prepare suitable and comfortable accommodations and provide food for the jury pending the trial.
Sec. 2. NRS 16.080 is hereby amended to read as follows:
16.080 [If, after] After the impaneling of the jury and before verdict, [a juror becomes sick, so as to be unable to perform his duty, the court may order him to be discharged. In that case, the trial may proceed with the other jurors, or a new juror may be sworn, and the trial begun anew; or the jury may] the court may discharge a juror upon a showing of his sickness, a serious illness or death of a member of his immediate family, an undue hardship, an extreme inconvenience, any other inability to perform his duty or a public necessity. Alternate jurors, in the order in which they were selected, shall replace jurors who become unable or disqualified to perform their duties.
κ1977 Statutes of Nevada, Page 301 (CHAPTER 158, SB 236)κ
to perform their duties. If an alternate juror is required to replace a regular juror after the jury has retired to deliberate, the court shall recall the jury, seat the alternate and resubmit the case to the jury. If no alternate juror has been selected, the trial may proceed with the remaining jurors, only if the parties so agree. If the parties do not so agree, the jury shall be discharged, and a new jury then or afterwards impaneled.
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Senate Bill No. 227Senator Raggio
CHAPTER 159
AN ACT relating to jury trials; revising and clarifying procedure and jury instructions; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 16.090 is hereby amended to read as follows:
16.090 When the jury has been sworn, the trial must proceed in the following order, unless the judge for special reasons otherwise directs:
1. The pleadings [shall] may be read by counsel for [the plaintiff or of] the respective parties, as they may prefer, or, if not so read, counsel for [plaintiff may state the issue. Counsel] the respective parties may state the issue during their opening statements. If the pleadings are not read before jury voir dire, the court or either counsel, as the court directs, may state the nature of the case to the jury and advise the jurors of the witnesses whom each side proposes to call. After the jury has been selected and sworn, counsel for the plaintiff and defendant, [respectively,] shall [then] make opening statements [,] if [any] they desire. [to make.]
2. The plaintiff and defendant shall then [,] each [respectively,] offer the evidence upon his part.
3. The parties may then respectively offer rebutting evidence only, unless the court for good reason, in furtherance of justice, [permit] permits them to offer evidence upon their original case.
4. When the evidence is concluded, unless the case is submitted to the jury [or] by either [side] or [on] both sides without argument, [or unless a demand be made to have the jury instructed in advance of the argument as hereafter provided in this section,] the plaintiff must commence and may conclude the argument.
5. If several plaintiffs or defendants, having separate claims or defenses, appear by different counsel, the court [must] shall determine their relative order in the evidence and argument.
6. The court [may then charge the jury; but if either party demand it, the court must] shall settle and give the instructions to the jury before the argument begins, but this [shall] does not prevent the giving of further instructions which may become necessary by reason of the argument.
κ1977 Statutes of Nevada, Page 302 (CHAPTER 159, SB 227)κ
further instructions which may become necessary by reason of the argument.
Sec. 2. NRS 16.110 is hereby amended to read as follows:
16.110 [In charging the jury the court shall state to them all matters of law which it thinks necessary for their information in giving their verdict, and if it state the testimony of the case, it must also inform the jury that they are the exclusive judges of all questions of fact. The court must furnish to either party, at the time, upon request, a statement in writing of the points of law contained in the charge, or must sign, at the time, a statement of such points prepared and submitted by the counsel of either party.] 1. The court shall reduce to writing the instructions to be given to the jury, unless the parties agree otherwise, and shall read such instructions to the jury. The court shall give instructions only as to the law of the case. An original and one copy of each instruction requested by any party shall be tendered to the court. The copies shall be numbered and indicate who tendered them. Copies of instructions given on the courts own motion or modified by the court shall be so identified. When requested instructions are refused, the judge shall write on the margin of the original the word refused and initial or sign the notation. The instructions given to the jury shall be firmly bound together and the judge shall write the word given at the conclusion thereof and sign the last of the instructions to signify that all have been given. After the instructions are given, the judge shall not clarify, modify or in any manner explain them to the jury except in writing unless the parties agree to oral instructions.
2. After the jury has reached a verdict and been discharged, the originals of all instructions, whether given, modified or refused, shall be preserved by the clerk as part of the proceedings.
3. Conferences with counsel to settle instructions may be held in chambers at the option of the court. In any event, conferences on instructions must be out of the presence of the jury.
Sec. 3. NRS 16.120 is hereby amended to read as follows:
16.120 1. After hearing the charge, the jury [may either decide in court or retire for deliberation. If they retire, they] shall retire for deliberation and shall be kept together in a room provided for them, [or some other convenient place] under charge of one or more officers, until they agree upon their verdict or are discharged by the court. The officer shall, to the utmost of his ability, keep the jury separate from other persons. He shall not [suffer] permit any communication to [be made to] them, or make any himself, unless by order of the court or judge, except to ask them if they have agreed upon their verdict; and he shall not, before the verdict is rendered, communicate to any person the state of their deliberations, or the verdict agreed upon.
2. Each party to the action may appoint one or more persons, one of whom on each side shall be entitled to remain with the officer or officers in charge of the jury, and to be present at all times when any communication is had with the jury, or any individual member thereof, and no communication, either oral or written, shall be made to or received from the jurors, or any of them, except in the presence of and hearing of such persons [so] selected by the parties; and in case of a written communication, it shall not be delivered until read by them.
κ1977 Statutes of Nevada, Page 303 (CHAPTER 159, SB 227)κ
Sec. 4. NRS 16.140 is hereby amended to read as follows:
16.140 After the jury [have] has retired for deliberation, if there [be] is a disagreement [between] among them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the [information required shall be given] court may order the court reporter to read the portion of the testimony which they request, or any part thereof, and the court may provide any information requested on the law. This shall be in the presence of or after notice to the parties or counsel.
Sec. 5. NRS 16.170 is hereby amended to read as follows:
16.170 When a jury [have] has agreed upon [their] its verdict, [they] the jurors shall be conducted into court by the officer having them in charge; [their names shall then be called, and] they shall be asked by the court, or clerk, whether they have agreed upon their verdict; and if the foreman [answer] answers in the affirmative, [they shall, on being required, declare the same.] the verdict shall be delivered to the court who shall examine it.
Sec. 6. NRS 16.190 is hereby amended to read as follows:
16.190 When the verdict is given and is not informal or insufficient, the jury foreman or the clerk shall [immediately record it in full in the minutes, and shall] read it [to the jury and inquire of them whether it is their verdict.] aloud. If the verdict is general, any party may request that the jury be polled. If a poll is requested, the clerk shall call the names of the jurors and ask each Is this your verdict as read? If more than one-fourth of the jurors disagree, the jury shall be again sent out; but if no disagreement [be] is expressed, the clerk shall fully record the verdict in the minutes, the verdict [shall be] is complete and the jury shall be discharged from the case.
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Assembly Bill No. 269Committee on Judiciary
CHAPTER 160
AN ACT relating to insurance; providing for an option to essential insurance policyholders to pay an annual charge in lieu of assessments for certain deficits; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 686B.180 is hereby amended to read as follows:
686B.180 1. If the commissioner finds after a hearing that in any part of this state any essential insurance coverage is not readily available in the voluntary market, and that the public interest requires such availability, he may by regulation [either] promulgate plans to provide such insurance coverages for any risks in this state which are equitably entitled to but otherwise unable to obtain such coverage, or may call upon the industry to prepare plans for his approval. Such plans may also include any kind of reinsurance that is unavailable and that would facilitate making essential insurance coverage available where it would otherwise not be available.
κ1977 Statutes of Nevada, Page 304 (CHAPTER 160, AB 269)κ
also include any kind of reinsurance that is unavailable and that would facilitate making essential insurance coverage available where it would otherwise not be available.
2. The plan promulgated or prepared under subsection 1 shall:
(a) Give consideration to the need for adequate and readily accessible coverage, to alternative methods of improving the market affected, to the preferences of the insurers and agents, to the inherent limitations of the insurance mechanism, to the need for reasonable underwriting standards, and to the requirement of reasonable loss-prevention measures;
(b) Establish procedures that will create minimum interference with the voluntary market;
(c) Spread the burden imposed by the facility equitably and efficiently within the industry; and
(d) Establish procedures for applicants and participants to have grievances reviewed by an impartial body.
3. Each plan shall require participation by all insurers doing any business in this state of the kinds covered by the specific plan and all agents licensed to represent such insurers in this state for the specified kinds of business, except that the commissioner may exclude kinds of insurance, classes of insurers or classes of persons for administrative convenience or because it is not equitable or practicable to require them to participate in the plan.
4. The plan may provide for optional participation by insurers not required to participate under subsection 3.
5. Each plan shall provide for the method of underwriting and classifying risks, making and filing rates, adjusting and processing claims and any other insurance or investment function that is necessary for the purpose of providing essential insurance coverage.
6. In providing for the recoupment of deficits which may be incurred in the plan, an option shall be offered to an insured each policy year to pay a capital stabilization charge which shall not exceed 100 percent of the premium charged to the insured in that year. The commissioner shall determine the amount of the charge from appropriate factors of loss experience and risk associated with the plan and the insured. An insured who pays the stabilization charge shall not be required to pay any assessment to recoup a deficit in the plan incurred in any policy year for which the charge is paid. The plan shall provide for the return to the insured of so much of his payment as remains after all actual or potential liabilities under the policy have been discharged.
7. The plan shall specify the basis of participation and assessment of insurers as necessary and shall provide for the participation of agents and the conditions under which risks must be accepted.
[7.] 8. Every participating insurer and agent shall provide to any person seeking coverages of kinds available in the plans the services prescribed in the plans, including full information on the requirements and procedures for obtaining coverage under the plans whenever the business is not placed in the voluntary market.
[8.] 9. The plan shall specify what commission rates shall be paid for business placed in the plans.
κ1977 Statutes of Nevada, Page 305 (CHAPTER 160, AB 269)κ
[9.] 10. If the commissioner finds that the lack of cooperating insurers or agents in an area makes the functioning of the plan difficult, he may order that the plan set up a branch service office or take other appropriate steps to insure that service is available.
[10.] 11. The existing assigned risk plan set up under former NRS 694.390 shall continue unless changed in accordance with this chapter.
Sec. 2. NRS 686B.230 is hereby amended to read as follows:
686B.230 1. The Nevada Essential Insurance Association [shall,] has, for purposes of this section and to the extent approved by the commissioner, [have] the general powers and authority granted under the laws of this state to carriers licensed to transact the kinds of insurance defined in NRS 681A.020 to 681A.080, inclusive.
2. The association may take any necessary action to make available necessary insurance, including but not limited to the following:
(a) Assess participating insurers amounts necessary to pay the obligations of the association, administration expenses, the cost of examinations conducted pursuant to NRS 687A.110 and other expenses authorized by this chapter. The assessment of each member insurer for the kind or kinds of insurance designated in the plan shall be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year bear to the net direct written premiums of all member insurers for the preceding calendar year. A member insurer may not be assessed in any year an amount greater than 5 percent of his net direct written premiums for the preceding calendar year. Each member insurer shall be allowed a premium tax credit at the rate of 20 percent per year for 5 successive years following termination of the association.
(b) Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this section.
(c) Sue or be sued, including taking any legal action necessary to recover any assessments for, on behalf of or against participating carriers.
(d) Investigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the associations obligation and deny all other claims. Process claims through its employees or through one or more member insurers or other persons designated as servicing facilities. Designation of a service facility is subject to the approval of the commissioner but such designation may be declined by a member insurer.
(e) Classify risks as may be applicable and equitable.
(f) Establish appropriate rates, rate classifications and rating adjustments and file such rates with the commissioner in accordance with this chapter.
(g) Administer any type of reinsurance program for or on behalf of the association or any participating carriers.
(h) Pool risks among participating carriers.
(i) Issue and market, through agents, policies of insurance providing the coverage required by this section in its own name or on behalf of participating carriers.
(j) Administer separate pools, separate accounts or other plans as may be deemed appropriate for separate carriers or groups of carriers.
κ1977 Statutes of Nevada, Page 306 (CHAPTER 160, AB 269)κ
(k) Invest, reinvest and administer all funds and moneys held by the association.
(l) Borrow funds needed by the association to effect the purposes of this section.
(m) Develop, effectuate and promulgate any loss-prevention programs aimed at the best interests of the association and the insuring public.
(n) Operate and administer any combination of plans, pools, reinsurance arrangements or other mechanisms as deemed appropriate to best accomplish the fair and equitable operation of the association for the purposes of making available essential insurance coverage.
3. In providing for the recoupment of a deficit of the association, an option shall be offered to an insured each policy year to pay a capital stabilization charge which shall not exceed 100 percent of the premium charged to the insured in that year. The board of directors shall determine the amount of the charge from appropriate factors of loss experience and risk associated with the association and the insured. An insured who pays the stabilization charge shall not be required to pay any assessment to recoup a deficit of the association incurred in any policy year for which the charge is paid. The associations plan of operation shall provide for the return to the insured of so much of his payment as remains after all actual or potential liabilities under the policy have been discharged.
__________
Assembly Bill No. 390Assemblymen Bennett and Chaney
CHAPTER 161
AN ACT relating to the state board of Oriental medicine; providing injunctive relief for the violation of any provision of chapter 634A of NRS; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 634A.240 is hereby amended to read as follows:
634A.240 1. The board may maintain in any court of competent jurisdiction a suit for an injunction against any person [or persons practicing traditional Oriental medicine or any branch thereof without a license.] who violates any provision of this chapter.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provision being understood to be a preventive as well as a punitive measure.
(b) Shall not relieve such person from any criminal prosecution for [practicing without a license.] the violation.
__________
κ1977 Statutes of Nevada, Page 307κ
Assembly Bill No. 37Assemblymen Barengo, Wagner, Hickey, Mann and Schofield
CHAPTER 162
AN ACT relating to trade practices; clarifying and extending the power of the commissioner of consumer affairs and a district attorney to recover a civil penalty for the violation of certain statutes; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 598.270 is hereby amended to read as follows:
598.270 Any seller who violates any provision of NRS 598.140 to 598.280, inclusive, shall pay a civil penalty not to exceed $2,500 for each violation [.] which may be recovered by civil action on complaint of the commissioner of consumer affairs or of the district attorney.
Sec. 2. NRS 598.745 is hereby amended to read as follows:
598.745 Any person who knowingly violates any provision of NRS 598.700 to 598.735, inclusive, is liable, in addition to any other penalty or remedy which may be provided by law, to a civil penalty of $250 for each offense, which may be recovered by civil action [in a court of competent jurisdiction] on complaint of the commissioner of consumer affairs [.] or the district attorney.
__________
Assembly Bill No. 264Committee on Judiciary
CHAPTER 163
AN ACT relating to the board of medical examiners of the State of Nevada; increasing the number of members of the board; providing for the qualifications and terms of the additional members; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 630.050 is hereby amended to read as follows:
630.050 The board of medical examiners of the State of Nevada [consisting of five] consists of seven members appointed by the governor. [is hereby created.]
Sec. 2. NRS 630.060 is hereby amended to read as follows:
630.060 1. [Each member] Five members of the board shall be persons licensed to practice medicine in the State of Nevada [, shall] who have been engaged in the practice of medicine in the State of Nevada for a period of more than 5 years preceding [his appointment and shall be] their respective appointments and are actually engaged in the practice of medicine in the State of Nevada.
2. The remaining members shall be residents of the State of Nevada who:
κ1977 Statutes of Nevada, Page 308 (CHAPTER 163, AB 264)κ
(a) Are not licensed in any state to practice any healing art;
(b) Are not actively engaged in the administration of any health and care facility; and
(c) Do not have a pecuniary interest in any matter pertaining to the healing arts, except as patients or potential patients.
3. The members of the board shall be selected without regard to their individual political beliefs.
4. As used in this section:
(a) Health and care facility has the meaning attributed to it in NRS 449.007.
(b) Healing art means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.
Sec. 3. NRS 630.070 is hereby amended to read as follows:
630.070 1. Upon the expiration of the terms of those members serving on the board on July 1, 1973, the governor shall appoint two members for 2-year terms, one member for a 3-year term and two members for 4-year terms. On July 1, 1977, the governor shall appoint two additional members, one for a 1-year term, the other for a 3-year term. Thereafter, each member shall be appointed for a term of 4 years.
2. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and qualifies. No term of office shall extend more than 4 years beyond the expiration of the preceding term of office,
3. If a vacancy occurs in the board, a member is absent from the state for a period of 6 months without permission from the board, a member fails to attend meetings of the board or a member fails to attend to the business of the board, as determined necessary in the discretion of the board, the board shall so notify the governor, and the governor shall appoint a person duly qualified under this chapter to replace the member for the remainder of the unexpired term.
Sec. 4. NRS 630.080 is hereby amended to read as follows:
630.080 Before entering upon the duties of his office, each member of the board shall take:
1. The constitutional oath of office; and
2. An oath that he is [licensed to practice medicine in this state and is actually engaged in the practice of medicine in this state.] legally qualified to serve on the board.
__________
κ1977 Statutes of Nevada, Page 309κ
Senate Bill No. 158Committee on Finance
CHAPTER 164
AN ACT relating to the state public defender; authorizing maximum amounts which may be collected from the counties for support of the state public defenders office; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 180.110 is hereby amended to read as follows:
180.110 1. Each fiscal year the state public defender may collect from the counties amounts which do not exceed those authorized by the legislature for use of his services during that year. [The state public defender may collect the following amounts from the respective county for the use of his services:
For the fiscal For the fiscal
year ending year ending
June 30, 1976 June 30, 1977
Carson City................................. $11,966 ................................................. $13,128
Churchill...................................... 6,325 ................................................. 6,957
Douglas....................................... 12,000 ................................................. 13,200
Elko............................................... 8,981 ................................................. 9,879
Esmeralda.................................... 2,656 ................................................. 2,921
Eureka.......................................... 2,150 ................................................. 2,365
Humboldt..................................... 8,146 ................................................. 8,960
Lander.......................................... 2,783 ................................................. 3,061
Lincoln......................................... 2,643 ................................................. 2,907
Lyon............................................. 7,147 ................................................. 7,862
Mineral......................................... 7,210 ................................................. 7,931
Nye............................................... 6,514 ................................................. 7,165
Pershing....................................... 5,363 ................................................. 5,899
Storey........................................... 1,998 ................................................. 2,197
White Pine................................... 7,653 ................................................. 8,418]
2. The state public defender shall submit a bill to the county on or before the 15th day of May and the county shall pay [such] the bill on or before the 20th day of July. The counties shall pay their respective amounts to the state public defender who shall deposit the [same] amounts with the treasurer of the State of Nevada and shall expend the funds in accordance with his approved budget.
Sec. 2. The state public defender may collect not more than the following amounts from the counties for use of his services:
κ1977 Statutes of Nevada, Page 310 (CHAPTER 164, SB 158)κ
For the fiscal For the fiscal
year ending year ending
June 30, 1978 June 30, 1979
Carson City................................. $30,592 ................................................. $30,455
Churchill...................................... 10,853 ................................................. 10,821
Douglas....................................... 24,197 ................................................. 24,085
Elko............................................... 16,088 ................................................. 16,036
Esmeralda.................................... 4,119 ................................................. 4,119
Eureka.......................................... 4,004 ................................................. 4,001
Humboldt..................................... 10,447 ................................................. 10,442
Lander.......................................... 6,827 ................................................. 6,813
Lincoln......................................... 7,500 ................................................. 7,493
Lyon............................................. 13,644 ................................................. 13,608
Mineral......................................... 13,276 ................................................. 13,238
Nye............................................... 10,044 ................................................. 10,018
Pershing....................................... 10,810 ................................................. 10,799
Storey........................................... 4,004 ................................................. 4,001
White Pine................................... 9,213 ................................................. 9,204
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Assembly Bill No. 296Committee on Judiciary
CHAPTER 165
AN ACT relating to the Motor Vehicle Insurance Act; deleting the requirement for deduction of social security from benefits payable; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 698.110 is hereby amended to read as follows:
698.110 Net benefits payable means benefits payable less all assistance or advantages a person receives or is entitled to receive from [social security or] workmens compensation as calculated in NRS 698.330.
Sec. 2. NRS 698.330 is hereby amended to read as follows:
698.330 All assistance or advantages a person receives or is entitled to receive from [social security or] workmens compensation by reason of an injury arising out of the use or maintenance of a motor vehicle are subtracted from benefits payable in calculating net benefits payable. Basic reparation benefits are primary in relation to all other insurance.
__________
κ1977 Statutes of Nevada, Page 311κ
Assembly Bill No. 281Assemblyman Goodman
CHAPTER 166
AN ACT relating to employment practices; prohibiting the use of a false or forged union card to obtain employment; providing a penalty; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 613.090 is hereby amended to read as follows:
613.090 Every person who [shall obtain] obtains employment by color or aid of any false or forged letter, [or] certificate of recommendation [shall be] or union card is guilty of a misdemeanor.
__________
Assembly Bill No. 233Committee on Judiciary
CHAPTER 167
AN ACT relating to the state department of agriculture; deleting obsolete reference to the salary of the executive director; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 561.115 is hereby amended to read as follows:
561.115 The position of executive director of the state department of agriculture is hereby created. The executive director shall be:
1. Appointed by the board with the approval of the governor.
2. In the unclassified service.
[3. Entitled to receive an annual salary of $20,500.]
Sec. 2. This act shall become effective upon passage and approval.
__________
Assembly Bill No. 218Committee on Judiciary
CHAPTER 168
AN ACT relating to pesticides; making technical amendments to certain definitions; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 555.2618 is hereby amended to read as follows:
555.2618 Certified applicator means any [individual] person who is certified by the executive director as [competent] qualified to use or to supervise the use of any restricted-use pesticide.
κ1977 Statutes of Nevada, Page 312 (CHAPTER 168, AB 218)κ
Sec. 2. NRS 586.053 is hereby amended to read as follows:
586.053 Certified applicator means any [individual] person who is certified by the executive director as [authorized to apply or to supervise the application of any pesticide which is classified for restricted use.] qualified to use or supervise the use of any restricted-use pesticide.
Sec. 3. NRS 586.205 is hereby amended to read as follows:
586.205 Restricted-use pesticide means any pesticide, including any highly toxic pesticide, which:
1. The executive director has found and determined, subsequent to a hearing, to be:
(a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate; or
(b) Detrimental to vegetation (except weeds), wildlife or to the public health and safety; or
2. Has been classified for [restricted use] restricted use by or under the supervision of a certified applicator in accordance with the Federal Environmental Pesticide Control Act (7 U.S.C. § 136 et seq.).
Sec. 4. This act shall become effective upon passage and approval.
__________
Assembly Bill No. 60Committee on Agriculture
CHAPTER 169
AN ACT relating to insect control and noxious weeds; providing authority for inspectors of the state department of agriculture to take samples of pesticides and pesticide sprays; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 555.420 is hereby amended to read as follows:
555.420 For the purpose of carrying out the provisions of NRS 555.2605 to 555.460, inclusive, the executive director and his duly appointed inspectors may enter upon any public or private premises at reasonable times in order to have access for the purpose of inspecting, auditing, sampling or monitoring any aircraft, ground equipment, records, storage, pesticides, pesticide sprays, disposal operations or other operations which are subject to NRS 555.2605 to 555.460, inclusive, or regulations adopted thereunder.
__________
κ1977 Statutes of Nevada, Page 313κ
Assembly Bill No. 19Assemblyman Banner
CHAPTER 170
AN ACT relating to the Nevada industrial commission; establishing a position for an additional appeals officer; requiring a final decision within a certain time; requiring such officers to be attorneys; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.226 is hereby amended to read as follows:
616.226 [The] An appeals officer and the commission, in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations promulgated under this chapter may:
1. Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.
2. Administer oaths.
3. Certify to official acts.
4. Call and examine under oath any witness or party to a claim.
5. Maintain order.
6. Rule upon all questions arising during the course of a hearing or proceeding.
7. Permit discovery by deposition or interrogatories.
8. Initiate and hold conferences for the settlement or simplification of issues.
9. Dispose of procedural requests or similar matters.
10. Generally regulate and guide the course of a pending hearing or proceeding.
Sec. 2. NRS 616.230 is hereby amended to read as follows:
616.230 If any person disobeys an order of [the] an appeals officer or the commission or a subpena issued by the commissioners, inspectors or examiners, or either of them, or refuses to permit an inspection, or as a witness, refuses to testify to any matter for which he may be lawfully interrogated, then the district judge of the county in which the person resides, on application of the appeals officer or the commission, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from the court on a refusal to testify therein.
Sec. 3. NRS 616.235 is hereby amended to read as follows:
616.235 1. Each officer who serves a subpena shall receive the same fees as a sheriff.
2. Each witness who appears in obedience to a subpena before [the] an appeals officer or the commission is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.
3. Claims for witnesses fees shall be audited and paid from the state treasury in the same manner as other expenses are audited and paid upon the presentation of proper vouchers approved by [the] an appeals officer or any two commissioners.
4. A witness subpenaed at the instance of a party other than [the] an appeals officer or the commission is not entitled to compensation from the state treasury unless an appeals officer or the commission certifies that his testimony was material to the matter investigated.
κ1977 Statutes of Nevada, Page 314 (CHAPTER 170, AB 19)κ
an appeals officer or the commission is not entitled to compensation from the state treasury unless an appeals officer or the commission certifies that his testimony was material to the matter investigated.
Sec. 4. NRS 616.245 is hereby amended to read as follows:
616.245 1. A transcribed copy of the evidence and proceedings, or any specific part thereof, of any final hearing or investigation, made by a stenographer appointed by [the] an appeals officer or the commission, being certified by that stenographer to be a true and correct transcript of the testimony in the final hearing or investigation, or of a particular witness, or of a specific part thereof, and carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on the final hearing or investigation so purporting to be taken and transcribed, may be received in evidence with the same effect as if the stenographer [were] had been present and testified to the facts so certified.
2. A copy of the transcript shall be furnished on demand to any party upon the payment of the fee required for transcripts in courts of record.
Sec. 5. NRS 616.355 is hereby amended to read as follows:
616.355 Any physician, having attended an employee within the provisions of this chapter or chapter 617 of NRS [,] in a professional capacity, may be required to testify before [the] an appeals officer or the commission when it so directs. Information gained by the attending physician or surgeon, while in attendance on the injured employee, is not a privileged communication if required by [the] an appeals officer or the commission for a proper understanding of the case and a determination of the rights involved.
Sec. 6. NRS 616.535 is hereby amended to read as follows:
616.535 1. Any employee entitled to receive compensation under this chapter is required, if requested by [the] an appeals officer or the commission, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the commission.
2. The request or order for the examination shall fix a time and place therefor, due regard being had to the convenience of the employee, his physical condition and ability to attend at the time and place fixed.
3. The employee is entitled to have a physician, provided and paid for by him, present at any such examination.
4. If the employee refuses to submit to any such examination [,] or obstructs [the same,] it, his right to compensation shall be suspended until the examination has taken place, and no compensation is payable during or for account of such period.
5. Any physician who makes or is present at any such examination may be required to testify as to the result thereof.
Sec. 7. NRS 616.540 is hereby amended to read as follows:
616.540 1. If on a claim for compensation by an injured employee any medical question or the extent of disability of an injured employee is in controversy, [the] an appeals officer or the commission may refer the case to the medical board which serves the appropriate medical board district.
κ1977 Statutes of Nevada, Page 315 (CHAPTER 170, AB 19)κ
2. Such medical board shall, upon such reference, notify the injured employee of the time and place set for examination and investigation into such medical question or determination of the extent of disability. At the time set, such medical board shall make a full, complete and thorough examination of the injured employee, who may have a physician of his own choosing in attendance, and forthwith, in a joint report, if all of the medical board members are in agreement, submit their findings, conclusions and recommendations, concerning medical questions only, to the appeals officer or the commission.
3. Should such medical board not be in agreement as to the findings, conclusions and recommendations, the members of such medical board shall submit separate and individual reports, concerning medical questions only, to the appeals officer or the commission.
Sec. 8. NRS 616.542 is hereby amended to read as follows:
616.542 1. The governor shall appoint [an appeals officer] two appeals officers to conduct hearings in contested claims for compensation under this chapter and chapter 617 of NRS. [Such] Each appeals officer shall hold office for a term of 4 years from the date of his appointment and until his successor is appointed and has qualified. [Such] Each appeals officer is entitled to receive an annual salary [of not more than $25,000 depending upon education, training and experience, to be paid from the state insurance fund.] in an amount provided by law for unclassified employees of this state.
2. [Such] Each appeals officer [shall be familiar with the provisions of this chapter and chapter 617 of NRS and have 5 years experience in adjudication of workmens compensation claims or cases or] shall be an attorney who is licensed to practice law before all the courts of this state. [for a period of at least 2 years. The] An appeals officer shall not engage in the private practice of law. [after January 1, 1977.]
3. If [the] an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing such case and the governor [shall] may appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer shall be paid at an hourly rate, based upon the appeals officers salary. [, from money in the state insurance fund.]
4. An appeals officer shall render his final decision on a contested claim within 120 days after the hearing.
5. The decision of [the] an appeals officer is the final administrative determination of a claim under this chapter or chapter 617 of NRS, and the whole record, for the purposes of judicial review under the Nevada Administrative Procedure Act, [(chapter 233B of NRS),] shall be made up of all evidence taken at the hearing [,] before the appeals officer [,] and any findings of fact and conclusions of law based thereon.
Sec. 9. NRS 616.543 is hereby amended to read as follows:
616.543 1. No judicial proceedings [shall] may be instituted for compensation for an injury or death under this chapter unless:
κ1977 Statutes of Nevada, Page 316 (CHAPTER 170, AB 19)κ
(a) A claim for compensation is filed as provided in NRS 616.500; and
(b) A final decision of [the] an appeals officer has been rendered on such claim.
2. Judicial proceedings instituted for compensation for an injury or death under this chapter shall be limited to judicial review as prescribed by NRS 233B.130 to 233B.150, inclusive.
Sec. 10. NRS 616.544 is hereby amended to read as follows:
616.544 If an appeal is taken to the district court from a final decision of [the] an appeals officer and such appeal is found by the district court to be frivolous or brought without reasonable grounds, the district court may order costs and a reasonable attorneys fee to be paid by the party taking such appeal.
Sec. 11. NRS 617.370 is hereby amended to read as follows:
617.370 1. Any employee claiming the right to receive compensation under this chapter may be required by [the] an appeals officer or the commission to submit himself for medical examination at any time and from time to time at a place reasonably convenient for the employee.
2. If the employee refuses to submit to any such examination or obstructs [the same,] it, his right to have his claim for compensation considered if his claim is pending before the commission, or to receive any payments for compensation theretofore granted, shall be suspended during the period of such refusal or obstruction.
Sec. 12. Section 62 of chapter 29, Statutes of Nevada 1977, is hereby amended to read as follows:
Sec. 62. NRS 616.542 is hereby amended to read as follows:
616.542 1. The governor shall appoint two appeals officers to conduct hearings in contested claims for compensation under this chapter and chapter 617 of NRS. Each appeals officer shall hold office for a term of 4 years from the date of his appointment and until his successor is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law for employees in the unclassified service of the state.
2. Each appeals officer shall be an attorney who has been licensed to practice law before all the courts of this state for a period of at least 2 years. An appeals officer shall not engage in the private practice of law.
3. If an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing such case and the governor may appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer shall be paid at an hourly rate, based upon the appeals officers salary.
4. An appeals officer shall render his final decision on a contested claim within 120 days after the hearing.
5. The decision of an appeals officer is the final administrative determination of a claim under this chapter or chapter 617 of NRS, and the whole record [, for the purposes of judicial review under the Nevada Administrative Procedure Act, shall be made up] consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.
κ1977 Statutes of Nevada, Page 317 (CHAPTER 170, AB 19)κ
of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.
Sec. 13. Section 64 of chapter 29, Statutes of Nevada 1977, is hereby amended to read as follows:
Sec. 64. NRS 616.543 is hereby amended to read as follows:
616.543 1. No judicial proceedings may be instituted for compensation for an injury or death under this chapter unless:
(a) A claim for compensation is filed as provided in NRS 616.500; and
(b) A final decision of an appeals officer has been rendered on such claim.
2. Judicial proceedings instituted for compensation for an injury or death, under this chapter [shall be] are limited to judicial review [as prescribed by NRS 233B.130 to 233B.150, inclusive.] of the decision of an appeals officer.
Sec. 14. This act shall become effective upon passage and approval.
__________
Assembly Bill No. 364Assemblyman May
CHAPTER 171
AN ACT relating to property tax; renaming the certification advisory board in the department of taxation as the appraiser certification board; expanding its duties; altering certification and training requirements for certain appraisers; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.221 is hereby amended to read as follows:
361.221 1. [A] Except as provided in subsection 4, a person shall not perform the duties of an appraiser for property tax purposes as an employee of or an independent contractor for the state or any of its political subdivisions unless he holds a valid appraisers certificate issued by the department.
2. There is established [a certification advisory] an appraiser certification board consisting of six members, three of whom shall be chosen by majority vote of the several county assessors from persons who hold a [professional designation as property appraisers] valid appraisers certificate issued by the department and three of whom shall be appointed by the Nevada tax commission. This board shall: [recommend to]
(a) Advise the department [appropriate subjects in which appraisers are to be examined who are applicants for certification.] on any matter pertaining to the certification and continuing education of appraisers who are subject to the provisions of this section; and
(b) Perform such other duties as are provided by law.
κ1977 Statutes of Nevada, Page 318 (CHAPTER 171, AB 364)κ
3. The department may contract for the development and administration of the appropriate examinations. [An] Except as provided in this subsection, an appraisers certificate shall be issued to an applicant only if he has passed the appropriate examination. The department may charge each examinee a reasonable examination fee to recover the cost of the examination. An applicant who has a professional designation or certification recognized by the board may, with the approval of the board, be issued an appraisers certificate without examination.
4. [Notwithstanding the provisions of subsection 1 and except as otherwise provided in NRS 250.065, any] Any person performing the duties of an appraiser for property tax purposes as a county employee may continue to perform such duties without a valid appraisers certificate until [:
(a) January 1, 1977, if a state employee.
(b) July 1, 1978, if a county employee.] July 1, 1978.
Sec. 2. NRS 361.222 is hereby amended to read as follows:
361.222 The department [may] shall issue a temporary appraisers certificate to a person who is newly employed as an appraiser by the state or any of its political subdivisions and who applies to take the appraisers certificate examination. The temporary certificate [shall expire 1 year] expires 2 years after the date of issue or when the results of the applicants examination are determined, whichever occurs first. A temporary certificate shall not be renewed.
Sec. 3. NRS 361.223 is hereby amended to read as follows:
361.223 1. Every person who holds an appraisers certificate shall complete in each fiscal year at least 36 contact hours of appropriate training conducted or approved by the department. College or university courses may be substituted upon approval by the [department] appraiser certification board of an application submitted to the department for such substitution.
2. Any approved hours of training accumulated in any 1 fiscal year in excess of the 36 contact hour minimum shall be carried forward and applied against the training requirements of the following 3 years. Any approved hours accumulated between January 1, 1975, and June 30, 1976, [shall] may be carried forward and applied against the training time required in the fiscal year ending June 30, 1977. The annual training requirement shall be waived for any person:
(a) Attaining a professional designation or certification recognized by the [department;] appraiser certification board; or
(b) Accumulating 180 contact hours of accepted training.
Such persons shall complete 36 contact hours during every 5-year period thereafter.
Sec. 4. NRS 361.224 is hereby amended to read as follows:
361.224 On or before July 15 of each fiscal year, the [department] appraiser certification board shall ascertain whether every person holding a valid appraisers certificate has met the minimum training requirements for the preceding fiscal year as provided in NRS 361.223. [The] Upon the recommendation of the board, the department may suspend or revoke the certificate of any person who fails to complete or have carried forward the minimum number of approved contact hours for that year. The department may not suspend or revoke the certificate unless the person has been given a hearing by the department and 20 days advance written notice of the hearing.
κ1977 Statutes of Nevada, Page 319 (CHAPTER 171, AB 364)κ
department may not suspend or revoke the certificate unless the person has been given a hearing by the department and 20 days advance written notice of the hearing.
__________
Assembly Bill No. 231Committee on Judiciary
CHAPTER 172
AN ACT relating to architects; correcting certain references; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 623.145 is hereby amended to read as follows:
623.145 1. Subject to the limitations imposed by subsections 2 and 3, the board shall adopt and promulgate codes of ethics consistent with the constitution and laws of this state binding upon persons registered under the provisions of this chapter. Such codes of ethics shall have as their only purpose the maintenance of a high standard of integrity, dignity and professional responsibility by members of the profession.
2. The members of the board who are registered architects shall prepare the code of ethics for architects. Prior to adoption of such code, a copy shall be sent to every resident [licensed] registered architect. Such architects may vote on each item in the proposed code. The board may adopt each item unless 25 percent or more of the resident [licensed] registered architects vote against such item.
3. The board shall prepare the code of ethics for residential designers. Prior to the adoption of such code, a copy shall be sent to every resident registered residential designer. Such residential designers may vote on each item in the proposed code. The board may adopt each item unless 25 percent or more of the resident registered residential designers vote against such item.
Sec. 2. NRS 624.020 is hereby amended to read as follows:
624.020 1. For the purpose of this chapter contractor is synonymous with builder.
2. Within the meaning of this chapter, a contractor is any person, except a [licensed] registered architect or a registered professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project shall be accepted by the board or any court of this state as prima facie evidence that the person securing such permit or employing any person on a construction project is acting in the capacity of a contractor under this chapter.
κ1977 Statutes of Nevada, Page 320 (CHAPTER 172, AB 231)κ
facie evidence that the person securing such permit or employing any person on a construction project is acting in the capacity of a contractor under this chapter.
3. A contractor within the meaning of this chapter includes subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.
4. A contractor within the meaning of this chapter includes a construction manager who performs management and counseling services on a construction project for a professional fee.
Sec. 3. NRS 625.500 is hereby amended to read as follows:
625.500 The registration requirements of this chapter do not apply to the employees of interstate or intrastate public utility companies while they are engaged in work for such companies or to any architect [licensed] registered under the provisions of chapter 623 of NRS and who practices architecture as permitted by chapter 623 of NRS.
Sec. 4. NRS 625.530 is hereby amended to read as follows:
625.530 1. It is unlawful for the State of Nevada or any of its political subdivisions, such as a county, city or town, to engage in the construction of any public work requiring the practice of engineering, unless the plans, specifications and estimates have been prepared by, and the construction executed under the supervision of, a registered professional engineer or a [duly licensed] registered architect.
2. Nothing in this section: [shall be:]
(a) [Held to apply] Applies to any public work wherein the expenditure of the complete project of which the work is a part does not exceed $15,000.
(b) [Deemed to include] Includes any maintenance work undertaken by the State of Nevada or its political subdivisions.
(c) [Deemed to authorize] Authorizes either a professional engineer or a [licensed] registered architect or a registered land surveyor to practice in violation of any of the provisions of chapter 623 of NRS or this chapter.
(d) [Held to require] Requires the services of an architect [licensed] registered under chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if such buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.
3. The selection of a registered professional engineer or [licensed] registered architect to perform services under subsection 1 shall be made on the basis of the competence and qualifications of such engineer or architect for the type of services to be performed, and not on the basis of competitive fees. If, after selection of such engineer or architect, an agreement upon a fair and reasonable fee cannot be reached with him, the public agency may terminate negotiations and select another such engineer or architect.
Sec. 5. This act shall become effective upon passage and approval.
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κ1977 Statutes of Nevada, Page 321κ
Assembly Bill No. 338Assemblymen Price and Demers
CHAPTER 173
AN ACT relating to plats and subdivisions; providing for reconveyance of dedicated school lands which are not needed for school purposes to the dedicator or his successors; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 116.070 is hereby amended to read as follows:
116.070 1. Whenever [any land dedicated to the use of the public school system, pursuant to the provisions of NRS 116.020 as it read prior to April 6, 1961, or] any land purchased and used as a school site pursuant to the provisions of NRS 116.020 after April 6, 1961, becomes unsuitable, undesirable or impractical for any school uses or purposes, the board of trustees of the county school district in which the land is located shall, except as otherwise provided in NRS 116.020:
[1.] (a) Sell or lease the land in the manner provided in NRS 277.050 or NRS 393.220 to 393.320, inclusive; or
[2.] (b) Exchange the land in the manner provided in NRS 277.050 or in NRS 393.326 to 393.3293, inclusive.
2. Land dedicated under the provisions of NRS 116.020, as it read prior to April 6, 1961, which the board of trustees determines is unsuitable, undesirable or impractical for school purposes may be reconveyed without cost to the dedicator or his successor or successors in interest.
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Assembly Bill No. 301Assemblymen Mello, Harmon, Demers, May, Vergiels, Mann, Serpa, Price, Glover, Ross, Robinson, Kosinski, Dreyer, Polish, Bremner, Dini, Jeffrey, Schofield, Hayes, Westall, Kissam, Bennett, Sena, Moody and Brookman
CHAPTER 174
AN ACT relating to a proposed amendment to the United States Constitution; providing an advisory referendum on ratification of the equal rights amendment; and providing other matters properly relating thereto.
[Approved April 12, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At the general election on November 7, 1978, an advisory question shall be submitted to the registered voters of this state on the ratification of the proposed amendment to the Constitution of the United States, commonly known as the equal rights amendment.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the question to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
κ1977 Statutes of Nevada, Page 322 (CHAPTER 174, AB 301)κ
county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law shall be in substantially the following form:
Notice is hereby given that at the general election on November 7, 1978, an advisory question will appear on the ballot relating to the ratification of the following proposed amendment to the United States Constitution:
1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
3. This amendment shall take effect two years after the date of ratification.
THE RESULT OF THE VOTING ON THIS QUESTION DOES NOT PLACE ANY LEGAL REQUIREMENT ON THE LEGISLATURE OR ANY OF ITS MEMBERS.
Sec. 4. The ballot page assemblies and the paper ballots to be used in voting on the advisory question shall present the question in substantially the following form:
Do you recommend that the Nevada legislature ratify the following proposed amendment to the United States Constitution, commonly known as the equal rights amendment?
Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
Sec. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Sec. 3. This amendment shall take effect two years after the date of ratification.
YES.................. NO....................
Sec. 5. The explanation of the question which shall appear on each paper ballot and sample ballot and in every publication and posting of notice of the question shall be in substantially the following form:
(Explanation of the Advisory Question)
Nevada has not yet ratified the Equal Rights Amendment to the United States Constitution. A Yes vote on this advisory question would recommend that the Nevada legislature take action to ratify that amendment. A No vote on this advisory question would recommend that the Nevada legislature refrain from taking action to ratify that amendment.
THE RESULT OF THE VOTING ON THIS QUESTION DOES NOT PLACE ANY LEGAL REQUIREMENT ON THE LEGISLATURE OR ANY OF ITS MEMBERS.
Sec. 6. If a majority of the votes cast on the question is yes, the secretary of state shall certify the result to the president of the senate and the speaker of the assembly as the recommendation of the registered voters of the state, that the proposed amendment to the Constitution of the United States be ratified by Nevada.
κ1977 Statutes of Nevada, Page 323 (CHAPTER 174, AB 301)κ
voters of the state, that the proposed amendment to the Constitution of the United States be ratified by Nevada. If a majority of the votes cast on the question is no, the secretary of state shall certify the result as the recommendation of the registered voters of the state, that the legislature should not ratify the amendment.
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. The question required by this act shall not be placed on any ballot, nor shall any other action which is required by this act be taken, if:
1. The Nevada legislature has ratified the proposed amendment on or before July 1, 1977; or
2. The legislatures of 38 other states have ratified the proposed amendment, and the United States Congress has accepted their ratification, on or before July 1, 1978.
__________
Assembly Bill No. 328Assemblyman Mann
CHAPTER 175
AN ACT relating to the state legislature; correcting statutory references to certain enumeration districts in Clark County to conform their designations to those established by the Bureau of the Census of the United States Department of Commerce; and providing other matters properly relating thereto.
[Approved April 14, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.055 is hereby amended to read as follows:
218.055 1. The following legislative districts are hereby created in Clark County:
(a) Four senatorial districts and the following number of senators apportioned to each, respectively:
(1) Clark County senatorial district No. 1, composed of Bunkerville, Goodsprings, Henderson, Logan, Mesquite, Moapa, Nelson, Overton and Searchlight townships: One senator.
(2) Clark County senatorial district No. 2, composed of North Las Vegas Township, excluding those enumeration districts which compose part of Clark County senatorial district No. 4, as provided in subparagraph (4) of this paragraph: Two senators.
(3) Clark County senatorial district No. 3, composed of Las Vegas Township, excluding those enumeration districts which compose part of Clark County senatorial district No. 4, as provided in subparagraph (4) of this paragraph: Seven senators.
(4) Clark County senatorial district No. 4, composed of enumeration districts Nos. 243A, 243C, 243E, 245, 259, 260, 261 and 263 in North Las Vegas Township and enumeration districts 15, 17, 18A, 18B, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 in Las Vegas Township: One senator.
κ1977 Statutes of Nevada, Page 324 (CHAPTER 175, AB 328)κ
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 in Las Vegas Township: One senator.
(b) Twenty-two assembly districts as follows:
(1) Assembly district No. 1 shall consist of enumeration districts Nos. 9, 10, 11, 12, 98, 196, 197, 198, 199, 200, 202, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 238B and 239.
(2) Assembly district No. 2 shall consist of enumeration districts Nos. 99A, 100A, 100B, 102, 103, 106, 107, 148 and 233.
(3) Assembly district No. 3 shall consist of enumeration districts Nos. 91B, 94, 95, 96, 97, 101, 104 and 105.
(4) Assembly district No. 4 shall consist of enumeration districts Nos. 13, 14, 16, 84, 86, 88, 89, 90, 91A, 92, 93, 219 and 220.
(5) Assembly district No. 5 shall consist of enumeration districts Nos. 109, 146, 149A, 149B, 150, 151A, 151B, 234A, 234B and 237A.
(6) Assembly district No. 6 shall consist of enumeration districts Nos. 15, 19, 20, 21, 22, [26,] 26A, 26B, 27, [28,] 28A, 28B, 29, 30, 31, 32, 33, 34, 36, 37, 72, 73, 74, 77 and 80.
(7) Assembly District No. 7 shall consist of enumeration districts Nos. [17,] 17A, 17B, 18A, 18B, [23,] 23A, 23B, 24, 25, 243A, 243C, 243E, 245, 246, 260 and 263.
(8) Assembly district No. 8 shall consist of enumeration districts Nos. 85, 87, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 126, 127, 128, 129, 147, 165A and 166.
(9) Assembly district No. 9 shall consist of enumeration districts Nos. 38, 39, 40, 43, 44, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 75, 76, 78, 79, 81, 82, 83, 122, 124, 125, 133, 134 and 136.
(10) Assembly district No. 10 shall consist of enumeration districts Nos. 165B, 173A, 175A, 175B, 175C, 175D, 175E, 176A, 176B, 176C, 176D, 177, 178A, 178D and 235.
(11) Assembly district No. 11 shall consist of enumeration districts Nos. 35, 41, 42, 45, 46A, 46B, 47, 48, 51B, 52, 53, 54, 55 and 56.
(12) Assembly district No. 12 shall consist of enumeration districts Nos. 57, 58, 130, 131, 132, 135, 137, 138, 139, 140, 141, 142, 143, 145, 159 and 164A.
(13) Assembly district No. 13 shall consist of enumeration districts Nos. 99B, 167, 168, 169, 172, 178B, 178C, 179, 180, 181, 182, 184, 185, [195,] 201, 227, 228A, 228B, 229, 230, 231, 232, 236, 237B and 238A.
(14) Assembly district No. 14 shall consist of enumeration districts Nos. 49, 50, 51A, 152, 153, 154, 156, [160,] 160A, 160B, 161 and 221.
(15) Assembly district No. 15 shall consist of enumeration districts Nos. 144, 145A, 145B, 155, 162A, 162B, [163,] 163A, 163B, 164B, 164C, 173B and 174.
(16) Assembly district No. 16 shall consist of enumeration districts Nos. 157, 158, 170, 171, 183, 186, 187, 188, 189, 190, 191, 192, 193, [194,] 222, 223, 224, 225, 226 and 228C.
(17) Assembly district No. 17 shall consist of enumeration districts Nos.
κ1977 Statutes of Nevada, Page 325 (CHAPTER 175, AB 328)κ
Nos. 240, 242, 243B, 243D, 244, 247B, 248, 277, 278, 291, 292, 293, 294, 296 and 298.
(18) Assembly district No. 18 shall consist of enumeration districts Nos. 247A, 251, 252, 254, 255, 256, 257, 258, 259, 261, 262, 264 and 265.
(19) Assembly district No. 19 shall consist of enumeration districts Nos. 250, 253, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276 and 287.
(20) Assembly district No. 20 shall consist of enumeration districts Nos. 241, 249, 279, 280, 281, 282, 283, 284A, 284B, 285, 286, 288, 289, 290, 297, 299, 300, 301A, 301B and 302.
(21) Assembly district No. 21 shall consist of enumeration districts Nos. 304A, 304B, 305A, 305B, 305C, 306, 307A, 307B, 308A, 308B, 309A, 309B, 310, 311, 312A, 312B, 313, 314, 315, 316A, 317, 318B, 319, 323A, 324, 325, 326, 327, 328 and 329.
(22) Assembly district No. 22 shall consist of the balance of Clark County not included in Assembly districts Nos. 1 to 21.
2. Each senator and assemblyman shall be elected from within the district wherein he resides by the registered voters residing in that district.
Sec. 2. This act shall become effective upon passage and approval.
__________
Assembly Bill No. 468Assemblymen Barengo, Bremner, Dreyer, Ross and Robinson
CHAPTER 176
AN ACT relating to gambling crimes; increasing the penalty for conducting a cheating game; and providing other matters properly relating thereto.
[Approved April 14, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 465.083 is hereby amended to read as follows:
465.083 1. It is unlawful:
(a) To conduct, carry on, operate, deal or allow to be conducted, carried on, operated or dealt any cheating or thieving game or device; or
(b) To deal, conduct, carry on, operate or expose for play any game or games played with cards, dice or any mechanical device, or any combination of games or devices, which have in any manner been marked or tampered with, or placed in a condition, or operated in a manner, the result of which:
(1) Tends to deceive the public; or
(2) Tends to alter the normal random selection of criteria which determine the result of the game.
2. The use of marked cards, loaded dice, plugged or tampered-with machines or devices to deceive the public is expressly made unlawful.
κ1977 Statutes of Nevada, Page 326 (CHAPTER 176, AB 468)κ
3. Any [violation of] person who violates the provisions of this section [is a gross misdemeanor.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
__________
Senate Bill No. 57Senator Gojack
CHAPTER 177
AN ACT relating to drivers licenses; eliminating the requirement that licensees aged 70 or older renew licenses every two years; prohibiting requirement of special examination of licensees for renewal of license if based on age alone; and providing other matters properly relating thereto.
[Approved April 14, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.380 is hereby amended to read as follows:
483.380 1. Every drivers license [issued after July 1, 1971, shall expire in the case of a person 70 years of age or older on the second anniversary and in the case of all other persons] expires on the fourth anniversary of the licensees birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year [shall,] is, for the purposes of NRS 483.010 to 483.630, inclusive, [be] considered to have the anniversary of his birth fall on February 28. Every license [shall be] is renewable [on or] during a 90-day period before its expiration upon application and payment of the required fee, and, except as provided in subsection 6, each applicant for renewal shall appear before a drivers license examiner and successfully pass a test of his eyesight. [Every drivers license issued on or prior to July 1, 1971, shall be valid until the expiration date indicated thereon.]
2. No later than 30 days prior to the expiration of his license, the drivers license division of the department shall mail to each licensee who has not already renewed his license an expiration notice. The department may require an applicant for a renewal license successfully to pass such additional tests as the department [may find] finds reasonably necessary to determine his qualification according to the type or class of license applied for.
3. If the administrator or his duly authorized agent has reason to believe that eh licensee is no longer qualified to receive a license because of his physical condition, the department may require that the applicant submit to an examination pursuant to the provisions of NRS 483.330. The age of a licensee, by itself, does not constitute grounds for requiring an examination of driving qualifications.
4. All persons whose licenses have expired may be required by the department, whenever good cause appears, to take all or part of the regular examinations as set forth in NRS 483.330, and all persons whose licenses have expired for a period of 30 days or more shall pay to the department the penalty provided in NRS 483.410 in addition to the cost of renewing the license with the exception of the following persons who are exempt from the foregoing penalty:
κ1977 Statutes of Nevada, Page 327 (CHAPTER 177, SB 57)κ
regular examinations as set forth in NRS 483.330, and all persons whose licenses have expired for a period of 30 days or more shall pay to the department the penalty provided in NRS 483.410 in addition to the cost of renewing the license with the exception of the following persons who are exempt from the foregoing penalty:
(a) Persons who have not driven a motor vehicle subsequent to the expiration of their Nevada drivers license and who submit an affidavit stating such fact;
(b) Persons renewing an expired Nevada drivers license who have in their possession a valid drivers license from another jurisdiction; and
(c) Persons whose Nevada drivers license has expired during a period of suspension, if a renewal application is completed within 30 days from the date of eligibility for renewal.
5. The department may, by regulation, defer the expiration of the drivers license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe. The department may similarly defer the expiration of the license of the spouse or dependent son or daughter of such person if the spouse or child is residing with [such] the person.
6. The department may provide by regulation for the acceptance of a report from an ophthalmologist or optometrist in lieu of an eye test by a drivers license examiner [in any case in which] if the applicant is unable to appear in person during the required time because of absence from the state or other good cause.
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Assembly Bill No. 252Assemblymen Barengo and Hayes
CHAPTER 178
AN ACT making an appropriation to the board of regents for the purpose of paying the share of University of Nevada, Reno, in costs for improvements to various streets adjacent to the university; and providing other matters properly relating thereto.
[Approved April 14, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the board of regents the sum of $255,300 for the purpose of paying the share of the University of Nevada, Reno, in the costs for improvements to Sadlier Way, Valley Road and Wells Avenue in Reno.
Sec. 2. After June 30, 1979, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
__________
κ1977 Statutes of Nevada, Page 328κ
Assembly Bill No. 226Committee on Judiciary
CHAPTER 179
AN ACT relating to the Statutes of Nevada; enlarging the free distribution of advance sheets; and providing other matters properly relating thereto.
[Approved April 14, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of state shall furnish to the superintendent of the state printing and records division of the department of general services, within 3 days from the time he receives [the same] each one from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
2. The director of the legislative counsel bureau shall:
(a) Distribute one copy of each act as printed to each county clerk, district judge, district attorney and justice of the peace in the state.
(b) Immediately upon the adjournment of the session, collect and have printed and bound advance sheets of all acts, resolutions and memorials passed at the session.
(c) Distribute one copy of the advance sheets, without charge, to each justice of the supreme court, the attorney general, the state public defender, and to each county clerk, district judge, district attorney [and] , county public defender, justice of the peace, city attorney and police or municipal judge in the state, deliver to the supreme court law library a number of copies appropriate to secure the exchange of similar publications from other states, and establish the price at which the advance sheets shall be sold to other persons.
3. The legislative counsel shall, immediately upon the adjournment of the session, prepare statutory tables and an index of all acts, resolutions and memorials passed at the session.
4. The superintendent, upon receipt of the statutory tables and index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 214Committee on Judiciary
CHAPTER 180
AN ACT relating to the states emergency fund; deleting obsolete references to the former emergency fund account; and providing other matters properly relating thereto.
[Approved April 15, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 217.260 is hereby amended to read as follows:
217.260 Funds for payment of compensation as ordered by the board shall be paid from the emergency fund. [account.]
κ1977 Statutes of Nevada, Page 329 (CHAPTER 180, AB 214)κ
Sec. 2. NRS 223.210 is hereby amended to read as follows:
223.210 1. Whenever any Act of Congress, regulation promulgated by the President or from an executive department of the Federal Government, or decision of a court of the United States or of this state requires the governor to perform any act for which legislative authority is lacking, either absolutely or in the alternative of forfeiting a grant of money or other thing of value or of action by the requiring authority, and the legislature is not in session and cannot reasonably be called into special session, the governor may, with the approval of the legislative commission:
(a) Perform the act required.
(b) Direct an existing agency, board or commission to do the act required.
(c) Accept money or some other thing of value from the Federal Government, and contract with respect to such acceptance.
(d) Expend, for the purpose required, any money so accepted from the Federal Government or available to him from any nonstate source or from the emergency fund. [account.] Any expenditures from the emergency fund [account] for the purposes provided in this subsection shall be first approved by the legislative commission.
2. The governor and the legislative commission shall report any action taken by them to the next session of the legislature, whether regular or special. Unless the legislature acts affirmatively to authorize the governor or some other agency, board or commission to do the act required, all authority conferred by this section expires by limitation on the 11th day after the final adjournment of such session. In case of such expiration, neither the governor nor any agency, board or commission may expend any money received pursuant to this section except as may be required by a valid contract executed prior to such expiration.
3. As used in this section, the phrase cannot reasonably be called into special session imposes a duty upon the governor to consider, among other things:
(a) The importance of the act required in relation to state government as a whole;
(b) The amount of money to be expended pursuant to this section in relation to the cost of a special session; and
(c) The interval remaining before the next regular session.
Sec. 3. NRS 575.050 is hereby amended to read as follows:
575.050 1. The governor [is authorized to] may enter into agreements with the United States, its departments or agencies, respecting the granting and extending of financial aid, or any other form of benefits, to the state for the benefit of persons, firms or corporations engaged in the livestock or agriculture industry.
2. Before any such agreement is entered into, the governor, after diligent inquiry, shall determine by proclamation that such an emergency exists as in the interests of the livestock or agriculture industry of the state warrants a request for federal aid, money or such other type of benefit as may be available. From and after the issuing of such proclamation, the governor may match such available federal funds, or benefits, from the livestock aid fund, not to exceed the total sum of $30,000. Where an emergency has been proclaimed by the governor, the executive director of the state department of agriculture may expend moneys in the livestock aid fund, as the interests of the livestock or agriculture industry of the state may require, without federal participation in the form of aid, money or other benefits.
κ1977 Statutes of Nevada, Page 330 (CHAPTER 180, AB 214)κ
the executive director of the state department of agriculture may expend moneys in the livestock aid fund, as the interests of the livestock or agriculture industry of the state may require, without federal participation in the form of aid, money or other benefits.
3. There is hereby created in the state treasury [a fund to be known as] the livestock aid fund. Moneys for the livestock aid fund shall be provided as needed by the state board of examiners from their emergency fund, [account,] and [shall] may be used only [for the purpose of carrying] to carry out the provisions of this section.
4. The governor, or such commission, department or agency of the State of Nevada as he may designate and entrust with the disbursement of the moneys or benefits made available, [shall have the authority to] may adopt such [rules and] regulations as may be necessary for the proper administration thereof, and if the benefits are in the form of money each expenditure from the fund shall be approved by the state board of examiners in the manner provided generally for the payment of claims against the state.
5. The State of Nevada, [by and] through the acts of its governor, in accepting the agreements entered into, [shall be bound and] is obligated to perform the agreements fully as to all the terms thereof for the duration of the agreements.
[6. The governor, or any commission, department or agency he may designate, is specifically empowered and authorized to enter into and perform such agreements, notwithstanding the limits or provisions of any law to the contrary, and any part or parts of such law or laws inconsistent with the powers herein granted are hereby declared not applicable insofar as they are inconsistent with this section.]
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Assembly Bill No. 39Assemblymen Barengo, Wagner, Hickey, Mann and Schofield
CHAPTER 181
AN ACT relating to public officers; providing for the collection of information concerning the operation of the offices of district attorneys and public defenders; and providing other matters properly relating thereto.
[Approved April 15, 1977]
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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The legislature finds that:
1. The discharge of its duties to provide for the prosecution of public offenses and the defense of indigent persons charged with public offenses requires the collection of statistical information upon the operation of the several district attorneys and public defenders offices which are reasonably accurate and are comparable from county to county.
κ1977 Statutes of Nevada, Page 331 (CHAPTER 181, AB 39)κ
2. There exists no agency outside the legislative department of the state government which is appropriate for the collection of such information.
Sec. 3. 1. The legislative commission shall prescribe by regulation:
(a) The kinds of records to be kept by each district attorney and public defender for the information of the legislature, and may classify such requirements by population of the county if appropriate.
(b) The reports to be made of the contents of such records, including the period to be covered and the date of submission of each report.
2. Each report prescribed pursuant to this section is for the use of the legislature, the legislative commission and the staff of the legislative counsel bureau only. Statistical summaries may be published, but information upon the qualifications or salary of any particular person shall not be disclosed outside the legislative department.
Sec. 4. NRS 180.080 is hereby amended to read as follows:
180.080 The state public defender shall submit: [a]
1. A report annually to the governor containing a statement of the number of persons represented, the crimes involved, the status of each case, and the amount and categories of the expenditures made by his office.
2. Such reports to the legislative commission as the regulations of the commission require.
Sec. 5. Chapter 252 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The district attorney shall submit such reports to the legislative commission as the regulations of the commission require.
Sec. 6. Chapter 260 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The public defender shall submit such reports to the legislative commission as the regulations of the commission require.
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Assembly Bill No. 219Committee on Judiciary
CHAPTER 182
AN ACT relating to filing fees; increasing certain filing fees under the Uniform Commercial Code; and providing other matters properly relating thereto.
[Approved April 15, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 104.9403 is hereby amended to read as follows:
104.9403 1. Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article.
2. Except as provided in subsection 6 a filed financing statement is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the 5-year period unless a continuation statement is filed prior to the lapse.
κ1977 Statutes of Nevada, Page 332 (CHAPTER 182, AB 219)κ
of a filed financing statement lapses on the expiration of the 5-year period unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until expiration of the 5-year period, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse.
3. A continuation statement may be filed by the secured party within 6 months prior to the expiration of the 5-year period specified in subsection 2. Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection 2 unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if he has retained a microfilm or other photographic record, or in other cases after 1 year after the lapse. Where the filing officer maintains a microfilm system he may, after microfilming the original document, return it to the person who presented it for filing. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if he physically destroys the financing statements of a period more than 5 years past, those which have been continued by a continuation statement or which are still effective under subsection 6 shall be retained.
4. Except as provided in subsection 7 a filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and the name of the record owner of the real property as given in the financing statement. The filing officer shall also note in the indexes the file number and the address of the debtor given in the statement.
5. The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement or for a continuation statement [shall be $2] is $4 if the statement is in the standard form prescribed by the secretary of state and otherwise [shall be $3, plus in each case, if the financing statement is subject to subsection 5 of NRS 104.9402, $2. The uniform fee for each name more than one required to be indexed shall be $1.] is $5. The secured party may at his option show a trade name for any person.
κ1977 Statutes of Nevada, Page 333 (CHAPTER 182, AB 219)κ
secured party may at his option show a trade name for any person. [and an extra uniform indexing fee of $2 shall be paid with respect thereto.]
6. If the debtor is a transmitting utility (subsection 5 of NRS 104.9401) and a filed financing statement so states, it is effective until a termination statement is filed. A real estate mortgage which is effective as a fixture filing under subsection 6 of NRS 104.9402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.
7. When a financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or is filed as a fixture filing, it shall be filed for record and the filing officer shall index it under the names of the debtor and any owner of record shown on the financing statement in the same fashion as if they were the mortgagors in a mortgage of the real estate described, and, to the extent that the law of this state provides for indexing of mortgages under the name of the mortgagee, under the name of the secured party as if he were the mortgagee thereunder, or where indexing is by description in the same fashion as if the financing statement were a mortgage of the real estate described.
Sec. 2. NRS 104.9404 is hereby amended to read as follows:
104.9404 1. If a financing statement covering consumer goods is filed on or after July 1, 1975, then within 1 month or within 10 days following written demand by the debtor after there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must file with each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. In other cases whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor, for each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record complying with subsection 2 of NRS 104.9405, including payment of the required fee. If the affected secured party fails to file such a termination statement as required by this subsection, or to send such a termination statement within 10 days after proper demand therefor he [shall be] is liable to the debtor for $100, and in addition for any loss caused to the debtor by such failure.
2. On presentation to the filing officer of such a termination statement he [must] shall note it in the index. If he has received the termination statement in duplicate, he shall return one copy of the termination statement to the secured party stamped to show the time of receipt thereof. If the filing officer has a microfilm or other photographic record of the financing statement and of any related continuation statement, statement of assignment and statement of release, he may remove the originals from the files at any time after receipt of the termination statement, or if he has no such record, he may remove them from the files at any time after 1 year after receipt of the termination statement.
κ1977 Statutes of Nevada, Page 334 (CHAPTER 182, AB 219)κ
or if he has no such record, he may remove them from the files at any time after 1 year after receipt of the termination statement.
3. If the termination statement is in the standard form required by the secretary of state, the uniform fee for filing and indexing the termination statement [shall be $2,] is $4, and otherwise [shall be $3, plus in each case an additional fee of $1 for each name more than one against which the termination statement is required to be indexed.] is $5.
4. If the filing officer has microfilmed the original documents, he shall make copies of the microfilmed documents, mark the copies terminated and send or deliver to the secured parties and to the debtor the copies marked terminated.
Sec. 3. NRS 104.9405 is hereby amended to read as follows:
104.9405 1. A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in subsection 4 of NRS 104.9403. The uniform fee for filing, indexing and furnishing filing data for a financing statement so indicating an assignment [shall be $2] is $4 if the statement is in the standard form prescribed by the secretary of state and otherwise [shall be $3, plus in each case an additional fee of $1 for each name more than one against which the financing statement is required to be indexed.] is $5.
2. A secured party may assign of record all or a part of his rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement, or in the case of a fixture filing, or a filing covering timber to be cut, or covering minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, he shall index the assignment under the name of the assignor as grantor and, to the extent that the law of this state provides for indexing the assignment of a mortgage under the name of the assignee, he shall index the assignment of the financing statement under the name of the assignee. The uniform fee for filing, indexing and furnishing filing data about such a separate statement of assignment [shall be $2] is $4 if the statement is in the standard form prescribed by the secretary of state and otherwise [shall be $3, plus in each case an additional fee of $1 for each name more than one against which the statement of assignment is required to be indexed.] is $5. Notwithstanding the provisions of this subsection, an assignment of record of a security interest in a fixture contained in a mortgage effective as a fixture filing (subsection 6 of NRS 104.9402) may be made only by an assignment of the mortgage in the manner provided by the law of this state other than this chapter.
κ1977 Statutes of Nevada, Page 335 (CHAPTER 182, AB 219)κ
record of a security interest in a fixture contained in a mortgage effective as a fixture filing (subsection 6 of NRS 104.9402) may be made only by an assignment of the mortgage in the manner provided by the law of this state other than this chapter.
3. After the disclosure or filing of an assignment under this section, the assignee is the secured party of record.
4. Where the filing officer maintains a microfilm system he may, after microfilming the original document and making the appropriate notations, return it to the person who presented it for filing.
Sec. 4. NRS 104.9406 is hereby amended to read as follows:
104.9406 A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon presentation of such a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall note the same upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting such a statement of release [shall be $2] is $4 if the statement is in the standard form prescribed by the secretary of state and otherwise [shall be $3, plus in each case an additional fee of $1 for each name more than one against which the statement of release is required to be indexed.] is $5.
Sec. 5. NRS 247.305 is hereby amended to read as follows:
247.305 1. [Except as otherwise specifically provided by law,] Where another statute specifies fees to be charged for services, county recorders shall charge and collect only the fees specified. Otherwise county recorders shall charge and collect the following fees:
For recording any document, for the first page......................................... $3.00
For each additional page.................................................................. 1.00
For recording each portion of a document which must be separately indexed, after the first indexing............................................................................................. 2.00
For copying any record, for the first page................................................. 1.00
For each additional page.................................................................. .50
For certifying, including certificate and seal, for the first seal................ 1.00
For each additional seal................................................................... .25
For recording or copying any document in a foreign language, double the normal fee.
2. [No] A county recorder shall not charge or collect any fees for any of the services [herein] specified in this section when rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity, except for copying of any document, including certificate and seal, for which the statutory fee shall be paid.
κ1977 Statutes of Nevada, Page 336 (CHAPTER 182, AB 219)κ
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
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Senate Bill No. 102Committee on Government Affairs
CHAPTER 183
AN ACT relating to local government; repealing chapters 648, 649 and 697, and part of chapter 750, Statutes of Nevada 1975; and providing other matters properly relating thereto.
[Approved April 15, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapters 648, 649 and 697, and sections 1 to 4, inclusive, of chapter 750, Statutes of Nevada 1975, at pages 1210, 1275, 1416 and 1764, respectively, are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
__________
Assembly Bill No. 408Assemblyman Banner
CHAPTER 184
AN ACT authorizing the executive director of the employment security department to expend certain federal money to improve certain property in the City of Reno for use of the department; and providing other matters properly relating thereto.
[Approved April 15, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The executive director of the employment security department is hereby authorized to expend $131,000 of the money credited to the account of this state in the unemployment trust fund by the Secretary of the Treasury of the United States pursuant to section 903 of the Social Security Act, as amended, (42 U.S.C. § 1103), to improve property in the City of Reno for use by the department in the administration of chapter 612 of NRS.
Sec. 2. No part of the money authorized to be expended under section 1 of this act may be obligated after the expiration of a 2-year period beginning on the effective date of this act.
Sec. 3. The amount of money which may be obligated pursuant to section 1 of this act during any fiscal year beginning July 1 and ending the following June 30 shall not exceed the amount by which the aggregate of the amounts credited to the account of this state, pursuant to section 903 of the Social Security Act, as amended, (42 U.S.C.
κ1977 Statutes of Nevada, Page 337 (CHAPTER 184, AB 408)κ
the following June 30 shall not exceed the amount by which the aggregate of the amounts credited to the account of this state, pursuant to section 903 of the Social Security Act, as amended, (42 U.S.C. § 1103), during such fiscal year and the 24 preceding fiscal years, exceeds the aggregate of the amounts obligated for administration, paid as benefits and charged against the account of this state during those years.
Sec. 4. This act shall become effective upon passage and approval.
__________
Assembly Bill No. 36Assemblymen Barengo, Wagner, Hickey, Mann and Schofield
CHAPTER 185
AN ACT relating to the representation of persons; providing for the recoupment of the expenses of defense from the property of a person represented at public expense; extending to the state public defender the authority to represent a child; extending to county public defenders the authority to interview an indigent accused before appointment; authorizing contracts whereby the state public defender may provide representation when the county public defender is unable to do so; and providing other matters properly relating thereto.
[Approved April 15, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.091 is hereby amended to read as follows:
176.091 1. The court may order a convicted defendant to pay [as costs] all or any part of the expenses incurred by the county, city or state in providing such defendant with an attorney [pursuant to the provisions of NRS 171.188.] which are not recovered pursuant to section 3 of this act.
2. The court shall not order a defendant to [pay such costs] make such a payment unless the defendant is or will be able to [pay them.] do so. In determining the amount and method of payment, [of costs,] the court shall take account of the financial resources of the defendant and the nature of the burden that payment [of costs] will impose.
3. A defendant who has been ordered to pay [costs] expenses of his defense and who is not willfully or without good cause in default in the payment thereof may at any time petition the court which sentenced him for remission of the payment [of costs] or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due [for costs] or modify the method of payment.
4. The money recovered [as costs] shall in each case be paid over to the city, county or public defenders office which bore the expense and was not reimbursed by another governmental agency.
Sec. 2. NRS 176.275 is hereby amended to read as follows:
176.275 A judgment which imposes a fine or [costs] requires a defendant to repay the expenses of his defense constitutes a lien in like manner as a judgment for money rendered in a civil action.
κ1977 Statutes of Nevada, Page 338 (CHAPTER 185, AB 36)κ
defendant to repay the expenses of his defense constitutes a lien in like manner as a judgment for money rendered in a civil action.
Sec. 3. Chapter 178 of NRS is hereby amended to adding thereto a new section which shall read as follows:
If a defendant for whom an attorney is appointed at public expense on account of indigency has property subject to execution or acquires such property within 6 years after the termination of the attorneys representation, the court shall determine the value of the legal services provided and shall render judgment for that amount in favor of the state, county or city which furnished the public defender or otherwise paid for the defense.
Sec. 4. NRS 180.060 is hereby amended to read as follows:
180.060 1. The state public defender may, prior to being designated as counsel for [an indigent] that person pursuant to NRS 171.188, interview [such] an indigent person when he has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.
2. The state public defender shall, when designated pursuant to NRS 62.085 or 171.188 [,] and within the limits of available money, represent [,] without charge [,] each indigent person [who is under arrest and held for a public offense.] for whom he is appointed.
3. When representing an indigent person, the state public defender shall:
(a) Counsel and defend him [, if he is held in custody and charged with a public offense,] at every stage of the proceedings, including revocation of probation or parole; [, following his designation by the appropriate judge of the district court, justice of the peace or municipal or police judge;] and
(b) Prosecute any appeals or other remedies before or after conviction that he considers to be in the interests of justice.
4. In cases of post-conviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the supreme court, the state public defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the state public defender.
5. The state public defender may contract with any county in which the office of public defender has been created to provide representation for indigent persons when the court, for cause, disqualifies the county public defender or when the county public defender is otherwise unable to provide representation.
Sec. 5. NRS 180.090 is hereby amended to read as follows:
180.090 Except as provided in [subsection 4] subsections 4 and 5 of NRS 180.060, the provisions of this chapter apply only to counties in which the office of public defender has not been created pursuant to the provisions of chapter 260 of NRS.
Sec. 6. Chapter 260 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any county in which the office of public defender has been created may contract for the services of the state public defender in providing representation for indigent persons when the court, for cause, disqualifies the county public defender or when the county public defender is otherwise unable to provide representation.
κ1977 Statutes of Nevada, Page 339 (CHAPTER 185, AB 36)κ
county public defender or when the county public defender is otherwise unable to provide representation.
Sec. 7. NRS 260.050 is hereby amended to read as follows:
260.050 1. The public defender may, prior to being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when he has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.
2. The public defender shall, when designated pursuant to NRS 62.085 or 171.188 and within the limits of available money, represent without charge each indigent person for whom he is appointed.
3. When representing an indigent person, the public defender shall:
[1.] (a) Counsel and defend him [, if he is held in custody and charged with a public offense] at every stage of the proceedings, including revocation of probation or parole; [, following his designation by the appropriate judge of the district court, justice of the peace or municipal or police judge;] and
[2.] (b) Prosecute, subject to the provisions of subsection 4 of NRS 180.060, any appeals or other remedies before or after conviction that he considers to be in the interests of justice.
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Assembly Bill No. 271Assemblymen Mello, Dini, Kosinski, Harmon, Howard, Weise, Demers, Vergiels, Hickey, Murphy, Glover and Jacobsen
CHAPTER 186
AN ACT relating to the legislative counsel bureau; creating a separate fiscal analysis division; clarifying certain restrictions upon the staff of the legislative counsel bureau; and providing other matters properly relating thereto.
[Approved April 15, 1977]
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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The fiscal analysis division consists of the senate fiscal analyst, the assembly fiscal analyst and such additional staff as the performance of their duties may require.
2. The fiscal analysis division shall:
(a) Thoroughly examine all departments of the state government with special regard to their activities and the duplication of efforts between departments.
(b) Recommend to the legislature any suggested changes looking toward economy and the elimination of inefficiency in government.
(c) Ascertain facts and make recommendations to the legislature concerning the state budget and the estimates of the expenditure requirements of the state departments.
(d) Make projections of future public revenues for the use of the legislature.
κ1977 Statutes of Nevada, Page 340 (CHAPTER 186, AB 271)κ
(e) Analyze the past history and probable future trend of the states financial position in order that a sound fiscal policy may be developed and maintained for the State of Nevada.
(f) Analyze appropriation bills, revenue bills, and bills having a fiscal impact upon the operation of the government of the State of Nevada or its political subdivisions.
(g) Advise the legislature and the members and committees thereof regarding matters of a fiscal nature.
(h) Perform such other functions as may be assigned to the fiscal analysis division by the legislature, the legislative commission or the director of the legislature counsel bureau.
Sec. 3. 1. The director, other officers and employees of the legislative counsel bureau shall not:
(a) Oppose or urge legislation, except as the duties of the legislative auditor, the legislative counsel, the research director and the fiscal analysts require them to make recommendations to the legislature.
(b) Except as provided in this section, disclose to any person outside the legislative counsel bureau the contents or nature of any matter, unless the person entrusting the matter to the legislative counsel bureau so requests or consents.
2. Except as the legislative auditor and his staff are further restricted by this chapter, the nature or content of any work previously done by the personnel of the legislative counsel bureau may be disclosed to a legislator or public agency if or to the extent that such disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed.
3. When a bill or resolution drafted at the request of any person who is not a legislator, is delivered to a legislator, the legislative counsel shall disclose the identity of the requester to the recipient, and when the bill or resolution has been introduced he shall upon request disclose the identity of the requester to any legislator.
4. When a statute has been enacted or a resolution adopted, the legislative counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.
Sec. 4. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.260, inclusive.
2. Upon request, subject to the schedule provided in NRS 218.245, the legislative counsel shall advise any state agency or department as to the preparation of measures to be submitted to the legislature. Before the legislative counsel accepts from such agency or department any legislative measure involving the acquisition or disposition of state land and containing a legal description thereof, he shall require the submittal of a certificate verifying the completeness and accuracy of the description, as provided in NRS 232.115. The fact that the description is verified shall be noted in the summary of the bill or a special report concerning the description may be addressed to the legislative commission.
κ1977 Statutes of Nevada, Page 341 (CHAPTER 186, AB 271)κ
concerning the description may be addressed to the legislative commission. To assure the greatest possible equity in the handling of requests, drafting shall proceed as follows:
(a) Requests for legislative measures from each state agency or department shall, insofar as is possible, be processed in the order in which they are received, unless a different drafting priority is designated by the state agency or department.
(b) As soon as a state agency or department has requested 10 bills for any session the legislative counsel may request it to designate the drafting priority for each succeeding request.
(c) The drafting priority so designated shall guide the legislative counsel in the processing of the respective state agency and department requests, it being the purpose of this subsection to assure each state agency and department, as nearly as is possible, an equal priority rank.
3. Upon request, the legislative counsel shall aid and assist any legislator in the preparation of bills and resolutions, drafting them in proper form, and furnishing the legislator the fullest information upon all matters within the scope of his duties. Subject to the schedule provided in NRS 218.245, the legislative counsel shall, insofar as is possible, process all legislators requests for legislative measures in the order in which they are received. To assure the greatest possible equity in the handling of requests, drafting shall proceed as follows:
(a) If he so desires, a legislator may designate a different drafting priority for his bills and resolutions which the legislative counsel shall observe, insofar as is possible. The drafting priority so designated shall guide the legislative counsel in the processing of the respective legislators requests.
(b) The drafting of requests for legislative measures from chairmen or members of standing committees or special committees, on behalf of such committees, shall not, except where urgency is recognized, take precedence over the priority schedule established or designated for legislators bills and resolutions.
4. [Neither the director nor any person in the legal division, audit division or research and fiscal analysis division of the legislative counsel bureau shall oppose or urge legislation, except in the case of the legislative auditor, as his duties require him to make recommendations pursuant to the provisions of NRS 218.770, nor except as provided in subsection 6 shall he reveal to any person outside thereof the contents or nature of any matter which has not become a public record, except with the consent of the person bringing such matter before him.
5.] The legislative counsel shall give consideration to and service concerning any measure before the legislature and which is in any way requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
[6.] 5. The legislative counsel may deliver to the superintendent of the state printing and records division of the department of general services and request that he print or preset the type for printing a legislative measure prior to its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
κ1977 Statutes of Nevada, Page 342 (CHAPTER 186, AB 271)κ
by a legislator, the superintendent shall promptly comply with this request.
Sec. 5. NRS 218.272 is hereby amended to read as follows:
218.272 1. Before any bill which makes an appropriation or changes any existing appropriation, fiscal liability or revenue which appears to be in excess of $2,000 is considered at a public hearing of any committee of the assembly or the senate, or before any vote is taken thereon by such committee, the [research and] fiscal analysis division shall obtain a fiscal note containing a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill, including, to the extent possible, a projection of such changes in future biennia.
2. Except as otherwise provided in NRS 218.272 to 218.2758, inclusive, or in the joint rules of the senate and assembly, such estimates shall be made by the agency receiving the appropriation or collecting the revenue.
3. The fiscal note is not required on any bill relating exclusively to the executive budget.
Sec. 6. NRS 218.2723 is hereby amended to read as follows:
218.2723 Before any bill which has a financial impact on a local government is considered at a public hearing of any committee of the assembly or the senate or before a vote is taken thereon by such committee, the [research and] fiscal analysis division shall prepare a fiscal note after consultation with the appropriate local governments or their representatives.
Sec. 7. NRS 218.2725 is hereby amended to read as follows:
218.2725 1. Before any bill which affects the premiums charged to employers as provided in chapter 616 or 617 of NRS or the state insurance fund established by chapter 616 of NRS is considered at a public hearing of any committee of the assembly or the senate or before a vote is taken thereon by such committee, the [research and] fiscal analysis division shall obtain a fiscal note in the manner and form, to the extent applicable, provided for in NRS 218.272 to 218.2758, inclusive, showing the financial impact on the premiums charged employers by the Nevada industrial commission and on the state insurance fund.
2. Such information shall be provided by the Nevada industrial commission upon request of the [research and] fiscal analysis division.
3. The department of administration is not required to review such fiscal notes but upon request of any legislator, the [research and] fiscal analysis division shall review such fiscal note and submit its findings to the requester.
Sec. 8. NRS 218.273 is hereby amended to read as follows:
218.273 1. Except as provided in subsection 2, fiscal notes are required on original bills only and not on amendments.
2. Whenever an amendment adopted by one house so affects a bill that the original fiscal note ceases to be valid, the presiding officer may direct the [research and] fiscal analysis division to obtain a new fiscal note showing the effect of the bill as amended.
Sec. 9. NRS 218.274 is hereby amended to read as follows:
218.274 Bills containing provisions for both appropriations and revenues or appropriations for more than one state agency shall carry notes from each such agency, unless in the case of a bill which would require notes prepared by several agencies, the [research and] fiscal analysis division determines that a single agency shall prepare a general note, or prepares a single consolidated fiscal note into which the information submitted by the several agencies in incorporated.
κ1977 Statutes of Nevada, Page 343 (CHAPTER 186, AB 271)κ
from each such agency, unless in the case of a bill which would require notes prepared by several agencies, the [research and] fiscal analysis division determines that a single agency shall prepare a general note, or prepares a single consolidated fiscal note into which the information submitted by the several agencies in incorporated.
Sec. 10. NRS 218.2752 is hereby amended to read as follows:
218.2752 Whenever a bill is submitted to an agency for a fiscal note, the agency shall prepare the note and return it to the [research and] fiscal analysis division within 5 working days. The [research and] fiscal analysis division may extend such period for not more than 10 additional days if the matter requires extended research.
Sec. 11. NRS 218.2754 is hereby amended to read as follows:
218.2754 The summary of each bill introduced in the legislature shall:
1. If local government is involved, include the statement Fiscal Note: Local Government Impact, Fiscal Note: Appropriation Contained Herein or Fiscal Note: No; or
2. Otherwise, include the statement Fiscal Note: Yes, Fiscal Note: No, Fiscal Note: Executive Budget, Fiscal Note: Appropriation Contained Herein or Fiscal Note: Effect less than $2,000,
whichever is appropriate.
The legislative counsel shall consult the [research and] fiscal analysis division to secure appropriate information for bill summaries.
Sec. 12. NRS 218.2755 is hereby amended to read as follows:
218.2755 1. After a bill has been drafted, the [research and] fiscal analysis division shall inform the requester that a fiscal note is required when the draft is submitted to the requester for review. If the requester so directs, the [research and] fiscal analysis division shall promptly determine the agency to which the bill should be submitted and shall submit it for a fiscal note. If the requester is a legislator and desires to introduce the bill without a fiscal note, he may do so, but when the bill is introduced, the [research and] fiscal analysis division shall promptly determine the agency to which the bill is to be submitted and shall forward it to the agency to obtain the fiscal note.
2. The agency shall prepare the note in quadruplicate and return it within the required time to the [research and] fiscal analysis division.
Sec. 13. NRS 218.2756 is hereby amended to read as follows:
218.2756 1. If the fiscal note is obtained before the bill is introduced the [research and] fiscal analysis division shall submit a copy of the note to the requester. If the requester desires to introduce the bill, the legislative counsel shall attach a duplicate copy of the note to the bill and shall prepare the bill for introduction. The original, signed copy of the note shall be retained by the [research and] fiscal analysis division to be used as printers copy after the bill is introduced.
2. If the fiscal note is obtained after the bill has been introduced, the [research and] fiscal analysis division shall forward a duplicate copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the original, signed copy to the superintendent of the state printing and records division of the department of general services for the purposes of printing.
κ1977 Statutes of Nevada, Page 344 (CHAPTER 186, AB 271)κ
3. The triplicate copy of the fiscal note shall be retained by the [research and] fiscal analysis division.
4. The [research and] fiscal analysis division shall send a copy of the fiscal note to the chairman of the standing committee or committees to which the bill has been referred.
Sec. 14. NRS 218.2758 is hereby amended to read as follows:
218.2758 Any legislator may at any time while a bill is before his house raise the issue that such bill requires a fiscal note, and if the presiding officer determines that the bill requires a note he shall request the [legislative counsel] fiscal analysis division to obtain the note before further action is taken.
Sec. 15. NRS 218.620 is hereby amended to read as follows:
218.620 1. There is hereby created the Nevada legislative counsel bureau, which [shall consist] consists of a legislative commission, an interim finance committee, a director, an audit division, a fiscal analysis division, a legal division and a research [and fiscal analysis] division.
2. The legislative auditor [shall be] is chief of the audit division. The legislative counsel [shall be] is chief of the legal division. The research director [shall be] is chief of the research [and fiscal analysis] division. The director shall designate from time to time one of the fiscal analysts to be responsible for the administration of the fiscal analysis division.
3. The legislative commission shall:
(a) Appoint the director.
(b) Fix the compensation of the director [and] , each of the division chiefs [.] , and each fiscal analyst.
4. The director shall appoint the division chiefs and the fiscal analysts with the approval of the legislative commission.
5. The director may, with the consent of the legislative commission, designate one of the division chiefs or an employee of the legislative counsel bureau as deputy director, who shall serve as deputy director without additional compensation.
6. The director, officers and employees of the legislative counsel bureau [, the chiefs of the divisions and legislative counsel bureau employees] are entitled to receive, when engaged in official business for the legislative counsel bureau, travel expenses and subsistence allowances as provided by law.
Sec. 16. NRS 218.635 is hereby amended to read as follows:
218.635 1. The legislative commission shall, between sessions of the legislature, fix the work priority of all studies and investigations assigned to it by concurrent resolutions of the legislature within the limits of available time, money and staff. The legislative commission shall not make studies or investigations so directed by resolutions of only one house of the legislature.
2. Between sessions of the legislature no study or investigation [shall] may be initiated or continued by the fiscal analysts, the legislative auditor, the legislative counsel or the research director and their staffs except [such] studies and investigations which have been specifically authorized by concurrent resolutions of the legislature or by an order of the legislative commission. No study or investigation [shall] may be carried over from one session of the legislature to the next without additional authorization by a concurrent resolution of the legislature, except audits in progress, whose carryover has been approved by the legislative commission.
κ1977 Statutes of Nevada, Page 345 (CHAPTER 186, AB 271)κ
one session of the legislature to the next without additional authorization by a concurrent resolution of the legislature, except audits in progress, whose carryover has been approved by the legislative commission.
Sec. 17. NRS 218.683 is hereby amended to read as follows:
218.683 1. The director of the legislative counsel bureau, as executive head of the legislative counsel bureau, shall direct and supervise all its administrative and technical activities. The fiscal analysts, legislative auditor, research director and legislative counsel shall perform the respective duties assigned to them by law under the administrative supervision of the director.
2. Except as otherwise provided in this section, the director of the legislative counsel bureau shall, consistent with the budget approved by the legislative commission and within the limits of legislative appropriations and other available funds, employ and fix the salaries of or contract for the services of such professional, technical, clerical and operational personnel and consultants as the execution of his duties and the operation of the legislative counsel bureau may require.
3. All of the personnel of the legislative counsel bureau are exempt from the provisions of chapter 284 of NRS. They are entitled to such leaves of absence as the legislative commission shall prescribe.
Sec. 18. NRS 218.687 is hereby amended to read as follows:
218.687 Upon the request of [the director of the legislative counsel bureau,] a fiscal analyst or his duly authorized representative, every elective state officer in the State of Nevada, every board or commission provided for by the laws of the State of Nevada, every head of each and every department in the State of Nevada, and every employee or agent thereof, acting by, for, or on account of any such office, board, commission or officer receiving, paying or otherwise controlling any public funds in the State of Nevada, in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government of the United States or any branch, bureau, or agency thereof, or funds received from private or other source, shall make available to the [director of the legislative counsel bureau] requester all books, papers, information and records of a public nature under their control necessary or convenient to the proper discharge of the duties of the [director of the legislative counsel bureau] fiscal analysis division under this chapter.
Sec. 19. NRS 218.731 is hereby amended to read as follows:
218.731 The research director [of the legislative counsel bureau] shall:
1. Provide the legislature and the members and committees thereof with comprehensive and accurate research reports and background papers on subjects of legislative interest.
2. Analyze and evaluate the long-range planning activities and programs of the State of Nevada and its political subdivisions when authorized by the legislature, the legislative commission or the director of the legislative counsel bureau.
3. Analyze and evaluate the public policies of the State of Nevada and its political subdivisions and make appropriate recommendations regarding such policies when authorized by the legislature, the legislative commission or the director of the legislative counsel bureau.
κ1977 Statutes of Nevada, Page 346 (CHAPTER 186, AB 271)κ
4. Serve as the Nevada legislative federal-state coordinator.
5. [Thoroughly examine all departments of the state government with special regard to their activities and the duplication of efforts between departments.
6. Recommend to the legislature any suggested changes looking toward economy and the elimination of inefficiency in government.
7. Ascertain facts and make recommendations to the legislature concerning the state budget and the estimates of the expenditure requirements of the state departments.
8. Make projections of future public revenues for the use of the legislature.
9. Analyze the past history and probable future trend of the states financial position in order that a sound fiscal policy may be developed and maintained for the State of Nevada.
10. Analyze appropriation bills, revenue bills, and bills having a fiscal impact upon the operation of the government of the State of Nevada or its political subdivisions.
11.] Advise the legislature and the members and committees thereof regarding matters of a [fiscal or] research nature.
[12.] 6. Perform such other functions as may be assigned to the research division by the legislature, the legislative commission or the director of the legislative counsel bureau.
Sec. 20. NRS 284.173 is hereby amended to read as follows:
284.173 1. Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.
2. An independent contractor is a person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Such expenses shall not be paid under the provisions of NRS 281.160.
(b) There shall be no:
(1) Withholding of income taxes by the state;
(2) Industrial insurance coverage provided by the state;
(3) Participation in group insurance plans which may be available to employees of the state;
(4) Participation or contributions by either the independent contractor or the state to the public employees retirement system;
(5) Accumulation of vacation leave or sick leave.
4. An independent contractor is not in the classified or unclassified service of the state, and shall have none of the rights or privileges available to officers or employees of the State of Nevada.
5. Each contract for the services of an independent contractor shall be in writing. The form of the contract shall be first approved by the attorney general, and, except as provided in subsection 7, an executed copy of each contract shall be filed with the [research and] fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners.
κ1977 Statutes of Nevada, Page 347 (CHAPTER 186, AB 271)κ
of each contract shall be filed with the [research and] fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners.
6. Except as provided in subsection 7, and excepting contracts entered into by the University of Nevada, each proposed contract with an independent contractor shall be submitted to the state board of examiners. Such contracts shall not become effective without the prior approval of the state board of examiners. The state board of examiners shall adopt regulations implementing the provisions of this section.
7. Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:
(a) Contracts executed by the department of highways for any work of construction or reconstruction of highways.
(b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings.
(c) Contracts executed with companies, corporations or groups of individuals for any work of maintenance or repair of office machines and equipment.
Sec. 21. NRS 353.205 is hereby amended to read as follows:
353.205 The state budget for each fiscal year shall be set up in three parts, namely:
1. Part 1 shall consist of a budget message by the governor which shall outline the financial policy of the executive department of the state government for the next 2 fiscal years, describing in connection therewith the important features of the financial plan. It shall also embrace a general budget summary setting forth the aggregate figures of the budget in such manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general budget summary shall be supported by explanatory schedules or statements, classifying the expenditures contained therein by organization units, objects and funds, and the income by organization units, sources and funds.
2. Part 2 shall embrace the detailed budget estimates both of expenditures and revenues as provided in NRS 353.150 to 353.246, inclusive. It shall also include statements of the bonded indebtedness of the state government, showing the debt redemption requirements, the debt authorized and unissued, and the condition of the sinking funds. In addition thereto, it shall contain any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.
3. Part 3 shall include the general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the executive department of the state government for the next 2 fiscal years, and may include complete drafts of such other bills as may be required to provide the income necessary to finance the budget and to give legal sanction to the financial plan if and when adopted by the legislature.
κ1977 Statutes of Nevada, Page 348 (CHAPTER 186, AB 271)κ
As soon as each part is prepared, a copy of the part shall be transmitted to the [research director] fiscal analysis division of the legislative counsel bureau for [his] confidential examination and retention.
Sec. 22. NRS 353.210 is hereby amended to read as follows:
353.210 1. Except as provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state funds, fees or other moneys under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms, accompanied by every supporting schedule and any other related material, be delivered directly to the [research director] fiscal analysis division of the legislative counsel bureau on or before September 1 of each even-numbered year. The [research director] fiscal analysis division of the legislative counsel bureau shall be given advance notice of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and [the research director] a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.
2. The expenditure estimates shall be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its funds be derived from state funds or from other moneys collected under the authority of the state, [shall fail or neglect] fails or neglects to submit estimates of its expenditure requirements as herein provided, the chief shall have power and authority, from any data at hand in his office or which, in his discretion, he may examine or obtain elsewhere, to make and enter an arbitrary budget for such department, institution or agency in accordance with such data as he may have at hand or obtain.
3. Agencies, bureaus, commissions and officers of the legislative department, the public employees retirement system and the judicial department of the state government shall, at the request of the chief, submit to him for his information in preparing the executive budget the budgets which they propose to submit to the legislature.
Sec. 23. NRS 353.215 is hereby amended to read as follows:
353.215 1. Not later than June 1 of each year the governor shall require the head of each department, institution and agency of the executive department of the state government to submit to him through the chief a work program for the ensuing fiscal year. Such program shall:
κ1977 Statutes of Nevada, Page 349 (CHAPTER 186, AB 271)κ
(a) Include all appropriations or other funds from any source whatever made available to the department, institution or agency for its operation and maintenance and for the acquisition of property.
(b) Show the requested allotments of appropriations or other funds by month or other period as the chief may require for the entire fiscal year.
2. The governor, with the assistance of the chief, shall review the requested allotments with respect to the work program of each department, institution or agency, and the governor shall, if he deems it necessary, revise, alter or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriations or other funds from any source whatever made available to the department, institution or agency for the fiscal year in question.
3. The chief shall transmit a copy of the allotments as approved by the governor to the head of the department, institution or agency concerned, to the state treasurer, to the state controller and to the [research director] fiscal analysis division of the legislative counsel bureau.
4. All expenditures to be made from the appropriations or other funds from any source whatever shall be made on the basis of such allotments and not otherwise, and shall be broken down into such classifications as the chief may require.
Sec. 24. NRS 353.230 is hereby amended to read as follows:
353.230 1. The chief shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as he may deem necessary in view of the needs of the various departments, institutions and agencies in the executive department of the state government and the total anticipated income of the state government and of the various departments, institutions and agencies thereof during the next fiscal year.
2. [The research director] A fiscal analyst of the legislative counsel bureau or his designated representative shall meet with the chief and participate in the budget review and shall have full access to all materials connected with the review.
3. The chief shall then prepare a budget, in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver it to the governor. The governor shall transmit such budget to the legislature not later than the 10th day of the regular legislative session.
4. During the consideration of the general appropriation bill, the special appropriation bills and the bills authorizing budgeted expenditures by the departments, institutions and agencies operating on funds designated for specific purposes by the constitution or otherwise, submitted by the governor with the budget, the governor or his representative shall have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.
Sec. 25. NRS 387.013 is hereby amended to read as follows:
387.013 [On and after July 1, 1970, the] The state controller shall, each quarter, prepare a complete financial report of the state permanent school fund. A copy of this report shall be submitted to the state board of finance and to the [research director] fiscal analysis division of the legislative counsel bureau.
κ1977 Statutes of Nevada, Page 350 (CHAPTER 186, AB 271)κ
Sec. 26. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act, if reference is made to:
1. The former research and fiscal analysis division of the legislative counsel bureau, replace it with an appropriate reference to the fiscal analysis division or the research division, according to the function performed.
2. The research director in a fiscal capacity, replace it with an appropriate reference to a fiscal analyst or to the fiscal analysis division.
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Assembly Bill No. 142Committee on Health and Welfare
CHAPTER 187
AN ACT relating to vital statistics; providing for their standardization on a national or regional basis; extending the authority to sign birth and death certificates; and providing other matters properly relating thereto.
[Approved April 15, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 440.280 is hereby amended to read as follows:
440.280 1. [The attending physician or midwife shall file a certificate of birth, properly and completely filled out, giving all the particulars required by this chapter, with the local health officer of the registration district in which the birth occurred within 10 days after the date of birth. If no physician or midwife was in attendance, then the father or mother, householder or owner of the premises, manager or superintendent of the public or private institution in which the birth occurred shall notify the local health officer, within 10 days after the birth, of the fact that a birth has occurred. The local health officer shall then secure the necessary information and signature to make a proper certificate of birth.
2.] If a birth occurs in a hospital or the mother and child are immediately transported to a hospital, the person in charge of the hospital or his designated representative shall obtain the necessary information, prepare a birth certificate, secure the signatures required by the certificate and file it within 10 days with the health officer of the registration district where the birth occurred. The physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within 72 hours after the birth. If the physician does not certify to the fact of birth within the required 72 hours, the person in charge of the hospital or his designated representative shall complete and sign the certification.
2. If a birth occurs outside a hospital and the mother and child are not immediately transported to a hospital, the birth certificate shall be prepared and filed by one of the following persons in the following order of priority:
(a) The physician in attendance at or immediately after the birth;
(b) Any other person in attendance at or immediately after the birth;
κ1977 Statutes of Nevada, Page 351 (CHAPTER 187, AB 142)κ
(c) The father, mother or, if the father is absent and the mother is incapacitated, the person in charge of the premises where the birth occurred.
3. In cities, the certificate of birth shall be filed at a less interval than 10 days after the birth if so required by municipal ordinance or regulation now in force or which may hereafter be enacted.
[3. If] 4. Unless paternity has been determined otherwise by a court of competent jurisdiction, if the mother was: [married]
(a) Married at the time of birth, the name of her husband shall be entered on the certificate as the father of the child. [unless paternity has been determined otherwise by a court of competent jurisdiction.
4.] (b) Unmarried or widowed at the time of birth but married at the time of conception, the name of her husband at the time of conception shall be entered on the certificate as the father of the child.
5. If the mother was unmarried at the time of birth [,] and conception, the name of the father shall be entered on the original certificate of birth if the father executes an affidavit acknowledging paternity of the child and the mother consents thereto. If both the father and mother execute an affidavit acknowledging paternity of the child and consenting to the use of the surname of the father as the surname of the child, the name of the father shall be entered on the original certificate of birth and the surname of the father shall be entered thereon as the surname of the child. Affidavits executed pursuant to this subsection shall be submitted to the local health officer, his authorized representative, or the attending physician or midwife prior to the time a proper certificate of birth is forwarded to the state registrar. The affidavits executed pursuant to this subsection shall then be delivered to the state registrar for filing. The state registrars file of affidavits shall be sealed and affidavits in the file may be examined only upon order of a court of competent jurisdiction or request of either the father or mother executing the affidavit. The local health officer shall complete the original certificate of birth in accordance with this subsection and other provisions of this chapter. The name of the father shall not otherwise appear on the original certificate of birth unless paternity has been determined by a court of competent jurisdiction.
[5.] 6. If a determination of paternity has been made by a court of competent jurisdiction, the name of the father as determined by the court shall be entered on the certificate.
Sec. 2. NRS 440.290 is hereby amended to read as follows:
440.290 The form of the birth certificate to be used under this chapter shall include as a minimum the items required by the standard certificate of live birth as recommended by the [National Center for Health Statistics of the] United States Public Health Service, but no certificate to be used under this chapter shall include any notation of legitimacy or illegitimacy. The entry of the name of the father of a child or of the surname of the father as the surname of the child on the certificate of birth pursuant to [subsection 4 of] NRS 440.280 shall not be considered a notation of legitimacy or illegitimacy within the meaning of this section.
Sec. 3. NRS 440.350 is hereby amended to read as follows:
440.350 The certificate of death or of stillbirth that shall be used is the standard form approved by the United States [Bureau of the Census.] Public Health Service.
κ1977 Statutes of Nevada, Page 352 (CHAPTER 187, AB 142)κ
Sec. 4. NRS 440.380 is hereby amended to read as follows:
440.380 1. The medical certificate of the death shall be signed by the physician, if any, last in attendance on the deceased, [who] or pursuant to regulations which may be issued by the board, it may be signed by the attending physicians associate physician, the chief medical officer of a hospital or institution in which death occurred, or the pathologist who performed an autopsy upon the deceased. The person who signs the medical certificate of death shall specify:
(a) The time in attendance.
(b) The time he last saw the deceased alive.
(c) The hour of the day at which death occurred.
(d) The cause of death, so as to show the cause of disease or sequence of causes resulting in death, giving first the name of the disease causing death (primary cause), and the contributory (secondary) cause, if any, and the duration of each.
2. In deaths in hospitals or institutions, or of nonresidents, the physician shall furnish the information required under this section, and may state where, in his opinion, the disease was contracted.
Sec. 5. NRS 440.420 is hereby amended to read as follows:
440.420 1. In case of any death occurring without medical attendance, the undertaker shall notify the local health officer of such death and refer the case to him for immediate investigation and certification. [prior to issuing the burial permit.]
2. Where there is no qualified physician in attendance, and in such cases only, the local health officer is authorized to make the certificate and return from the statements of relatives or other persons having adequate knowledge of the facts.
3. If the death was caused by unlawful or suspicious means, the local health officer shall then refer the case to the coroner for investigation and certification.
4. In counties which have adopted an ordinance authorizing a coroners examination in cases of sudden infant death syndrome, the undertaker shall notify the local health officer whenever the cause or suspected cause of death is sudden infant death syndrome. The local health officer shall then refer the case to the coroner for investigation and certification.
5. The coroner or his deputy may certify the cause of death in any case which is referred to the coroner by the local health officer or pursuant to a local ordinance.
Sec. 6. NRS 440.490 is hereby amended to read as follows:
440.490 The undertaker or person acting as undertaker shall present the completed certificate to the local health officer. [in order to obtain a permit for burial, removal or other disposition of the body.]
Sec. 7. NRS 440.500 is hereby amended to read as follows:
440.500 1. Except as provided in [subsection 2,] subsections 2 and 3, if a certificate of death is properly executed and complete, the local health officer shall then issue a burial or removal permit to the undertaker. Such permit shall indicate the name of the cemetery, mausoleum, columbarium or other place of burial where the human remains will be interred, inurned or buried.
2. In case the death occurred from some disease that is held by the board to be infectious, contagious, or communicable and dangerous to the public health, no permit for the removal or other disposition of the body shall be granted by the local health officer except under such conditions as may be prescribed by the board.
κ1977 Statutes of Nevada, Page 353 (CHAPTER 187, AB 142)κ
the public health, no permit for the removal or other disposition of the body shall be granted by the local health officer except under such conditions as may be prescribed by the board.
3. The board may by regulation provide for the issuance of the burial transit permit prior to the filing of the completed death certificate if that requirement would result in undue hardship.
Sec. 8. NRS 440.540 is hereby amended to read as follows:
440.540 [The] 1. Except as provided in subsection 2, the body of any person whose death occurs in this state shall not be interred, deposited in a vault or tomb, cremated or otherwise disposed of, removed from or into any registration district, or be held temporarily pending a further disposition more than 72 hours after death, until a permit for burial or removal or other disposition thereof [shall have] has been properly issued by the local health officer of the registration district in which the death occurred.
2. If the person who is to certify the cause of death consents, a body may be moved from the place of death into another registration district to be prepared for final disposition.
Sec. 9. NRS 440.550 is hereby amended to read as follows:
440.550 [No burial or removal permit shall be issued by any local health officer until a complete and satisfactory certificate of death has been filed with him, except that when] When a dead body is transported by a common carrier into a local health district in Nevada for burial, the transit and removal permit, issued in accordance with the law and health regulations of the place where the death occurred, shall be accepted by the local health officer of the district into which the body has been transported for burial or other disposition [,] as a basis upon which he shall issue a local burial permit in the same way as if the death occurred in his district. He shall plainly enter upon the face of the burial permit the fact that it was a body shipped in for interment, and give the actual place of death.
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Assembly Bill No. 513Committee on Ways and Means
CHAPTER 188
AN ACT making an appropriation to the state public works board for certain improvements to be made at the Nevada state prison in Carson City, Nevada; and providing other matters properly relating thereto.
[Approved April 15, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund the sum of $8,522,400 to the state public works board for the following improvements to the Nevada state prison in Carson City:
1. New plumbing fixtures and electrical systems in certain existing cell blocks.
κ1977 Statutes of Nevada, Page 354 (CHAPTER 188, AB 513)κ
2. Enlargement of the old quarry to provide an athletic field.
3. Rehabilitation of the yard area.
4. Air-conditioning for the dining hall.
5. Renovation of the existing old buildings.
6. Construction of new living units, a new administration building and new vocational shop buildings.
7. Additional improvements and materials for the Nevada state prison maximum security facility.
Sec. 2. The state public works board shall prepare the plans, specifications and contract documents necessary to carry out the provisions of this act.
Sec. 3. The state public works board shall employ competent architects and structural, mechanical and electrical engineers for the preparation of plans and specifications and prepare contract documents.
Sec. 4. All plans and specifications shall be approved by the state public works board, and each proposed contract relating to the construction authorized in section 1 shall be approved by the attorney general.
Sec. 5. Except as provided in section 6 of this act, the state public works board shall advertise for sealed bids for each project listed in section 1 in a newspaper of general circulation in the State of Nevada. Approved plans and specifications shall be filed at a place and time stated in the advertisement for inspection by interested persons. The board may accept bids on the whole or parts of each project, and let separate contracts or combination contracts for structural, mechanical and electrical construction if savings will result. Any and all bids may be rejected for any good reason.
Sec. 6. The state public works board may solicit bids from two or more contractors doing business in the area for projects with an estimated cost of less than $5,000 without advertising, and may award the contract to the lowest bidder or reject all bids.
Sec. 7. This act shall become effective upon passage and approval.
__________
Assembly Bill No. 511Assemblymen Jacobsen and Glover
CHAPTER 189
AN ACT to amend an act entitled An Act relating to Carson City; consolidating Ormbsy County and Carson City into one municipal government to be known as Carson City; providing a charter therefor; and providing other matters properly relating thereto, approved April 1, 1969, as amended.
[Approved April 15, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5.100 of Article V of the above-entitled act, being chapter 213, Statutes of Nevada 1969, at page 306, is hereby amended to read as follows:
Sec. 5.100 Election returns; canvass; certificates of election; entry of officers upon duties.
κ1977 Statutes of Nevada, Page 355 (CHAPTER 189, AB 511)κ
1. The election returns from any special, primary or general municipal election shall be filed with the clerk who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the board.
2. The board shall meet within [5] 10 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the clerk for 6 months and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the board.
3. The clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in January next following their election.
__________
Assembly Bill No. 488Assemblymen May, Schofield, Hickey, Kissam, Mann, Ross, Harmon, Hayes, Sena, Murphy, Price, Brookman, Westall, Goodman and Polish
CHAPTER 190
AN ACT relating to the state flag, song and emblems; designating silver as the official state metal.
[Approved April 15, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 235 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The metallic element known as silver (Ag) is hereby designated as the official state metal of the State of Nevada.
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Assembly Bill No. 486Committee on Government Affairs
CHAPTER 191
AN ACT relating to counties; authorizing boards of county commissioners to apply for and accept grants of rights-of-way pursuant to federal statutes and regulations; and providing other matters properly relating thereto.
[Approved April 15, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of county commissioners may apply for and accept grants of rights-of-way or permits and subsequent renewals of grants of rights-of-way or permits over, upon, under or through any land or interest in land owned by the United States and administered by the Secretary of the Interior through the Bureau of Land Management and by the Secretary of Agriculture with respect to lands within the National Forest System, pursuant to Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
κ1977 Statutes of Nevada, Page 356 (CHAPTER 191, AB 486)κ
of rights-of-way or permits and subsequent renewals of grants of rights-of-way or permits over, upon, under or through any land or interest in land owned by the United States and administered by the Secretary of the Interior through the Bureau of Land Management and by the Secretary of Agriculture with respect to lands within the National Forest System, pursuant to Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. §§ 1761-1771), and in connection therewith to comply with federal regulations and stipulations consistent with Title V of the Federal Land Policy and Management Act of 1976 or any other applicable federal statute.
Sec. 2. NRS 403.420 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
__________
Assembly Bill No. 203Assemblymen Mello, Robinson, Demers, Howard, May, Westall, Kissam, Dini, Jacobsen, Weise, Murphy, Gomes, Harmon, Vergiels, Hayes and Brookman
CHAPTER 192
AN ACT relating to vehicle licensing and registration; providing for the replacement of license plates with the same number as the plates replaced; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.270 is hereby amended to read as follows:
482.270 1. The director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may, in his discretion, substitute white in place of silver when no suitable material is available.
2. The director may determine and vary the size, shape and form and the material of which license plates shall be made, but each license plate shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates shall be so treated as to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, shall be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
3. Every license plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and:
(a) If issued for a calendar year, such year.
(b) If issued for a registration period other than a calendar year, the month and year such registration expires.
4. The registration numbers assigned to passenger cars shall be coded for Carson City and the several counties and consecutively numbered.
κ1977 Statutes of Nevada, Page 357 (CHAPTER 192, AB 203)κ
coded for Carson City and the several counties and consecutively numbered. The code letters shall be at the left of the number plate, as follows:
Carson City, OR or ORA to ORZ, inclusive, and when exhausted OAA to OZZ, inclusive; [, except the series ORA to ORZ;]
Churchill, CH or CHA to CHZ, inclusive, and when exhausted FAA to FZZ, inclusive;
Clark, C or CA to CZ, inclusive, or CAA to CZZ, inclusive;
Douglas, DS or DSA to DSZ, inclusive, and when exhausted DAA to DZZ, inclusive;
Elko, EL or ELA to ELZ, inclusive, and when exhausted EAA to EZZ, inclusive, except the respective series [ELA to ELZ,] ESA to ESZ and EUA to EUZ;
Esmeralda, ES or ESA to ESZ, inclusive;
Eureka, EU or EUA to EUZ, inclusive;
Humboldt, HU or HUA to HUZ, inclusive;
Lander, LA or LAA to LAZ, inclusive;
Lincoln, LN or LNA to LNZ, inclusive;
Lyon, LY or LYA to LYZ, inclusive, and when exhausted LBB to LZZ, inclusive;
Mineral, MN or MNA to MNZ, inclusive, and when exhausted MAA to MZZ, inclusive;
Nye, NY or NYA to NYZ, inclusive, and when exhausted NAA to NZZ, inclusive; [, except the series NYA to NYZ;]
Pershing, PE or PEA to PEZ, inclusive, and when exhausted PAA to PZZ, inclusive;
Storey, ST or STA to STZ, inclusive;
Washoe, W or WAA to WZZ, inclusive; and
White Pine, WP or WPA to WPZ, inclusive, and when exhausted ZAA to ZZZ, inclusive.
Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles and motorcycles, as may be determined; but the letters I and Q shall not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, shall be used for Carson City and each county as the need may be. The letters H, I, O, P, Q and U shall not be used as the second letter in Clark and Washoe counties.
5. The director shall first exhaust the code letters containing the fewest letters before assigning any additional letter.
6. No number plates may contain more than six letters and numbers in combination.
7. All letters and numbers shall be of the same size.
8. The director may omit letters added to a single- or double-letter county code when appropriate to avoid misleading or offensive combinations.
Sec. 2. NRS 482.273 is hereby amended to read as follows:
482.273 1. The director shall order the preparation of vehicle license plates for trucks in the same manner as provided for passenger cars in NRS 482.270.
κ1977 Statutes of Nevada, Page 358 (CHAPTER 192, AB 203)κ
2. The registration numbers assigned to trucks, after January 1, 1970, shall be coded for Carson City and the several counties and consecutively numbered. The code letters and numbers assigned shall be as follows:
Carson City, OA0001 to OZ9999, inclusive;
Churchill, AA0001 to AZ9999, inclusive;
Clark, BA0001 to BZ9999, inclusive, and when exhausted YA0001 to YZ0001, inclusive;
Douglas, DA0001 to DZ9999, inclusive, except DS0001 to DS9999, inclusive;
Elko, EA0001 to EZ9999, inclusive, except EL0001 to EL9999, inclusive;
Esmeralda, FA0001 to FZ9999, inclusive;
Eureka, GA0001 to GZ9999, inclusive;
Humboldt, HA0001 to HZ9999, inclusive, except HU0001 to HU9999, inclusive;
Lander, JA0001 to JZ9999, inclusive;
Lincoln, KA0001 to KZ9999, inclusive;
Lyon, LB0001 to LZ9999, inclusive;
Mineral, MA0001 to MZ9999, inclusive, except MN0001 to MN9999, inclusive;
Nye, NA0001 to NZ9999, inclusive, except NY0001 to NY9999, inclusive;
Pershing, PA0001 to PZ9999, inclusive, except PE0001 to PE9999, inclusive;
Storey, SA0001 to SZ9999, inclusive;
Washoe, WA0001 to WZ9999, inclusive, XA0001 to XZ9999, inclusive, except XO0001 to XO9999, inclusive; and
White Pine, ZA0001 to ZZ9999, inclusive.
3. Any license plates issued for a truck prior to July 1, 1971, bearing a different designation than that provided for in this section, [shall be] is valid during the period for which such plates, including extensions by sticker, by replacement, or both, were issued.
Sec. 3. NRS 482.285 is hereby amended to read as follows:
482.285 1. If any certificate of registration or certificate of ownership is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information [of such fact] satisfactory to the department and upon payment of the required fees.
2. If any special license plate or plates issued pursuant to NRS 482.3667, 482.368, 482.370, 482.373, [or] 482.374, 482.375, 482.376, 482.380 or 482.381 are lost, mutilated or illegible, the person to whom such plate or plates were issued shall immediately make application for and obtain a duplicate or substitute license plate or plates [.] upon furnishing information satisfactory to the department and upon payment of the required fees.
3. If any license plate or plates, other than those provided for in subsection 2, or any decal is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon:
κ1977 Statutes of Nevada, Page 359 (CHAPTER 192, AB 203)κ
it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon:
(a) Furnishing information [of such fact] satisfactory to the department; and
(b) Payment of the fees required by NRS 482.500.
4. The department shall issue duplicate or substitute plates if the applicant:
(a) Returns the mutilated or illegible plates to the department or certifies under oath that the plates were lost or stolen;
(b) Received the plates during the complete issuance of new license plates in 1968 and 1969; and
(c) Makes application for renewal of registration. Credit shall be allowed for the portion of the registration fee and privilege tax attributable to the remainder of the current registration period.
Sec. 4. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as provided in subsection 2, whenever any duplicate or substitute certificate of registration or ownership, decal or number plate is issued upon application, the following fees shall be paid:
For a certificate of registration or ownership.................................................... $2.00
For every substitute number plate........................................................................ 2.00
For every duplicate number plate...................................................................... 7.50
For every decal (license plate sticker or tab)...................................................... 1.00
2. [No fee shall] A fee of $2 shall be paid for a duplicate plate of a special plate issued pursuant to NRS 482.3667, 482.375, 482.376 or 482.380. A fee shall not be charged for a duplicate plate or plates issued under NRS 482.368, 482.370, 482.373 or 482.374.
3. The fee which is paid for a duplicate number plate shall be deposited to the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plate.
Sec. 5. If a registration number within any of the series provided for passenger cars and trucks by NRS 482.270 and 482.273 as amended by this act has been assigned to any person and has not subsequently been reassigned to another person, the person to whom it was assigned may obtain new plates bearing that number:
1. If the vehicle on which the plates are to be used is currently registered in this state, by surrendering the plates last issued for it and paying a transfer fee of $2.
2. If the vehicle on which the plates are to be used is not currently so registered, by paying the registration fee and privilege tax required by law for the vehicle.
An application for plates pursuant to this section must be made on or before June 30, 1979.
__________
κ1977 Statutes of Nevada, Page 360κ
Assembly Bill No. 383Assemblymen Bremner, Barengo, Hayes and Dini
CHAPTER 193
AN ACT relating to habitual criminals; providing that sentences to life imprisonment shall be with or without the possibility of parole; prescribing the minimum term of imprisonment before eligibility for parole begins in cases where the sentence allows the possibility of parole; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 207.010 is hereby amended to read as follows:
207.010 1. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who [shall previously have] has previously been twice convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who [shall previously have] has previously been three times convicted, whether in this state or elsewhere, or petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be adjudged to be an habitual criminal and shall be punished by imprisonment in the state prison for not less than 10 years nor more than 20 years.
2. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who [shall previously have] has previously been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who [shall previously have] has previously been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in the state prison for life [.] with or without possibility of parole. If the penalty fixed by the court is life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
3. Conviction under this section [shall operate] operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
4. It is within the discretion of the district attorney whether or not to include a count under this section in any information, and the trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.
5. In proceedings under this section, each previous conviction shall be alleged in the accusatory pleading charging the primary offense, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of such conviction be read in the presence of a jury trying such offense.
6. If a defendant charged under this section is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of such previous conviction after hearing all relevant evidence presented on such issue by the prosecution and the defendant.
κ1977 Statutes of Nevada, Page 361 (CHAPTER 193, AB 383)κ
after hearing all relevant evidence presented on such issue by the prosecution and the defendant. The court shall impose sentence pursuant to subsections 1 and 2 of this section upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality.
7. Nothing in this section limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.
8. Presentation of an exemplified copy of a felony conviction [shall be] is prima facie evidence of conviction of a prior felony.
__________
Assembly Bill No. 143Committee on Health and Welfare
CHAPTER 194
AN ACT relating to dead bodies; making it unlawful generally to require human remains to be embalmed before their final disposition; providing a penalty; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 451.065 is hereby amended to read as follows:
451.065 1. No crematory [shall make or enforce any rules requiring] may require that human remains be placed in a casket before cremation or that human remains be cremated in a casket, [nor shall a crematory] or refuse to accept human remains for cremation because they are not in a casket. This section does not prohibit a crematory from requiring some type of container or disposal unit for cremation. [Any person who violates this section is guilty of a misdemeanor.]
2. No crematory, funeral home, cemetery or other place which accepts human remains for disposition may require the remains to be embalmed or otherwise prepared prior to their disposition by cremation, interment or otherwise, or before their removal from or into any registration district. The state board of health may require embalming or other preparations if necessary to protect the public.
3. Any person who violates this section is guilty of a misdemeanor.
__________
κ1977 Statutes of Nevada, Page 362κ
Assembly Bill No. 44Assemblymen Barengo, Wagner, Hickey, Mann and Schofield
CHAPTER 195
AN ACT relating to judicial training; transferring certain responsibilities to the court administrator; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 4.035 is hereby amended to read as follows:
4.035 1. The [clerk of the supreme court] court administrator shall, at the direction of the chief justice [,] of the supreme court, arrange for the giving of instruction, at the National College of [State Trial Judges] the State Judiciary in Reno, Nevada, or elsewhere:
[1.] (a) In court procedure, [record-keeping] recordkeeping and the elements of substantive law appropriate to a justices court, to each justice of the peace who is first elected or appointed to office after July 1, 1971, and to other justices of the peace who so desire and who can be accommodated, between each general election and January 1 next following.
[2.] (b) In statutory amendments and other developments in the law appropriate to a justices court, to all justices of the peace at convenient intervals.
[3.] 2. Each county shall pay to the supreme court the countys pro rata share of the costs of such instruction as budgeted for pursuant to the Local Government Budget Act.
Sec. 2. NRS 4.036 is hereby amended to read as follows:
4.036 1. Each justice of the peace who is first elected or appointed to office after [the effective date of this act] July 1, 1971, shall attend the instruction provided pursuant to NRS 4.035, on the first occasion when such instruction is offered after his election or appointment, unless excused by written order of a judge of the district court in and for his county, which shall be filed with the [clerk of the supreme court.] court administrator. Such order is final for all purposes.
2. If a justice of the peace fails to attend such instruction without securing a written order pursuant to subsection 1, he forfeits his office.
Sec. 3. NRS 5.025 is hereby amended to read as follows:
5.025 1. The [clerk of the supreme court of Nevada] court administrator shall, at the direction of the chief justice [,] of the supreme court, arrange for the giving of instruction, at the National College of [State Trial Judges] the State Judiciary in Reno, Nevada, or elsewhere:
[1.] (a) In court procedure, [record-keeping] recordkeeping and the elements of substantive law appropriate to a municipal court, to each police judge or municipal judge who is first elected or appointed to office after July 1, 1971, and to other such judges who so desire and who can be accommodated, between each election designated for the election of such judges and the date of entering office.
[2.] (b) In statutory amendments and other developments in the law appropriate to a municipal court, to all such judges at convenient intervals.
κ1977 Statutes of Nevada, Page 363 (CHAPTER 195, AB 44)κ
[3.] 2. Each city shall pay to the supreme court the citys pro rata share of the costs of such instruction as budgeted for pursuant to the Local Government Budget Act.
Sec. 4. NRS 5.026 is hereby amended to read as follows:
5.026 1. Each police judge or municipal judge who is first elected or appointed to office after July 1, 1971, shall attend the instruction provided pursuant to NRS 5.025, on the first occasion when such instruction is offered after his election or appointment, unless excused by written order of a judge of the district court in and for the county where such city is situated, which shall be filed with the [clerk of the supreme court.] court administrator. Such order is final for all purposes.
2. If a police judge or municipal judge fails to attend such instruction without securing a written order pursuant to subsection 1, he forfeits his office.
__________
Assembly Bill No. 17Assemblymen Demers, Banner and Harmon
CHAPTER 196
AN ACT relating to the metropolitan police commission; changing the composition of the commission; requiring the commission to provide and maintain certain jails; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 280 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Upon creation of a police commission in those counties which have only one participating city, three members of the police commission shall serve for a term of 2 years and the remaining members of the police commission shall serve for a term of 1 year. Thereafter all members of the police commission shall serve for terms of 2 years.
2. Upon creation of a police commission in those counties which have more than one participating city, three members of the police commission shall serve for a term of 2 years and the remaining members of the commission shall serve for a term of 1 year. Thereafter all members of the police commission shall serve for terms of 2 years.
3. The initial terms of office of police commission members shall be so ordered that to each political subdivision which is entitled to three members there is allotted at least one term of office of 2 years.
4. The sheriff shall hold office as a member of the police commission during his term of office as sheriff of the county.
Sec. 3. 1. In those counties which have:
(a) Only one participating city, the county and the city shall pay equal shares of the total capital and operating costs of the department.
(b) More than one participating city, the governing bodies of the various participating political subdivisions shall, in determining the amounts of their respective budget items allocated to law enforcement, apportion among all the participating political subdivisions the total anticipated capital and operating costs of the department, as submitted by the police commission, on the basis of a formula which has been approved by the Nevada tax commission.
κ1977 Statutes of Nevada, Page 364 (CHAPTER 196, AB 17)κ
their respective budget items allocated to law enforcement, apportion among all the participating political subdivisions the total anticipated capital and operating costs of the department, as submitted by the police commission, on the basis of a formula which has been approved by the Nevada tax commission.
2. This formula shall take into account all meaningful factors which will produce an equitable distribution of costs among the participating political subdivisions, including but not limited to, comparative:
(a) Population statistics.
(b) Geographic extent of the participating incorporated and unincorporated areas.
(c) Transient population of each of the participating political subdivisions. The number of available hotel and motel rooms in each political subdivision may be considered in determining transient populations.
(d) Historical crime statistics.
(e) Law enforcement requirements of the respective participating political subdivisions.
For the purpose of this subsection, the population, area and facilities attributable to a county do not include the population, areas or facilities of the cities within such county.
Sec. 4. NRS 280.010 is hereby amended to read as follows:
280.010 1. The legislature finds:
(a) That there is substantial duplication of functions, manpower and expenses between the city and county law enforcement agencies in this state.
(b) That merger of city and county law enforcement agencies would increase the efficiency of such agencies by increasing communication facilities, lowering purchasing costs and coordinating law enforcement efforts throughout metropolitan areas.
[(c) That the best community interest can be served by delegating ultimate police commission responsibilities to the board of county commissioners.]
2. It is the purpose of this chapter to provide the means whereby the respective law enforcement agencies of the cities and counties in this state may merge into county-wide metropolitan police departments.
Sec. 5. NRS 280.070 is hereby amended to read as follows:
280.070 Police commission means [a board of county commissioners serving, ex officio, as] a metropolitan police commission.
Sec. 6. NRS 280.130 is hereby amended to read as follows:
280.130 [The board of county commissioners shall serve, ex officio, as the metropolitan police commission.]
1. The metropolitan police commission consists of the sheriff of the county and representatives from the county and from each participating city.
2. Except as provided in subsection 3, the county and each participating city are entitled to one representative on the commission for each 47,000 persons residing within the boundaries of the county or of the city. In determining the number of representatives:
(a) A participating political subdivision is not entitled to an additional representative for any fraction of the population which is less than 47,000; and
κ1977 Statutes of Nevada, Page 365 (CHAPTER 196, AB 17)κ
(b) Persons residing within the boundaries of an incorporated city shall not be included in the population of the county.
3. The county and each participating city are entitled to at least one representative regardless of the number of persons residing within the boundaries of the county or of the city.
4. Each representative of a participating political subdivision shall be a member of its governing body.
Sec. 7. NRS 280.150 is hereby amended to read as follows:
280.150 1. A majority of the police commission is a quorum for the transaction of business.
2. [When a majority only of the members are present at the meeting of a police commission, in case of a tie vote on any question, the question shall be postponed to a subsequent meeting.] On any question put before the police commission, the sheriff may vote only in case of a tie vote on the question.
Sec. 8. NRS 280.170 is hereby amended to read as follows:
280.170 1. The [police commission shall elect one of their number as chairman on the commission.] sheriff of the county is the chairman of the commission.
2. The police commission shall employ a clerk and may employ other clerical personnel necessary to the discharge of its duties. The clerk [shall be] is secretary for the commission.
Sec. 9. NRS 280.190 is hereby amended to read as follows:
280.190 The police commission shall:
1. Cause to be prepared and approve an annual operating budget for the department.
2. Submit such budget to the governing bodies of the participating political subdivisions prior to February 1 for funding for the following fiscal year.
3. [Cause] If there is more than one participating city, cause to be prepared [a] the funding apportionment plan provided for in section 3 of this act and submit such plan to the governing bodies of the participating political subdivisions and the department of taxation for approval. The Nevada tax commission has the final right of approval for such plan and shall act as an arbitrator if the local governing bodies cannot agree on the funding apportionment. [; but such apportionment may not require the city which is the county seat of the county to contribute more than an amount equal to $1.94 ad valorem tax on each $100 of assessed valuation of taxable property within such city until such funding apportionment plan is modified by the Nevada tax commission.]
4. [Cause] If there is more than one participating city, cause a new funding apportionment plan to be prepared:
(a) Every 10 years upon ascertaining the results of the national decennial census taken by the Bureau of the Census of the United States Department of Commerce;
(b) If the law enforcement agencies of additional cities are merged into an existing department; and
(c) At intervals of not less than 4 years upon request by a majority vote of each of a majority of the governing bodies of the participating political subdivisions. If only one city is participating in a department, the police commission shall prepare a new plan under the provisions of this paragraph only upon request by a majority vote of each of the governing bodies of the participating political subdivisions.
κ1977 Statutes of Nevada, Page 366 (CHAPTER 196, AB 17)κ
this paragraph only upon request by a majority vote of each of the governing bodies of the participating political subdivisions.
Sec. 10. NRS 280.220 is hereby amended to read as follows:
280.220 Upon merger, the county auditor or county comptroller of a county which has a department shall:
1. Create a metropolitan police department fund in the county treasury for the exclusive use of the department.
2. Receive all [moneys] money from the county, participating cities and any other source on behalf of the department and deposit [such moneys] the money in the department fund.
3. Receive all money collected by the department for any purpose, except criminal and civil fines, and deposit the money in the department fund.
4. Issue warrants against the department fund in the manner provided in this chapter.
Sec. 10.5. NRS 280.280 is hereby amended to read as follows:
280.280 Upon the formation of a department, every power and duty conferred or imposed by law upon a county sheriff which relates to law enforcement, and upon a chief of police or police department of any participating city, devolves automatically upon the department. After the formation of a department, contracts to furnish police services shall be made with the department and not with a participating political subdivision.
Sec. 11. NRS 280.310 is hereby amended to read as follows:
280.310 1. Each department shall have a system of civil service, applicable to and governing all employees of the department except elected officers and such other positions as designated by the police commission.
2. The system of civil service shall be governed by a board composed of five civil service trustees appointed by the police commission. Upon creation of such board, the police commission shall appoint one trustee for a term of 2 years, two trustees for terms of 3 years and two trustees for a term of 4 years. Thereafter all trustees shall serve for terms of 4 years.
3. The board shall prepare rules [and] or regulations governing the system of civil service to be adopted by the police commission, but in the case of a county having a population of 200,000 or more which is required to comply with the provisions of this chapter by July 1, 1973, [pursuant to NRS 280.100,] the initial civil service rules shall be those governing the police department of the largest city in the county, as such rules are modified and approved for such purpose by the law enforcement consolidation committee organized and operating pursuant to resolution of the special committee created by chapter 613, Statutes of Nevada 1971, to study the problems of local government in Clark County. Such rules [and] or regulations shall provide for:
(a) Examination of potential employees;
(b) Recruitment and placement procedures;
(c) Classification of positions;
(d) Procedures for promotion, disciplinary actions and removal of employees; and
κ1977 Statutes of Nevada, Page 367 (CHAPTER 196, AB 17)κ
(e) Such other matters as the board may consider necessary.
4. Copies of the rules [and] or regulations of the system of civil service shall be distributed to all employees of the department.
5. The [board shall appoint] sheriff shall designate a personnel officer to administer the personnel functions of the department according to the policies, rules [and] or regulations of the board, including but not limited to the items enumerated in subsection 3. [The personnel officer shall be subject to the administrative supervision of the sheriff of the department.]
Sec. 12. NRS 211.010 is hereby amended to read as follows:
211.010 [In each county] Except as otherwise provided in this section, one common jail shall be built [,] or provided [, kept] in each county, and maintained in good repair at the expense of the county. In a county where a metropolitan police department is established, the expense of providing and maintaining the jail shall be apportioned among the participating political subdivisions as other expenses of the department are apportioned.
Sec. 13. NRS 211.020 is hereby amended to read as follows:
211.020 The board of county commissioners or metropolitan police commission shall:
1. Have the care of building, inspecting and repairing such jail.
2. Once every 3 months, inquire into the state thereof, as respects the security thereof [,] and the treatment and condition of the prisoners.
3. Take all necessary precautions against escape, sickness or infection.
Sec. 14. NRS 211.030 is hereby amended to read as follows:
211.030 1. The sheriff [shall have] has the custody of the jail in his county, and of the prisoners therein, and shall keep the [same] jail personally, or by his deputy, or by a jailer or jailers appointed by him for that purpose, for whose acts he [shall be] is responsible.
2. The board of county commissioners or metropolitan police commission shall allow, out of the county treasury, as in other cases provided, a fair and adequate monthly compensation for the services of all jailers employed or appointed by the sheriff.
Sec. 15. NRS 211.040 is hereby amended to read as follows:
211.040 1. Payment of expenses and the method of transporting a prisoner from a county jail to the state prison shall be as provided in chapter 209 of NRS. When a prisoner is transferred from the county jail to the state prison, the sheriff shall provide the warden of the state prison with a written report pertaining to medical, psychiatric, behavioral or criminal aspects of the prisoners history. This report may be based upon observations of the prisoner while confined in the county jail and shall note in particular any medication or medical treatment administered in the jail, including type, dosage and frequency of administration.
2. Except as provided in subsection 1, the sheriff, [either by himself,] personally or by his deputy, or by one or more of his jailers, shall transfer all prisoners within his county to whatever place of imprisonment the sentence of the court may require, at as early a date after the sentence as practicable. For that purpose the board of county commissioners [are required to furnish, out of the county treasury,] or metropolitan police commission shall pay all necessary costs, charges and expenses of the prisoner or prisoners, and of the officer or officers having charge thereof, to which shall be added mileage for each officer, at the rate of 20 cents per mile, one way only.
κ1977 Statutes of Nevada, Page 368 (CHAPTER 196, AB 17)κ
prisoner or prisoners, and of the officer or officers having charge thereof, to which shall be added mileage for each officer, at the rate of 20 cents per mile, one way only.
3. The provisions of subsection 2 [shall be applicable] apply in cases where prisoners are taken from county jails to be tried at any courts in other counties.
Sec. 16. NRS 211.050 is hereby amended to read as follows:
211.050 [If any] Any sheriff or jailer [shall defraud any] who defrauds a prisoner of his allowance, or [shall] does not allow reasonable allowance and accommodation, [he] shall forfeit $50 for each offense. [, to be recovered by a civil action by the board of county commissioners for the use of the county.] The money may be recovered in an appropriate civil action by the board of county commissioners or the metropolitan police commission.
Sec. 17. NRS 211.090 is hereby amended to read as follows:
211.090 1. [Each board of county commissioners of the several counties is authorized to establish, by an order to be entered in its minutes,] A board of county commissioners or metropolitan police commission may establish, a branch county jail in any town in the county, [whenever] if in its judgment the public needs require it, and [to] provide that persons charged with or convicted of a misdemeanor in such town or other town or townships mentioned in the order shall be imprisoned in such branch county jail instead of in the county jail at the county seat.
2. [Nothing in the order shall prohibit any] Any judge or justice of the peace before whom such conviction may be had [from ordering any such] may order that a prisoner [to] be imprisoned in the county jail [at the county seat] of the county wherein such conviction may be had [where] if the public safety or the safety of such prisoner [may require it.] requires it.
Sec. 18. NRS 211.100 is hereby amended to read as follows:
211.100 1. The sheriff, with the approval of the board of county commissioners [of any county wherein any branch county jail has been established, is empowered to appoint a deputy who shall act as jailer for the same and who shall have the custody thereof and of the prisoners therein, and whose compensation shall be fixed by the board of county commissioners and shall be paid out of the general fund of the county.
2. Whenever by an order of the board of county commissioners such jailer after being appointed is not longer or for a time required, the board may cease to allow any compensation after notifying the sheriff of such order.] or the metropolitan police commission may appoint a deputy as jailer of the branch jail.
2. The board or commission shall establish and pay the compensation of the jailer.
3. The sheriff shall remove the jailer of the branch jail if he is notified by the board or commission that a jailer of the branch jail is not needed.
Sec. 19. NRS 211.110 is hereby amended to read as follows:
211.110 The board of county commissioners [of any county wherein such branch county jail has been established, and for which a jailer has been appointed in the manner provided by NRS 211.100,] or the metropolitan police commission may direct the jailer of such branch county jail to work the prisoners [imprisoned therein] on the public streets of such town or on the public roads [of such district wherein such] of the county where the branch county jail is located.
κ1977 Statutes of Nevada, Page 369 (CHAPTER 196, AB 17)κ
been appointed in the manner provided by NRS 211.100,] or the metropolitan police commission may direct the jailer of such branch county jail to work the prisoners [imprisoned therein] on the public streets of such town or on the public roads [of such district wherein such] of the county where the branch county jail is located.
Sec. 20. NRS 211.120 is hereby amended to read as follows:
211.120 The board of county commissioners [in each] or metropolitan police commission in a county, [the mayor and board of aldermen of each] and the governing body of an incorporated city, [and the board of trustees of each incorporated town are authorized and required to] shall make all necessary arrangements, as provided in NRS 211.120 to 211.170, inclusive, to utilize the labor of the prisoners committed to any jails within any county, city, or town within this state, for a term of imprisonment by the judges of the several district courts within this state, or the justices of the peace in any and all townships throughout this state.
Sec. 21. NRS 211.140 is hereby amended to read as follows:
211.140 1. The sheriff of each county [shall have] has charge and control over all prisoners committed to his care [and keeping, in their] in the respective county jails, and the chiefs of the police and town marshals in the several cities and towns throughout this state [shall] have charge and control over all prisoners committed to their respective city and town jails.
2. The sheriffs, chiefs of police and town marshals, and each of them, shall see that the prisoners under their care are at all times kept at labor on the public works in their respective counties, cities and towns, at least 6 hours a day during 6 days of the week, when the weather [will permit,] permits when [so] required by [either] the board of county commissioners or metropolitan police commission, [of their respective counties, or] by the mayor and board of aldermen of their respective cities [,] or by the board of trustees of their respective towns.
3. [By the public works,] Public works as used in NRS 211.120 to 211.170, inclusive, [is understood] means the construction, [or] repair, or cleaning of any streets, road, sidewalks, public square, park, building, cutting away hills, grading, putting in sewers, or other work whatever, which is or may be authorized to be done by and for the use of any of the counties, cities or towns, and the expense of which is not to be borne exclusively by [individuals] persons or property particularly benefited thereby.
4. The sheriff, chief of police or town marshal shall arrange for the administration of such medical care as may be required by prisoners committed to his custody. The cost of the medical care [constitutes] is a charge upon the county, commission, city or town maintaining the jail. If the medical care is furnished by a county hospital, the cost of the care shall be paid forthwith into the county treasury for credit to the hospital fund.
Sec. 22. This act shall become effective upon passage and approval.
__________
κ1977 Statutes of Nevada, Page 370κ
Assembly Bill No. 111Committee on Education
CHAPTER 197
AN ACT relating to the education of visually, aurally or multiply handicapped persons; revising and clarifying provisions; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 395 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Care means room, board and transportation which the superintendent of public instruction determines to be necessary for a handicapped person while he is being educated pursuant to this chapter.
Sec. 3. Handicapped person means an aurally or visually handicapped person or a mute person.
Sec. 4. (Deleted by amendment.)
Sec. 5. Special education program means a program which provides instruction specially designed in accordance with minimum standards prescribed by the state board of education to meet the unique needs of handicapped persons.
Sec. 6. NRS 395.001 is hereby amended to read as follows:
395.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 395.003 to 395.009, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in [such] those sections.
Sec. 7. NRS 395.003 is hereby amended to read as follows:
395.003 Aurally handicapped person means a person [who is legally deaf or mute.] with a loss in hearing of 80 decibels or more in the better ear.
Sec. 8. NRS 395.010 is hereby amended to read as follows:
395.010 1. The superintendent of public instruction [shall have the power:
1. To make] may provide for the education and care of any handicapped person who is eligible for such benefits by:
(a) Making arrangements with the governing body of any institution for the [visually or aurally] handicapped in any state having any such institution. [, for the admission, education and care of the visually or aurally handicapped of this state.
2. To expend moneys to provide for the support and care of any visually or aurally handicapped person in this state who meets the qualifications of NRS 395.020 by placing the visually or aurally]
(b) Placing the handicapped person in a foster home or other residential facility in a county in this state having [a program for the education of such persons as part of its educational structure, if the county of residence of such visually or aurally handicapped person does not have such a program.
3. To] an appropriate special education program for his particular handicap.
κ1977 Statutes of Nevada, Page 371 (CHAPTER 197, AB 111)κ
2. The superintendent of public instruction may make all necessary contracts [and agreements] , in accordance with any regulations the state board of education may prescribe, to carry out the provisions of this chapter.
Sec. 9. NRS 395.020 is hereby amended to read as follows:
395.020 [1. Except as provided in subsection 2, a visually or aurally handicapped person is entitled to the benefits provided by this chapter if:
(a) He is not mentally or physically incapacitated to receive education or instruction; and
(b) He is free from offensive or contagious diseases; and
(c) He is unable to pay for his support, education and instruction in an institution for the visually or aurally handicapped; and
(d) His parent, relative, guardian or nearest friend is unable to pay for his support, education and instruction in an institution for the visually or aurally handicapped; and
(e) He is a resident of the State of Nevada.
2. No visually or aurally handicapped person over the age of 21 years is entitled to the benefits provided by this chapter unless the enrollment period for the school year is prior to the 21st birthday of the person, in which case the school year may be completed.]
A handicapped person is eligible to receive the benefits provided by this chapter if:
1. He is a resident of the State of Nevada;
2. He is under 21 years of age, but where the enrollment period for the school year is prior to his 21st birthday, he remains eligible to complete that school year irrespective of his age;
3. A special education program for his particular handicap and grade or level of education is not available within his school district; but where he is enrolled in a program under this chapter on July 1, 1977, he remains eligible to complete that program irrespective of the formation after that date of an appropriate special education program within his school district.
Sec. 10. NRS 395.030 is hereby amended to read as follows:
395.030 1. [A parent, relative, guardian or nearest friend of a visually or aurally handicapped person qualified to receive the benefits provided by this chapter may file and application for benefits under oath with the board of trustees of a county school district wherein the visually or aurally handicapped person is a resident. The application shall set forth:
(a) That by reason of visual or aural handicap, the visually or aurally handicapped person is disqualified from being taught by the ordinary process of instruction or education; and
(b) That such parent, relative, guardian or nearest friend is unable to pay for such support, education and instruction in an institution for the visually or aurally handicapped.]
An adult handicapped person or a parent, guardian or other person having the care, custody or control of a handicapped person eligible to receive benefits under this chapter may file an application for those benefits with the board of trustees of the county school district in which the handicapped person is a resident. The application shall contain the applicants sworn statement that he is eligible to receive the benefits provided by this chapter and that to the best of his knowledge a special education program for his particular handicap and grade or level of education is not available within his school district.
κ1977 Statutes of Nevada, Page 372 (CHAPTER 197, AB 111)κ
by this chapter and that to the best of his knowledge a special education program for his particular handicap and grade or level of education is not available within his school district.
2. If the board of trustees is satisfied that the statements contained in the application are true, the board shall [approve] certify that an appropriate special education program is not available in the county school district in which the handicapped person is a resident and transmit the application to the superintendent of public instruction. [, recommending that the visually or aurally handicapped person receive the benefits provided by this chapter.]
Sec. 11. NRS 395.040 is hereby amended to read as follows:
395.040 1. Upon receipt and review of an application for benefits, the superintendent of public instruction shall make the necessary arrangements for the education and care of the [visually or aurally] handicapped person pursuant to [the provision of] subsection 1 [or subsection 2] of NRS 395.010. Before making such arrangements the superintendent of public instruction may [request further medical or physical evaluation to be made at the expense of the state.] cause a medical, psychological or educational examination of the handicapped person to be conducted at state expense to determine the nature and extent of the handicap.
2. The superintendent of public instruction shall obtain a certificate of approval from the state welfare administrator before [any visually or aurally handicapped person may be placed] placing a handicapped person in any home other than the home of a person related to the [visually or aurally] handicapped person in the third degree of consanguinity or closer.
3. The superintendent of public instruction [shall have] has final authority regarding the placement of any [visually or aurally] handicapped person.
Sec. 12. NRS 395.050 is hereby amended to read as follows:
395.050 1. When arrangements for the education and care of the [visually or aurally] handicapped person have been completed by the superintendent of public instruction, he shall advise the board of trustees of the county school district to make provision, at the expense of the school district, for transporting the [visually or aurally] handicapped person to a place designated by the superintendent. [of public instruction.] The superintendent [of public instruction] shall make necessary arrangements for transporting the [visually or aurally] handicapped person [for such] from the designated place to the institution, foster home or other residential facility and return to the designated place at the expense of the state.
2. [The cost and expenses of maintenance of the visually or aurally] Except as provided in subsection 3, the expenses for education and care of the handicapped person shall be paid by the state.
3. An adult handicapped person or a parent, guardian or other person having the care, custody or control of a handicapped person:
(a) May enter into a contract with the superintendent of public instruction to pay a share of the cost of education and care of such handicapped person.
κ1977 Statutes of Nevada, Page 373 (CHAPTER 197, AB 111)κ
(b) Is liable for all medical expenses which are incurred while such handicapped person is receiving educational benefits.
Sec. 13. NRS 395.005 and 395.055 are hereby repealed.
__________
Senate Bill No. 11Committee on Commerce and Labor
CHAPTER 198
AN ACT relating to industrial insurance; extending the definition of casual employment; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.030 is hereby amended to read as follows:
616.030 Casual refers only to employments where the work contemplated is to be completed in [not exceeding 10] 20 working days [,] or parts thereof in a calendar quarter, without regard to the number of [men] persons employed, and where the total labor cost of [such] the work is less than [$100.] $500.
__________
Senate Bill No. 141Senator Dodge
CHAPTER 199
AN ACT relating to Carey Act lands; creating the state Carey Act commission; increasing certain fees charged for Carey Act land; making an appropriation to the Carey Act trust fund; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 324.010 is hereby amended to read as follows:
324.010 As used in this chapter:
1. Carey Act means section 4 of an Act of Congress entitled An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30th, 1895, and for other purposes, approved August 18, 1894, being 43 U.S.C. § 641, and all acts amendatory thereof or supplemental thereto.
2. Commission means the state [commission of industry, agriculture and irrigation.] Carey Act commission.
Sec. 2. NRS 324.030 is hereby amended to read as follows:
324.030 1. The selection, management and disposal of such land [shall be] is vested in the state [commission of industry, agriculture and irrigation,] Carey Act commission, which is hereby created, consisting of the state engineer, the administrator of the division of state lands of the state department of conservation and natural resources and, as chairman, the dean of the college of agriculture of the University of Nevada System.
κ1977 Statutes of Nevada, Page 374 (CHAPTER 199, SB 141)κ
and irrigation,] Carey Act commission, which is hereby created, consisting of the state engineer, the administrator of the division of state lands of the state department of conservation and natural resources and, as chairman, the dean of the college of agriculture of the University of Nevada System.
2. The commission may sue and be sued in any action at law brought under the provisions of this chapter in the name of The State [Commission of Industry, Agriculture and Irrigation.] Carey Act Commission.
Sec. 3. NRS 324.080 is hereby amended to read as follows:
324.080 1. The commission [is authorized to] may fix the price at which the state [shall dispose] disposes of lands in each segregation to settlers, which shall not be less than [50 cents] $10 per acre nor more than [$1 per acre, depending on the location, character of the land and climatic conditions.] the fair market value, including costs incidental to the application.
2. The proceeds shall be deposited in the state treasury in a fund hereby created for such purpose to be known as the Carey Act trust fund.
Sec. 4. NRS 324.090 is hereby amended to read as follows:
324.090 [The following fees] A fee of $100 shall be collected by the commission under the provisions of this chapter and deposited with the state treasurer to be placed in the Carey Act trust fund. [:
For filing each application for entry of land...................................................... $1.00
For each assignment of entry................................................................................ 2.00
For taking evidence in final proof......................................................................... 2.00
For taking evidence of annual proof of cultivation........................................... 1.50
For issuing each certificate of location................................................................ 1.00
For issuing each patent.......................................................................................... 1.00
For making certified copies of paper or records:
For the original, per folio...................................................................... .20
For each carbon copy thereof, per folio............................................. .05
For each application for a temporary withdrawal or a permanent segregation, but not twice for the same lands by the same applicant, for the total number of acres covered by the application, per acre......................................................... .01
For each statement of the status of an application for a segregation, prepared for the information of a prospective assignee thereof................................... 25.00]
The fee covers one copy each of all original documents from the time of application to the time of issuance of patent, including applications for temporary withdrawals and applications for segregations. Other fees may be charged as are established by regulations of the commission.
Sec. 5. NRS 324.100 is hereby amended to read as follows:
324.100 1. Subject to the provisions of the Carey Act, the proceeds derived by the state from fees and the sale of Carey Act lands, and by this chapter required to be deposited in the Carey Act trust fund, [shall be] are subject to control and disposition by the commission and may be used and drawn upon by the commission from time to time for the following purposes, and for none other:
κ1977 Statutes of Nevada, Page 375 (CHAPTER 199, SB 141)κ
(a) For the payment of all necessary expenses incurred by the commission and the state registrar of lands under the Carey Act for the administration of Carey Act lands.
(b) For the reclamation, under the control and direction of the commission, of desert lands in the state, other than those included in any segregation or application for a temporary withdrawal by any applicant except the state.
(c) [For such experimentation in agriculture, horticulture and forestry as shall aid the reclamation of the desert lands of the state.
(d)] For such advertisement and publicity of the desert lands of the state as may advance their settlement and reclamation.
2. Until the Carey Act trust fund [shall have] has received deposits from fees and sales of land under the provisions of this chapter sufficient to meet the necessary disbursements arising under paragraph (a) of subsection 1, the state controller and the state treasurer are authorized and directed to transfer from the general fund to the Carey Act trust fund, from time to time, sufficient [moneys] money to meet the same, not exceeding [$5,000,] $10,000, and such sum is hereby appropriated for that purpose. As soon thereafter as deposits to the credit of the Carey Act trust fund, derived from fees and sales of lands, [shall be sufficient therefor,] are sufficient to provide an adequate operating balance in the Carey Act trust fund, all sums so transferred shall be restored to the general fund.
3. All disbursements from the Carey Act trust fund shall be on claims of the chairman of the commission, approved by the state board of examiners.
Sec. 6. NRS 324.120 is hereby amended to read as follows:
324.120 1. Any person or persons, association, company or corporation constructing, having constructed, or desiring to construct impounding dams, canals, ditches or other irrigation works, pumping plants, or artesian wells to reclaim lands under the provisions of this chapter, may file with the commission an application for the temporary withdrawal of such lands under the provisions of 43 U.S.C. § 643, designating the same by legal subdivisions.
2. An application shall:
(a) Be prepared and submitted in accordance with such general [rules and] regulations as the commission may adopt and prescribe, which shall be in conformity with any regulations of the Department of the Interior.
(b) Be accompanied by the certificate of the state engineer that an application for a permit to appropriate water therefor has been filed in his office.
(c) Be accompanied by [a filing fee of 1 cent per acre for the total number of acres requested to be withdrawn temporarily.] the fee prescribed by this chapter.
(d) Be accompanied by a written statement from the board of county commissioners of the county or counties in which the lands are located, certifying that the lands covered by the application are zoned for the intended use or will be so zoned by the time the lands are put to the intended use.
Sec. 7. NRS 324.150 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 376 (CHAPTER 199, SB 141)κ
324.150 1. An applicant who submits his application for a segregation in a form complying with the requirements of the commission and the Secretary of the Interior in respect to surveys, determinations, maps, plats and water rights, which shall be approved by the state engineer and by the commission, and on payment to the commission of [a fee of 1 cent per acre] the fee prescribed by this chapter, and any fee required by the state engineer for any verification thereof, may waive a request for a temporary withdrawal.
2. If an applicant who has completed the requirements of a temporary withdrawal in respect to fees, surveys, determinations, maps, plats and water rights pays the segregation fee required by the Bureau of Land Management, the state registrar of lands under the Carey Act, by direction of the commission, shall file a request on the part of the state for a segregation of the lands embraced in the approved application.
Sec. 8. NRS 324.220 is hereby amended to read as follows:
324.220 1. Any citizen of the United States or a person who is a lawful permanent resident of the United States, over the age of [21] 18 years, [including married women,] may make application, under oath, to the commission to enter any of such land in an amount not to exceed 160 acres for any one person.
2. The application shall:
(a) Set forth that the person desiring to make such entry does so for the purpose of actual reclamation, cultivation and settlement in accordance with the Carey Act and the laws of this state relative thereto.
(b) Set forth that the applicant has never received the benefit of the provisions of this chapter to an amount greater than 160 acres, including the number of acres specified in the application under consideration.
(c) Be accompanied by a certified copy of a contract for a perpetual water right, made and entered into by the party making application with the person or persons, association, company or corporation authorized by the commission to furnish water for the reclamation of such lands.
(d) If the applicant has at any previous time entered lands under the provisions of this section, state such fact together with the description, date of entry and location of such land.
(e) Be accompanied by a payment [of 25 cents per acre,] established by the commission, which shall be a partial payment on the land if the application is allowed.
3. The commission shall file the application and papers relating thereto in its office, and, if allowed, shall issue a certificate of location to the applicant. All certificates, when issued, shall be recorded in a book to be kept for that purpose.
4. If the application is not allowed, the [25 cents per acre] payment accompanying the application shall be refunded to the applicant.
5. The balance unpaid on the price fixed by the commission for the land allowed an applicant [shall be] is due and payable in such installments and at such times as the commission [shall prescribe,] prescribes, but before a patent [shall issue] is issued the full price of [such] the land shall [have been] be paid by the settler.
Sec. 9. NRS 324.230 is hereby amended to read as follows:
324.230 1. Within 1 year after a water right is available for the irrigation of the land described in a certificate of location, the settler shall cultivate and reclaim not less than one-sixteenth part of the land filed on, and within 2 years thereafter, shall have actually irrigated and cultivated not less than one-eighth thereof.
κ1977 Statutes of Nevada, Page 377 (CHAPTER 199, SB 141)κ
irrigation of the land described in a certificate of location, the settler shall cultivate and reclaim not less than one-sixteenth part of the land filed on, and within 2 years thereafter, shall have actually irrigated and cultivated not less than one-eighth thereof. Within 3 years thereafter, the settler shall appear before the state registrar of lands under the Carey Act, or the judge or clerk of any court of record within the state, or any agent designated by the commission, and make final proof of reclamation, settlement and occupation, in such form and according to such requirements as may be prescribed by the commission or the Department of the Interior. The officer taking this proof [shall be] is entitled to receive a [fee of $2,] minimum fee of $10, which [fee] shall be paid by the settler and shall be in addition to the price paid to the state for the land. When the state registrar of lands under the Carey Act takes final proof, all fees received by him shall be deposited in the Carey Act trust fund.
2. The state registrar of lands under the Carey Act and the agents appointed by the commission [are authorized to] may administer oaths required under this chapter.
3. All proofs so received shall be accompanied with the final payment for [such] the land, and upon approval by the commission the settler [shall be] is entitled to a patent.
4. If the land is not embraced in any patent theretofore issued to the state by the United States, the proofs shall be forwarded to the Secretary of the Interior with the request that a patent to the lands be issued to the state. When the works designed for the irrigation of lands under the provisions of this chapter [shall be] are so far completed as actually to furnish in a substantial ditch or canal, or by artesian wells or reservoirs, water to reclaim any particular tract or tracts of such land, the State of Nevada may, by and in the discretion of the commission, make proof of such fact, and apply for a patent to such lands in the manner provided by 43 U.S.C. § 642.
Sec. 10. There is hereby appropriated from the state general fund to the Carey Act trust fund created pursuant to NRS 324.080, the sum of $5,000.
__________
Senate Bill No. 145Committee on Transportation
CHAPTER 200
AN ACT relating to taxation; amending certain provisions of the special fuel tax laws, the motor carrier laws and the Interstate Highway User Fee Apportionment Act; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 366 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Special mobile equipment means a vehicle not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved upon a highway.
κ1977 Statutes of Nevada, Page 378 (CHAPTER 200, SB 145)κ
primarily for the transportation of persons or property, and only incidentally operated or moved upon a highway. The term includes scoopmobiles, forklifts, ditchdigging apparatus, well-boring apparatus and road construction and maintenance machinery, such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls and scrapers, power shovels, draglines and self-propelled cranes and earth moving equipment. Special mobile equipment does not include house trailers, dump trucks, truck-mounted transit mixers, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
Sec. 2. NRS 366.110 is hereby amended to read as follows:
366.110 The department: [is:
1. Charged with the enforcement of] 1. Shall enforce the provisions of this chapter.
2. [Authorized and empowered to prescribe,] May adopt and enforce [rules and] regulations relating to the administration and enforcement of this chapter.
3. May determine whether any particular vehicle not specified in section 1 of this act is special mobile equipment.
Sec. 3. NRS 366.140 is hereby amended to read as follows:
366.140 1. Every special fuel dealer, special fuel user and every person importing, manufacturing, refining, dealing in, transporting or storing special fuel in this state shall keep such records, receipts, [and] invoices and other pertinent papers with respect thereto as the department [may require.] requires.
2. [Such] These records, receipts, invoices and other pertinent papers shall be preserved intact for a period of [2 years.] 28 months.
3. The records, receipts, invoices and other pertinent papers shall be available at all times during [the] business hours [of the day] to the department or its duly authorized agents.
Sec. 4. NRS 366.230 is hereby amended to read as follows:
366.230 Every user of special fuels, [as defined in this chapter,] except temporary special fuel licensees and any user exempt under this chapter, must, prior to the use of such fuel, apply to the department on a form prescribed by the department for a special fuel users license and a special fuel vehicle identification for each vehicle other than a piece of special mobile equipment propelled by fuel subject to tax under this chapter.
Sec. 5. NRS 366.240 is hereby amended to read as follows:
366.240 1. Upon receipt of the application and bond [as set forth in NRS 366.550] in proper form, the department shall issue to the applicant a special fuel dealers license or special fuel users license and a special fuel vehicle identification [.] for each vehicle other than a piece of special mobile equipment.
2. The department may refuse to issue a special fuel dealers license or special fuel users license or special fuel vehicle identification to any person:
(a) Who formerly held a special fuel dealers license or special fuel users identification which, prior to the time of filing the application, has been revoked for cause; [or]
κ1977 Statutes of Nevada, Page 379 (CHAPTER 200, SB 145)κ
users identification which, prior to the time of filing the application, has been revoked for cause; [or]
(b) Who [is] applies as a subterfuge for the real party in interest whose license or identification, prior to the time of filing the application, has been revoked for cause; [or]
(c) Who neglects or refuses to furnish bond as required by the department; or
(d) Upon other sufficient cause being shown.
Sec. 6. NRS 366.270 is hereby amended to read as follows:
366.270 Whenever any person ceases to be a special fuel dealer or special fuel user within the state by reason of discontinuance, sale or transfer of [the] his business, [of such person, such special fuel dealer or special fuel user] he shall:
1. Notify the department in writing at the time the discontinuance, sale or transfer takes effect. Such notice shall give the date of discontinuance and, in the event of a sale, the date thereof and the name and address of the purchaser or transferee. [thereof.]
2. Surrender to the department the license certificate [theretofore issued to such special fuel dealer or special fuel user] issued to him by the department.
3. File a quarterly tax return and pay all taxes, interest and penalties pursuant to NRS 366.370 and 366.380, except that both the filing and payment shall be due on or before the [25th] last day of the month following the month of discontinuance, sale or transfer of the business.
4. Remove the special fuel vehicle identification from [the] any vehicle if the vehicle passes from his control.
Sec. 7. NRS 366.360 is hereby amended to read as follows:
366.360 1. The department shall cancel any license to act as a special fuel dealer or a special fuel user immediately upon the surrender thereof by the holder.
2. If a surety [shall have] has lodged with the department a written request to be released and discharged of liability, the department [immediately] shall immediately notify the special fuel dealer or special fuel user who furnished the bond, and unless the special fuel dealer or special fuel user [, on or before the expiration of a 30-day period, shall file] files a new bond as required by the department [, or make] within 30 days or makes a deposit in lieu thereof as provided in NRS 366.550, the department [forthwith shall] may cancel the special fuel dealers or special fuel users license.
3. If a special fuel dealer or special fuel user becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of bond furnished by the special fuel dealer or the special fuel user, the department [shall] may cancel his license immediately.
Sec. 8. NRS 366.370 is hereby amended to read as follows:
366.370 1. The excise tax imposed by this chapter with respect to the use or sale of special fuel during any calendar quarter shall be due and payable on or before the [25th] last day of the [immediately succeeding calendar] first month following the quarterly period to which it relates.
κ1977 Statutes of Nevada, Page 380 (CHAPTER 200, SB 145)κ
2. If the due date falls on a Saturday, Sunday or legal holiday, the next [secular or] business day [shall be] is the final due date.
3. [Such payment] Payment shall be considered received on the date shown by the post office cancellation mark stamped upon an envelope containing [such] payment properly addressed to the department.
Sec. 9. NRS 366.380 is hereby amended to read as follows:
366.380 1. On or before the [25th] last day of January, April, July and October in each year, each special fuel dealer or special fuel user shall file with the department a quarterly tax return for the preceding quarter, regardless of the amount of excise tax due, on a form prescribed by the department, together with supporting schedules.
2. The return shall show such information as the department may reasonably require for the proper administration and enforcement of this chapter.
3. The quarterly tax return shall be accompanied by a remittance, payable to the department, for the amount of excise tax due [thereunder, or a minimum remittance of] or $6, whichever is greater.
[4. All remittances received by the department shall be deposited with the state treasurer to the credit of the motor vehicle fund pursuant to the provisions of NRS 366.700.]
Sec. 10. NRS 366.550 is hereby amended to read as follows:
366.550 1. When the department [may deem it necessary,] requires, or when specifically provided by this chapter, an applicant for a special fuel dealers license or an applicant for a special fuel users license, or a holder of a special fuel dealers license or a special fuel users license, [must] shall provide a bond duly executed by [the applicant or holder of a special fuel dealers license or holder of a special fuel users license] him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The [total] amount of the bond shall be fixed by the department at one and one-third times the estimated amount of the quarterly tax, determined in such manner as the department [shall deem] deems proper, and may be increased or reduced [accordingly] by the department at any time subject to the limitations prescribed in this chapter, but the total amount of the bond shall not exceed $5,000. The amount so fixed shall be rounded off to the next larger integral multiple of $100.
2. No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel dealers license or special fuel users license [shall affect] affects the validity of any bond.
3. In lieu of a bond or bonds an applicant for a special fuel dealers license or special fuel users license or the holder of a special fuel dealers license or special fuel users license may deposit with the state treasurer, under such terms as the department may prescribe:
(a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
κ1977 Statutes of Nevada, Page 381 (CHAPTER 200, SB 145)κ
(b) A savings certificate of a bank, building and loan association or savings and loan association situated in Nevada, which shall indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and which shall indicate that [such] this amount is unavailable for withdrawal except upon order of the department. Interest earned on [such] this amount shall accrue to the account of the applicant for or holder of the special fuel dealers license or special fuel users license.
Sec. 11. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 14, inclusive, of this act.
Sec. 12. 1. The mileage fee authorized by this chapter for mileage traveled during a calendar quarter is due on the last day of the month following the quarter to which it relates.
2. If the due date falls on a Saturday, Sunday or legal holiday, the next business day is the final due date.
3. Payment shall be considered received on the date shown by the post office cancellation mark stamped on an envelope containing payment properly addressed to the department.
Sec. 13. 1. On or before the last day of January, April, July and October of each year, each mileage fee licensee shall file a quarterly return for the preceding quarter with the department. The return shall be filed on a form prescribed by the department, together with supporting schedules, and shall be filed regardless of the amount of mileage fee due.
2. The return shall include the information reasonably required by the department for the administration and enforcement of this chapter.
3. Where a mileage fee is due, remittance shall accompany the return in the amount due, less any advance deposit.
Sec. 14. The provisions of NRS 706.801 to 706.861, inclusive, do not apply to:
1. Vehicles which are exempt from special fuel tax requirements under NRS 366.221.
2. Vehicles having an unladened weight of 5,000 pounds or less, except that such vehicles are eligible for apportionment under the provisions of this chapter upon application by the operator.
Sec. 15. NRS 706.846 is hereby amended to read as follows:
706.846 Upon the payment of all fees required under NRS 706.801 to 706.861, inclusive, or upon being satisfied that such fee is secured and upon compliance with the laws of this state in order to register such vehicles, the department of motor vehicles shall register them, and shall issue plates, licenses, emblems, certificates or other devices for such vehicles in the same manner as otherwise provided by law, except that such vehicles shall not be so registered unless they are registered and have paid fees pursuant to law in some other state. [which has adopted the plan or with which this state has reciprocity.]
Sec. 16. NRS 706.856 is hereby amended to read as follows:
706.856 1. The owner or operator of a vehicle coming within the provisions of the Interstate Highway User Fee Apportionment Act may, in lieu of registering [such vehicle] it pursuant to the provisions of NRS 706.836 to 706.851, inclusive, apply for and obtain a 48-hour temporary registration upon payment of a fee of $2.50, which fee [shall be] is in lieu of all other fees and service charges due pursuant to the provisions of NRS 706.801 to 706.861, inclusive.
κ1977 Statutes of Nevada, Page 382 (CHAPTER 200, SB 145)κ
lieu of all other fees and service charges due pursuant to the provisions of NRS 706.801 to 706.861, inclusive.
2. A 48-hour temporary registration authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.
3. Any person exercising this option shall purchase the license at the first available vendor in the State of Nevada. [Owners or operators] The operator of a vehicle obtaining a 48-hour temporary registration from a vendor [shall be considered as having elected] elects this option for this vehicle by virtue of the purchase. Any 48-hour period of time for which a 48-hour temporary registration was not purchased shall be billed for [such] 48-hour temporary registration on an audit until the vehicle is licensed under NRS 706.836 to 706.851, inclusive.
4. Every person electing to pay fees on a 48-hour temporary registration basis shall keep a written record of every trip made into or through this state and each 48-hour temporary registration so purchased, which record shall be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any [such] person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.
5. Upon request, the department shall allow credit for the period for which [such licenses] temporary registrations were purchased [provided] if the applicant applies and prorates his vehicle registration within 60 days after the purchase of the first [such license] temporary registration within a licensing year.
6. As a condition for exercising the privilege of reciprocity under the provisions of NRS 482.390, the department may:
(a) Require the operator of vehicles eligible for reciprocity to file annually an application listing the vehicles to be operated in this state;
(b) Issue identification devices for vehicles so listed;
(c) Collect an administrative fee of $2 per vehicle identified; and
(d) Collect the 48-hour temporary registration fee from the owner or operator of vehicles not so identified.
7. The provisions of this section do not apply to interchange trailers if [such interchange trailers] they are entitled to operate without payment of additional fees according to the [rules and] regulations of the department.
Sec. 17. 1. This section and sections 1 to 10, inclusive, of this act shall become effective on July 1, 1977.
2. Sections 11 to 16, inclusive, of this act shall become effective on January 1, 1978.
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κ1977 Statutes of Nevada, Page 383κ
Senate Bill No. 171Senator Raggio
CHAPTER 201
AN ACT relating to geothermal resources; exempting exploration holes from the provisions of chapter 534 of NRS and the regulations of the state engineer; requiring the filing of certain data and providing for its confidentiality; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 534.180 is hereby amended to read as follows:
534.180 1. This chapter [shall] does not apply in the matter of obtaining permits for the developing and use of underground water from a well for domestic purposes where the draught does not exceed a daily maximum of 1,800 gallons, except as to the furnishing of any information required by the state engineer.
2. Exploration holes drilled only to collect geochemical, geological or geophysical data are not wells subject to the provisions of this chapter or the regulations of the state engineer, except as provided in chapter 534A of NRS.
Sec. 2. Chapter 534A of NRS is hereby amended by adding thereto a new section which shall read as follows:
Exploration and subsurface information obtained as a result of a geothermal project shall be filed with the state engineer within 30 days after it is accumulated. The information is confidential for a period of 5 years from the date of filing and shall not be disclosed during that time without the express written consent of the operator of the project.
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Senate Bill No. 294Committee on Judiciary
CHAPTER 202
AN ACT relating to the private investigators licensing board; increasing its licensing fees; making the excess balance of the private investigators contingent fund nonreversionary; making injunctive relief available to the board; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 648 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board may apply to any court of competent jurisdiction to enjoin any person who has engaged or is about to engage in any act which violates any provision of this chapter or any regulation adopted pursuant thereto.
κ1977 Statutes of Nevada, Page 384 (CHAPTER 202, SB 294)κ
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not preclude criminal prosecution and punishment of a violator.
Sec. 2. NRS 648.040 is hereby amended to read as follows:
648.040 1. All receipts under this chapter shall be reported at the beginning of each month for the month preceding to the state controller. The entire amount received shall be paid into the state treasury to the credit of the private investigators contingent fund.
2. The fund shall be used by the board for the administration of this chapter and to pay the expenses and salary of members and employees of the board.
3. Any balance [in excess of $2,500] remaining in [such] the fund at the end of a fiscal year shall [revert to the general fund.] be carried forward into the next fiscal year.
Sec. 3. NRS 648.120 is hereby amended to read as follows:
648.120 1. [No] A license under this chapter shall not be issued until the applicant pays to the board a license fee of [$75.] $100.
2. The license fee shall be paid annually and is due on July 1. [of each year, and shall be payable annually.] The board may provide that the fee be reduced ratably for portions of the license period.
Sec. 4. NRS 648.170 is hereby amended to read as follows:
648.170 1. Before imposing any disciplinary order, the board shall:
(a) At least 10 days prior to the date set for hearing, notify the licensee or applicant in writing of any charges made.
(b) Afford the accused an opportunity to be heard in person or by counsel in reference thereto.
2. Written notice may be served by delivery of [the same] it personally to the accused or by mailing [the same] it by registered or certified mail to the place of business last theretofore specified by the accused as registered with the board.
3. The board may delegate the authority to conduct one or more disciplinary hearings to a hearing officer. If it does so, the hearing officer shall within 30 days after the date of a hearing submit findings of fact and proposed conclusions of law and recommendations to the board for its determination.
4. At the time and place fixed in the notice, the board or the hearing officer shall proceed to hear the charges.
[4.] 5. If the board is not sitting at the time and place fixed in the notice, or at the time and place to which hearing has been continued, the board [shall] may continue the hearing for a period not to exceed 30 days.
Sec. 5. Section 4 of this act shall become effective at 12:01 a.m. on July 1, 1977.
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κ1977 Statutes of Nevada, Page 385κ
Senate Bill No. 297Senators Raggio and Foote
CHAPTER 203
AN ACT relating to property tax; providing for the exemption from assessment of improvements to property owned by a handicapped person which are made to remove architectural barriers to the movement of the handicapped person; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No increase may be made to the assessed valuation of a residence owned and occupied by a handicapped person for improvements made to the premises for the purpose of removing architectural barriers to the movement, safety and comfort of the handicapped person. A person who claims the benefit of this section shall file with the county assessor an affidavit setting forth the nature of the improvement, its cost and the date or dates of making it.
2. Improvements for the removal of architectural barriers include but are not limited to:
(a) Permanent ramps leading to entrances to the premises and between levels of the residence.
(b) Elevators installed in stairwells for the use of handicapped persons.
(c) Handrails installed in and about the residence, indoors and outdoors.
(d) Enlarged bathrooms and kitchens, and any special equipment installed in them for the benefit of the handicapped person.
(e) Other devices installed for the comfort, convenience and safety of a handicapped person.
Sec. 2. Each assessor shall, upon receipt of an affidavit meeting the requirements of section 1 of this act, reduce the assessed valuation of a residence owned and occupied by a handicapped person by an amount equal to any increase which was made before July 1, 1977, in the valuation on account of an improvement made to the premises for the removal of an architectural barrier.
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κ1977 Statutes of Nevada, Page 386κ
Assembly Bill No. 497Committee on Environment and Public Resources
CHAPTER 204
AN ACT designating Indian ricegrass as the official state grass.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 235 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The grass known as Indian ricegrass (Oryzopsis hymenoides) is hereby designated as the official state grass of the State of Nevada.
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Assembly Bill No. 469Assemblymen Barengo, Bremner, Dreyer, Ross and Robinson
CHAPTER 205
AN ACT relating to gambling crimes; making possession of a cheating device with intent to defraud unlawful and providing a penalty; increasing the penalty for manufacture or sale of certain cheating devices; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 465.085 is hereby amended to read as follows:
465.085 1. It is unlawful to manufacture or sell [:] or to possess with intent to defraud:
(a) Any cheating or thieving game or device;
(b) Any game or games played with cards, dice or any mechanical device;
(c) Any combination of such games or devices; or
(d) Any bogus or counterfeit chip,
which may have in any manner been marked or tampered with to deceive the public.
2. Any [violation of] person who violates the provisions of this section [is a gross misdemeanor.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
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κ1977 Statutes of Nevada, Page 387κ
Senate Bill No. 312Senator Raggio
CHAPTER 206
AN ACT relating to the Nevada American Revolution Bicentennial Commission; extending the time for termination of the commission; providing for disposition of its money on deposit and accounts receivable; and providing other matters properly relating thereto.
[Approved April 18, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233E.130 is hereby amended to read as follows:
233E.130 The commission shall submit an annual report to the governor not later than December 31 of each year and a final report on or before [June 30, 1977.] July 31, 1977. Each annual report shall include the specific plans for activities in the next calendar year and the estimated costs thereof.
Sec. 2. NRS 233E.140 is hereby amended to read as follows:
233E.140 The commission shall be terminated [on June 30, 1977.] no later than July 31, 1977. All historical records of the commission shall then be transferred to the division of state, county and municipal archives in the office of the secretary of state.
Sec. 3. Upon termination of the Nevada American Revolution Bicentennial Commission, all of the commissions money on deposit shall be transferred to the state general fund, and thereafter any accounts receivable of the commission shall be collected by the department of general services and deposited in the state treasury for credit to the state general fund.
Sec. 4. NRS 233E.010 to 233E.140, inclusive, are hereby repealed.
Sec. 5. This section and sections 1 to 3, inclusive, of this act shall become effective upon passage and approval. Section 4 of this act shall become effective on August 1, 1977.
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Assembly Bill No. 248Committee on Government Affairs
CHAPTER 207
AN ACT relating to the settlement of intergovernmental payments; requiring the state controller and the board of county commissioners of certain counties to make an agreement for such transfers; requiring the state controller and the board of county commissioners to prepare a report for the legislative commission evaluating any savings realized by using such transfers; and providing other matters properly relating thereto.
[Approved April 19, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. Notwithstanding any other law, the state controller and the board of county commissioners of any county having a population of 100,000 or more but less than 200,000, shall enter into and carry out an agreement which provides for the settlement of intergovernmental payments between the state and the county.
κ1977 Statutes of Nevada, Page 388 (CHAPTER 207, AB 248)κ
out an agreement which provides for the settlement of intergovernmental payments between the state and the county.
2. Such an agreement may provide for:
(a) Transfers by book credit;
(b) Transfers by bank deposits; or
(c) Transfers of estimated payments and periodic settlements.
3. The legislative auditor shall review and verify all such accounting procedures and transfers of the state, and the board of county commissioners shall designate an appropriate county official to review and verify all such accounting procedures and transfers of the county.
4. For the purposes of this section, population is determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 2. On or before October 1, 1978, the state controller and the board of county commissioners shall prepare and present to the legislative commission a report containing an evaluation of any savings effected by the method or methods of transfer used pursuant to section 1 of this act as compared to the method or methods required by other laws and including any recommendations for appropriate legislation. The report shall include a statement by the legislative auditor concerning the evaluation contained in the report.
Sec. 3. This act and any agreement entered into by a board of county commissioners and the state controller pursuant to section 1 of this act shall expire by limitation on June 30, 1979.
__________
Assembly Bill No. 128Assemblyman Banner
CHAPTER 208
AN ACT relating to insurance coverage for the state and local governments; providing for property insurance; specifically permitting self-insurance; restricting the use of money in a self-insurance reserve or fund; and providing other matters properly relating thereto.
[Approved April 19, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41.038 is hereby amended to read as follows:
41.038 1. The state and any [political subdivision] local government may:
(a) Insure itself against any liability arising under NRS 41.031.
(b) Insure any of its officers or employees against tort liability resulting from an act or omission in the scope of his employment.
(c) Insure against the expense of defending a claim against itself or any of its officers or employees whether or not liability exists on such claim.
2. Any school district may insure any peace officer, requested to attend any school function, against tort liability resulting from an act or omission in the scope of his employment while attending such function.
κ1977 Statutes of Nevada, Page 389 (CHAPTER 208, AB 128)κ
attend any school function, against tort liability resulting from an act or omission in the scope of his employment while attending such function.
3. As used in this section:
(a) Insure means to purchase a policy of insurance or establish a self-insurance reserve or fund, or any combination thereof.
(b) Local government means every political subdivision and every other governmental entity in this state.
Sec. 2. NRS 287.010 is hereby amended to read as follows:
287.010 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada [shall have the power:] may:
1. [To adopt] Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit [of such] of their officers and employees, and the dependents of [such] officers and employees [, as shall or may] who elect to accept the [same] insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on [such] the insurance.
2. [To purchase] Purchase group policies of life, accident or health insurance or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as shall have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, to deduct from the compensation of [such] officers and employees the premiums upon [such] insurance and pay [such] the deductions upon the premiums.
3. [To defray] Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund.
4. Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon [such] insurance. The funds for [such] contributions shall be budgeted for in accordance with the laws governing [such] the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
Sec. 3. NRS 288.200 is hereby amended to read as follows:
288.200 1. If by April 1, the parties have not reached agreement, either party, at any time up to May 1, may submit the dispute to an impartial factfinder for his findings and recommendations. These findings and recommendations are not binding on the parties except as provided in subsections 6 and 7.
2. If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association a list of seven potential factfinders. The parties shall select their factfinder from this list by alternately striking one name until the name of only one factfinder remains, who will be the factfinder to hear the dispute in question. The employee organization shall strike the first name.
3. The local government employer and employee organization each shall pay one-half of the cost of factfinding. However, each party shall pay its own costs of factfinding incurred in the preparation and presentation of its case in factfinding.
κ1977 Statutes of Nevada, Page 390 (CHAPTER 208, AB 128)κ
pay its own costs of factfinding incurred in the preparation and presentation of its case in factfinding.
4. The factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing. Such report shall be made no later than June 5, except as modified by the provisions of subsection 5.
5. In a regular legislative year, the factfinding hearing shall be stayed:
(a) In cases involving school districts, up to 15 days after the adjournment of the legislature sine die if the governor has exercised his authority pursuant to subsection 7.
(b) Up to 10 days after the adjournment of the legislature sine die in all other cases.
6. The parties to the dispute may agree, prior to the submission of the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.
7. If the parties do not mutually agree to make the findings and recommendations of the factfinder final and binding, the governor shall have the emergency power and authority, at the request of either party and prior to the submission of the dispute to factfinding, to order prior to May 1, that the findings and recommendations on all or any specified issues of a factfinder in a particular dispute will be final and binding. In a regular legislative year, in cases involving school districts, the governor may exercise his authority under this subsection within 10 days after the adjournment of the legislature sine die. The exercise of this authority by the governor shall be made on a case by case consideration and shall be made on the basis of his evaluation regarding the overall best interests of the state and all its citizens, the potential fiscal impact both within and outside the political subdivision, as well as any danger to the safety of the people of the state or a political subdivision.
8. [Any] Except as provided in subsection 9, any factfinder, whether acting in a recommendatory or binding capacity, shall base his recommendations or award on the following criteria:
(a) A preliminary determination shall be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer, and with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.
(b) Once the factfinder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, he shall use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute.
The factfinders report shall contain the facts upon which he based his recommendations or award.
9. Any reasonable and adequate sum of money necessary to insure against the risk undertaken which is maintained in a self-insurance reserve or fund shall not be counted in determining the financial ability of a local government employer and shall not be used to pay any monetary benefits recommended or awarded by the factfinder.
κ1977 Statutes of Nevada, Page 391 (CHAPTER 208, AB 128)κ
Sec. 4. Chapter 334 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state and any political subdivision or other governmental entity in this state may insure its property against the risk of damage or destruction, by purchase of a policy of insurance or by establishing a self-insurance reserve or fund, or a combination thereof.
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Senate Bill No. 215Committee on Legislative Functions
CHAPTER 209
AN ACT relating to the state legislature; providing for the payment of travel expenses and subsistence allowances to the secretary of the senate; and providing other matters properly relating thereto.
[Approved April 19, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.235 is hereby amended to read as follows:
218.235 [1. Until July 1, 1971, by adoption of a simple resolution the senate may authorize the payment to the secretary of the senate of a per diem expense allowance of $15 per day from the legislative fund while the legislature is in session, but the total amount paid shall not exceed the sum of $1,200 in any regular legislative session or the sum of $400 in any special legislative session.
2. On and after July 1, 1971, by adoption of a simple resolution the senate may authorize the payment to the secretary of the senate of a per diem expense allowance of $15 per day from the legislative fund while the legislature is in session.]
When proper claims are filed with the director of the legislative counsel bureau from time to time and approved by him pursuant to law, there shall be paid to the secretary of the senate from the legislative fund the secretarys expenses of initial travel from home to Carson City for a regular or special session of the legislature and return travel after adjournment sine die of the session, and a subsistence allowance shall be paid to the secretary for each day of such travel and each day of duty performed in connection with or during the session. The travel expenses and subsistence allowances shall be paid at the rates provided by law for public officers and employees.
Sec. 2. This act applies to the initial travel of the secretary of the senate to Carson City for the 59th session of the legislature and to all days of duty performed by the secretary in connection with and during such session before the effective date of this act as well as to travel and service performed after its effective date, but any payments which were made before its effective date to the secretary for travel or subsistence related to the 59th session shall be deducted from payments to be made pursuant to this act for such travel or subsistence.
Sec. 3. This act shall become effective upon passage and approval.
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κ1977 Statutes of Nevada, Page 392κ
Assembly Bill No. 2Assemblyman Vergiels
CHAPTER 210
AN ACT relating to housing authorities; increasing compensation of commissioners of housing authorities; and providing other matters properly relating thereto.
[Approved April 19, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 315.390 is hereby amended to read as follows:
315.390 1. A commissioner is entitled to necessary expenses, including travel expenses, incurred in the discharge of his duties.
2. An authority may provide by resolution that each commissioner is entitled to receive compensation of [$20] $40 for each meeting attended.
3. No commissioner may receive as compensation more than [$40] $120 in a calendar month.
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Assembly Bill No. 18Assemblyman Barengo
CHAPTER 211
AN ACT relating to state publications; revising provisions relating to the number of copies of the statutes to be printed; and providing other matters properly relating thereto.
[Approved April 19, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.510 is hereby amended to read as follows:
218.510 1. [Five hundred] A number of copies of the statutes of each legislature, not less than 500 and sufficient in the opinion of the director of the legislative counsel bureau to meet the requirements for free distribution and for sale, shall be printed and bound in buckram or law sheep.
2. The bound volumes shall contain:
(a) The laws, resolutions and memorials passed and adopted at each legislative session, stating the number of the bill, resolution or memorial, and the name of the person who introduced it.
(b) The statutory tables and index as prepared by the legislative counsel.
3. The bound volumes containing the statutes of legislative sessions held in odd-numbered years shall contain, in addition to the items required by subsection 2 of this section:
(a) The Constitution of the United States.
(b) The constitution of the State of Nevada.
4. Other than those specified in subsections 2 and 3, no other reports, documents or things whatever shall be bound with the Statutes of Nevada.
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κ1977 Statutes of Nevada, Page 393κ
Assembly Bill No. 20Assemblyman Banner
CHAPTER 212
AN ACT relating to industrial insurance; requiring employers who provide accident benefits to notify the commission when an injured employee receives medical services; and providing other matters properly relating thereto.
[Approved April 19, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every employer who has elected to provide accident benefits for his injured employees shall prepare and submit a written report to the commission:
(a) Within 6 days after any accident if an injured employee is examined or treated by a physician; and
(b) If the injured employee receives additional medical services.
2. The commission shall review each report to determine whether the employer is furnishing the accident benefits required by this chapter.
3. The content and form of the written reports shall be prescribed by the commission.
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Assembly Bill No. 422Assemblymen Jeffrey and Sena
CHAPTER 213
AN ACT relating to the motor vehicle fund; revising distribution of privilege taxes; revising percentages retained as commission to the state for collecting privilege taxes; and providing other matters properly relating thereto.
[Approved April 19, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.180 is hereby amended to read as follows:
482.180 1. There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. Money received by the department shall be deposited with the state treasurer to the credit of the motor vehicle fund. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter shall, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which such payment was credited, in the proper proportion.
2. [Funds] Money for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense.
κ1977 Statutes of Nevada, Page 394 (CHAPTER 213, AB 422)κ
3. The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and such [moneys] money shall be distributed monthly as provided in subsection 4.
4. The distribution of the privilege tax within a county shall be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in any such distribution. The amount attributable to the debt service of each school district shall be included in the allocation made to each county government. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455. Local governments, other than incorporated cities, shall receive no distribution if the distribution to such local government is less than [one-half of 1 percent of the total county allocation.] $100. Such undistributed [moneys] money shall accrue to the county general fund of the county in which such local government is located. The department shall make distributions directly to counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county shall be paid to the counties for distribution to such other local governments.
5. Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation shall be distributed among the counties in the following percentages:
Carson City............... 1.07 percent Lincoln........................ 3.12 percent
Churchill.................... 5.21 percent Lyon............................ 2.90 percent
Clark........................... 22.54 percent Mineral....................... 2.40 percent
Douglas..................... 2.52 percent Nye.............................. 4.09 percent
Elko............................. 13.31 percent Pershing..................... 7.00 percent
Esmeralda.................. 2.52 percent Storey......................... .19 percent
Eureka........................ 3.10 percent Washoe...................... 12.24 percent
Humboldt................... 8.25 percent White Pine................. 5.66 percent
Lander........................ 3.88 percent
Such distributions shall be allocated among local governments within the respective counties pursuant to the provisions of subsection 4.
6. As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of this chapter and chapter 706 of NRS the department shall retain [1 percent from Carson City and counties acting as agents of the department and 6 percent from counties where the department has established branch offices.] 6 percent from counties having a population of 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, and 1 percent from counties having a population of less than 100,000 as determined by such last preceding national census.
7. When the foregoing requirements have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
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κ1977 Statutes of Nevada, Page 395κ
Assembly Bill No. 503Assemblyman Howard
CHAPTER 214
AN ACT relating to county property; permitting the leasing of certain real property for certain commercial or residential purposes; and providing other matters properly relating thereto.
[Approved April 19, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.283 is hereby amended to read as follows:
244.283 1. When the board of county commissioners determines that the lease of real property belonging to the county for industrial, commercial, residential or recreational purposes is necessary [, the board shall have the power to] or desirable, the board may lease such real property, whether acquired by purchase, dedication or otherwise. The provisions of this subsection shall not be construed to permit the lease of any real property in contravention of any condition in a gift or devise of real property to the county.
2. Before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution shall:
(a) Describe the property proposed to be leased in such manner as to identify it.
(b) Specify the minimum rental, and the terms upon which it will be leased.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed proposals to lease will be received and considered.
3. Notice of the adoption of the resolution and of the time and place of holding the meeting shall 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) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
4. At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received shall, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease and which are made by responsible bidders, the proposal which is the highest shall be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
5. Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution, for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person shall be finally accepted.
6. The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
κ1977 Statutes of Nevada, Page 396 (CHAPTER 214, AB 503)κ
session or at any adjourned session of the same meeting held within the 10 days next following.
7. The board 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 such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from lease.
8. Any resolution of acceptance of any bid made by the board shall authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith.
9. All moneys received from rentals of real property shall be deposited forthwith with the county treasurer to be credited to the county general fund.
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Assembly Bill No. 552Assemblymen Mello and Howard
CHAPTER 215
AN ACT making a supplemental appropriation to the health division of the department of human resources for the support of the tuberculosis control program; and providing other matters properly relating thereto.
[Approved April 19, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the health division of the department of human resources for the support of the tuberculosis control program the sum of $24,218 as an additional and supplemental appropriation to that allowed and made by section 32 of chapter 679, Statutes of Nevada 1975.
Sec. 2. After June 30, 1977, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 551Assemblymen Mello and Howard
CHAPTER 216
AN ACT making a supplemental appropriation to the office of the secretary of state to pay costs of entering information on new corporations in the data processing master file; and providing other matters properly relating thereto.
[Approved April 19, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the office of secretary of state the sum of $7,400, as an additional and supplemental appropriation to that allowed and made by section 5 of chapter 679, Statutes of Nevada 1975, to pay the costs of entering information on new corporations in the data processing master file.
κ1977 Statutes of Nevada, Page 397 (CHAPTER 216, AB 551)κ
supplemental appropriation to that allowed and made by section 5 of chapter 679, Statutes of Nevada 1975, to pay the costs of entering information on new corporations in the data processing master file.
Sec. 2. After June 30, 1977, the unencumbered balance of the appropriation made by section 1 shall not be encumbered and shall revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 404Assemblyman Schofield
CHAPTER 217
AN ACT relating to community training centers for retarded persons; increasing minimum amounts of money allocable to each center; providing for allocation of certain other money to the centers; and providing other matters properly relating thereto.
[Approved April 20, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 435.290 is hereby amended to read as follows:
435.290 1. A center holding a certificate of qualification from the division is [eligible to receive] entitled to aid from the community training center fund in amounts not less than the amounts allocable under [subsections 2 and 3.] this section.
2. [Each] Except as provided in subsection 5, each center in the state is [eligible to receive that percentage of available funds as the ratio of the number of enrollees of each center bears to the total number of enrollees in all centers in the state, but not less than $300] entitled to not less than:
(a) Four hundred dollars per enrollee per quarter [, except that each community center shall be given a minimum of $14,000] ; or
(b) Sixteen thousand dollars per year [as long as] if the center maintains a minimum of five enrollees per quarter and [their] its staff and operating expenses are [in the amount of $14,000 or more] at least $16,000 each year, [.]
whichever is greater.
3. The division, in its discretion, may grant aid from the community training center fund to help in establishing new centers. This aid in the aggregate shall not exceed [one-half of the fund during the fiscal year ending June 30, 1970, and shall not exceed] one-fourth of the [fund thereafter.] money available in the fund for the year in which it is given.
4. Except as provided in subsection 5, after providing for the allocations authorized in subsections 2 and 3, the division shall allocate any other money available in the fund to the qualified centers according to the number of programs offered by each center and the number of enrollees in each program. The division shall determine the relative weight to be given to these factors.
κ1977 Statutes of Nevada, Page 398 (CHAPTER 217, AB 404)κ
5. The amount of money which a center is entitled to receive per enrollee per quarter or per year does not exceed the amount specified in the budget for the community training center fund as approved by the most recent session of the legislature.
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Assembly Bill No. 288Assemblymen Horn, Hayes, Dreyer, Vergiels, Schofield, Wagner, Craddock, Bremner, Moody, Rhoads, May, Sena, Westall, Glover, Jeffrey, Hickey, Harmon, Mann, Chaney, Mello and Serpa
CHAPTER 218
AN ACT relating to public offenders; requiring public offenders to pay costs of medical treatment under certain conditions; and providing other matters properly relating thereto.
[Approved April 20, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 211.140 is hereby amended to read as follows:
211.140 1. The sheriff of each county has charge and control over all prisoners committed to his care in the respective county jails, and the chiefs of police and town marshals in the several cities and towns throughout this state have charge and control over all prisoners committed to their respective city and town jails.
2. The sheriffs, chiefs of police and town marshals, and each of them, shall see that the prisoners under their care are at all times kept at labor on the public works in their respective counties, cities and towns, at least 6 hours a day during 6 days of the week, when the weather permits when required by the board of county commissioners or metropolitan police commission, by the mayor and board of aldermen of their respective cities or by the board of trustees of their respective towns.
3. Public works as used in NRS 211.120 to 211.170, inclusive, means the construction, repair, or cleaning of any streets, road, sidewalks, public square, park, building, cutting away hills, grading, putting in sewers, or other work whatever, which is or may be authorized to be done by and for the use of any of the counties, cities or towns, and the expense of which is not to be borne exclusively by persons or property particularly benefited thereby.
4. The sheriff, chief of police or town marshal shall arrange for the administration of such medical care as may be required by prisoners committed to his custody. [The cost of the medical care is a charge upon the county, commission, city or town maintaining the jail. If the medical care is furnished by a county hospital, the cost of the care shall be paid forthwith into the county treasury for credit to the hospital fund.] The county, city or town, or the metropolitan police department where one exists, shall pay the cost of appropriate medical:
(a) Treatment for injuries incurred by a prisoner during his arrest for commission of a public offense or while he is in custody;
κ1977 Statutes of Nevada, Page 399 (CHAPTER 218, AB 288)κ
(b) Treatment for any infectious, contagious or communicable disease which the prisoner contracts while he is in custody; and
(c) Examinations required by law or by court order unless the order otherwise provides.
5. A prisoner shall pay the cost of medical treatment for:
(a) Injuries incurred by the prisoner during his commission of a public offense;
(b) Injuries or illnesses which existed before the prisoner was taken into custody; and
(c) Except treatment provided pursuant to subsection 4, any other injury or illness incurred by the prisoner.
6. A health and care facility furnishing treatment pursuant to subsection 5 shall attempt to collect the cost of the treatment from the prisoner or his insurance carrier. If the facility is unable to collect the cost and certifies to the appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.
Sec. 2. NRS 176.189 is hereby amended to read as follows:
176.189 1. The court may order as a condition of probation or suspension of sentence, in appropriate circumstances, that the defendant make restitution to the person or persons named in the order, at the times and in the amounts specified in such order. Such an order may require payment for medical treatment of any person whom the defendant has injured.
2. Failure to comply with the terms of an order for restitution is a violation of a condition of probation or suspension of sentence unless the defendants failure has been caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of such hardship.
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Assembly Bill No. 200Assemblyman Jacobsen
CHAPTER 219
AN ACT relating to the legislative building and grounds; enlarging the area reserved to the control of the legislature; transferring the responsibility for maintenance; and providing other matters properly relating thereto.
[Approved April 20, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 331.135 is hereby amended to read as follows:
331.135 1. [Except as provided in subsections 2 and 3, the legislature reserves the supervision and control of the entire legislative building, including its chambers, offices, committee and other rooms, and furnishings and equipment thereof, both during and between legislative sessions. The director of the legislative counsel bureau shall provide an individual office for each legislator whose position as an officer or committee chairman does not otherwise entitle him to occupy an assigned office.
κ1977 Statutes of Nevada, Page 400 (CHAPTER 219, AB 200)κ
individual office for each legislator whose position as an officer or committee chairman does not otherwise entitle him to occupy an assigned office.
2. During periods when the legislature is not in session, the superintendent is responsible for the allocation of times and assignments for use to both governmental entities and the public of the auditorium on the first floor of the legislative building.
3. The superintendent may establish and charge such fees as may be reasonable for the use by the public of such auditorium.
4. The director of the legislative counsel bureau is authorized to assign the use of all space in the legislative building, except the auditorium on the first floor as provided in subsection 2, during the interim between sessions of the legislature.
5. At all times the maintenance of the legislative chambers and the legislative building shall be under the supervision and control of the superintendent and the chambers and building shall be kept clean, orderly and presentable as befitting public property and the dignity of the legislature.] The legislature reserves the supervision and control, both during and between legislative sessions, of:
(a) The entire legislative building, including its chambers, offices, committee and other rooms, and its furnishings and equipment; and
(b) The entire parcel of land bounded on the west by Carson Street, on the south by Fifth Street, on the east by Fall Street, and on the north by the sidewalk along the south fence of the capitol grounds.
2. The director of the legislative counsel bureau:
(a) Shall provide an individual office for each legislator whose position as an officer or committee chairman does not otherwise entitle him to occupy an assigned office.
(b) May assign the use of all space in the legislative building during the interim between sessions of the legislature, and establish and charge reasonable fees for any use by the public of the auditorium on the first floor.
3. The director of the legislative counsel bureau shall cause the legislative building, chambers and grounds to be kept in good repair, clean, orderly and presentable as befits public property and the dignity of the legislature. For this purpose he may, in addition to his general power to employ or contract for the services of personnel, contract with any private enterprise or governmental agency for the provision of appropriate services.
Sec. 2. The chief of the buildings and grounds division of the department of general services shall on July 1, 1977, deliver to the director of the legislative counsel bureau substantially the same quantity and quality of janitorial equipment as was used in the legislative building during the month of January 1977.
__________
κ1977 Statutes of Nevada, Page 401κ
Assembly Bill No. 217Committee on Judiciary
CHAPTER 220
AN ACT relating to corporations; increasing certain filing fees; adding certain filing requirements; and providing other matters properly relating thereto.
[Approved April 20, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 78.150 is hereby amended to read as follows:
78.150 1. [Every] Each corporation organized under the laws of this state shall, on or before July 1 of each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, [the list of officers and directors and designation of resident agent to be] certified by the president, secretary or other officer of the corporation.
2. Upon filing the list of officers and directors and designation of resident agent, [every such] the corporation shall pay to the secretary of state a fee of [$10.] $20.
3. The secretary of state shall, 30 days prior to July 1 of each year, cause to be mailed to [all corporations] each corporation required to comply with the provisions of NRS 78.150 to 78.190, inclusive, [and which have not theretofore] which has not become delinquent, the blank forms to be filed with the secretary of state. Failure of any corporation to receive the forms will not excuse [such] the corporation from the penalty imposed by [the provisions of NRS 78.150 to 78.190, inclusive.] law.
Sec. 2. NRS 78.160 is hereby amended to read as follows:
78.160 1. [Every corporation hereafter] Each corporation organized under the laws of this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:
(a) File a list of its officers and directors, a designation of its resident agent, and a certificate of acceptance signed by the resident agent. [so designated.] The address of the resident agent shall be the same as that of the principal office.
(b) Pay to the secretary of state a fee [therefor of $10.] of $20.
(c) File a copy of the designation of resident agent in the office of the county clerk of the county in which the principal office of the corporation in this state is located.
2. Annually [thereafter such] the corporation shall file a list of its officers and directors and pay the fee [set forth in NRS 78.150.] prescribed by law.
Sec. 3. NRS 78.170 is hereby amended to read as follows:
78.170 1. Any corporation required to make the filings and pay the fee provided in NRS 78.150 to 78.190, inclusive, which [shall refuse or neglect] refuses or neglects to do so within the time provided, shall be deemed in default.
2. For [such] default there shall be added to the amount of the fee a penalty of [$2.50.] $5, and unless [such filings be] the filings are made and [such] the fee and penalty [be] are paid on or before the 1st Monday in August following, the defaulting corporation shall, by reason of [such] its default, forfeit:
κ1977 Statutes of Nevada, Page 402 (CHAPTER 220, AB 217)κ
and [such] the fee and penalty [be] are paid on or before the 1st Monday in August following, the defaulting corporation shall, by reason of [such] its default, forfeit:
(a) The amount of the tax and penalty [aforesaid] to the State of Nevada; and
(b) Its right to transact any business within this state.
The fee and penalty shall be collected as [hereinafter] provided [.] in this chapter.
Sec. 4. NRS 78.180 is hereby amended to read as follows:
78.180 1. Subject to the provisions of subsections 3 and 4, the secretary of state is authorized:
(a) To reinstate any corporation which has forfeited [or which shall forfeit] its right to transact business under the provisions of NRS 78.150 to 78.190, inclusive; and
(b) To restore to [such] the corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, upon the filing with the secretary of state of an affidavit stating the reason for the revocation of its charter, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, and also all filing fees, licenses and penalties which have accrued since the revocation of its charter.
2. [In case such] When payment is made and the secretary of state reinstates the corporation to its former rights he shall:
(a) Immediately issue and deliver to the corporation [so reinstated] a certificate of reinstatement authorizing it to transact business [in the same manner] as if the filing fee had been paid when due; and
(b) Upon demand, issue to the corporation one or more certified copies of [such] the certificate of reinstatement, a copy of which shall be filed in the office of the county clerk of the county in which the principal place of business of [such] the corporation is located or in any other county in which it [may own, hold or lease] owns, holds or leases property or [transact] transacts business.
3. [In no case shall the] The secretary of state shall not order a reinstatement unless all [such] delinquent fees, penalties and costs have been paid, and [such] the revocation of the charter occurred only by reason of failure to pay [such] the fees, penalties and costs.
4. If a corporate charter has been revoked pursuant to the provisions of NRS 78.175 and has remained revoked for a period of 10 consecutive years, [such] the charter shall not be [subject to reinstatement.
5. At least 30 days before the right of a corporation to reinstatement is due to expire pursuant to the provisions of subsection 4, the secretary of state shall send notice of such fact to the last registered agent of such corporation or to the last president of the corporation. The notice shall state the conditions under which reinstatement may be granted prior to the expiration of the 10-year period.] reinstated.
Sec. 5. NRS 78.760 is hereby amended to read as follows:
78.760 1. The fee for filing articles of incorporation or agreements of consolidation providing for shares [shall be as] is provided in the following schedule:
κ1977 Statutes of Nevada, Page 403 (CHAPTER 220, AB 217)κ
Amount represented by the total number of shares provided for in the articles of incorporation or the agreement of consolidation:
$25,000 or less................................................................................................ [$25] $50
Over $25,000 and not over $75,000.................................................................. [40] 75
Over $75,000 and not over $200,000............................................................. [75] 115
Over $200,000 and not over $500,000......................................................... [100] 175
Over $500,000 and not over $1,000,000...................................................... [150] 250
Over $1,000,000:
For the first $1,000,000..................................................................... [150] 250
For each additional $500,000 or fraction thereof............................ [75] 125
2. For the purposes of computing the filing fees according to the schedule in subsection 1, the amount represented by the total number of shares provided for in the articles of incorporation or the agreement of consolidation [shall be:] is:
(a) The aggregate par value of the shares, if only shares with a par value are therein provided for;
(b) The product of the number of shares multiplied by $10, regardless of any lesser amount prescribed as the value or consideration for which shares may be issued and disposed of, if only shares without par value are therein provided for; or
(c) The aggregate par value of the shares with a par value plus the product of the number of shares without par value multiplied by $10, regardless of any lesser amount prescribed as the value or consideration for which the shares without par value may be issued and disposed of, if shares with and without par value are therein provided for.
Sec. 6. NRS 78.785 is hereby amended to read as follows:
78.785 1. The fee for filing a certificate of change of location of principal office or resident agent, or a new designation of resident agent following resignation, death or removal from the state of the resident agent previously designated, [shall be] is $5.
2. The fee for filing a designation of resident agent, other than as provided in NRS 78.160, [shall be] is $5.
3. The fee for certifying [to] articles of incorporation where a copy is provided [shall be] is $5.
4. The fee for certifying [to] a copy of amendment to articles of incorporation, or to a copy of the articles as amended where a copy is furnished, [shall be] is $5.
5. The fee for certifying [to] an authorized printed copy of the general corporation law as compiled by the secretary of state [shall be] is $5.
6. The fee for certifying [to] the reservation of a corporate name [shall be] is $2.
7. The fee for executing any certificate not provided for in NRS 78.760 to 78.785, inclusive, [shall be] is $5.
8. The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made [therein] before certifying [thereto, shall be] , is 20 cents for each folio of 100 words of each document or paper [so] compared.
κ1977 Statutes of Nevada, Page 404 (CHAPTER 220, AB 217)κ
9. The fee for furnishing a photostatic copy of any document, paper or record on file or of record in the office of the secretary of state [shall be] is $1 per photostatic page where [such] the page does not exceed 8 1/2 by 14 inches. For photostatic pages of larger size, the secretary of state may charge [such fee as he may determine] the fee which he determines to be reasonable.
[10. The fee for filing a list of officers and directors or trustees shall be as provided in NRS 78.150.]
Sec. 7. NRS 80.010 is hereby amended to read as follows:
80.010 1. Before commencing or doing any business in this state, every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, which enters this state for the purpose of doing business therein, shall [:
(a) File] file in the office of the secretary of state of Nevada: [a certified copy of its articles of incorporation, or of the statute or statutes, or legislative, or executive, or governmental acts, or other instrument or authority by which it was created;
(b) File in the office of the secretary of state of Nevada certified copies of all papers, documents and instruments, amendatory thereof, supplemental thereto, or otherwise related to any of the instruments of creation designated in paragraph (a), which, pursuant to the laws of the place of creation of the corporation are required to be filed or recorded in the place of creation, and which have been filed or recorded therein since the creation of the corporation to the date of submission of the papers, documents and instruments to the office of the secretary of state of Nevada for the purpose of qualifying the corporation in this state.
2. In lieu of the papers, documents and instruments required to be filed pursuant to paragraphs (a) and (b) of subsection 1, a foreign corporation may file in the office of the secretary of state of Nevada certified copies of all papers, documents and instruments which have been filed in the place of incorporation of such corporation and pursuant to the laws thereof to restate, supersede, consolidate or replace the articles, charter or certificate of incorporation of such corporation, together with any papers, documents or instruments which supplement such restated, superseding, consolidating or replacing papers, documents or instruments.
3. Each such corporation shall submit with the certified papers, documents and instruments required by paragraphs (a) and (b) of subsection 1 a second copy of all thereof, conformed in every respect to the certified papers, documents and instruments, for certification by the secretary of state of Nevada and for filing by the corporation in the office of the county clerk of the county where its principal place of business is located in this state. The county clerk may microfilm rather than file such copy.
4.] (a) A certificate of corporate existence issued by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, shall be attached thereto.
κ1977 Statutes of Nevada, Page 405 (CHAPTER 220, AB 217)κ
English, a translation, together with the oath of the translator and his attestation of its accuracy, shall be attached thereto.
(b) A statement executed by an officer of the corporation, duly acknowledged before an officer authorized by the laws of this state to take acknowledgments of deeds; setting forth:
(1) The name and address of its registered agent in this state, who shall be a natural person residing in, or another corporation with its principal office located in this state;
(2) As of a date not earlier than 6 months prior to the filing date, the authorized capital stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares, as set forth in the articles of incorporation as last amended; and
(3) A general description of the purposes of the corporation.
2. The secretary of state shall not file the [articles of incorporation of] documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to, the name of any corporation formed or incorporated in this state or any other foreign corporation authorized to transact business within this state or a name reserved for the use of any proposed corporation, [under NRS 78.040,] unless the written acknowledged consent of such other corporation or person for whom such name is reserved to the adoption of such name is filed with the [articles.] documents.
Sec. 8. NRS 80.030 is hereby amended to read as follows:
80.030 [1. Any foreign corporation qualified to transact business in this state shall, upon the filing in the place of its creation of any paper, document or instrument amendatory of, supplemental to, or otherwise related to the instrument of its creation, and which pursuant to the laws of the place of its creation is to be filed or recorded therein, forthwith file with the secretary of state of Nevada a copy thereof, certified by the official with whom the same shall have been filed in the place of its creation, in the manner prescribed in NRS 80.010 and 80.020.
2. If any corporation shall fail to file any of the papers referred to in subsection 1 in the manner and at the time therein prescribed, and the secretary of state shall have knowledge that the same have not been thus filed in his office but are of record in the place where the corporation was created, he shall refuse to file any such papers thereafter submitted for filing until the corporation shall first cause to be filed in his office, and pay the filing fee applicable thereto, such papers as the corporation has failed previously to file as provided in subsection 1.]
1. Each foreign corporation admitted to do business in this state shall, within 30 days after the filing of any document amendatory or otherwise relating to the original articles in the place of its creation, file in the office of the secretary of state:
(a) A certificate evidencing the filing, issued by the authorized officer of the place of its creation with whom the document was filed; and
(b) A statement of an officer of the corporation, acknowledged before an officer authorized to take acknowledgments of deeds, of the change reflected by the filing of the document, showing its relation to the name, authorized capital stock, or general purposes.
2. When a foreign corporation authorized to do business in this state becomes a constituent of a merger permitted by the laws of the state or country in which it is incorporated, it shall, within 30 days after the merger becomes effective, file a certificate, issued by the proper officer of the place of its creation, attesting to the occurrence of the event, in the office of the secretary of state.
κ1977 Statutes of Nevada, Page 406 (CHAPTER 220, AB 217)κ
becomes a constituent of a merger permitted by the laws of the state or country in which it is incorporated, it shall, within 30 days after the merger becomes effective, file a certificate, issued by the proper officer of the place of its creation, attesting to the occurrence of the event, in the office of the secretary of state.
Sec. 9. NRS 80.040 is hereby amended to read as follows:
80.040 If the papers required by NRS 80.010 [, 80.020] and 80.030 to be filed in this state are of record in a [foreign] language other than English in the place of creation of the corporation, the certified papers in [such foreign] that language shall be accompanied by a verified translation [thereof] into the English language.
Sec. 10. NRS 80.050 is hereby amended to read as follows:
80.050 1. Foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state, but [in no case shall the amount of fees to be paid exceed:] the amount of fees paid shall not exceed:
(a) The sum of $25,000 for filing initial qualification documents; or
(b) The sum of $25,000 for each subsequent filing of an amendment certificate increasing authorized capital stock.
2. If the corporate documents required to be filed set forth only the total number of shares of stock the corporation is authorized to issue without reference to value, the authorized shares shall be considered to be without par value and the filing fee shall be computed pursuant to paragraph (b) of subsection 2 of NRS 78.760.
3. The fee for filing notice of withdrawal from the State of Nevada by foreign corporations [shall be] is $10.
Sec. 11. NRS 80.110 is hereby amended to read as follows:
80.110 1. [Every] Each foreign corporation doing business in this state shall, on or before July 1 of each year, file with the secretary of state a copy of any amendment to its articles of incorporation which changes the name of the corporation or increases its capitalization, a list of its officers and directors and a designation of its resident agent in this state, [the list of officers and designation of resident agent to be] certified by the president, secretary or other officer of the corporation.
2. Upon filing [such list of officers and directors and designation of resident agent, every such] the amendments, list and designation, the corporation shall pay to the secretary of state a fee of [$10.] $20.
3. The secretary of state shall, 30 days prior to July 1 of each year, cause to be mailed to all corporations required to comply with the provisions of NRS 80.110 to 80.180, inclusive, and which have not [theretofore] become delinquent, the blank forms to be filed with the secretary of state. Failure of any corporation to receive the forms will not excuse such corporation from the penalty imposed by the provisions of NRS 80.110 to 80.180, inclusive.
Sec. 12. NRS 80.130 is hereby amended to read as follows:
80.130 1. [Every] Each foreign corporation [hereafter] coming into this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:
(a) File a list of its officers and directors and a designation of its resident agent, and a certificate of acceptance signed by the resident agent [so] designated.
κ1977 Statutes of Nevada, Page 407 (CHAPTER 220, AB 217)κ
[so] designated. The address of the resident agent shall be the same as that of the principal office.
(b) Pay to the secretary of state a fee therefor of [$10.] $20.
2. [Annually thereafter such] The corporation shall annually file a list of its officers and directors and designation of resident agent and pay the fee [set forth in NRS 80.110.] prescribed by law.
Sec. 13. NRS 80.150 is hereby amended to read as follows:
80.150 1. Any corporation required to make the filing and pay the fee provided in NRS 80.110 to 80.180, inclusive, which [shall refuse or neglect] refuses or neglects to do so within the time provided, shall be deemed in default.
2. For [such] default there shall be added to the amount of the fee a penalty of [$2.50,] $5, and unless [such filings be made and such] the filings are made and the fee and penalty [be] are paid on or before the 1st Monday in August following, the defaulting corporation shall, by reason of [such] its default, forfeit:
(a) The amount of the tax and penalty [aforesaid] to the State of Nevada; and
(b) Its right to transact any business within this state.
The fee and penalty shall be collected as [hereinafter] provided [.] in this chapter.
Sec. 14. NRS 80.020 is hereby repealed.
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Assembly Bill No. 550Assemblymen Polish, Bremner, May, Howard, Goodman, Rhoads and Serpa
CHAPTER 221
AN ACT relating to motor vehicle traffic; increasing speed limit for school buses while transporting pupils; and providing other matters properly relating thereto.
[Approved April 20, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.365 is hereby amended to read as follows:
484.365 [1. A bus identified as, and meeting the requirements for, a] A school bus shall not exceed a speed of [50] 55 miles per hour when transporting pupils to and from school [.] or any activity which is properly a part of a school program.
[2. A bus identified as, and meeting the requirements for, a school activity bus shall not exceed the maximum speed established by rules and regulations adopted by the department of motor vehicles for such buses.]
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κ1977 Statutes of Nevada, Page 408κ
Assembly Bill No. 487Committee on Government Affairs
CHAPTER 222
AN ACT relating to the enactment of county ordinances; deleting the requirement that proposed ordinances be read aloud in full to the board of county commissioners and requiring copies of proposed ordinances to be filed with the county clerk for public examination; and providing other matters properly relating thereto.
[Approved April 20, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.100 is hereby amended to read as follows:
244.100 1. All proposed ordinances, when first proposed, shall be read [aloud in full] by title to the board, immediately after which at least one copy of the proposed ordinance shall be filed with the county clerk for public examination, and final action thereon shall be deferred until the next regular meeting of the board; but in cases of emergency, by unanimous consent of the whole board, final action may be taken immediately or at a special meeting called for that purpose.
2. All ordinances shall be:
(a) Signed by the chairman of the board.
(b) Attested by the county clerk.
(c) Published by title only, together with the names of the county commissioner voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before [the same shall go] it goes into effect. Publication by title shall also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.
3. Whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the board of county commissioners, no further publication [shall be] is necessary.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 77Committee on Judiciary
CHAPTER 223
AN ACT relating to criminal judgments and execution; repealing provisions for stay of execution of sentence pending application for clemency; and providing other matters properly relating thereto.
[Approved April 20, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.375 to 176.405, inclusive, are hereby repealed.
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κ1977 Statutes of Nevada, Page 409κ
Assembly Bill No. 21Assemblymen Robinson, Harmon, Banner, Barengo, Coulter and Wagner
CHAPTER 224
AN ACT relating to highways; requiring certain highway signs to contain measurements based on metric units; and providing other matters properly relating thereto.
[Approved April 20, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 408.950 is hereby amended to read as follows:
408.950 1. As a part of every plan and of all specifications and contracts for the construction of highways, provisions shall be made for the erection of permanent guideposts and signboards at every point where another road crosses or diverges from such highways and at all places requiring warning to the traveling public as to the condition of the road, such as dangerous turns and steep grades. Such guideposts and signboards shall contain plain and accurate information as to the distances of towns and other points such as is usually contained on signboards for the information of the traveling public.
2. The department shall:
(a) Cause to be put up, and to be kept up thereafter, on and along the highways, all such usual and necessary road markers and highway signs as have been adopted or shall hereafter, from time to time, be adopted by the American Association of State Highway and Transportation Officials.
(b) Cause to be put up, and to be kept up thereafter, informative signs, distinctive in color and design, pointing out, calling attention to and descriptive of nearby points, location of and distance to water, and objects of natural, scenic, geographical, geological, paleographical and historical interest to the traveler within or passing through the state.
3. Every guidepost, signboard, road marker, highway sign, informative sign and descriptive sign put up by the department pursuant to this section shall contain measurements based on metric units if:
(a) The Federal Highway Administration of the United States Department of Transportation issues specifications for utilizing measurements based on metric units; and
(b) Money is made available for this purpose by the Federal Government.
4. Any person who [shall willfully tear down, dig up, or in any manner deface, destroy or carry away] willfully tears down, digs up, or in any manner defaces, destroys or carries away any such guideboards, road markers, highway signs or descriptive signs as provided in this section [shall be] is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the markers or signs destroyed, damaged, removed or defaced and in no event less than a misdemeanor; and the department [shall have] has a cause of action against such person in a court of competent jurisdiction for the amount expended for repairs and replacement of such signs and markers, together with the cost and expenses incurred in such action.
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κ1977 Statutes of Nevada, Page 410κ
Senate Bill No. 142Senator Glaser
CHAPTER 225
AN ACT relating to executors and administrators; making either the surviving husband or wife eligible to be appointed by the district court in substitution for any deceased or incapacitated executor or administrator; and providing other matters properly relating thereto.
[Approved April 20, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 141.070 is hereby amended to read as follows:
141.070 If all the executors or administrators [shall] die or from any cause become incapable of executing the trust, or the [power and] authority of all of them [shall be] is revoked or annulled according to law, the district court shall direct letters of administration with the will annexed, or otherwise, to be issued to the [widow,] surviving husband or wife, next of kin or others, in the same manner as directed in relation to original letters of administration. The administrator so appointed shall give bond in like penalty, with like sureties and conditions as required of administrators, and shall have the [like power and] same authority.
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Senate Bill No. 387Committee on Judiciary
CHAPTER 226
AN ACT relating to courts and judicial officers; prescribing certain powers of the commission on judicial selection; providing for the compensation of its members; and providing other matters properly relating thereto.
[Approved April 20, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 1 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The commission on judicial selection may adopt regulations for the operation of the commission and for maintaining the confidentiality of its proceedings and records.
Sec. 3. 1. Members of the commission on judicial selection and employees of the commission are entitled to reimbursement for travel expenses and subsistence allowances as provided by law.
2. Each member of the commission who is not a judicial officer is entitled to receive $40 for each days attendance at each meeting of the commission.
Sec. 4. All public officers and employees of the state, its agencies and political subdivisions and all officers of the court shall cooperate with the commission on judicial selection in any lawful investigation or proceeding of the commission and furnish information and reasonable assistance to the commission or its authorized representative.
κ1977 Statutes of Nevada, Page 411 (CHAPTER 226, SB 387)κ
Sec. 5. The court administrator shall serve as secretary, prepare the budget and manage the fiscal affairs of the commission on judicial selection.
Sec. 6. Each member of the commission who is not a judicial officer is entitled to receive $40 for each day which he actually spent on the work of the commission between January 1, 1977, and the effective date of this act. Claims shall be submitted and paid as other claims against the state are paid.
Sec. 7. This act shall become effective upon passage and approval.
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Senate Bill No. 390Senator Dodge
CHAPTER 227
AN ACT relating to cities incorporated under general law; allowing the city council to prescribe the amount of bond required of the treasurer; and providing other matters properly relating thereto.
[Approved April 20, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 266.420 is hereby amended to read as follows:
266.420 1. Every officer of any city, whether elected or appointed, shall, before he enters upon the duties of his office take and subscribe to the constitutional oath of office.
2. Every officer of any city who is responsible for the handling of city funds shall execute a bond payable to the city in such penal sum as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of his office, and the payment of all moneys received by such officer according to law and the ordinances of the city.
[3. The treasurers bond shall be fixed at a sum not less than the amount of the whole tax for the last preceding year.]
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Senate Bill No. 380Committee on Human Resources and Facilities
CHAPTER 228
AN ACT relating to county government; permitting an increase in the fee for physical examination of food handlers.
[Approved April 21, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.369 is hereby amended to read as follows:
244.369 1. Subject to the limitations contained in subsection 2, any board of county commissioners may by ordinance require that any food handler, as defined in NRS 446.030, submit to physical examination as a prerequisite to engaging in or continuing to engage in such occupation.
κ1977 Statutes of Nevada, Page 412 (CHAPTER 228, SB 380)κ
handler, as defined in NRS 446.030, submit to physical examination as a prerequisite to engaging in or continuing to engage in such occupation.
2. Any ordinance enacted pursuant to the provisions of subsection 1 shall provide that no food handler is required to pay in excess of [$4] $5 for any or all required physical examinations in any 2-year period.
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Senate Bill No. 397Senator Dodge
CHAPTER 229
AN ACT relating to cities incorporated under general law; deleting the requirement of an annual financial statement; and providing other matters properly relating thereto.
[Approved April 21, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 266.495 is hereby repealed.
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Senate Bill No. 20Senator Sheerin
CHAPTER 230
AN ACT relating to private corporations; permitting the members of a corporate board or committee to participate in a meeting through the use of conference telephones or similar devices; and providing other matters properly relating thereto.
[Approved April 21, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 78.315 is hereby amended to read as follows:
78.315 1. Unless the certificate or articles of incorporation, or an amendment thereof, or the bylaws, [shall] provide for a lesser proportion, a majority of the board of directors of the corporation, at a meeting duly assembled, [shall be] is necessary to constitute a quorum for the transaction of business, and the act of a majority of the directors present at a meeting at which a quorum is present [shall be] is the act of the board of directors or trustees.
2. Unless otherwise restricted by the articles of incorporation or bylaws, any action required or permitted to be taken at any meeting of the board of directors or of any committee thereof may be taken without a meeting if a written consent thereto is signed by all the members of the board or of such committee. Such written consent shall be filed with the minutes of proceedings of the board or committee.
κ1977 Statutes of Nevada, Page 413 (CHAPTER 230, SB 20)κ
3. Unless otherwise restricted by the articles of incorporation or bylaws, members of the board of directors or the governing body of any corporation, or of any committee designated by such board or body, may participate in a meeting of such board, body or committee by means of a conference telephone network or a similar communications method by which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection constitutes presence in person at such meeting. Each person participating in the meeting shall sign the minutes thereof. The minutes may be signed in counterparts.
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Senate Bill No. 360Committee on Taxation
CHAPTER 231
AN ACT relating to state financial administration; requiring more frequent deposits of state money into the state treasury; and providing other matters properly relating thereto.
[Approved April 21, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 353.250 is hereby amended to read as follows:
353.250 1. Every state officer, department or commission which receives or which may receive any [moneys] money of the State of Nevada or for its use and benefit shall [pay into the state treasury on the 1st Monday of each month all moneys] deposit with the state treasurer on Monday of each week, either at the state treasurers office or to the credit of the state treasurers bank account, all money received by such officer, department or commission during the previous [calendar month,] week, together with a complete itemized statement covering all financial transactions during the [month.] week, except that on any day when the money accumulated for deposit is $10,000 or more, a deposit shall be made on that day.
2. Every officer, department or commission making a deposit to the credit of the state treasurers bank account pursuant to subsection 1 shall notify the office of the state treasurer by telephone at the time of deposit.
3. Every officer, head of any department or commissioner [failing] who fails to comply with the provisions of this section [shall be] is guilty of a misdemeanor in office.
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κ1977 Statutes of Nevada, Page 414κ
Senate Bill No. 131Committee on Judiciary
CHAPTER 232
AN ACT relating to parole; providing for a reduction in the period of parole by the amount of credits for good behavior and other credits earned in prison; and providing other matters properly relating thereto.
[Approved April 21, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.033 is hereby amended to read as follows:
176.033 1. Where a sentence of imprisonment is required or permitted by statute, the court shall sentence the defendant to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits [provided] prescribed by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant.
2. [When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the state board of parole commissioners from the time he is released on parole under the provisions of chapter 213 of NRS until the expiration of the term of imprisonment imposed by the court irrespective of any good time or other credits against such term.
3.] At any time after a [parolee] prisoner has been released on parole and has served one-half of the period of his parole, the state board of parole commissioners, upon the recommendation of the department of parole and probation, may petition the court of original jurisdiction requesting a modification of sentence. The board shall give notice of the petition and hearing thereon to the attorney general or district attorney who had jurisdiction in the original proceedings. Upon hearing the recommendation of the state board of parole commissioners and good cause appearing, the court may modify the [parolees] original sentence by reducing the term of imprisonment [, but in no event shall the term be made less than any minimum term] but shall not make the term less than the minimum limit prescribed by the applicable penal statute.
Sec. 2. NRS 213.1099 is hereby amended to read as follows:
213.1099 1. Except as provided in subsection 2, the board may release on parole a prisoner otherwise eligible for parole under NRS 213.107 to 213.160, inclusive, only if, from all the information known to the board, it appears to the board:
(a) That there is a reasonable probability that such prisoner will live and remain at liberty without violating the laws; and
(b) That such release is not incompatible with the welfare of society.
2. When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the term of imprisonment imposed by the court [irrespective of] less any good time or other credits earned against such term.
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κ1977 Statutes of Nevada, Page 415κ
Assembly Bill No. 120Assemblymen Wagner, Kosinski, Murphy, Jeffrey, Coulter, Gomes, Barengo and Price
CHAPTER 233
AN ACT relating to health insurance contracts; providing for coverage of complications of pregnancy as part of maternity benefits; and providing other matters properly relating thereto.
[Approved April 21, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No health insurance policy may be delivered or issued for delivery in this state if it contains any exclusion, reduction or other limitation of coverage relating to complications of pregnancy, unless the provision applies generally to all benefits payable under the policy.
2. As used in this section, the term complications of pregnancy includes any condition which requires hospital confinement for medical treatment and:
(a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or
(b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.
3. A policy subject to the provisions of this chapter which is delivered or issued for delivery on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision of the policy which is in conflict with this section is void.
Sec. 2. Chapter 689B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No group health or blanket health policy may be delivered or issued for delivery in this state if it contains any exclusion, reduction or other limitation of coverage relating to complications of pregnancy, unless the provision applies generally to all benefits payable under the policy.
2. As used in this section, the term complications of pregnancy includes any condition which requires hospital confinement for medical treatment and:
(a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to the pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or
(b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.
3. A policy subject to the provisions of this chapter which is delivered or issued for delivery on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision of the policy which is in conflict with this section is void.
κ1977 Statutes of Nevada, Page 416 (CHAPTER 233, AB 120)κ
Sec. 3. Chapter 695B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No hospital, medical or dental service contract issued by a corporation under the provisions of this chapter may contain any exclusion, reduction or other limitation of coverage relating to complications of pregnancy, unless the provision applies generally to all benefits payable under the contract.
2. As used in this section, the term complications of pregnancy includes any condition which requires hospital confinement for medical treatment and:
(a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to the pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or
(b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.
3. A contract subject to the provisions of this chapter which is issued or delivered on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision of the contract which is in conflict with this section is void.
Sec. 4. Chapter 695C of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No health maintenance organization may issue evidence of coverage under a health care plan to any enrollee in this state if it contains any exclusion, reduction or other limitation of coverage relating to complications of pregnancy unless the provision applies generally to all benefits payable under the policy.
2. As used in this section, the term complications of pregnancy includes any condition which requires hospital confinement for medical treatment and:
(a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to the pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or
(b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.
3. Evidence of coverage under a health care plan subject to the provisions of this chapter which is issued on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision which is in conflict with this section is void.
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κ1977 Statutes of Nevada, Page 417κ
Senate Bill No. 264Senator Raggio
CHAPTER 234
AN ACT relating to juries; providing an alternative method of selecting jurors in civil cases; requiring the examination of prospective jurors to be conducted under oath; and providing other matters properly relating thereto.
[Approved April 21, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 16.030 is hereby amended to read as follows:
16.030 [When the action is called for trial by jury the clerk shall prepare separate ballots containing the names of the jurors summoned who have appeared and not been excused, and deposit them in a box, the kind to be approved by the judge. He shall then, after thoroughly mixing the same, draw from the box eight names, and the persons whose names are so drawn shall then be examined as to their qualifications to serve as jurors, If the ballots become exhausted before the jury is complete, or if for any cause a juror or jurors be excused or discharged, a sufficient number of additional jurors shall be drawn from the jury box and summoned as provided by law. The jury shall consist of eight persons, unless the parties consent to a less number. The parties may consent to any number not less than four. Such consent shall be entered by the clerk in the minutes of the trial.]
1. In preparing for the selection of the jury, the clerk, under the direction of the judge, shall place in a box ballots containing the names of the persons summoned who have appeared and have not been excused. The clerk shall mix the ballots and draw from the box the number of names needed to complete the jury in accordance with the procedure provided either in subsection 2 or subsection 3, as the judge directs.
2. The judge may require that eight names be drawn, and the persons whose names are called shall be examined as to their qualifications to serve as jurors. If any persons are excused or discharged, or if the ballots are exhausted before the jury is selected, additional names shall be drawn from the jury box and those persons summoned and examined as provided by law until the jury is selected.
3. The judge may require that the clerk draw a number of names to form a panel of prospective jurors equal to the sum of the number of regular jurors and alternate jurors to be selected and the number of peremptory challenges to be exercised. The persons whose names are called shall be examined as to their qualifications to serve as jurors. If any persons on the panel are excused for cause, they shall be replaced by additional persons who shall also be examined as to their qualifications. When a sufficient number of prospective jurors has been qualified to complete the panel, each side shall exercise its peremptory challenges out of the hearing of the panel by alternately striking names from the list of persons on the panel. After the peremptory challenges have been exercised, the persons remaining on the panel who are needed to complete the jury shall, in the order in which their names were drawn, be regular jurors or alternate jurors.
κ1977 Statutes of Nevada, Page 418 (CHAPTER 234, SB 264)κ
4. Before persons whose names have been drawn are examined as to their qualifications to serve as jurors, the judge or his clerk shall administer an oath or affirmation to them in substantially the following form:
Do you, and each of you, (solemnly swear, or affirm under the pains and penalties of perjury) that you will well and truly answer all questions put to you touching upon your qualifications to serve as jurors in the case now pending before this court (so help you God)?
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Senate Bill No. 82Committee on Judiciary
CHAPTER 235
AN ACT relating to landlords and tenants; providing for summary eviction of defaulting tenants of commercial premises; and providing other matters properly relating thereto.
[Approved April 21, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 40.253 is hereby amended to read as follows:
40.253 1. In addition to the remedy provided by paragraph (c) of subsection 1 of NRS 40.250 and by NRS 40.290 to 40.420, inclusive, when the tenant of [a] any dwelling, apartment [or] , mobile home or commercial premises with periodic rent reserved by the month or any shorter period, is in default in payment of such rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the fifth full day following the day of service. [Such] The notice shall advise the tenant of his right to contest [such notice] the matter by filing, within 5 days, an affidavit with the justice of the peace that he is not in default in the payment of such rent.
2. Upon noncompliance with [such] the notice:
(a) The landlord or his agent may apply by affidavit to the justice of the peace of the township wherein the dwelling, apartment [or] , mobile home or commercial premises [is] are located. [Such] The justice of the peace may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit provided for in this paragraph shall contain:
(1) The date the tenancy commenced.
(2) The amount of periodic rent reserved.
(3) The amounts of any cleaning or rent deposits paid in advance, in excess of the first months rent, by the tenant.
(4) The date the rental payments became delinquent.
(5) The length of time the tenant has remained in possession without paying rent.
κ1977 Statutes of Nevada, Page 419 (CHAPTER 235, SB 82)κ
(6) The amount of rent claimed due and delinquent.
(7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.
(8) A copy of the written notice served on the tenant.
(b) The landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.
3. No action may be taken under subsection 2 if, within 5 days after service of the notice, the tenant files an affidavit as provided in subsection 1. Further proceedings for the removal of the tenant [shall be] are governed by NRS 40.290 to 40.420, inclusive.
4. The justice of the peace shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. Based upon [such] his determination, the justice of the peace may issue or refuse to issue a summary order of removal. A refusal to issue such an order precludes the landlord from providing for the nonadmittance of the tenant but does not preclude an action by the landlord pursuant to NRS 40.290 to 40.420, inclusive. The issuance of such an order does not preclude an action by the tenant for any damages to which he may be entitled.
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Senate Bill No. 72Committee on Judiciary
CHAPTER 236
AN ACT relating to court-appointed attorneys; eliminating certain functions of the supreme court with respect to the appointment, termination and compensation of such attorneys; and providing other matters properly relating thereto.
[Approved April 21, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 7.125 is hereby amended to read as follows:
7.125 1. Except as limited by subsections 2 and 3, an attorney other than a public defender appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendants initial appearance before the magistrate or the district court through the appeal, if any, including ancillary matters appropriate to the proceedings, or by a district court or the supreme court or a justice thereof to represent an indigent petitioner for a writ of habeas corpus or other post-conviction relief, which petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, is entitled to receive a fee in accordance with the following schedule:
(a) For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearances, $20 per hour.
κ1977 Statutes of Nevada, Page 420 (CHAPTER 236, SB 72)κ
(b) For court appearances, $30 per hour.
2. The total fee for each attorney in any matter regardless of the number of offenses charged shall not exceed:
(a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $2,500;
(b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $1,000;
(c) If the most serious crime is a misdemeanor, $300;
(d) For a habeas corpus proceeding or petition for post-conviction relief, $300;
(e) For an appeal of one or more misdemeanor convictions, $300; or
(f) For an appeal of one or more gross misdemeanor or felony convictions, $1,000.
3. If the appointing court deems it appropriate because of unusual circumstances to grant a fee in excess of the applicable maximum set forth in [:
(a) Paragraphs (a) to (e), inclusive, of] subsection 2, such excess payment may be made only if approved by the chief judge of the judicial district in which the attorney was appointed, or if there is no chief judge, by the district court judge who holds seniority in years of service in office.
[(b) Paragraph (f) of subsection 2, such excess payment may be made only if approved by a justice of the Nevada supreme court.]
4. The magistrate, the district court or the supreme court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings.
Sec. 2. NRS 7.145 is hereby amended to read as follows:
7.145 1. Claims for compensation and expenses shall be made to:
(a) The magistrate in cases in which the representation was rendered exclusively before him;
(b) The district court in [cases in which the representation was rendered before that court or before a magistrate and that court; and
(c) The supreme court on any appeal to that court.] all other cases.
2. Each claim shall be supported by a sworn statement specifying the time expended in court, the services rendered out of court and the time expended therein, the expenses incurred while the case was pending and the compensation and reimbursement applied for or received in the same case from any other source. Except as otherwise provided for the approval of payments in excess of the statutory limit, the magistrate or the court to which the claim is submitted shall fix and certify the compensation and expenses to be paid, and the amounts so certified shall be paid in accordance with NRS 7.155.
Sec. 3. NRS 7.165 is hereby amended to read as follows:
7.165 If at any time after the appointment of an attorney or attorneys the magistrate [,] or the district court [, the supreme court or a justice of the supreme court] finds that money is available for payment from or on behalf of the defendant so that he is financially able to obtain private counsel or to make partial payment for such representation, the magistrate [,] or the district court [, the supreme court or a justice of the supreme court] may:
κ1977 Statutes of Nevada, Page 421 (CHAPTER 236, SB 72)κ
1. Terminate the appointment of such attorney or attorneys; or
2. Direct that such money be paid to:
(a) The appointed attorney or attorneys, in which event any compensation provided for in NRS 7.125 shall be reduced by the amount of the money so paid, and no such attorney may otherwise request or accept any payment or promise of payment for representing such defendant; or
(b) The clerk of the district court for deposit in the county treasury, if all of the compensation and expenses in connection with the representation of such defendant were paid from the county treasury, and remittance to the office of state public defender, if such compensation and expenses were paid partly from moneys appropriated to the office of state public defender and the money received exceeds the amount of compensation and expenses paid from the county treasury.
Sec. 4. This act shall become effective upon passage and approval.
__________
Senate Bill No. 52Committee on Finance
CHAPTER 237
AN ACT relating to probation; providing for the department of parole and probation to pay for tests to determine probationers use of controlled substances; and providing other matters properly relating thereto.
[Approved April 21, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.187 is hereby amended to read as follows:
176.187 1. Upon the granting of probation to a person convicted of a felony or gross misdemeanor, the court may, when the circumstances warrant, require as a condition of probation that the probationer submit to periodic tests to determine whether the probationer is using any controlled substance. Any such use or any failure or refusal to submit to a test is a ground for revocation of probation.
2. Any expense incurred as a result of any such test [is a charge against the state, to be paid from the reserve for statutory contingency fund.] shall be paid from appropriations to the department of parole and probation on claims as other claims against the state are paid.
Sec. 2. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency fund is hereby created as a trust fund.
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in the fund shall be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.037, [176.187,] 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.405, 353.120, 353.262 and 412.154; and
κ1977 Statutes of Nevada, Page 422 (CHAPTER 237, SB 52)κ
(b) The payment of claims which are obligations of the state under NRS 7.125, 176.215, 177.345, 179.225, 213.153 and subsection 4 of NRS 361.055, but such claims shall be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for such purposes has been exhausted.
Sec. 3. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1977. Section 2 of this act shall become effective at 12:02 a.m. on July 1, 1977.
__________
Assembly Bill No. 567Committee on Government Affairs
CHAPTER 238
AN ACT relating to local government finances; providing criteria for short-term financing; and providing other matters properly relating thereto.
[Approved April 22, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.618 is hereby amended to read as follows:
354.618 1. [In case of great necessity, the governing body of any local government, by unanimous vote, by resolution reciting the character of the necessity, may authorize short-term financing for the purpose of meeting such necessity.] If the public interest requires short-term financing, the governing body of any local government, by a resolution unanimously adopted, may authorize short-term financing. The resolution shall contain:
(a) A finding by the governing body that the public interest requires the short-term financing; and
(b) A statement of the facts upon which the finding is based.
2. Except as provided in subsection 3, before the adoption of any such resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation for at least one publication. No vote may be taken upon such resolution until 10 days after the publication of the notice. The cost of publication of the notice required of an entity shall be a proper charge against its general fund.
3. In school districts having less than 100 pupils in average daily attendance the publication of the resolution may be made by posting conspicuously, in three different places in the school district, a notice containing in full the short-term financing resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution. Posting of the notice shall be made not less than 10 days previous to the date fixed in the resolution for action thereon.
__________
κ1977 Statutes of Nevada, Page 423κ
Assembly Bill No. 167Committee on Government Affairs
CHAPTER 239
AN ACT relating to general improvement districts; exempting such districts from paying fees for services rendered by the county clerk of the county in which the district is located; requiring the county to maintain and repair dedicated streets or easements acquired by a district or to pay the district if it performs such work; requiring the filing of a subdividers tentative map with the board of trustees of a district in certain cases for review and comment; enlarging the right of a district to obtain assistance from county officers; and providing other matters properly relating thereto.
[Approved April 22, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 19.035 is hereby amended to read as follows:
19.035 The county clerk of each county shall neither charge nor collect any fee for any service rendered by him to:
1. The State of Nevada;
2. The county of which he is county clerk;
3. Any city or town within such county; [or]
4. Any general improvement district which is located within such county; or
5. Any officer of the state, such county or any such city, [or] town or general improvement district in such officers official capacity.
Sec. 2. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 5, when streets or easements acquired by a district organized or reorganized pursuant to chapter 318 of NRS have been accepted for dedication by a board of county commissioners pursuant to NRS 278.380 and 278.390, the board of county commissioners shall:
(a) Maintain and repair such streets or easements; or
(b) Pay the board of trustees of such district for the maintenance and repair of such streets or easements.
2. If the board of county commissioners maintains and repairs the streets or easements, it shall do so in the same manner as other streets or easements are maintained or repaired by the county.
3. If the board of county commissioners pays a board of trustees for such maintenance and repair, the amount of money paid shall be that fraction of the total money allocated to the county pursuant to NRS 365.550 which equals the ratio of the total miles of such dedicated streets or easements to the total miles of all county streets and roads.
4. Any such money received by a board of trustees shall be used for maintenance and repair of such streets or easements or for the purchase of equipment for such work and shall not be used to defray the expenses of administration of the district.
5. If the repair of a street or easement is necessary because of an improvement undertaken by a board of trustees, the board of county commissioners is not required to repair or pay for the repair of that street or easement.
κ1977 Statutes of Nevada, Page 424 (CHAPTER 239, AB 167)κ
Sec. 3. Chapter 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Except where a board of county commissioners is the board of trustees of a district, when any subdivider proposes to subdivide land, any part of which is located within the boundaries of any general improvement district organized or reorganized pursuant to chapter 318 of NRS, the county planning commission or governing body shall file a copy of the subdividers tentative map with the board of trustees of the district. The board of trustees may within 30 days review and comment in writing upon the map to the planning commission or governing body. The planning commission or governing body shall take any such comments into consideration before approving the tentative map.
Sec. 4. NRS 318.098 is hereby amended to read as follows:
318.098 1. [Each county assessor, recorder, treasurer or other officer affected by the provisions of this chapter shall annually file with the board of trustees of each district so utilizing his services an itemized statement showing the additional expense to his office caused by the performance of the duties imposed upon him or his office under the provisions of this chapter.] The board of trustees of any district may request, in writing, assistance from any elected or appointed officer of the county in which the district is located.
2. The officer shall furnish the requested assistance, after an agreement has been reached concerning the amount of money which the board of trustees shall pay for the assistance. The cost shall not be more than the actual additional expense necessitated by the request.
[2. Such] 3. The board shall, by a resolution spread upon its minutes, [authorize and] order payment made [to such officers in an] in the amount, in each case, [to be determined by agreement between each such] which was agreed upon by the board of trustees and [the board of county commissioners for each county affected.] the officer furnishing the assistance.
Sec. 5. This act shall become effective on July 1, 1978.
__________
Senate Bill No. 211Senator Raggio
CHAPTER 240
AN ACT relating to workmens compensation; providing for informing the jury of any benefits awarded; providing for appropriate jury instructions; and providing other matters properly relating thereto.
[Approved April 22, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.560 is hereby amended to read as follows:
616.560 1. When an employee coming under the provisions of this chapter receives an injury for which compensation is payable under this chapter and which injury was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:
κ1977 Statutes of Nevada, Page 425 (CHAPTER 240, SB 211)κ
liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:
(a) The injured employee, or in case of death [,] his dependents, may take proceedings against that person to recover damages, but the amount of the compensation to which the injured employee or his dependents are entitled under this chapter, including any future compensation under this chapter, shall be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was direct or proximate cause of the employees injury.
(b) If the injured employee, or in case of death [,] his dependents, [in such case] receive compensation under this chapter, the commission [, by whom the compensation was paid,] has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor. In any action or proceedings taken by the commission under this section evidence of the amount of compensation, accident benefits and other expenditures which the commission has paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the commission recovers more than the amounts it has paid or become obligated to pay as compensation, it shall pay the excess to the injured employee or his dependents.
(c) The injured employee, or in case of death [,] his dependents, shall first notify the commission in writing of any action or proceedings, pursuant to this section, to be taken by the employee or his dependents.
2. In any case where the commission is subrogated to the rights of the injured employee or of his dependents as provided in subsection 1, the commission has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death [,] his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employees injury.
3. The lien provided for under subsection 2 includes the total compensation expenditure incurred by the commission for the injured employee and his dependents.
4. Within 15 days of the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise, the injured employee or his representative shall notify the commission of such recovery and pay to the commission the amount due under this section together with an itemized statement showing the distribution of the total recovery.
5. In any trial of an action by the injured employee, or in the case of his death [,] by his dependents, against a person [,] other than the employer or a person in the same employ, the [court] jury shall receive proof of the amount of all payments made or to be made by the commission. [without revealing to the jury that such payments were made by the commission.] The court shall instruct the jury substantially as follows:
κ1977 Statutes of Nevada, Page 426 (CHAPTER 240, SB 211)κ
(a) Payment of workmens compensation benefits by the Nevada industrial commission is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer or the Nevada industrial commission any amount paid to him or paid on his behalf by his employer or by the Nevada industrial commission; and
(b) If you decide that the plaintiff is entitled to judgment against the defendant, you shall find his damages in accordance with the courts instructions on damages and return your verdict in the plaintiffs favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which the Nevada industrial commission will be repaid from your award.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1977.
__________
Senate Bill No. 201Committee on Judiciary
CHAPTER 241
AN ACT relating to water rights; eliminating a conflict between obsolete statutory provisions and the Nevada Rules of Appellate Procedure concerning the time for appeal; and providing other matters properly relating thereto.
[Approved April 22, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 533.450 is hereby amended to read as follows:
533.450 1. Any person feeling himself aggrieved by any order or decision of the state engineer, acting in person or through his assistant or the water commissioner, affecting his interests, when such order or decision relates to the administration of determined rights or is made pursuant to NRS 533.270 to 533.445, inclusive, may have the same reviewed by a proceeding for that purpose, insofar as may be in the nature of an appeal, which shall be initiated in the proper court of the county in which the matters affected or a portion thereof are situated; but on stream systems where a decree of court has been entered, the action shall be initiated in the court that entered the decree. Such order or decision of the state engineer shall be and remain in full force and effect unless proceedings to review the same are commenced in the proper court within 30 days following the rendition of the order or decision in question and notice thereof is given to the state engineer as provided in subsection 3.
2. The proceedings in every case shall be heard [and tried] by the court, and shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced.
3. No such proceedings [shall] may be entertained unless notice thereof, containing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioners interests, [shall have] has been served upon the state engineer, personally or by registered or certified mail, at his office at the state capital within 30 days following the rendition of the order or decision in question.
κ1977 Statutes of Nevada, Page 427 (CHAPTER 241, SB 201)κ
the petitioners interests, [shall have] has been served upon the state engineer, personally or by registered or certified mail, at his office at the state capital within 30 days following the rendition of the order or decision in question. A similar notice shall also be served personally or by registered or certified mail upon the person or persons who may have been affected by such order or decision.
4. Where evidence has been filed with, or testimony taken before, that state engineer, a transcribed copy thereof, or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, shall be received in evidence with the same effect as if the reporter were present and testified to the facts so certified. A copy of the transcript shall be furnished on demand, at actual cost, to any person affected by such order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the state engineer.
5. [No bond shall] A bond shall not be required except when a stay is desired, and the proceedings [herein] provided for [shall not be] in this section are not a stay unless, within 5 days following the service of notice thereof, a bond [shall be] is filed in an amount to be fixed by the court, with sureties satisfactory to such court, conditioned to perform the judgment rendered in such proceedings.
6. Costs shall be paid as in civil cases brought in the district court, except by the state engineer or the state.
7. The practice in civil cases [shall apply and be consistent with] applies to the informal and summary character of such proceedings, as provided in this section.
8. Appeals may be taken to the supreme court from the judgment of the district court in the same manner [and with the same effect] as in other civil cases. [, except that notice of appeal must be served and filed within 60 days from the entry of judgment.]
9. The decision of the state engineer shall be prima facie correct, and the burden of proof shall be upon the party attacking the same.
10. Whenever it [shall appear] appears to the state engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, he shall request the attorney general to appear and protect the interests of the state.
Sec. 2. NRS 533.455 is hereby amended to read as follows:
533.455 1. Whenever a decree determining and adjudicating the relative rights of the claimants to the use of water of a stream or stream system [shall have] has been [or may hereafter be] entered in the district court pursuant to the provisions of this chapter, and the decree [shall have become] becomes final and the state engineer [shall have] has brought in that court any proceeding, either civil or of a criminal nature, concerning the administration of and for the enforcement of the provisions of the decree, and wherein the validity of the decree or any of its provisions [shall be] is drawn in question by adversary parties and the decision or judgment of the court is that the decree or a part thereof is invalid, [or void,] the state engineer shall be deemed a party in interest with the right to take an appeal from such decision or judgment to the supreme court.
κ1977 Statutes of Nevada, Page 428 (CHAPTER 241, SB 201)κ
2. Such appeal may be taken in the same manner [and with the same effect] as appeals in civil cases. [, except that notice of appeal shall be served and filed not later than 60 days from the entry of the decision or judgment.]
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 452Committee on Ways and Means
CHAPTER 242
AN ACT relating to the Western Regional Higher Education Compact; establishing a student loan program; requiring state contributions for stipends to be repaid unless certain conditions are satisfied; making an appropriation; and providing other matters properly relating thereto.
[Approved April 23, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 397 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. There is hereby created in the state treasury a special fund which shall be designated as the Western Interstate Commission for Higher Education student loan fund.
2. The fund shall be administered by the three commissioners from the State of Nevada, acting jointly, and the money in the fund shall be used solely to provide loans to Nevada residents who are certified to attend graduate or professional schools in accordance with the provisions of the Western Regional Higher Education Compact.
3. Loans from the Western Interstate Commission for Higher Education student loan fund shall be made upon the following terms:
(a) All student loans shall bear interest at 5 percent per annum from the date when the student receives the loan.
(b) Each student receiving a loan shall repay with interest following termination of his education or completion of his internship in accordance with the following schedule:
(1) Within 5 years for loans which total less than $10,000.
(2) Within 8 years for loans which total $10,000 or more but less than $20,000.
(3) Within 10 years for loans which total $20,000 or more.
(c) Before July 1, 1979, no student loan may exceed 25 percent of the student fees for any academic year. Thereafter, no student loan may exceed 50 percent of the student fees for any academic year.
Sec. 3. 1. Except as provided in subsection 2, each student entering the Western Regional Higher Education Compact program after the effective date of this act, shall repay all state contributions for Western Interstate Commission for Higher Education stipends which he receives unless he practices the profession which he was certified to study for a period of 3 years in Nevada within 5 years after the completion or termination of his education, internship or residency, whichever terminates later.
κ1977 Statutes of Nevada, Page 429 (CHAPTER 242, AB 452)κ
3 years in Nevada within 5 years after the completion or termination of his education, internship or residency, whichever terminates later.
2. The three commissioners from the State of Nevada, acting jointly, may adopt regulations which:
(a) Reduce the 3 year period of required practice for persons who practice their professions in rural areas of this state.
(b) Extend the time for completing the required practice beyond 5 years for persons who are obligated to serve periods of service as repayment for scholarships.
3. Stipends shall be repaid within the same time period established for loan repayments in section 2 of this act. Stipends do not bear interest.
Sec. 4. 1. If the money available to the commissioners from this state is not sufficient to pay the states contribution for all the available contract places, students who are qualified to participate in the Western Interstate Commission for Higher Education program may qualify for the additional contract places by contributing an amount of money equal to the required state contribution.
2. The commissioners from this state shall offer the additional contract places to the most qualified students who are not selected for contract places until all of the available contract places are filled.
Sec. 5. NRS 397.050 is hereby amended to read as follows:
397.050 1. [Funds] Money to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the state general fund [.] and may be provided by student contributions.
2. There is hereby created in the state treasury a special fund [which shall be known] designated as the Western Regional Higher Education Compact fund.
3. [Moneys] Money is such fund may be used by the commissioners appointed pursuant to NRS 397.030:
(a) To pay dues to the Western Interstate Commission for Higher Education.
(b) To provide contract places for Nevada residents in graduate or professional schools.
(c) To meet necessary administrative expenses.
4. [Any moneys] Except for student contributions, any money remaining in such fund at the end of any fiscal year shall [continue as a part of such fund and shall not] revert to the state general fund. [in the state treasury.]
Sec. 6. There is hereby appropriated from the state general fund the sum of $1,250,000 to the Western Interstate Commission for Higher Education student loan fund created pursuant to section 2 of this act.
Sec. 7. Section 63 of chapter 679, Statutes of Nevada 1975, at page 1367, is hereby amended to read as follows:
Sec. 63. 1. Unencumbered balances of the appropriations herein made for the fiscal years 1975-76 and 1976-77 shall not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2 of this section, unencumbered balances of these appropriations shall revert to the fund from which appropriated.
κ1977 Statutes of Nevada, Page 430 (CHAPTER 242, AB 452)κ
2. Any unencumbered balance of the appropriations made to the legislative fund by section 18 [,] and the higher education student loan program by section 23 [and the western interstate commission for higher education by section 27] shall not revert to the general fund but shall constitute a balance carried forward.
Sec. 8. This act shall become effective upon passage and approval.
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Assembly Bill No. 87Committee on Health and Welfare
CHAPTER 243
AN ACT relating to state welfare administration; providing for the formulation and approval of welfare policies and regulations; and providing other matters properly relating thereto.
[Approved April 23, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 422.140 is hereby amended to read as follows:
422.140 1. The board [shall have only such] has only those powers and duties [as may be] authorized by law.
2. [The board is hereby invested with all policy-making duties, powers, purposes, responsibilities and jurisdiction under this chapter, but shall delegate the execution and enforcement of its decisions, policies, standards, rules and regulations to the administrator and the welfare division.
3.] The board: [shall:
(a) Prescribe rules and] (a) Shall adopt regulations for its own management and government.
(b) [Formulate all] May formulate standards and policies and [establish all rules and] adopt regulations authorized by law for administration of the programs for which the welfare division is responsible. [No] Every such standard, policy, rule or regulation shall [become effective unless approved by the board.] be so formulated or conditioned that it does not require for its operation throughout a fiscal year the expenditure of any money beyond the amounts appropriated or authorized by the legislature for the fiscal year to which it applies.
(c) [Advise] Shall advise and make recommendations to the director or the legislature relative to the public welfare policy of the state.
3. The administrator shall execute and enforce the decisions of the board.
4. The administrator may formulate standards and policies and propose regulations to administer welfare division programs. A regulation, standard or policy shall not become effective unless approved by the board.
κ1977 Statutes of Nevada, Page 431 (CHAPTER 243, AB 87)κ
Sec. 2. NRS 422.270 is hereby amended to read as follows:
422.270 1. The department shall:
(a) Administer all public welfare programs of this state, including:
(1) State supplementary assistance provided in connection with the supplemental security income program;
(2) Aid to dependent children;
(3) Child welfare services;
(4) Services to the aged, blind or disabled; and
(5) Such other welfare activities and services as now are or hereafter may be authorized or provided for by the laws of this state.
(b) Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state to aid in the furtherance of any services and activities as set forth in paragraph (a).
(c) Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of such methods of administration as may be found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the department to fulfill the terms of this chapter.
2. The department through the welfare division shall:
(a) Make [rules and] regulations, subject to the approval of the board, for the administration of this chapter which shall be binding upon all recipients and local units.
(b) Monitor, explore and research the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting such needs, employing or contracting for such personnel and services as may be provided through legislative appropriations from the general fund or may become available through legislatively authorized or new funds from federal or other sources.
(c) Make all investigations required by a court in adoption proceedings as provided by law.
(d) Establish reasonable minimum standards and regulations for foster homes, and shall license the same as provided by law.
(e) Provide services and care to children, shall receive any child for placement, and shall provide for their care directly or through agents.
(f) Have the power to enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care.
(g) Make such agreements with the Federal Government as may be necessary in the implementation of the supplemental security income program.
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κ1977 Statutes of Nevada, Page 432κ
Senate Bill No. 127Committee on Commerce and Labor
CHAPTER 244
AN ACT relating to insurance; changing provisions of law relating to the Nevada insurance guaranty association; and providing other matters properly relating thereto.
[Approved April 23, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 686A of NRS is hereby amended by adding thereto a new section which shall read as follows:
A person who is an insurer or an agent or employee of an insurer shall not place before the public by any means any advertisement, announcement or statement which uses the existence of the Nevada insurance guaranty association for the purpose of inducing the purchase of, or discouraging the termination of, any insurance covered by the association. This section does not apply to the Nevada insurance guaranty association.
Sec. 2. NRS 686A.020 is hereby amended to read as follows:
686A.020 A person shall not engage in this state in any practice which is defined in [NRS 686A.030 to 686A.150, inclusive, or NRS 686A.310,] this chapter as, or determined pursuant to NRS 686A.170 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
Sec. 3. NRS 686A.160 is hereby amended to read as follows:
686A.160 If the commissioner has cause to believe that any person has been engaged or is engaging, in this state, in any unfair method of competition or any unfair or deceptive act or practice prohibited by [NRS 686A.030 to 686A.150, inclusive, NRS 686A.190 to 686A.290, inclusive, or by NRS 686A.310,] this chapter, and that a proceeding by him in respect thereto would be in the interest of the public, he may issue and serve upon such person a statement of the charges [in that respect] and a notice of the hearing to be held thereon. [Such] The statement of charges and notice of hearing shall comply with the requirements of NRS 679B.320 and shall be served upon such person directly or by certified or registered mail, return receipt requested.
Sec. 4. NRS 686A.183 is hereby amended to read as follows:
686A.183 1. After the hearing provided for in NRS 686A.160, the commissioner shall issue his order on hearing pursuant to NRS 679B.360. If the commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice [,] in violation of this chapter, he shall order [such person] him to cease and desist from engaging in such method of competition, act or practice, and [if the method of competition, act or practice is a violation of NRS 686A.030 to 686A.150, inclusive, NRS 686A.190 to 686A.290, inclusive, or NRS 686A.310, the commissioner] may, in his discretion, order one of both of the following:
(a) If the person knew or reasonably should have known that he was in violation of this chapter, payment of an administrative fine of not more than $1,000 for each act or violation, but not to exceed an aggregate penalty of $10,000, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine shall not exceed $500 for each act or violation.
κ1977 Statutes of Nevada, Page 433 (CHAPTER 244, SB 127)κ
more than $1,000 for each act or violation, but not to exceed an aggregate penalty of $10,000, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine shall not exceed $500 for each act or violation.
(b) Suspension or revocation of the persons license if he knew or reasonably should have known that he was in violation of this chapter.
2. Until the expiration of the time allowed for taking an appeal, pursuant to NRS 679B.370, if no petition for review has been duly filed within such time, or, if a petition for review has been filed within such time, then until the official record in the proceeding has been filed with the court, the commissioner may, at any time, upon such notice and in such manner as he deems proper, modify or set aside, in whole or in part, any order issued by him under this section.
3. After the expiration of the time allowed for taking an appeal, if no petition for review has been [duly filed within such time,] filed, the commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him under this section whenever in his opinion conditions of fact or of law have so changed as to require such action or if the public interest so requires.
Sec. 5. Chapter 687A of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. To aid in the detection and prevention of insurer insolvencies:
1. The commissioner may:
(a) Notify the insurance commissioners of the other states and territories of the United States and of the District of Columbia when he revokes or suspends a license, or when he makes any formal order that a company restrict its writing of insurance, obtain additional contributions to surplus, withdraw from the state or reinsure any part of its business or any other account for the security of policyholders or creditors.
(b) Report to the board of directors any action set forth in paragraph (a) and the receipt of a report from another insurance commissioner indicating that the action has been taken elsewhere. The report shall contain all significant details of the action taken or the report received.
(c) Report to the board of directors when he has reasonable cause to believe from any examination of any member insurer, whether completed or in process, that the member insurer may be insolvent or in a financial condition hazardous to the interests of policyholders or the public.
(d) Furnish to the board of directors the early warning tests developed by the National Association of Insurance Commissioners. The board may use the information furnished to carry out its duties. The report and the information contained therein is not a public record and shall be kept confidential by the board of directors until it is made public by the commissioner or other lawful authority.
2. The commissioner may seek the advice and recommendations of the board of directors concerning any matter affecting his duties and responsibilities relating to the financial condition of member insurers and of insurers seeking admission to transact business in this state.
κ1977 Statutes of Nevada, Page 434 (CHAPTER 244, SB 127)κ
Sec. 7. A subrogation claim asserted against a person insured by an insurer which has become insolvent which, if it were not a claim by or for the benefit of a reinsurer, insurer, insurance pool or underwriting association, would be a covered claim, may be filed directly with the receiver of the insolvent insurer. These claims shall not be asserted in any action against the insured of the insolvent insurer.
Sec. 8. NRS 687A.020 is hereby amended to read as follows:
687A.020 This chapter [shall apply] applies to all [kinds of] direct insurance, except annuity contracts and life, health, title, surety, accounts receivable, deposit, mortgage guaranty and ocean marine insurance.
Sec. 9. NRS 687A.030 is hereby amended to read as follows:
687A.030 As used in this chapter unless the context otherwise requires:
1. Association means the Nevada insurance guaranty association created pursuant to NRS 687A.040.
2. Commissioner means the commissioner of insurance.
3. Covered claim: [means]
(a) Means an unpaid claim or judgment excluding unearned premium claims, which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer, if such insurer becomes an insolvent insurer after May 5, 1971, and one of the following conditions exists:
[(a)] (1) The claimant or insured is a resident of this state at the time of the insured event.
[(b)] (2) The property from which the claim arises is permanently located in this state.
[(c) Such term does] (b) Does not include: [any]
(1) Any amount due any reinsurer, insurer, insurance pool or underwriting association, as subrogation recoveries or otherwise; [and
(d) There is a supplementary payment obligation, including but not limited to adjustment fees and expenses, attorney fees and expenses, court costs, interest and bond premiums, prior to the appointment of a liquidator, except that to the extent that such obligation is a valid claim against an insured it is a covered claim.]
(2) That part of a loss which would not be payable because of a deductible provision in the policy;
(3) Any claim filed with the association after the final date set by the court for the filing of claims against the liquidator or receiver of the insolvent insurer; and
(4) Any supplementary payment obligation for adjustment or attorneys fees and expenses, court costs or interest and bond premiums incurred by the insolvent insurer prior to the appointment of a liquidator unless the expenses would also be a valid claim against the insured.
4. Insolvent insurer means an insurer [authorized] which has been issued a certificate of authority by the commissioner to transact insurance in this state, either at the time the policy was issued or when the insured event occurred, [which is determined to be insolvent] against which a final order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction [.] in the insurers state of domicile or in Nevada.
κ1977 Statutes of Nevada, Page 435 (CHAPTER 244, SB 127)κ
5. Member insurer means any person, except a fraternal or nonprofit service corporation who:
(a) Writes any kind of insurance to which this chapter applies, including the exchange of reciprocal or interinsurance agreements of indemnity.
(b) Is licensed to transact business in this state.
6. Net direct written premiums means direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums and dividends paid or credited to policyholders on such direct business. Such term does not include premiums on contracts between insurers or reinsurers.
7. Person means any [individual,] natural person, corporation, partnership, association, voluntary organization, [reciprocals or insurance exchanges.] reciprocal or insurance exchange.
Sec. 10. NRS 687A.050 is hereby amended to read as follows:
687A.050 1. The board of directors of the association shall consist of not [less] fewer than five nor more than nine persons. [serving terms as established in the plan of operation.] The members of the board shall be [selected by member insurers subject to the approval of the commissioner.] appointed by the commissioner and shall serve at his discretion. Vacancies on the board shall be filled [for the remaining period of the term] in the same manner as initial appointments. [If no members are selected within 60 days after May 5, 1971, the commissioner may appoint the initial members of the board of directors.]
2. [In approving selections to the board the] A majority of the members appointed shall be the designated representatives of member insurers. The commissioner shall consider among other things whether all member insurers are fairly represented.
3. Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors.
Sec. 11. NRS 687A.060 is hereby amended to read as follows:
687A.060 1. The association shall:
(a) Be obligated to the extent of the covered claims existing prior to the determination of insolvency and arising within 30 days after the determination of insolvency, or before the policy expiration date if less than 30 days after the determination, or before the insured replaces the policy or on request effects cancellation if he does so within 30 days of the determination. [Such] The obligation shall include only that amount of each covered claim which is [in excess of $100 and] less than $300,000. In no event shall the association be obligated to a policyholder or claimant in an amount in excess of the face amount of the policy from which the claim arises.
(b) Be deemed the insurer to the extent of its obligations on the covered claims and to such extent shall have all rights, duties and obligations of the insolvent insurer as if the insurer had not become insolvent.
(c) Assess member insurers amounts necessary to pay the obligations of the association under paragraph (a) of this subsection subsequent to an insolvency, the expenses of handling covered claims subsequent to an insolvency, the cost of examinations under NRS 687A.110, and other expenses authorized by this chapter. The assessment of each member insurer shall be in the proportion that the net direct written premiums of the member insurer for the [preceding] calendar year preceding the assessment bear to the net direct written premiums of all member insurers for the [preceding] same calendar year.
κ1977 Statutes of Nevada, Page 436 (CHAPTER 244, SB 127)κ
insurer shall be in the proportion that the net direct written premiums of the member insurer for the [preceding] calendar year preceding the assessment bear to the net direct written premiums of all member insurers for the [preceding] same calendar year. Each member insurer shall be notified of the assessment not later than 30 days before it is due. No member insurer may be assessed in any year an amount greater than 2 percent of that member insurers net direct written premiums for the [preceding calendar year.] calendar year preceding the assessment. If the maximum assessment, together with the other assets of the association, does not provide in any 1 year an amount sufficient to make all necessary payments, the funds available [shall] may be prorated and the unpaid portion shall be paid as soon as funds become available. The association may pay claims in any order including the order in which they are received or in groups or categories. The association may exempt or defer, in whole or in part, the assessment of any member insurer if the assessment would cause the member insurers financial statement to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. [; but during] During the period of deferment, no dividends shall be paid to shareholders or policyholders. Deferred assessments shall be paid when [such] payment will not reduce capital or surplus below required minimums. [Such payments] Payments shall be refunded to those companies receiving larger assessments by virtue of [such] deferment, or, in the discretion of any such company, credited against future assessments. Each member insurer shall be allowed a premium tax credit at the rate of 20 percent per year for 5 successive years following the final order in the liquidation period for any amount paid under this chapter.
(d) Investigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the associations obligation and deny all other claims.
(e) Notify such persons as the commissioner directs under paragraph (a) of subsection 2 of NRS 687A.080.
(f) Process claims through its employees or through one or more member insurers or other persons designated as servicing facilities. Designation of a servicing facility is subject to the approval of the commissioner, but such designation may be declined by a member insurer.
(g) Reimburse each servicing facility for obligations of the association paid by the facility and for expenses incurred by the facility while handling claims on behalf of the association, and pay the other expenses of the association authorized by this chapter.
2. The association may:
(a) Appear in, defend and appeal any action on a claim brought against the association.
(b) Employ or retrain persons necessary to handle claims and perform other duties of the association.
(c) Borrow funds necessary to effect the purposes of this chapter in accord with the plan of operation.
(d) Sue or be sued.
(e) Negotiate and become a party to contracts necessary to carry out the purposes of this chapter.
κ1977 Statutes of Nevada, Page 437 (CHAPTER 244, SB 127)κ
(f) Perform [such] other acts [as are] necessary or proper to effectuate the purposes of this chapter.
(g) If, at the end of any calendar year, the board of directors finds that the assets of the association exceed its liabilities as estimated by the board of directors for the coming year, refund to the member insurers in proportion to the contribution of each that amount by which the assets of the association exceed the liabilities.
(h) Assess each member insurer equally no more than $100 per year for administrative expenses not related to the insolvency of any particular insurer.
Sec. 12. NRS 687A.110 is hereby amended to read as follows:
687A.110 To aid in the detection and prevention of insurer insolvencies:
1. The board of directors shall, upon majority vote, notify the commissioner of any information indicating any member insurer may be insolvent or in a financial condition hazardous to the policyholders or the public.
2. The board of directors may, upon majority vote, request that the commissioner order an examination of any member insurer which the board in good faith believes may be in a financial condition hazardous to the policyholders or the public. Within 30 days of the receipt of such request, the commissioner shall begin such examination. The examination may be conducted as a national association of insurance commissioners examination or may be conducted by such persons as the commissioner designates. The cost of such examination shall be paid by the association and the examination report shall be treated as are other examination reports. [In no event shall such] Except as permitted by paragraph (c) of subsection 1 of section 6 of this act, the commissioner shall not release an examination report [be released] to the board of directors prior to its release to the public. [, but this shall not preclude the commissioner from complying with subsection 3 of this section.] The commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the commissioner, but it shall not be open to public inspection prior to the release of the examination report to the public.
3. [The commissioner shall report to the board of directors when he has reasonable cause to believe that any member insurer examined or being examined at the request of the board of directors may be insolvent or in a financial condition hazardous to the policyholders or the public.
4.] The board of directors may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such reports and recommendations are not public documents.
[5.] 4. The board of directors may, upon majority vote, make recommendations to the commissioner for the detection and prevention of insurer insolvencies.
[6.] 5. The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the association, and submit such report to the commissioner.
κ1977 Statutes of Nevada, Page 438 (CHAPTER 244, SB 127)κ
Sec. 13. NRS 687A.160 is hereby amended to read as follows:
687A.160 1. All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed for [60 days] 6 months and any time thereafter ordered by the court from the date the insolvency is determined to permit proper defense by the association of all pending causes of action.
2. If an insolvent insurer has failed to defend an insured in any action, the association may apply on its own behalf or on behalf of the insured to have any judgment or order in the action set aside and the association may defend against the action on its merits.
Sec. 14. NRS 690B.020 is hereby amended to read as follows:
690B.020 1. No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any [such] motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of such uninsured or hit-and-run motor vehicle; but no such coverage shall be required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as uninsured vehicle coverage.
2. The amount of coverage to be [so] provided shall be not less than the minimum limits for bodily injury liability insurance provided for under the Motor Vehicle Safety Responsibility Act (chapter 485 of NRS), but may be in an amount not to exceed the bodily injury coverage purchased by the policyholder.
3. For the purposes of this section the term uninsured motor vehicle means a motor vehicle:
(a) With respect to which there is not available at the department of motor vehicles evidence of financial responsibility as required by chapter 485 of NRS;
(b) With respect to the ownership, maintenance or use of which there is no bodily injury liability insurance or bond applicable at the time of the accident, or, to the extent of such deficiency, any bodily injury liability insurance or bond in force is less than the amount required by NRS 485.210;
(c) With respect to the ownership, maintenance or use of which the company writing any applicable bodily injury liability insurance or bond denies coverage or is insolvent;
(d) Used without the permission of its owner if there is no bodily injury liability insurance or bond applicable to the operator; or
(e) The owner or operator of which is unknown or after reasonable diligence cannot be found if:
(1) The bodily injury or death has resulted from physical contact of such automobile with the named insured or the person claiming under him or with an automobile which the named insured or such person is occupying; and
κ1977 Statutes of Nevada, Page 439 (CHAPTER 244, SB 127)κ
him or with an automobile which the named insured or such person is occupying; and
(2) The named insured or someone on his behalf has reported the accident within the time required by NRS 484.223 to 484.227, inclusive, to the police department of the city where it occurred, or if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada highway patrol.
4. For the purposes of this section the term uninsured motor vehicle also includes, subject to the terms and conditions of [such] coverage, an insured other motor vehicle where:
(a) The liability insurer of [such] the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy; and
(b) The occurrence out of which [such] legal liability arose took place while the uninsured motor vehicle coverage required under paragraph (a) was in effect; and
(c) The insolvency of the liability insurer of [such] the other motor vehicle existed at the time of, or within [1 year] 2 years after, such occurrence.
Nothing contained in this subsection shall be deemed to prevent any insurer from providing insolvency protection to its insureds under more favorable terms.
5. In the event of payment to any person under uninsured motor vehicle coverage, and subject to the terms of such coverage, to the extent of [such] payment the insurer shall be entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which [such] payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.
6. A vehicle involved in a collision which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the department of motor vehicles in the manner required by chapter 485 of NRS within 60 days after the collision occurs.
7. To the extent that a person is entitled to basic or added reparation benefits under chapter 698 of NRS, he may not recover payments under uninsured motor vehicle coverage.
Sec. 15. Chapter 696B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Upon the issuance of an order of liquidation with a finding of insolvency against a domestic insurer the commissioner shall apply to the district court for authority to disburse funds to the Nevada insurance guaranty association or the Nevada life and health insurance guaranty association out of the insurers marshaled assets, as funds become available, in amounts equal to disbursements made or to be made by the association for claims-handling expense and covered-claims obligations upon the presentation of evidence that disbursements have been made by the association. The commissioner shall apply to the district court for authority to make similar disbursements to insurance guaranty associations in other jurisdictions if one of the Nevada associations is entitled to like payment under the laws relating to insolvent insurers in the jurisdiction in which the organization is domiciled.
κ1977 Statutes of Nevada, Page 440 (CHAPTER 244, SB 127)κ
2. The commissioner, in determining the amounts available for disbursement to the Nevada insurance guaranty association, the Nevada life and health insurance guaranty association, and similar organizations in other jurisdictions, shall reserve sufficient assets for the payment of expenses of administration.
3. The commissioner shall establish procedures for the ratable allocation of disbursements to the Nevada insurance guaranty association, the Nevada life and health insurance guaranty association, and similar organizations in other jurisdictions, and shall secure from each organization to which money is paid as a condition to advances in reimbursement of covered-claims obligations an agreement to return to the commissioner, on demand, amounts previously advanced which are required to pay claims of secured creditors and claims falling within the priorities established in subsections 1 and 2 of NRS 696B.420.
Sec. 16. NRS 696B.420 is hereby amended to read as follows:
696B.420 The order of distribution of claims from the insurers estate on liquidation of the insurer shall be as stated in this section. The first $50 of the amount allowed on each claim in the classes under subsections 2 to 6, inclusive, shall be deducted from the claim and included in the class under subsection 8. Claims may not be cumulated by assignment to avoid application of the $50 deductible provision. Subject to the $50 deductible provision, every claim in each class shall be paid in full or adequate funds retained for the payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution and of priority shall be as follows:
1. Administration costs. The cost and expenses of administration, including but not limited to the following: The actual and necessary costs of preserving or recovering the assets of the insurer; compensation for all services rendered in the liquidation; any necessary filing fees; the fees and mileage payable to witnesses; and reasonable attorneys fees.
2. Wages. Debts due to employees for services performed, not to exceed $1,000 to each employee, which have been earned within 1 year before the filing of the petition for liquidation. Officers of the insurer shall not be entitled to the benefit of this priority. Such priority shall be in lieu of any other similar priority authorized by law as to wages or compensation of employees.
3. Loss claims. All claims under policies for losses incurred, including third party claims, and all claims against the insurer for liability for bodily injury or for injury to or destruction of tangible property which are not under policies, and all claims of the Nevada insurance guaranty association, the Nevada life and health insurance guaranty association, and other similar statutory organizations in other jurisdictions, except the first $200 of losses otherwise payable to any claimant under this subsection. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds or investment values, shall be treated as loss claims. Claims may not be cumulated by assignment to avoid application of the $200 deductible provision. That portion of any loss for which indemnification is provided by other benefits or advantages recovered or recoverable by the claimant shall not be included in this class, other than benefits or advantages recovered or recoverable in discharge of familial obligations of support or by way of succession at death or as proceeds of life insurance, or as gratuities.
κ1977 Statutes of Nevada, Page 441 (CHAPTER 244, SB 127)κ
class, other than benefits or advantages recovered or recoverable in discharge of familial obligations of support or by way of succession at death or as proceeds of life insurance, or as gratuities. No payment made by an employer to his employee shall be treated as a gratuity.
4. Unearned premiums and small loss claims. Claims under nonassessable policies for unearned premiums or other premium refunds and the first $200 of loss excepted by the deductible provision in subsection 3.
5. Residual classification. All other claims, including claims of the federal or any state or local government, not falling within other classes under this section. Claims, including those of any governmental body, for a penalty or forfeiture, shall be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby. The remainder of such claims shall be postponed to the class of claims under subsection 8.
6. Judgments. Claims based solely on judgments. If a claimant files a claim and bases it both on the judgment and on the underlying facts, the claim shall be considered by the liquidator, who shall give the judgment such weight as he deems appropriate. The claim as allowed shall receive the priority it would receive in the absence of the judgment. If the judgment is larger than the allowance on the underlying claim, the remaining portion of the judgment shall be treated as if it were a claim based solely on a judgment.
7. Interest on claims already paid. Interest at the legal rate compounded annually on all claims in the classes under subsections 1 to 6, inclusive, from the date of the petition for liquidation or the date on which the claim becomes due, whichever is later, until the date on which the dividend is declared. The liquidator, with the approval of the court, may make reasonable classifications of claims for purposes of computing interest, may make appropriate computations and may ignore certain classifications and time periods as de minimis.
8. Miscellaneous subordinated claims. The remaining claims or portions of claims not already paid, with interest as in subsection 7:
(a) The first $50 of each claim in the classes under subsections 2 to 6, inclusive, subordinated under this section;
(b) Claims subordinated by NRS 696B.430;
(c) Claims filed late;
(d) Portions of claims subordinated under subsection 5;
(e) Claims or portions of claims the payment of which is provided by other benefits or advantages recovered or recoverable by the claimant; and
(f) Claims not otherwise provided for in this section.
9. Preferred ownership claims. Surplus or contribution notes, or similar obligations, and premium refunds on assessable policies. Interest at the legal rate shall be added to each claim, as in subsections 7 and 8.
10. Proprietary claims. The claims of shareholders or other owners.
Sec. 17. NRS 698.380 is hereby amended to read as follows:
698.380 1. A person entitled to basic reparation benefits because of injury covered by this chapter may obtain them through the assigned claims plan established pursuant to the provisions of NRS 698.390 and in accordance with the provisions on time for presenting claims under the assigned claims plan as provided in NRS 698.400 if:
κ1977 Statutes of Nevada, Page 442 (CHAPTER 244, SB 127)κ
in accordance with the provisions on time for presenting claims under the assigned claims plan as provided in NRS 698.400 if:
(a) Basic reparation insurance is not applicable to the injury;
(b) Basic reparation insurance applicable to the injury cannot be identified;
(c) Basic reparation insurance applicable to the injury is inadequate to provide the contracted-for benefits because of financial inability of a reparation obligor to fulfill its obligation [; or] and basic reparation benefits are not otherwise available from the Nevada insurance guaranty association; or
(d) A claim for basic reparation benefits is rejected by a reparation obligor for a reason other than that the person is not entitled under this chapter to the basic reparation benefits claimed.
2. If a claim qualifies for assignment under paragraphs (b), (c) or (d) of subsection 1, the assigned claims bureau or any reparation obligor to whom the claim is assigned is subrogated to all rights of the claimant against any reparation obligor, its successor in interest or substitute, legally obligated to provide basic reparation benefits to the claimant, for basic reparation benefits provided by the assignee.
3. [Except in case of a claim assigned under paragraph (c) of subsection 1, if] If a person receives basic reparation benefits through the assigned claims plan, all assistance or advantages he receives or is entitled to receive as a result of the injury, other than by way of succession at death, death benefits from life insurance or in discharge of familial obligations of support, are subtracted in calculating net benefits payable.
4. A person who does not comply with the requirement of providing security for the payment of basic reparation benefits, as provided in NRS 698.190, and a person as to whom [such] security is invalidated because he is disqualified from receiving basic reparation benefits under NRS 698.340, is not entitled to receive basic reparation benefits from the assigned claims plan.
__________
Assembly Bill No. 147Committee on Health and Welfare
CHAPTER 245
AN ACT relating to drinking water; requiring the state board of health to adopt drinking water standards; authorizing the board to establish a system for issuing operating permits to suppliers of water; prescribing powers and duties of the board, the state health officer and local health officers; providing penalties; and providing other matters properly relating thereto.
[Approved April 23, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. It is the policy of this state to provide for water which is safe for drinking and other domestic purposes and thereby promote the public health and welfare.
κ1977 Statutes of Nevada, Page 443 (CHAPTER 245, AB 147)κ
Sec. 3. As used in sections 2 to 21, inclusive, of this act unless the context otherwise requires, the terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Contaminant means any physical, chemical, biological, radiological or other substance which can cause or transmit infectious disease, chemical poisoning, chronic disease or other impairment to man.
Sec. 5. Federal Act means the Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.).
Sec. 6. Health authority means the officers and agents of the health division or the officers and agents of the local boards of health.
Sec. 7. Health division means the health division of the department of human resources.
Sec. 8. Person includes the State of Nevada, any political subdivision of this or another state, and any agency of the United States.
Sec. 9. Public water system means any system which provides the public with piped water for human consumption if the system has 15 or more service connections or regularly serves 25 or more persons for 60 or more days a year. A public water system includes:
1. Any collection, treatment, storage and distribution facility under control of the operator of the system and used primarily in connection with the system; and
2. Any collection or pretreatment storage facility not under such control but used primarily in connection with the system.
Sec. 10. Supplier of water means a person who owns, controls or operates a public water system.
Sec. 11. The state board of health shall adopt by regulation:
1. Primary drinking water standards which prescribe the maximum permissible levels for contaminants in any public water system and provide for the monitoring and reporting of water quality. The standards shall be at least as stringent as standards established pursuant to the Federal Act.
2. Secondary drinking water standards which reasonably insure that drinking water is aesthetically adequate.
Sec. 12. The state board of health may:
1. Adopt such regulations as may be necessary to govern the construction, operation and maintenance of public water systems where those activities affect the quality of water, but such regulations do not supersede any regulation of the public service commission of Nevada.
2. Establish by regulation an operating permit system for suppliers of water and set a reasonable date after which no person may operate a public water system without possessing a permit issued by a health authority.
Sec. 13. To carry out the provisions and purposes of sections 2 to 21, inclusive, of this act the state board of health may:
1. Through the state health officer and health division:
(a) Enter into agreements, contracts or cooperative arrangements with other state agencies, federal or interstate agencies, municipalities, local health departments, educational institutions or other organizations or persons.
(b) Accent financial and technical assistance from the Federal Government, other public agencies or private contributors.
κ1977 Statutes of Nevada, Page 444 (CHAPTER 245, AB 147)κ
2. Hold hearings, issue notices of hearings, issue subpenas requiring the attendance of witnesses and the production of evidence, administer oaths and take testimony.
Sec. 14. 1. Except as provided in subsection 2, plans and specifications for any substantial addition to or alteration of a public water system subject to a regulation of the state board of health shall be submitted to the health authority for review and approval.
2. A public water system is not required to submit any plans and specifications if the addition or alteration complies with standards previously approved by a health authority.
3. In approving the plans and specifications, the health authority may require such modifications or impose such conditions as are necessary to carry out the provisions of sections 2 to 21, inclusive, of this act.
Sec. 15. 1. The state health officer and health authorities shall:
(a) Enforce the provisions of sections 2 to 21, inclusive, of this act and regulations adopted pursuant thereto; and
(b) Make such investigations and inspections as are necessary to insure compliance with those sections and regulations.
2. Any representative of a health authority may enter the property of any public water system at any reasonable time for the purpose of inspecting and investigating the adequacy and sanitary condition of the system and the quality of its water.
3. Except in an emergency, a health authority shall notify and permit the supplier of water to be present when an inspection or investigation is being conducted.
Sec. 16. 1. An imminent hazard exists if the state health officer, after consulting with the health authority and the supplier of water, determines that a contaminant is or will be found in a public water system and the contaminant is a serious risk to public health.
2. To eliminate an imminent hazard, the state health officer may issue an emergency order requiring the supplier of water immediately to take action necessary to protect the public health. An emergency order may require that a supplier of water cease distributing the water.
3. Such an emergency order is effective immediately and is not subject to review unless the supplier to whom the order is issued, within 30 days after the date the order is served, petitions for a hearing before the state board of health.
4. Whenever conditions of a public water system are such as to require immediate action to protect the public health, the state health officer may issue public warnings in such manner as he determines to be suitable.
Sec. 17. 1. A supplier of water may apply to the state board of health for a variance or exemption from the boards regulations. The board may grant variances or exemptions, after notice and public hearing, under conditions or in circumstances not less stringent than those provided for in the Federal Act.
2. A supplier of water shall notify all users of the water system as soon as the board has scheduled a time and place for the public hearing on the application for a variance or exemption.
κ1977 Statutes of Nevada, Page 445 (CHAPTER 245, AB 147)κ
3. The public service commission of Nevada may participate in the hearing.
Sec. 18. 1. A supplier of water shall immediately notify the appropriate local board or boards of health and the users of the suppliers public water system whenever:
(a) The system is not in compliance with the primary drinking water standards;
(b) The supplier fails to perform any required monitoring of water quality;
(c) The supplier has been granted a variance or exemption by the state board of health; or
(d) The supplier fails to comply with the conditions imposed by the state board of health in granting the variance or exemption.
2. The notification shall be in the form and manner prescribed by the state board of health.
Sec. 19. Any person who violates the provisions of sections 2 to 18, inclusive, of this act or any regulation adopted by the state board of health pursuant to those provisions is guilt of a misdemeanor. Each day of violation constitutes a separate offense.
Sec. 20. 1. Any supplier of water who willfully:
(a) Violates any standard established pursuant to section 11 of this act;
(b) Violates or fails to comply with an emergency order issued pursuant to section 16 of this act;
(c) Violates any condition imposed by the state board of health upon granting a variance or exemption under section 17 of this act; or
(d) Fails to give a notice as required by section 18 of this act,
shall pay a civil penalty of not more than $5,000 for each day of such violation.
2. The civil penalties prescribed in this section may be imposed in addition to any other penalties or relief prescribed in sections 2 to 21, inclusive, of this act.
Sec. 21. 1. A health authority may apply to a court of competent jurisdiction to enjoin the continuance or occurrence of any act or practice which violates the provisions of sections 2 to 21, inclusive, of this act or of any regulation adopted or order issued pursuant thereto.
2. On a showing by the health authority that such a violation has occurred or will occur, the court may issue, without bond, such prohibitory or mandatory injunction as the facts may warrant.
__________
κ1977 Statutes of Nevada, Page 446κ
Assembly Bill No. 566Assemblymen Glover and Jacobsen
CHAPTER 246
AN ACT to amend an act entitled An Act relating to Carson City; consolidating Ormsby County and Carson City into one municipal government to be known as Carson City; providing a charter therefor; and providing other matters properly relating thereto, approved April 1, 1969, as amended.
[Approved April 23, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1.030 of the above-entitled act, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 532, Statutes of Nevada 1971, at page 1111, is hereby amended to read as follows:
Sec. 1.030 Description of territory. The territory embraced in Carson City is that certain land situate in the State of Nevada, described as follows: Beginning at the northwest corner of Douglas County, Nevada, at a point on the common boundary between the State of Nevada and the State of California; thence due east to the shoreline of Lake Tahoe; thence easterly along the south boundaries of a portion of Section 33, all of 34, 35 and 36, T. 15 N., R. 18 E., M.D.B. & M.; thence continuing easterly along the south boundaries of Sections 31, 32, 33, 34, 35 and 36, T. 15 N., R. 19 E., to the southwest corner of Section 31, T. 15 N., R. 20 E.; thence continuing easterly along the south boundary of Section 31 to the east 1/16 corner common to Section 31 and Section 6, T. 14 N., R. 20 E.; thence southerly along the north-south centerline of the NE 1/4 of Section 6, a distance of 300 feet, more or less, to the center north-north-northeast 1/256 corner of Section 6; thence easterly along the east-west centerline NW 1/4 of the NE 1/4 of the NE 1/4 of Section 6, a distance of 660 feet, more or less to the center north-northeast-northeast 1/256 corner of Section 6; thence northerly along the north-south centerline of the NE 1/4 of the NE 1/4 of Section 6, a distance of 300 feet, more or less, to the east-east 1/64 corner common to Section 6, T. 14 N., R. 20 E., and Section 31, T. 15 N., R. 20 E.; thence easterly along the south boundary of Section 31 to its south-east corner; thence continuing easterly along the south boundary of Section 32, T. 15 N., R. 20 E., to the one-quarter corner common to Section 32 and Section 5, T. 14 N., R. 20 E.; thence southerly along the north-south one-quarter section line of Section 5 to the one-quarter corner common to Section 5 and Section 8, T. 14 N., R. 20 E.; thence easterly along the boundary common to Sections 5 and 8 to the northeast corner of Section 8; thence southerly along the boundary common to Section 8 and Section 9, T. 14 N., R. 20 E., to the southeast corner of Section 8; thence easterly along the south boundaries of Sections 9, 10, 11 and 12, T. 14 N., R. 20 E.; thence continuing easterly along the south boundaries of Sections 7, 8, 9, 10, 11 and 12, T. 14 N., R. 21 E.; thence easterly along the south boundary of Section 7, T. 14 N., R. 22 E. to a point on the centerline of Eldorado Canyon and from which point the southeast corner of Section 7 bears S.
κ1977 Statutes of Nevada, Page 447 (CHAPTER 246, AB 566)κ
corner of Section 7 bears S. 89Ί51΄ E. a distance of 1,386 feet; thence down the center of Eldorado Canyon to a point thereon due east of Brown & Companys dam on the Carson River; thence in a westerly direction, crossing the Carson River at the dam; thence to the Half Way House, between Carson and Silver City; thence northwesterly to the summit of the mountains east of Washoe Lake; thence southwesterly to the corner common to sections 14, 15, 22 and 23, T. 16 N., R. 20 E.; thence westerly along the common boundaries between sections 15 and 22 and between 16 and 21, T. 16 N., R. 20 E. to the corner common to sections 16, 17, 20 and 21, T. 16 N., R. 20 E.; thence southerly along the common boundary between sections 20 and 21 to the corner common to sections 20, 21, 28 and 29, T. 16 N., R. 20 E.; thence westerly along the common boundary between sections 20 and 29 to the corner common to sections 19, 20, 29 and 30, T. 16 N., R. 20 E.; thence southerly along the common boundary between sections 29 and 30 to the corner common to sections 29, 30, 31 and 32, T. 16 N., R. 20 E.; thence westerly along the common boundary between sections 30 and 31, T. 16 N., R. 20 E. and sections 25 and 36, T. 16. N., R. 19 E., to the 1/4 corner common to sections 25 and 36; thence southerly along the north-south 1/4 section line of section 36 to the center of section 36; thence westerly along the east-west 1/4 section line of [sections 36 and 35,] section 36, T. 16 N., R. 19 E. to a point on that line which lies 839.13 feet easterly from the 1/4 corner common to sections 35 and 36, T. 16 N., R. 19 E.; thence north 55Ί26΄00̋ east, 152.32 feet; to the southerly right of way line of U.S. Highway 395; thence on a curve to the right from a tangent bearing of north 44Ί19΄39̋ west, through an angle of 6Ί15΄39̋ with a radius of 1972 feet, for a length of 215.48 feet; thence north 71Ί36΄35̋ west, 859.24 feet to the section line common to sections 35 and 36; thence south 86Ί33΄55̋ west, 2612.76 feet; to the 1/4 section line of section 35; thence south 1Ί39΄33̋ west, 324.06 feet; to the center of section 35; thence westerly along the east-west 1/4 section line of sections 34 and 35, T. 16 N., R. 19 E. to the 1/4 corner common to sections 34 and 35, T. 16 N., R. 19 E.; thence southerly along the common boundary between sections 34 and 35 to the southeast corner of section 34; thence westerly along the common boundary between section 34, T. 16 N., R. 19 E., and section 3, T. 15 N., R. 19 E., to the northwest corner of section 3; thence southerly along the common boundary between sections 3 and 4, T. 15 N., R. 19 E., to the 1/4 corner common to sections 3 and 4; thence westerly along the east-west 1/4 section line of section 4 to the center of section 4; thence southerly along the north-south 1/4 section line of section 4 to the 1/4 corner common to sections 4 and 9, T. 15 N., R. 19 E.; thence westerly along the common boundary between sections 4 and 9 to the corner common to sections 4, 5, 8 and 9, T. 15 N., R. 19 E.; thence southerly along the common boundary between sections 8 and 9 to the corner common to sections 8, 9, 16 and 17, T. 15 N., R. 19 E.; thence westerly along the common boundary between sections 8 and 17 to the corner common to sections 7, 8, 17 and 18, T. 15 N.,
κ1977 Statutes of Nevada, Page 448 (CHAPTER 246, AB 566)κ
N., R. 19 E.; thence southerly along the common boundary between sections 17 and 18 to the north 1/64th corner common to sections 17 and 18, T. 15 N., R. 19 E.; thence westerly along the north boundary of the S 1/2 S 1/2 N 1/2 of section 18 to the north 1/64th corner common to sections 18, T. 15 N., R. 19 E. and 13, T. 15 N., R. 18 E.; thence continuing westerly along the north boundary of the S 1/2 S 1/2 N 1/2 of sections 13, 14, 15, 16, 17 and a portion of 18, T. 15 N., R. 18 E., to the Nevada-California state line; thence south along the California line to the place of beginning.
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Assembly Bill No. 483Assemblymen Howard, Bennett, Chaney, Jacobsen, Mello, Dini, Hickey, Brookman, Barengo, Rhoads, Serpa, Moody and Polish
CHAPTER 247
AN ACT making an appropriation to the department of economic development to assist in developing industry and tourism throughout the state; and providing other matters properly relating thereto.
[Approved April 25, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the department of economic development the sum of $200,000 to be used as follows:
1. For industrial development within Clark and Washoe counties, $100,000, prorated between the counties on the basis of their populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
2. For the development of tourism and industry in the remainder of the state, $100,000.
3. No amount may be allocated for a local project under this section unless it is matched with an equivalent amount from local sources.
Sec. 2. After June 30, 1979, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
__________
κ1977 Statutes of Nevada, Page 449κ
Assembly Bill No. 499Assemblymen Dini, Mello, May, Vergiels, Robinson, Jeffrey, Wagner, Harmon, Demers, Kissam, Hickey, Westall, Goodman, Polish, Barengo, Bremner, Brookman, Price, Kosinski, Mann, Glover, Horn, Schofield, Sena, Moody, Serpa, Rhoads, Jacobsen, Ross and Hayes
CHAPTER 248
AN ACT relating to anatomical gifts; permitting a donor to attach information concerning a gift to his drivers license or identification card; and providing other matters properly relating thereto.
[Approved April 26, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 451 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A person who makes a gift of all or part of his body may attach written permission for a physician to carry out the appropriate procedures on a drivers license or an identification card issued by the department of motor vehicles.
2. The department and its representatives are not liable for damages in a civil action or subject to prosecution in any criminal proceeding on account of any entry on or document attached to a drivers license or an identification card issued by the department.
Sec. 2. NRS 451.500 is hereby amended to read as follows:
451.500 NRS 451.500 to 451.585, inclusive, and section 1 of this act may be cited as the Uniform Anatomical Gift Act.
Sec. 3. NRS 483.340 is hereby amended to read as follows:
483.340 1. The department shall (upon payment of the required fee) issue to every applicant qualifying therefor a drivers license indicating the type or class of vehicles the licensee may drive, which license shall bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license shall be valid until it has been so signed by the licensee.
2. The department may issue a drivers license for identification purposes only for use by officers of local police and sheriffs departments and agents of the investigation and narcotics division of the department of law enforcement assistance while engaged in special undercover narcotics or prostitution investigations. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license shall be made through the head of the police or sheriffs department or the chief of the investigation and narcotics division. Such a license shall be exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such drivers license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a drivers license under subsection 2 is confidential.
κ1977 Statutes of Nevada, Page 450 (CHAPTER 248, AB 499)κ
4. It is unlawful for any person to use a drivers license issued under subsection 2 for any purpose other than the special investigation for which it was issued.
5. A person may attach to his drivers license any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive.
Sec. 4. NRS 483.840 is hereby amended to read as follows:
483.840 1. The form of the identification cards shall be similar to that of drivers licenses but distinguishable in color or otherwise.
2. Identification cards do not authorize the operation of any motor vehicle.
3. Identification cards shall include the following information concerning the holder:
(a) Name and sample signature of holder.
(b) Social security number or serial number of holders card.
(c) Personal description.
(d) Date of birth.
(e) Current address.
(f) A photograph of the type required by NRS 483.347 for drivers licenses.
4. A person may attach to his identification card any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive.
Sec. 5. This act shall become effective on September 1, 1977.
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Senate Bill No. 151Committee on Judiciary
CHAPTER 249
AN ACT relating to the court administrator; changing his salary and duties; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 1.330 is hereby amended to read as follows:
1.330 The court administrator shall:
1. Be appointed by the supreme court and shall serve at the pleasure of the court.
2. Receive an annual salary set by the supreme court [not to exceed $22,500.] within the limits of legislative appropriations.
Sec. 2. NRS 1.360 is hereby amended to read as follows:
1.360 Under the [supervision and] direction of the supreme court, the court administrator shall:
1. Examine the administrative [methods and systems] procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this state and make recommendations, through the chief justice, for the improvement of such [methods and systems;] procedures;
κ1977 Statutes of Nevada, Page 451 (CHAPTER 249, SB 151)κ
2. Examine the condition of the dockets of the [district] courts and determine the need for assistance by any [district] court;
3. Make recommendations to and carry out the directions of the chief justice relating to the assignment of district judges where district courts are in need of assistance; [and carry out the direction of the chief justice as to the assignments of judges to judicial districts where the courts are in need of assistance;
4. Collect and compile statistical and other data and make reports of the business transacted by all courts]
4. Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the state court system and transmit such information to the supreme court [to the end] so that proper action may be taken in respect thereto;
5. Prepare and submit a budget [estimates] of state appropriations necessary for the maintenance and operation of the [judicial system] state court system and make recommendations in respect thereto;
6. Develop procedures for accounting, internal auditing, procurement and disbursement for the state court system;
7. Collect statistical and other data and make reports relating to the expenditure of [public moneys, state and local,] all public moneys for the maintenance and operation of the [judicial system] state court system and the offices connected therewith;
[7.] 8. Formulate and submit to the supreme court [of this state] recommendations of policies or proposed legislation for the improvement of the [judicial system;] state court system; and
[8. Submit annually, on February 1, to the supreme court a report of the activities of the administrators office for the preceding calendar year;]
9. Attend to such other matters as may be assigned by the supreme court or prescribed by law.
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Assembly Bill No. 583Assemblyman Gomes
CHAPTER 250
AN ACT relating to maternal and child health; requiring the department of human resources to include testing for amblyopia in the state plan for maternal and child health services.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 442 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The department, through the state board of health and the health division, shall include testing for amblyopia in the state plan for a maternal and child health program as provided in NRS 442.140.
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κ1977 Statutes of Nevada, Page 452κ
Assembly Bill No. 619Assemblymen Bremner, Mello, Glover, Jacobsen, Howard, Dreyer, Harmon, Hickey, Brookman and Barengo
CHAPTER 251
AN ACT relating to awards to state employees; permitting awards for longevity to be made from available funds; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 285 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The governor or head of a state agency may present longevity awards to state employees if:
1. The cost of each award does not exceed $10; and
2. The office of the governor or the agency has sufficient funds available for such awards.
Sec. 2. NRS 285.010 is hereby amended to read as follows:
285.010 As used in this chapter [:] unless the context otherwise requires:
1. Adoption means the putting of an employee suggestion into effect.
2. Board means the merit award board.
3. Employee suggestion means a proposal by a state employee which would:
(a) Reduce or eliminate state expenditures; or
(b) Improve the operation of state government.
4. Longevity award means a suitable symbol, other than money, of continuous and faithful service in state government for a period of 5, 10, 20, 30 or 40 years by a state employee.
5. Merit award means an award to a state employee for an adopted suggestion in the form of either the governors certificate of commendation or a cash payment.
[5.] 6. State employee means any person employed by a state agency who is not the head of the department.
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Assembly Bill No. 273Committee on Ways and Means
CHAPTER 252
AN ACT making an appropriation from the state general fund to the state planning coordinator for preparation of a consolidated biennial report on state executive agencies.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the state planning coordinator the sum of $12,750 for the purpose of preparing a consolidated biennial report on state executive agencies.
κ1977 Statutes of Nevada, Page 453 (CHAPTER 252, AB 273)κ
Sec. 2. After June 30, 1979, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 575Committee on Government Affairs
CHAPTER 253
AN ACT relating to the property tax; providing for recovery by the county of its costs of nuisance abatement on property held in trust for delinquent taxes; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The necessary costs to the county to abate a nuisance on property held in trust by the county treasurer for delinquent taxes are legally chargeable against the property.
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Assembly Bill No. 523Assemblymen Mello, Glover, Dini, Harmon, Demers, Brookman, Kosinski, Barengo, Bremner, Sena, Jacobsen, Murphy, Mann and Howard
CHAPTER 254
AN ACT making an appropriation to the division of state parks in the state department of conservation and natural resources for capital improvements in state parks and restoring equipment of the Virginia and Truckee Railroad; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the division of state parks in the state department of conservation and natural resources:
1 The sum of $1,160,660 for capital improvements in Nevada state parks, including contracts for consultative services related to the improvements of state park property.
2. The sum of $103,000 for the restoration of equipment of the Virginia and Truckee Railroad.
Sec. 2. After June 30, 1979, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
__________
κ1977 Statutes of Nevada, Page 454κ
Assembly Bill No. 391Assemblymen Glover, Bremner, Mello, Hickey, Brookman, Demers and Serpa
CHAPTER 255
AN ACT relating to public officers and employees; increasing the amount which public agencies may pay for monthly premiums on group insurance; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the monthly premiums of such group insurance, not to exceed [$30 for the fiscal year 1975-1976, or $32 for each fiscal year thereafter,] the amount specified by law, applied to both group life and group accident or health coverage, for each state or other participating officer or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf such part is paid from funds appropriated to or authorized for such department, agency, commission or public agency for such purpose. State participation in the cost of monthly premiums shall not exceed the amounts specified [in this subsection.] by law.
2. [No] A department, agency, commission or public agency shall not pay any part of such premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.
Sec. 2. The cost of monthly premiums which may be applied to group life, accident or health coverage for each state or other participating officer or employee by the department, agency, commission or public agency which employs such officer or employee shall not exceed $36.80 for the 1977-78 fiscal year and $42.32 for each fiscal year thereafter.
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Assembly Bill No. 376Committee on Commerce
CHAPTER 256
AN ACT relating to insurance; allowing the commissioner of insurance to inspect certain policies; requiring certain life insurance policies to contain a notice of right to a refund of premiums under certain circumstances; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 679B of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1977 Statutes of Nevada, Page 455 (CHAPTER 256, AB 376)κ
The commissioner, at any time, may inspect any insurance policy covering any risk in this state. Every policyholder, upon request, shall produce any insurance policy in his possession or under his control for inspection by the commissioner.
Sec. 2. Chapter 688A of NRS is hereby amended by adding thereto a new section which shall read as follows:
No policy of life insurance, other than an industrial life insurance policy, may be delivered or issued for delivery in this state unless it contains a provision, or a notice attached to the policy, which, in substance, states that during a period of 10 days from the date the policy is delivered to the policy owner, it may be surrendered to the insurer together with a written request for cancellation of the policy and in such event, the insurer will refund any premium paid therefor, including any policy fees or other charges.
Sec. 3. This act shall become effective on October 1, 1977.
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Assembly Bill No. 366Assemblyman Dini
CHAPTER 257
AN ACT relating to actions concerning persons; extending governmental immunity to special districts; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in NRS 41.031 to 41.039, inclusive, the term political subdivision includes a fire district, irrigation district, school district and other special district which performs a governmental function, even though it does not exercise general governmental powers.
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Senate Bill No. 87Committee on Government Affairs
CHAPTER 258
AN ACT relating to public records; providing for the disposition of certain records by local government entities; prescribing the powers and duties of the division of state, county and municipal archives within the office of the secretary of state regarding such records; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 239 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1977 Statutes of Nevada, Page 456 (CHAPTER 258, SB 87)κ
As used in this chapter division of archives means the division of state, county and municipal archives within the office of the secretary of state.
Sec. 2. NRS 239.070 is hereby amended to read as follows:
239.070 1. In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use the microfilm method of recording.
2. The division of archives shall provide microfilming service to any local government entity. The charge for the service shall not exceed the actual cost.
3. If such microfilm method be used:
(a) The microphotographs or micronegative films shall be properly indexed and placed in conveniently accessible files.
(b) Each film shall be designated and numbered.
(c) Provision shall be made for preserving, examining and using the same.
[3.] 4. A duplicate of such film shall be made and kept safely in a separate place.
[4.] 5. Duplicates of such film shall be made available by the county recorder for sale at a price not exceeding cost upon request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of such film available for sale to the public at a price not exceeding cost.
Sec. 3. NRS 239.090 is hereby amended to read as follows:
239.090 1. Subject to the provisions of subsection 2, any state official [, or a custodian of records of a local governmental entity, as defined in NRS 239.121, or any other official is authorized to turn over to the secretary of state for permanent preservation in the archives, all] may submit any obsolete official books, records, documents, original papers, newspaper files and printed books not in current use in his office [.] to the division of archives.
2. A state officer shall first obtain the consent and approval of the governor. [A custodian of records of a local governmental entity shall first comply with NRS 239.123, and any other officer] Any other state official shall obtain the consent of the department head under which he operates.
3. [When so surrendered, copies therefrom shall be made and certified by the secretary of state upon the application of any person interested, which certification shall have all the force and effect as if made by the officer originally in the custody of such records, and for which the same fees shall be charged, to be collected in advance.] The division of archives may return a submission or any part thereof, if the submission has no historical or permanent value.
4. A submission of a local government entity may be reclaimed, in whole or in part, by that entity by serving written notice upon the division of archives and paying the cost of transportation for the return.
Sec. 4. NRS 239.121 is hereby amended to read as follows:
239.121 [The terms defined in this section, wherever used or referred to] As used in NRS 239.121 to 239.125, inclusive: [, have the following meanings unless a different meaning clearly appears in the context:]
κ1977 Statutes of Nevada, Page 457 (CHAPTER 258, SB 87)κ
1. Custodian of records means any person authorized to have the care, custody and control of any documents, instruments, papers, books, pamphlets or any other records or writings of a local governmental entity.
2. Governing body means the governing body of a local governmental entity.
3. Local governmental entity means a county, an incorporated city, an unincorporated town, a township, a school district or any other public district or agency designed to perform local governmental functions.
4. Old records means documents, instruments, papers, books, pamphlets or any other records or writings of a local governmental entity which are [at least 2 years old and have been] retained for any purpose by the local governmental entity [.] beyond the minimum retention period established by the division of archives.
Sec. 5. NRS 239.123 is hereby amended to read as follows:
239.123 1. As an alternative to the destruction of old records [in the manner] as provided by NRS 239.122, such records, with the consent of the governing body, may be [presented by the custodian of records to the secretary of state for permanent preservation in the division of state, county and municipal archives.] submitted to the division of archives.
2. The custodian of records shall maintain an accounting of all old records disposed of pursuant to this section, indicating the nature or identity of such records as well as the date of [delivery to the secretary of state.] submission to the division of archives.
Sec. 6. NRS 239.125 is hereby amended to read as follows:
239.125 1. A local governmental entity may establish a records management program, including the adoption of record retention schedules and microfilming procedures which shall be approved by the governing body and [consistent with the provisions of NRS 239.121 to 239.125, inclusive.] comply with applicable law.
2. The division of archives shall adopt regulations providing for categories of old records and minimum retention periods for local government records. The proposed regulations or any amendment thereto shall be submitted to the local government advisory committee, established pursuant to NRS 354.594, for advice and recommendations.
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Assembly Bill No. 342Committee on Government Affairs
CHAPTER 259
AN ACT relating to marriage; relaxing the requirements for obtaining a certificate of permission; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 122.064 is hereby amended to read as follows:
122.064 1. A certificate of permission may be obtained only from the county clerk of the county in which the minister resides, after the filing of a proper application. The initial application shall:
κ1977 Statutes of Nevada, Page 458 (CHAPTER 259, AB 342)κ
(a) Be in writing and verified by the applicant or his superior.
(b) Show the date of licensure or ordination, or both, of the minister, and the name of the denomination, governing body and church, or any of them, with which he is affiliated.
(c) Be accompanied by two copies of the denominational standing of the applicant, one of which the county clerk shall file with the secretary of state.
2. For the purpose of determining the qualifications of any minister who has filed an application for a certificate, the county clerk with whom such application has been filed may require that:
(a) The congregation of such minister furnish any evidence which the county clerk considers necessary or helpful.
(b) The district attorney and the sheriff conduct an investigation of the background and present activities of such minister.
3. In addition to the requirement of good standing, the county clerk shall before approving an initial application satisfy himself that:
(a) The applicants ministry is primarily one of service to his congregation or denomination, and that his performance of marriages will be incidental to such service, or, in the case of a retired minister, that his active ministry was of such nature.
(b) No certificate previously issued to the applicant has been canceled for knowing violation of the laws of this state or of the United States.
(c) The applicant has [never been convicted of a felony or of any crime of which moral turpitude is an element.] not been convicted of a felony, released from confinement or completed his parole or probation, whichever occurs later, within 10 years before the date of application.
4. The county clerk may require any applicant to submit information in addition to that required by this section.
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Assembly Bill No. 227Committee on Judiciary
CHAPTER 260
AN ACT relating to public administrators; requiring a quarterly statement of nonreceipt of certain fees or compensation when no such fees or compensation are received in the preceding quarter; authorizing audits by the county commissioners; providing a penalty; removing penalties held to be merged with other provisions of law; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 253.090 is hereby amended to read as follows:
253.090 1. On the 1st Monday of January, April, July and October, public administrators shall make out and file with the boards of county commissioners of their several counties: [a]
(a) A full and correct statement under oath of: [all]
κ1977 Statutes of Nevada, Page 459 (CHAPTER 260, AB 227)κ
(1) All fees or compensation, of [whatever nature or] any kind, received in their several official capacities during the preceding 3 months [. In the statement they shall set forth the] ; and
(2) The cause in which, and the services for which, such fees or compensation were received [.] ; or
(b) A statement under oath that no fees or compensation of any kind were received in their official capacities during the preceding 3 months.
2. Nothing in this section [shall be so construed as to require] requires personal attendance in filing statements, which may be transmitted by mail or otherwise directed to the clerk of the board of county commissioners.
3. Any public administrator who [shall violate] violates any of the provisions of this section shall be fined not more than $1,000.
Sec. 2. NRS 244.200 is hereby amended to read as follows:
244.200 The boards of county commissioners shall have power and jurisdiction in their respective counties to examine and audit: [the]
1. The accounts of all officers having the care, management, collection or disbursement of any money belonging to the county or appropriated by law, or otherwise, for its use and benefit [.] ; and
2. The fees or compensation received by the public administrators of the respective counties in their several official capacities.
Sec. 3. NRS 253.140 is hereby repealed.
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Assembly Bill No. 578Committee on Government Affairs
CHAPTER 261
AN ACT relating to the county motor vehicle fuel tax; changing terminology and maturity on short-term financing; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 373.020 is hereby amended to read as follows:
373.020 As used in this chapter, unless the context otherwise requires:
1. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, herein authorized.
2. Board means the board of county commissioners.
3. City means an incorporated city or incorporated town.
4. Commission means the regional street and highway commission.
5. Cost of the project, or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including without limitation preliminary expenses advanced by the county from [funds] money available for use therefor or any other source, or advanced by any city with the approval of the county from [funds] money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of and interest on the bonds, the filing or recordation or instruments, the costs of [emergency loans,] short-term financing, construction loans and other temporary loans of not exceeding [3] 5 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.
κ1977 Statutes of Nevada, Page 460 (CHAPTER 261, AB 578)κ
or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including without limitation preliminary expenses advanced by the county from [funds] money available for use therefor or any other source, or advanced by any city with the approval of the county from [funds] money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of and interest on the bonds, the filing or recordation or instruments, the costs of [emergency loans,] short-term financing, construction loans and other temporary loans of not exceeding [3] 5 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.
6. Federal securities means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States of America.
7. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction or other major improvement (or any combination thereof) of any project, or an interest therein, herein authorized. Improvement or improve does not include renovation, reconditioning, patching, general maintenance or other minor repair.
8. Project means street and highway construction, including without limitation the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including without limitation the acquisition and improvement of all types of property therefor.
9. Town means an unincorporated town or city.
__________
κ1977 Statutes of Nevada, Page 461κ
Assembly Bill No. 576Committee on Government Affairs
CHAPTER 262
AN ACT relating to the county motor vehicle fuel tax; providing for the use of the unrefunded balance of the tax on aviation fuel for purposes related to aviation; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 373.150 is hereby amended to read as follows:
373.150 1. [Any] Except as provided in subsection 3, any city or town whose territory is not included wholly or in part in the streets and highways plan described in NRS 373.030 may receive a distribution in aid of an approved construction project from the regional street and highway fund, which shall not exceed the amount allocated to such city or town under subsection 2.
2. The share of revenue from the county motor vehicle fuel tax allocated to each such city or town shall be in the proportion which its total assessed valuation bears to the total assessed valuation of the entire county. Any amount so allocated which is not distributed currently in aid of an approved project shall remain in the fund to the credit of that city or town.
3. The unrefunded balance of the tax collected under this chapter which is subject to refund by reason of the use of such taxed fuel as aviation fuel, shall be allocated to the local governments which own or control any airports, landing areas and air navigation facilities within the county in the manner and for the purposes described in NRS 494.046.
Sec. 2. NRS 373.130 is hereby amended to read as follows:
373.130 1. Funds for the payment of the cost of a project within the area embraced by the streets and highways plan described in NRS 373.030 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 of this section, or, subject to any pledges, liens and other contractual limitations made hereunder, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented [in NRS 373.150] by the provisions [for direct distribution for any area not embraced by such plan,] of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Funds for street and highway construction outside the area embraced by such plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.
2. The board may, after the enactment of an ordinance as authorized by NRS 373.030, from time to time issue revenue bonds and other revenue securities, on the behalf and in the name of the county:
(a) The total of all of which, issued and outstanding at any one time, shall not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the tax imposed pursuant to the provisions of NRS 373.030; and
(b) Which shall not be general obligations of the county or a charge on any real estate therein; but
κ1977 Statutes of Nevada, Page 462 (CHAPTER 262, AB 576)κ
(c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the motor vehicle fuel taxes herein designated, except such portion of such receipts as may be required for the direct distributions authorized by NRS 373.150.
3. A county is authorized to issue bonds without the necessity of their being authorized at any election in such manner and with such terms as herein provided.
4. Subject to the provisions of this chapter, for any project authorized therein the board of any county, as the board may determine from time to time, may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other county securities, and in connection with such undertaking or such project, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
5. All such securities shall constitute special obligations payable from the net receipts of the motor vehicle fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of such securities shall be limited to such net receipts.
6. Except for:
(a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;
(b) Any interim debentures which are funded with the proceeds of bonds;
(c) Any temporary bonds which are exchanged for definitive bonds;
(d) Any bonds which are reissued or which are refunded; and
(e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued hereunder,
all bonds and other securities issued hereunder shall be payable solely from the proceeds of motor vehicle fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and accounted for in the general road fund of the county may be used by the county for the payment of securities issued hereunder and may be pledged therefor. If during any period any securities payable from such tax proceeds are outstanding, such tax receipts shall not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 shall not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time such tax receipts are so apportioned, provision has been duly made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as the same become due, as provided in the securities, the ordinance authorizing their issuance, and any other instrument appertaining to the securities.
7. The ordinance authorizing the issuance of any bond or other revenue security hereunder shall describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. Nothing herein contained shall be construed as requiring the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, nor as preventing the modification by the board of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to such approval by the commission of the project as so modified.
κ1977 Statutes of Nevada, Page 463 (CHAPTER 262, AB 576)κ
be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, nor as preventing the modification by the board of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to such approval by the commission of the project as so modified.
__________
Assembly Bill No. 568Committee on Government Affairs
CHAPTER 263
AN ACT relating to public purchasing; authorizing local governments to let contracts without competitive bidding where no bids are received; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 332 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2, when a governing body or its authorized representative has advertised for or requested bids in letting a contract and no responsible bids are received, the governing body may let the contract without competitive bidding not less than 7 days after it publishes a notice stating that no bids were received on the contract and that the contract may be let without further bidding.
2. A governing body or its authorized representative shall entertain any bid which is submitted after it publishes notice and before the expiration of the waiting period.
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Assembly Bill No. 569Committee on Government Affairs
CHAPTER 264
AN ACT relating to county government; clarifying the restriction on county commissioners against voting on certain matters which extend beyond their terms of office; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.320 is hereby amended to read as follows:
244.320 1. Except as otherwise authorized by law, a board of county commissioners may not enter into any contract, lease, franchise, exchange of property or other transaction extending beyond the terms of the county commissioners then in office and voting on the matter unless a resolution containing a notice of intention is adopted at a regular meeting of the board.
κ1977 Statutes of Nevada, Page 464 (CHAPTER 264, AB 569)κ
containing a notice of intention is adopted at a regular meeting of the board.
2. The notice of intention shall:
(a) Set forth in detail the purpose, terms and conditions of the proposed contract, lease, franchise, exchange of property or other transaction.
(b) Be published in full in at least one issue of a newspaper published in the county or, if there is no such newspaper, in a newspaper having general circulation therein.
(c) Set the date, time and place of a public hearing which shall not be earlier than the date of the next following regular meeting of the board of county commissioners.
3. At the place, date and hour specified for the public hearing in the notice of intention or at any subsequent time to which the public hearing may be adjourned, the board of county commissioners shall hear any objections or protests made by any person. [or persons.]
4. The board of county commissioners may authorize, reject or amend any such proposed contract, lease, franchise, exchange of property or other transaction at any time after such public hearing.
5. This section does not prevent a quorum of the board of county commissioners from voting to enter into any contract, lease, franchise, exchange of property or other transaction which does not extend beyond their terms of office.
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Assembly Bill No. 333Assemblymen Chaney, Bennett, Dreyer and Gomes
CHAPTER 265
AN ACT relating to elections; clarifying prohibition against electioneering; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.592 is hereby amended to read as follows:
293.592 1. It is unlawful within 100 feet of the outside entrance [from the public thoroughfare to any polling place, marked as such entrance:] of the building in which the polling place is located:
[1.] (a) For any person to solicit a vote or speak to a voter on the subject of marking his ballot.
[2.] (b) For any person, including an election board officer, to do any electioneering on election day.
[3.] 2. Any person who violates any provision of this section is guilty of a gross misdemeanor.
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κ1977 Statutes of Nevada, Page 465κ
Assembly Bill No. 321Committee on Government Affairs
CHAPTER 266
AN ACT relating to fees of county clerks; increasing certain fees; deleting certain fees; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 19.013 is hereby amended to read as follows:
19.013 1. Each county clerk shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, in addition to the court fee now provided by law, to be paid by the party commencing [such] the action, [or] proceeding or transfer.................................................... [$17.00] $32.00
On an appeal to the district court of any case from a justices court or a municipal court, or on the transfer of any case from a justices court or a municipal court, in addition to the court fee now provided by law [10.00] 20.00
On the filing of a petition for letters testamentary, or of administration or guardianship, which fee shall include the court fee now provided by law, to be paid by the petitioner:
Where the stated value of the estate is more than $1,000 and less than $5,000................................................................ [15.00] 25.00
Where the stated value of the estate is $5,000 or more [25.00] 50.00
Where the stated value of the estate is $1,000 or less, no fee may be charged or collected.
On filing a petition to contest any will or codicil, to be paid by the petitioner [15.00] ............................................................................................... 25.00
On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any [other proceeding in an estate or guardianship matter, to be paid by the moving or objecting party] answer in an estate or guardianship matter................................................................................................ [5.00] 25.00
On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.............................................................................................. [10.00] 25.00
[For every additional defendant, appearing separately.... 5.00
On the filing of any paper in intervention.............................................. 10.00
For issuing an execution or order of sale, in any action...................... 1.00 For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing the same and which shall be in full for all services to be rendered in connection with the motion................................... $5.00]
κ1977 Statutes of Nevada, Page 466 (CHAPTER 266, AB 321)κ
For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing the same and which shall be in full for all services to be rendered in connection with the motion $5.00]
For filing a notice of appeal [and appeal bond, each................... 1.00] $10.00
[For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage........................................................................................... 2.50
For filing remittitur from the supreme court........................................... 1.00
For recording judgment entered thereon, per folio............ .20]
For issuing transcript of judgment and certifying thereto................... 1.00
[For filing and docketing abstract of judgment of justices court...... 1.00
For issuing execution thereon.............................................. 1.00]
For preparing any copy of any record, proceeding or paper on file in his office:
[When such copy is typed, per folio................................... .20]
When such copy is reproduced by xerography, for each page ... .25
When such copy is photostated, for each page........ [.60] .50
For each certificate of the clerk, under the seal of the court .. 1.00
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate................... [1.00] 2.00
[For comparing such copy with the original, per folio...... .05]
For filing and indexing articles of incorporation.......................... [2.50] 5.00
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement or bond companies [1.00] .............................................................................. 3.00
For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity...................................................... [1.00] 5.00
[For administering each oath, without certificate, except in a pending action or proceeding..................................................................................... 1.00]
For issuing any certificate under seal, not otherwise provided for [1.00] 2.00
[For taking any affidavit, except in criminal cases................................ .50
For taking any acknowledgment.............................................................. 1.00]
For searching records or files in his office, for each year.................... .50
For filing and recording a bond of a notary public..................... [2.50] 5.00
κ1977 Statutes of Nevada, Page 467 (CHAPTER 266, AB 321)κ
2. All fees prescribed in this section [shall be] are payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 [shall be] are in full for all services rendered by the county clerk in the case for which [such] the fees are paid, to and including the making up of the judgment roll, but such fees [shall] do not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. No fee [shall] may be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee [shall] may be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
5. Each county clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.
Sec. 2. NRS 19.020 is hereby amended to read as follows:
19.020 1. At the time of the commencement of every civil action or other proceeding in the several district courts, the plaintiff shall pay the clerk of the court in which the action [shall be] is commenced the sum of $3, except as otherwise provided.
2. At the commencement of any proceeding in any district court for the purpose of procuring an appointment of administration upon the estate of any deceased person, or procuring an appointment as guardian, the party instituting [such] the proceeding shall pay the clerk of the court the sum of $1.50.
3. Whenever any appeal [shall be] is taken in a civil action or proceeding from the judgment or decision of a justices court, or other tribunal inferior to the district court, the party appealing shall, before the return to the appeal [shall be allowed to] may be filed in the appellate court, pay to the clerk of the appellate court the sum of [$1.] $5.
4. The several fees provided for in this section [shall be known] are designated as court fees, and no such action [shall] may be deemed commenced, proceedings instituted, [or] nor appeal perfected until the [fees shall be paid as aforesaid.] court fees are paid.
Sec. 3. NRS 19.031 is hereby amended to read as follows:
19.031 1. In each county in which legal services are provided without charge to indigent persons through a legal aid program organized under the auspices of the State Bar of Nevada, a county or local bar association or a county legal services program, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of [$1] $3 from the party commencing or appearing in such action or proceeding. Such fees shall be in addition to any other fees required by law.
2. On or before the first Monday of each month the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1. The county treasurer shall remit quarterly all such amounts received by him to the organization operating the legal services program.
κ1977 Statutes of Nevada, Page 468 (CHAPTER 266, AB 321)κ
Sec. 4. NRS 602.050 is hereby amended to read as follows:
602.050 1. Every county clerk must keep, in alphabetical order, in a book or other suitable index provided for that purpose:
(a) A register of all the names of such corporations, businesses, or fanciful or fictitious designations, as shown in the certificates.
(b) Unless it is a corporation, the name of each person shown to be interested in or a partner in such business.
2. Every county clerk shall charge for each corporate or firm name entered a fee of [$1,] $5, which shall be full compensation for filing and registration.
Sec. 5. NRS 145.090 is hereby repealed.
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Assembly Bill No. 522Assemblymen Harmon, Demers, Dreyer, Robinson and Sena
CHAPTER 267
AN ACT relating to county fair and recreation boards; increasing the membership of the board in certain counties; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.647 is hereby amended to read as follows:
244.647 1. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county fair and recreation board [shall consist of ten] consists of 11 members selected as follows:
(a) Two members by the board of county commissioners from their own number.
(b) Two members by the governing body of the largest incorporated city in the county from their own number.
(c) One member by the governing body of the second largest incorporated city in the county from their own number.
(d) One member by the governing body of one of the other incorporated cities in the county from their own number.
(e) [Four] Five members to be appointed by the members selected pursuant to paragraphs (a), (b), (c) and (d). Such members shall be selected from a list of three nominees for each position submitted by the chamber of commerce of the largest incorporated city in the county. [Such lists shall be composed of nominees respectively who are actively engaged in:
(1) The resort hotel industry.
(2) The motel industry.
(3) The finance industry.
κ1977 Statutes of Nevada, Page 469 (CHAPTER 267, AB 522)κ
(4) General business or commerce.] The members shall be selected as follows:
(1) Two members who are representatives of the resort hotel business, at least one of whom is engaged in that business in the central business district of the largest city;
(2) One member who is a representative of motel operators;
(3) One member who is a representative of finance business; and
(4) One member who is a representative of other commercial interests.
2. In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph (d) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city shall be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing, until July 1, 1975. Commencing July 1, 1975, the city then entitled to representation on the board is entitled to representation for 2 years, and thereafter each city is entitled to representation for 2 years in its proper turn as determined by the original drawing.
3. Any vacancy occurring on a county fair and recreation board shall be filled by the authority entitled to appoint the member whose position is vacant.
4. [Upon the expiration of the terms of those members appointed pursuant to paragraph (e) of subsection 1, on January 1, 1974, four new members shall be appointed as provided in that paragraph as follows:
(a) Two members shall be appointed for 2-year terms.
(b) Two members shall be appointed for 1-year terms.
Thereafter] After the initial appointments of members appointed pursuant to paragraph (e) of subsection 1, all members shall be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business shall be appointed to fill the unexpired term. Any such member may succeed himself.
5. The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 shall be coterminous with their terms of office. Any such member may succeed himself.
Sec. 2. The chamber of commerce of the largest incorporated city in the county shall prepare and submit a list of three nominees for the additional representative added by this act. The person selected shall serve a term which expires on January 1, 1979.
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κ1977 Statutes of Nevada, Page 470κ
Assembly Bill No. 637Committee on Commerce
CHAPTER 268
AN ACT relating to marriage; reducing number of witnesses required at solemnization; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 122.110 is hereby amended to read as follows:
122.110 1. In the solemnization of marriage, no particular form [shall be] is required except that the parties shall declare, in the presence of the justice, judge, minister, justice of the peace, commissioner of civil marriages or deputy commissioner of civil marriages, and the attending [witnesses,] witness, that they take each other as husband and wife.
2. In every case there shall be at least [two witnesses] one witness present besides the person performing the ceremony.
Sec. 2. NRS 122.120 is hereby amended to read as follows:
122.120 When a marriage [shall have] has been solemnized, the persons solemnizing the [same] marriage shall give to each of the parties, if required, a certificate thereof, specifying [therein] the names and residences of the parties, and of at least [two witnesses] one witness present, and the time and place of the marriage.
Sec. 3. NRS 122.130 is hereby amended to read as follows:
122.130 1. Every person solemnizing a marriage shall make a record [thereof,] of it, and within 30 days after the marriage shall make and deliver to the county recorder of the county where the license was issued a certificate under his hand containing the particulars mentioned in NRS 122.120.
2. The certificate may be in the following form:
|
STATE OF NEVADA
COUNTY OF............................ |
} |
ss. |
This is to certify that the undersigned, a minister of the gospel, (judge, justice of the peace of ........................... County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ........... day of ..............................., A.D. 19........, at ...................................... (address or church) .........................., ............................ (city) ..............................., join in lawful wedlock A.B. and C.D., with their mutual consent, in the presence of E.F. [and G.H., witnesses.] , witness.
.......................................................
Title
3. All certificates shall be recorded by the county recorder in a book to be kept by him for that purpose. For recording the certificates he [shall receive] is entitled to the fees designated in subsection 2 of NRS 122.060. All such fees shall be deposited in the county general fund.
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κ1977 Statutes of Nevada, Page 471κ
Assembly Bill No. 521Assemblymen Mann, Price, May and Demers
CHAPTER 269
AN ACT relating to elections; providing for retention of residence when voter changes precincts after close of registration for certain purposes; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.490 is hereby amended to read as follows:
293.490 Any registered voter removing from one county to another in the state, or from one precinct to another within the same county, after the close of registration for any election shall be deemed to retain his residence in the county or precinct removed from for the purposes of [such] that election.
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Assembly Bill No. 474Assemblymen Bennett, Chaney and Schofield
CHAPTER 270
AN ACT relating to child health; providing criteria for the recovery of the cost of treatment for crippled children; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 442.215 is hereby amended to read as follows:
442.215 1. The state health officer may recover costs of corrective treatment for crippled children from the parents of the child who receives the treatment [.] , pursuant to subsections 2 and 3.
2. The state health officer shall investigate the financial circumstances of [any parent who applies for corrective treatment] a parent of a crippled child for whom an application is made to determine whether part or all of the expenses for treatment should be paid for by such parent.
3. The state health officer may authorize corrective treatment for a crippled child at state expense when it is determined that the [parents of the child are indigent.] parent of the child is unable to pay the cost of this treatment or any part thereof. A determination of ability to pay and eligibility for payment at state expense shall be based on the following factors:
(a) Resources of the parent, including hospital and medical insurance;
(b) Other available sources of payment, including state aid for medically indigent families;
(c) Estimated cost of care;
(d) Length of treatment;
(e) Household size in relation to income; and
(f) Debts and obligations.
κ1977 Statutes of Nevada, Page 472 (CHAPTER 270, AB 474)κ
4. As used in this section, parent means a natural parent or an adoptive parent.
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Assembly Bill No. 460Assemblymen Mann, Barengo, Hayes, Price, Polish, Murphy and Rhoads
CHAPTER 271
AN ACT relating to alcohol and drug abuse; providing that the election of an alcoholic or drug addict charged with a crime to be placed under supervision of a treatment facility in lieu of further criminal proceedings may be made only after a hearing; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 458.310 is hereby amended to read as follows:
458.310 1. If the court has reason to believe that a person charged with a crime is an alcoholic or drug addict, or the person states that he is an alcoholic or drug addict, and the court finds that he is eligible to make the election provided for in NRS 458.300, the court [may] shall hold a hearing to determine whether or not the person should receive treatment under the supervision of a state approved alcohol or drug treatment facility. The district attorney may present the court with any evidence concerning the advisability of permitting the person to make the election.
2. At the hearing the court shall advise him that prosecution of the charge shall be postponed if he elects to submit to treatment and is accepted for treatment by a state-approved alcohol or drug treatment facility. In offering such election, the court shall advise him that:
[1.] (a) If he elects to submit to treatment and is accepted, he may be placed under the supervision of the treatment facility for a period not to exceed 3 years;
[2.] (b) During treatment he may be confined in an institution or, at the discretion of the treatment facility, released for treatment or supervised aftercare in the community;
[3.] (c) If he satisfactorily completes treatment, as determined by the court, the charge or charges shall be dismissed, but if he does not satisfactorily complete such treatment, prosecution may be resumed;
[4.] (d) Such election constitutes a formal waiver of the right to a speedy trial.
Sec. 2. NRS 458.320 is hereby amended to read as follows:
458.320 1. If [a person elects] the court, after a hearing, determines that a person is entitled to accept the treatment offered pursuant to NRS 458.310, the court shall order [the] an approved alcohol or drug treatment facility to conduct an examination of such person to determine whether he is an alcoholic or drug addict and is likely to be rehabilitated through treatment. The [treatment] facility shall report to the court the results of such examination and recommend whether such person should be placed under supervision for treatment.
κ1977 Statutes of Nevada, Page 473 (CHAPTER 271, AB 460)κ
results of such examination and recommend whether such person should be placed under supervision for treatment.
2. If the court, acting on the report or other relevant information, determines that such person is not an alcoholic or drug addict, or that he is not likely to be rehabilitated through treatment, he may be held to answer the charge.
3. If the court determines that such person is an alcoholic or drug addict and is likely to be rehabilitated through treatment, the court may defer trial until such time, if any, as resumption of prosecution is authorized pursuant to NRS 458.330, and place such person under the supervision of an approved alcohol or drug treatment facility for treatment for a maximum of 3 years. The court may require such progress reports on the treatment of [such] the person as it deems necessary.
4. No [individual] person may be placed under the supervision of a [treatment] facility under this section unless the facility accepts him for treatment.
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Assembly Bill No. 455Committee on Commerce
CHAPTER 272
AN ACT relating to food and drink establishments; revising health inspection procedures to allow grace period for correction of conditions before an establishment is downgraded; shortening period for response to request for reinspection; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 446.910 is hereby amended to read as follows:
446.910 1. [Grades] Except as otherwise provided in subsection 3, grades of establishments shall be as follows:
(a) Grade A. An establishment having a demerit score of not more than 10.
(b) Grade B. An establishment having a demerit score of more than 10 but not more than 20.
(c) Grade C. An establishment having a demerit score of more than 20 but not more than 40.
2. A food establishment which has received Grade C may, in accordance with the provisions of subsection 3 of NRS 446.880, be closed.
3. [Notwithstanding the grade criteria established in subsection 1, whenever] Whenever a second consecutive violation of any item of two or four demerit points is discovered, the permit for such establishment may be suspended, or in lieu thereof, the establishment shall be downgraded to the next lower grade.
4. Immediately following each inspection, the health authority shall post the appropriate grade based upon the inspection findings, unless the findings would require a downgrading, and shall issue an appropriate notice in accordance with the provisions of NRS 446.895.
κ1977 Statutes of Nevada, Page 474 (CHAPTER 272, AB 455)κ
notice in accordance with the provisions of NRS 446.895. In any case where a downgrading would be required, the health authority shall allow 2 days during which conditions in the establishment may be corrected, and shall post the appropriate grade based on conditions after the 2-day period.
Sec. 2. NRS 446.915 is hereby amended to read as follows:
446.915 The permitholder or operator of any establishment, the grade of which has been lowered, may at any time request an inspection for the purpose of regrading the establishment. Within [10 days] 48 hours following receipt of a request including a signed statement that the conditions responsible for the lowering of the grade have, in the applicants opinion, been corrected, the health authority shall make an inspection and thereafter as many additional inspections as he may deem necessary to assure himself that the applicant is complying with the higher grade requirements, and if the findings indicate compliance, shall award the higher grade.
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Assembly Bill No. 400Assemblymen Horn, Hayes, Dreyer, Vergiels, Sena and Robinson
CHAPTER 273
AN ACT relating to public schools; requiring periodic examinations of pupils to determine their proficiency in specified subjects; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 389 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of trustees of each school district shall administer examinations in all public schools within its district to determine the proficiency of pupils in:
(a) Reading;
(b) Writing; and
(c) Mathematics.
The examinations shall be administered before the completion of grades 3, 6, 9 and 12.
2. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.
3. If a pupil fails to pass the proficiency examination administered before the completion of grade 3, 6 or 9, he may be promoted to the next higher grade, but the results of his examination shall be evaluated to determine what remedial study is appropriate. If a pupil fails to pass the high school proficiency examination administered before the completion of grade 12, he shall not be graduated until he is able, through remedial study, to pass that examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
κ1977 Statutes of Nevada, Page 475 (CHAPTER 273, AB 400)κ
4. The state board of education shall prescribe standard proficiency examinations to be administered pursuant to subsection 1.
Sec. 2. The provisions of section 1 of this act do not apply to any pupil who has been promoted to grade 9 or a higher grade before the effective date of this act.
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Assembly Bill No. 579Committee on Government Affairs
CHAPTER 274
AN ACT relating to county finances; providing criteria for property tax refunds from county treasuries; providing for the recapture of refunded amounts as to taxes already distributed; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.240 is hereby amended to read as follows:
354.240 [Whenever it shall appear to] 1. If a board of county commissioners determines by competent evidence that money has been paid into the county treasury of the county under any of the circumstances mentioned in NRS 354.220, the board of county commissioners, by its unanimous resolution, may direct the county treasurer to refund to the applicant the amount of money so paid into the county treasury in excess of the amount legally payable.
2. In the case of a claim for a property tax refund, if the board has unanimously found that the applicant is entitled to a refund, it shall direct the county treasurer to refund to the applicant the amount so claimed if the property tax roll is still open. The county may withhold amounts so refunded from its subsequent apportionments of property tax revenues to the other taxing units in the county which levied a tax represented in the combined tax rate.
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Assembly Bill No. 530Assemblymen Barengo, Bremner, Hayes and Wagner
CHAPTER 275
AN ACT relating to gaming crimes; enlarging the definition of slot machine cheating; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 465.080 is hereby amended to read as follows:
465.080 1. It is unlawful for any person playing any licensed gambling game:
κ1977 Statutes of Nevada, Page 476 (CHAPTER 275, AB 530)κ
(a) To use bogus or counterfeit chips, or to substitute and use in any such game cards or dice that have been marked, loaded or tampered with; [or]
(b) To employ or have on his person any cheating device to facilitate cheating in such games [.] ; or
(c) To use any fraudulent scheme or technique, including but not limited to purposefully breaking or damaging any part of any slot machine or otherwise causing the machine to malfunction, to facilitate the alignment of any winning combination or the removal of money from the machine.
2. It is unlawful for any person, in playing or using any slot machine designed to receive or be operated by lawful coin of the United States of America:
(a) Knowingly to use other than lawful coin, legal tender of the United States of America, or coin not of the same denomination as the coin intended to be used in such slot machine, except that in the playing of any slot machine, it is lawful for any such person to use tokens or similar objects therein which are approved by the state gaming control board; or
(b) To use any cheating or thieving device, including but not limited to tools, drills, wires, coins attached to strings or wires or electronic or magnetic devices, to unlawfully facilitate aligning any winning combination or removing from any slot machine any money or other contents thereof.
3. It is unlawful for any person, not a duly authorized employee [,] of a licensed gaming establishment acting in furtherance of his employment within such establishment, to have on his person or in his possession while on the premises of [a licensed gaming] such establishment any cheating or thieving device, including, but not limited to, tools, wires, drills, coins attached to strings or wires, electronic or magnetic devices to facilitate removing from any slot machine any money or other contents thereof.
4. It is unlawful for any person, not a duly authorized employee of a licensed gaming establishment acting in furtherance of his employment [,] within such establishment, to have on his person or in his possession while on the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening or entering any slot machine or drop box.
5. Any violator of the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years or by a fine of not more than $5,000, or by both fine and imprisonment.
6. As used in this section, the term slot machine [shall have] has the meaning ascribed to it in NRS 463.0127.
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κ1977 Statutes of Nevada, Page 477κ
Assembly Bill No. 529Assemblymen Barengo, Bremner, Hayes and Wagner
CHAPTER 276
AN ACT relating to gaming crimes; broadening the definition of swindling; and providing other matters properly relating thereto.
[Approved April 27, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 465.070 is hereby amended to read as follows:
465.070 1. Every person in a licensed gaming establishment who, by color, or aid of any trick or sleight-of-hand performance, or by any fraud or fraudulent scheme, cards, dice or device, [shall] wins or attempts to win for himself or for another, or unlawfully delivers or attempts to deliver to another any money or property, or representative of either, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Every person who [shall entice or induce] entices or induces another, upon any pretense, to go to any place where any gambling game, scheme or device, or any trick, sleight-of-hand performance, fraud or fraudulent scheme, cards, dice or device is being conducted or operated; or while in such place [shall entice or induce] entices or induces another to bet, wager or hazard any money or property, or representative of either, upon any such game, scheme, device, trick, sleight-of-hand performance, fraud or fraudulent scheme, cards, dice or device, or to execute any obligation for the payment of money, or delivery of property, or to lose, advance, or loan any money or property, or representative of either, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
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Assembly Bill No. 553Committee on Health and Welfare
CHAPTER 277
AN ACT relating to retarded persons; providing for admission of retarded persons to facilities operated by the mental hygiene and mental retardation division of the department of human resources; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 435.081 is hereby amended to read as follows:
435.081 1. The administrator or his designee may receive [and care for] mentally retarded persons of the State of Nevada for services in a facility operated by the division when:
κ1977 Statutes of Nevada, Page 478 (CHAPTER 277, AB 553)κ
[(a) A person is judicially committed to the care of the administrator; or
(b) Voluntary admission of a person is requested by his parent, parents or guardian upon application to the administrator,
and space]
(a) The person is mentally retarded as defined in NRS 433.174; and
(b) Space is available in a facility operated by the division which is designed and equipped to provide appropriate care, treatment and training for mentally retarded persons.
2. A child may be voluntarily admitted upon application of one or both parents or a guardian. An adult who has been adjudged incompetent may be admitted upon application of a court-appointed guardian. A legally competent adult may be admitted upon his own application.
3. A court may order an involuntary admission for services of any person who had demonstrated behavior which indicates a clear and present danger to himself or others, or which indicates that he is so gravely disabled by mental retardation that he is unable to maintain himself in a normal life situation. The administrator shall be notified in writing at least 7 days before any hearing at which the involuntary commitment of a mentally retarded person is sought.
4. A [minor child over 2 years of age] child may be received, cared for and examined at a division mental retardation facility for a period of not more than 90 days without commitment, if [such] the examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS 62.200, in which event the administrator or his designee shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 15 days after the administrators report.
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Assembly Bill No. 618Committee on Legislative Functions
CHAPTER 278
AN ACT relating to social security; providing for participation by certain public employees who are ineligible for public employees retirement; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 287.050 is hereby amended to read as follows:
287.050 In order to extend to employees of the state and its political subdivisions, and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the legislature, subject to the limitations of NRS 287.050 to 287.240, inclusive, that such steps be taken as to provide such protection to employees of the state and its political subdivisions who [are in positions which] are not eligible to participate in the public employees retirement system (chapter 286 of NRS) on as broad a basis as is permitted under the Social Security Act.
κ1977 Statutes of Nevada, Page 479 (CHAPTER 278, AB 618)κ
protection to employees of the state and its political subdivisions who [are in positions which] are not eligible to participate in the public employees retirement system (chapter 286 of NRS) on as broad a basis as is permitted under the Social Security Act.
Sec. 2. NRS 287.150 is hereby amended to read as follows:
287.150 The state agency is hereby authorized on behalf of the state to maintain in full force and effect the agreement and modifications thereof entered into between the state and the Federal Security Administrator on and after November 24, 1953, and with the approval of the governor to enter into modification thereof (hereafter included in the term agreement) with the Secretary, consistent with the terms and provisions of NRS 287.050 to 287.240, inclusive, for the purpose of extending the benefits of the federal old-age and survivors insurance system to employees of the state or any political subdivision thereof with respect to services specified in [such] the agreement which constitute employment (as defined in NRS 287.080). [Such] The agreement may contain [such] provisions relating to coverage, benefits, contributions, effective date, modification and termination of the agreement, administration and other appropriate provisions [as] which the state agency and the Secretary [shall] agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, [such] the agreement shall provide in effect that:
1. Benefits will be provided for employees whose services are covered by the agreement (and their dependents and survivors) on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act.
2. The state will pay to the Secretary of the Treasury, at [such] the time or times [as may be] prescribed under the Social Security Act, contributions with respect to wages (as defined in NRS 287.140), equal to the sum of the taxes which would be imposed by the Federal Insurance Contributions Act if the services covered by the agreement constituted employment within the meaning of that act.
3. [Such] The agreement shall be effective with respect to services in employment covered by the agreement performed after a date specified therein but in no event may it be effective with respect to any [such] services performed [prior to the 1st day of the calendar year] earlier than the last day of the sixth calendar year preceding the year in which [such] the agreement is entered into or in which the modification of the agreement making it applicable to such services is entered into, except that:
(a) A modification entered into after December 31, 1954, and prior to January 1, 1958, may be effective with respect to services performed after December 31, 1954, or after a later date specified in [such] the modification; and
(b) Where the state or a political subdivision of the state has attempted to secure the extension of the benefits provided by Title II of the Social Security Act to its employees, or to any of its employees constituting a coverage group as that term is defined in Section 218 of the Social Security Act, but through error has pursued improper procedures, or where any modification to the agreement heretofore or hereafter executed contains an error, a modification may be executed effective with respect to services performed by [such] those employees of the state or of the political subdivision, as the case may be, as of that date as of which a modification could have been effective if proper procedures had been pursued or if no error had occurred in the modification by which [such] benefits were sought to be secured.
κ1977 Statutes of Nevada, Page 480 (CHAPTER 278, AB 618)κ
contains an error, a modification may be executed effective with respect to services performed by [such] those employees of the state or of the political subdivision, as the case may be, as of that date as of which a modification could have been effective if proper procedures had been pursued or if no error had occurred in the modification by which [such] benefits were sought to be secured.
4. All services which constitute employment (as defined in NRS 287.080) and are performed in the employ of the state by employees of the state may be covered by the agreement.
5. All services which:
(a) Constitute employment (as defined in NRS 287.080);
(b) Are performed in the employ of a political subdivision of the state; and
(c) Are covered by a plan which is in conformity with the terms of the agreement and has been approved by the state agency under NRS 287.180,
shall be covered by the agreement.
Sec. 3. NRS 287.190 is hereby amended to read as follows:
287.190 1. Except as provided in subsection 2, service of employees of the State of Nevada or of any political subdivision thereof [in positions which] who are eligible to participate in the retirement system established pursuant to chapter 286 of NRS [, as the same has been or hereafter may be amended,] is specifically excluded from NRS 287.050 to 287.240, inclusive.
2. Any certified public school teacher receiving a service retirement allowance under the provisions of chapter 286 of NRS may, upon subsequent employment in the position of substitute teacher in any school district in the state, file a written request with the school district for coverage under the Social Security Act, pursuant to the provisions of NRS 287.050 to 287.240, inclusive.
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Assembly Bill No. 625Assemblyman Glover
CHAPTER 279
AN ACT relating to county hospitals; allowing board of hospital trustees to charge interest on certain delinquent accounts; and providing other matters properly relating thereto.
[Approved April 28, 1977]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 450.420 is hereby amended to read as follows:
450.420 1. The board of county commissioners of the county in which a public hospital is located shall have power to determine whether or not patients presented to the public hospital for treatment are subjects of charity. The board of county commissioners shall establish by ordinance criteria and procedures to be used in the determination of patient eligibility for medical care as medical indigents or subjects of charity.