[Rev. 2/28/2019 12:30:26 PM]
κ1979 Statutes of Nevada, Page 201 (CHAPTER 137, AB 354)κ
cabooses, locomotives, motors or diesel engines, as set forth in subsection 1, with] an emergency first aid kit whose contents [shall be] must be those prescribed by the public service commission of Nevada. Each passenger train and each caboose [shall] must be equipped with at least one stretcher. All of the contents of the emergency first aid kits, except the stretchers, [shall] must be stored on each passenger train, caboose, locomotive, motor or diesel engine, in a clean, sanitary and sterile container and in an accessible place at all times, which places, including the storage places of stretchers, [shall] must be plainly designated.
[3.] 2. The employee of any [such] railroad company [,] or corporation or [the receiver or receivers thereof,] its receiver, having charge of any passenger train, caboose, locomotive, motor or diesel engine, shall as soon as possible report in writing to the office or officer designated by [such] the company, corporation or receiver for [such] the purpose, whenever any of the emergency first aid kit has been used or has been found missing. [in order to facilitate the replacement thereof.] The emergency first aid kit [shall] must only be used to render first medical or surgical aid to injured passengers, employees or other injured persons requiring [such aid at the first possible moment.] first aid.
[4.] 3. Any railroad company [,] or corporation or [the receiver or receivers thereof, refusing, neglecting or failing] its receiver, which refuses, neglects or fails to comply with the provisions of this section [shall be] is liable for a penalty to the State of Nevada of $25 for each failure to equip a passenger train, caboose, locomotive or motor or diesel engine with the emergency first aid kit specified in subsection 1. [The penalty shall be collected in a civil action therefor upon direction of the attorney general by the district attorney of any county in the state through which the railroad company, corporation or receiver operates its railroad.
5.] 4. Any person [or any employee of any railroad company, corporation or the receiver or receivers thereof, who shall remove, carry] who removes, carries away from its proper place or [use] uses any emergency first aid kit provided in this section, except for the purpose of administering first aid in the event of injury to any passenger, employee or other person [in any accident whereby the kit may be made available at once, shall] is guilty of a misdemeanor and may be punished by a fine of not more than $500.
Sec. 4. NRS 705.420 is hereby amended to read as follows:
705.420 [1.] Any railroad company or receiver of any railroad company, and any person, firm, company or corporation engaged in the business of common carrier doing business in the State of Nevada, [who or which shall violate] which violates any of the provisions of NRS 705.390 to 705.410, inclusive, [shall be] is liable to the State of Nevada for a penalty of $500 for each offense.
[2. Suit shall be brought to recover the penalty in a court of competent jurisdiction, in the name of the State of Nevada, by the attorney general, or under his direction, by the district attorney of any county through which the railroad is operated.]
Sec. 5. NRS 706.566 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 202 (CHAPTER 137, AB 354)κ
706.566 [1.] The department may, in its discretion, where a fee or other amount provided for in NRS 706.011 to 706.861, inclusive, remains unpaid for more than 15 days and the person [or persons liable therefor neglect or refuse to pay the same] liable for it neglects or refuses to pay it for any reason, direct that a civil action be commenced by the attorney general in a court of competent jurisdiction in the proper county for the recovery of [such] the fee or other amount.
[2. The district attorney of such county, upon request of the department, shall commence such action in the name of the state.
3. All laws and rules of court relating to civil actions in this state shall be applicable thereto.]
Sec. 6. NRS 708.140 is hereby amended to read as follows:
708.140 1. Any common carrier as defined in NRS 708.020 which [shall violate] violates any provision of this chapter or [shall fail] fails to perform any duty imposed by this chapter or any valid order of the commission, when not stayed or suspended by an order of a court, [shall be] is subject to a penalty of not more than $1,000 for each offense. [The penalty shall be recoverable by a suit of the attorney general in the name of the state and for its use.
2. For the willful violation] 2. Any officer of a common carrier or common purchaser who willfully violates any of the provisions of this chapter forbidding discrimination on the part of common carriers [, it is hereby provided that the officers of such a common carrier and common purchaser violating this chapter shall be] is guilty of a gross misdemeanor. Each violation of the provisions of this chapter shall be deemed a separate offense.
Sec. 7. NRS 704.647 is hereby repealed.
________
Assembly Bill No. 355Committee on Government Affairs
CHAPTER 138
AN ACT relating to the regulation of public utilities; permitting each board of county commissioners to regulate certain suppliers of sewer services; and providing other matters properly relating thereto.
[Approved April 5, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 704.681 is hereby amended to read as follows:
704.681 The board of county commissioners of any county may regulate by ordinance any person [or firm] furnishing water or sewer service, or water and sewer services, for compensation to persons within [such] that county except those persons [or firms] regulated by the commission, the service furnished to its residents by a political subdivision, and services furnished to its members by a nonprofit association in which the rights and interests of all its members are equal.
________
κ1979 Statutes of Nevada, Page 203κ
Assembly Bill No. 79Assemblymen Hayes, Glover, Jeffrey, Barengo and Horn
CHAPTER 139
AN ACT relating to transportation; permitting a public utility or common carrier to give free or reduced rates of transportation to elderly or handicapped persons; and providing other matters properly relating thereto.
[Approved April 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 704.140 is hereby amended to read as follows:
704.140. 1. It [shall be] is unlawful for any person engaged in business as a public utility to give or furnish to any state, district, county or municipal officer of this state, or to any person other than those named herein, any pass, frank, free or reduced transportation, or for any state, district, county or municipal officer to accept any pass, frank, free or reduced transportation.
2. This section does not prevent the carriage, storage or hauling of property free or at reduced rates for the United States, the State of Nevada, or any political subdivision thereof, for charitable purposes.
3. This chapter does not prohibit a public utility from giving free or reduced rates for transportation of:
(a) Its own officers, commission agents, employees, attorneys, physicians and surgeons and members of their families, and pensioned and disabled ex-employees, their minor children or dependents, or witnesses attending any legal investigation in which such carrier is interested.
(b) Inmates of hospitals or charitable institutions [.] and persons over 65 years of age.
(c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.
(d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
[d] (e) Persons providing relief in cases of common disaster, or for contractors and their employees, in carrying out their contract with such carrier.
[e] (f) Peace officers when on official duty.
[f] (g) Attendants of livestock or other property requiring the care of an attendant, including return passage to the place of shipment, if there is no discrimination [between] among such shippers [.] of a similar class.
[g] (h) Employees of other carriers subject to regulation in any respect by the commission, or for the officers, agents, employees, attorneys, physicians and surgeons of such other carriers, and the members of their families.
4. This chapter does not prohibit public utilities from giving reduced rates for transportation to:
(a) Indigent, destitute or homeless persons, when under the care or responsibility of charitable societies, institutions or hospitals, and the necessary agents employed in such transportation.
(b) Students of institutions of learning.
κ1979 Statutes of Nevada, Page 204 (CHAPTER 139, AB 79)κ
5. Employees, as used in this section, includes furloughed, pensioned and superannuated employees, and persons who have become disabled or infirm in the service of any such carrier, and persons traveling for the purpose of entering the service of any such carrier.
6. Any person violating the provisions of this section shall be punished by a fine of not more than $500.
Sec. 2. NRS 704.143 is hereby amended to read as follows:
704.143 1. All [visually or] physically or mentally handicapped persons are entitled to the full and equal enjoyment of the facilities of any common carrier or other means of public conveyance and transportation operating within this state.
2. It is unlawful for any person, firm, partnership or corporation to deny any of the privileges granted by subsection 1.
3. It is unlawful for any common carrier or other means of public conveyance or transportation operating within this state, to deny the equal enjoyment of its services and facilities to a physically [or visually] handicapped person by the arbitrary, capricious or unreasonable interference, direct or indirect, with the use of aids and appliances used by such physically [or visually] handicapped person for purposes of mobility.
Sec. 3. NRS 706.351 is hereby amended to read as follows:
706.351 1. It is unlawful for:
(a) A common or contract motor carrier to furnish any pass, frank, free or reduced transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.
(b) Any person other than those specifically enumerated in this section to receive any such pass, frank, free or reduced transportation.
2. This section does not prevent the carriage, storage or hauling free or at reduced rates of property for charitable purposes for the United States, the State of Nevada or any political subdivision thereof.
3. This chapter does not prohibit any common carrier from giving free or reduced rates for transportation of persons to:
(a) Its own officers, commission agents, employees, members of any profession licensed under Title 54 of NRS retained by it, and members of their families.
(b) Inmates of hospitals or charitable institutions and persons over 65 years of age.
(c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.
(d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
[d] (e) Persons providing relief in cases of common disaster.
[e] (f) Contractors and their employees, in carrying out the provisions of any contract to which the carrier is a party.
[f] (g) Attendants of livestock or other property requiring the care of an attendant, who shall be given return passage to the place of shipment, provided there is no discrimination among shippers of a similar class.
[g] (h) Officers, agents, employees, members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, provided there is an interchange of such free or reduced rate transportation.
κ1979 Statutes of Nevada, Page 205 (CHAPTER 139, AB 79)κ
licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, provided there is an interchange of such free or reduced rate transportation.
[(h)] (i) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.
[(i)] (j) Students of institutions of learning.
4. This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:
(a) Their officers, commission agents, employees, members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.
(b) Witnesses attending any legal investigations in which such carriers are interested.
(c) Persons providing relief in cases of common disaster.
(d) Contractors and their employees in carrying out the provisions of any contract to which the carrier is a party.
5. This section does not prohibit the commission from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the commission to be in the public interest.
6. Employees, as used in this section, includes:
(a) Furloughed, pensioned and superannuated employees.
(b) Persons who have become disabled or infirm in the service of such carriers.
(c) Persons who are traveling for the purpose of entering the service of any such carrier.
Sec. 4. NRS 706.361 is hereby amended to read as follows:
706.361 1. All [visually or] physically or mentally handicapped persons are entitled to the full and equal enjoyment of the facilities of any common motor carrier of passengers or other means of public conveyance and transportation operating within this state.
2. It is unlawful for any person to deny any of the privileges granted by subsection 1.
3. It is unlawful for any common carrier or other means of public conveyance or transportation operating within this state, to deny the equal enjoyment of its services and facilities to a physically [or visually] handicapped person by the arbitrary, capricious or unreasonable interference, direct or indirect, with the use of aids and appliances used by such physically [or visually] handicapped person for purposes of mobility.
Sec. 5. If the public service commission of Nevada receives one or more applications for permission to give free or reduced rates to handicapped persons pursuant to paragraph (c) of subsection 3 of section 1 of this act or paragraph (c) of subsection 3 of section 3 of this act, it must adopt regulations to govern the granting of such rates.
________
κ1979 Statutes of Nevada, Page 206κ
Assembly Bill No. 264Assemblymen Hayes, Getto, Horn and Stewart
CHAPTER 140
AN ACT relating to convicted vagrants; removing distinctions based on sex from NRS 207.040, authorizing labor on public properties; and providing other matters properly relating thereto.
[Approved April 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 207.040 is hereby amended to read as follows:
207.040 All [male] persons having the physical ability to work, convicted of vagrancy and imprisoned [on judgment] therefor, may be required to perform labor on the public works, buildings, grounds or ways in the county, and the sheriff or other person [or persons] having them in charge while performing such labor may [, in his discretion,] employ any usual, reasonable, humane and sufficient means to guard against and prevent any such prisoner escaping from custody while being so employed.
________
Assembly Bill No. 308Committee on Government Affairs
CHAPTER 141
AN ACT relating to roadside parks and safety rest areas; authorizing the regulation thereof; prohibiting commercial activity therein; providing penalties; and providing other matters properly relating thereto.
[Approved April 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 408.275 is hereby amended to read as follows:
408.275 1. The department shall prepare highway planning surveys, maps and traffic studies for the purposes of securing, preserving and furnishing all necessary information relative to all highways of the state.
2. The department is authorized to construct and maintain roadside parks for the convenience of the traveling public and such roadside parks may be constructed at such locations as may be selected by the engineer.
3. In order to provide information for the traveling public, the engineer may maintain maps, informational directories and advertising pamphlets at safety rest areas. The engineer may, with the concurrence of the board, contract with persons experienced in financing and operating information centers for the dissemination of maps, directories, advertising pamphlets and other information of interest to the traveling public by leasing to such persons available land at safety rest areas for such periods of time and for such considerations as are determined by the engineer to be in the best interests of the State of Nevada.
4. The department is authorized to receive any federal funds available for the purposes of this section as may be authorized under the federal acts described in NRS 408.245.
κ1979 Statutes of Nevada, Page 207 (CHAPTER 141, AB 308)κ
5. The department shall adopt appropriate regulations governing the use of roadside parks and safety rest areas in the state.
Sec. 2. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any person, firm, corporation, association or other entity, other than a public utility, to:
(a) Sell, exhibit or offer for sale any goods, wares, products, merchandise or services; or
(b) Erect, place, post or maintain any sign, billboard, placard, notice or other form of advertising,
in any roadside park or safety rest area in this state, or in the approaches thereto.
2. Any person who violates any provision of this section or any regulation adopted under this chapter governing roadside parks or safety rest areas shall be punished by a fine of not more than $100 for a first offense and not more than $500 for each subsequent offense.
Sec. 3. NRS 481.180 is hereby amended to read as follows:
481.180 The duties of the personnel of the Nevada highway patrol are:
1. To police the public highways of this state, and to enforce and to aid in enforcing thereon all traffic laws of the State of Nevada. They have the powers of peace officers:
(a) When enforcing traffic laws; and
(b) With respect to all other laws of this state when:
(1) In the apprehension or pursuit of an offender or suspected offender;
(2) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this state; or
(3) Making arrests pursuant to a warrant in the officers possession or communicated to him.
2. To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence of the purpose of prosecuting the person or persons guilty of any violation of the law contributing to the happening of such accident.
3. To act as field agents and inspectors in the enforcement of the motor vehicle registration law (chapter 482 of NRS).
4. To act as field agents, inspectors and instructors in carrying out the provisions of the operators licensing law (chapter 483 of NRS).
5. To act as field agents and inspectors of the department of motor vehicles in the enforcement of the motor vehicle carrier law (chapter 706 of NRS).
6. To act as field agents and inspectors of the department of taxation in the enforcement of the laws of this state relating to the imposition and collection of taxes on gasoline used in and for motor vehicles on the public highways of this state (chapter 365 of NRS).
7. To act as field agents and inspectors of the department of motor vehicles in the enforcement of chapter 366 of NRS relating to the imposition and collection of taxes on special fuels used in and for motor vehicles on the public highways of this state.
8. To act as field agents and inspectors in the enforcement of the laws relating to motor vehicle safety responsibility, motorcycles and garages, repair shops and parking area keepers (chapters 485, 486 and 487 of NRS).
κ1979 Statutes of Nevada, Page 208 (CHAPTER 141, AB 308)κ
laws relating to motor vehicle safety responsibility, motorcycles and garages, repair shops and parking area keepers (chapters 485, 486 and 487 of NRS).
9. To enforce the laws and regulations governing roadside parks and safety rest areas in this state (chapter 408 of NRS).
10. To perform such other duties in connection with each and all of the above-specified duties, and consistent therewith, as may be imposed by the director of the department of motor vehicles.
________
Assembly Bill No. 405Committee on Taxation
CHAPTER 142
AN ACT relating to taxation of open-space real property; specifying the division of historic preservation and archeology of the state department of conservation and natural resources as the agency which may designate sites as historic for tax purposes; and providing other matters properly relating thereto.
[Approved April 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361A.050 is hereby amended to read as follows:
361A.050 Open-space use means the current employment of land, the preservation of which use would conserve and enhance natural or scenic resources, protect streams and water supplies or preserve sites designated as historic [pursuant to law.] by the division of historic preservation and archeology of the state department of conservation and natural resources.
________
Assembly Bill No. 498Committee on Ways and Means
CHAPTER 143
AN ACT relating to programs for public employees; increasing the amount which public agencies may pay for group insurance for employees; and providing other matters properly relating thereto.
[Approved April 9, 1979]
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] that group insurance, not to exceed [the amount specified by law,] $43.09, 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] that part is paid from [funds] money appropriated to or authorized for [such] that department, agency, commission or public agency for [such] that purpose.
κ1979 Statutes of Nevada, Page 209 (CHAPTER 143, AB 498)κ
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] that part is paid from [funds] money appropriated to or authorized for [such] that department, agency, commission or public agency for [such] that purpose. State participation in the cost of monthly premiums [shall] must not exceed the amounts specified [by law.] in this subsection.
2. A department, agency, commission or public agency shall not pay any part of [such] those premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.
Sec. 2. Section 2 of chapter 255, Statutes of Nevada 1977, at page 454, is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval or on April 1, 1979, whichever is later.
________
Senate Bill No. 80Committee on Human Resources and Facilities
CHAPTER 144
AN ACT relating to health and care facilities; providing for the deposit of certain licensing fees into the state general fund; and providing other matters properly relating thereto.
[Approved April 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 449.140 is hereby amended to read as follows:
449.140 1. [Funds] Money received from [the licensure of] licensing health and care facilities shall be [deposited in the health and care facility licensing administration fund and thereby merged with appropriated funds, and shall be disbursed on claims signed by the health division and paid, as other claims against the state are paid, out of the health and care facility licensing administration fund in the state treasury.] forwarded to the state treasurer for deposit in the state general fund.
2. The health division shall enforce the provisions of NRS 449.001 to 449.245, inclusive, and may incur any necessary expenses not in excess of [the revenue from fees from licensure and appropriated and authorized] state and federal [funds.] money appropriated for that purpose.
________
κ1979 Statutes of Nevada, Page 210κ
Senate Bill No. 138Committee on Human Resources and Facilities
CHAPTER 145
AN ACT relating to vocational rehabilitation; increasing the amount in the vocational rehabilitation revolving fund; and providing other matters properly relating thereto.
[Approved April 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 615.255 is hereby amended to read as follows:
615.255 1. There is hereby created the vocational rehabilitation revolving fund in the amount of [$10,000] $50,000 to be used for the payment of claims of [clients] applicants for or recipients of services from the bureau and vendors providing services to [clients] those applicants or recipients under procedures established by the bureau.
2. Upon written request from the chief, the state controller [is authorized and directed to] shall draw his warrant from [funds] money already appropriated in favor of the chief in the sum of [$5,000, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury.] $40,000. When the warrant is paid, the chief shall deposit the [$5,000] $40,000 in a bank [of reputable standing.] qualified to receive deposits of public money as provided by law. The bank [shall] must secure the deposit with a depository bond satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation.
3. After expenditure of money from the revolving fund, the chief shall present a claim to the state board of examiners. [to be passed upon as other claims against the state.] When approved by the state board of examiners, the state controller shall draw his warrant in the amount of [such] the claim in favor of the vocational rehabilitation revolving fund, to be paid to the order of the chief, and the state treasurer shall pay [the same.] it.
4. [Moneys] Money in the vocational rehabilitation revolving fund [shall] does not revert to the state general fund at the end of the fiscal year, but [shall continue] remains in the revolving fund. [from year to year.]
5. Purchases paid for from the vocational rehabilitation revolving fund for the purposes authorized by subsection 1 [shall] may be exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative.
Sec. 2. There is hereby appropriated from the state general fund to the vocational rehabilitation revolving fund the sum of $40,000.
Sec. 3. The state treasurer upon being presented with the warrant for $40,000 drawn pursuant to subsection 2 of NRS 615.255 shall pay that amount from the state general fund.
________
κ1979 Statutes of Nevada, Page 211κ
Senate Bill No. 139Committee on Human Resources and Facilities
CHAPTER 146
AN ACT relating to the bureau of services to the blind; increasing the amount in the services to the blind revolving fund; making an appropriation; and providing other matters properly relating thereto.
[Approved April 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 426.565 is hereby amended to read as follows:
426.565 1. There is hereby created the services to the blind revolving fund, in the amount of [$10,000, which shall] $25,000, which must be used by the chief for the purposes of:
(a) Providing inventories of tools, aids, appliances, supplies and other accessories used by the blind; and
(b) Payment of the claims of [clients] applicants for or recipients of services of the bureau and vendors providing services to [clients,] those applicants or recipients, including but not limited to maintenance [,] and transportation. [and other rehabilitation services.]
The chief shall sell such tools, aids, appliances, supplies and other accessories used by the blind at cost or cost-plus-administration cost and receipts [shall] must be deposited forthwith in the services to the blind revolving fund.
2. The chief shall deposit the money in the services to the blind revolving fund in a bank qualified to receive deposits of public [funds under the provisions of chapter 356 of NRS.] money. The deposit [shall] must be secured by a depository bond satisfactory to the state board of examiners, unless otherwise secured by the Federal Deposit Insurance Corporation.
3. Purchases made for the purpose of providing and maintaining the inventories authorized by subsection 1 [shall be] are exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative.
4. The bureau shall:
(a) Maintain current inventory records of all merchandise charged to the services to the blind revolving fund;
(b) Conduct a periodic physical count of all [such] the merchandise; and
(c) Reconcile the results of the periodic physical count with the inventory records and cash balance in the fund.
5. After expenditure of money for payment of the claims of [clients] applicants for or recipients of services from the bureau and vendors providing services to [clients,] those applicants or recipients, including but not limited to maintenance [,] and transportation, [and other rehabilitation services,] from the services to the blind revolving fund, the chief shall present a claim to the state board of examiners. [to be passed upon as other claims against the state.] When approved by the state board of examiners, the state controller shall draw his warrant in the amount of [such] the claim in favor of the services to the blind revolving fund and the state treasurer shall pay [the same.
κ1979 Statutes of Nevada, Page 212 (CHAPTER 146, SB 139)κ
[such] the claim in favor of the services to the blind revolving fund and the state treasurer shall pay [the same. Such receipts shall] it. The receipt must be deposited forthwith in the services to the blind revolving fund.
Sec. 2. There is hereby appropriated from the state general fund to the services to the blind revolving fund the sum of $15,000.
________
Senate Bill No. 187Senator Jacobsen
CHAPTER 147
AN ACT relating to chiropractic; authorizing certain officers of the Nevada state board of chiropractic examiners to issue subpenas duces tecum; and providing other matters properly relating thereto.
[Approved April 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 634.180 is hereby amended to read as follows:
634.180 1. The board shall give the person charged [shall be given] a full and fair hearing [by the board,] with the right to be heard and appear in person and by counsel and to present witnesses.
2. The president or secretary of the board [shall have power:
(a) To issue] may:
(a) Issue subpenas for the attendance of witnesses [.] and the production of documents or other tangible evidence.
(b) [To administer] Administer oaths to all witnesses at such hearings.
________
Senate Bill No. 78Committee on Human Resources and Facilities
CHAPTER 148
AN ACT relating to health and care facilities; broadening the definition of group care facility; and providing other matters properly relating thereto.
[Approved April 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 449.005 is hereby amended to read as follows:
449.005 Group care facility means an establishment operated and maintained for the purpose of furnishing food, shelter and [laundry and providing] personal care or services other than nursing care to:
1. Four or more ambulatory aged, infirm, mentally retarded or handicapped [individuals] persons unrelated to the person operating the facility; or
κ1979 Statutes of Nevada, Page 213 (CHAPTER 148, SB 78)κ
2. Four or more females during pregnancy or after delivery, who are unrelated to the person operating the facility.
________
Assembly Bill No. 258Committee on Judiciary
CHAPTER 149
AN ACT relating to the examination of prospective jurors in criminal cases; altering the conduct thereof; and providing other matters properly relating thereto.
[Approved April 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 175.031 is hereby amended to read as follows:
175.031 The court shall conduct the initial examination of prospective jurors, [except it shall permit] and the defendant or his attorney and the district attorney [to] are entitled to supplement the examination by such further inquiry as [it] the court deems proper. [or shall itself submit to the prospective jurors such additional questions by the parties or their attorneys as it deems proper.] Any supplemental examination must not be unreasonably restricted.
________
Assembly Bill No. 316Committee on Judiciary
CHAPTER 150
AN ACT relating to crimes against the person; redefining the types of battery which may be charged as misdemeanors; providing penalties; and providing other matters properly relating thereto.
[Approved April 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A peace officer as defined in NRS 169.125;
(2) A person employed in a full-time salaried occupation of firefighting for the benefit or safety of the public; or
(3) A member of a volunteer fire department.
2. Any person convicted of a battery, other than a battery committed by an adult upon a child [,] which constitutes child abuse, shall be punished:
κ1979 Statutes of Nevada, Page 214 (CHAPTER 150, AB 316)κ
by an adult upon a child [,] which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no [physical injury] substantial bodily harm to the victim results, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim does result, for a gross misdemeanor.
(c) If the battery is committed upon an officer and:
(1) The officer was performing his duty;
(2) The officer suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer, [for a felony.] by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years.
________
Assembly Bill No. 468Assemblymen Coulter, Sena, Banner, Bedrosian, Tanner, Getto, Mann and Wagner
CHAPTER 151
AN ACT relating to vehicle licensing and registration; authorizing personalized plates for motorcycles; and providing other matters properly relating thereto.
[Approved April 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.3667 is hereby amended to read as follows:
482.3667 1. The department shall establish, design and otherwise prepare for issue personalized prestige license plates and shall establish all necessary procedures not inconsistent with this section for the application and issuance of such license plates.
2. The department shall issue personalized prestige license plates, upon payment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles or trailers for use on private passenger cars, motorcycles, trucks having an unladen weight of 6,000 pounds or less, or trailers.
3. Personalized prestige license plates [shall be] are valid for 12 months and are renewable upon expiration. These plates may be transferred from one vehicle or trailer to another if the transfer and registration fees are paid as set out in this chapter. Any person transferring plates shall be allowed a 1/12 reduction in fees for each calendar month remaining unused from the previous registration, applicable to the fees which are for the registration year for which the plates are being transferred.
4. In case of any conflict, the person who first made application for personalized prestige license plates and has continuously renewed them by payment of the required fee [shall have] has priority.
5. The department shall limit by regulation the number of letters and figures used, may by regulation prohibit the use of inappropriate letters or combinations, and shall not assign to any person not holding the relevant office any letters and figures denoting that the holder holds a public office.
κ1979 Statutes of Nevada, Page 215 (CHAPTER 151, AB 468)κ
figures used, may by regulation prohibit the use of inappropriate letters or combinations, and shall not assign to any person not holding the relevant office any letters and figures denoting that the holder holds a public office.
________
Assembly Bill No. 495Assemblymen Dini and Harmon
CHAPTER 152
AN ACT relating to the desert research institute; removing the requirement of an annual audit by the legislative auditor; and providing other matters properly relating thereto.
[Approved April 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 396.7952 is hereby amended to read as follows:
396.7952 To further the development of the research activities of the university, the board of regents of the University of Nevada, on behalf of the desert research institute, [is empowered:] may:
1. [To enter] Enter into contracts with governmental or private agencies or [individuals] natural persons who wish to use the services or facilities of the desert research institute.
2. [To receive] Receive and hold, by gift, bequest, devise, grant, purchase or otherwise, any real or personal property, including patents, copyrights, royalties and contracts from [individuals] natural persons or corporations.
3. [To manage,] Manage, invest, use and dispose of any property so received, either as specified by the donor or for the furtherance of the objectives of the desert research institute.
4. [To receive,] Receive, invest, disburse and account for all [funds] money acquired pursuant to subsection 2 or through contractual or sponsored arrangements with governmental or private agencies or [individuals, subject only to annual audit by the legislative auditor.] natural persons.
________
Assembly Bill No. 412Assemblyman Glover
CHAPTER 153
AN ACT relating to corporations; allowing corporations to fix in their bylaws the manner of holding the annual meeting of stockholders; and providing other matters properly relating thereto.
[Approved April 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 78.330 is hereby amended to read as follows:
78.330 1. The directors of every corporation shall be chosen at the annual meeting of the stockholders, [thereof,] to be held [at the time and place] on a date and at a time, or in the manner, provided for by the bylaws, by a plurality of the votes cast at [such] the election.
κ1979 Statutes of Nevada, Page 216 (CHAPTER 153, AB 412)κ
annual meeting of the stockholders, [thereof,] to be held [at the time and place] on a date and at a time, or in the manner, provided for by the bylaws, by a plurality of the votes cast at [such] the election. But if for any reason [such directors shall not be] the directors are not elected at the annual meeting of the stockholders, they may be elected at any special meeting of the stockholders which is called and held for that purpose.
2. At least one-fourth in number of the directors of every corporation shall be elected annually.
3. Unless otherwise provided in the certificate or articles of incorporation, or an amendment thereto, the number of directors of any corporation organized under the provisions of this chapter may from time to time be increased or decreased in such manner as shall be provided in the certificate or articles of incorporation, or an amendment thereto, or by the bylaws of the corporation; but the number [shall] must not be reduced to less than three, except that, in cases where all the shares of the corporation are owned beneficially and of record by either one or two stockholders, the number of directors may be less than three but not less than the number of stockholders.
________
Senate Bill No. 320Committee on Finance
CHAPTER 154
AN ACT making a supplemental appropriation to the state board of parole commissioners for travel expenses within the state; and providing other matters properly relating thereto.
[Approved April 11, 1979]
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 board of parole commissioners for travel expenses within the State of Nevada the sum of $3,170 as an additional and supplemental appropriation to that allowed and made by section 34 of chapter 574, Statutes of Nevada 1977.
Sec. 2. Any unencumbered balance of the appropriation made by section 1 must not be committed for expenditure after June 30, 1979, and any such balance reverts to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 217κ
Senate Bill No. 97Committee on Judiciary
CHAPTER 155
AN ACT relating to the legislative counsel bureau; correcting the names of certain divisions; and providing other matters properly relating thereto.
[Approved April 16, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a continuing fund in the state treasury for the use of legislature, and where specifically authorized by law, for the use of the legislative counsel bureau.
2. Support for the legislative fund shall be provided by legislative appropriation from the general fund.
3. Expenditures from the legislative fund shall be made for:
(a) The payment of necessary operating expenses of the senate;
(b) The payment of necessary operating expenses of the assembly;
(c) The payment of necessary operating expenses of but not limited to:
(1) The legislative commission;
(2) The legal division;
(3) The research [and fiscal analysis] division;
(4) The audit division; and
(5) [The statute revision operation,] The fiscal analysis division,
of the legislative counsel bureau.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 [of this section] shall be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All moneys in the legislative fund shall be paid out on claims approved by the director of the legislative counsel bureau or his designee as other claims against the state are paid.
Sec. 2. NRS 233F.080 is hereby amended to read as follows:
233F.080 1. The legislature finds and declares that a state communications system is vital to the security and welfare of the state during times of emergency and in the conduct of its regular business, and that economies may be realized by joint use of the system by all state agencies. It is the purpose of the legislature that a state communications system be developed whereby maximum efficiency in the joint use of existing communications systems is achieved and that all communication functions and activities of state agencies be coordinated. It is not the intent of the legislature to remove from the department of general services control over the state telephone system intended for use by state agencies and the general public.
2. The legislature further declares that if at any time the state communications board established by this chapter considers a proposal for expansion of the telecommunications service, equipment or facilities normally provided to the State of Nevada by the telephone industry, such service, equipment or facilities are to be provided through the telephone industry except when the requirements of subsection 3 have been met.
κ1979 Statutes of Nevada, Page 218 (CHAPTER 155, SB 97)κ
such service, equipment or facilities are to be provided through the telephone industry except when the requirements of subsection 3 have been met.
3. If the state communications board has reason to believe that significant savings can be achieved if proposed expansions of the telecommunications service, equipment or facilities normally provided to the State of Nevada by the telephone industry are provided by the state rather than through the telephone industry:
(a) The board shall conduct a study and prepare a report detailing the proposed expansions and the estimated savings. The report shall be submitted to the [research and] fiscal analysis division of the legislative counsel bureau for review.
(b) Upon receipt of such report, the staff on the [research and] fiscal analysis division shall evaluate the findings and conclusions of the board and shall present to the interim finance committee its analysis of the proposed expansions and estimated savings.
(c) The interim finance committee shall review the report of the board and the analysis presented by the [research and] fiscal analysis division and may approve or disapprove the boards proposal.
(d) No proposal for the state rather than the telephone industry to provide expansion of the telecommunications service, equipment or facilities provided to the State of Nevada may be implemented without the approval of the interim finance committee.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 144Committee on Taxation
CHAPTER 156
AN ACT relating to property tax; providing for the exemption from property tax of leases for geothermal development; and providing other matters properly relating thereto.
[Approved April 16, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.157 is hereby amended to read as follows:
361.157 1. When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit, it is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of the real estate.
2. When any real estate which is exempt from taxation by reason of its public ownership is used for the generation of electric power, the value of any right to receive electric power directly from the exempt real estate by a natural person, association, partnership or corporation or by a political subdivision of any other state is taxable as though the holder of that right were the owner of the real estate in the same proportion which his right bears to the total of all rights to receive electric power generated through the use of that real estate.
κ1979 Statutes of Nevada, Page 219 (CHAPTER 156, AB 144)κ
holder of that right were the owner of the real estate in the same proportion which his right bears to the total of all rights to receive electric power generated through the use of that real estate.
3. Subsection 1 does not apply to:
(a) Property located upon or within the limits of a public airport, park, market, fairground or upon similar property which is available to the use of the general public;
(b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;
(c) Property of any state-supported educational institution;
(d) Property leased or otherwise made available to and used by a [private individual,] natural person, private association, private corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;
(e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States; [or]
(f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of human resources, regardless of whether the property is owned by the federal, state or a local government [.] ; or
(g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production.
4. Taxes shall be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section do not become a lien against the property. When due, such taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and if unpaid are recoverable by the county in the proper court of the county.
Sec. 2. The legislature finds that geothermal energy is distinct from fuels found underground in that no large, well-organized effort has been made to locate and exploit it, and that while it may become an important source of energy, exploration for and exploitation of geothermal energy is an infant industry.
________
κ1979 Statutes of Nevada, Page 220κ
Senate Bill No. 105Committee on Judiciary
CHAPTER 157
AN ACT relating to disclaimers of property interests; clarifying procedures and requirements for valid disclaimers and waivers of the right to disclaim; and providing other matters properly relating thereto.
[Approved April 16, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 10 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Beneficiary means any person entitled, but for his disclaimer, to take an interest:
(a) By intestate succession;
(b) By devise;
(c) By legacy or bequest;
(d) By succession to a disclaimed interest;
(e) By virtue of an election to take against a will;
(f) As beneficiary of a testamentary trust;
(g) Pursuant to the exercise or nonexercise of a power of appointment;
(h) As donee of any power of appointment; or
(i) As beneficiary of an inter vivos gift, whether outright or in trust.
2. Interest means the whole of any property, real or personal, legal or equitable, present or future, or any fractional part, share or particular portion or specific assets thereof, or any estate in any such property, or power to appoint, consume, apply or expend property, or any other right, power, privilege or immunity relating thereto.
3. Disclaimer means a written instrument which declines, refuses, renounces or disclaims any interest which would otherwise be succeeded to by a beneficiary.
4. Disclaimant means a person who executes a disclaimer.
Sec. 3. A beneficiary who is 18 years of age or over and competent may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this chapter. The disclaimer must:
1. Identify the decedent or donor;
2. Describe the property or part thereof or interest therein disclaimed;
3. Declare the disclaimer and the extent thereof; and
4. Be signed by the disclaimant.
Sec. 4. A disclaimer to be effective must be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest.
1. Except as otherwise provided in subsection 3, a disclaimer is conclusively presumed to have been filed within a reasonable time if filed:
(a) In case of interests created by will, within 9 months after the death of the person creating the interest.
(b) In case of interests arising from intestate succession, within 9 months after the death of the person dying intestate.
κ1979 Statutes of Nevada, Page 221 (CHAPTER 157, SB 105)κ
(c) In case of interests created by inter vivos trust, within 9 months after the interest becomes indefeasibly fixed.
(d) In other cases, within 9 months after the first knowledge of the interest is acquired by a person able to disclaim.
(e) Interests resulting from the exercise or nonexercise of a testamentary or nontestamentary power of appointment shall be deemed created by the donee of the power.
2. If the disclaimer is not filed within the time set forth in subsection 1, the disclaimant has the burden of establishing that the disclaimer was filed within a reasonable time after he acquired knowledge of the interest.
3. A disclaimer is conclusively presumed not to have been filed within a reasonable time after the person able to disclaim acquired knowledge of the interest if:
(a) An interest in the property which is in whole or in part sought to be disclaimed has been acquired by a purchaser or encumbrancer for value subsequent to or concurrently with the creation of the interest sought to be disclaimed and before the disclaimer; and
(b) One year has elapsed from the death of the person dying intestate or creating by will the interest sought to be disclaimed, or from the date of the transfer by inter vivos gift, whether outright or in trust.
Sec. 5. 1. The disclaimer must be filed:
(a) In case of interests created by will or arising from intestate succession, with the district court in the county in which the estate of the decedent is administered, and a copy must be furnished to the personal representative of the decedent. If there is no administration, the disclaimer must be filed with the county clerk of the county in which administration would be proper.
(b) In case of interests created by an inter vivos trust, with the trustee then acting, or if there is none, with the county clerk of the county where the settlor resides, or if the settlor is dead, where he last resided.
(c) In other cases, with the person creating the interest or his successor or representative.
2. A disclaimer made pursuant to this chapter which affects real property or an obligation secured by real property must be acknowledged or proved, and recorded, in the same manner as a deed of real property. The acknowledgment or proof, the recording, or the absence of any of these has the same effect as for a deed of real property. Failure to file a disclaimer which is recorded pursuant to this subsection does not affect the validity of any transaction with respect to such real property or obligation secured thereby.
Sec. 6. 1. A disclaimer, when effective, is binding upon the beneficiary and all persons claiming by, through or under him.
2. A person who, under this chapter, could file a disclaimer, may instead file a written waiver of a right to disclaim. The waiver must be filed in the same place as the disclaimer would have been filed. The waiver, when filed, is binding upon the beneficiary and all persons claiming by, through or under him.
Sec. 7. Unless otherwise provided by an express reference to the possibility of a disclaimer in the will, inter vivos trust, exercise of the power of appointment, or other written instrument creating or finally determining an interest, the interest disclaimed, and any future interest which is to take effect in possession or enjoyment at or after the termination of the interest disclaimed shall descend, go, be distributed or continue to be held as if the beneficiary disclaiming had predeceased the person creating the interest.
κ1979 Statutes of Nevada, Page 222 (CHAPTER 157, SB 105)κ
which is to take effect in possession or enjoyment at or after the termination of the interest disclaimed shall descend, go, be distributed or continue to be held as if the beneficiary disclaiming had predeceased the person creating the interest. In every case, the disclaimer relates back for all purposes to the date of the creation of the interest.
Sec. 8. 1. A disclaimer may not be made after the beneficiary has accepted the interest to be disclaimed, but an acceptance does not preclude a beneficiary from thereafter disclaiming all or part of any interest to which he became entitled because another person disclaimed an interest, if the beneficiary had no knowledge of the interest.
2. For the purposes of this chapter, if a disclaimer has not theretofore been filed, a beneficiary has accepted an interest if he:
(a) Makes a voluntary assignment or transfer of, or contract to assign or transfer, the interest or any part thereof;
(b) Executes a written waiver of the right to disclaim the interest; or
(c) Sells or otherwise disposes of the interest or any part thereof pursuant to judicial process.
Sec. 9. The right to disclaim exists irrespective of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift provision or similar restriction.
Sec. 10. Any interest created before the effective date of this act which has not been accepted may be disclaimed in the manner provided in this chapter.
Sec. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 170Committee on Commerce and Labor
CHAPTER 158
AN ACT relating to hearing aid specialists; enabling the board of hearing aid specialists to establish requirements for the continuing education of its licensees; prohibiting any person who is not licensed from engaging in the business of a hearing aid specialist; and providing other matters properly relating thereto.
[Approved April 16, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 637A.110 is hereby amended to read as follows:
637A.110 The board may:
1. Appoint a technical, clerical and operational staff as may be required, from the classified personnel of the State of Nevada, under the provisions of chapter 284 of NRS. The number of the staff appointed [shall] must be limited by the [funds] money available for [such] that purpose in the hearing aid licensing fund.
2. Grant or refuse licenses after examination and revoke or suspend [the same] them for any of the causes specified in this chapter. [pursuant to the Nevada Administrative Procedure Act.]
3. Administer oaths, take depositions, issue subpenas and take testimony for the purpose of any hearing authorized by this chapter.
κ1979 Statutes of Nevada, Page 223 (CHAPTER 158, SB 170)κ
4. Establish reasonable educational requirements for applicants [.] and apprentices and reasonable requirements for the continuing education of licensees.
Sec. 2. NRS 637A.200 is hereby amended to read as follows:
637A.200 1. Licenses [shall] expire on June 30 next following the date of issuance.
2. [Licenses may be renewed for 1 year from each succeeding July 1, upon payment of the annual license fee prescribed in NRS 637A.210.] A licensee may have his license renewed for 1 year beginning on July 1, by:
(a) Showing that he has fulfilled any requirements established by the board for continuing education; and
(b) Paying the annual license fee.
3. [A license which has expired for failure to pay the annual license fee shall be reinstated by the board, without examination, upon payment of the lapsed renewal fee, in addition to the annual license fee, within 5 years after the date of expiration.] A licensee who has failed to pay the annual license fee may have his license renewed without examination within 5 years after the date of expiration by:
(a) Complying with the requirements of subsection 2; and
(b) Paying the lapsed renewal fee in addition to the annual license fee.
Sec. 3. NRS 637A.220 is hereby amended to read as follows:
637A.220 A licensed hearing aid specialist may employ any person 21 years of age or over to [engage] assist him in the business of a hearing aid specialist if [such] the person is registered with the board as a hearing aid specialist apprentice.
Sec. 4. Chapter 637A of NRS is hereby amended by adding thereto a new section which shall read as follows:
A person shall not engage in the business of a hearing aid specialist unless he:
1. Holds a license issued by the board; or
2. Is exempted from the provisions of this chapter by NRS 637A.330.
Sec. 5. NRS 637A.180 is hereby repealed.
________
Senate Bill No. 205Committee on Government Affairs
CHAPTER 159
AN ACT relating to administrative regulations; removing the requirement for the legislative commission to review temporary regulations; and providing other matters properly relating thereto.
[Approved April 16, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233B.067 is hereby amended to read as follows:
233B.067 1. After its hearing on a proposed regulation, the agency shall submit an original and four copies of each regulation adopted, except an emergency regulation [,] or a temporary regulation, to the director of the legislative counsel bureau for review by the legislative commission to determine whether the regulation conforms to the statutory authority under which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority.
κ1979 Statutes of Nevada, Page 224 (CHAPTER 159, SB 205)κ
except an emergency regulation [,] or a temporary regulation, to the director of the legislative counsel bureau for review by the legislative commission to determine whether the regulation conforms to the statutory authority under which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The director shall cause to be endorsed on the original and duplicate copies of each adopted regulation the time and date of their filing and shall maintain one copy of the regulation in a file and available for public inspection for a period of 2 years.
2. The legislative commission shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 3 working days before the meeting, or within 35 days, whichever occurs first. If the commission fails to complete its review of the regulation within that time, the director of the legislative counsel bureau shall promptly file the regulation with the secretary of state and notify the agency of the filing.
3. The legislative commission shall notify the director of the results of its review. If the commission does not object to a regulation, the director shall accept the regulation as it was submitted, promptly file the regulation with the secretary of state and notify the agency of the filing. If the commission determines that the regulation does not conform to statutory authority or carry out legislative intent, the director shall attach to the regulation a written notice of its objection, including a statement of the reasons for its objection, and shall return the regulation to the agency.
4. The agency may revise the regulation and return it to the legislative commission, or it may return the regulation, with the notice of objection attached, without change. If the agency returns a revised regulation to the commission, the director shall circulate it among the members and, if there is no objection to the revision, he shall promptly file the regulation with the secretary of state and notify the agency of the filing. If any member of the commission objects to the revised regulation or if the regulation is returned to the commission without change and the legislature is:
(a) In regular session, the director of the legislative counsel bureau shall transmit the regulation, with the notice of objection attached, to the president of the senate and the speaker of the assembly for referral to the appropriate standing committee of each house of the legislature.
(b) Not in regular session, the director shall promptly file the regulation with the secretary of state and notify the agency of the filing. On the first day of the next regular session of the legislature, the director shall transmit the regulation together with the notice of objection to the president of the senate and the speaker of the assembly for such action as those bodies may determine to be proper.
5. The legislative commission may provide for:
(a) Early review of regulations by the commission, after the agency gives notice of its hearing on the regulation and before the hearing is held, if the regulation which is adopted after the hearing is identical to the regulation submitted for early review.
κ1979 Statutes of Nevada, Page 225 (CHAPTER 159, SB 205)κ
(b) A waiver of its review of a regulation in cases of administrative convenience or necessity.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 192Committee on Judiciary
CHAPTER 160
AN ACT relating to crimes; prohibiting probation for persons convicted of using a deadly weapon in the commission of certain crimes; and providing other matters properly relating thereto.
[Approved April 20, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 193.165 is hereby amended to read as follows:
193.165 1. Any person who uses a firearm or other deadly weapon in the commission of a crime shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for such crime. The sentence prescribed by this section shall run consecutively with the sentence prescribed by statute for such crime.
2. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. The provisions of [this section] subsections 1 and 2 do not apply where the use of a firearm or other deadly weapon is a necessary element of such crime.
4. The court shall not grant probation to or suspend the sentence of any person who is convicted of using a firearm or other deadly weapon in the commission of any of the following crimes:
(a) Murder;
(b) Kidnaping in the first degree;
(c) Sexual assault; or
(d) Robbery.
________
Assembly Bill No. 296Committee on Ways and Means
CHAPTER 161
AN ACT making an appropriation from the state general fund to the division of forestry of the state department of conservation and natural resources to purchase special equipment; and providing other matters properly relating thereto.
[Approved April 20, 1979]
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 forestry of the state department of conservation and natural resources the sum of $147,400 to purchase special equipment, including a tilt bed lowboy trailer.
κ1979 Statutes of Nevada, Page 226 (CHAPTER 161, AB 296)κ
natural resources the sum of $147,400 to purchase special equipment, including a tilt bed lowboy trailer.
Sec. 2. After June 30, 1981, the unencumbered balance of the appropriation made in section 1 of this act may not be encumbered and must revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 5Senators Close and Wilson
CHAPTER 162
AN ACT relating to the determination of death; adopting the Uniform Brain Death Act; and providing other matters properly relating thereto.
[Approved April 20, 1979]
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. For legal and medical purposes, a person who has sustained irreversible cessation of all functioning of the brain, including the brain stem, is dead. A determination under this section must be made in accordance with reasonable medical standards.
2. This section may be cited as the Uniform Brain Death Act.
________
Senate Bill No. 144Committee on Finance
CHAPTER 163
AN ACT relating to Nevada Reports; making an appropriation for their reproduction; and providing other matters properly relating thereto.
[Approved April 20, 1979]
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 for the support of the legislative counsel bureau, for the cost of reproducing volumes of Nevada Reports pursuant to NRS 345.025, the sum of $75,000.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 227κ
Senate Bill No. 207Committee on Finance
CHAPTER 164
AN ACT making an appropriation from the state general fund to the Western Regional Higher Education Compact fund.
[Approved April 20, 1979]
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 Western Regional Higher Education Compact fund the sum of $11,000 to be used to pay dues owed to the Western Interstate Commission for Higher Education for the 1977-78 fiscal year.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 235Senator Dodge
CHAPTER 165
AN ACT relating to administration of stream systems; revising the limitation on assessments for certain expenses of water distribution; and providing other matters properly relating thereto.
[Approved April 20, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 533.280 is hereby amended to read as follows:
533.280 1. The state engineer shall, between the 1st Monday of October and the 1st Monday of December of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of the stream system or each water district for the then current year.
2. The budget [shall] must show the following detail:
(a) The aggregate amount estimated to be necessary to pay the expenses of the stream system or water district.
(b) The aggregate water rights in the stream system or water district as determined by the state engineer or the court.
(c) The unit charge necessary to provide the [funds] money required.
(d) The charge against each water user, which [shall] must be based upon the proportion which his water right bears to the aggregate water rights in the stream system; but the minimum charge [shall be] is $1.
3. When the stream system lies in more than one county, a separate budget [shall] must be prepared for each county showing only the claimants and charges assessable within the county.
4. When the stream system irrigates more than 200,000 acres of land, the assessment for water distribution expenses shall not exceed [8] 16 cents per acre-foot of water decreed.
________
κ1979 Statutes of Nevada, Page 228κ
Senate Bill No. 248Senator Dodge
CHAPTER 166
AN ACT relating to Carey Act lands; clarifying and amending the procedure for disposing of such lands; and providing other matters properly relating thereto.
[Approved April 20, 1979]
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] the provisions of 43 U.S.C. § 641 [,] et seq., and all acts amendatory thereof or supplemental thereto.
2. Division means the division of state lands of the state department of conservation and natural resources.
Sec. 2. NRS 324.020 is hereby amended to read as follows:
324.020 The State of Nevada accepts the terms and conditions of [section 4 of the Act of Congress approved August 18, 1894, commonly known as] the Carey Act, and all acts amendatory thereof or supplemental thereto [, heretofore or] which may be [hereafter] passed by the Congress of the United States, together with all the grants of land [heretofore made or which may hereafter be] made to the state by the Federal Government under the provisions [thereof.] of that act.
Sec. 3. NRS 324.040 is hereby amended to read as follows:
324.040 1. The administrator of the division is designated as the state registrar of lands under the Carey Act.
2. The state registrar of lands under the Carey Act shall:
(a) Be the custodian of all papers, documents, maps and plats relating to Carey Act lands.
(b) Receive and give a receipt for all fees and payments required to be paid under the provisions of this chapter or under any regulation of the division.
(c) Deposit all fees and payments received by him with the state treasurer to the credit of the Carey Act trust fund.
(d) Conduct all correspondence relating to Carey Act lands.
3. The state registrar of lands under the Carey Act is designated as the authorized agent of the state to [enter into and to execute, for and in behalf of the state, the agreement prescribed by the Secretary of the Interior binding the state in respect to the disposal] dispose of lands under the Carey Act.
4. For services performed under the provisions of this chapter the administrator of the division is not entitled to receive additional compensation.
Sec. 4. NRS 324.050 is hereby amended to read as follows:
324.050 1. Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the state registrar of lands under the Carey Act shall prepare a detailed report of the transactions concerning Carey Act lands [.]
κ1979 Statutes of Nevada, Page 229 (CHAPTER 166, SB 248)κ
concerning Carey Act lands [.] and file one copy of the report with the secretary of state.
2. All pending proceedings before the division and the state engineer, except applications for permits for water rights, [shall] must not be made public or be open to public inspection until the application for [temporary withdrawal or a] segregation is filed in the Bureau of Land Management.
Sec. 5. NRS 324.080 is hereby amended to read as follows:
324.080 1. The division may fix the price at which the state disposes of lands in each segregation to settlers [, which shall] at the time of their entry, which may not be less than $10 per acre nor more than the fair market value, including costs incidental to the application.
2. The proceeds [shall] must be deposited with the treasurer for credit to the Carey Act trust fund, which is hereby created.
Sec. 6. NRS 324.090 is hereby amended to read as follows:
324.090 A nonrefundable fee of $100 [shall] must be collected by the division under the provisions of this chapter and deposited with the state treasurer for credit to the Carey Act trust fund. 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.] the application for segregation. Other fees may be charged as are established by regulations of the division.
Sec. 7. NRS 324.100 is hereby amended to read as follows:
324.100 1. [Subject to the provisions of the Carey Act, the] The proceeds derived by the state from fees and the sale of Carey Act lands [, and by this chapter required to] must be deposited in the Carey Act trust fund [, are] . The money is subject to control and disposition by the division and may be used [and drawn upon] by the division for the following purposes [, and for none other:] only:
(a) For the payment of all necessary expenses incurred by the state registrar of lands under the Carey Act for [the administration of] administering Carey Act lands.
(b) For the reclamation, under the control and direction of the division, 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 advertisement and publicity of the desert lands of the state as may advance their settlement and reclamation.
2. Until the Carey Act trust fund 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 state general fund to the Carey Act trust fund, from time to time, sufficient money to meet [such] those disbursements, not exceeding $10,000, and [such] that 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, are sufficient to provide an adequate operating balance in the Carey Act trust fund, all sums so transferred [shall] must be restored to the state general fund.
κ1979 Statutes of Nevada, Page 230 (CHAPTER 166, SB 248)κ
3. All disbursements from the Carey Act trust fund [shall] must be on claims of the state registrar of lands under the Carey Act and approved by the state board of examiners.
Sec. 8. NRS 324.110 is hereby amended to read as follows:
324.110 1. The [services of the] state engineer [shall] must be compensated for his services by such fees and expense allowances as are authorized by law to be assessed against an applicant for a water right. The expense of the inspection, supervision and report of the state engineer upon the proposed irrigation works of an applicant and all other services of the state engineer, if [the expense thereof] it is not covered by law, [shall] must be assessed against the applicant, and [shall be] is required in advance. The state engineer shall submit a statement to the division.
2. Except in special cases and for unusual services, the work of the state engineer in connection with the Carey Act [shall be taken care of] must be done under the fee and compensation system of his office.
[3. The state engineer is the authorized agent of the state to make desert land selections under the Carey Act.]
Sec. 9. NRS 324.120 is hereby amended to read as follows:
324.120 1. Any natural person, 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 division an application for [the temporary withdrawal of such lands under the provisions of 43 U.S.C. § 643, designating the lands by legal subdivisions.
2.] any land which is listed by the division as being available for reclamation through the division.
2. Any person who is a citizen of the United States or a lawful permanent resident of the United States and who is more than 18 years of age, may file an application with the division for that land in an amount not exceeding 160 acres.
3. An application [shall:] must:
(a) Be prepared and submitted in accordance with such regulations as the division may adopt, which [shall be in conformity with any] must conform with applicable regulations of the Department of the Interior.
(b) Be accompanied by [the certificate of the state engineer] proof that an active application for a permit to appropriate water [has been filed in his office.] is on file in the office of the state engineer.
(c) Be accompanied by 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.] State that the applicant desires the land for actually reclaiming, cultivating and settling it in accordance with the Carey Act and the laws and regulations of this state.
(e) State that the applicant, if granted the amount of land requested in the application, will not have received a total amount of land through the provisions of this chapter exceeding 160 acres.
κ1979 Statutes of Nevada, Page 231 (CHAPTER 166, SB 248)κ
Sec. 10. NRS 324.130 is hereby amended to read as follows:
324.130 1. All [such] applications [,] for Carey Act lands which are prepared and submitted in accordance with the regulations of the division and of the Department of the Interior [, shall] must be referred to the state engineer. The state engineer shall submit a written report [,] which [covers] includes information regarding the water supply, [the feasibility of the project,] the status of the water right, and other data necessary to enable the state registrar of lands under the Carey Act to make the proper application and certification required by the Bureau of Land Management in such cases.
2. No application on which the state engineer has reported adversely may be approved by the division. If the state engineer reports favorably on an application, the division shall, at its earliest convenience, consider the application [, and if] . If the division approves the application [(or approves a modification of the application, in which case, on the acceptance by the applicant of such modification),] , or if the applicant accepts and the division approves a modified application, the state registrar of lands under the Carey Act shall file in the proper office of the Bureau of Land Management a request for the [temporary withdrawal] segregation of the lands described.
Sec. 11. NRS 324.140 is hereby amended to read as follows:
324.140 1. Immediately after an application has been approved by the division, and [prior to] before the filing of the request for the [temporary withdrawal in the proper office of] segregation of land with the Bureau of Land Management, the applicant shall deposit with the division a sum which, according to the estimate of the [state engineer,] division, will cover the entire cost of the surveys, determinations, maps and plats required by the Secretary of the Interior before [approving] it approves a segregation and allotment of [such] those lands to the state.
2. The deposit [shall:
(a) Be] is a guarantee that [all such] the surveys, determinations, maps and plats are made properly and in good faith [on the part of] by the applicant, and will be completed and filed with the division for its examination [at least 90 days prior to the termination of the temporary withdrawal; and
(b) Cover any fees and expenses of the state engineer authorized by law to be collected and charged against the applicant in such cases. The state engineer may supervise such surveys and determinations.
3. From time to time, as such] within 90 days after the division receives the deposit. As work on the surveys, determinations, [and the preparation of such] maps and plats [progress, and on requisition by the state engineer, the applicant shall be reimbursed from the deposit for the accrued costs of the same. Any] progresses, the division shall, upon request, reimburse the applicant from the deposit amounts which equal the aggregate cost of the work done. An applicant desiring to relinquish and abandon the project [prior to the] before completion of the surveys and determinations [, who serves a] may serve written notice to that effect upon the division, accompanied with a relinquishment to the state of his application for a water right, [shall be reimbursed] and the division shall refund him the unexpended balance of his deposit.
κ1979 Statutes of Nevada, Page 232 (CHAPTER 166, SB 248)κ
Sec. 12. NRS 324.160 is hereby amended to read as follows:
324.160 1. Upon approval by the Secretary of the Interior of the application for a segregation, the division shall enter into a contract with the applicant for [such] the segregation. The contract [shall] must contain:
(a) Such complete specifications with respect to the system of irrigation works proposed to reclaim the lands of [such] the segregation as the division prescribes by regulation.
(b) The price, conditions and terms per acre at which [such] the irrigation works and perpetual water rights [shall] will be sold to settlers.
(c) The price, terms and conditions on which the state is to dispose of the lands to settlers.
(d) Such additional requirements and stipulations as [shall insure and] are necessary to protect the good reputation of the state and the rights of all parties in interest from the date of the contract to the complete consummation of the enterprise.
2. The contract [shall] must not be entered into until the contractor has filed a satisfactory bond in a penal sum equal to 5 percent of the estimated cost of the works [, which bond shall be conditioned for] which is conditioned upon the faithful performance of [the provisions of] the contract with this state.
3. If, within 3 months after notice by the division to the applicant, by registered or certified letter addressed to his last-known address, that [such] the segregation has been approved by the Secretary of the Interior, the applicant [neglects or refuses to appear in person, or through his duly authorized officers, or by an agent who satisfies the division of his authority to do so, to enter into] or his agent fails to appear and execute a contract with the state and supply the bond as required, [then the applicant shall be declared in default by the division (unless in the opinion of the division an extension of time, not exceeding 30 days, should be granted), and all his rights and equities therein lapsed and defaulted to the state.] the applicant defaults his interest in the land to the state, unless the division grants an extension of time which may not exceed 30 days. The division may advertise the [equity of such] interest of the applicant for sale and sell it to the highest bidder under such regulations as the division may prescribe, and sell the [equity] interest and enter into a contract covering [such] the segregation with the purchaser. In such a case the state engineer shall transfer the application for the water right [in the name of and to such] to the purchaser. The proceeds of [any such sale shall] the sale must be used [:
(a) First, to cover] to reimburse the division for the costs [and expenses] of the advertisement and sale.
[(b) Second, to reimburse the defaulting applicant for his outlay in respect to such application, as the same may appear from the records and accounts of the division and of the state engineers office.]
The surplus, if any, [shall] must be deposited in the Carey Act trust fund.
Sec. 13. NRS 324.180 is hereby amended to read as follows:
324.180 Any contract [so] entered into pursuant to the provisions of this chapter may [:
κ1979 Statutes of Nevada, Page 233 (CHAPTER 166, SB 248)κ
1. Be] subsequently be modified if in the opinion of the division [such] the modification conserves and protects the public welfare and the rights of settlers. If [such] the modification relates to changes in the irrigation works or [system or] to an extension of time for [the] its completion [thereof,] , the consent of the state engineer is a condition precedent to any [act of the division authorizing the modification.] modification by the division.
[2. Contain a stipulation for the subsequent enlargement of the works to irrigate more land under the Carey Act, but no such enlargement may be undertaken except in accordance with the requirements of an original application.]
Sec. 14. NRS 324.210 is hereby amended to read as follows:
324.210 1. Upon the failure of any [parties having contracts] party having a contract with the state for the construction of irrigation works to begin the works within the time specified by the contract, or to complete the works within the time or in accordance with the specifications of the contract [with the state,] to the satisfaction of the state engineer, the division shall give [such parties] the party written notice of [such] the failure. If after a period of 60 days after the sending of [such notice they shall have failed] the notice, the party fails to proceed with the work or to conform to the specifications of [their] the contract, [with the state,] the bond and contract of [such parties,] the party and all works constructed [thereunder,] under it are forfeited to the state. The division shall at once so declare and give notice once a week for a period of 4 weeks in some newspaper of general circulation in the county or counties in which the work is situated, and in one newspaper at the state capital in like manner and for a like period, of:
(a) The forfeiture of the contract; and
(b) That upon a fixed day proposals will be received at the office of the division for the purchase of the uncompleted works and for the completion of the contract.
2. The division shall give notice in its advertisement for proposals for the purchase of [such] the uncompleted works that the successful bidder is required, before the transfer of ownership, to furnish a satisfactory bond in a prescribed sum conditioned for the faithful fulfillment of the uncompleted provisions of the contract. [with the state.]
3. The time of receiving bids [shall] must be at least 60 days subsequent to the issuing of the last notice of forfeiture.
4. The money received by the division from the sale of partially completed works under the provisions of this section [shall] must first be applied to the expenses incurred by the state in their forfeiture and disposal and to satisfy the bond. The surplus, if any exists, [shall be paid to the original contractors with the state.] must be deposited in the Carey Act trust fund.
Sec. 15. 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 18 years, may make application, under oath, to the division to enter any of such land in an amount not to exceed 160 acres for any one person.
2. The application shall:
κ1979 Statutes of Nevada, Page 234 (CHAPTER 166, SB 248)κ
(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.
(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, association, company or corporation authorized by the division 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 established by the division, which is a partial payment on the land if the application is allowed.
3.] Before entering upon any land pursuant to the provisions of this chapter, the applicant shall file with the division:
(a) A certified copy of a water permit or a contract for a perpetual water right into which the applicant has entered with whomever is authorized by the division to furnish water for the reclamation of the land.
(b) Any payments required by regulation.
(c) A written statement from the board of county commissioners of each county in which the land for which application is made is located which certifies the land is zoned for the intended use of the applicant or will be so zoned by the time the applicant intends to put it to such use.
2. The division shall file [the application and papers in its office,] all papers submitted by the applicant and, if allowed, shall issue a certificate of location to the applicant. All certificates, when issued, [shall] must be recorded in a book [to be] kept for that purpose.
[4. If the application is not allowed, the payment accompanying the application shall be refunded to the applicant.
5.] 3. The balance unpaid on the price fixed by the division for the land allowed an applicant is [due and] payable in such installments and at such times as the division prescribes, but before a patent is issued the full price of the land must be paid by the settler.
Sec. 16. 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. 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 and] to make a final proof of reclamation, settlement and occupation, in such form and according to such requirements as may be prescribed by the division or the Department of the Interior. [The officer taking this proof is entitled to receive a minimum fee of $10, which 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 with the state treasurer for credit to the Carey Act trust fund.]
κ1979 Statutes of Nevada, Page 235 (CHAPTER 166, SB 248)κ
2. The state registrar of lands under the Carey Act or his designee may administer oaths required under this chapter.
3. All proofs so received [shall] must be accompanied with the final payment for the land, and upon approval by the division the settler is entitled to a patent.
[4. If the land is not embraced in any patent 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 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 division, make proof of such fact, and apply for a patent to such lands in the manner provided by 43 U.S.C. § 642.]
Sec. 17. NRS 324.150, 324.190, 324.260, 324.270 and 324.280 are hereby repealed.
________
Senate Bill No. 330Committee on Finance
CHAPTER 167
AN ACT to amend an act entitled, An Act authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1977, and ending June 30, 1978, and beginning July 1, 1978, and ending June 30, 1979; and providing other matters properly relating thereto, approved May 20, 1977; and providing other matters properly relating thereto.
[Approved April 20, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6 of the above-entitled act, being chapter 597, Statutes of Nevada 1977, at page 1618, is hereby amended to read as follows:
Sec. 6. [Where] 1. Except as provided in subsection 2, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the general fund in the state treasury as well as by funds received from other sources, the portion provided by appropriation from the general fund in the state treasury shall be decreased to the extent that the receipts of the funds from other sources approved by this act are exceeded, but such decrease shall not jeopardize the receipts of such funds as are to be received from other sources.
2. Subsection 1 does not apply to:
(a) The Nevada mental health institute with respect to additional money received from fees and collections if the additional money is used to pay utility expenses;
(b) The Sierra developmental center and the Desert developmental center with respect to additional money received from the Federal Government pursuant to Title XIX of the Social Security Act if the additional money is used to add positions and cover related costs necessary to comply with federal regulations pursuant to Title XIX for intermediate care facilities and facilities for mentally retarded persons and with state regulations for health facilities under the Nevada Health Facilities Assistance Act.
κ1979 Statutes of Nevada, Page 236 (CHAPTER 167, SB 330)κ
Federal Government pursuant to Title XIX of the Social Security Act if the additional money is used to add positions and cover related costs necessary to comply with federal regulations pursuant to Title XIX for intermediate care facilities and facilities for mentally retarded persons and with state regulations for health facilities under the Nevada Health Facilities Assistance Act.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 172Assemblymen Bennett and Chaney
CHAPTER 168
AN ACT relating to placement of children for adoption and permanent free care; revising provisions for licensing of child-placing agencies; simplifying procedures for placement; clarifying provisions; deleting obsolete provisions; and providing other matters properly relating thereto.
[Approved April 20, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 127.050 is hereby amended to read as follows:
127.050 The following may accept relinquishments for the adoption of children from parents and guardians and may consent to the adoption of children:
1. The welfare division of the department of human resources, to whom the child has been relinquished for adoption;
2. A child-placing agency licensed by the welfare division of the department of human resources, [pursuant to NRS 127.250 or 127.260,] to whom the child has been relinquished for adoption; or
3. Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished for adoption.
Sec. 2. NRS 127.240 is hereby amended to read as follows:
127.240 1. No person [other than the parent or guardian of a child] may place, arrange the placement of, or assist in placing or in arranging the placement of, any child for adoption or permanent free care without securing and having in full force a license to operate a child-placing agency issued by the welfare division of the department of human resources. This subsection applies to agents, servants, physicians and attorneys of parents or guardians, as well as to other persons.
2. [Nothing in this section shall be construed to] This section does not prohibit a parent or guardian from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care if the placement is made pursuant to the provisions of subsections 1 to 4, inclusive, of NRS 127.280.
3. This section does not prohibit the welfare division of the department of human resources from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care.
κ1979 Statutes of Nevada, Page 237 (CHAPTER 168, AB 172)κ
assisting in placing or in arranging the placement of, any child for adoption or permanent free care.
Sec. 3. NRS 127.270 is hereby amended to read as follows:
127.270 1. After notice and hearing, the welfare division of the department of human resources may:
(a) Refuse to issue a [temporary or permanent] license if the division finds that the applicant does not meet the standards established and the rules prescribed by the division [pursuant to NRS 127.230.] for child-placing agencies.
(b) Refuse to renew a [temporary or permanent] license or may revoke a [permanent] license if the division finds that the child-placing agency has refused or failed to meet any of the established standards or has violated any of the rules prescribed by the division [pursuant to NRS 127.230.
(c) Revoke a temporary license if the division finds that the child-placing agency is not making a maximum effort to improve its personnel and operation standards.
2. The time and place for the hearing shall be fixed by the division.] for child-placing agencies.
2. A notice of the time and place of the hearing [shall] must be mailed to the last-known address of the applicant or licensee at least 15 days before the date fixed for the hearing.
3. [At the hearing, the applicant or licensee shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own behalf.
4. The division shall not be bound by technical rules of evidence.
5. Any applicant or licensee adversely affected by] When an order of the division [may appeal] is appealed to the district court, [of the county of his residence within 30 days after the divisions order is made, and] the trial [of the district court upon such appeal shall] may be de novo.
Sec. 4. NRS 127.280 is hereby amended to read as follows:
127.280 1. No child [shall] may be placed in the home of prospective adoptive parents for the 30-day residence in such home which is required [by NRS 127.110 prior to] before the filing of a petition for adoption, except where a child and one of the prospective adoptive parents are related within the third degree of consanguinity, unless the welfare division of the department of human resources [, hereinafter in this section referred to as the welfare division,] first receives written notice of the proposed placement from:
(a) The prospective adoptive parents of the child; [or]
(b) The person recommending such placement; or
(c) A licensed child-placing agency,
and [until] the investigation required by the provisions of this section has been completed.
2. If such placement is to be made by a licensed child-placing agency, the welfare division shall make no investigation and shall retain the written notice for informational purposes only.
3. If such placement is recommended by a person other than a licensed child-placing agency, the welfare division shall, within 60 days after receipt of the written notice, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption.
κ1979 Statutes of Nevada, Page 238 (CHAPTER 168, AB 172)κ
after receipt of the written notice, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation [shall] must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents [, but shall not] and may be a substitute for the investigation required to be conducted by the welfare division on behalf of the court [under NRS 127.120] when a petition for adoption is pending [.] , if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection.
4. Pending completion of the required investigation, the child [shall] must be retained by the natural parent or parents or [shall be] relinquished to the welfare division and placed by the welfare division in a foster home licensed by it until a determination is made by the welfare division concerning the suitability of the prospective adoptive parents.
5. Upon completion of the investigation, the welfare division shall forthwith inform the person recommending such placement and the prospective adoptive parents of the welfare divisions decision to approve or deny the placement. If, in the opinion of the welfare division, the prospective adoptive home is:
(a) Suitable, the child [shall] must be relinquished to the welfare division, if not relinquished pursuant to the provisions of subsection 4, for placement and adoption in the home of the prospective adoptive parents.
(b) Unsuitable or detrimental to the interest of the child, the welfare division shall file an application in the district court for an order prohibiting such placement. If the court determines that the placement should be prohibited, the court may [in its discretion] order the return of the child to the care and control of his natural parent or parents, but if the parental rights of such parent or parents have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent or parents do not wish to accept the child, then the court may order the placement of the child with the welfare division or with any licensed child-placement agency for adoption.
6. Whenever the welfare division believes that anyone has violated or is about to violate any of the provisions of [chapter 127 of NRS,] this chapter, in addition to [and notwithstanding] any other penalty or remedy provided: [for the violation of any provision of chapter 127 of NRS:]
(a) The welfare division may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of [chapter 127 of NRS,] this chapter, or to compel compliance with the provisions of [chapter 127 of NRS;] this chapter; and
(b) The court, thereupon, shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of [chapter 127 of NRS:] this chapter:
(1) Prohibit such placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months [prior to] before the filing of the welfare divisions petition, and proceed pursuant to the discretionary placement power of subsection 5; or
κ1979 Statutes of Nevada, Page 239 (CHAPTER 168, AB 172)κ
proceed pursuant to the discretionary placement power of subsection 5; or
(2) Proceed pursuant to the discretionary placement power of subsection 5 in all other cases if the court determines that it is in the best interest of the child that the child should be removed.
7. Whenever the welfare division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and when the written notice required by subsection 1 has not been received, and the welfare division does not proceed pursuant to subsection 6, the welfare division shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents [shall] must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within such time a foster home license [shall] must thereafter be issued by the welfare division if the home meets established standards. If, in the opinion of the welfare division, the placement is detrimental to the interest of the child, the welfare division shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to the discretionary placement power of subsection 5.
8. Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of the placement provisions of this section is guilty of a gross misdemeanor.
Sec. 5. NRS 127.290 is hereby amended to read as follows:
127.290 1. Except as provided in NRS 127.285, no person who does not have in full force a license to operate a child-placing agency [issued under NRS 127.250 or 127.260] may request or accept, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care.
2. A licensed child-placing agency [licensed under NRS 127.250 or 127.260] may accept fees for operational expenses.
Sec. 6. NRS 127.300 is hereby amended to read as follows:
127.300 1. Except as provided in NRS 127.285, any person who, without holding a valid license to operate a child-placing agency issued by the welfare division of the department of human resources, [under NRS 127.250 or 127.260,] requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $1,000, or by both fine and imprisonment.
2. The natural parents and the adopting parents [shall] must not be considered accomplices for the purpose of this section.
Sec. 7. NRS 127.310 is hereby amended to read as follows:
127.310 Except as provided in NRS 127.240, 127.283 and 127.285, any person or organization [who or which,] other than the welfare division of the department of human resources who, without holding a valid unrevoked license to place children for adoption issued by the welfare division: [of the department of human resources:]
κ1979 Statutes of Nevada, Page 240 (CHAPTER 168, AB 172)κ
1. Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or
2. Advertises in any periodical or newspaper, or by radio or other public medium, that he [or it] will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,
is guilty of a misdemeanor.
Sec. 8. NRS 127.260 is hereby repealed.
________
Assembly Bill No. 235Assemblyman Hayes
CHAPTER 169
AN ACT relating to the militia; removing exclusive references to men; requiring personal privacy between members of opposite sexes; and providing other matters properly relating thereto.
[Approved April 20, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 412.126 is hereby amended to read as follows:
412.126 1. The governor is authorized to issue licenses to bodies of [men] persons to organize, drill and bear arms as military companies or organizations.
2. Whenever any such body of [men] persons associate themselves as a military company or organization and drill with arms under the license of the governor, [such] the military company or organization: [shall:
(a) File] (a) Shall file with the adjutant general annually, or at such time as the governor or adjutant general may designate, a muster roll of such military company or organization certified by the oath of the commanding officer thereof. The muster roll shall contain the names, ages, occupations and places of residence of all members thereof, and the number and character of all arms in the possession of such organization. [; and
(b) Be] (b) Is subject to inspection by the adjutant general upon his request within such time as he shall designate.
3. Each member of such military company or organization shall take and subscribe to an oath before any officer authorized to administer [the same] it that he will support the Constitution of the United States and the constitution of the State of Nevada and will obey and maintain all laws and obey all officers employed in administering [the same.] those constitutions and laws.
Sec. 2. NRS 412.142 is hereby amended to read as follows:
412.142 1. In all cases in which any [officer or enlisted man] member of the Nevada National Guard is wounded, injured, disabled or killed while in the line of duty in the service of the state, [such officer or enlisted man] the member or the dependents of [such officer or enlisted man] the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapter 616 of NRS.
κ1979 Statutes of Nevada, Page 241 (CHAPTER 169, AB 235)κ
while in the line of duty in the service of the state, [such officer or enlisted man] the member or the dependents of [such officer or enlisted man] the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapter 616 of NRS. [; and there] There shall be paid to the Nevada industrial commission quarterly, from the appropriation for the support of the Nevada National Guard, such sum for premium as may be fixed and agreed upon by the commander in chief and the Nevada industrial commission, based upon the number of [officers and enlisted men] members in regular attendance during the month as shown by the reports filed with the adjutant general, who shall certify such numbers to the Nevada industrial commission.
2. In all [such] cases, [such officer or enlisted man] the disabled or deceased member shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to [any such officer or enlisted man,] the member or to the dependents of [any such officer or enlisted man,] the member shall be determined upon the basis of his average income from all sources during the year immediately preceding the date of [such] his injury or death or the commencement of [such] his disability; but such compensation shall [in no case] not exceed the maximum prescribed in chapter 616 of NRS.
Sec. 3. NRS 412.146 is hereby amended to read as follows:
412.146 Any [officer or enlisted man] member of the militia of this state who receives compensation from the United States as a federally recognized member of the Nevada National Guard does not hold a lucrative office under the Government of the United States within the meaning of section 9 of article 4 of the constitution of the State of Nevada.
Sec. 4. Chapter 412 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The Nevada National Guard shall provide for personal privacy as between members of the opposite sexes.
________
Assembly Bill No. 254Committee on Ways and Means
CHAPTER 170
AN ACT relating to state purchasing; providing for the purchase of land adjacent to the purchasing warehouse building in Las Vegas, Nevada, and for repayment of the purchase price; making an appropriation; and providing other matters properly relating thereto.
[Approved April 20, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 333.121 is hereby amended to read as follows:
333.121 1. Commencing July 1, 1971, and continuing until the construction costs of $193,310 for the purchasing warehouse building in Reno, Nevada, have been paid, the purchasing division shall pay annually to the state treasurer for deposit in the state treasury to the credit of the state general fund [in the state treasury] 2 percent of the buildings original acquisition cost.
κ1979 Statutes of Nevada, Page 242 (CHAPTER 170, AB 254)κ
annually to the state treasurer for deposit in the state treasury to the credit of the state general fund [in the state treasury] 2 percent of the buildings original acquisition cost.
2. Commencing July 1, 1975, and continuing until the cost of acquisition in the amount of $165,000 for the purchasing warehouse building and site in Las Vegas, Nevada, has been repaid, the purchasing division shall pay annually to the state treasurer for deposit in the state treasury to the credit of the state general fund 2 percent of the acquisition cost of the building and site.
3. Commencing July 1, 1979, and continuing until the cost of acquisition in the amount of $45,000 for the purchase of land and related costs, adjacent to the purchasing warehouse building in Las Vegas, Nevada, has been repaid, the purchasing division shall pay annually to the state treasurer for deposit in the state treasury to the credit of the state general fund 2 percent of the acquisition cost of the site.
Sec. 2. There is hereby appropriated from the state general fund to the division of state lands of the state department of conservation and natural resources for purchase of land adjacent to the purchasing warehouse building in Las Vegas, Nevada, the sum of $45,000. On June 30, 1981, any unexpended balance of the appropriation made by this section reverts to the state general fund.
________
Assembly Bill No. 312Committee on Government Affairs
CHAPTER 171
AN ACT relating to the appropriation of public waters; conferring discretion upon the state engineer to waive a permit to appropriate water for use in highway construction; and providing other matters properly relating thereto.
[Approved April 20, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 534.050 is hereby amended to read as follows:
534.050 1. Except as provided in subsection 2, every person desiring to sink or bore a well in any basin or portion therein in the state designated by the state engineer, as provided for in this chapter shall first make application to and obtain from the state engineer a permit to appropriate such water, in accordance with the provisions of chapter 533 of NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of the well.
2. Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 1 for exploratory wells to be drilled to determine the availability of water or the quality of available water.
3. In other basins or portions therein which have not been designated by the state engineer no application or permit to appropriate water is necessary until after the well is sunk or bored and water developed.
κ1979 Statutes of Nevada, Page 243 (CHAPTER 171, AB 312)κ
Before any legal diversion of water can be made from the well, the appropriator must make application to and obtain from the state engineer, in accordance with the provisions of chapter 533 of NRS, a permit to appropriate the water.
4. Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 3, to allow use of water in constructing a highway.
5. Any person using water after a permit has been withdrawn, denied, canceled, revoked or forfeited is guilty of a misdemeanor. Each day of violation of this subsection constitutes a separate offense and is separately punishable.
________
Assembly Bill No. 353Committee on Government Affairs
CHAPTER 172
AN ACT relating to utilities, railroads and other carriers; consolidating various provisions of law pertaining to their regulation; and providing other matters properly relating thereto.
[Approved April 23, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 703 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. Every annual report, record or statement required by law to be made to the commission must be submitted under oath by the proper officer, agent or person responsible for submitting the report, record or statement.
Sec. 3. 1. Each public utility, common and contract motor carrier and broker which is regulated by the commission shall:
(a) Keep uniform and detailed accounts of all business transacted in the manner required by the commission by regulation, and render them to the commission upon its request.
(b) Furnish an annual report to the commission in the form and detail which it prescribes by regulation.
2. Except as provided in subsection 3, the reports required by this section must be prepared for each calendar year and submitted not later than April 15 of the year following the year for which the report is submitted.
3. A motor carrier may, with the permission of the commission, prepare the reports required by this section for a year other than a calendar year which the commission specifies, and submit them not later than a date specified by the commission in each year.
4. If the commission finds that necessary information is not contained in a report submitted pursuant to this section, it may call for the omitted information at any time.
Sec. 4. Any commissioner or any officer or employee of the commission who is designated by the commission, may examine during regular business hours the books, accounts, records, minutes, papers and property of any public utility, motor carrier or broker who does business in this state, whether or not the book, account, record, minutes, paper or property is located within the state.
κ1979 Statutes of Nevada, Page 244 (CHAPTER 172, AB 353)κ
property of any public utility, motor carrier or broker who does business in this state, whether or not the book, account, record, minutes, paper or property is located within the state.
Sec. 5. 1. The commission may collect fees for the filing of any official document required by chapters 703, 704, 704A, 705, 706, 708, 711 and 712 of NRS or by a regulation of the commission.
2. Filing fees may not exceed:
(a) For applications, $200.
(b) For petitions seeking affirmative relief, $200.
(c) For each tariff page which requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.
(d) For all other documents which require public notice, $10.
3. If an application or other document is rejected by the commission because it is inadequate or inappropriate, the filing fee must be returned.
4. The commission may not charge any fee for filing a complaint.
Sec. 6. 1. When a complaint is made against any public utility, common or contract carrier or broker by any person, that any of the rates, tolls, charges or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice or act affecting or relating to the transportation of persons or property, or any service in connection therewith, or the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, and the division of consumer relations is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission. Within 10 days after receipt of the complaint and recommendation, the commission shall provide the public utility, carrier or broker complained against with a copy of the complaint and recommendation. Within a reasonable time thereafter the commission shall investigate the complaint.
2. If, as a result of its investigation, the commission determines that probable cause exists for the complaint, it shall order a hearing thereof, and give notice of the hearing as required by section 7 of this act, and conduct the hearing as it would any other hearing.
3. No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing at which both the complainant and the public utility, carrier or broker are entitled to appear in person or by counsel and be heard, unless a hearing is dispensed with as provided in section 7 of this act.
Sec. 7. 1. When, in any matter pending before the commission, a hearing is required by law, or is normally required by the commission, the commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The commission shall by regulation specify:
(a) The manner of giving notice; and
(b) Where not specified by law, the persons entitled to notice in each type of proceeding.
2. Unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the commission a request that the hearing be held, the commission may dispense with a hearing and act upon the matter pending.
κ1979 Statutes of Nevada, Page 245 (CHAPTER 172, AB 353)κ
request that the hearing be held, the commission may dispense with a hearing and act upon the matter pending.
3. If a request for a hearing is filed, the commission shall give at least 10 days notice of the hearing.
Sec. 8. 1. A full and complete record must be kept of all hearings before the commission, and all testimony must be taken down by the stenographer appointed by the commission, or, under the direction of any competent person appointed by the commission, reported by sound recording equipment in the manner authorized for reporting testimony in district courts. The testimony reported by a stenographer must be transcribed, and the transcript filed with the record in the matter. The commission may by regulation provide for the transcription or safekeeping of sound recordings. Cost of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to section 6 of this act must be paid by the applicant. If a complaint is made pursuant to section 6 of this act by a customer or by a body politic or municipal organization, the complainant is not liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the commission may apportion the costs among them in its discretion.
2. Whenever any complaint is served upon the commission as provided in NRS 704.540 or 706.706 for the bringing of an action against the commission, before the action is reached for trial, the commission shall file a certified copy of all proceedings and testimony taken with the clerk of the court in which the action is pending.
3. A copy of the proceedings and testimony must be furnished to any party, on payment of a reasonable amount, to be fixed by the commission, which amount must be the same for all parties.
Sec. 9. 1. Either party is entitled to an order by the commission for the appearance of witnesses or the production of books, papers and documents containing material testimony.
2. Witnesses appearing upon the order of the commission are entitled to the same fees and mileage as witnesses in civil actions in the courts of the state, and the fees and mileage must be paid out of the state treasury in the same manner as other claims against the state are paid. No fees or mileage may be allowed unless the chairman of the commission certifies the correctness of the claim.
Sec. 10. 1. Any person authorized by law to conduct hearings before the commission may administer oaths to any witness called to testify in any hearing or proceeding before the commission.
2. The commission may require, by order to be served on any person regulated by the commission in the same manner as a subpena in a civil action, the production at a time and place designated by the commission of any books, accounts, papers or records kept by the person in any office or place outside this state, or verified copies in lieu thereof, if the commission so directs, so that an examination may be made by the commission or under its direction, or for use as testimony. If any person fails or refuses to comply with the order, the person is subject to the penalty provided in NRS 704.590, 706.761 or 712.090, as the case may be.
Sec. 11. 1. If any person ordered to appear before the commission as a witness fails to obey the order, the commission or any commissioner or the secretary of the commission may apply to the clerk of the nearest district court for a subpena commanding the attendance of the witness before the commission.
κ1979 Statutes of Nevada, Page 246 (CHAPTER 172, AB 353)κ
or the secretary of the commission may apply to the clerk of the nearest district court for a subpena commanding the attendance of the witness before the commission.
2. The clerk shall issue the subpena, and a peace officer shall serve it.
3. Disobedience to a subpena is a contempt of court and must be punished accordingly.
Sec. 12. 1. The district court for the county in which any investigation or hearing is being conducted by the commission pursuant to the provisions of this Title may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the commission.
2. If any witness refuses to attend or testify or produce any papers required by a subpena the commission may report to the district court for the county in which the investigation or hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpenaed in the manner prescribed in this chapter;
(c) That the witness has failed and refused to attend or produce the papers required by subpena before the commission in the investigation or hearing named in the subpena, or has refused to answer questions propounded to him in the course of the investigation or hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the commission.
3. The court, upon petition of the commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, not more than 10 days from the date of the order, and show cause why he has not attended or testified or produced the books or papers before the commission. A certified copy of the order must be served upon the witness. If it appears to the court that the subpena was regularly issued by the commission, the court shall thereupon enter an order that the witness appear before the commission at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as if in contempt of court.
Sec. 13. NRS 703.150 is hereby amended to read as follows:
703.150 The commission shall supervise and regulate the operation and maintenance of public utilities [, as] and other persons named and defined in [chapter 704 or NRS, in conformity with] chapters 704, 704A, 706, 708, 711 and 712 of NRS pursuant to the provisions of [chapter 704 of NRS.] those chapters.
Sec. 14. NRS 703.230 is hereby amended to read as follows:
703.230 The commission [and the commissioners thereof are authorized to cooperate with the Federal Government, the Department of Transportation and the various boards, commissions and agencies under the Federal Motor Carrier Act, the Federal Communications Commission Act, the Federal Power Act and the Interstate Commerce Commission Act, which Federal departments, agencies and acts provide for certain participation of state commissions or the members thereof in cooperative procedure.] may, in carrying out its duties:
κ1979 Statutes of Nevada, Page 247 (CHAPTER 172, AB 353)κ
1. Cooperate with the Federal Government, its departments and agencies.
2. Confer with the regulatory agencies of other states on matters of mutual concern and benefit to persons served by the public utilities, motor carriers and brokers of this state.
3. Use the services, records, facilities and cooperation of Federal and state regulatory agencies, and hold joint hearings and participate in joint conferences to reach decisions in matters which require cooperation. All necessary expenses incurred in attending hearings and conferences outside the state are a charge against the state, and must be audited and paid as other claims against the state are paid. The claims must be sworn to by the commissioner who incurred the expense and approved by the chairman.
Sec. 15. NRS 703.290 is hereby amended to read as follows:
703.290 1. A division of consumer relations is hereby established within the commission.
2. Pursuant to regulations adopted by the commission, the division of consumer relations shall:
(a) Receive and investigate complaints made against any public utility [;] , motor carrier or broker;
(b) Conduct appropriate investigations of [utility company] the service practices [;] of utility companies and motor [and] , carriers and brokers;
(c) Perform such other functions as are required by law or as the commission deems appropriate.
Sec. 16. NRS 704.285 is hereby amended to read as follows:
704.285 1. The commission, upon its own information or knowledge or upon a complaint by any person, firm, partnership or corporation that any public utility is acting in violation of the provisions of NRS 179.410 to 179.515, inclusive, or NRS 200.610 to 200.690, inclusive, or is knowingly allowing another person to violate [such] those provisions, shall proceed without notice to make an investigation of [such] the information or complaint.
2. If, after [such] its investigation, the commission determines that there is probable cause to believe that the utility is acting in violation of the provisions of NRS 179.410 to 179.515, inclusive, or NRS 200.610 to 200.690, inclusive, or allowing another to act in violation of [such] those provisions, the commission shall forthwith issue a cease and desist order to [such] the utility. The order [shall become] is permanent unless the utility, within 20 days after receipt [thereof,] of the order, files a written request for a hearing with the commission.
3. When a written request for a hearing is filed pursuant to subsection 2, the commission shall conduct the hearing pursuant to the provisions of [NRS 704.450 to 704.520, inclusive.] sections 7 to 12, inclusive, of this act.
4. If, as the result of [such] a hearing, it is determined that the utility is acting in violation of the provisions of NRS 179.410 to 179.515, inclusive, or NRS 200.610 to 200.690, inclusive, or allowing another to act in violation of [such] those provisions, the commission shall issue a permanent cease and desist order and notify the district attorney of the county where the violation occurred of [such] its determination.
κ1979 Statutes of Nevada, Page 248 (CHAPTER 172, AB 353)κ
5. This section is applicable whether or not the utility involved is required to have a certificate of public convenience and necessity from the commission.
Sec. 17. NRS 704.660 is hereby amended to read as follows:
704.660 1. Any [person, firm, association or corporation who or which, as a] public utility [, is or may hereafter be engaged in the business of furnishing,] which furnishes, for compensation, any [city, town, village or hamlet within this state with] water for domestic purposes shall [be lawfully bound to furnish such] furnish each city, town, village or hamlet which it serves with a reasonably adequate supply of water at reasonable pressure for fire protection and at reasonable rates, all to be fixed and determined by the commission.
2. The duty to furnish a reasonably adequate supply of water provided for in subsection 1 [shall be deemed to include] includes the laying of mains with all necessary connections for the proper delivery of the water for fire protection and also the installing of [such appliances as will] appliances to assure a reasonably sufficient pressure for [such purpose.] fire protection.
3. The commission [shall have full power and authority to] may fix and determine reasonable rates [for the service herein provided for, and to] and prescribe all installations and appliances [fairly] adequate for the proper utilization and delivery of water for [the purpose named.] fire protection. The commission [shall also have authority to prescribe rules,] may adopt regulations and practices to be followed by [any of the persons mentioned in subsection 1] a utility in furnishing water for fire protection, and [shall have] has complete jurisdiction of all questions arising under the provisions of this section.
4. All proceedings under this section [shall be in conformity with the provisions of] must be conducted pursuant to NRS 704.010 to 704.640, inclusive [.] , and sections 7 to 12, inclusive, of this act. All violations of any order made by the commission under the provisions of this section [shall be] are subject to the penalties for like violations of the provisions of NRS 704.010 to 704.640, inclusive.
5. This section [shall be deemed to apply to and govern] applies to and governs all public utilities furnishing water for domestic use on March 26, 1913, unless otherwise expressly provided in the charters, franchises or permits under which [such] those utilities are acting. [, and it is specifically provided that all persons, firms, associations or corporations engaging in the business of a] Each public utility [to supply any city, town, village or hamlet with] which supplies water for domestic uses after March 26, 1913, [shall be] is subject to the provisions of this section, regardless of any conditions to the contrary in any charter, franchise or permit of whatever character granted by any county, city, town, village or hamlet within this state, or of any charter, franchise or permit granted by any authority outside [the State of Nevada.] this state.
Sec. 18. NRS 704.675 is hereby amended to read as follows:
704.675 Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying [such] those services for the use of its own members only is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the commission for the purposes of section 3 of this act, NRS 704.033, 704.035, [704.180,] 704.330, 704.350 to 704.430, inclusive, but [shall not be subject] not to any other jurisdiction, control and regulation of the commission or to the provisions of any section not specifically mentioned in this section.
κ1979 Statutes of Nevada, Page 249 (CHAPTER 172, AB 353)κ
the commission for the purposes of section 3 of this act, NRS 704.033, 704.035, [704.180,] 704.330, 704.350 to 704.430, inclusive, but [shall not be subject] not to any other jurisdiction, control and regulation of the commission or to the provisions of any section not specifically mentioned in this section.
Sec. 19. NRS 706.711 is hereby amended to read as follows:
706.711 1. A court of competent jurisdiction may issue an injunction suspending or staying any order of the commission relating to rates, fares, tolls, charges, schedules, tariffs, classification, joint rate or rates, or any order fixing any regulations, practices or services only if:
(a) The applicant has first given notice to the commission within 20 days after the rendition of the order of the commission complained of; and
(b) The court has held a hearing of the petition within 20 days after the notice to the commission was given.
[In any event the] The decision of the commission on each matter considered [shall] must be deemed reasonable and just until set aside by the court, and in all actions for injunction or otherwise the burden of proof [shall be] is upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful, or unreasonable, as the case may be.
2. If an injunction is granted by the court and the order complained of is one which permanently suspends a schedule of rates and charges or a part thereof filed by any motor carrier pursuant to [NRS 706.316] NRS 706.321 to 706.346, inclusive, or which otherwise prevents [such] the schedule or part thereof from taking effect, the motor carrier complaining may keep in effect or cause to be put into effect, as the case may be, the suspended schedule or part thereof pending final determination by the court [having jurisdiction,] by filing a bond with the court in such amount as the court may fix, conditioned upon the refund to persons entitled thereto of the amount of the excess if the rate or rates so suspended are finally determined by the court to be excessive.
3. Upon the final determination of the court that the rate or rates in question are excessive and the motor carrier has collected [such] an excessive rate or rates, the motor carrier shall compute and pay the excess or overpayment of the rate or rates as to each person within 120 days [from and] after the entry of final judgment of the court.
4. Within 150 days after the entry of final judgment, the motor carrier shall prepare and file with the commission a statement and report in affidavit form stating that all persons entitled to refunds have been paid, and if there are persons to whom payment has not or cannot be made, the names, addresses and individual amounts of refunds [shall] must be listed in [such] the report, and the motor carrier shall pay the aggregate of all [such unpaid] refunds to the commission.
5. The commission shall retain [such aggregate] the refunds subject to the claim of each person for his or its share in the refund payment and [shall] pay all [such] those claims which are presented for payment within 2 years [from and] after the date of entry of final judgment of the court. [All such claimants shall be required to identify themselves] Each claimant must identify himself to the satisfaction of the commission before payment [shall] may be made.
κ1979 Statutes of Nevada, Page 250 (CHAPTER 172, AB 353)κ
6. Any person has a right of action against the commission in the event of a refusal of the commission to pay his [or its] claim if [the name of such person] his name appears in the report filed by the motor carrier. Action against the commission must be brought within 6 months [from and] after the refusal to pay the claim.
7. The commission shall investigate every case in which a claim is presented to it by a person claiming a refund but whose name does not appear in the report of the motor carrier, and if the investigation results in a refusal by the motor carrier to pay [such] the claim, then the claimant has a right of action against the motor carrier.
8. Any unclaimed money remaining in the custody of the commission at the expiration of the 2-year period [escheat] escheats to the state.
Sec. 20. NRS 703.220, 704.0391, 704.180, 704.200, 704.290, 704.450 to 704.520, inclusive, 706.236, 706.241, 706.261, 706.316, 706.336 and 706.376 are hereby repealed.
Sec. 21. This act shall become effective at 12:01 a.m. on July 1, 1979.
________
Assembly Bill No. 356Assemblyman Dini
CHAPTER 173
AN ACT relating to public employees retirement; allowing retired employee to change certain retirement options and designate his current spouse as his beneficiary; allowing a retired employee to revert from a selected option to the unmodified allowance; and providing other matters properly relating thereto.
[Approved April 23, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 286.590 is hereby amended to read as follows:
286.590 1. The alternatives to an unmodified service retirement allowance are as follows:
(a) Option 2 consists of a reduced service retirement allowance payable during the retired employees life, with the provision that, except as provided in subsection 5, it [shall] continue after his death for the life of the beneficiary whom he nominates by written designation duly acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
(b) Option 3 consists of a reduced service retirement allowance payable during the retired employees life, with the provision that it continue after his death at one-half the rate paid to him and, except as provided in subsection 5, be paid for the life of the beneficiary whom he nominates by written designation duly acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
(c) Option 4 consists of a reduced service retirement allowance payable during the retired employees life, with the provisions that, except as provided in subsection 5, it [shall] continue after his death for the life of his beneficiary, whom he nominates by written designation duly acknowledged and filed with the board at the time of the election, should his beneficiary survive him, but no payment [shall] may be made to the surviving beneficiary [prior to] before the attainment by the surviving beneficiary of age 60.
κ1979 Statutes of Nevada, Page 251 (CHAPTER 173, AB 356)κ
acknowledged and filed with the board at the time of the election, should his beneficiary survive him, but no payment [shall] may be made to the surviving beneficiary [prior to] before the attainment by the surviving beneficiary of age 60. If a beneficiary designated under this option dies after the date of the retired employees death but before attaining age 60, the contributions of the retired employee which have not been returned to him or his beneficiary [shall] must be paid to the estate of the deceased beneficiary.
(d) Option 5 consists of a reduced service retirement allowance payable during the retired employees life, with the provision that it [shall] continue after his death at one-half the rate paid to him and, except as provided in subsection 5, be paid for the life of his beneficiary whom he nominates by written designation duly acknowledged and filed with the board at the time of the election, should his beneficiary survive him, but no payments [shall] may be made to the surviving beneficiary [prior to] before the attainment by the surviving beneficiary of age 60. If a beneficiary designated hereunder dies after the date of the retired employees death but before attaining age 60, the contributions of the retired employee which have not been returned to him or his beneficiary [shall] must be paid to the estate of the deceased beneficiary.
2. If a member enters retirement status under one of the optional plans described in this section and the duly designated beneficiary predeceases the retired employee, the retired employees monthly service retirement allowance [shall] must be automatically adjusted to the unmodified service retirement allowance provided in NRS 286.551. Upon receipt of the beneficiarys death certificate, the service retirement allowance [shall] must be adjusted beginning on the first of the month immediately following the death of the beneficiary.
3. [A] Except as provided in subsection 5, a retired employee may not change the selected option or designated beneficiary after the effective date of retirement.
4. A retired employee who selects an unmodified service retirement allowance may relinquish his right to that allowance and apply for a refund of his remaining contributions at any time. A retired employee who selects one of options 2 to 5, inclusive, may relinquish his right and the right of the beneficiary under that option, and apply for a refund of his remaining contributions at any time. If the designated beneficiary is the spouse of the retired employee, or if the right of the beneficiary is the subject of a court order, the retired employee shall provide an acknowledged release by the beneficiary of any claim against the system or the employees contributions when applying for a refund.
5. A retired employee receiving the unmodified service retirement allowance may change his selected option and designate his current spouse as the beneficiary. The retired employee shall make this election by written designation, duly acknowledged and filed with the board and shall receive a reduced service retirement allowance actuarially based on his current allowance and his life expectancy and the life expectancy of the beneficiary. The total amount, exclusive of post-retirement allowances, paid to the retired employee and the named beneficiary pursuant to this subsection must not exceed the amount, exclusive of post-retirement allowances, which would have been paid to the retired employee if he had continued the unmodified service retirement allowance until his death.
κ1979 Statutes of Nevada, Page 252 (CHAPTER 173, AB 356)κ
if he had continued the unmodified service retirement allowance until his death.
6. A retired employee may cancel his selected option and designation of beneficiary and revert to the unmodified service retirement allowance. He shall make this election by written designation, duly acknowledged and filed with the board. The election to cancel a selected option and revert to the unmodified allowance does not abrogate any obligation of the retired employee respecting community property.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 414Assemblyman Prengaman
CHAPTER 174
AN ACT relating to administration of mental health and mental retardation programs; expanding the provisions for safekeeping of a clients money and personal property to include clients of all division facilities; and providing other matters properly relating thereto.
[Approved April 23, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. There may be maintained at each division facility a fund to be known as the clients personal deposit fund.
2. Money coming into the possession of the administrative officer of a division facility which belongs to a client must be deposited in the fund in the name of that client.
3. When practicable, individual credits in the fund must not exceed the sum of $300.
4. Any amounts to the credit of a client may be used for purchasing personal necessities, for expenses of burial or may be turned over to the client upon his demand, except that when the client is adjudicated mentally incompetent the guardian of his estate has the right to demand and receive the money.
5. An amount accepted for the benefit of a client for a special purpose must be reserved for that purpose regardless of the total amount to the credit of the client.
6. Except as provided in subsection 7, the administrative officers shall deposit the fund for their respective facilities in commercial accounts with banks of reputable standing. When deposits in a commercial account exceed $15,000, the administrative officer may deposit the excess in a savings account paying interest in any reputable commercial bank, or in any federally insured savings and loan association which is a stock company and not a mutual association, within the state. The savings account must be in the name of the fund. Interest paid on deposits in the savings account may be used for recreational purposes at the division facility.
κ1979 Statutes of Nevada, Page 253 (CHAPTER 174, AB 414)κ
7. The administrative officers may maintain at their respective division facilities petty cash of not more than $400 of the money in the clients personal deposit fund to enable clients to withdraw small sums from their accounts.
Sec. 3. Whenever any person admitted to a division facility dies, the administrative officer shall send written notice to the decedents legally appointed representative, listing the personal property remaining in the custody or possession of the facility. If there is no demand made upon the administrative officer of the facility by the decedents legally appointed representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be held by him for a period of 1 year from the date of the decedents death for the benefit of the heirs, legatees or successors of the decedent. At the end of this period, another notice must be sent to the decedents representative, listing the property and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, all personal property and documents of the decedent, other than cash, remaining unclaimed in the possession of the administrative officer must be disposed of as follows:
1. All documents must be filed by the administrative officer with the public administrator of the county from which the client was admitted.
2. All other personal property must be sold at a public auction or by sealed bids. The proceeds of the sale must be applied to the decedents unpaid balance for costs incurred at the division facility.
Sec. 4. If a person admitted to a division facility is discharged or leaves and he fails to recover personal property worth more than $100 in the custody of the administrative officer of the facility, the administrative officer shall notify the former client or his legal representative in writing that personal property remains in the custody of the facility. The property must be held in safekeeping for the client for a period of 1 year from the date of discharge. If upon the expiration of the 1-year period no claim has been made upon the administrative officer by the person or his legal representative, another notice must be sent to the person or his legal representative, stating the fact that personal property remains in the custody of the facility, and specifying the manner in which the property will be disposed of it not claimed within 15 business days. After 15 business days, the property may be considered unclaimed property and be disposed of in the manner provided for unclaimed property of deceased persons under the provisions of section 3 of this act.
Sec. 5. If, upon the death or release of a person admitted to a division facility, the value of unclaimed personal property in the possession of the administrative officer of the facility is so minimal that it cannot be sold at public auction or by sealed bid and if the property, either in its present condition or in an improved condition, cannot be used by the division facility, the administrative officer may order the personal property destroyed.
Sec. 6. NRS 433A.700, 433A.710, 433A.720 and 433A.730 are hereby repealed.
________
κ1979 Statutes of Nevada, Page 254κ
Assembly Bill No. 430Committee on Government Affairs
CHAPTER 175
AN ACT relating to vehicle licensing; permitting agreements with other states for exchange of license plates for investigators of certain law enforcement agencies; and providing other matters properly relating thereto.
[Approved April 23, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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] These plates must be provided at cost and [shall] must be displayed on [such] the vehicles in the same manner as provided for privately owned vehicles.
2. License plates furnished for:
(a) [Such automobiles as] Those automobiles which are maintained for and used by the governor or under the authority and direction of the 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:
(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 officers; and
(7) Police departments in the state,
shall not bear any distinguishing mark which would serve to identify [such] the automobiles as owned by the state, county or city. [Notwithstanding the provisions of subsection 1, such] These license plates [shall] must be issued annually for $5.50 per set.
3. The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (c) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph may not be charged.
4. Applications for [such licenses shall] the licenses must 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] the vehicles, and no plate or plates may be issued until a certificate 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] those automobiles [as are] enumerated in subsection 2.
κ1979 Statutes of Nevada, Page 255 (CHAPTER 175, AB 430)κ
of the city, owning or controlling [such] the vehicles, and no plate or plates may be issued until a certificate 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] those automobiles [as are] enumerated in subsection 2.
[4.] 5. For the purposes of this section, exempt vehicle means a vehicle owned by the State of Nevada or any of its political subdivisions.
________
Assembly Bill No. 478Committee on Government Affairs
CHAPTER 176
AN ACT relating to the public employees retirement system; making technical corrections; providing a salary for the interim retirement committee; and providing other matters properly relating thereto.
[Approved April 23, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 286.031 is hereby amended to read as follows:
286.031 Disability retirement allowance means monthly payments from the public employees retirement fund or the police and firemens retirement fund paid to disabled [members.] retired employees.
Sec. 2. NRS 286.065 is hereby amended to read as follows:
286.065 Post-retirement increase means the monthly cost-of-living increase added to the monthly payments of:
1. Persons receiving disability retirement allowances or service retirement allowances;
2. Beneficiaries of deceased members receiving allowances; and
3. Persons receiving monthly [survivor benefit allowances,] benefits for survivors,
pursuant to the terms of this chapter.
Sec. 3. NRS 286.070 is hereby amended to read as follows:
286.070 1. Public employer means the state, one of its agencies or one of its political subdivisions, the system, irrigation districts created under the laws of the State of Nevada, [the Las Vegas Valley Water District, created pursuant to chapter 167, Statutes of Nevada 1947, as amended,] a nonprofit corporation to which a public hospital has been conveyed or leased pursuant to NRS 450.500, the Nevada interscholastic activities association and a council of governments created pursuant to the laws of the State of Nevada.
2. State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit funds with the state treasurer.
κ1979 Statutes of Nevada, Page 256 (CHAPTER 176, AB 478)κ
Sec. 4. NRS 286.080 is hereby amended to read as follows:
286.080 Service retirement allowance means monthly payments from the public employees retirement fund or the police and firemens retirement fund paid to a [retiree] retired employee for the remainder of his life.
Sec. 5. NRS 286.113 is hereby amended to read as follows:
286.113 1. There is hereby created an interim retirement committee of the legislature composed of:
(a) Three members of the senate, one of whom is the chairman of the committee on finance during the preceding session and two of whom shall be appointed by the majority leader of the senate.
(b) Three members of the assembly, one of whom is the chairman of the committee on ways and means and two of whom shall be appointed by the speaker.
2. The immediate past chairman of the committee on ways and means shall be the chairman of the interim retirement committee for the period ending with the convening of the 60th session of the legislature. The immediate past chairman of the committee on finance shall be the chairman of the interim retirement committee during the next legislative interim, and the chairmanship shall continue to alternate between the houses of the legislature according to this pattern.
3. The interim retirement committee exists only when the legislature is not in regular or special session. During those times, it shall meet at the call of the chairman to review the operation of the system and to make recommendations to the board, the legislative commission and the legislature.
4. The director of the legislative counsel bureau shall provide a secretary for the interim retirement committee. Each member of the committee is entitled to a salary of $40 for each day or part of a day during which he attends a committee meeting or is otherwise engaged in the work of the committee. Per diem allowances, salary and travel expenses of members of the committee shall be paid from the legislative fund.
Sec. 6. NRS 286.220 is hereby amended to read as follows:
286.220 1. The board shall establish a fund known as the public employees retirement fund.
2. It is hereby declared to be the policy of the legislature that the public employees retirement fund is a trust fund established to afford a degree of security to long-time public employees of the state and its political subdivisions. The moneys in the fund shall not be used or appropriated for any purpose incompatible with the public employees retirement system policy, as expressed in NRS 286.015. The fund shall be invested and administered to assure the highest return consistent with safety in accordance with accepted investment practices.
3. Moneys in the public employees retirement fund shall be expended by the board for the purpose of paying:
(a) Service retirement allowances;
(b) Disability retirement allowances;
(c) Post-retirement allowances;
(d) [Survivor benefits;] Benefits for survivors;
(e) Authorized refunds to members and their beneficiaries; [and]
κ1979 Statutes of Nevada, Page 257 (CHAPTER 176, AB 478)κ
(f) Amounts equivalent to disability retirement allowances to be used by employers for rehabilitation [purposes,] ; and
(g) Allowances to beneficiaries,
and for the payment of expenses authorized by law to be paid from such retirement fund.
4. Contributions from members and from participating public employers to the public employees retirement fund shall be deposited in a bank of reputable standing in the State of Nevada. Such deposits shall be secured [by a depository bond.] in a manner satisfactory to the board.
5. All checks drawn upon the public employees retirement fund shall be signed by two persons designated by the board. [Such persons shall furnish a bond in an amount determined by the board.]
Sec. 7. NRS 286.225 is hereby amended to read as follows:
286.225 1. The board shall establish a separate retirement fund known as the police and firemens retirement fund.
2. All refunds, disability retirement [, survivor benefits,] allowances, benefits for survivors, and service retirement [benefits] allowances paid to police officers and firemen and their beneficiaries shall be paid from the police and firemens retirement fund.
3. All contributions paid by and for police officers and firemen shall be credited to the police and firemens retirement fund.
4. The police and firemens retirement fund shall be administered by the board and is subject to all restrictions and regulations applicable to the board.
5. Any post-retirement increase appropriated by the legislature in accordance with this chapter, shall be paid to eligible retired police officers and firemen and their beneficiaries from any such appropriation.
6. Investment return on moneys in the police and firemens retirement fund shall be deposited in that fund at the end of each fiscal year based on annual average yield of the system.
7. The board shall transfer appropriate employee and employer contributions made by and for members who transfer to and from the public employees retirement fund and the police and firemens retirement fund.
Sec. 8. NRS 286.300 is hereby amended to read as follows:
286.300 1. Any member of the system may purchase all previous creditable service performed with his present employing agency if such service was performed prior to the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the systems actuary for a computation of costs and pay the full cost as determined by the actuary.
2. Any member who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal public system if that service is no longer creditable in the other system. To validate such service, the member must obtain a certification of the inclusive dates of previous service performed with the other public system, together with certification from that system that this credit is no longer creditable in the other system and that the other system agrees to notify the Nevada system if this service ever becomes reestablished by the member.
κ1979 Statutes of Nevada, Page 258 (CHAPTER 176, AB 478)κ
performed with the other public system, together with certification from that system that this credit is no longer creditable in the other system and that the other system agrees to notify the Nevada system if this service ever becomes reestablished by the member. The member must pay the systems actuary for the computation and pay the full actuarial costs as determined by the actuary.
3. Any member who has at least 5 years of contributing creditable service may purchase up to 5 years of military service regardless of when served if such service is no longer credited in the military retirement system. To validate military service, the member must provide certification of the inclusive dates of active military service performed, pay the systems actuary for the computation and pay the full actuarial cost as determined by the actuary.
4. Any contributing member may purchase previous service performed for any public employer, including service as an elected officer or a person appointed to an elective office for an unexpired term. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate such service. The member must pay the systems actuary for a computation of cost and pay the full cost as determined by the actuary.
5. A member who provides proper documentation and establishes the right to purchase any of the service listed in this section may defer payment until actual retirement. Under this subsection, the purchase of service shall be based on the normal employee and employer contribution rates which are in effect at the time of the members retirement times his final average salary and without interest. Service purchased under this subsection shall not be credited until retirement, nor shall it be considered as validated service to provide eligibility for vesting, [survivor benefits] benefits for survivors or disability retirement. This service can be used for regular retirement eligibility.
6. The employing agency may pay the employer share of the cost to validate service under this section, but is not required to do so. No credit, however, shall be validated unless both the employer and employee contributions have been paid.
7. The member or public employer, or both, purchasing credit under this section shall pay the full current administrative fees for each month of service purchased.
Sec. 9. NRS 286.430 is hereby amended to read as follows:
286.430 1. A member may withdraw the employee contributions credited to his individual account if:
(a) He has terminated service for which contribution is required; or
(b) He is employed in a position for which contribution is prohibited.
2. The system shall not refund these contributions until it has received:
(a) A properly completed application for refund;
(b) A notice of termination from the members public employer or a certification by the public employer that the member is employed in a position for which contribution is prohibited;
(c) Except as otherwise provided in subsection 3, all contributions withheld from such members compensation.
κ1979 Statutes of Nevada, Page 259 (CHAPTER 176, AB 478)κ
3. A refund of a members contributions may be made [prior to] before receipt by the system of all contributions withheld from a members compensation if the members public employer certifies to the amount of contributions withheld but not yet remitted to the system and to such public employers responsibility for such remittance.
4. Refunds, pursuant to this section, shall be made by check mailed to the address specified by a member in his application for refund.
5. All membership rights and active service credit in the system, including service for which the public employer paid the employee contributions, are canceled upon [receipt of an application for refund at the retirement system office.] the withdrawal of contributions from a members account.
Sec. 10. NRS 286.541 is hereby amended to read as follows:
286.541 1. Applications for service retirement allowances or disability retirement allowances must be submitted to the offices of the system on forms approved by the executive officer. The form shall not be deemed filed unless it contains the members selection of the retirement plan contained in NRS 286.551 or one of the optional plans provided in NRS 286.590.
2. [For purposes of this chapter, retirement becomes effective on:
(a) The day immediately following the applicants last day of employment; or
(b) The day the application is filed with the system,
whichever is later.] Retirement becomes effective on whichever of the following days is the later:
(a) The day immediately following the applicants last day of employment;
(b) The day the completed application form is filed with the system;
(c) The day immediately following the applicants last day of creditable service; or
(d) The effective date of retirement specified on the application form.
Sec. 11. NRS 286.575 is hereby amended to read as follows:
286.575 1. A post-retirement allowance shall be paid from the public employees retirement fund or the police and firemens retirement fund to each member receiving a disability allowance or service retirement allowance from that fund under the provisions of this chapter in the amount and manner provided and from time to time adjusted by law. Each member whose allowance was increased after his retirement by payments for years of service in excess of 20 years is entitled to receive an increase based upon his adjusted allowance.
2. Post-retirement allowances shall be considered a part of a retired employees monthly benefit and included in the [benefit paid to a survivor] allowance paid to a beneficiary under one of the optional plans provided in NRS 286.590.
Sec. 12. NRS 286.665 is hereby amended to read as follows:
286.665 1. Any contributions remaining in a members, retired employees or beneficiarys individual account shall be transferred to the public employees retirement fund or the police and firemens retirement fund upon the death of the member, retired [person] employee or beneficiary if there is no heir, devisee or legatee capable of receiving the money.
κ1979 Statutes of Nevada, Page 260 (CHAPTER 176, AB 478)κ
beneficiary if there is no heir, devisee or legatee capable of receiving the money.
2. If, within 6 years after any transfer under subsection 1, any person appears and claims any money which was transferred to a retirement fund, the claimant may file a petition in the district court for Carson City stating the nature of his claim, with an appropriate prayer for the relief demanded. A copy of the petition shall be served upon the attorney general before or at the time of filing it. Within 20 days after service, the attorney general shall appear in the proceeding and respond to the petition. If, after examining all the facts, the attorney general is convinced that the [state] system has no legal defense against the petition, he may, with the consent of the court, confess judgment on behalf of the [state.] system.
3. If judgment is not confessed, the petition shall be considered at issue on the 20th day after its filing, and may be heard by the court on that day, or at such future day as the court may order. Upon the hearing, the court shall examine into the claim and hear the allegations and proofs. If the court finds that the claimant is entitled to any money transferred under subsection 1 to a retirement fund, it shall order the public employees retirement board to pay such money forthwith to the claimant, but without interest or cost to the board.
4. All persons, except minors and persons of unsound mind, who fail to appear and file their petitions within the time limited in subsection 2 are forever barred. Minors and persons of unsound mind may appear and file their petitions at any time within 5 years after their respective disabilities are removed.
Sec. 13. NRS 286.676 is hereby amended to read as follows:
286.676 1. Except as limited by subsection 2, the spouse of a deceased member [who was fully eligible to retire but had not retired] whose allowance was fully vested, is entitled to receive a monthly allowance equivalent to that provided by Option 3 in NRS 286.590. For purposes of applying the provisions of Option 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under Option 3. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection shall be paid to the spouse for the remainder of such spouses life. The spouse is entitled to receive the benefits provided by this section or by NRS 286.674, whichever provides the greater benefit.
2. The benefit payable to the spouse of a member who died before May 19, 1975, is limited to a spouse who received at least 50 percent of his support from the member during the 6 months immediately preceding the members death and to the amounts provided in this subsection. If, at the time of his death, such a member had 15 or more years of service, his spouse, upon attaining the age of 60 years, may receive the sum of $100 per month or 50 percent of the average salary received by the deceased member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. If, at the time of his death, a member had 20 or more years of service and did not elect an optional retirement plan as offered in this chapter, his spouse, upon attaining the age of 60 years, may receive $125 per month or 50 percent of the average salary received by such member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less.
κ1979 Statutes of Nevada, Page 261 (CHAPTER 176, AB 478)κ
attaining the age of 60 years, may receive $125 per month or 50 percent of the average salary received by such member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. Payments, or the right to receive payments, shall cease upon the death or remarriage of the spouse. Benefits under this section shall not be renewable following termination.
Sec. 14. NRS 286.6793 is hereby amended to read as follows:
286.6793 All retirement [or survivor benefits] allowances or benefits for survivors offered pursuant to this chapter become vested on the date that the employee completes 10 years of creditable service or becomes entitled to begin receiving such benefits or on the date of his death, whichever event occurs first. Unless otherwise specifically provided by the amendatory act, any change in the provisions of this chapter is retroactive for all service of any member prior to the date of vesting, but no such change may impair any vested allowance or benefit.
Sec. 15. NRS 218.2392 is hereby amended to read as follows:
218.2392 1. The provisions of NRS 286.671 to [286.6792,] 286.6791, inclusive, except NRS 286.6775, relating to [survivor] benefits for survivors under the public employees retirement system, are applicable to a legislators dependents, and such [survivor] benefits for survivors shall be paid by the board following the death of a legislator to the persons entitled thereto from the legislators retirement fund.
2. It is declared that of the contributions required by subsections 1 and 2 of NRS 218.2387 one-half of 1 percent shall be regarded as costs incurred in [survivor] benefits [.] for survivors.
Sec. 16. NRS 286.570 and 286.6792 are hereby repealed.
________
Assembly Bill No. 500Committee on Ways and Means
CHAPTER 177
AN ACT relating to the Lost City museum; transferring certain functions relating to this museum from the division of buildings and grounds to the board of trustees of the Nevada state museum; and providing other matters properly relating thereto.
[Approved April 23, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 381.270 is hereby amended to read as follows:
381.270 1. [Subject to the provisions of subsection 2, the chief of the buildings and grounds division of the department of general services] The board of trustees of the Nevada state museum shall manage and control the Lost City museum.
2. The board of trustees, for and on behalf of the Lost City museum, may accept gifts, devises or bequests of real or personal property from any source and may use [the same] them in any manner consistent with the purposes of the museum.
κ1979 Statutes of Nevada, Page 262 (CHAPTER 177, AB 500)κ
[2. No gift, devise or bequest shall be accepted by the chief of the buildings and grounds division for the Lost City museum, whether or not such gift, devise or bequest may confer a benefit upon the people of the State of Nevada, unless prior legislative approval in the form of a concurrent resolution is obtained.]
________
Senate Bill No. 37Committee on Government Affairs
CHAPTER 178
AN ACT relating to elections; making various changes to the election laws; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Any withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within 5 working days following the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.
Sec. 3. In any township which has more than one justice of the peace, each department is a separate office for the purposes of nominating and electing the justice of the peace of that department.
Sec. 4. NRS 293.010 is hereby amended to read as follows:
293.010 As used in this Title, unless the context otherwise requires, the words [shall] and terms defined in NRS 293.013 to 293.121, inclusive, have the meanings [assigned in NRS 293.013 to 293.125, inclusive.] ascribed to them in those sections.
Sec. 5. NRS 293.128 is hereby amended to read as follows:
293.128 To qualify as a political party any organization shall, under a common name or designation, file a petition with the secretary of state not less than 60 days [prior to] before any primary election signed by a number of registered voters equal to or more than 5 percent of the entire number of votes cast at the last preceding general election for Representative in Congress, declaring that they represent a political party or principle the name of which is stated in the petition, and that they desire to participate and nominate candidates in the primary election. The names of the voters need not all be on one petition, but each petition [shall] must be certified by at least one [signer thereof] of its signers to the effect that the signers [were] are registered voters of the state [as of the last general election] according to his best information and belief.
Sec. 6. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as provided in NRS 293.165, no name may be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m.
κ1979 Statutes of Nevada, Page 263 (CHAPTER 178, SB 37)κ
named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m. of the 3rd Wednesday in July.
2. A declaration of candidacy or an acceptance of candidacy required to be filed by this section [shall] must be in substantially the following form:
Declaration of Candidacy of .............. for the
Office of ..................
|
State of Nevada
County of............................. |
} |
ss. |
For the purpose of having my name placed on the official primary ballot as a candidate for the ...................... Party nomination for the office of .........................., I, the undersigned ........................., do swear (or affirm) that I reside at No. ............, ........... Street, in the City (or Town) of ......................., County of ...................., State of Nevada; that I am a registered voter of the election precinct in which I reside; that my actual, as distinguished from constructive, residence therein began on a date 30 days or more prior to the date of close of filing of declarations of candidacy for this office; that I am registered as a member of the ..................... Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since September 1 prior to the closing filing date for this election; that I believe in and intend to support the principles and policies of such political party in the coming election; that if nominated as a nonpartisan candidate or as a candidate of the ................... Party at the ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns 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] must not be shown on the declaration of candidacy.
Sec. 7. NRS 293.247 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 264 (CHAPTER 178, SB 37)κ
293.247 1. The secretary of state shall adopt regulations, not inconsistent with the election laws of this state, for the conduct of primary, [and] general, special and district elections in all counties.
2. Such regulations shall prescribe:
(a) The duties of election boards;
(b) The type and amount of election supplies;
(c) The manner of printing ballots and the number of [such] ballots to be distributed to precincts and districts;
(d) The method to be used in distributing ballots to precincts and districts;
(e) The method of inspection and the disposition of ballot boxes;
(f) The form and placement of instructions to voters;
(g) The recess periods for election boards;
(h) The size, lighting and placement of voting booths;
(i) The amount and placement of guardrails and other furniture and equipment at voting places;
(j) The disposition of election returns;
(k) The procedures to be used for canvasses, ties, recounts and contests; and
(l) Such other matters as determined necessary by the secretary of state.
3. The secretary of state may provide [such] interpretations and take [such] other actions [as are] necessary for the [implementation and] effective administration of the statutes and regulations governing the conduct of primary, [and] general, special and district elections in this state.
4. The secretary of state shall prepare and distribute to county clerks the election officers digest and instructions for election boards, and copies of any attorney generals opinions or any state or federal court decisions which affect state election laws or regulations whenever any [such] of those opinions or decisions become known to the secretary of state.
Sec. 8. 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] must appear on the primary ballot of the political party designated.
[3. The names of candidates for nonpartisan offices shall appear on all nonpartisan ballots.]
2. The county clerk may choose to place the names of candidates for nonpartisan offices on the ballots for each political party or on a separate nonpartisan primary ballot, but the arrangement which he selects must permit all registered voters to vote on them.
Sec. 9. NRS 293.260 is hereby amended to read as follows:
293.260 1. Where there is no contest for nomination to a particular office, neither the title of the office nor the name or names of the candidates shall appear on the ballot.
2. If only one political party has candidates for [an office or offices,] a particular office, the candidates of [such] that party who receive the highest number of votes at [such primary,] the primary election, not to exceed twice the number to be elected to [such] that office [or offices] at the general election, [shall] must be declared the nominees for the office.
κ1979 Statutes of Nevada, Page 265 (CHAPTER 178, SB 37)κ
a particular office, the candidates of [such] that party who receive the highest number of votes at [such primary,] the primary election, not to exceed twice the number to be elected to [such] that office [or offices] at the general election, [shall] must be declared the nominees for the office. [or offices.]
3. Where no more than the number of candidates to be elected have filed for nomination for any office, the names of [such candidates shall] those candidates must be omitted from all primary election ballots and placed on all general election ballots.
4. If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the primary election ballot. Those candidates who receive the highest number of votes at the primary election, not to exceed twice the number to be elected, must be declared nominees for the office.
Sec. 10. NRS 293.263 is hereby amended to read as follows:
293.263 On political party primary ballots the name of the particular political party [shall] must appear at the top of the ballot. Following this designation [shall] must appear the names of candidates grouped alphabetically under the title and length of term of the partisan office for which [such] those candidates filed.
Sec. 11. NRS 293.265 is hereby amended to read as follows:
293.265 On nonpartisan primary ballots there [shall] must appear at the top of the ballot the designation Candidates for nonpartisan offices. Following this designation [shall] must appear the names of candidates grouped alphabetically under the title and length of term of the nonpartisan office for which [such] those candidates filed.
Sec. 12. NRS 293.267 is hereby amended to read as follows:
293.267 1. General election ballots [shall] must contain the names of candidates who were nominated at the primary election and the names of independent candidates.
2. Names of candidates [shall] must be grouped alphabetically under the title and length of term of the office for which [such] those candidates filed.
3. Except as provided in subsection 4:
(a) Immediately following the name of each candidate for a partisan office [shall] must appear the name of his political party or the word independent, as the case may be.
(b) Immediately following the name of each candidate for a nonpartisan office [shall] must appear the word nonpartisan.
4. [In prescribing the form of ballot labels,] Where a system of voting other than by paper ballot is used, the secretary of state may provide for any placement of the name of the political party or the word independent or nonpartisan which clearly relates [such] the designation to the name of the candidate to whom it applies.
Sec. 13. NRS 293.293 is hereby amended to read as follows:
293.293 1. Except as provided in subsection 2 the voter shall mark his ballot in no other manner than by stamping a cross (X) in the square following the name of each candidate for whom he intends to vote for each office, or upon one of the lines provided pursuant to NRS 293.269, except that in a general election, at which the names of candidates for President and Vice President of the United States are on the ballot, followed by the designation of their party, one vote for the party designated [shall constitute] constitutes a vote for [such] that partys candidates for President and Vice President.
κ1979 Statutes of Nevada, Page 266 (CHAPTER 178, SB 37)κ
President and Vice President of the United States are on the ballot, followed by the designation of their party, one vote for the party designated [shall constitute] constitutes a vote for [such] that partys candidates for President and Vice President.
2. If a proposed constitutional amendment or other question is submitted to the registered voters, the cross [shall] must be placed in the square following the answer which the voter chooses to give.
3. Before leaving the booth, the voter shall fold his ballot in such a manner that the [watermark and the] number of the ballot [appear] appears on the outside, without exposing how he voted, and shall keep it so folded until he has delivered it to the officer from whom he received it, who shall announce the number of the ballot in an audible voice.
4. The election board officer who is in charge of the pollbook shall repeat the number, and mark in the column opposite the number the word Voted, or a character indicating the word Voted.
5. The election board officer who receives the voted ballot shall separate from the ballot the strip bearing the number and shall deposit the ballot in the ballot box in the presence of the voter.
6. No ballot may be deposited in the ballot box [unless the watermark appears thereon, and] until the slip containing the number of the ballot has been removed [therefrom] from it by the election board officer. The strip bearing the number [shall] must be retained by the election board officer.
Sec. 14. NRS 293.367 is hereby amended to read as follows:
293.367 1. The basic factor to be considered by an election board when making a determination of whether or not a particular ballot should be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a good faith and reasonable belief that the ballot has been tampered with and, as a result of such tampering, the outcome of the election would be affected.
2. Regulations for counting ballots [shall] must include provisions that:
(a) [A ballot which lacks the proper secretary of states official mark may not be counted, but such ballots shall be preserved and returned with the other ballots.
(b)] A vote may not be counted unless indicated by a cross in the appropriate square.
[(c)] (b) An error in marking one or more votes on a ballot [shall] does not invalidate any votes properly marked on [such] that ballot.
[(d)] (c) If more choices than permitted by the instructions are marked for any office or question, the vote for [such] that office or question may not be counted.
[(e)] (d) If it is impossible to determine a voters choice for any office or question, his vote or votes for [such] that office or question may not be counted.
[(f)] (e) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.
κ1979 Statutes of Nevada, Page 267 (CHAPTER 178, SB 37)κ
[(g)] (f) Only devices provided for in this chapter may be used in marking ballots.
[(h)] (g) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.
[(i)] (h) When an election board officer rejects a ballot for any alleged defect or illegality, [such] the officer shall seal [such] the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason [therefor.] for rejecting it.
[(j)] (i) In counties where punchcard ballots are [utilized] used, a superfluous punch into any ballot card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.
Sec. 15. NRS 293.404 is hereby amended to read as follows:
293.404 1. Where a recount is demanded pursuant to the provisions of NRS 293.403, the county clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the chairman of the board of county commissioners shall act as chairman of the recount board. At least one member of the board of county commissioners shall be present at the recount. Each candidate for the office affected by the recount may be present in person or by an authorized representative, but shall not be a member of the recount board.
2. Except in counties using a punchcard voting system, the recount [shall] must include a count and inspection of all ballots, including rejected ballots, and [shall] must determine whether [such] those ballots are marked as required by law.
3. If a recount is demanded in a county using a punchcard voting system, the county clerk shall select at random the ballots for the office affected from 5 percent of the precincts, but in no case fewer than 3 precincts, after consultation with each candidate for the office or his authorized representative. The recount board shall examine the selected ballots, [shall, after hearing any challenges, determine whether the ballots are marked as required by law] including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with the election laws, and shall handcount the valid ballots. A computer recount [shall] must be made of all the selected ballots. If the handcount of the selected ballots or the computer recount shows a discrepancy of 1 percent or more for either candidate from the original canvass of the returns, the county clerk shall order a handcount of all the ballots for that office. If there is not a discrepancy of 1 percent or more for any candidate, the county clerk shall not order a handcount, but shall order a computer recount of all the ballots for the office.
4. The county clerk shall [have authority to] unseal and give to the recount board all ballots to be counted.
5. In the case of a demand for a recount affecting more than one county, the demand [shall] must be made to the secretary of state, who shall notify the county clerks to proceed with the recount.
Sec. 16. NRS 293.450 is hereby amended to read as follows:
293.450 1. The county clerk shall pay to the county treasurer all filing fees received by him from candidates.
κ1979 Statutes of Nevada, Page 268 (CHAPTER 178, SB 37)κ
filing fees received by him from candidates. The county treasurer shall deposit the money to the credit of the general fund of the county.
2. Each county [shall] is entitled to receive a proportion of the total amount of filing fees paid into the office of secretary of state equal to the proportion which the total vote of his county for Representative in Congress bears to the total vote of the state or district for the same office.
Sec. 17. NRS 293.467 is hereby amended to read as follows:
293.467 [1.] The secretary of state shall have available a sufficient supply of tinted paper for ballots and shall furnish the [same] paper in quantities ordered to any county clerk. [Such paper shall be watermarked with a design furnished by the secretary of state, in such manner that the watermark shall be plainly discernible on the outside of the ballot when properly folded.
2. The design shall be changed for each general election, and the same design may not be used more than once within the space of 8 years, but any special or separate local election paper marked with the design used at any previous general election may be used.]
Sec. 18. NRS 293.560 is hereby amended to read as follows:
293.560 1. Registration [shall] must close at 9 p.m. of the fifth Saturday preceding any primary election, at 9 p.m. of the fifth Saturday preceding any general election and at 9 p.m. of the third Saturday preceding any recall or special election.
2. Registration offices [shall] must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before registration, according to the following schedule:
(a) In counties which have a population less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, registration offices [shall] must be open during the last 3 days before registration closes;
(b) In all other counties, registration offices [shall] must be open during the last 5 days before registration closes.
3. The county clerk of each county shall publish in a newspaper having a general circulation in the county a notice signed by him indicating the day that registration will be closed. If no such newspaper is published in the county, then [such] the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. [Such notice shall] The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
Sec. 19. NRS 293.565 is hereby amended to read as follows:
293.565 1. At least [15 days prior to] 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing [such] the voter of the location of his polling place.
2. The cost of mailing sample ballots for elections which are not either primary or general elections [shall] must be borne by the political subdivision holding [such] the election.
Sec. 20. 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 express their wish by filing with the secretary of state, not less than [4 months] 120 days 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] of it 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] the statute or resolution or any party [thereof] of it to a vote of the voters at the next succeeding election at which [such] the question may be voted upon by the registered voters of the entire state.
κ1979 Statutes of Nevada, Page 269 (CHAPTER 178, SB 37)κ
last preceding general election express their wish by filing with the secretary of state, not less than [4 months] 120 days 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] of it 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] the statute or resolution or any party [thereof] of it to a vote of the voters at the next succeeding election at which [such] the 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 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.
3. The title of the statute or resolution [shall] must 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)] its title) be approved?.
4. Where the punchcard voting system is used, the title of the statute [shall] must appear on the ballot card or ballot page assembly and may be condensed to [20] no more than 25 words.
5. The votes cast upon [such question shall] the question must 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] an election votes approval of [such] the statute or resolution or any part [thereof, such] of it, the statute or resolution or any part [thereof shall stand] of it stands as the law of the state and [shall] may 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] the statute or resolution or any part [thereof, such] of it, the statute or resolution or any part [thereof shall be] of it is void and of no effect.
Sec. 21. NRS 293.125 is hereby repealed.
________
Senate Bill No. 136Committee on Human Resources and Facilities
CHAPTER 179
AN ACT relating to historic preservation; providing qualifications for and changing the number, method of appointment and duties of members of the advisory board for historic preservation and archeology; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 383.051 is hereby amended to read as follows:
383.051 1. The advisory board for historic preservation and archeology is hereby created.
κ1979 Statutes of Nevada, Page 270 (CHAPTER 179, SB 136)κ
2. [The advisory board shall be appointed by the governor by selecting one member from each list of three names submitted by:
(a) The board of trustees of the Nevada state museum;
(b) The board of trustees of the Nevada historical society;
(c) The advisory commission of the Lost City museum;
(d) The board of regents of the University of Nevada;
(e) The executive head of the desert research institute; and
(f) The historic preservation review committee, when such a committee exists pursuant to federal requirements under 16 U.S.C. § 470 et seq.] The advisory board consists of:
(a) One member who is a historian.
(b) One member who is an archeologist qualified in prehistoric and historic archeology, or one member who is qualified in prehistoric archeology and one member who is qualified in historic archeology.
(c) One member who is an architect and who is qualified in architectural history, or one member who is an architect and one member who is an architectural historian.
(d) One member who is a representative of the general public.
(e) If four members have been appointed under paragraphs (a) to (d), inclusive, of this subsection, one member who is qualified under any of those paragraphs.
3. The governor shall appoint the members of the advisory board from a list submitted by the director. After the expiration of the initial terms, the term of each member is 4 years.
[3.] 4. The administrator shall serve as chairman of the advisory board, but [he has no] may not vote except in the event of a tie.
Sec. 2. NRS 383.071 is hereby amended to read as follows:
383.071 The advisory board shall serve in an advisory capacity to the administrator and shall:
1. Recommend policies for the operation and administration of the division;
2. Review and make recommendations on matters relating to the state historic preservation plan; and
3. Review and make recommendations on [archeological publication and research proposals.] each nomination to the national register of historic places before it is submitted.
Sec. 3. Chapter 383 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A historian appointed to the advisory board must hold:
(a) A graduate degree in history or a closely related field; or
(b) A bachelors degree in history or a closely related field, and have:
(1) At least 2 years of full-time experience in research, writing, teaching, interpretation or other professional activity with an academic institution, historical organization or agency, museum or other institution; or
(2) Made a substantial contribution to the body of scholarly knowledge of history through research and publication.
2. An archeologist appointed to the advisory board must hold a graduate degree in archeology, anthropology or a closely related field, and have:
κ1979 Statutes of Nevada, Page 271 (CHAPTER 179, SB 136)κ
(a) At least 1 year of full-time experience or equivalent specialized training in archeological research, administration or management;
(b) At least 4 months of supervised field and analytical experience in the general archeology of North America; and
(c) Demonstrated ability to carry research to completion. An archeologist appointed in prehistoric archeology or in historic archeology must have at least 1 year of full-time professional experience in the applicable field.
3. An architect appointed to the advisory board must hold a degree in architecture and have 2 years of full-time experience in architecture, or be a registered architect in Nevada.
4. An architectural historian appointed to the advisory board must hold:
(a) A graduate degree in architectural history, art history, historic preservation or a closely related field with course work in American architecture; or
(b) A bachelors degree in architectural history, art history, historic preservation or a closely related field and have:
(1) At least 2 years of full-time experience in research, writing or teaching of American architectural history or restoration architecture with an academic institution, historical organization or agency, museum or other professional institution; or
(2) Made a substantial contribution to the body of scholarly knowledge of American architectural history through research and publication.
5. Full-time experience required by this section need not be continuous, but may be made up of periods of work which total the minimum required for qualification.
Sec. 4. The legislature finds that the members of the board incumbent on March 1, 1979, respectively possess the qualifications required by sections 1 and 3 of this act. Their initial terms are therefore fixed to expire as follows:
1. The member who is a historian, on June 30, 1980.
2. The member who is an archeologist, on June 30, 1981.
3. The member who is an architect and the member who is an architectural historian, on June 30, 1979.
4. The member representing the general public on June 30, 1982.
Sec. 5. This section and sections 1, 3 and 4 of this act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 272κ
Senate Bill No. 147Committee on Human Resources and Facilities
CHAPTER 180
AN ACT relating to historic preservation; providing for a state register of historic places; providing that certain duties of the division of state parks extend to historic places listed in the state register which are on land administered by the division; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 383 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The division shall prepare and maintain the state register of historic places.
2. The division shall establish procedures, qualifications and standards for listing historic places on the state register.
3. The division shall prepare a list of eligible sites, structures, objects and districts on public and private land.
4. The administrator may, by agreement with the appropriate state agency or private owner, place any site, structure, object or district which is located on state or private land on the state register. The administrator may by agreement with the appropriate federal agency place any site, structure, object or district which is located on federal land in the state register.
Sec. 2. NRS 407.120 is hereby amended to read as follows:
407.120 Upon the recommendation of the administrator [of the division of state parks, with the approval of] and the director, [or the administrator of the division of historic preservation and archeology, through the director of the state department of conservation and natural resources,] the governor may, by proclamation, designate any site, place or building located on any publicly owned land, or any land in the state held by the division under lease or permit, as a state park, state monument [, historical landmark, historical building, an archeological area] or recreational area.
Sec. 3. NRS 407.130 is hereby amended to read as follows:
407.130 The division shall administer, protect, mark and develop any [such] state monument, [historical landmark, historical] historic landmark, historic building, historic site, archeological area or recreational area [so] designated [and proclaimed] as provided in NRS 407.120 [,] or listed in the state register of historic places which is situated on land administered by the division, and any money appropriated to the division, or derived by it from any source whatever, may be expended by it for the marking, care, protection, supervision, improvement or development of any such state monument, [historical landmark, historical] historic landmark, historic building, historic site, archeological area or recreational area.
________
κ1979 Statutes of Nevada, Page 273κ
Senate Bill No. 215Committee on Finance
CHAPTER 181
AN ACT making an appropriation to the data processing commission for the acquisition of new computer equipment; and providing other matters properly relating thereto.
[Approved April 24, 1979]
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 data processing commission the sum of $773,498 for the purpose of acquiring a new computer equipment.
Sec. 2. After June 30, 1981, the unencumbered balance of the appropriation made in section 1 of this act may not be encumbered and must revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 242Senator Wilson
CHAPTER 182
AN ACT relating to the attorney general; creating an administrative budget account in the state general fund; requiring certain state agencies to make certain payments to the account and to provide certain facilities and supplies to deputy attorneys general assigned to them; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Except as provided in section 1 of Senate Bill No. 171 of the 60th session, money for the support of the operations of the office of attorney general from whatever source it is derived must be accounted for in the attorney generals administration budget account.
Sec. 3. Each state agency which has a deputy attorney general assigned to it on a half-time or full-time basis shall:
1. Make payments for his salary to the attorney generals administration budget account as required, but at least annually.
2. Pay his travel expenses and subsistence allowances as provided by law for state officers and employees and furnish him an office with appropriate office equipment, supplies and clerical assistance satisfactory to the attorney general and the head of the agency.
Sec. 4. NRS 228.150 is hereby amended to read as follows:
228.150 1. When requested, the attorney general shall give his opinion, in writing, upon any question of law, to the governor, the secretary of state, the state controller, the state treasurer, the director of the department of prisons, to the head of any state department, agency, board or commission, to any district attorney and to any city attorney of any incorporated city within the State of Nevada, upon any question of law relating to their respective offices, departments, agencies, boards or commissions.
κ1979 Statutes of Nevada, Page 274 (CHAPTER 182, SB 242)κ
board or commission, to any district attorney and to any city attorney of any incorporated city within the State of Nevada, upon any question of law relating to their respective offices, departments, agencies, boards or commissions.
2. Nothing contained in subsection 1 requires the attorney general to give his written opinion to any city attorney concerning questions relating to the interpretation or construction of city ordinances.
3. The attorney general [shall receive no] is not entitled to receive any fee for the performance of any duty required of him by law [.] , but money may be paid to his office or pursuant to law or an agreement with an agency of the state for the performance of any duty or service by his office.
Sec. 5. NRS 232.080 is hereby amended to read as follows:
232.080 1. The attorney general [shall be] is the counsel and attorney for the department. The attorney general, with the advice and consent of the director, shall designate one of his deputies to be counsel and attorney for the department in all actions, proceedings and hearings. The deputy so designated shall:
(a) Be legal adviser of the department in all matters relating to the department and to the powers and duties of its officers.
(b) Maintain his office in Carson City, Nevada, in an office provided by the department.
(c) Be in the unclassified service of the state pursuant to subsection 5 of NRS 284.140.
2. The compensation of such deputy shall be in the amount specified in NRS 284.182. [and shall be paid from funds provided for the support of the department.]
Sec. 6. NRS 408.140 is hereby amended to read as follows:
408.140 1. Subject to the approval of the board, the attorney general shall, immediately upon request by the board, appoint an attorney at law, who shall be the chief counsel of the department, and such assistant attorneys as are necessary. Attorneys so appointed by the attorney general shall be deputy attorneys general.
2. The chief counsel shall act as the attorney and legal adviser of the department in all actions, proceedings, hearings and all matters relating to the department and to the powers and duties of its officers.
3. Under the direction of or in the absence of the chief counsel, the assistant attorneys [shall have full authority to] may perform any duty required or permitted by law to be performed by the chief counsel.
4. The chief counsel and assistant attorneys [shall be] are in the unclassified service of the state [notwithstanding any provisions of chapter 284 of NRS to the contrary. The chief counsel and assistant attorneys shall] and are entitled to receive annual salaries in the amounts specified in NRS 284.182. [, to be paid from the state highway fund.]
5. All contracts, instruments and documents executed by the department [shall] must be first approved and endorsed as to legality and form by the chief counsel.
Sec. 7. NRS 422.275 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 275 (CHAPTER 182, SB 242)κ
422.275 1. The attorney general and his [duly appointed assistants and] deputies [shall be] are the legal advisers for the welfare division.
2. [In order to compensate the office of the attorney general for services rendered, the welfare division shall, on or before the 1st day of each month, authorize the state controller to draw his warrant in favor of the state treasurer in an amount budgeted for that purpose, such sum of money to be taken from the welfare administration account in the general fund. The state treasurer shall place such sum of money in the salary fund of the office of the attorney general to be used to pay partially for the services of the office of the attorney general.] The deputy attorney general assigned as the legal adviser for the welfare division shall receive an annual salary in the amount specified in NRS 284.182.
[3. The mileage and living expenses away from the office of the attorney general at the regular statutory state rate, together with telephone and telegraph charges incurred by the office of the attorney general on behalf of the welfare division, shall be charged directly against the welfare administration account in the general fund.]
Sec. 8. NRS 538.151 is hereby amended to read as follows:
538.151 1. [In order to compensate the office of attorney general for services rendered to the division, the administrator shall, on or before the 1st day of each month, authorize the state controller to draw his warrant in the sum fixed by contract in favor of the state treasurer, such sum of money to be taken from the Colorado River resources fund. The state treasurer shall place such sum of money in the salary fund of the office of the attorney general to be used to pay for the services of the attorney generals office.
2. The mileage and living expenses away from the office of the attorney general at the regular statutory state rate, together with the telephone and telegraph charges incurred by the attorney generals office on behalf of the division, shall be charged directly against the Colorado River resources fund.] The attorney general is the attorney for the commission and division. He shall designate one of his deputies to conduct actions, proceedings and hearings for the commission. The deputy so designated shall:
(a) Advise the commission and division on matters relating to either agency; and
(b) Maintain an office in Las Vegas, Nevada.
2. The designated deputy is entitled to receive a salary in an amount specified in NRS 284.182.
Sec. 9. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
κ1979 Statutes of Nevada, Page 276κ
Senate Bill No. 369Committee on Finance
CHAPTER 183
AN ACT relating to revenue and taxation; abolishing the county appraisal and mapping assistance revolving fund; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 360.282 is hereby repealed.
Sec. 2. After June 30, 1979, any balance remaining in the county appraisal and mapping assistance revolving fund may not be encumbered and must revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 107Committee on Taxation
CHAPTER 184
AN ACT relating to taxes on agricultural and open-space real property; clarifying the requirement to file a new application for continued differential assessment; removing interest on deferred taxes; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361A.110 is hereby amended to read as follows:
361A.110 1. Any application for agricultural use assessment [shall] must be filed on or before the 1st Monday in October of any year:
(a) With the county assessor of each county in which the property is located, if the property contains five acres or more.
(b) With the department, if the property contains less than five acres.
2. [A] Except as provided in this subsection, a new application to continue [such] that assessment is required on or before the 1st Monday in October following any change in ownership or conversion to a higher use of any portion of the property. If the property is divided, an owner who retains a portion of the property is not required to file a new application to continue agricultural use assessment on the portion retained unless any part of that portion is converted to a higher use.
3. The application [shall] must be made on forms prepared by the department and supplied by the county assessor and [shall] must include such information as may be required to determine the entitlement of the applicant to agricultural use assessment. Each application [shall] must contain an affidavit or affirmation by the applicant that the statements contained therein are true.
4. The application may be signed by:
κ1979 Statutes of Nevada, Page 277 (CHAPTER 184, AB 107)κ
(a) The owner of the agricultural real property, including tenants in common or joint tenants.
(b) Any person, of lawful age, authorized by a duly executed power of attorney to sign an application on behalf of any person described in paragraph (a).
(c) The guardian or conservator of an owner or the executor or administrator of an owners estate.
5. The county assessor shall not approve an application unless the application is signed by each owner of record or his representative as specified in subsection 4. Additional information may be required of the applicant if necessary to evaluate his application.
Sec. 2. NRS 361A.190 is hereby amended to read as follows:
361A.190 1. Any application for open-space use assessment [shall] must be filed on or before the 1st Monday in October of any year with the county assessor of each county in which the property is located. A new application to continue [such] that assessment is required on or before the 1st Monday in October following any change in ownership or from an approved open-space use of any portion of the property. If the property is divided, an owner who retains a portion of the property must file a new application in order to continue open-space use assessment on the portion retained.
2. The application [shall] must be made on forms prepared by the department and supplied by the county assessor and [shall] must include a description of the property, its current use and such other information as may be required to determine the entitlement of the applicant to open-space use assessment. Each application [shall] must contain an affidavit or affirmation by the applicant that the statements contained therein are true.
3. The application may be signed by:
(a) The owner of the open-space real property, including tenants in common or joint tenants.
(b) Any person, of lawful age, authorized by a duly executed power of attorney to sign an application on behalf of any person described in paragraph (a).
(c) The guardian or conservator of an owner or the executor or administrator of an owners estate.
4. The county assessor shall not accept an application unless the application is signed by each owner of record or his representative as specified in subsection 3. The assessor may require such additional information of the applicant as is necessary to evaluate his application.
Sec. 3. NRS 361A.270 is hereby amended to read as follows:
361A.270 [1.] Within 30 days after any property which has received agricultural or open-space use assessment ceases to be used exclusively for agricultural use or the approved open-space use, the owner shall notify the county assessor in writing of the date of cessation of [such] that use.
[2. If the owner fails to file the notice as required by subsection 1, he shall be liable for the penalty provided in NRS 361A.280 in addition to the deferred taxes and interest.]
Sec. 4. NRS 361A.280 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 278 (CHAPTER 184, AB 107)κ
361A.280 1. When agricultural or open-space real property which is receiving agricultural or open-space use assessment is converted to a higher use, there shall be added to the tax extended against the property on the next property tax statement, an amount equal to the sum of the following:
(a) The deferred tax, which is the difference between the taxes paid or payable on the basis of the agricultural or open-space use assessment and the taxes which would have been paid or payable on the basis of the full cash value determination for each year in which agricultural or open-space use assessment was in effect for the property, up to 84 months immediately preceding the date of conversion from agricultural or open-space use. The 84-month period includes the most recent year of agricultural or open-space use assessment but does not include any period [prior to] before July 1, 1976.
(b) [Interest upon the amounts of deferred tax from each year included in subsection 1 at the rate of 6 percent per annum.
(c)] A penalty equal to 20 percent of the accumulated deferred tax for each year in which the owner failed to give the notice required by NRS 316A.270.
2. The deferred tax and [interest is] penalty are a perpetual lien until paid as provided in NRS 361.450; but if the property is not converted to a higher use within 84 months after the date of attachment, the lien for that earliest year then expires.
3. [Any penalty added pursuant to subsection 1 is a perpetual lien until paid as provided in NRS 361.450.
4.] Each year a statement of liens attached pursuant to [subsections 2 and 3 shall] this section must be recorded with the county recorder by the tax receiver in a form prescribed by the department upon completion of the tax statement.
[5.] 4. If agricultural or open-space real property receiving agricultural or open-space use assessment is sold or transferred to an ownership making it exempt from ad valorem property taxation between July 1 and the first Monday in September, inclusive, in any year, a lien for a proportional share of the deferred taxes [or interest] that would otherwise have been due in the following year, attaches on the day preceding the sale or transfer. The lien shall be enforced against the property when it is converted to a higher use, even though the owner at the time of conversion enjoys an exemption from taxation.
________
κ1979 Statutes of Nevada, Page 279κ
Assembly Bill No. 113Assemblyman Marvel
CHAPTER 185
AN ACT relating to unincorporated towns; providing the authority and procedure for certain annexations by towns having a population of less than 25,000 in counties having a population less than 200,000; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 269 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. In a county whose population is less than 200,000, according to the last preceding national census of the Bureau of the Census of the United States Department of Commerce, those areas, including subdivisions, which are adjacent or contiguous to an unincorporated town having a population less than 25,000, and which require substantially all of the services described in NRS 269.575, may be annexed by the unincorporated town by ordinance adopted by the town board or the board of county commissioners. The ordinance must contain a provision requiring that the town boundary be surveyed, mapped, platted and so enlarged as to include the area to be annexed. Upon filing of the plat or map of the town, including the area annexed, it constitutes the legal boundary of the town.
Sec. 2.5. The section added to chapter 269 of NRS by section 2 of this act is hereby amended to read as follows:
In a county whose population is less than [200,000] 250,000 according to the last preceding national census of the Bureau of the Census of the United States Department of Commerce, those areas, including subdivisions, which are adjacent or contiguous to an unincorporated town having a population less than 25,000, and which require substantially all of the services described in NRS 269.575, may be annexed by the unincorporated town by ordinance adopted by the town board or the board of county commissioners. The ordinance must contain a provision requiring that the town boundary be surveyed, mapped, platted and so enlarged as to include the area to be annexed. upon filing of the plat or map of the town, including the area annexed, it constitutes the legal boundary of the town.
Sec. 3. Proceedings to initiate any annexation authorized by section 2 of this act may be commenced by:
1. Petition of a majority of the taxpayers residing in the area to be annexed;
2. Recommendation of the county planning commission;
3. Resolution of the board of county commissioners,
or by any combination thereof.
Sec. 4. Section 2.5 of this act shall become effective in 1980 on the date when the Secretary of Commerce reports the 1980 census of population to the President of the United States as required by 13 U.S.C. § 141(b).
________
κ1979 Statutes of Nevada, Page 280κ
Assembly Bill No. 177Committee on Judiciary
CHAPTER 186
AN ACT relating to peace officers; designating group supervisors of juvenile correctional institutions and security officers of cities and counties as peace officers; extending the powers of security officers of the legislature and of the department of general services as peace officers; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and his assistant and deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy director, superintendents, correctional officers and other employees of the department of prisons when carrying out any duties prescribed by the director of the department of prisons;
16. Division of state parks employees designated by the administrator of the division of state parks in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;
17. Security officers employed by the board of trustees of any school district;
18. The executive, supervisory and investigative personnel of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140 or when investigating a violation of a provision of chapter 205 of NRS in the form of a crime against the property of a gaming licensee;
κ1979 Statutes of Nevada, Page 281 (CHAPTER 186, AB 177)κ
investigating a violation of a provision of chapter 205 of NRS in the form of a crime against the property of a gaming licensee;
19. The director, division chiefs, investigators, agents and other sworn personnel of the department of law enforcement assistance;
20. Field dealer inspectors of the vehicle compliance and enforcement section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048;
21. Vehicle emission control officers of the vehicle emission control section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.0481;
22. The personnel of the Nevada department of fish and game when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS; [and]
23. Security officers of the legislature of the State of Nevada when [protecting the persons and property of the members of the legislature, staff of the legislature and personnel of the legislative counsel bureau.] carrying out duties prescribed by the legislative commission;
24. Group supervisors of the Nevada girls training center and the Nevada youth training center when carrying out any duties prescribed by the superintendents of their respective institutions; and
25. Security officers employed by a city or county when carrying out duties prescribed by ordinance.
26. Security officers of the buildings and grounds division of the department of general services when carrying out duties prescribed by the director of the department of general services.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 262Assemblymen Hayes, Westall, Sena, Wagner, Getto, Horn and Stewart
CHAPTER 187
AN ACT relating to homestead exemptions; removing distinctions based on sex from NRS 115.040, 115.050 and 115.070; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 115.040 is hereby amended to read as follows:
115.040 1. The exemption [shall] does not extend to any mechanics, laborers or vendors lien lawfully obtained.
2. [No] A mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, [shall be] is not valid for any purpose, [whatsoever,] unless the signature of the husband and wife, when that relationship exists, [be] is obtained to the [same and such mortgage or alienation is acknowledged by the wife separately and apart from her husband.] mortgage or alienation and their signatures are properly acknowledged.
κ1979 Statutes of Nevada, Page 282 (CHAPTER 187, AB 262)κ
3. The homestead property shall not be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both husband and wife, other head of a family, or other single person claiming the homestead, and recorded in the same office and in the same manner as the declaration of claim to the [same] homestead is required to be recorded. [, and the acknowledgment of the wife to such declaration of abandonment shall be taken separately and apart from her husband.]
4. If [the wife be] either spouse is not a resident of this state, [her] his signature and the acknowledgment thereof [shall not be] is not necessary to the validity of any mortgage or alienation of the homestead before it becomes the homestead of the debtor.
Sec. 2. NRS 115.050 is hereby amended to read as follows:
115.050 1. Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment [shall make] makes oath before the judge of the district court of the county in which the premises are situated, that the cash value of the premises exceeds, to the best of the creditors information and belief, the sum of $25,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the value of the premises, and if the [same] value exceeds the sum, whether [they] the premises can be divided so as to leave the premises amounting to the homestead exemption without material injury.
2. If it [appear,] appears, upon the report, to the satisfaction of the judge that the premises can be thus divided, he shall order the excess to be sold under execution. If it [appear] appears that the premises cannot be thus divided, and the value thereof exceeds the exemption allowed by this chapter, he shall order the entire premises to be sold, and out of the proceeds the sum of $25,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid [shall] may be received by the officer making the sale under $25,000.
3. When the execution is against [the] a husband [, whose wife is living,] or wife, the judge may [, in his discretion,] direct the $25,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and [it shall possess] the deposit possesses all the protection against legal process and voluntary disposition [of the husband as were] by either spouse as did the original homestead premises.
Sec. 3. NRS 115.070 is hereby amended to read as follows:
115.070 1. If the [wife] spouse of any owner of a homestead [shall be] is insane, and the owner [shall desire] desires to convey the homestead, or any interest therein, he may petition the district court in which the homestead [may be] is situated for license to convey the [same.] homestead. The court, upon reasonable and not less than 20 days notice of the petition to the kindred of the insane [wife] spouse residing in this state (which notice may be personal or by publication in some newspaper in the county, or directed by the court), may hear and determine the petition, and may license the owner to convey the homestead, or any interest therein, by his sole deed. The license [shall] must be recorded in the office where the homestead is recorded, and [thereupon] thereafter the sole deed [shall have the same operation] operates as if the [wife] spouse had been sane and joined in the deed.
κ1979 Statutes of Nevada, Page 283 (CHAPTER 187, AB 262)κ
in the office where the homestead is recorded, and [thereupon] thereafter the sole deed [shall have the same operation] operates as if the [wife] spouse had been sane and joined in the deed.
2. On granting the license, the court may make such special order as to the investment or disposition of the funds derived from conveyance [, as a court of equity could do in the case of the funds of married women.] as it deems necessary to protect the interest of the insane spouse.
3. On the hearing of the petition for license, any of the kindred may appear and be heard in the premises, and may appeal from any order made on the subject in the same manner provided for other appeals from decrees of the district court.
________
Assembly Bill No. 234Assemblymen Weise, Bergevin and Glover
CHAPTER 188
AN ACT relating to state lands; establishing the boundary between Lake Tahoe and adjoining lands; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 321.595 is hereby amended to read as follows:
321.595 [1. When any person desires to erect any pier, breakwater or other structure extending into Lake Tahoe, or remove any material from the bed of the lake, he shall first obtain a permit to do so from the division of state lands. The division shall not issue the permit until it has consulted the Nevada department of fish and game and the division of environmental protection.
2. The division shall establish by regulation:
(a) A reasonable fee to be paid when an application is made for a permit.
(b) A schedule of annual rents, according to the size and use of the pier, to be paid for the use of the underlying land.
3. Any person who engages in any activity for which a permit is required by this section, without first obtaining the appropriate permit, is guilty of a misdemeanor.] The boundary between the bed of Lake Tahoe, owned by the State of Nevada in its sovereign capacity, and adjacent lands owned by others or by the state in any other capacity, is established as a line whose elevation is 6,223 feet, Lake Tahoe datum.
Sec. 2. NRS 445.080 is hereby amended to read as follows:
445.080 1. It is unlawful for any person, firm, association or corporation to:
(a) Construct a pier, breakwater or marina in or to alter the shoreline of Lake Tahoe;
κ1979 Statutes of Nevada, Page 284 (CHAPTER 188, AB 234)κ
(b) Remove gravel, sand or similar material from Lake Tahoe; or
(c) Deposit any fill or deleterious material in Lake Tahoe,
without first having secured written permission from the state department of conservation and natural resources.
2. Construction or alteration of the Lake Tahoe shoreline below the high water elevation (6,229.1 feet) requires written permission from the state department of conservation and natural resources.
3. A permit [shall] must be denied when the source of domestic water or the place of disposal of sewage or other wastes would create a health hazard or the quality of Lake Tahoe waters would be impaired.
4. The state department of conservation and natural resources shall adopt regulations governing the issuance of permits under this section.
________
Assembly Bill No. 285Assemblyman May
CHAPTER 189
AN ACT relating to public employees labor relations; providing certain reporting requirements; reducing the number of members of the employee-management relations advisory committee; changing certain administrative and arbitration procedures; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 288 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each employee organization recognized by a local government employer in this state shall file a report with the board during November of each year.
2. The report required by this section shall include:
(a) The full name of the employee organization.
(b) The name of each local government employer which recognizes the employee organization.
(c) The names of the officers of the employee organization.
(d) The total number of persons in each bargaining unit represented by the employee organization.
(e) Copies of all changes in the employee organizations constitution or bylaws adopted during the preceding year.
(f) The name, address and telephone number of the person designated by the employee organization to receive communications from the board on business relating to the employee organization.
(g) A copy of any collective bargaining agreement in effect between the organization and the local government employer.
3. An employee organization which has not previously been recognized by a local government employer shall file the information required by this section within 30 days after recognition.
κ1979 Statutes of Nevada, Page 285 (CHAPTER 189, AB 285)κ
Sec. 2. NRS 288.090 is hereby amended to read as follows:
288.090 1. The members of the board shall annually elect one of their number as chairman and one as vice chairman. Any two members of the board constitute a quorum.
2. The board may, within the limits of legislative appropriations:
(a) Appoint a commissioner and a secretary, who shall be in the unclassified service of the state; and
(b) Employ such additional clerical personnel as may be necessary, who shall be in the classified service of the state.
Sec. 3. NRS 288.135 is hereby amended to read as follows:
288.135 1. The employee-management relations advisory committee is hereby created, to consist of [10] six members, [five] three of whom shall be representatives or designees of employee organizations and [five] three of whom shall be representatives or designees of local government employers.
2. The governor shall appoint the members of the advisory committee on the basis of recommendations of employee organizations and local government employers who are affected by the provisions of this chapter. No employee organization and no local government employer may have more than one representative or designee appointed as a member of the advisory committee.
3. Whenever a vacancy occurs on the advisory committee, other than through the expiration of a term of office, the vacancy shall be filled for the remainder of the term through appointment by the remaining:
(a) Representatives or designees of local government employers, if the vacating member represents a local government employer.
(b) Representatives or designees of employee organizations, if the vacating member represents an employee organization.
4. Members of the committee are entitled to receive a salary of $40 for each days attendance at a meeting of the [board] committee and the per diem allowance and travel expenses provided by law.
5. For any purpose other than selection of persons qualified to be appointed to the board, any four members of the advisory committee constitute a quorum.
Sec. 4. NRS 288.137 is hereby amended to read as follows:
288.137 1. The advisory committee shall solicit applications and interview applicants for the positions available on the board. The advisory committee shall then submit to the governor a list of those applicants receiving a vote of at least [eight of its members,] two representatives of local government employers and at least two representatives of employee organizations, from which list the appointment shall be made.
2. The advisory committee shall meet at least semiannually to review the procedures provided for in this chapter, advise the board in any manner requested, and file a report with the legislature at the next session of the legislature regarding procedures under the provisions of this chapter and making recommendations for desirable legislation affecting this chapter.
Sec. 5. NRS 288.190 is hereby amended to read as follows:
288.190 1. The parties shall promptly commence negotiations. As the first step, the parties shall discuss the procedures to be followed if they are unable to agree on one or more issues.
κ1979 Statutes of Nevada, Page 286 (CHAPTER 189, AB 285)κ
the first step, the parties shall discuss the procedures to be followed if they are unable to agree on one or more issues.
2. If the parties do not agree by [February 1,] March 1, or if either party fails to follow the procedures agreed upon, and if the parties have not agreed on all substantive issues, the parties [shall] may select a mediator. If the parties cannot agree upon a mediator, the labor commissioner shall appoint a disinterested person to act as mediator. The mediator shall bring the parties together to settle the dispute but has no power to compel them to agree. The mediator may establish the times and dates for meetings and compel the parties to attend.
Sec. 6. NRS 288.200 is hereby amended to read as follows:
288.200 Except in cases to which NRS 288.205 and 288.215 apply:
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 5, 6 and 9.
2. If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential factfinders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. 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. Each party shall pay its own costs of preparation and presentation of its case in factfinding.
4. A schedule of dates and times for the hearing [shall] must be established before June 5. The factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing.
5. The parties to the dispute may agree, before 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.
6. If the parties do not agree to make the findings and recommendations of the factfinder final and binding, the governor [shall have] has the emergency power and authority, at the request of either party and [prior to] before the submission of the dispute to factfinding, to order [prior to] before May 1, that the findings and recommendations of a factfinder on all or any specified issues in a particular dispute which are within the scope of subsection 9 to 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 governor shall exercise this authority on a case by case consideration and on the basis of his evaluation regarding the best interests of the state and all its citizens, the potential fiscal [impact] effect both within and outside the political subdivision, and any danger to the safety to the people of the state or a political subdivision.
κ1979 Statutes of Nevada, Page 287 (CHAPTER 189, AB 285)κ
7. Except as provided in subsection 8, any factfinder, whether [acting in a recommendatory or binding capacity,] his recommendations are to be binding or not, shall base his recommendations or award on the following criteria:
(a) A preliminary determination [shall] must 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] must contain the facts upon which he based his recommendations or award.
8. 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] must not be counted in determining the financial ability of a local government employer and [shall] must not be used to pay any monetary benefits recommended or awarded by the factfinder.
9. The issues which may be included in the governors order pursuant to subsection 6 are:
(a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and
(b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.
This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.
Sec. 7. NRS 288.220 is hereby amended to read as follows:
288.220 The following proceedings, required by or pursuant to this chapter, are not subject to any provision of NRS which requires a meeting to be open or public:
1. Any negotiation or informal discussion between a local government employer and an employee organization or employees as individuals, whether conducted by the governing body or through a representative or representatives.
2. Any meeting of a mediator with either party or both parties to a negotiation.
3. Any meeting or investigation conducted by a factfinder.
4. Any meeting of the governing body of a local government employer with its management representative or representatives.
5. Deliberations of the board toward a decision on a complaint, appeal or petition for declaratory relief.
________
κ1979 Statutes of Nevada, Page 288κ
Assembly Bill No. 331Committee on Ways and Means
CHAPTER 190
AN ACT making an appropriation to the legislative commission for the automated system of text processing; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the state general fund to the legislative commission, for the purpose of operating and improving the automated system of text processing established pursuant to chapter 155, Statutes of Nevada 1977:
For the fiscal year 1979-80............................................................................. $325,000
For the fiscal year 1980-81............................................................................... 375,000
The sums hereby appropriated are available for either fiscal year, but any balance unencumbered on June 30, 1981, reverts to the state general fund on that date.
________
Assembly Bill No. 343Assemblyman Banner
CHAPTER 191
AN ACT relating to official bonds; authorizing each county to furnish blanket bonds for all of its elected and appointed officers and employees; increasing the amount of minimum coverage; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 282 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A blanket fidelity bond or blanket position bond may be furnished at county expense for all elected county officers except the county treasurer. This blanket bond must be in an amount not less than $10,000, and conditioned on the faithful performance of the respective duties of the several officers covered. The board of county commissioners may also authorize similar blanket bonds for such other county officers or employees as it may designate.
Sec. 2. NRS 246.020 is hereby amended to read as follows:
246.020 1. Each county clerk shall, before entering upon the duties of his office:
(a) Take the oath prescribed by law.
(b) Execute to the county a penal bond in the sum of $10,000, conditioned for the faithful discharge of the duties of his office, which bond [shall] must be approved by the district judge and filed in the office of the county recorder [.]
κ1979 Statutes of Nevada, Page 289 (CHAPTER 191, AB 343)κ
the county recorder [.] , unless a blanket fidelity bond is furnished by the county.
2. In all counties where the county clerk is ex officio county recorder, the official bond of the county clerk [shall] must be recorded in the manner and place as provided in subsection 1, and immediately thereafter [shall] must be deposited for safekeeping in the office of the county treasurer.
Sec. 3. NRS 247.020 is hereby amended to read as follows:
247.020 Each of the county recorders of the several counties, before entering upon the duties of his office, shall:
1. Take the constitutional oath of office.
2. Enter into a bond in the penal sum of not less than [$5,000] $10,000 nor more than $50,000, at the discretion of the board of county commissioners with [2] two or more sureties, to be approved by the county clerk, conditioned for the faithful performance of his duties as county recorder [.] , unless a blanket fidelity bond is furnished by the county.
Sec. 4. NRS 248.020 is hereby amended to read as follows:
248.020 Before entering upon the discharge of his duties, each sheriff shall:
1. Take the oath of office.
2. Give a bond to his county in the penal sum of not less than $10,000 nor more than $50,000, with two or more sureties, residing in his county, or by any qualified surety company, to be approved by the board of county commissioners, conditioned for the faithful performance of the duties of his office [.] , unless a blanket fidelity bond is furnished by the county. The bond [shall] must be filed and recorded in the office of the county clerk of his county.
Sec. 5. NRS 250.030 is hereby amended to read as follows:
250.030 1. Each county assessor, before entering upon the duties of his office, shall execute to the people of the State of Nevada, a bond in the penal sum of [$5,000,] $10,000, with two or more sufficient sureties, to be approved by the board of county commissioners, and filed in the office of the county clerk, conditioned for the faithful performance of all the duties of his office required by law [.] , unless a blanket fidelity bond is furnished by the county.
2. Suit may be instituted on the county assessors bond in the manner prescribed by law for the benefit of any person who may be aggrieved by the wrongful act or conduct of the county assessor or his deputy.
Sec. 6. NRS 252.030 is hereby amended to read as follows:
252.030 [Before] Unless a blanket fidelity bond is furnished by the county, before entering upon the duties of his office, the district attorney shall execute and file with the county clerk a bond to the county, conditioned for the faithful performance of his duties, the penalty of the bond to be fixed by the board of county commissioners.
Sec. 7. NRS 253.020 is hereby amended to read as follows:
253.020 1. Every person elected to fill the office of public administrator shall qualify as required in this section on or before the 1st Monday of January next after his election.
2. Every public administrator shall:
κ1979 Statutes of Nevada, Page 290 (CHAPTER 191, AB 343)κ
(a) Take the constitutional official oath, which [shall be] is for the faithful performance of the duties of his office, and [shall] must be taken and subscribed upon both the certificate of election or appointment and the official bond. The oath upon the bond [shall] must be recorded with the bond.
(b) Give an official bond in an amount not less than [$2,000,] $10,000, as required and fixed by the board of county commissioners of his county by an order [duly] entered in the minutes of the board [.] , unless a blanket fidelity bond is furnished by the county. The bond [shall] must be conditioned, secured, approved and recorded as the bonds of other county officers are, or may be required by law to be, and [shall] must be so conditioned as to hold the principal and sureties liable for any breach thereof made, while acting or illegally refusing to act in his official capacity.
3. The board of county commissioners may, upon reasonable cause therefor shown, require a new bond or an additional bond at any time, to be given upon 10 days notice in writing. If the new or additional bond is not given, the board shall declare the office vacant.
________
Assembly Bill No. 387Assemblymen Dini and Mello
CHAPTER 192
AN ACT relating to the state legislature; creating a petty cash account for the legislative counsel bureau; authorizing a checking account and expenditures from the legislative fund to pay for certain improvements; changing certain duties of the legislative auditor; and providing other matters properly relating thereto.
[Approved April 24, 1979]
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. A petty cash account of the legislative counsel bureau is hereby created in the sum of $500 for the minor expenses of the legislative counsel bureau. The account must be kept in the custody of an employee designated by the director of the legislative counsel bureau and must be replenished periodically from the legislative fund upon approval of expenditures and submission of vouchers or other documents to indicate payment.
Sec. 3. The legislative counsel bureau may maintain a checking account in any qualified bank for the purpose of paying the salaries of persons on the payroll of the legislative branch of government, related payroll costs and any other expenses directed by the legislative commission. The account must be secured by a depository bond to the extent the account is not insured by the Federal Deposit Insurance Corporation. All checks written on this account must be signed by the chairman of the legislative commission and the director of the legislative counsel bureau or his designee, except that during a regular or special session of the legislature, the majority leader of the senate and the speaker of the assembly shall sign the checks.
κ1979 Statutes of Nevada, Page 291 (CHAPTER 192, AB 387)κ
checks written on this account must be signed by the chairman of the legislative commission and the director of the legislative counsel bureau or his designee, except that during a regular or special session of the legislature, the majority leader of the senate and the speaker of the assembly shall sign the checks.
Sec. 4. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a [continuing] special revenue fund [in the state treasury] for the use of the legislature, and where specifically authorized by law, for the use of the legislative counsel bureau.
2. Support for the legislative fund [shall] must be provided by legislative appropriation from the state general fund.
3. Expenditures from the legislative fund [shall] may be made for:
(a) The payment of necessary operating expenses of the senate;
(b) The payment of necessary operating expenses of the assembly;
(c) The payment of the necessary improvements to the legislative building and its grounds;
(d) The payment of necessary operating expenses of but not limited to:
(1) The legislative commission;
(2) The legal division;
(3) The research division;
(4) The audit division; [and]
(5) The fiscal analysis division [,] ; and
(6) The service division,
of the legislative counsel bureau.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 [shall] may be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All [moneys] money in the legislative fund [shall] must be paid out on claims approved by the director of the legislative counsel bureau or his designee as other claims against the state are paid.
Sec. 5. NRS 218.645 is hereby amended to read as follows:
218.645 The legislative commission may fix reasonable fees for the sale of studies, audit reports, bulletins and miscellaneous materials of the legislative counsel bureau, and [such fees shall] those fees must be deposited [in] with the state treasurer for credit to the legislative fund. [in the state treasury.]
Sec. 6. NRS 218.870 is hereby amended to read as follows:
218.870 The legislative auditor shall keep or cause to be kept [:
1. A] a complete file of copies of all audit reports, examinations, investigations and [any and] all other reports or releases issued by him.
[2. A complete file of audit work papers and other evidences pertaining to work of the legislative auditor.]
Sec. 7. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 292κ
Assembly Bill No. 406Committee on Agriculture
CHAPTER 193
AN ACT relating to injurious and noxious weeds; placing the financial responsibility for removing noxious weeds on federal land on the federal agency which controls the land; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 555.200 is hereby amended to read as follows:
555.200 1. Whenever any injurious or noxious weed [or weeds are] is found growing upon the public domain or any other land in this state owned by the Federal Government, the state quarantine officer may serve notice, as provided in NRS 555.160, upon the [board or boards of county commissioners of the county or counties wherein such lands are located to cut, destroy or eradicate such weeds in accordance with the provisions of the notice so served.
2. Any expense of cutting, destroying or eradicating injurious or noxious weeds upon the public domain or other lands owned by the Federal Government, in accordance with the provisions of this section, shall be paid from the general fund of the county or counties concerned, but the total amount expended by any county under the provisions of this section in any 1 calendar year shall not exceed an amount equal to a tax levy of 5 cents upon each $100 of the total assessment roll of the county.] person within the county or this state who is in charge of the activities of the federal agency having control or jurisdiction of the land.
2. If the agency described in the notice fails or refuses to comply with the notice, the state quarantine officer may provide for the cutting, destruction or eradication of the weeds in any manner permitted by federal law. The state quarantine officer or the political subdivision shall seek reimbursement from the Federal Government for any expense incurred by the state or the political subdivision pursuant to this section.
________
Assembly Bill No. 407Committee on Agriculture
CHAPTER 194
AN ACT relating to agriculture; extending the authority of the executive director of the state department of agriculture to adopt procedures for collecting fees for services of the department; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 561.153 is hereby amended to read as follows:
561.153 The executive director may by [rule or] regulation adopt such procedures as he may deem appropriate for the billing or collection of fees for any service rendered by the department under Titles [49 and 50] 49, 50 and 51 of NRS for which fees are collectible.
κ1979 Statutes of Nevada, Page 293 (CHAPTER 194, AB 407)κ
such procedures as he may deem appropriate for the billing or collection of fees for any service rendered by the department under Titles [49 and 50] 49, 50 and 51 of NRS for which fees are collectible.
________
Assembly Bill No. 409Committee on Agriculture
CHAPTER 195
AN ACT relating to cattle; increasing the beef promotion tax from 5 cents to 10 cents per head; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 575.070 is hereby amended to read as follows:
575.070 1. The state department of agriculture shall fix an annual special tax, to be known as the beef promotion tax, on all cattle appearing on the tax rolls, the rate of which must not exceed [5] 10 cents per head. The department shall send notice of the rate of this special tax to the department of taxation and to each board of county commissioners before the annual levy of taxes, and the board shall include this tax at the rate fixed in the annual levy. The special tax must be collected as other taxes, and deposited with the state treasury for credit to the Nevada beef promotion fund.
2. During the month of April, any person who has paid the special tax levied pursuant to this section may file a claim for refund with the department, accompanied by a receipt showing the payment. Upon verification of the claim, the department shall transmit it to the state controller for payment from the Nevada beef promotion fund.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1979.
________
Assembly Bill No. 483Assemblyman Barengo
CHAPTER 196
AN ACT relating to grand injuries; revising the method of their selection in counties having a population of 15,000 or more; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 6.110 is hereby amended to read as follows:
6.110 1. In any county having a population of 15,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the selection of persons as proposed grand jurors [shall] must be made in the manner prescribed in this section upon notice from any district judge as often as the public interest may require and at least once in each 4 years.
κ1979 Statutes of Nevada, Page 294 (CHAPTER 196, AB 483)κ
Census of the United States Department of Commerce, the selection of persons as proposed grand jurors [shall] must be made in the manner prescribed in this section upon notice from any district judge as often as the public interest may require and at least once in each 4 years. The [county] clerk of the court under the supervision of the district judge presiding over the impaneling of the grand jury shall [randomly] select at random the names of [100] not more than 1,000 qualified persons to [serve] be called as prospective grand jurors. The [county] clerk shall then prepare and mail to each person whose name was selected a questionnaire prepared by the [chief] district judge stating the amount of pay, the estimated time required to serve and the duties to be performed. Each recipient of the questionnaire shall be requested to complete and return [such] the questionnaire, indicating thereon his willingness and availability to serve on the grand jury. The [county] clerk shall continue the selection of names and mailing of questionnaires until a panel of 100 persons who are willing to serve is established.
2. A list of names of persons who indicated their willingness to serve as grand jurors shall be made [out and] by the clerk of the court and a copy furnished to each district judge. The district judges shall meet within 15 days thereafter and shall, in order of seniority, each select one name from the list until 36 persons have been selected. A list of the names of the persons selected as proposed grand jurors shall be made by the clerk, certified by the [county clerk] district judges making the selection and [shall be] filed in [his office, and the] the clerks office. The clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon [such persons as] the proposed grand jurors to attend in court at such time as the district judge [may have directed.] directs.
[2.] 3. The sheriff shall summon [such] the proposed grand jurors, and [out of the number so summoned each district judge in rotation according to seniority shall select one name from the venire until] the district judge presiding over the impaneling of the grand jury shall select at random from their number 17 persons to constitute the grand jury and 12 persons to act as alternate grand jurors. [are chosen.] If for any reason 8 or more proposed grand jurors fail to appear, additional proposed grand jurors sufficient to complete the panel of grand jurors and alternates shall be selected from the list of prospective grand jurors by the district judge presiding over the impaneling, and the persons so selected shall be summoned to appear in court at such time as he directs.
[3.] 4. Every person named in the venire as a grand juror shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein. [, which] The summons shall be registered or certified and deposited in the post office addressed to the person at his usual [post office] mailing address. The receipt of the person so addressed for the registered or certified summons [shall] must be regarded as personal service of the summons upon such person and no mileage [shall] may be allowed for service. The postage and fee for registered or certified mail [shall] must be paid by the sheriff and allowed him as other claims against the county.
κ1979 Statutes of Nevada, Page 295 (CHAPTER 196, AB 483)κ
[4.] 5. If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his place. [Such] An alternate shall be served by the sheriff in the manner provided in subsection [3.] 4.
________
Assembly Bill No. 497Committee on Government Affairs
CHAPTER 197
AN ACT relating to the commission on crimes, delinquency and corrections; creating the committee on standards and training for peace officers; providing for its organization; providing its powers and duties; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 216 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 within the commission a committee on standards and training for peace officers. The committee consists of five members of the commission appointed to the committee by the chairman of the commission.
2. The committee shall elect one of its members to serve as its chairman and one to serve as vice chairman.
3. Three members of the committee constitute a quorum for the transaction of all business.
Sec. 3. The committee shall:
1. Provide for and encourage training and education of peace officers in order to improve criminal justice in Nevada.
2. Adopt regulations establishing minimum standards for recruitment, selection and training of peace officers. These regulations apply to all state agencies and local governments which employ persons who are peace officers.
3. Make necessary inquiries and investigations to determine whether state agencies and local governments are complying with standards for recruitment, selection and training of peace officers which have been adopted by the committee.
Sec. 4. The committee may require that training be obtained at institutions approved by the committee in its regulations, if the requirement is consistent with the provisions of this chapter.
Sec. 5. NRS 216.035 is hereby amended to read as follows:
216.035 Committee means the [peace officers standards and training committee.] committee on standards and training for peace officers.
Sec. 6. NRS 216.105 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 296 (CHAPTER 197, AB 497)κ
216.105 The commission may:
1. Apply for and accept grants and allocations awarded under the Crime Control Act, under the Delinquency Control Act or by any agency of the Federal Government.
2. Accept gifts or donations of [funds,] money, services, materials or property from any source and use [such] those gifts or donations for the proper administration of the commission.
3. Contract with public agencies, private firms or [individuals] persons for [such] goods, services and facilities [as may be] necessary to develop and implement a statewide law enforcement and delinquency control plan.
[4. Approve institutions which provide training for peace officers.
5. Establish procedures for determining whether standards for the recruitment and training of peace officers by the state and any local government are being followed.]
________
Assembly Bill No. 531Committee on Education
CHAPTER 198
AN ACT relating to duties of school trustees; requiring collective negotiation where school boards do not prescribe regulations respecting leave for personnel; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, employee means a certificated or noncertificated employee of a school district in this state.
2. A school month in any public school in this state consists of 4 weeks of 5 days each.
3. Nothing contained in this section prohibits the payment of employees compensation in 12 equal monthly payments for 9 or more months work.
4. The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted work days in the year.
5. Boards of trustees shall either prescribe by regulation [,] or [may in the alternative] negotiate pursuant to the Local Government Employee-Management Relations Act, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees. If any subject specified in this subsection is included in a negotiated agreement, the terms of the agreement shall govern in case of a conflict with regulations prescribed by the board.
κ1979 Statutes of Nevada, Page 297 (CHAPTER 198, AB 531)κ
terms of the agreement shall govern in case of a conflict with regulations prescribed by the board.
6. The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the individual employee. An employee shall not be credited with more than 15 days of sick leave in any 1 school year. Accumulated sick leave up to a maximum of 30 days may be transferred from one school district to another.
7. Subject to the provisions of subsection 8:
(a) When an intermission of less than 6 days is ordered by the board of trustees for any good reason, no deduction of salary shall be made therefor.
(b) When on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees or by a duly constituted board of health and such intermission or closing does not exceed 30 days at any one time, there shall be no deduction or discontinuance of salaries.
8. If the board of trustees orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district during such compensatory extension period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the compensatory extension period.
________
Assembly Bill No. 569Assemblymen Harmon, May and Horn
CHAPTER 199
AN ACT relating to court records; extending provisions for the microfilming and disposal of records to justices courts; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 239.110 is hereby amended to read as follows:
239.110 The county clerk or clerk of a justices court may destroy all documents, records, instruments, books, papers, depositions and transcripts in any action or proceeding in the district court or justices court, respectively, or otherwise filed in his office pursuant to law, including transcripts of coroners inquests and depositions, if:
1. Five years have elapsed since the date of the filing of the last paper therein and the records of the [county] clerk do not show that the action or proceeding is pending on appeal or review in any court, except that:
κ1979 Statutes of Nevada, Page 298 (CHAPTER 199, AB 569)κ
(a) When the written consent of the district attorney is first obtained, transcripts of preliminary hearings may be destroyed as provided in this section; and
(b) Minutes of the district court or justices court and affidavits supporting applications for marriage licenses, after such licenses have been issued, may be destroyed immediately subject to the provisions of subsections 2 and 3.
2. The [county] clerk maintains for the use of the public a microphotographic film print or copy of each document, record, instrument, book, paper, deposition or transcript so destroyed, if the print or copy is placed and kept in a sealed container under certificate of the [county] clerk and properly indexed.
3. The [county] clerk promptly seals and stores at least one original negative of each microphotographic film in such manner and place as reasonably to assure its preservation indefinitely against loss, theft, defacement or destruction.
________
Assembly Bill No. 575Committee on Ways and Means
CHAPTER 200
AN ACT making an appropriation from the state general fund to the department of administration for bill drafts for executive agencies and the judicial department for the fiscal year ending June 30, 1979; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year ending June 30, 1979, there is hereby appropriated from the state general fund the sum of $95,000 to the budget division of the department of administration for preparation of bill drafts for executive agencies and the judicial department of the state, for the 60th session of the Nevada legislature.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 299κ
Assembly Bill No. 610Committee on Education
CHAPTER 201
AN ACT relating to the public school system; authorizing school districts to spend money for traffic signs or devices; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 393.155 is hereby amended to read as follows:
393.155 Notwithstanding the provisions of any other law, [on or after July 1, 1967,] any school district in this state may expend [moneys] money available for school construction to make necessary improvements, including but not limited to sidewalks, curbs, gutters, street lights, traffic control signs or devices, fire hydrants, water and sewer lines, street paving and drainage for flood control, which are located off the premises of the school district but are necessary or appropriate to the school construction undertaken.
________
Assembly Bill No. 116Assemblymen Wagner, Mello, Barengo, Bedrosian, Coulter, Prengaman, Polish, Hickey, Fielding, Price, Bergevin and Marvel
CHAPTER 202
AN ACT relating to fish and game; establishing a state duck stamp program; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 502.035 is hereby amended to read as follows:
502.035 Licenses, state pheasant stamps, state duck stamps and permits granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be issued by the department, upon payment of the fees required under this Title.
Sec. 2. NRS 502.300 is hereby amended to read as follows:
502.300 1. It is unlawful for any person, except a person under the age of 12 [, as provided in NRS 502.010,] or a person 65 years of age or older, to hunt: [any]
(a) Any pheasant unless at the time [of such] he is hunting he carries on his person an unexpired state pheasant stamp validated by his signature in ink across the face of the stamp.
(b) Any migratory game bird, except jacksnipe, coot, gallinule, western mourning dove, white-winged dove and band-tailed pigeon, unless at the time he is hunting he carries on his person an unexpired state duck stamp validated by his signature in ink across the face of the stamp.
κ1979 Statutes of Nevada, Page 300 (CHAPTER 202, AB 116)κ
2. State pheasant stamps [shall] and state duck stamps must be sold for a fee of $2 each by the department and by persons authorized by the department to sell hunting licenses. [as provided in NRS 502.040.] The department shall [issue such stamps only to holders of valid hunting licenses. The] determine the form of [such] stamps. [shall be determined by the department.]
Sec. 3. NRS 502.310 is hereby amended to read as follows:
502.310 All funds derived from the sale of state pheasant stamps [shall] and state duck stamps must be deposited in the fish and game fund. The department shall maintain a state pheasant stamp account and state duck stamp account to permit separate accounting records for the receipt and expenditure of funds derived from the sale of state pheasant and duck stamps. An amount not to exceed 10 percent of such funds may be used to reimburse the department for the cost of administering the state pheasant stamp [program. Such] and state duck stamp programs. This amount [shall be] is in addition to compensation allowed persons authorized to issue and sell licenses. [pursuant to NRS 502.040.]
Sec. 4. Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. 1. Before the department may undertake any project using money from the state duck stamp or pheasant stamp accounts, it shall analyze the project and provide the commission with recommendations as to the need for the project and its feasibility.
2. Money deposited in the state duck stamp account must be used for projects approved by the commission for protection and propagation of migratory game birds, and for the development and preservation of wetlands in Nevada.
3. Money deposited in the state pheasant stamp account must be used for projects approved by the commission for the preservation and propagation of pheasants, and for the development and preservation of pheasant habitats in Nevada.
Sec. 6. The department shall, not later than the 5th calendar day of each regular session of the legislature, submit to it a report summarizing any projects undertaken, receipt and expenditure of funds and public benefits achieved by the state duck stamp program.
________
κ1979 Statutes of Nevada, Page 301κ
Assembly Bill No. 117Assemblymen Wagner, Hayes and Sena
CHAPTER 203
AN ACT relating to identification cards for persons without drivers licenses; reducing the age of eligibility for the cards to 10 years of age; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.810 is hereby amended to read as follows:
483.810 The legislature finds and declares that:
1. A need exists in this state for the creation of a system of identification for [adult] residents 10 years of age or older who do not hold a drivers license.
2. To serve this purpose, official identification cards [should] must be prepared for issuance to those [adult] residents 10 years of age or older who wish to apply for them. The cards [should] must be designed in such form and distributed pursuant to such controls that they will merit the general acceptability of drivers licenses for personal identification.
Sec. 2. NRS 483.820 is hereby amended to read as follows:
483.820 1. Every [adult] resident of this state 10 years of age or older who does not hold a Nevada drivers license and makes an application as provided in this chapter is entitled to receive an identification card.
2. The department of motor vehicles shall charge and collect the same fees for issuance of an original, duplicate or changed identification card, other than a card issued to a minor, as for a drivers license. The department shall charge and collect a fee of $3 for an original identification card issued to a minor, and a fee of $2 for a duplicate card, new photograph, change of name, change of address or any combination.
Sec. 3. NRS 483.840 is hereby amended to read as follows:
483.840 1. The form of the identification cards [shall] must be similar to that of drivers licenses but distinguishable in color or otherwise.
2. Identification cards do not authorize the operation of any motor vehicle.
3. Identification cards [shall] must 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.] A colored photograph of the holder in full face if he is 21 years of age or older, a colored photograph in profile if he is under 21 years of age.
κ1979 Statutes of Nevada, Page 302 (CHAPTER 203, AB 117)κ
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.
________
Assembly Bill No. 227Assemblyman Hayes
CHAPTER 204
AN ACT relating to prostitution; removing distinctions based on sex from statutes regulating prostitution; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 175.301 is hereby amended to read as follows:
175.301 Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, or for enveigling, enticing or taking away any [female of previous chaste character,] person for the purpose of prostitution, or aiding or assisting therein, the defendant shall not be convicted upon the testimony of the [woman] person upon or with whom the offense [shall have] has allegedly been committed, unless [she is] the testimony of that person is corroborated by other evidence.
Sec. 2. Chapter 201 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in NRS 201.300 to 201.440, inclusive, unless the context otherwise requires:
1. Prostitute means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
2. Sexual conduct means any of the acts enumerated in subsection 1.
Sec. 3. NRS 201.310 is hereby amended to read as follows:
201.310 1. Any person who by force, fraud, intimidation or threats, places, or procures any other person [or persons] to place, his [wife] spouse in a house of prostitution or lead a life of prostitution [shall be] is guilty of pandering and upon conviction thereof shall be punished:
(a) Where physical force or the immediate threat of such force is used upon the [wife,] spouse, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
(b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Upon the trial of any offense mentioned in this section, [a wife shall be] either spouse is a competent witness for or against [her husband,] the other spouse, with or without [his] the others consent, and may be compelled so to testify.
κ1979 Statutes of Nevada, Page 303 (CHAPTER 204, AB 227)κ
Sec. 4. NRS 201.320 is hereby amended to read as follows:
201.320 1. Any person who [shall knowingly accept, receive, levy or appropriate] knowingly accepts, receives, levies or appropriates any money or other valuable thing, without consideration, from the proceeds of any [women engaged in prostitution,] prostitute, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Any such acceptance, receipt, levy or appropriation of [such] money or valuable thing, [shall,] upon any proceedings or trial for violation of this section, [be] is presumptive evidence of lack of consideration.
Sec. 5. NRS 201.330 is hereby amended to read as follows:
201.330 Any person [or persons who attempt] who attempts to detain any [female] other person in a disorderly house or house of prostitution because of any debt or debts [she] the other has contracted, or is said to have contracted, while living in the house, [shall be] is guilty of pandering and upon conviction thereof shall be punished:
1. Where physical force or the immediate threat of such force is used upon the [female] person, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000 or by both fine and imprisonment.
Sec. 6. NRS 201.360 is hereby amended to read as follows:
201.360 1. Every person who:
(a) [Shall place a female] Places another in the charge or custody of [another person for immoral purposes, or in a house of prostitution,] a third person with intent that [she shall live a life of prostitution, or who shall compel any female] the other person engage in prostitution or who compels the other person to reside with him or with any [other] third person for [immoral purposes, or for the] purposes of prostitution, or [shall compel any such female to reside in a house of prostitution or to live a life of prostitution; or] who compels another person to reside in a house of prostitution;
(b) [Shall ask or receive] Asks or receives any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere any [female] person for the purpose of causing [her] that person to cohabit with [any male person or persons not her husband; or
(c) Shall give, offer, or promise] someone who is not the persons spouse;
(c) Gives, offers or promises any compensation, gratuity or reward, to procure any [female for the purpose of placing her for immoral purposes] person to engage in any act of prostitution in any house of prostitution, or elsewhere, against [her will; or] the persons will;
(d) [Being the husband of any woman, or the parent, guardian or other person having legal charge of the person of a female under the age of 18 years, shall connive at, consent to, or permit her] Is the spouse, parent, guardian or other legal custodian of a person under the age of 18 and permits, connives at or consents to the minors being or remaining in any house of prostitution; [or leading a life of prostitution; or
κ1979 Statutes of Nevada, Page 304 (CHAPTER 204, AB 227)κ
spouse, parent, guardian or other legal custodian of a person under the age of 18 and permits, connives at or consents to the minors being or remaining in any house of prostitution; [or leading a life of prostitution; or
(e) Shall live with or accept] (e) Lives with or accepts any earnings of a common prostitute, or [entice or solicit] entices or solicits any person to go to a house of prostitution [for any immoral purposes, or to have sexual intercourse] to engage in sexual conduct with a common prostitute; [or
(f) Shall decoy, entice, procure] (f) Decoys, entices, procures or in any manner [or way induce any female] induces any person to become a prostitute or to become an inmate of a house of [ill fame or] prostitution, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when [she] that person does not know that the house is one of prostitution; or
(g) [Shall decoy, entice, procure] Decoys, entices, procures or in any manner [or way induce] induces any person, under the age of 21 years, to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution,
is guilty of a felony.
2. Any person who violates the provisions of subsection 1 shall be punished:
(a) Where physical force or the immediate threat of such force is used upon the [female] other person, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
(b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 7. NRS 201.390 is hereby amended to read as follows:
201.390 1. It [shall be] is unlawful for any owner or agent of any owner or any other person to keep, let or rent for any length of time, or at all, any house fronting on the principal business street or thoroughfare of any of the towns of this state, for the purpose of prostitution [or for the purpose of keeping any dance house or house commonly called a hurdy house, or house where wine, beer or spirituous liquors are sold or served by females or female waiters or attendants, or where females are used or employed to attract or solicit customers, nor shall] or to make or use any entrance or exit way to any house [referred to in this subsection be made or used] of prostitution from the principal business street or thoroughfare of any of the towns of this state.
2. Any person violating the provisions of subsection 1 shall be punished by a fine of not more than $500.
Sec. 8. NRS 201.400 is hereby amended to read as follows:
201.400 In the trial of all cases arising under the provisions of NRS 201.380 and 201.390, evidence of general reputation [shall be deemed] is competent evidence as to the question of the ill fame of any house alleged to be so kept, and to the question of the ill fame of [such woman.] any person.
κ1979 Statutes of Nevada, Page 305 (CHAPTER 204, AB 227)κ
Sec. 9. NRS 201.430 is hereby amended to read as follows:
201.430 1. It [shall be] is unlawful for any person, [or persons,] company, association or corporation doing business in this state to advertise, in any public theater, or on the public streets of any city or town, or on the public highway, any resort where [females] persons congregate for the purpose of [illicit intercourse.] engaging in acts of prostitution.
2. Any person, [or persons,] company, association or corporation violating the provisions of this section shall be punished:
(a) For the first offense, by a fine of not more than $500.
(b) For any subsequent offense, for a misdemeanor.
Sec. 10. NRS 201.440 is hereby amended to read as follows:
201.440 Any person, [or persons,] company, association or corporation doing business in this state who [shall knowingly aid, abet, solicit, encourage, permit or allow any person or persons,] knowingly aids, abets, solicits, encourages, permits or allows any person, company, association or corporation to advertise in [their] his place of business, by any device, any roadhouse [,] or resort where [females] persons congregate for the purpose of [illicit intercourse,] engaging in acts of prostitution, shall be punished:
1. For the first offense, by a fine of not more than $500.
2. For any subsequent offense, for a misdemeanor.
Sec. 11. NRS 244.345 is hereby amended to read as follows:
244.345 1. Every natural person, firm, association of persons or corporation wishing to engage in the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, softdrink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town, must:
(a) Make application [by petition] to the license board of the county in which the business is to be engaged in, for a county license of the kind desired. The application must be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, who shall present the application to the license board at its next regular meeting.
The board may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. The board shall at that meeting grant or refuse the license prayed for or enter any other order consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the sheriff may [, in his discretion,] grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board has the exclusive power to license and regulate the businesses mentioned in this subsection.
2. The board of county commissioners and the sheriff of each county constitute the license board, and the county clerk or other person designated by the license board [shall be] is the clerk thereof, in the respective counties of the state.
κ1979 Statutes of Nevada, Page 306 (CHAPTER 204, AB 227)κ
3. The license board may, without further compensation to the board or its clerk:
(a) Fix, impose and collect license fees upon the businesses mentioned in this section.
(b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating to licenses and licensees.
(d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.
4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the businesses mentioned in this section. Notice of the hearing must be published in a newspaper published [in] and having general circulation in the county at least once a week for a period of 2 weeks before the hearing.
5. New regulations must be adopted after public hearing by a vote of at least two-thirds of the members present. Upon adoption of new regulations the board shall designate their effective date, which may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations must be available for public inspection during regular business hours at the office of the county clerk.
6. Except for the adoption of new regulations, a majority vote of the members of the license board present governs in the transaction of all business. A majority of the members constitutes a quorum for the transaction of business.
7. Any natural person, firm, association of persons or corporation who engages in any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.
8. 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 license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any [female] person for the purpose of prostitution.
Sec. 12. NRS 201.370 is hereby repealed.
Sec. 13. Section 11 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
κ1979 Statutes of Nevada, Page 307κ
Assembly Bill No. 260Assemblymen Hayes, Horn, Coulter, Sena, Wagner and Getto
CHAPTER 205
AN ACT relating to salaries of school teachers; prohibiting distinctions based on sex; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 391.160 is hereby amended to read as follows:
391.160 The salaries of teachers shall be determined by the character of the service required. [In no] A school district shall [there be any discrimination against] not discriminate between male and female teachers in the matter of salary.
________
Assembly Bill No. 303Committee on Ways and Means
CHAPTER 206
AN ACT making an appropriation from the state general fund to the Nevada historical society for the preservation of historic photographs; and providing other matters properly relating thereto.
[Approved April 24, 1979]
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 Nevada historical society the sum of $51,951 for the purpose of preserving certain historic photographs.
Sec. 2. After June 30, 1981, the unencumbered balance of the appropriation made in section 1 of this act may not be encumbered and must revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 308κ
Assembly Bill No. 391Assemblymen Mann, Sena, Chaney and Polish
CHAPTER 207
AN ACT relating to the department of prisons; requiring monthly reports to offenders of the amount of money in the offenders store fund; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 209.221 is hereby amended to read as follows:
209.221 1. The [prisoners] offenders store fund is hereby created as a trust fund. All money received for the benefit of offenders through contributions, percentages from sales of goods manufactured by the offenders, and from other sources not otherwise required to be deposited in another fund, shall be deposited in the [prisoners] offenders store fund.
2. The director shall:
(a) Deposit the [prisoners] offenders store fund in one or more banks of reputable standing;
(b) Keep, or cause to be kept, a full and accurate account of the fund; and
(c) Submit reports to the board relative to money in the fund as may be required from time to time.
(d) Submit a monthly report to the offenders of the amount of money in the fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected.
3. Money in the [prisoners] offenders store fund shall be expended for the welfare and benefit of all offenders.
________
Assembly Bill No. 435Assemblymen Mann, Sena, Chaney and Polish
CHAPTER 208
AN ACT relating to prisons; transferring the responsibility for the establishment of educational and vocational training programs at the prison from the director to the governing board of the department of prisons; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board shall establish by regulation programs of general education and vocational training for offenders.
κ1979 Statutes of Nevada, Page 309 (CHAPTER 208, AB 435)κ
2. The regulations must take appropriate account of the following matters:
(a) The educational level and needs of offenders;
(b) Opportunities for employment in free society;
(c) Interests of offenders; and
(d) The number of offenders desiring participation in such programs.
3. The regulations must provide for an assessment of these programs at least every 3 years by qualified persons, professional groups or trade associations.
Sec. 2. NRS 209.391 is hereby amended to read as follows:
209.391 The director shall:
1. Establish programs to provide medical, psychological, psychiatric and other appropriate forms of counseling to offenders under the jurisdiction of the department, in accordance with classification requirements.
2. [Establish] Administer educational and vocational programs and training, established by the board, directed toward the eventual release of the offender to the community as a productive, law-abiding citizen.
________
Assembly Bill No. 465Assemblyman Prengaman
CHAPTER 209
AN ACT relating to vehicle licensing; authorizing special plates with owners radio call letters for trailers and travel trailers; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.375 is hereby amended to read as follows:
482.375 1. An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of such amateur radio station license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of $3, shall be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. Such plate or plates may be used only on a private passenger car, trailer or travel trailer or on a noncommercial truck having an unladen weight of 6,000 pounds or less.
2. The department shall make such rules and regulations as are necessary to ascertain compliance with all state license laws relating to use and operation of a motor vehicle before issuing such plates in lieu of the regular Nevada license plate or plates, and all applications for such plates shall be made to the department.
κ1979 Statutes of Nevada, Page 310 (CHAPTER 209, AB 465)κ
of the regular Nevada license plate or plates, and all applications for such plates shall be made to the department.
Sec. 2. This act shall become effective on January 1, 1980.
________
Assembly Bill No. 501Assemblymen Mello and Barengo
CHAPTER 210
AN ACT relating to industrial insurance; providing for the salary of the state industrial attorney; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.253 is hereby amended to read as follows:
616.253 1. The office of state industrial attorney is hereby created. The governor shall appoint the state industrial attorney for a term of 4 years.
2. The state industrial attorney shall:
(a) Be an attorney licensed to practice law in this state;
(b) Be in the unclassified service of the state; and
(c) Not engage in the private practice of law.
3. The state industrial attorney is entitled to receive an annual salary [of $25,000.] in an amount determined pursuant to the provisions of NRS 284.182.
4. The duties of the state industrial attorney are limited to those prescribed by NRS 616.2537 and 616.2539.
________
Assembly Bill No. 557Committee on Ways and Means
CHAPTER 211
AN ACT relating to the state legislature; providing for payment of salaries to members of the legislature for attendance at presession orientation conferences; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.223 is hereby amended to read as follows:
218.223 1. Except as provided in subsection 2, each senator and assemblyman is entitled to receive a salary of $40 and the per diem allowance and travel expenses provided by law for each day of attendance at a presession orientation conference or at a conference, meeting, seminar or other gathering at which he officially represents the State of Nevada or its legislature.
κ1979 Statutes of Nevada, Page 311 (CHAPTER 211, AB 557)κ
seminar or other gathering at which he officially represents the State of Nevada or its legislature.
2. This section does not apply:
(a) During a regular or special session of the legislature; or
(b) To any senator or assemblyman who is otherwise entitled to receive a salary and the per diem allowance and travel expenses.
Sec. 2. The payment of salaries to members of the legislature for their attendance at the presession orientation conference held during the month of November 1978 is hereby ratified.
________
Assembly Bill No. 581Committee on Commerce
CHAPTER 212
AN ACT relating to public works projects; removing the limit on the number of hours a person may work pursuant to a public works contract; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 338.110 is hereby repealed.
________
Assembly Bill No. 571Assemblymen Coulter, Hayes, Banner, Sena, Wagner, Fielding, Weise, Jeffrey, Craddock, Barengo and Prengaman
CHAPTER 213
AN ACT relating to court proceedings; repealing a prohibition against televising, broadcasting or filming criminal proceedings; repealing a provision requiring a court on motion to ban such activities in proceedings generally; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 1.220 and 178.604 are hereby repealed.
________
κ1979 Statutes of Nevada, Page 312κ
Assembly Bill No. 627Assemblymen Hickey, Chaney, Getto, Bremner, May, Banner, Hayes, Brady, Sena, Bennett, Jeffrey, Cavnar, Craddock, Mann, Rusk, Marvel, Polish, Vergiels, Mello and Weise
CHAPTER 214
AN ACT relating to state boundaries; repealing a provision concerning the western boundary; and providing other matters properly relating thereto.
[Approved April 24, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 234.010 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 38Assemblymen Horn and Vergiels
CHAPTER 215
AN ACT relating to public schools; providing for state board of education regulations concerning submission by school districts of certain information related to the achievement of pupils; and providing other matters properly relating thereto.
[Approved April 24, 1979]
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:
The state board of education shall prescribe regulations requiring that each board of trustees of a school district submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent, the results of proficiency examinations given in the 3rd, 6th, 9th and 12th grades of public school pupils in the district. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.
________
Senate Bill No. 129Committee on Judiciary
CHAPTER 216
AN ACT relating to the writ of habeas corpus; eliminating certain appeals from the denial of a writ of habeas corpus; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 34.380 is hereby amended to read as follows:
34.380 1. Except as otherwise provided in this section, a writ of habeas corpus may be granted by each justice of the supreme court or judges of district courts at any time.
κ1979 Statutes of Nevada, Page 313 (CHAPTER 216, SB 129)κ
habeas corpus may be granted by each justice of the supreme court or judges of district courts at any time.
2. Each of the justices of the supreme court may issue writs of habeas corpus to any part of the state, on petition by, or on behalf of any person held in actual custody, and may make such writ returnable before himself or before the supreme court, or before any district court in the state or before any judge of the district court, as provided in section 4 of article 6 of the constitution of the State of Nevada.
3. A district judge may only issue writs of habeas corpus on petition by, or in behalf of, any person held in actual custody within the judicial district of the district judge to whom the application for the writ is made, as provided in section 6 of article 6 of the constitution of the State of Nevada.
4. A district court shall not consider any pretrial petition for habeas corpus:
(a) Based on alleged want of probable cause or otherwise challenging the courts right or jurisdiction to proceed to the trial of a criminal charge unless a petition is filed in accordance with NRS 34.375.
(b) Based on a ground which the petitioner could have included as a ground for relief in any prior petition for habeas corpus or other petition for extraordinary relief.
5. When an application is made to a justice of the supreme court for a writ of habeas corpus and the application is entertained by the justice, or the supreme court, and thereafter denied, the person making such application has no right to submit thereafter an application to the district judge of the district wherein such applicant is held in custody, nor to any other district judge in any other judicial district of the state, premised upon the illegality of the same charge upon which such applicant is held in custody.
6. [An applicant who has petitioned the district judge of a judicial district, as provided in this chapter, and whose application for such writ is denied, may appeal to the supreme court from the order and judgment of the district judge or district court refusing to grant the writ or to discharge the applicant, but such appeal shall be taken within 15 days from the day of entry of the order or judgment.
7.] The State of Nevada is an interested party in habeas corpus proceedings, and, in the event the district judge or district court to whom or to which an application for a writ of habeas corpus has been made shall grant such writ, then the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge granting the writ and discharging the applicant; but such appeal shall be taken within 15 days from the day of entry of the order.
[8.] 7. Whenever an appeal is taken from an order of the district court granting [or denying] a pretrial petition for habeas corpus based on alleged want of probable cause, or otherwise challenging the courts right or jurisdiction to proceed to trial of a criminal charge, the clerk of the district court shall forthwith certify and transmit to the supreme court of Nevada, as the record on appeal, the original papers on which such petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court.
κ1979 Statutes of Nevada, Page 314 (CHAPTER 216, SB 129)κ
court of Nevada, as the record on appeal, the original papers on which such petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of such transcript in preference to any request for a transcript in any civil matter. When such appeal is docketed in the supreme court of Nevada, it stands submitted without further briefs or oral argument, unless the supreme court otherwise orders.
[9.] 8. Any procedure provided by law for a change of judge in a civil proceeding before any court of this state, except the supreme court, applies to the proceedings set forth in this section.
________
Senate Bill No. 117Committee on Human Resources and Facilities
CHAPTER 217
AN ACT relating to immunization of children; providing for the exclusion from public and private schools of children who have not met statutory requirements for immunization; extending immunization requirements to children in child care facilities; increasing powers of health division to enforce requirements relating to immunization of children; providing penalties; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Whenever the state board of health or a local board of health determines that there is a dangerous contagious disease in a public school attended by a child for whom exemption from immunization is claimed pursuant to the provisions of NRS 392.437 or 392.439, the board of trustees of the school district shall require either:
1. That the child be immunized; or
2. That he remain outside the school environment and the local health officer be notified.
Sec. 3. Any parent or guardian who refuses to remove his child from the public school in which he is enrolled when retention in school is prohibited under the provisions of NRS 392.435, 392.443 or section 2 of this act is guilty of a misdemeanor.
Sec. 4. NRS 392.435 is hereby amended to read as follows:
392.435 1. [Within 3 months after any child is] Unless excused because of religious belief or medical condition, a child may not be enrolled in a public school within this state [,] unless his parents or guardian [shall] submit to the board of trustees of the school district in which the child resides a certificate or certificates stating that the child has been immunized and has received [or is in the process of receiving] proper boosters for such immunization or is [in the process of being immunized] complying with the time limits and schedules established by regulation pursuant to NRS 439.550 for the following diseases.
κ1979 Statutes of Nevada, Page 315 (CHAPTER 217, SB 117)κ
immunized] complying with the time limits and schedules established by regulation pursuant to NRS 439.550 for the following diseases.
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the state board of health may determine.
2. The certificate or certificates required in subsection 1 [shall] must show that such required immunization vaccines and boosters were given, and [shall] must bear the signature of the licensed physician or registered nurse who administered such vaccines or boosters. If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian [shall suffice.] suffices.
3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.
4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officials within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 200.501 to 200.508, inclusive.
5. The requirements of subsection 1 [will be] are satisfied if a certificate or certificates have been filed in a previous year with any school district or any licensed private school or child care facility, in the State of Nevada indicating that a pupil has been immunized as required by this section.
[4.] 6. Before December 31 of each year, each school district [shall] must report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.
Sec. 5. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. Whenever the state board of health or a local board of health determines that there is a dangerous contagious disease in a private school attended by a child for whom exemption from immunization is claimed pursuant to the provisions of NRS 394.193 or 394.194, the governing body of such private school shall require either:
1. That the child be immunized; or
2. That he remain outside the school environment and the local health officer be notified.
Sec. 7. Any parent or guardian who refuses to remove his child from the private school in which he is enrolled when retention in school is prohibited under the provisions of NRS 394.192, 394.196 or section 6 of this act is guilty of a misdemeanor.
κ1979 Statutes of Nevada, Page 316 (CHAPTER 217, SB 117)κ
Sec. 8. NRS 394.192 is hereby amended to read as follows:
394.192 1. [Within 3 months after any child is] Unless excused because of religious belief or medical condition, a child may not be enrolled in a private school within this state [for the first time,] unless his parents or guardian [shall] submit to the governing body of such private school a certificate or certificates stating that the child has been immunized and has received [or is in the process of receiving] proper boosters for such immunization or is [in the process of being immunized] complying with the time limits and schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella; [and]
(f) Rubeola; and
(g) Such other diseases as the [board of trustees] local board of health or the state board of health may determine.
2. The certificate or certificates required in subsection 1 [shall] must show that such required immunization vaccines and boosters were given, and [shall] must bear the signature of the licensed physician or registered nurse who administered such vaccines or boosters. If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian [shall suffice.] suffices.
3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.
4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officials within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 200.501 to 200.508, inclusive.
5. The requirements of subsection 1 are satisfied if a certificate or certificates have been filed in a previous year with any school district, or any licensed private school or child care facility, in the State of Nevada indicating that a pupil has been immunized as required by this section.
6. Before December 31 of each year, each private school must report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.
Sec. 9. Chapter 439 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Clinics for the immunization of children for the diseases enumerated in NRS 392.435, 394.192 and section 15 of this act must be held by the county, city, town or district boards of health, as the case may be, not less than 1 month before the opening date of the school year in the respective counties, cities and towns within the state.
κ1979 Statutes of Nevada, Page 317 (CHAPTER 217, SB 117)κ
be, not less than 1 month before the opening date of the school year in the respective counties, cities and towns within the state.
2. Qualified personnel of any clinic who administer vaccines or boosters pursuant to this section in good faith and without gross negligence are immune from civil and criminal liability.
Sec. 10. NRS 439.550 is hereby amended to read as follows:
439.550 1. Each local health officer is charged with the strict and thorough enforcement of the provisions of this chapter in his jurisdiction, under the supervision and direction of the health division. [He]
2. Each local health officer, under the direction and supervision of the health division, shall enforce all provisions of law requiring the immunization of children in the public schools, private schools and child care facilities in his jurisdiction and, after consulting boards of trustees of school districts, private school officials and operators of child care facilities, shall adopt regulations for the enforcement of those provisions, including the establishment of time limits and schedules for the immunization of children at various grade levels.
3. Each local health officer shall make reports to the health division of any violation [of this chapter] coming to his notice by observation or upon complaint of any person or otherwise.
Sec. 11. NRS 439.560 is hereby amended to read as follows:
439.560 All health officers, local boards of health, sheriffs, constables, policemen, marshals, all persons in charge of public buildings and institutions, and all other public officers and employees shall respect and enforce this chapter, all provisions of law requiring the immunization of children in public schools, private schools and child care facilities, and all lawful rules, orders and regulations adopted in pursuance thereof in every particular affecting their respective localities and duties.
Sec. 12. NRS 439.565 is hereby amended to read as follows:
439.565 1. Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or proposes to violate this chapter [or] , provisions of law requiring the immunization of children in public schools, private schools and child care facilities, any regulation of the state board of health or any [rule or] regulation of a county, district or city board of health approved by the state board of health pursuant to [NRS 439.350, 439.410 and 439.460] this chapter may be enjoined by any court of competent jurisdiction.
2. Actions for injunction under this section may be prosecuted by the attorney general, any district attorney in this state or any retained counsel of any local board of health in the name and upon the complaint of the state board of health or any local board of health, or upon the complaint of the state health officer or of any local health officer or his deputy.
Sec. 13. NRS 439.570 is hereby amended to read as follows:
439.570 1. When the health authority deems it necessary, he shall report cases of violation of any of the provisions of this chapter or of provisions of law requiring the immunization of children in public schools, private schools and child care facilities, to the district attorney of the county, with a statement of the facts and circumstances. When any such case is reported to him by the health authority, the district attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law.
κ1979 Statutes of Nevada, Page 318 (CHAPTER 217, SB 117)κ
any such case is reported to him by the health authority, the district attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law.
2. Upon request of the health division, the attorney general shall assist in the enforcement of the provisions of this chapter [.] and provisions of law requiring the immunization of children in public schools, private schools and child care facilities.
Sec. 14. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 20, inclusive, of this act.
Sec. 15. 1. Unless excused because of religious belief or medical condition, a child may not be admitted to any child care facility within this state, including a facility licensed by a county or city, unless his parents or guardian submit to the operator of the facility a certificate or certificates stating that the child has been immunized and has received proper boosters for such immunization or is complying with the time limits and schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the state board of health may determine.
2. The certificate or certificates required in subsection 1 must show that such required immunization vaccines and boosters were given, and must bear the signature of the licensed physician or registered nurse who administered such vaccines or boosters. If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian suffices.
3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional admission do not apply.
4. A child may enter a child care facility conditionally if the parent, or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the operator of the child care facility within 90 school days after the child was conditionally admitted, the child must be excluded from the facility.
5. The requirements of subsection 1 are satisfied if a certificate or certificates have been filed in a previous year with any licensed child care facility, school district or licensed private school in the State of Nevada indicating that the child has been immunized as required by this section.
6. Before December 31 of each year, each child care facility must report to the health division, on a form furnished by the division, the exact number of children who have completed the immunizations required by this section.
κ1979 Statutes of Nevada, Page 319 (CHAPTER 217, SB 117)κ
Sec. 16. If the religious belief of a childs parents or guardian prohibits the immunization of the child as required by section 15 of this act, a written statement of this fact signed by the parents or guardian and presented to the operator of the facility exempts the child from the provisions of that section for purposes of admission.
Sec. 17. If the medical condition of a child will not permit him to be immunized to the extent required by section 15 of this act, a written statement of this fact signed by a licensed physician and presented to the operator of the facility by the parents or guardian of such child exempts such child from all or part of the provisions of section 15 of this act, as the case may be, for purposes of admission.
Sec. 18. If, after a child has been admitted to a child care facility, including a facility licensed by a county or city, additional immunization requirements are provided by law, the childs parents or guardian shall submit an additional certificate or certificates to the operator of the facility stating that such child has met the new immunization requirements.
Sec. 19. Whenever the state board of health or a local board of health determines that there is a dangerous contagious disease in a child care facility attended by a child for whom exemption from immunization is claimed pursuant to the provisions of section 16 or 17 of this act, the operator of the facility shall require either:
1. That the child be immunized; or
2. That he remain outside the school environment and the local health officer be notified.
Sec. 20. Any parent or guardian who refuses to remove his child from the child care facility to which he has been admitted when retention in the facility is prohibited under the provisions of section 15, 18 or 19 of this act is guilty of a misdemeanor.
Sec. 21. NRS 392.441, 392.445, 394.195 and 394.197 are hereby repealed.
________
Assembly Bill No. 423Committee on Commerce
CHAPTER 218
AN ACT relating to contractors; adding to the causes for disciplinary action the submission of a bid, by or to a contractor, for a contract beyond the limit of his license; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 624.3015 is hereby amended to read as follows:
624.3015 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Acting in the capacity of a contractor beyond the scope of the license, by bidding to contract or contracting for a sum for one construction contract or project in excess of the limit placed on the license by the board.
κ1979 Statutes of Nevada, Page 320 (CHAPTER 218, AB 423)κ
license, by bidding to contract or contracting for a sum for one construction contract or project in excess of the limit placed on the license by the board.
2. Knowingly entering into a contract with a contractor while such contractor is not licensed, or bidding to contract or entering into a contract with a contractor for work in excess of his limit or beyond the scope of his license.
________
Assembly Bill No. 424Committee on Commerce
CHAPTER 219
AN ACT relating to contractors; broadening grounds for and remedies in disciplinary actions; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 624.300 is hereby amended to read as follows:
624.300 1. The board [shall have power to] may suspend or revoke licenses already issued, [to] refuse renewals of licenses, [to] impose limits on the field, scope and monetary limit of the license [as provided in NRS 624.220 or to] or reprimand or [to] take other less severe disciplinary action, including without limitation, increasing the amount of the surety bond or cash deposit of the licensee, if the licensee [has committed an act or acts set forth in NRS 624.301 to 624.3018, inclusive, which constitute] commits any act which constitutes a cause for disciplinary action.
2. If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, [which is a cause for disciplinary action under subsection 3 of NRS 624.3013,] the board may, in addition to any other conditions for reinstating or renewing [such] the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.
Sec. 2. NRS 624.301 is hereby amended to read as follows:
624.301 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the licensee as a contractor.
2. Failure in a material respect on the part of a licensee to complete any construction project or operation for the price stated in the contract for [such] the project or operation or any modification [thereof.] of the contract.
3. Willful failure or refusal without legal excuse on the part of a licensee as a contractor to prosecute a construction project or operation with reasonable diligence, thereby causing material injury to another.
κ1979 Statutes of Nevada, Page 321 (CHAPTER 219, AB 424)κ
licensee as a contractor to prosecute a construction project or operation with reasonable diligence, thereby causing material injury to another.
4. Willful failure or refusal without legal excuse on the part of a licensee to comply with the terms of a construction contract or written warranty, thereby causing material injury to another.
________
Assembly Bill No. 425Committee on Commerce
CHAPTER 220
AN ACT relating to contractors; changing the standard used to measure the monetary limit on a contractors license; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 624.220 is hereby amended to read as follows:
624.220 1. The board may adopt [rules and] regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as defined by NRS 624.215 and the [rules and] regulations of the board.
2. The board may limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractors license, and [such limit shall] the limit must be the maximum contract a licensed contractor [shall undertake under a specific contract on] may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The board may take [such] any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit, if any, [shall] must be determined after consideration of the factors set forth in NRS 624.260 to 624.265, inclusive.
3. Nothing contained in this section [shall prohibit] prohibits a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.
________
κ1979 Statutes of Nevada, Page 322κ
Assembly Bill No. 450Committee on Commerce
CHAPTER 221
AN ACT relating to secondhand dealers; exempting certain charitable organizations from the provisions of chapter 647 of NRS; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 647.100 is hereby amended to read as follows:
647.100 As used in NRS 647.100 to 647.145, inclusive, every secondhand dealer means any person engaged in whole or in part in the business of buying and selling secondhand personal property, metal junk or melted metals. [shall be deemed to be a secondhand dealer.]
Sec. 2. Chapter 647 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All charitable organizations which are recognized as such by the Internal Revenue Code of the United States are exempt from the provisions of this chapter.
Sec. 3. NRS 207.080 is hereby amended to read as follows:
207.080 1. For the purpose of NRS 207.080 to 207.150, inclusive, a convicted person is defined as:
(a) Any person who has been or hereafter is convicted of an offense punishable as a felony in the State of Nevada, or who has been or who is hereafter convicted of any offense in any place other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.
(b) Any person who has been or hereafter is convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the [same] violation is or is not punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Narcotic Drug Act.
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.
(c) Any person who has been, or who hereafter is, convicted of a crime in the State of Nevada, under the provisions of one or more of NRS 122.220, 201.120 to 201.170, inclusive, 201.250, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.055, 202.200 to 202.230, inclusive, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 462.010 to 462.080, inclusive, 465.010 to 465.070, inclusive, 646.010 to 646.060, inclusive, 647.095, 647.100, 647.110, 647.120, 647.130, 647.140 and 647.145, or who has been, or hereafter is, convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.
κ1979 Statutes of Nevada, Page 323 (CHAPTER 221, AB 450)κ
hereafter is, convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.
(d) Any person who has been, or who hereafter is, convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. Any person, except as hereinafter set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.
________
Assembly Bill No. 459Assemblymen Barengo and Hayes
CHAPTER 222
AN ACT relating to criminal procedure; authorizing an arresting officer to immediately release under certain circumstances a person he arrests without a warrant; providing for a record of release; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 171.178 is hereby amended to read as follows:
171.178 1. Except as provided in [subsection 4,] subsections 4 and 5, a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
2. A private person making an arrest without a warrant shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada or deliver the arrested person to a peace officer.
3. When a person arrested without a warrant is brought before a magistrate, a complaint shall be filed forthwith.
4. Except as provided in NRS 178.487, where the defendant can be admitted to bail without appearing personally before a magistrate, he shall be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.
5. A peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant if the peace officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person arrested. Any record of the arrest of a person released pursuant to this subsection must also include a record of the release. A person so released shall be deemed not to have been arrested but only detained.
κ1979 Statutes of Nevada, Page 324 (CHAPTER 222, AB 459)κ
Sec. 2. NRS 176.215 is hereby amended to read as follows:
176.215 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court. Such period with any extensions thereof shall not exceed 5 years.
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. [The] Except as provided in subsection 3, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
3. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.
Sec. 3. NRS 213.151 is hereby amended to read as follows:
213.151 1. The boards written order, certified to by the chief parole and probation officer, is sufficient warrant for any parole and probation officer or other peace officer to arrest any conditionally released or paroled prisoner.
2. Every sheriff, constable, chief of police, prison officer or other peace officer shall execute any such order in like manner as ordinary criminal process.
3. Any parole and probation officer or any peace officer with power to arrest may arrest a parolee without a warrant if there is probable cause to believe that he has committed acts that would constitute a violation of his parole.
4. [After] Except as provided in subsection 5, after arresting a paroled prisoner for violation of a condition of his parole and placing him in detention, the arresting officer shall:
(a) Present to the detaining authorities a statement of the charges against the parolee.
(b) Notify the board of the arrest and detention of the parolee and submit a written report showing in what manner the parolee violated a condition of his parole.
5. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of parole if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of parole.
κ1979 Statutes of Nevada, Page 325 (CHAPTER 222, AB 459)κ
and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of parole.
________
Assembly Bill No. 87Assemblyman Robinson
CHAPTER 223
AN ACT relating to programs for public employees; extending group insurance and medical and hospital service coverage to retired public employees who are eligible for coverage under the federal Health Insurance for the Aged Act; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 287.023 is hereby amended to read as follows:
287.023 1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, [such] the officer or employee [shall have] has the option upon such retirement to:
(a) Cancel any such coverage that he or his dependents might have; or
(b) Continue any such group insurance or medical and hospital service coverage that he or his dependents may have, to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. § 1395 et seq.), upon assuming the full premium or membership costs [in such programs,] for the coverage continued, until such time as he [may elect] elects to be covered under another group insurance or medical and hospital service coverage.
2. Notice of the selection of the option [shall] must be given in writing to the group insurance or hospital and medical service carrier. If no notice is given prior to the date that the first premium payment following retirement is due, the retired employee shall be deemed to have selected the option to cancel his coverage. [The coverage for any individual receiving benefits will terminate upon that individuals first eligible day for benefits under the Health Insurance for the Aged Act (42 U.S.C. § 1395 et seq.).]
________
κ1979 Statutes of Nevada, Page 326κ
Assembly Bill No. 231Assemblymen Westall, Mann, Sena, Tanner, Craddock, Brady, Chaney, Getto, Dini, Banner, Cavnar, Bergevin, Horn, Malone, Price, Fielding, Barengo, Rusk, Vergiels and Glover
CHAPTER 224
AN ACT relating to domestic relations; authorizing district courts to grant certain relatives of a deceased or divorced parent a right to visit that parents unmarried minor child except under certain circumstances; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 123 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If a parent of an unmarried minor child is deceased or divorced from the parent who has custody of the child, the district court in the county in which the child resides may grant to the grandparents, parents and other children of the parent who is deceased or divorced from the parent who has custody of the child a reasonable right to visit the child during his minority, if the court finds that the visits would be in the best interests of the child. In determining whether to grant this right to a petitioner who is not one of the parents of the person who is deceased or does not have custody of the child, the court shall consider the amount of personal contact between the petitioner and the child which occurred before the petition for the right to visit was filed.
2. Rights to visit a child may be granted:
(a) In a divorce decree; or
(b) Upon a petition filed by an eligible person after a divorce or the death of the parent to whom the person was related.
3. Termination of the parental rights of a parent also terminates any rights granted pursuant to this section to persons related to the parent, and bars any granting of such rights to those persons.
________
Assembly Bill No. 263Assemblymen Hayes, Westall, Sena, Horn and Getto
CHAPTER 225
AN ACT relating to the duties of the commissioner of veteran affairs; extending to widowers the duties owing to assist widows; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 417.090 is hereby amended to read as follows:
417.090 The commissioner and the deputy commissioner shall:
1. Assist veterans, and those presently serving in the military and naval forces of the United States who are residents of the State of Nevada, their wives, widows, widowers, husbands, children, dependents, administrators, executors and personal representatives, in preparing, submitting and presenting any claim against the United States, or any state, for adjusted compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation, and assist them in obtaining any aid or benefit to which they may, from time to time, be entitled under the laws of the United States or of any of the states.
κ1979 Statutes of Nevada, Page 327 (CHAPTER 225, AB 263)κ
naval forces of the United States who are residents of the State of Nevada, their wives, widows, widowers, husbands, children, dependents, administrators, executors and personal representatives, in preparing, submitting and presenting any claim against the United States, or any state, for adjusted compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation, and assist them in obtaining any aid or benefit to which they may, from time to time, be entitled under the laws of the United States or of any of the states.
2. Aid, assist, encourage and cooperate with every nationally recognized service organization insofar as the activities of such organizations are for the benefit of veterans and servicemen and women.
3. Give aid, assistance and counsel to each and every problem, question and situation, individual as well as collective, affecting any veteran or serviceman or woman, or their dependents, or any group of veterans or servicemen and women, when in their opinion such comes within the scope of this chapter.
4. Coordinate activities of veterans organizations.
5. Serve as a clearinghouse and disseminate information relating to veterans benefits.
6. Conduct any studies which will assist veterans to obtain compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state.
________
Assembly Bill No. 326Committee on Ways and Means
CHAPTER 226
AN ACT making an appropriation from the state general fund to the department of prisons for the purchase of equipment for the renovated maximum security prison; and providing other matters properly relating thereto.
[Approved April 27, 1979]
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 prisons the sum of $200,458 for the purpose of purchasing equipment for the renovated maximum security prison.
Sec. 2. After June 30, 1982, the unencumbered balance of the appropriation made in section 1 of this act may not be encumbered and must revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 328κ
Assembly Bill No. 373Committee on Ways and Means
CHAPTER 227
AN ACT making an additional and supplemental appropriation from the state general fund for the support of the department of prisons; and providing other matters properly relating thereto.
[Approved April 27, 1979]
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 prisons the sum of $448,505 for the fiscal year ending June 30, 1979, as an additional and supplemental appropriation to the appropriation allowed and made by section 32 of chapter 574, Statutes of Nevada 1977.
Sec. 2. After June 30, 1980, any unencumbered balance of the appropriation made by section 1 of this act must not be committed for expenditure, and such a balance reverts to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 393Assemblymen Mann, Sena, Chaney and Polish
CHAPTER 228
AN ACT relating to prisons; provides for the establishment of procedures for allowing offenders to retain reasonable amounts of personal property in prison; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The superintendent of each institution shall adopt and issue a written policy statement regulating the personal property which an offender may retain in his possession, including:
1. Procedures necessary to ensure that offenders are permitted to retain reasonable amounts of personal property, consistent with security and the proper functioning of the institution.
2. Necessary procedures for the careful handling and secure storage of the personal property of an offender.
________
κ1979 Statutes of Nevada, Page 329κ
Assembly Bill No. 512Committee on Judiciary
CHAPTER 229
AN ACT relating to crimes and punishments; including the willful and malicious burning of natural or cultivated flora or other flammable material as arson in the third degree; redefining certain other related public offenses; providing penalties; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 205.020 is hereby amended to read as follows:
205.020 Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of [any] :
1. Any unoccupied personal property of another which has the value of $25 or more [and the property of another person] ; or
2. Any timber, forest, shrubbery, crops, grass, vegetation or other flammable material not his own,
is guilty of arson in the third degree and [, upon conviction thereof,] shall be sentenced to imprisonment for not less than 1
year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.
Sec. 2. NRS 206.015 is hereby amended to read as follows:
206.015 Every person who willfully and maliciously:
1. Cuts down, destroys or injures, other than by burning, any wood, timber, grain, grass or crop, standing or growing, or which has been cut down and is lying upon the lands of another, or of the state;
2. Cuts down, laps, girdles or otherwise injures or destroys, other than by burning, a fruit, shade or ornamental tree standing on the land of another, or of the state, or in any road or street; or
3. Cuts down, destroys or in any way injures, other than by burning, any shrub, tree, vine or garden produce grown or growing within any orchard, garden, vineyard or yard, or any framework or erection therein,
is guilty of a public offense proportionate to the value of the loss resulting therefrom.
Sec. 3. NRS 475.040 is hereby amended to read as follows:
475.040 Every person who, with gross negligence, lights a fire for any purpose along the road through any woodland, or upon the same, or at any other place in the open, and thereby, or by any other means, sets fire to any growing timber or forest, shrubbery, crops, grass or vegetation, and thereby causes the destruction of any timber, forest, crops, grass, vegetation or property not his own, is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the loss resulting therefrom, in addition to being liable to the owner of such property for the full value thereof in a civil action.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 330κ
Senate Bill No. 142Committee on Human Resources and Facilities
CHAPTER 230
AN ACT relating to blind persons; providing for the operation of vending facilities when blind operators are unavailable or an operator is temporarily unable to conduct business; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The bureau may, in interim periods when no blind licensee is available to operate a vending facility and its continuous operation is required, establish a checking account in a depository bank qualified to receive deposits of public money pursuant to chapter 356 of NRS. All money received from the vending facility during the interim period must be deposited to the account and all expenses necessary to maintain the interim operation of the facility must be paid from the account.
2. If the blind licensee who operated the facility returns after a temporary disability, the bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the licensee.
3. If a blind licensee other than the one who previously operated the facility is permanently assigned to it, the bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the business enterprise contingent fund for the blind.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 196Senator Blakemore
CHAPTER 231
AN ACT relating to jurors; entitling jurors to the same allowances for lodging as are received by state officers and employees; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 6.150 is hereby amended to read as follows:
6.150 1. Each person summoned to attend as a grand juror or a trial juror in the district court or justices court, unless on or before the day he is summoned to attend he is excused by the court at his own request from serving, [shall receive] is entitled to $9 [per day] for each day he [may be] is in attendance in response to the venire or summons, which [shall include] includes Sundays and holidays.
κ1979 Statutes of Nevada, Page 331 (CHAPTER 231, SB 196)κ
2. Each grand juror and trial juror in the district court or justices court actually sworn and serving [shall receive] is entitled to $15 [per each day] as full compensation for each day of service.
3. Each person summoned to attend as a grand juror or a trial juror in the district court or justices court and each grand juror and trial juror in the district court or justices court [shall] is entitled to receive 15 cents a mile for each mile necessarily and actually traveled by the shortest and most practical route. Where the mileage does not exceed 1 mile, no allowance may be made therefor. If the home of a person summoned or serving as such a juror is 60 miles or more from the place of trial and the selection, inquiry or trial [last] lasts more than 1 day, he is entitled to receive an allowance [of $15.50] for lodging [,] at the rate provided by law for state employees, in addition to his daily compensation for attendance or service, for each day on which he does not return to his home.
4. In civil cases, the per diem of each juror engaged in the trial of the cause [shall] must be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who [shall have] has demanded the jury. [In case] If the party paying such fees [shall be] is the prevailing party, the fees [so paid shall be] are recoverable as costs from the losing party. If the jury from any cause [be] is discharged in a civil action without finding a verdict and the party who demands the jury [shall afterwards obtain] subsequently obtains judgment, the fees so paid [shall be] are recoverable as costs from the losing party.
5. The fees paid by a county clerk to jurors for their services in a civil action or proceeding (which he has received from the party demanding the jury) [shall] must be deducted from the total amount due them for attendance as such jurors, and any balance is a charge against the county.
________
Senate Bill No. 108Committee on Judiciary
CHAPTER 232
AN ACT relating to proceedings after commitment and before indictment; making a technical change concerning challenges to the sufficiency of evidence before a grand jury; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 172.155 is hereby amended to read as follows:
172.155 1. The grand jury ought to find an indictment when all the evidence before them, taken together, establishes probable cause to believe that an offense has been committed and that the defendant has committed it.
2. The defendant may object to the sufficiency of the evidence to sustain the indictment only by application for a writ of habeas corpus.
κ1979 Statutes of Nevada, Page 332 (CHAPTER 232, SB 108)κ
[If no such application is made before the plea is entered, unless the court permits it to be made within a reasonable time thereafter, the objection is waived.]
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 212Committee on Finance
CHAPTER 233
AN ACT relating to silicosis; creating a fund for care of certain victims of silicosis; making an appropriation to the fund; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 443.145 is hereby amended to read as follows:
443.145 1. There is hereby created a special silicosis program to be administered by the health division of the department of human resources. [The program shall be financed by direct legislative appropriation from the general fund in the state treasury, and moneys for such program shall be expended]
2. A special silicosis fund is hereby created as a trust fund, and money may be expended from the fund only for the purposes of NRS 443.145 to 443.165, inclusive, on claims approved by the health division and paid as other claims against the state are paid.
[2.] 3. The state board of health may adopt reasonable regulations to carry out the provisions of NRS 443.145 to 443.165, inclusive.
Sec. 2. NRS 443.155 is hereby amended to read as follows:
443.155 1. Every person found by the state board of health to be suffering from silicosis is entitled to the benefits provided for in NRS 443.145 to 443.165, inclusive, if he:
(a) Is not eligible for compensation under the provisions of NRS 617.460.
(b) Applied, before January 1, 1961, for compensation under the provisions of former NRS 617.480, or under section 1 of chapter 433, Statutes of Nevada 1955, and qualified for such compensation or was denied such compensation for any reason.
(c) Is not infected with active tuberculosis.
(d) Files with the health division of the department of human resources, before January 1, 1964, an application for benefits accompanied by a written statement subscribed and sworn to or affirmed before a notary public or other person authorized to administer oaths declaring that he is unable to pay for his own care and maintenance.
(e) Submits to a physical examination by a physician approved by the state board of health to determine his condition.
2. The health division of the department of human resources shall arrange for physical examinations of all applicants and the costs of such examinations [shall] must be paid from the [moneys appropriated for the special silicosis program.]
κ1979 Statutes of Nevada, Page 333 (CHAPTER 233, SB 212)κ
examinations [shall] must be paid from the [moneys appropriated for the special silicosis program.] special silicosis fund.
Sec. 3. There is hereby appropriated from the state general fund the sum of $190,681 to the special silicosis fund created by section 1 of this act. Any money remaining in the fund after all approved claims for benefits under the fund have been paid reverts to the state general fund.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 211Committee on Finance
CHAPTER 234
AN ACT making an additional and supplemental appropriation to the mental hygiene and mental retardation division of the department of human resources for the payment of salaries at the Reno mental health center; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the mental hygiene and mental retardation division of the department of human resources the sum of $55,746 for the payment of salaries at the Reno mental health center. This appropriation is additional and supplemental to that allowed and made by section 30 of chapter 574, Statutes of Nevada 1977.
2. After June 30, 1979, any unencumbered balance of the appropriation made by subsection 1 must not be committed for expenditure, and such a balance reverts to the state general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 293Committee on Judiciary
CHAPTER 235
AN ACT relating to gaming licensing and control; declaring that the public policy of the state with respect thereto includes fostering the stability and success of the industry; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.130 is hereby amended to read as follows:
463.130 1. The legislature hereby finds, and declares to be the public policy of this state, that:
κ1979 Statutes of Nevada, Page 334 (CHAPTER 235, SB 293)κ
(a) The gaming industry is vitally important to the economy of the state and the general welfare of the inhabitants.
(b) The continued growth and success of the gaming industry is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively and that the gaming industry is free from criminal and corruptive elements.
(c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments and the manufacture or distribution of gambling devices and equipment.
(d) All establishments where gaming is conducted and where gambling devices are operated, and manufacturers, sellers and distributors of certain gambling devices and equipment in the state shall therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state, to foster the stability and success of the gaming industry and to preserve the competitive economy and policies of free competition of the State of Nevada.
2. No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.
________
Senate Bill No. 296Committee on Judiciary
CHAPTER 236
AN ACT relating to the Uniform Commercial Code; removing the office of the county recorder as an additional place to file security interests in certain cases; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 104.9401 is hereby amended to read as follows:
104.9401 1. The proper place to file in order to perfect a security interest is as follows:
(a) When the collateral is equipment used in farming operations, or farm products, or accounts or general intangibles arising from or relating to the sale of farm products by a farmer, or consumer goods, then in the office of the county recorder in the county of the debtors residence or if the debtor is not a resident of this state then in the office of the county recorder in the county where the goods are kept, and in addition when the collateral is crops, growing or to be grown, in the office of the county recorder in the county where the land on which the crops are growing or to be grown is located.
κ1979 Statutes of Nevada, Page 335 (CHAPTER 236, SB 296)κ
(b) Except as otherwise provided in subsection 5, when the collateral is timber to be cut or is minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or when the financing statement is filed as a fixture filing (NRS 104.9313) and the collateral is goods which are or are to become fixtures, then in the office where a mortgage on the real estate would be filed or recorded.
(c) In all other cases, in the office of the secretary of state. [and in addition, if the debtor has a place of business in only one county of this state, also in the office of the county recorder of such county, or, if the debtor has no place of business in this state, but resides in the state, also in the office of the county recorder of the county in which he resides.]
2. A filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this article and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement.
3. A filing which is made in the proper place in this state continues effective even though the debtors residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed.
4. The rules stated in NRS 104.9103 determine whether filing is necessary in this state.
5. Notwithstanding the preceding subsections, and subsection 3 of NRS 104.9302, the proper place to file in order to perfect a security interest in collateral, including fixtures, of a transmitting utility is set forth in NRS 704.205. This constitutes a fixture filing (NRS 104.9313) as to the collateral described therein which is or is to become fixtures.
6. For the purposes of this section, the residence of an organization is its place of business if it has one or its chief executive office if it has more than one place of business.
________
Senate Bill No. 328Committee on Finance
CHAPTER 237
AN ACT making a supplemental appropriation from the state general fund to the health division of the department of human resources for support of the tuberculosis control program; and providing other matters properly relating thereto.
[Approved April 27, 1979]
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 $42,400 as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 574, Statutes of Nevada 1977.
κ1979 Statutes of Nevada, Page 336 (CHAPTER 237, SB 328)κ
Sec. 2. After June 30, 1979, any unencumbered balance of the appropriation made in section 1 of this act may not be encumbered and reverts to the state general fund on that date.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 341Committee on Finance
CHAPTER 238
AN ACT making an appropriation to the state department of education for the development and scoring of tests for the proficiency of pupils; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the state department of education for the development and scoring of tests to determine the proficiency of pupils:
(a) For the fiscal year beginning July 1, 1979, and ending June 30, 1980, the sum of $83,480.
(b) For the fiscal year beginning July 1, 1980, and ending June 30, 1981, the sum of $26,520.
2. Any unencumbered balances of the appropriations made in subsection 1 must not be committed for expenditure after June 30 of the respective fiscal years, and any such balances revert to the state general fund.
________
Senate Bill No. 355Senator Don Ashworth
CHAPTER 239
AN ACT relating to actions concerning persons; providing a legal proceeding for confirmation of domicile in Nevada or another state; and providing other matters properly relating thereto.
[Approved April 27, 1979]
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 the provisions set forth as section 2 to 5, inclusive, of this act.
Sec. 2. 1. Any person who has established his domicile in this state may manifest and evidence his domicile by filing in the office of the clerk of the district court for the county in which he resides, a sworn statement showing that he resides in and maintains a residence in that county, which he recognizes and intends to maintain as his permanent home.
κ1979 Statutes of Nevada, Page 337 (CHAPTER 239, SB 355)κ
2. Any person who has established a domicile in this state, but who maintains another residence in some other state, may manifest and evidence his domicile in this state by filing in the office of the clerk of the district court for the county in which he resides, a sworn statement that his residence in Nevada constitutes his predominant and principal home, and that he intends to continue it permanently as his predominant and principal home.
3. A sworn statement filed pursuant to this section must contain, in addition to the declaration required in subsection 1 or 2, a declaration that the person making the statement is at the time of making the statement a bona fide resident of the state, and it must set forth his place of residence, the city, county and state in which he formerly resided, and all other places, if any, in which he maintains a residence.
Sec. 3. 1. A person who:
(a) Is or was domiciled in a state other than Nevada and who:
(1) Has a residence in Nevada; or
(2) Does or has done acts within Nevada which, independently of his actual intention concerning his domicile, might be taken to indicate that he is or intends to be domiciled in Nevada; and
(b) Desires to maintain or continue his domicile in a state other than Nevada,
may manifest and evidence his permanent domicile in that other state by filing in the office of the clerk of the district court in any county in Nevada in which he has a residence or in which he may have performed those acts, a sworn statement that his domicile is in a state other than Nevada, naming the state and stating that he intends to permanently continue his domicile in that state.
2. The sworn statement filed pursuant to this section must contain, in addition to the declaration required in subsection 1, a declaration that the person making the statement is, at the time of making the statement, a resident of a state other than Nevada, and it must set forth the place of residence which he maintains in the state or the fact that he does not maintain a residence in Nevada. It must also set forth other facts with reference to any acts done by him which he desires not to be construed as evidencing an intention to establish his domicile in Nevada.
Sec. 4. The sworn statement permitted by sections 2 and 3 of this act must be signed under oath before a person authorized to administer oaths. The clerk of a district court in whose office a statement is filed shall record it in a book provided for that purpose, and collect a fee of $5 for performing that duty.
Sec. 5. Nothing contained in sections 2 to 5, inclusive, of this act repeals or abrogates any existing method of proving domicile.
________
κ1979 Statutes of Nevada, Page 338κ
Senate Bill No. 370Committee on Finance
CHAPTER 240
AN ACT making an additional and supplemental appropriation from the state general fund to the special fund of the attorney general; and providing other matters properly relating thereto.
[Approved April 27, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the special fund of the attorney general the sum of $40,000 as an additional and supplemental appropriation to that allowed and made by section 4 of chapter 574, Statutes of Nevada 1977.
2. After June 30, 1979, any unencumbered balance of the appropriation made by subsection 1 must not be encumbered and reverts to the state general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 467Assemblymen Hayes, Westall, Sena, Getto, Horn and Stewart
CHAPTER 241
AN ACT relating to residency for election purposes; removing distinctions based on sex; and providing other matters properly relating thereto.
[Approved April 30, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.497 is hereby amended to read as follows:
293.497 If a [man] person has a family residing in one place and he does business in another, the former is his residence, unless his family is located there only temporarily, but if his family resides without the state and he is permanently [located] residing within the state, with no intention of removing therefrom, he shall be deemed a resident for election purposes.
________
κ1979 Statutes of Nevada, Page 339κ
Assembly Bill No. 496Assemblyman Dini
CHAPTER 242
AN ACT relating to county officers and employees; permitting boards of county commissioners in counties having a population of less than 100,000 to establish employee merit personnel systems; deleting certain specific provisions relating to grievance procedures and providing for the operation of collective bargaining agreements; and providing other matters properly relating thereto.
[Approved April 30, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 245.213 is hereby amended to read as follows:
245.213 1. In each county 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,] the board of county commissioners shall by ordinance establish a merit personnel system for all employees of the county except those exempted under the provisions of NRS 245.213 to 245.216, inclusive.
2. In each county having a population of less than 100,000 the board of county commissioners may by ordinance establish a merit personnel system for all employees of the county except those exempted under the provisions of NRS 245.213 to 245.216, inclusive.
3. As used in this section population means the number of people in a county as determined by the last preceding naitonal decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to section 2 of article 1 of the Constitution of the United States.
Sec. 2. NRS 245.215 is hereby amended to read as follows:
245.215 1. The board of county commissioners shall [develop rules and] adopt regulations [of] for any merit personnel system established pursuant to the provisions of NRS 245.213 to 2445.216, inclusive. Such [rules and] regulations shall provide for:
[1.] (a) The classification of all county positions, not exempt from the merit personnel system, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whatsoever whenever warranted by changed circumstances.
[2.] (b) A pay plan for all county employees, including exempt employees other than elected officers that are covered in other provisions of NRS or by special legislative act.
[3.] (c) Policies and procedures for regulating reduction in force and the removal of employees.
[4.] (d) Hours of work, attendance regulations and provisions for sick and vacation leave.
[5.] (e) Policies and procedures governing persons holding temporary or provisional appointments.
[6.] (f) Policies and procedures governing relationships with employees and employee organizations.
[7.] (g) Policies concerning employee training and development.
[8.] (h) Grievance procedures. [whereby:
κ1979 Statutes of Nevada, Page 340 (CHAPTER 242, AB 496)κ
(a) An employee other than a department head, county manager or county administrator who has been employed by the county for 12 months or more and is dismissed from employment may, within 15 days of dismissal, request a written statement specifically setting forth the reasons for such dismissal. Within 15 days of the date of such request he shall be furnished such a written statement. Within 30 days after receipt of such written statement, the dismissed employee may, in writing, request a public hearing before a grievance board appointed by the board of county commissioners to consist of two persons appointed from the department where the employee is employed and three persons appointed from other departments in the county.
(b) The employee may appeal the decisions of the grievance board to the board of county commissioners.
(c) Formal rules of evidence will not be followed.
9.] (i) Other policies and procedures necessary for the administration of a merit personnel system.
2. In the event of a conflict between the policies and procedures adopted pursuant to this section and the provisions of a collective bargaining agreement entered into pursuant to chapter 288 of NRS the provisions of the agreement prevail.
________
Assembly Bill No. 533Committee on Ways and Means
CHAPTER 243
AN ACT relating to the department of prisons; increasing the amount in the prison revolving account; making an appropriation; and providing other matters properly relating thereto.
[Approved April 30, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 209.201 is hereby amended to read as follows:
209.201 1. The prison revolving account in the sum of [$1,500] $5,000 is hereby created, and may be used for the payment of small prison bills and bills requiring immediate payment, and for no other purposes.
2. The director may deposit the prison revolving account in one or more banks of reputable standing.
3. Payments made from the prison revolving account shall be promptly reimbursed from appropriated money of the department on claims as other claims against the state are paid.
Sec. 2. There is hereby appropriated from the state general fund to the prison revolving account the sum of $3,500.
________
κ1979 Statutes of Nevada, Page 341κ
Assembly Bill No. 645Committee on Government Affairs
CHAPTER 244
AN ACT relating to Clark County; removing the requirement that the county offices be erected and maintained at the county seat; and providing other matters properly relating thereto.
[Approved April 30, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 243.040 is hereby amended to read as follows:
243.040 The city of Las Vegas is the county seat of Clark County. [, at which place shall be erected and maintained the county and judicial offices and the necessary county buildings.]
________
Senate Bill No. 40Committee on Government Affairs
CHAPTER 245
AN ACT relating to presidential electors; providing for payment of costs of presidential preference primary elections from the reserve for statutory contingency fund; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 298.155 is hereby amended to read as follows:
298.155 1. Whenever a presidential preference primary election is held as provided by NRS 298.095 to 298.165, inclusive, the State of Nevada shall assume all costs of holding [such] the election if it is held alone.
2. If any other election or elections are held at the same time, the state is liable only for its prorated share of [such] the costs. The county clerk shall determine the election costs, including the states prorated share, if applicable, and shall file a certified claim therefor which [shall] must be examined, allowed and paid as other claims against the state are paid.
3. All costs of holding a presidential preference primary for which the state is liable under this section must be paid from the reserve for statutory contingency fund.
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] money in the fund [shall] must be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.0337, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 298.155, 353.120, 353.262 and 412.154; and
κ1979 Statutes of Nevada, Page 342 (CHAPTER 245, SB 40)κ
NRS 41.0337, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 298.155, 353.120, 353.262 and 412.154; and
(b) The payment of claims which are obligations of the state under NRS 7.125, 176.223, 177.345, 179.225, 213.153 and subsection 4 of NRS 361.055, but such claims [shall] must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for [such] those purposes [have] has been exhausted.
________
Senate Bill No. 95Senators Ford and Echols
CHAPTER 246
AN ACT relating to pharmacy; permitting an agent of a prescriber to transmit oral orders for prescription; prohibiting false personation as an agent or prescriber; prohibiting transmission of orders without authorization; providing penalties; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. A prescription must be given:
(a) Directly from the prescriber to a pharmacist;
(b) Indirectly by means of an order signed by the prescriber; or
(c) By an oral order transmitted by an agent of the prescriber.
2. A prescription must contain:
(a) The name and address of the prescriber;
(b) The classification of his license;
(c) The name and address of the patient;
(d) The name and quantity of the drug or drugs prescribed;
(e) Directions for use; and
(f) The date of issue.
3. The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 3. If a prescriber authorizes an agent to transmit his oral orders for prescriptions, that prescriber must submit to the secretary of the board, in a form prescribed by the board, a written statement containing his authorization for the agent to transmit oral orders pursuant to subsection 1 and assuming full liability for any order so transmitted by the agent.
Sec. 4. 1. It is unlawful for any person falsely to represent himself as a physician, dentist, podiatrist or veterinarian entitled to write prescriptions in this state, or the agent of such a person, for the purpose of transmitting to a pharmacist an order for a prescription.
κ1979 Statutes of Nevada, Page 343 (CHAPTER 246, SB 95)κ
2. It is unlawful for the agent of a physician, dentist, podiatrist or veterinarian entitled to write prescriptions in this state willfully to transmit to a pharmacist an order for a prescription if the agent is not authorized by the physician, dentist, podiatrist or veterinarian to transmit such order.
Sec. 5. NRS 639.013 is hereby amended to read as follows:
639.013 Prescription means an order given individually for the person for whom prescribed. [, directly from the prescriber to a pharmacist or indirectly by means of an order signed by the prescriber, and shall contain the name and address of the prescriber, his license classification, the name and address of the patient, the name and quantity of the drug or drugs prescribed, directions for use and the date of issue. Directions for use shall be specific in that they shall indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.] Prescription includes a chart order.
Sec. 6. NRS 639.236 is hereby amended to read as follows:
639.236 1. All prescriptions filled in any pharmacy [shall] must be serially numbered and filed in the manner prescribed by regulation of the board. Prescriptions for schedule II controlled substances as defined in chapter 453 of NRS, [shall] must be filed separately from other prescriptions or in a readily retrievable manner as the board may provide by regulation. All prescriptions [shall] must be retained on file for at least 2 years.
2. Each prescription on file [shall] must bear the date on which it was originally filled [,] and be personally signed or initialed by the registered pharmacist who filled it. [and contain all of the information required by NRS 639.013.]
3. Prescription files [shall be] are open to inspection by members, inspectors and investigators of the board and by inspectors of the Food and Drug Administration and agents of the department of law enforcement assistance.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 227Committee on Human Resources and Facilities
CHAPTER 247
AN ACT relating to water pollution control; authorizing municipalities to recover certain costs of sewage treatment and to refuse to receive wastes from entities not complying with a plan for areawide waste treatment management; and providing other matters properly relating thereto.
[Approved May 2, 1979]
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 a new section which shall read as follows:
κ1979 Statutes of Nevada, Page 344 (CHAPTER 247, SB 227)κ
Any municipality may, with respect to any sewage collection, treatment or disposal facilities or projects:
1. Provide through the establishment and collection of rates, fees and charges for payment to that municipality by the industrial users of the sewage treatment works of that facility or project of the portion of any federal share of the cost of construction of those works allocable to the treatment of industrial waste in accordance with section 204(b)(1)(B) of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. § 1284(b)(1)(B)), as amended from time to time.
2. After notice of noncompliance and an opportunity for a public hearing, refuse to receive any sewage, liquid waste, solid waste, industrial waste, night soil or any other waste from any other municipality which fails to comply with any provision of an approved plan for areawide waste treatment management prepared pursuant to section 208 of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. § 1288), as amended from time to time.
Sec. 2. NRS 445.133 is hereby amended to read as follows:
445.133 As used in NRS 445.131 to 445.354, inclusive, and section 1 of this act, unless the context otherwise requires, the terms defined in NRS 445.134 to 445.196, inclusive, have the meanings ascribed to them in those sections.
________
Senate Bill No. 232Committee on Commerce and Labor
CHAPTER 248
AN ACT relating to professional engineers and land surveyors; revising the provisions on renewal of certificates of registration; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.390 is hereby amended to read as follows:
625.390 1. [Application] An application for registration as a professional engineer or land surveyor or for certification as an engineer in training [shall:] must:
(a) Be on a form furnished and prescribed by the board;
(b) Contain statements made under oath, showing the applicants education and a detailed summary of his technical experience; and
(c) Contain the names of not less than three:
(1) Registered professional engineers if applying for registration as a professional engineer or engineer-in-training; or
(2) Registered land surveyors or registered professional engineers qualified in the branch of civil engineering if applying for registration as a land surveyor,
who may be residents of this or any other state who have knowledge of the background, character and technical competence of the applicant, but none of whom may be members of the board.
κ1979 Statutes of Nevada, Page 345 (CHAPTER 248, SB 232)κ
2. The application fee for professional engineers and land surveyors shall be established by the board in an amount not more than $100 and [shall] must accompany the application. A fee for a certificate of registration may be fixed by the board in an amount of not more than $50.
3. [Should the board deny] If the board denies a certificate to any applicant, or [should an applicant fail] if an applicant fails to appear for examination, the fee paid [shall] must be retained as an application fee.
4. The board shall charge and collect from each applicant for registration as an engineer-in-training a fee fixed by the board of not more than $25, which [shall include] includes the cost of examination and the issuance of a certificate as an engineer-in-training. The registration as an engineer-in-training [shall be] is valid for 8 years, at the end of which time the registration [shall expire and] expires but may be renewed as in the case of any original applicant.
5. A nonresident applying for registration as a professional engineer or land surveyor is subject to the same fees as a resident.
6. The board shall require the biennial renewal of each certificate [except as provided in subsection 4] of registration and collect a biennial renewal fee [established by the board not to exceed $75.] of not more than $75, prescribed by regulation of the board, except that the board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.
Sec. 2. NRS 625.395 is hereby amended to read as follows:
625.395 [1.] Each person who holds a certificate of registration [under this chapter shall] must renew his certificate [in each even-numbered year after it is issued] and pay the [biennial] renewal fee [specified] provided for in this chapter. [at such time and in the manner prescribed by the board.
2.] Any holder of a certificate of registration who fails to renew his certificate may do so [at any time] within 1 year after the date of its expiration, upon application to and with the approval of the board [. The] , but the board may extend the time for renewal of the expired certificate. [may be extended at the discretion of the board.]
________
Senate Bill No. 346Senator Kosinski
CHAPTER 249
AN ACT relating to crimes and punishments; defining the crime of commercial bribery; providing a penalty; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who, with corrupt intent:
κ1979 Statutes of Nevada, Page 346 (CHAPTER 249, SB 346)κ
1. Offers, confers or agrees to confer any benefit upon any employee, agent or fiduciary without the consent of the employer or principal of that employee, agent or fiduciary in order to influence adversely that persons conduct in relation to the commercial affairs of his employer or principal; or
2. While an employee, agent or fiduciary, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence adversely his conduct in relation to the commercial affairs of his employer or principal,
commits commercial bribery and is guilty of a misdemeanor.
________
Senate Bill No. 350Senator Blakemore
CHAPTER 250
AN ACT relating to compensation, wages and hours; providing a penalty for the failure of a producer-promoter of an entertainment production to obtain a permit from the labor commissioner and post a bond for payment of wages; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 608 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who fails to comply with the provisions of NRS 608.300 to 608.320, inclusive, is guilty of a misdemeanor.
________
Assembly Bill No. 15Assemblymen Dini and Getto
CHAPTER 251
AN ACT relating to hunting, fishing and trapping; requiring registration or other identification of traps; setting fees; prohibiting moving or disturbing traps legally set by a holder of a trapping license; limiting possession and transportation of certain furs and wild animals; providing penalties; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 503 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Each trap used in the taking of wild animals must bear a number registered with the department or be permanently marked with the name and address of the owner or trapper using it.
κ1979 Statutes of Nevada, Page 347 (CHAPTER 251, AB 15)κ
the name and address of the owner or trapper using it. Registration of a trap is permanent. A registration fee of $5 for each registrant is payable only once, at the time the first trap is registered.
Sec. 3. 1. Every person who takes fur-bearing animals or unprotected animals or sells raw furs for profit shall procure a trapping license.
2. It is unlawful to remove or disturb the trap of any holder of a trapping license while the trap is being legally used by him on public land or on land where he has permission to trap.
Sec. 4. NRS 503.040 is hereby amended to read as follows:
503.040 1. Except as provided in this section, it is unlawful for any person at any time to transport or offer for transportation to any place within or outside of this state any game animal, raw furs, wild animal taken by trapping, game bird or game fish taken within this state.
2. Any person who has legally taken any game animal, raw furs, wild animal taken by trapping, game bird or game fish within this state may use his hunting license, trapping license or fishing license or [game] tag or stamp, when required, as a permit to transport one possession limit to points within or outside the state.
3. Any person who legally acquires ownership or custody of any game animal, raw furs, wild animal taken by trapping, game bird or game fish not taken by him through hunting, trapping or fishing may transport such animal, furs, bird or fish within the state without a transportation permit if such shipment does not exceed one possession limit and if such shipment is labeled with the name, address, number and class of license of the hunter, trapper or fisherman who legally took such animal, furs, bird or fish and date taken, [provided such] if the animal, furs, bird or fish is not required by law or regulation to be tagged. [When] Unless otherwise permitted by a regulation of the commission, when tagged shipments are involved, a transportation permit is required as provided in this section.
4. Any other person who desires to transport any game animal, raw furs, wild animal taken by trapping, game fish or game bird to a point within or without the state may do so only under the authority of a transportation permit as provided in this section.
5. The department shall designate the form of the transportation permit and such permits [shall] may be issued for a fee of $1 by any game warden or other such persons [, establishments and agencies] as may be specifically designated by the department. The person legally in possession of the game animals, raw furs, wild animals taken by trapping, game birds or game fish to be transported and the person transporting [such fish and game] them must appear before the issuing agent to obtain a transportation permit. The permit [shall] must describe the [game animals, game birds or game fish] wildlife to be transported and [shall] identify by name, address, license number and class the person who legally took [such fish or game] the furs or wildlife and by name and address the person transporting it. Whenever [game animals, game birds or game fish are] raw furs or wildlife is to be transported by the postal service or by common carrier, freight or express agency, such agency may be designated by name and need not appear as an applicant for the issuance of a permit.
κ1979 Statutes of Nevada, Page 348 (CHAPTER 251, AB 15)κ
6. Game animals, raw furs, wild animals taken by trapping, game birds or game fish transported to another person shall be deemed to be in the legal possession of the person making shipment until actual delivery is made.
7. Any package or container in which game birds, raw furs, wild animals taken by trapping, game animals or game fish are being transported by common carrier must have the name and address of the shipper and of the consignee and an accurate statement of the number and kinds of game birds, raw furs, wild animals taken by trapping, game animals or game fish contained therein [clearly and conspicuously marked on] attached to the outside thereof.
8. The commission may limit the number of shipments by any one person in any one season of any kind of game bird, game animal or game fish.
Sec. 5. NRS 503.570 is hereby amended to read as follows:
503.570 Every person taking or causing to be taken wild animals by means of traps, snares or any other [device used in the trapping or taking of wild animals that] devices which do not, or are not designed to, cause immediate death to such animals, shall, when any such traps, snares or devices are placed or set for the purpose of taking [such] animals, visit or cause to be visited at least once each week each such trap, snare or other device during all of the time any such trap, snare or device is placed, set or used in the taking of wild animals, and remove therefrom any [and all] animals caught therein.
________
Assembly Bill No. 81Assemblymen Hayes, Glover, Horn, Barengo and Jeffrey
CHAPTER 252
AN ACT relating to transportation; repealing provisions of law relating to the issuance of securities or assumption of obligations by common or contract motor carriers; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.661 to 706.691, inclusive, are hereby repealed.
________
κ1979 Statutes of Nevada, Page 349κ
Assembly Bill No. 192Assemblymen Hayes and Barengo
CHAPTER 253
AN ACT relating to parole; requiring the publication of a list of persons eligible for parole; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.1085 is hereby amended to read as follows:
213.1085 1. The board shall appoint an executive secretary, who shall be in the unclassified service of the state.
2. The executive secretary shall be selected on the basis of his training, experience, capacity and interest in correctional services.
3. The board shall supervise the activities of the executive secretary.
4. The executive secretary shall be the secretary of the board and shall perform such duties in connection therewith as the board may require, including but not limited to [,] preparing the agenda for board meetings and answering correspondence from prisoners in the state prison.
5. The executive secretary shall prepare a list at least 30 days before any scheduled action by the board showing each person then eligible for parole indicating:
(a) The name of the prisoner;
(b) The crime for which he was convicted;
(c) The county in which he was sentenced;
(d) The date of the sentence;
(e) The length of the sentence;
(f) The amount of time actually served in the state prison;
(g) The amount of credit for time previously served in a county jail; and
(h) The amount of credit allowed for good behavior.
The executive secretary shall send copies to all law enforcement agencies in Nevada and to other persons whom he deems appropriate, at least 30 days before any scheduled action by the board.
________
Senate Bill No. 411Committee on Finance
CHAPTER 254
AN ACT relating to the state motor pool; revising the allocation of costs to include depreciation of vehicles; making an appropriation; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 336.110 is hereby amended to read as follows:
336.110 1. The motor pool fund is hereby created as an intragovernmental service fund in the amount of $9,500. No money in the fund may revert to the state general fund at any time.
κ1979 Statutes of Nevada, Page 350 (CHAPTER 254, SB 411)κ
fund may revert to the state general fund at any time. Money from the motor pool fund must be paid out on claims as other claims against the state are paid. The claims must be made in accordance with budget and quarterly work allotments and subject to preaudit examination and approval.
2. All operating, maintenance [,] and repair [and replacement] costs for vehicles assigned to the state motor pool must be paid from the motor pool fund [.] and the accounting for depreciation must be accomplished in that fund.
3. All agencies using the vehicles of the state motor pool shall pay a fee for the use and proportionate share of operational cost in an amount determined by the executive officer. The formula for spreading costs of operation may be adjusted from time to time as may be necessary to replace worn vehicles, pay vehicle costs, defray the costs of motor pool operation, and preserve the fund as nearly as practicable at the level of $9,500.
4. All fees, including amounts on account of depreciation accrued, costs and other money received by the state motor pool, including all proceeds from the sale of vehicles, must be deposited with the state treasurer for credit to the fund.
Sec. 2. There is hereby appropriated from the state general fund to the motor pool working capital fund the sum of $411,600 for the purchase of 84 replacement vehicles in the motor pool fleet.
Sec. 3. 1. Section 2 of this act and this section shall become effective upon passage and approval.
2. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1979.
________
Senate Bill No. 414Senator Jacobsen
CHAPTER 255
AN ACT relating to anatomical gifts; authorizing certain persons to enucleate eyes of dead persons in order to carry out purposes of anatomical gifts; and providing other matters properly relating thereto.
[Approved May 2, 1979]
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:
A licensed funeral director, a licensed embalmer or a medical technician may enucleate an eye of a dead person in order to carry out a gift made pursuant to the Uniform Anatomical Gift Act if the director, embalmer or technician has successfully completed a course, approved by the board of medical examiners of the State of Nevada, in the procedure for enucleation of eyes.
κ1979 Statutes of Nevada, Page 351 (CHAPTER 255, SB 414)κ
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.
________
Assembly Bill No. 576Committee on Ways and Means
CHAPTER 256
AN ACT relating to the attorney general; authorizing him to charge state agencies not supported from the state general fund for the services of his office; requiring him to deposit in the state general fund all money not authorized for expenditure by the legislature; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The attorney general may charge all state agencies which are not supported from the state general fund for all services his office provides to those agencies.
Sec. 3. Except as he is required by section 1 of Senate Bill No. 171 to deposit certain money in a special fund, the attorney general shall deposit in the state general fund all money collected by him which is in excess of the amount authorized for expenditure by the legislature.
________
Assembly Bill No. 628Committee on Government Affairs
CHAPTER 257
AN ACT relating to county government; authorizing the boards of county commissioners to create advisory boards; and providing other matters properly relating thereto.
[Approved May 2, 1979]
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 of any county may establish by ordinance advisory boards for any purpose relating to the county about which the board desires study or advice.
________
κ1979 Statutes of Nevada, Page 352κ
Assembly Bill No. 666Assemblymen Jeffrey, Mann, Sena, Craddock, Malone, Robinson, Hayes, Banner, Horn, Harmon, May, Fielding, Stewart, Bennett, Glover, Hickey, Polish, Bremner, Dini, Mello, Westall, Price, Barengo, Vergiels, Getto and Brady
CHAPTER 258
AN ACT relating to county officers and employees; removing the limit on the accumulation of sick leave which a county may provide for its officers and employees; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 245.210 is hereby amended to read as follows:
245.210 1. The board of county commissioners of each of the several counties shall, by ordinance or agreement pursuant to chapter 288 of NRS, provide for annual, sick and disability leave for elected and appointed county officers and county employees. The provisions of such an ordinance or agreement may be more restrictive but not more extensive than the provisions set forth in this section.
2. [Such an] The ordinance or agreement [shall] must include provisions in substance as follows:
(a) A provision that all elected and appointed officers and employees are entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days.
(b) A provision that the board of county commissioners may by order provide for additional annual leave for long-term appointed officers and employees and for prorated annual leave for part-time employees.
(c) A provision that if an appointed officer or employee dies and was entitled to accumulated annual leave under the provisions of the ordinance, the heirs of such deceased officer or employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the board of county commissioners of their entitlement, [shall] are entitled to be paid an amount of money equal to the number of days earned or accrued annual leave multiplied by the daily salary or wages of [such] the deceased officer or employee.
(d) A provision that an elected county officer [shall] must not be paid for accumulated annual leave upon termination of his service.
(e) A provision that during the first 6 months of employment of any appointed officer or employee, annual leave accrues as provided in paragraph (a), but annual leave [shall] must not be taken during [such] this period.
(f) A provision that an appointed officer or employee [shall] must not be paid for accumulated annual leave upon termination of employment unless he has been employed 6 months or more.
(g) A provision that all elected and appointed officers and employees are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year.
κ1979 Statutes of Nevada, Page 353 (CHAPTER 258, AB 666)κ
are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. [not to exceed 90 working days.]
(h) A provision that the board of county commissioners may by order provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.
(i) A provision that any appointed officer or employee may be granted a leave of absence without pay.
3. Such an ordinance or agreement may include a provision that upon termination of employment, retirement or death all elected and appointed officers and employees are entitled to payment for [one-half of] their unused sick leave at their salary rate at the time of termination, retirement or death.
[4. The board of county commissioners may, by ordinance or agreement pursuant to chapter 288 of NRS, provide that after an employee has accumulated 90 working days of sick and disability leave, a prescribed proportion of any additional unused sick and disability leave may be accumulated from year to year, not to exceed 90 workings days, and placed in a separate account for use in cases where the employee is suffering from a long-term or chronic illness or any injury and has used all such leave otherwise available to him. Unused sick and disability leave accumulated and placed in a separate account pursuant to this subsection shall not be considered in determining entitlements under subsection 3, unless the employee is terminated by the employer by reason of illness.]
________
Assembly Bill No. 687Committee on Judiciary
CHAPTER 259
AN ACT relating to vagrants; increasing penalties for subsequent commission of certain acts of vagrancy; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 207.030 is hereby amended to read as follows:
207.030 1. Every person [is a vagrant] who:
(a) Solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;
(b) Solicits any act of prostitution;
(c) Is a pimp, panderer or procurer or lives in or about houses of prostitution;
(d) Accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms;
(e) Goes from house to house begging food, money or other articles, or seeks admission to such houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;
κ1979 Statutes of Nevada, Page 354 (CHAPTER 259, AB 687)κ
or seeks admission to such houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;
(f) Keeps a place where lost or stolen property is concealed;
(g) Loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act;
(h) Loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to identify himself and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands [such] the identification;
(i) Loiters, prowls or wanders upon the private property of another, in the nighttime, without visible or lawful business with the owner or occupant thereof, or who, while loitering, prowling or wandering upon the private property of another, in the nighttime, peeks in the door or window of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof; or
(j) Lodges in any building, structure or place, whether public or private, without the permission of the owner or person entitled to the possession or in control thereof [.] ,
is a vagrant.
2. Every vagrant [is guilty of a misdemeanor.] shall be punished:
(a) For the first violation of paragraph (a), (b) or (c) of subsection 1 and for each subsequent violation of the same paragraph occurring more than 3 years after the first violation, for a misdemeanor.
(b) For the second violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for not less than 30 days and by a fine of not less than $250.
(c) For the third or subsequent violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for 6 months and by a fine of not less than $250.
(d) For a violation of any provision of paragraphs (d) to (j), inclusive, of subsection 1, for a misdemeanor.
3. The terms of imprisonment prescribed by subsection 2 must be imposed to run consecutively.
________
κ1979 Statutes of Nevada, Page 355κ
Assembly Bill No. 484Assemblymen FitzPatrick, Cavnar, Getto, Malone, Mello, Marvel, Bennett, Harmon, Chaney, Coulter, Rusk, May, Banner, Bremner, Bedrosian, Weise, Sena, Fielding, Prengaman, Vergiels, Craddock, Hayes, Westall, Mann, Price, Polish, Barengo and Wagner
CHAPTER 260
AN ACT relating to pharmacies; requiring all pharmacies to post a notice advising customers that a price list of drug prices and professional services is available upon request; and providing other matters properly relating thereto.
[Approved May 2, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In every pharmacy there must be posted on the premises in a place conspicuous to customers and easily accessible and readable by customers a notice, provided by the board, advising customers that a price list of drugs and professional services is available to them upon request.
________
Senate Bill No. 265Committee on Finance
CHAPTER 261
AN ACT relating to the state personnel system; prohibiting a provision for unemployment compensation coverage in state contracts for services of independent contractors; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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 natural 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] Those expenses may 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;
κ1979 Statutes of Nevada, Page 356 (CHAPTER 261, SB 265)κ
(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.
(6) Unemployment compensation coverage provided by the state if the requirements of NRS 612.085 for independent contractors are met.
4. An independent contractor is not in the classified or unclassified service of the state, and [shall have] has 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] must be in writing. The form of the contract [shall] must be filed with the 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] must be submitted to the state board of examiners. [Such contracts shall] The contracts do not become effective without the prior approval of the state board of examiners. The state board of examiners shall adopt regulations [implementing] to carry out 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] natural persons for any work of maintenance or repair of office machines and equipment.
________
Senate Bill No. 316Committee on Government Affairs
CHAPTER 262
AN ACT relating to the state personnel system; entitling aggrieved employees to have certain decisions of the chief of the personnel division of the department of administration reviewed by the advisory personnel commission; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.065 is hereby amended to read as follows:
284.065 1. The commission [shall have] has only such powers and duties as are authorized by law.
κ1979 Statutes of Nevada, Page 357 (CHAPTER 262, SB 316)κ
2. In addition to the powers and duties set forth elsewhere in this chapter, the commission [shall have] has the following powers and duties:
(a) To advise the chief concerning the organization and administration of the personnel division.
(b) To report to the governor bienially on all matters which the commission may deem pertinent to the personnel division and concerning any specific matters previously requested by the governor.
(c) To advise and make recommendations to the governor or the legislature relative to the personnel policy of the state.
(d) To advise the chief with respect to the preparation and [amendment of rules and] adoption of regulations to give effect to the provisions of this chapter.
(e) To foster the interest of institutions of learning and of civic, professional and employee organizations in the improvement of personnel standards in the state service.
(f) To review decisions of the chief in contested cases involving the classification or allocation of particular positions.
(g) To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.
Sec. 2. NRS 284.165 is hereby amended to read as follows:
284.165 1. As soon as practicable and after consultation with appointing authorities and principal supervisory officials, the chief shall allocate the position of every employee in the classified service to one of the positions in the position classification plan.
2. Any employee affected by the allocation of a position to a grade or class [,] or by a change in classification, after filing with the chief a written request for reconsideration thereof, [shall] must be given a reasonable opportunity to be heard thereon by the chief.
3. Any employee who is aggrieved by the chiefs decision concerning an allocation or change in classification is entitled to have the decision reviewed by the commission if the employee submits a written request to the commission for such a review not later than 30 days after the chiefs decision.
________
κ1979 Statutes of Nevada, Page 358κ
Senate Bill No. 421Committee on Government Affairs
CHAPTER 263
AN ACT to amend an act entitled An Act concerning the University of Nevada System; authorizing the acquisition of certain specified facilities at various campuses within such system, the issuance and sale of revenue bonds and other securities of the University of Nevada for such purpose, and the use and repayment of the receipts of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for the payment of such securities, the security therefor, and other details in connection therefor; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with the university, such facilities, such securities, such revenues for their payment, securities proceeds and other moneys, and pledges and liens pertaining thereto, including, without limitation, by reference to the University Securities Law; and providing other matters properly relating thereto, approved May 6, 1977.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above-entitled act, being chapter 378, Statutes of Nevada 1977, at page 697, is hereby amended to read as follows:
Sec. 5. 1. Student fees, in connection with any subproject and securities pertaining thereto, means the gross fees from students attending the campus to which the subproject relates, as designated in subsection 2, except as otherwise provided in paragraph (a) of subsection 2 of this section, and if [hereafter] authorized by law [,] after May 6, 1977, all additional student fees, if any, to which the pledge and lien provided for the payment of the securities authorized in this act are extended.
2. The student fees are commonly designated, in connection with securities pertaining to:
(a) The Western Nevada Community College, Phase III, Reno subproject, as the Western Nevada Community College capital improvement fee and being payable by students attending the Western Nevada Community College at both the Carson City campus and the Reno campus;
(b) The University of Nevada, Las Vegas, subproject as the University of Nevada, Las Vegas student center building fee, and the University of Nevada, Las Vegas capital improvement fee, each such fee being payable by students attending the University of Nevada, Las Vegas;
(c) The University of Nevada, Reno subproject, as the University of Nevada, Reno, capital improvement fee and being payable by students attending the University of Nevada, Reno.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 359κ
Senate Bill No. 422Committee on Government Affairs
CHAPTER 264
AN ACT relating to the University of Nevada System; amending the University Securities Law; pertaining to revenues which may be pledged for the payment of bonds and other securities issued thereunder; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Subject to any existing pledges or other contractual limitations and to the provisions of NRS 396.810:
1. The board may include, without limitation, as pledged revenues for the payment of bonds or other securities issued hereunder:
(a) The gross revenues derived from the fees designated as the capital improvement fee, the student union building fee, the student center building fee, and the student union capital improvement fee, or words of similar import (except for the words pertaining to any such fee designating the campus or campuses of the University of Nevada System to which the pledged fee or fees pertain), or any combination thereof; and
(b) The gross revenues derived from the fee designated as the general fund fee (except for the words pertaining thereto designating the campus or campuses of the University of Nevada System to which the pledged fee pertains), but subject to the limitation stated in subsection 5 of NRS 396.840.
2. The board may also include, without limitation, as pledged revenues for the payment of bonds or other securities issued hereunder, regardless of the location of the campus or campuses on which the project or projects are to be done for which the securities are authorized, the pledged revenues designated above in this section and pertaining to:
(a) One, all or some other combination of the campuses relating to the community college division if the project or projects relate thereto and to one or more campuses thereof; or
(b) Either or both the University of Nevada, Reno, and the University of Nevada, Las Vegas, if the project or projects relate to either or both of those campuses.
Sec. 2. NRS 396.829 is hereby amended to read as follows:
396.829 The term pledged revenues does not include any of the following:
1. The proceeds of any tuition charges and registration fees;
2. The principal of any endowments, restricted or unrestricted;
3. The proceeds of any levy of any general (ad valorem) property taxes;
4. The proceeds of any grants, appropriations or other donations from the Federal Government, this state or any other donor except as otherwise provided in NRS 396.828 [;] and any other statute which may authorize the pledge of particular revenues; and
κ1979 Statutes of Nevada, Page 360 (CHAPTER 264, SB 422)κ
5. The income or moneys derived from the operation of any buildings, structures, or other facilities of the university or the board not [hereinabove] designated in NRS 396.828.
Sec. 3. NRS 396.840 is hereby amended to read as follows:
396.840 1. Before any securities are actually issued payable from any net pledged revenues, except for any securities issued solely for the purpose of funding or refunding or both funding and refunding outstanding securities, any such revenues for the next preceding 12 months, for the next preceding calendar year, or for the next preceding fiscal year, as defined and otherwise determined by the board, shall be sufficient to pay an amount representing 110 percent of the combined maximum annual principal and interest requirements to be paid during such 12 months, calendar year [or] , fiscal year or bond year, as defined and otherwise determined by the board, of any outstanding securities payable from and constituting a lien upon such net pledged revenues and the securities proposed to be issued (excluding any reserves therefor), except as otherwise expressly provided in this section.
2. In any determination of whether or not any proposed securities meet the earnings test limiting their issuance as provided in subsection 1 of this section:
(a) There shall be deducted from or added to any gross pledged revenues any estimated decrease or increase in such revenues resulting from any decreased or increased or additional fees, rates or charges fixed by the board, whether or not appertaining to any additional facilities for which the proposed securities are authorized to be issued; and
(b) There shall be deducted from or added to any operation and maintenance expenses any estimated decrease or increase in such expenses, whether or not resulting from any additional facilities for which the proposed securities are authorized to be issued.
3. The respective annual principal and interest requirements (including as an interest requirement the amount of any prior redemption premiums due on any prior redemption date as of which any outstanding securities have been called or have been ordered by the board to be called for prior redemption) shall be reduced to the extent such requirements are scheduled to be paid with any moneys held in trust or escrow for that purpose in any trust bank or trust banks within or without or both within and without the state, including without limitation the known minimum yield from any investment or reinvestment of any such moneys in federal securities.
4. The estimates and adjustments provided in subsections 2 and 3 of this section and the calculations required by subsection 1 of this section shall be made by the treasurer of the university; and his estimates, adjustments and determination of whether the earnings test provided in subsection 1 of this section has been met shall be conclusively presumed to be accurate. Nothing contained in this section shall be construed to prohibit the issuance of securities merely because there were no pledged revenues nor operation and maintenance expenses, in the absence of such adjustments, in the next preceding 12 months, calendar year, or fiscal year, as the case may be.
κ1979 Statutes of Nevada, Page 361 (CHAPTER 264, SB 422)κ
5. There must be excluded from the calculations required by subsections 1 to 4, inclusive, the proceeds of any general fund fee or fees to be pledged to the payment of the securities (other than any securities issued solely for the purpose of funding or refunding or both funding and refunding outstanding securities). The proceeds of a general fund fee or fees must not be pledged to the payment of any such securities (other than any such funding or refunding or both funding and refunding securities) unless the remaining pledged revenues do not contravene the limitations imposed by those subsections.
[5.] 6. Nothing herein contained [shall be construed as preventing] prevents the board from providing an earnings test in any resolution authorizing the issuance of securities or in any other proceedings appertaining thereto which test limits the issuance of any additional securities.
Sec. 4. NRS 396.857 is hereby amended to read as follows:
396.857 Any unexpended balance of the proceeds of such securities remaining after the completion of the acquisition or improvement of properties pertaining to the project or otherwise the completion of the purpose or purposes for which such securities were issued shall be credited immediately to the special higher education capital construction fund, or any other fund or account of the university or the board for the construction therefor of capital improvements, or the fund or account created for the payment of the interest on or the principal of the securities, or both principal and interest, and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the securities and the proceedings authorizing or otherwise appertaining to their issuance, or so paid into a reserve therefor, or any combination thereof, as the board may determine.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 430Senator Gibson
CHAPTER 265
AN ACT relating to county, municipal and district financial administration; allowing certain electric light and power districts to submit to the department of taxation, in satisfaction of certain requirements of the Local Government Budget Act, copies of budgetary documents which the districts have previously submitted to the Rural Electrification Administration of the United States Department of Agriculture; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, [shall] apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive, local government means every political subdivision or other entity which has the right to levy or receive [moneys] money from ad valorem or other taxes or any mandatory assessments, and includes without limitation counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.700, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
κ1979 Statutes of Nevada, Page 362 (CHAPTER 265, SB 430)κ
to 354.626, inclusive, local government means every political subdivision or other entity which has the right to levy or receive [moneys] money from ad valorem or other taxes or any mandatory assessments, and includes without limitation counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.700, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax [is required to] shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.
3. An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, for a year in which the district does not issue bonds or levy an assessment if the district files with the department of taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Electrification Administration of the United States Department of Agriculture.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 66Assemblymen Hayes, Glover, Jeffrey, Barengo and Horn
CHAPTER 266
AN ACT relating to transportation; exempting nonprofit carrier of elderly and handicapped persons from requirement of obtaining certificate of public convenience and necessity; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.386 is hereby amended to read as follows:
706.386 1. It is unlawful:
[1. For] (a) Except as provided in subsection 2, for any common motor carrier to operate as a carrier of intrastate commerce within this state without first having obtained a certificate of public convenience and necessity from the commission.
[2. Notwithstanding any other provision of this chapter, for]
(b) For a broker to act as such on or off the highways of this state without having obtained a certificate of public convenience and necessity from the commission.
κ1979 Statutes of Nevada, Page 363 (CHAPTER 266, AB 66)κ
2. A nonprofit carrier of elderly or physically or mentally handicapped persons is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the commission to determine whether its vehicles and their operation are safe.
________
Assembly Bill No. 143Assemblymen Stewart, Hayes, Horn, Sena, Brady, Tanner, Fielding and Wagner
CHAPTER 267
AN ACT relating to crimes against public decency and good morals; revising the test for obscenity; exempting certain institutions and persons from prosecution for obscenity; providing for an injunction as an alternative to criminal prosecution and for other civil remedies; providing penalties; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 201 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. The provisions of NRS 201.250 to 201.254, inclusive, and sections 3 to 9, inclusive, of this act do not apply to those universities, schools, museums or libraries which are operated by or are under the direct control of the state, or any political subdivision of the state, or to persons while acting as employees of such organizations.
Sec. 3. 1. The district attorney or city attorney of any county or city, respectively, in which there is an item or material which he believes to be obscene, may file a complaint in the district court seeking to have the item or material declared obscene and to enjoin the possessor and the owner from selling, renting, exhibiting, reproducing, manufacturing or distributing it and from possessing it for any purpose other than personal use.
2. In such an action, no temporary restraining order may be issued, but irreparable injury or a threat thereof need not be shown in order to obtain a preliminary injunction against a defendant.
Sec. 4. 1. If a final judgment declaring an item or material obscene is entered against its owner or possessor, the judgment shall contain a provision directing the owner or possessor to surrender to the sheriff of the county in which the action was brought the item or material declared obscene and a direction to the sheriff to seize and destroy it.
2. In any action brought to declare an item or material obscene, the district attorney or city attorney bringing the action is not required to file an undertaking before an injunction is issued.
3. A sheriff directed to seize an obscene item or material is not liable for damages sustained by reason of the injunction in cases where judgment ultimately is rendered in favor of the person, firm, association or corporation sought to be enjoined.
κ1979 Statutes of Nevada, Page 364 (CHAPTER 267, AB 143)κ
for damages sustained by reason of the injunction in cases where judgment ultimately is rendered in favor of the person, firm, association or corporation sought to be enjoined.
4. Every person, firm, association or corporation who sells, distributes, or acquires possession with intent to sell or distribute any allegedly obscene item or material, after service upon him of a summons and complaint in an action brought to declare an item or material obscene is chargeable with knowledge of the contents of the item or material.
Sec. 5. If a district court enters a judgment that an item or material is obscene and that item or material, or one substantially identical thereto, is sold after that judgment or injunction, the court shall order an accounting to determine the value of all money and other consideration received by the defendant which was derived from the obscene item or material after the court judged it to be obscene. The defendant shall pay a sum equivalent to that value into the general fund of the city or county which prosecuted the action.
Sec. 6. In prosecutions under NRS 201.250 to 201.254, inclusive, and sections 3 to 9, inclusive, of this act, evidence of circumstances of production, dissemination, sale or publicity of the material or item, which indicates it is being commercially exploited by the defendant for its prurient appeal, is probative of the obscenity of the material or item and can justify the conclusion that it is, taken as a whole, without serious literary, artistic, political or scientific value.
Sec. 7. Except as otherwise provided in section 2 of this act, a person is guilty of a misdemeanor who knowingly:
1. Prints, produces or reproduces any obscene item or material for sale or commercial distribution.
2. Publishes, sells, rents, transports in intrastate commerce, or commercially distributes or exhibits any obscene item or material, or offers to do any such things.
3. Has in his possession with intent to sell, rent, transport or commercially distribute any obscene item or material.
Sec. 8. 1. A person, firm, association or corporation shall not, as a condition to any sale, allocation, consignment or delivery for resale of any item or material, require that the purchaser or consignee receive for resale any other item or material which is obscene. A person, firm, association or corporation shall not deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, for the failure or refusal of any person to accept any obscene item or material or for the return thereof.
2. A person, firm, association or corporation who violates any provision of this section is guilty of a misdemeanor.
Sec. 9. The provisions of NRS 201.250 to 201.254, inclusive, and sections 2 to 8, inclusive, of this act do not preclude any county, city or town from adopting an ordinance further regulating obscenity if its provisions do not conflict with these statutes.
Sec. 10. NRS 201.250 is hereby amended to read as follows:
201.250 [1. In this section,] In NRS 201.250 to 201.254, inclusive, and sections 3 to 8, inclusive, of this act, unless the context otherwise requires:
κ1979 Statutes of Nevada, Page 365 (CHAPTER 267, AB 143)κ
[(a)] 1. Community means the area from which a jury is or would be selected for the court in which the action is tried.
2. Item includes any book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, phonograph record or tape recording, video tape or video disc, with or without music, or other similar items.
[(b)] 3. Material means anything tangible which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.
[(c)] 4. Obscene means any item, material or performance [if:
(1) Considered as a whole, its predominant appeal is to prurient, shameful or morbid interest in nudity, sex, excretion, sadism or masochism; and
(2) It goes substantially beyond customary limits of candor in describing or representing such matters; and
(3) It is utterly without redeeming social value.
Predominant appeal] which:
(a) An average person applying contemporary community standards would find, taken as a whole, appeals to prurient interest;
(b) Taken as a whole, lacks serious literary, artistic, political or scientific value; and
(c) Does one of the following:
(1) Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated.
(2) Depicts or describes in a patently offensive way masturbation, excretory functions, sadism or masochism.
(3) Lewdly exhibits the genitals.
Appeal shall be judged with reference to ordinary adults, unless it appears, from the character of the material or the circumstances of its dissemination, to be designed for children or [other specifically susceptible audiences.] a clearly defined deviant group.
[(d)] 5. Performance means any play, motion picture, dance or other exhibition performed before an audience.
[2. A person is guilty of a misdemeanor who knowingly:
(a) Prints, copies, manufactures, prepares, produces or reproduces any obscene item or material for purposes of sale or commercial distribution.
(b) Publishes, sells, rents, transports in intrastate commerce, or commercially distributes or exhibits any obscene item or material, or offers to do any such things.
(c) Has in his possession with intent to sell, rent, transport or commercially distribute any obscene item or material.
3. No person, firm, association or corporation shall, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication require that the purchaser or consignee receive for resale any other item, article, book or other publication which is obscene. No person, firm, association or corporation shall deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such items, articles, books or publications, or by reason of the return thereof.
κ1979 Statutes of Nevada, Page 366 (CHAPTER 267, AB 143)κ
refusal of any person to accept such items, articles, books or publications, or by reason of the return thereof. A person, firm, association or corporation who violates any provision of this subsection is guilty of a misdemeanor.
4. (a) The district court has jurisdiction to enjoin the sale or distribution of obscene prints and articles, as described in paragraph (b).
(b) The district attorney of any county or the city attorney of any city in which a person, firm, association or corporation publishes, sells or distributes or is about to sell or distribute or has in his possession with intent to sell or distribute or is about to acquire possession with intent to sell or distribute any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photograph, figure, image or any written or printed matter of an obscene character, or which contains an article or instrument of obscene use or purports to be for an obscene use or purpose, or in any other respect defined in subsection 1, may maintain an action on behalf of such county or city for an injunction against such person, firm, association or corporation in the district court to prevent the sale or further sale or the distribution or further distribution of the acquisition, publication or possession within the state of any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photographed figure or image or any written or printed matter of an obscene character, described in this subsection or in subsection 1.
(c) The person, firm, association or corporation sought to be enjoined shall be entitled to a trial of the issue within 10 days after joinder of issue and a decision shall be rendered by the court within 10 days of the conclusion of the trial.
(d) If a final order or judgment of injunction is entered against the person, firm, association or corporation sought to be enjoined, such final order of judgment shall contain a provision directing the person, firm, association or corporation to surrender to the sheriff of the county in which the action was brought any of the matter described in paragraph (b), and such sheriff shall be directed to seize and destroy such obscene prints and articles.
(e) In any action brought as provided in this subsection, such district attorney or city attorney bringing the action shall not be required to file any undertaking before the issuance of an injunction order provided for in paragraph (c).
(f) The sheriff directed to seize and destroy such obscene prints and articles shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm, association or corporation sought to be enjoined.
(g) Every person, firm, association or corporation who sells, distributes, or acquires possession with intent to sell or distribute any of the matter described in paragraph (b), after the service upon him of a summons and complaint in an action brought pursuant to this subsection is chargeable with knowledge of the contents of such matter.]
________
κ1979 Statutes of Nevada, Page 367κ
Assembly Bill No. 163Committee on Commerce
CHAPTER 268
AN ACT relating to health insurance; entitling an insured to reimbursement for certain treatments by a certified psychologist; and providing other matters properly relating thereto.
[Approved May 3, 1979]
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:
If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a psychologist who is certified pursuant to chapter 641 of NRS.
________
Assembly Bill No. 265Assemblymen Hayes, Wagner, Cavnar, Getto, Horn, Malone and Stewart
CHAPTER 269
AN ACT relating to child custody; abolishing the tender years criterion in custody cases; making the best interests of the child the sole consideration; expressly authorizing joint custody; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 125.060 is hereby amended to read as follows:
125.060 1. [When, at the commencement or during the pendency of the suit or proceedings for modification of decree, it shall be made to appear to the court, or to the judge, that any child of the wife, whether she be plaintiff or defendant, which is too young to dispense with the care of its mother, or other female, has been, or is likely to be, taken or detained from her, or that] If, during any proceeding brought under this chapter, it appears to the court that any child of either party has been, or likely to be, taken [,] or removed, by [,] or at the instance of [,] the other party, out of the country [,] or concealed within [the same,] it, the court [or judge] shall forthwith order such child to be produced before [him, and then to] the court and shall make such disposition of the [same,] child during the pendency of the suit [,] as [shall appear] appears most advantageous to [such] the child [,] and most likely to secure to [it] him the benefit of the final order to be made in [its] his behalf.
2. All such orders may be enforced [, and made effectual,] by attachment, commitment and requiring security for obedience thereto, or by other means, according to the usages of courts, and to the circumstances of the case.
κ1979 Statutes of Nevada, Page 368 (CHAPTER 269, AB 265)κ
other means, according to the usages of courts, and to the circumstances of the case.
Sec. 2. NRS 125.140 is hereby amended to read as follows:
125.140 1. [The court, in granting a divorce, shall make such disposition of, and provision for, the children, as shall appear most expedient under all the circumstances, and most for the present comfort and future well-being of such children.] In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child, and no preference may be given to either parent for the sole reason that the parent is the mother or the father of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.
2. In actions for divorce the court may, during the pendency of the action, or at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such order for the custody, care, education, mantenance and support of such minor children as [may seem necessary or proper,] appears in their best interests, and may at any time modify or vacate [the same,] its order even if the divorce was obtained by default without an appearance in the action by one of the parties. The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.
3. Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered under this section [shall cease] ceases upon the death of the person to whom such order was directed.
Sec. 3. Section 28 of chapter 85, Statutes of Nevada 1979, at page 142, is hereby amended to read as follows:
Sec. 28. NRS 125.060 is hereby amended to read as follows:
125.060 1. If, during any proceeding brought under the chapter, it appears to the court that any child of either party has been, or is likely to be, taken or removed [, by or at the instance of the other party,] out of the [country] state [,] or concealed within [it,] the state, the court shall forthwith order such child to be produced before [the court and shall] it and make such disposition of the [child] childs custody, during the pendency of the suit as appears most advantageous to the child and most likely to secure to him the benefit of the final order to be made in his behalf.
2. All such orders may be enforced [by attachment, commitment and requiring security for obedience thereto, or by other means, according to the usages of courts, and to the circumstances of the case.] as provided by subsection 2 of section 13 of this act.
Sec. 4. Section 29 of chapter 85, Statutes of Nevada 1979, at page 142, is hereby amended to read as follows:
Sec. 29. NRS 125.140 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 369 (CHAPTER 269, AB 265)κ
125.140 1. In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child, and no preference may be given to either parent for the sole reason that the parent is the mother or the father of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.
2. In actions for divorce the court may: [, during]
(a) During the pendency of the action, or at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such order for the custody, care, education, maintenance and support of such minor children as appears in their best interests; and [may at]
(b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.
The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.
3. All orders authorized by subsection 2 shall be made in accordance with the provisions of sections 2 to 26, inclusive, of this act.
4. Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered under this section ceases upon the death of the person to whom such order was directed.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 371Committee on Ways and Means
CHAPTER 270
AN ACT making an additional and supplemental appropriation to the health division of the department of human resources for the purchase of a plasma spectrograph and related equipment; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the health division of the department of human resources the sum of $118,000 for the purchase of a plasma spectrograph and related equipment for the bureau of laboratory and research. This appropriation is additional and supplemental to that allowed and made by section 30 of chapter 574, Statutes of Nevada 1977.
κ1979 Statutes of Nevada, Page 370 (CHAPTER 270, AB 371)κ
is additional and supplemental to that allowed and made by section 30 of chapter 574, Statutes of Nevada 1977.
2. Any unencumbered balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1979, and such a balance reverts to the state general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 379Assemblyman Vergiels
CHAPTER 271
AN ACT relating to county government; providing for fixing the time and meeting place of the board of county commissioners by ordinance; providing certain exceptions; providing for meetings of the board of county commissioners as a committee of the whole; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.085 is hereby amended to read as follows:
244.085 [The] 1. Except as provided in subsections 2, 3, 4 and 5, the meetings of the boards of county commissioners shall be held at the county seats of their respective counties, or at a place not more than 10 miles from the county seat within the boundaries of the county, at least once in each calendar month, on a day or days to be fixed by ordinance. [, provided that:
1. Such day does not fall on]
2. If the day fixed by ordinance falls on a Saturday or on any non-judicial day, [in which event] the meeting [shall] must be held on the next judicial day.
[2.] 3. The first meeting of the board in odd-numbered years [shall] must be held on the 1st Monday in January [.] , but if the 1st Monday in January is a non-judicial day, the meeting must be held on the next judicial day.
[3. Such] 4. The meeting day [or days] and place as fixed by ordinance [shall] must remain unchanged, unless notice of a proposed change is published once a week for 3 consecutive weeks in a newspaper of general circulation in the county.
5. The board may meet with the governing body of any other governmental unit at any location within the county, but the meeting may not be held at a place which is more than 10 miles from the county seat unless the board, in addition to complying with all other requirements for notice of a meeting of the board, provides notice by publication in a newspaper of general circulation within the county, for at least 3 working days before the meeting, of the date, time and place of the meeting.
6. When the board of county commissioners resolves itself into a committee of the whole, the committee of the whole may meet for informational purposes at any place within the county to discuss only matters of general interest to the particular area. The committee of the whole cannot take any final action and its power is limited to recommendations to the board of county commissioners.
κ1979 Statutes of Nevada, Page 371 (CHAPTER 271, AB 379)κ
cannot take any final action and its power is limited to recommendations to the board of county commissioners.
________
Assembly Bill No. 556Committee on Government Affairs
CHAPTER 272
AN ACT relating to the legislature; prohibiting employers and organizations from considering employees or members service as a member of the legislature as a break in service for the purposes of a private pension plan; requiring a reduction in the number of working hours required to qualify for the plan proportionate to the length of the legislative session; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No employer, labor organization or employee association which maintains or administers a private pension plan for the benefit of its employees or members may consider or treat any time spent by an employee or member as a member of the legislature as a break in service for any purpose of that plan.
2. If a private pension plan requires that an employee work a certain number of hours in a year to qualify under the plan, that number must be reduced for a year in which the employee is a member of the legislature during a legislative session. The reduction must be by a number of hours which bears the same relationship to the required number of hours as the number of days in the legislative session bears to the number of days in the year.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 634Assemblymen Rusk, Mann, Glover, Hickey, Malone, Bergevin, Webb, Marvel, Vergiels, Bremner and Weise
CHAPTER 273
AN ACT relating to planning and zoning; authorizing the governing bodies of counties and cities to appoint part-time hearing examiners; authorizing boards of adjustment to act by majority vote; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.262 is hereby amended to read as follows:
278.262 The governing body of any county or city may appoint as many full-time or part-time hearing examiners as are necessary or appropriate to assist the planning commission and the governing body in acting upon proposals for changes in zoning classification, zoning districts, special use permits, variances and other matters affecting zoning.
κ1979 Statutes of Nevada, Page 372 (CHAPTER 273, AB 634)κ
many full-time or part-time hearing examiners as are necessary or appropriate to assist the planning commission and the governing body in acting upon proposals for changes in zoning classification, zoning districts, special use permits, variances and other matters affecting zoning.
Sec. 2. NRS 278.300 is hereby amended to read as follows:
278.300 1. The board of adjustment shall have the following powers:
(a) To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures.
(b) To hear and decide, in accordance with the provisions of any such regulation, requests for variances, or for interpretation of any map, or for decisions upon other special questions upon which the board is authorized by any such regulation to pass.
(c) Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of [such] the piece of property, the strict application of any regulation enacted under NRS 278.010 to 278.630, inclusive, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of [such] the property, to authorize a variance from [such] that strict application so as to relieve [such] the difficulties or hardship, [provided such] if the relief may be granted without substantial detriment to the public good, without substantial impairment of affected natural resources and without substantially impairing the intent and purpose of any ordinance or resolution.
(d) To hear and decide requests for special use permits or other special exceptions, in such cases and under such conditions as the regulations may prescribe.
2. The [unanimous concurring] majority vote of the board of adjustment [shall be] is necessary to reverse any order, requirement, decision or determination of any administrative official or agency, or to decide in favor of the appellant.
________
Assembly Bill No. 664Committee on Government Affairs
CHAPTER 274
AN ACT relating to county government; changing the procedure for handling certain claims against certain counties; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.210 is hereby amended to read as follows:
244.210 1. [Every] In any county in which a county comptroller has not been appointed, every demand against the county, except the salaries of the [district judge or judges and the] elective officers of the county whose salaries are fixed by law, [shall] must be acted upon by the county commissioners.
κ1979 Statutes of Nevada, Page 373 (CHAPTER 274, AB 664)κ
has not been appointed, every demand against the county, except the salaries of the [district judge or judges and the] elective officers of the county whose salaries are fixed by law, [shall] must be acted upon by the county commissioners. The demands [shall] must be listed on cumulative voucher sheets and a copy presented to each of the members of the board of county commissioners present at [the meeting thereof,] their meeting, and mailed to any absent member. [; and, when] When the demands have been approved by a majority of the board of county commissioners, and the cumulative voucher sheets have been signed by the chairman and secretary of [such board, such demands shall be] the board, the demands are valid vouchers [in the hands of] for the county auditor [for him] to issue warrants on the county treasurer to be paid out of [funds] money belonging to [such] the county.
2. The county auditor shall satisfy himself whether the money is legally due and remains unpaid, and whether [the payment thereof] its payment from the treasury is authorized by law, and out of what fund.
3. If the county auditor [allow] allows it, he shall endorse upon it the word allowed, with the name of the fund out of which it is payable, with the date of [such] the allowance, and sign his name [thereto,] to it, and draw his warrant on the county treasury for the amount allowed.
4. No demand [shall] may be approved [,] or allowed [, audited or paid] unless each [several] item, date and value composing it [be endorsed upon the same,] is endorsed by the order of the board of county commissioners, together with a reference to the law, order, contract or authority by title, date and section authorizing the [same.] demand.
5. In any county in which a county comptroller has been appointed:
(a) Every demand against the county, except the salaries of the elective officers of the county whose salaries are fixed by law, contested claims, and requests for refunds payable out of budgeted appropriations, must be listed on cumulative voucher sheets and audited by the county comptroller. The county comptroller shall satisfy himself whether the money demanded is legally due and remains unpaid, and whether its payment is authorized by law. If the demands qualify for payment, warrants must be drawn on the county treasurer in accordance with the listing of the demands on the voucher sheets. The warrants and voucher sheets must be signed by the county comptroller and the county treasurer. A signed copy of the cumulative voucher sheets must be forwarded by the county treasurer to the board of county commissioners.
(b) Demands against the county based on contested claims or requests for refunds payable out of budgeted appropriations must be acted on in accordance with the procedure prescribed in this section for counties in which no comptroller has been appointed.
Sec. 2. NRS 244.215 is hereby amended to read as follows:
244.215 1. [The] In any county in which a county comptroller has not been appointed, the county auditor shall sign no warrant authorizing the payment of money by the county treasurer, [(] except for the salary of the county auditor, [and district judge or judges),] until a copy of the order of the board of county commissioners, allowing the amount and ordering [the] its payment, [thereof,] together with the account, have been submitted to him, and his allowance endorsed on [such] the order, unless the county auditor [shall refuse] refuses to audit and allow the [same,] demand, in which [latter] case the order [shall] must be presented to the board of county commissioners, with a copy of the refusal of the county auditor endorsed, and his reasons for [such] the refusal.
κ1979 Statutes of Nevada, Page 374 (CHAPTER 274, AB 664)κ
amount and ordering [the] its payment, [thereof,] together with the account, have been submitted to him, and his allowance endorsed on [such] the order, unless the county auditor [shall refuse] refuses to audit and allow the [same,] demand, in which [latter] case the order [shall] must be presented to the board of county commissioners, with a copy of the refusal of the county auditor endorsed, and his reasons for [such] the refusal.
2. In any county in which a county comptroller has been appointed, if the county comptroller refuses a demand either entirely or in part as not being a proper claim against the county, he shall present the demand to the board of county commissioners with an endorsed copy of the refusal and his reason for the refusal.
3. Should the board order the issuance of [such] the warrant by a unanimous vote of [all the members elected or appointed,] its members, the county auditor shall immediately issue [such] the warrants upon service upon him of a copy of [such] the order of the board, certified to by the clerk of the board, that all the members [elected] voted for its passage; otherwise, the account [shall] must be declared rejected, and no warrant [shall thereupon issue.] may be issued for payment of the demand.
[3.] 4. If the county auditor [allow such] allows the account in part, a warrant shall only issue for [such] that part, unless the board, by a similar unanimous vote, [allow] allows a greater sum.
[4.] 5. No warrant [shall] may be drawn by the county auditor on the county treasurer on any fund, unless [the money be therein] there is sufficient money in the fund at the time to pay the [same;] warrant; and any warrant drawn contrary to the provisions of this section [shall be] is void for all purposes. [whatsoever.]
________
κ1979 Statutes of Nevada, Page 375κ
Senate Bill No. 49Senator Glaser
CHAPTER 275
AN ACT to amend an act entitled An Act relating to a civic auditorium and convention center within or proximate to the City of Elko, Nevada; creating the Elko City-County Civic Auditorium Authority and providing for the governing body thereof; providing for the issuance of the bonds thereof in a principal amount not exceeding $2,500,000, for the payment of such bonds by the levy and collection of general (ad valorem) property taxes within the boundaries of the Authority; providing for the acquisition and construction of a civic auditorium and convention center, including incidental improvements, equipment, furnishings and appurtenances; generally describing the boundaries of the Authority, and providing a procedure for the precise definition of such boundaries and for the addition of lands to such boundaries; providing for an approving bond election; and providing other matters properly relating thereto, approved April 18, 1975.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 271, is hereby amended to read as follows:
Sec. 2. As used in this chapter, Authority means the Elko City-County Civic Auditorium Authority and [the Board of Commissioners] Board means the governing body of the Elko City-County Civic Auditorium Authority. The Board may by appropriate resolution alter the name by which the Authority or the Board or both shall thereafter be known.
Sec. 2. Section 3 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 271, is hereby amended to read as follows:
Sec. 3. 1. The Authority is hereby authorized and empowered without the necessity of an election or further preliminaries (except for the approving bond election hereinafter required) to construct, concurrently or in phases, and otherwise acquire (including a site therefor) a civic auditorium and convention center, including improvements incidental thereto, and equipment and furnishings therefor and all appurtenances to be located within or proximate to the City of Elko, Nevada (herein sometimes referred to as the Project); and to defray wholly or in part the cost of the Project by the issuance of Authority Bonds (herein sometimes designated as the Bonds) in the aggregate principal amount not exceeding $2,500,000 or such lesser amount as the Board of County Commissioners of Elko County, Nevada, may determine in the resolution described in Sections 19 and 20 of this Act as being necessary or desirable for such purpose.
2. After the initial issuance of these bonds, the Authority may:
(a) Establish, construct, purchase, otherwise acquire, reconstruct, repair, maintain, improve, extend and better exposition buildings, convention halls, auditoriums, amusement halls, exhibit buildings, exhibit spaces, display areas, parking spaces, storage and warehousing facilities and other convention and auditorium facilities and buildings therefor, and improvements incidental thereto.
κ1979 Statutes of Nevada, Page 376 (CHAPTER 275, SB 49)κ
convention halls, auditoriums, amusement halls, exhibit buildings, exhibit spaces, display areas, parking spaces, storage and warehousing facilities and other convention and auditorium facilities and buildings therefor, and improvements incidental thereto.
(b) Equip and furnish such facilities.
(c) Acquire suitable sites or grounds for such facilities.
(d) Manage and operate such facilities.
(e) Landscape such facilities.
(f) Advertise, publicize and promote such facilities.
(g) Issue bonds therefor, or for any combination thereof, at one time or from time to time.
(h) Lease all or any portions of such facilities, including the lease of space for commercial advertising purposes.
(i) Accept contributions, grants, or other financial assistance from:
(1) The Federal Government or any agency thereof;
(2) The State of Nevada or any agency thereof;
(3) Elko County or any agency thereof;
(4) The City of Elko or any agency thereof;
(5) Any other political subdivision of the State of Nevada; and
(6) Any person, corporation, partnership or other source,
and comply with such conditions, terms, leases and agreements as may be necessary, convenient, acceptable or desirable in connection with any such financial assistance.
3. Without limiting the generality of the provisions of subsection 2, such facilities include all buildings and improvements incident thereto, as well as all equipment, furnishings or other personal property located thereon or used in connection therewith, and all sites and grounds which are used as a convention center or auditorium or for purposes related thereto.
Sec. 3. Section 4 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 272, is hereby amended to read as follows:
Sec. 4. The Bonds authorized to be issued by section 3 of this Act [shall be] are general obligation bonds of the Authority payable from general (ad valorem) property taxes to be levied by the County Commissioners of Elko County, Nevada, on behalf of the Board [of Commissioners] of the Authority, such taxes to be levied upon all taxable properties within the boundaries of the Authority as such boundaries shall be hereafter established and defined and from time to time be redefined by reason of inclusion of additional lands.
Sec. 3.3. Section 5 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 272, is hereby amended to read as follows:
Sec. 5. The Bonds shall be issued independent of any debt limitation or other restriction, except as otherwise provided in this Act and in the Local Government Securities Law, and the Authority acting by its Board [of Commissioners] may, in connection with the powers authorized by this Act, exercise the incidental powers provided in the Local Government Securities Law, except as otherwise provided in this Act.
κ1979 Statutes of Nevada, Page 377 (CHAPTER 275, SB 49)κ
provided in the Local Government Securities Law, except as otherwise provided in this Act.
Sec. 3.6. Section 6 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 272, is hereby amended to read as follows:
Sec. 6. [Nothing in this Act shall be construed as preventing] This Act does not prevent the Board, [of Commissioners,] on behalf and in the name of the Authority, from refunding or reissuing the Bonds at any time as provided in the Local Government Securities Law.
Sec. 4. Section 8 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 272, is hereby amended to read as follows:
Sec. 8. [The] 1. Subject to the powers of the Audit and Taxation Committee to approve, reject or revise all budgets of the Authority, and to levy all taxes on its behalf, the Authority shall be governed by a Board of [three Commissioners who shall be appointed by resolution, two members by the City Council of the City of Elko and one member by the Board of County Commissioners of the County of Elko, and each Commissioner shall serve at the pleasure of the respective appointing body, but each appointment shall be reviewed no less than every four years and each member must be a resident of the City or County from which he is appointed and may be, but is not required to be, a member of the Council or Board of the appointing body. The Board of Commissioners shall elect a Chairman from time to time as shall be necessary from its own members and the City Clerk and City Treasurer of the City of Elko shall act as Secretary and Treasurer to the Board of Commissioners and the Authority without additional compensation.] Governors consisting of five members appointed as follows:
(a) Two members appointed by the board of supervisors of the City of Elko, both of whom must be current members of the board of supervisors;
(b) One member appointed by the board of county commissioners of Elko County, who must be a current member of the board of county commissioners;
(c) Two members at large, who must reside within the boundaries of the Authority, appointed by those members appointed pursuant to paragraphs (a) and (b).
2. Subject to the provisions of subsections 4, 6 and 7, the terms of those elected officers appointed pursuant to paragraphs (a) and (b) of subsection 1, are coterminous with their respective terms in their specified elective offices.
3. Subject to the provisions of subsections 4 and 6, the terms of the other members of the Board of Governors are 4 years.
4. Any member of the Board of Governors appointed pursuant to paragraph (c) of subsection 1 may be reappointed to not more than two additional, consecutive terms. Those members appointed pursuant to paragraphs (a) or (b) of subsection 1 may be removed by the appointing board with or without cause. Those members appointed pursuant to paragraph (c) of subsection 1 may be removed by the vote of 3 other governors with or without cause.
κ1979 Statutes of Nevada, Page 378 (CHAPTER 275, SB 49)κ
appointed pursuant to paragraph (c) of subsection 1 may be removed by the vote of 3 other governors with or without cause.
5. Any vacancy occurring among the governors appointed under paragraphs (a) or (b) of subsection 1, must be filled promptly by the board which appointed the member whose position has become vacant. Any vacancy occurring among the governors appointed under paragraph (c) must be filled promptly by the governors who were appointed under paragraphs (a) and (b).
6. If a member ceases to reside in the area he was appointed to represent, he is automatically disqualified from serving on the Board of Governors. Such a disqualified members position must be filled by the prompt appointment of a successor by:
(a) The board which originally appointed the member removed, if he was appointed under paragraphs (a) or (b) of subsection 1;
(b) Those members appointed under paragraphs (a) and (b), if the member removed was appointed under paragraph (c) of subsection 1.
7. The initial terms of the members of the Board of Governors are:
(a) Two years for those members appointed pursuant to paragraph (a) of subsection 1;
(b) Three years for that member appointed pursuant to paragraph (b) of subsection 1; and
(c) Four years for those members appointed pursuant to paragraph (c) of subsection 1.
Sec. 5. Section 9 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 272, is hereby amended to read as follows:
Sec. 9. [Forthwith upon appointment of the first members of the Board of Commissioners, the] 1. The Board shall [organize,] adopt a seal, establish a principal place of business and adopt, and thereafter from time to time amend, if necessary, appropriate rules and regulations not inconsistent with this act for carrying on the business and affairs of the Board and of the Authority. Each member shall, upon acceptance of his appointment, file with the Clerk of Elko County:
(a) His oath of office;
(b) A corporate surety bond furnished at authority expense, in an amount not to exceed $1,000, and conditioned on the faithful performance of his duties as a member of the Board.
2. No member may receive any compensation as an employee of the Board or otherwise, and a member of the Board shall not be interested in any contract or transaction with the Board except in his official representative capacity.
3. Within 30 days after the effective date of this amendatory act, and during January of each odd-numbered year thereafter, the Board shall choose one of its members as chairman and one of its members as vice chairman, and shall appoint or hire a secretary and a treasurer, who shall not be members of the Board. The secretary and treasurer may not be one person.
κ1979 Statutes of Nevada, Page 379 (CHAPTER 275, SB 49)κ
4. The secretary shall keep a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. The minute book and records are open to the inspection of all interested persons, at all reasonable times and places.
5. The Elko County treasurer and auditor shall act as the treasurer and auditor of the Authority, as nearly as possible in the manner provided by law for counties. The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board. The treasurer shall file with the County Clerk, at authority expense, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of the treasurer.
6. The Board shall meet regularly at a time and in a place to be designated by it. Special meetings may be held as often as the needs of the Board require, on notice to each Board member.
Sec. 6. Section 10 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 273, is hereby amended to read as follows:
Sec. 10. [Two] A majority of the members [of the Board of Commissioners shall] constitute a quorum at any meeting, and the Board may take action either by motion or by resolution [.] , which must be adopted by at least a majority of the members present and constituting a quorum.
Sec. 7. Section 11 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 273, is hereby amended to read as follows:
Sec. 11. [In connection with the Project,] 1. The Board shall:
(a) Submit its proposed annual budget for the Authority to the Audit and Taxation Committee for approval, rejection or revision by that Committee, not less than 180 days before the beginning of each fiscal year;
(b) Submit at the same time to that Committee the Boards estimate of the amount of taxes which must be levied by the Committee to raise the necessary revenue to conduct the projected operations of the Authority for the fiscal year that is about to commence.
2. In addition to powers elsewhere conferred, the Board, on behalf of [, and in the name of] the Authority, [in addition to, and not in limitation of, powers elsewhere conferred thereon and without the necessity of an election, hearing, referendum or other further preliminaries not provided herein, is authorized and empowered:
1. To arrange a contract for the furnishing by any person or agency, public or private, of services, works or facilities for, or in connection with the Project and any part thereof.
2. To hire and retain independent contractors, agents and employees, including but not limited to engineers, architects, financial consultants, attorneys at law, or any other persons necessary or desirable to effect the purposes of this Act; and to prescribe their compensation, duties or other terms of employment.
κ1979 Statutes of Nevada, Page 380 (CHAPTER 275, SB 49)κ
3. To make and keep records in connection with the Project or any part thereof.
4. To establish rules and regulations and fees and charges with respect to the use of the Project.
5. To cause to be levied general (ad valorem) property taxes sufficient, after taking into account revenues from fees and charges, to pay the cost of maintenance and operation of the Project and to pay timely the principal of, together with the interest on, the Bonds.
6. To arbitrate any differences arising in connection with the Project.
7. To commence, defend, conduct, terminate by settlement or otherwise, participate in any litigation or other court, judicial or quasi-judicial action, either at law or in equity, by suit, action, mandamus or other proceedings, concerning the Project or any part thereof, or in any manner appertaining thereto.
8. To use for or in connection with the Project, moneys, land and other real and personal property legally available therefor of the City of Elko or the County of Elko not originally acquired therefor.
9. To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of this Act; and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this Act, and such specific powers shall not be considered as a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of this Act.] may:
(a) Establish, construct, purchase, lease, enter into a lease purchase agreement respecting, acquire by gift, grant, bequest, devise or otherwise, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage convention, exhibit and auditorium facilities, including personal property and real property, appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein.
(b) Insure or provide for the insurance of any facility and of the Board and its officers, employees and agents against such risks and hazards as the Board may deem advisable, without thereby waiving any immunity granted by law.
(c) Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, food, beverages, alcoholic beverages or facilities for or in connection with a facility, hire and retain officers, agents and employees, including a fiscal adviser, engineers, attorneys or other professional or specialized personnel.
(d) Direct the board of county commissioners or the board of supervisors of the City of Elko, and the governing board of any other political subdivision within the boundaries of the Authority, with the concurrence of that board, to acquire by the exercise of the power of eminent domain any real property with the Board of Commissioners deems necessary for its purposes, after the adoption by the Board of a resolution declaring such acquisition necessary for its purposes.
κ1979 Statutes of Nevada, Page 381 (CHAPTER 275, SB 49)κ
for its purposes. This power must be exercised in the manner provided by any applicable statutory provisions and laws of the State of Nevada. Title to property so acquired must be taken in the name of the Authority.
(e) Sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property, or any interest therein acquired for the purpose of this act, including the lease of any facility acquired by the Authority which is to be operated and maintained as a public project and convention, auditorium or exhibit facility.
(f) Fix, and from time to time increase or decrease, rates, tolls, rents or charges for services or facilities furnished in connection with any facility and take such action as necessary or desirable to effect their collection.
(g) Receive, control, invest and order the expenditure of any and all money and funds pertaining to any facility or related properties, including but not limited to annual grants from the Federal Government, the state, the county and incorporated cities in the county for capital improvements for facilities.
(h) Enter into contracts, leases or other arrangements for commercial advertising purposes with any person or government.
(i) Exercise all or any part or combination of the powers granted in this act to the Authority, except as otherwise provided in this act.
(j) Sue and be sued.
(k) Do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the purposes and provisions of this act.
(l) Engage in the sale and dispensing of alcoholic beverages in connection with activities conducted in connection with the facility, operate a bar in connection therewith and obtain all necessary licenses and permits and provide any bonds or security necessary or advisable.
(m) Engage in the preparation, sale, serving and dispensing of food and beverages in connection with the facilities and activities conducted in connection therewith.
(n) Provide security for all authorized facilities and activities by means of security guards, burglar alarm systems, fire alarm systems and other modern methods of protection and detection, with all materials, supplies and equipment incidental thereto.
(o) Make all facilities of the Authority or any portion thereof available for any event, activity, meeting, party or purpose approved by the Board, with or without charge, as determined by the Board.
2. The Board, in addition to the other powers conferred upon it, may:
(a) Set aside a fund in an amount which it considers necessary, which may be expended in the discretion of the Board for the purpose of promoting or attracting conventions, meetings and like gatherings which will utilize the facilities of the Authority. Such expenditure is made for a public purpose.
κ1979 Statutes of Nevada, Page 382 (CHAPTER 275, SB 49)κ
(b) Solicit and promote tourism generally, individually and through annual grants to chambers of commerce, convention authorities and other convention generating entities, and further promote generally the use of its facilities, pursuant to lease agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the Authority, and to enhance the general economy. Such promotion may include advertising the facilities under control of the Board and the resources of the community or area, including without restriction tourist accommodations, transportation, entertainment and climate.
(c) Enter into contracts for advertising and pay the cost thereof, including reasonable commissions.
(d) Authorize the expenditure of money subject to its control and derived from any source within its jurisdiction and authority, regardless of any purported limitations thereon incident to any transfer or remittance to the Board of the proceeds of any license tax or other money collected by any political subdivision, but subject to all valid contractual or statutory restrictions which may apply to any such money or remittances or to the use or disposition thereof.
(e) Borrow money, with the prior approval of the Audit and Taxation Committee if the amount to be borrowed is more than $10,000, or accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, for use in furtherance of any of the authorized purposes of the authority, and meet and comply with any conditions imposed thereon, which are within the authority or discretion of the Board.
(f) Appoint an executive director, a facility manager, the Authority clerk, the Authority treasurer, assistants to officers and establish such other offices and appoint such other officers as it deems necessary. All appointive officers serve at the pleasure of the Board and shall perform such duties as may be designated by the Board and are entitled to receive such salary as may be set from time to time by the Board. The Board may require, from all officers and employees, sufficient surety for the faithful and honest performance of their respective duties. The Board shall, by agreement pursuant to chapter 288 of NRS, or by resolution, set the annual, sick and disability leave, salary or wages, pensions, insurance and other benefits for appointed and hired Authority officers and employees.
3. Any contracts, leases, franchises or other transactions authorized or executed by the Board are not affected by the fact that the term of office of any or all of its members may expire before completion of the transaction authorized.
4. When any member of the Board or officer or employee of the Authority travels for the transaction of business of the Authority, the Board may pay him the actual expenses necessary for such travel, including travel expenses, room, board, gratuities, car rental, telephone, taxi fares and any other expense reasonably incurred in connection with such travel.
κ1979 Statutes of Nevada, Page 383 (CHAPTER 275, SB 49)κ
connection with such travel. Travel fares must be the amount charged by public conveyance unless the Board determines that travel by private conveyance is more economical, or travel by public conveyance is impracticable or unavoidable over any of the routes to be traveled. The Board may allow for traveling by private conveyance an amount not to exceed the maximum allowance per mile for travel by private conveyance by state officers and employees specified in NRS 281.160 as amended from time to time.
Sec. 7.2. Section 17 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 274, is hereby amended to read as follows:
Sec. 17. The Board, [of Commissioners,] except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and sureties and such guarantees of good and faithful performance in the completion of any work and the keeping of the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the Board to be advantageous to the Authority and to all interested.
Sec. 7.5. Section 25 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 276, is hereby amended to read as follows:
Sec. 25. If upon the canvass it is found that a majority of the votes cast at the special bond election were in the affirmative, then the Board of County Commissioners of Elko County shall forthwith require the Elko County Engineer to determine the precise boundaries of the Authority, shall adopt and finally establish the boundaries of the Authority in the resolution referred to in Section 8 of this Act and, immediately upon organization of [the Board of Commissioners of the Authority,] its Board, the Authority shall comply with the provisions of NRS 234.250. Since the lands of the Authority are not contiguous, each portion thereof shall be described so as to close.
Sec. 7.6. Section 26 of the above-entitled act, being chapter 227, Statutes of Nevada 1975, at page 276, is hereby amended to read as follows:
Sec. 26. After establishment and definition of the initial boundaries of the Authority, inclusion of additional lands within the boundaries of the Authority shall be accomplished pursuant to one of the following procedures:
1. If lands proximate to the boundaries of the Authority [shall hereafter be] are platted or mapped after April 18, 1975, pursuant to the provisions of [NRS Chapter] chapter 278 [,] of NRS, the owner or owners thereof may request in writing that such lands be included within the boundaries of the Authority and the Board of County Commissioners of Elko County shall provide for the notation of such inclusion upon the final subdivision map or parcel map prior to the final recordation thereof, and shall notify the Board [of Commissioners] of the Authority in writing of the fact of such inclusion; or
κ1979 Statutes of Nevada, Page 384 (CHAPTER 275, SB 49)κ
2. If the owner or owners of lands proximate to the boundaries of the Authority so proposed to be platted or mapped [shall] fail to request inclusion of [such] the lands within the boundaries of the Authority and the Board of County Commissioners of Elko County [shall] preliminarily [determine] determines that, by reason of such proximity, [such] the lands should be so included within the boundaries of the Authority, then prior to final recordation of such map the Board of County Commissioners shall by resolution make such a preliminary determination, shall fix in [said] the resolution the time and place of a hearing on any such inclusion and shall give at least thirty days prior notice in writing of the time and place of such hearing to both the owner or owners of lands proposed to be so platted or mapped and to the Authority. At the time and place of [such] the hearing, the Board of County Commissioners shall hear the owner or owners and the Authority, as well as all persons interested, as to the question of whether or not [such] the lands should be so included within the boundaries of the Authority. Upon completion of the hearing, the Board of County Commissioners shall determine by resolution whether or not [said] the lands shall be so included and the determination of the County Commissioners, in the absence of fraud or abuse of discretion, [shall be] is final and conclusive. The final action of the Board of County Commissioners shall, prior to final recordation, be noted on the title sheet of any subdivision or parcel map approved pursuant to the provisions of [NRS Chapter] chapter 278 of NRS and the Board of County Commissioners shall give the Authority notice in writing of its final determination. [; and]
3. Upon inclusion of any additional lands within the boundaries of the Authority, the Board [of Commissioners] of the Authority shall forthwith adopt a resolution confirming the inclusion of such lands and shall otherwise comply with the provisions of NRS 234.250.
Sec. 8. Chapter 227, Statutes of Nevada 1975, is hereby amended by adding thereto new sections designated Sections 4.5, 11.4, 11.5 and 11.6, which shall read, respectively, as follows:
Sec. 4.5. 1. Whenever the Board by resolution determines that the interest of the Authority and the public interest, necessity or desirability require or justify the creation of a bonded indebtedness by the issuance of general obligation bonds, or the incurrence of special obligations by the issuance of revenue bonds, for any purpose authorized by this act, the Board shall order the submission of the proposition of issuing such general obligation bonds or such revenue bonds to the Authority electors, as defined in subsection 5, at an election held for that purpose.
2. This section does not preclude the Board from applying for short-term financing under the provisions of NRS 354.430 to 354.460, inclusive.
3. For any such purpose, the Board, at any time or from time to time, in the name and on the behalf of the Authority, may:
κ1979 Statutes of Nevada, Page 385 (CHAPTER 275, SB 49)κ
(a) Issue, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:
(1) General obligation bonds, payable from taxes; and
(2) General obligation bonds, payable from taxes, whose payment is additionally secured by a pledge of gross or net revenues derived from the operation of such facilities, and, if so determined by the Board, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the Authority or from any license or other taxes levied for revenue by Elko County or an incorporated city in Elko County, or otherwise, as may be legally made available for their payment;
(b) Issue, in the manner provided in NRS 350.010 to 350.070, inclusive, as from time to time amended, revenue bonds payable solely from the net revenues to be derived from the operation of such facilities, as the Board may decide.
4. The election board shall make its returns to the secretary of the Board either directly or through the county clerk, as the Board may provide.
5. For the purposes of this act, the electors of the Authority are all persons who are qualified to vote at general elections in Elko County, and who reside within the boundaries of the Authority upon the date of close of registration for any election called by or for the Authority for bonding or revenue purposes. These electors are entitled to vote at such elections on the questions pertaining to the Authority.
6. Appropriate notices of registration and of an election presenting questions relating to the Authority must be given, and the election must be held, except as provided in this act to the contrary, in accordance with NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended.
Sec. 11.4. 1. The members of the Audit and Taxation Committee must be appointed as follows:
(a) Three members appointed by the board of supervisors of the City of Elko, all of whom must be current members of its board of supervisors and none of whom may be on the Board of Governors of the Authority; and
(b) Two members appointed by the board of county commissioners of Elko County, both of whom must be current members of its board of county commissioners and neither of whom may be on the Board of Governors of the Authority.
2. Subject to the provisions of subsections 4 and 6, the terms of all members of the Audit and Taxation Committee are coterminous with their respective terms in their specified elective offices.
3. Subject to the provisions of subsections 2, 4 and 6, the terms of all members of the Committee are four years.
4. Any member of the Audit and Taxation Committee may be removed by the appointing board at any time with or without cause.
κ1979 Statutes of Nevada, Page 386 (CHAPTER 275, SB 49)κ
5. Any vacancy occurring on the Audit and Taxation Committee must be filled promptly by the board which appointed the member whose position has become vacant.
6. The initial terms of the members of the Audit and Taxation Committee are:
(a) Two years for those members appointed under paragraph (a) of subsection 1; and
(b) Three years for those members appointed under paragraph (b) of subsection 1.
7. The Audit and Taxation Committee shall adopt a seal, establish a principal place of business and adopt, and thereafter from time to time amend, if necessary, appropriate regulations not inconsistent with this act for the conduct of its business, the performance of the duties and the exercise of the powers vested in it by the provisions of section 11.5 of this chapter. No member of the Committee may receive any compensation as an employee of the Committee or of the Authority, and no member may have any interest in any contract or transaction with the Authority or its Board of Governors, except in his capacity as a member of the Committee. Within 60 days after the effective date of this amendatory act, the Committee shall conduct its first meeting at which it shall adopt regulations governing, in addition to the matters mentioned:
(a) Its organization as a Committee;
(b) Its regular and special meetings, the location and the form of notice thereof;
(c) The composition of a quorum and the procedure and number of Committee votes necessary to constitute action by the Committee; and
(d) All other matters relating to its internal operation as a Committee.
Sec. 11.5 1. The sole and exclusive power to levy taxes on behalf of the Authority is vested in the Audit and Taxation Committee, as well as the sole and exclusive power to adopt all budgets of the Authority. The Committee shall consider all recommendations of the Board of Governors respecting proposed taxes to be levied and budgets to be adopted, but it shall exercise its independent, collective judgment in making its final determinations. The Committee may adopt, reject or revise any proposal of the Board of Governors respecting taxes or the budget.
2. The Committee may at any time require the production of any of the books or records of the Authority or the testimony of any agent or employee of the Authority, including the treasurer, upon reasonable, advance written request to the Board.
3. The Committee shall submit a proposed budget for its own operations to the Board of Governors not less than 90 days before commencement of each fiscal year.
Sec. 11.6. 1. In connection with any taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with this act, the Board, upon behalf of the Authority, in addition to powers elsewhere conferred, may but need not:
κ1979 Statutes of Nevada, Page 387 (CHAPTER 275, SB 49)κ
Authority, in addition to powers elsewhere conferred, may but need not:
(a) Collect the proceeds of such taxes from time to time, receive, control, invest and order the expenditure of any money and funds pertaining thereto, prescribe a procedure therefor, including but not limited to enforcing the collection of any delinquent taxes and providing penalties in connection therewith, and create an office and hire personnel therefor.
(b) Defray the reasonable costs of collecting and otherwise administering such taxes from not more than 10 percent of the gross revenues so collected (excluding from this limitation and from such gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer). The incorporated cities collectively and the county may enter into an agreement with the Board for the payment of collection fees which may be more or less than 10 percent of the gross revenues collected by a particular city or the county, except that the total payment of collection fees to all the cities and the county may not exceed 10 percent of the combined gross revenues so collected.
(c) Defray further with the proceeds of any such tax the costs of the Board and of officers, agents and employees hired thereby, and of incidentals incurred thereby, of operating and maintaining facilities under the jurisdiction of the Board, including without limitation the payment of reasonable expenses pertaining to the promotion of tourism generally, individually and through grants to the chambers of commerce of the incorporated cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any facilities authorized by this act, including but not limited to making annual grants to the state, the county and incorporated cities in the county for capital improvements for facilities and of constructing, purchasing or otherwise acquiring any such facilities.
(d) Redeem any general obligation bonds of the Authority issued pursuant to this act, including principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.
(e) Make contracts from time to time concerning any such taxes and any such contract may limit the exercise of powers pertaining thereto, including without limitation the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax; but no such change may be made which would prejudicially affect any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to this act, and each other political subdivision assigning or appropriating such taxes pertaining thereto must consent to any such modification.
(f) Make rules and regulations concerning such taxes and provide penalties for the failure to comply therewith.
2. All taxes levied by a city, town or county for use in connection with this act, and collected by any motel, hotel or gaming establishment, is public money from the moment of its collection, and shall be held in trust by the person collecting it for the use and benefit of the city, town or county levying such taxes or for the use of the Board where such revenues have been assigned or appropriated to the Board.
κ1979 Statutes of Nevada, Page 388 (CHAPTER 275, SB 49)κ
establishment, is public money from the moment of its collection, and shall be held in trust by the person collecting it for the use and benefit of the city, town or county levying such taxes or for the use of the Board where such revenues have been assigned or appropriated to the Board.
3. If the Board determines that any tax assigned to it, or penalty or interest thereon, has been paid more than once or has been erroneously or illegally collected or computed, the Board shall, subject to the conditions specified in this section, refund to the person or corporation or its successors, administrators, executors or assigns, the excess amount collected or paid. In lieu of a refund, the Board may grant a credit to the taxpayer against future tax payments.
4. A refund or credit may not be allowed unless a claim therefor is filed with the Board within 2 years from the last date that the overpayment was made. Every claim must be in writing and state the specific grounds upon which the claim is founded.
5. Failure to file a claim within the time prescribed constitutes a waiver of any demand against the city or county imposing the tax and against the Board.
6. Within 30 days after disallowing any claim, in whole or in part, the Board shall serve written notice of its action on the claimant.
7. In order to insure the payment of the revenue or general obligation bonds of the Authority, the payment of which is secured or is additionally secured, as the case may be, by a pledge of the revenues of the facilities, or of any other income-producing project and of any taxes, as provided in this act, or of other special obligations so secured or other additionally secured general obligations of the Authority, the Board may establish and maintain, and from time to time revise, a schedule of fees, rates and charges for services, facilities and commodities rendered by or through the facilities, and of any other income-producing project, and a schedule of any taxes, as the case may be, in an amount sufficient for that purpose, and also sufficient to discharge any covenant in the proceedings of the Board authorizing the issuance of any bonds or other securities, including any covenant for the establishment of reasonable reserve funds.
________
κ1979 Statutes of Nevada, Page 389κ
Senate Bill No. 55Senator Ford
CHAPTER 276
AN ACT relating to fiscal notes; requiring such notes on joint resolutions of the legislature under the same conditions as they are required on bills; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 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 [,] or any bill or joint resolution which creates or changes any fiscal liability or revenue which appears to be in excess of $2,000 is considered at a public hearing of [any] a committee of the assembly or the senate, or before any vote is taken thereon by [such] the committee, the 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 [,] or joint resolution, 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] the estimates must be made by the agency receiving the appropriation or collecting the revenue.
3. The fiscal note is not required on any bill or joint resolution relating exclusively to the executive budget.
Sec. 2. NRS 218.2723 is hereby amended to read as follows:
218.2723 Before any bill or joint resolution which has a financial [impact] effect on a local government is considered at a public hearing of [any] a committee of the assembly or the senate or before a vote is taken thereon by [such] the committee, the fiscal analysis division shall prepare a fiscal note after consultation with the appropriate local governments or their representatives.
Sec. 3. NRS 218.2725 is hereby amended to read as follows:
218.2725 1. Before any bill or joint resolution which affects the premiums charged to employers as provided in chapters 616 or 617 of NRS or the state insurance fund established by chapter 616 of NRS is considered at a public hearing of [any] a committee of the assembly or the senate or before a vote is taken thereon by [such] the committee, the 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] effect on the premiums charged employers by the Nevada industrial commission [and] or on the state insurance fund.
2. [Such information shall be provided by the] The Nevada industrial commission shall provide such information upon request of the fiscal analysis division.
3. The department of administration is not required to review such [fiscal notes] a fiscal note, but upon request of any legislator, the fiscal analysis division shall review [such fiscal] the note and submit its findings to the requester.
κ1979 Statutes of Nevada, Page 390 (CHAPTER 276, SB 55)κ
analysis division shall review [such fiscal] the note and submit its findings to the requester.
Sec. 4. NRS 218.273 is hereby amended to read as follows:
218.273 1. Except as provided in subsection 2, fiscal notes are required on the original [bills] bill and original joint resolution only and not on amendments.
2. Whenever an amendment adopted by one house so affects a bill or joint resolution that the original fiscal note ceases to be valid, the presiding officer may direct the fiscal analysis division to obtain a new fiscal note showing the effect of the bill or joint resolution as amended.
Sec. 5. NRS 218.275 is hereby amended to read as follows:
218.275 1. The name of the agency preparing the fiscal note [shall] must appear at the end thereof with the signature of the official of the agency who is primarily responsible for preparing the note.
2. The department of administration shall review the fiscal notes prepared by the agencies before such notes are returned to the legislature. If the department of administration disagrees with a fiscal note prepared by the agency, it may submit a supplementary fiscal note for [such bill.] the bill or joint resolution.
Sec. 6. NRS 218.2751 is hereby amended to read as follows:
218.2751 The fiscal note [shall] must be factual and concise in nature, and [shall] must provide a reliable estimate of the dollar amount of effect the bill or joint resolution will have. If the agency concludes that no dollar amount can be estimated, the note [shall] must so state with reasons for such a conclusion.
Sec. 7. NRS 218.2752 is hereby amended to read as follows:
218.2752 Whenever a bill or joint resolution is submitted to an agency for a fiscal note, the agency shall prepare the note and return it to the fiscal analysis division within 5 working days. The fiscal analysis division may extend [such] the period for not more than 10 additional days if the matter requires extended research.
Sec. 8. NRS 218.2753 is hereby amended to read as follows:
218.2753 1. Agencies [shall utilize the bills] may use the bills and joint resolutions submitted to them for official purposes only. No person may copy or otherwise disseminate information concerning any [such] bill or joint resolution submitted to [it] him which has not been introduced in the legislature without the consent of the requester.
2. Any person who knowingly disseminates such information in violation of this section is guilty of a misdemeanor.
Sec. 9. NRS 218.2754 is hereby amended to read as follows:
218.2754 1. The summary of each bill or joint resolution 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,] must include the statement:
κ1979 Statutes of Nevada, Page 391 (CHAPTER 276, SB 55)κ
Note: No, Fiscal Note: Executive Budget, Fiscal Note: Appropriation Contained Herein or Fiscal Note: Effect less than $2,000,] must include the statement:
(a) Fiscal Note: Effect on Local Government: Yes,
Fiscal Note: Effect on Local Government: No, or
Fiscal Note: Effect on Local Government: Contains Appropriation,
whichever is appropriate; and
(b) Effect on the State or on Industrial Insurance: Yes,
Effect on the State or on Industrial Insurance: No,
Effect on the State or on Industrial Insurance: Contains Appropriation,
Effect on the State or on Industrial Insurance: Executive Budget, or
Effect on the State or on Industrial Insurance: Effect less than $2,000,
whichever is appropriate.
2. The legislative counsel shall consult the fiscal analysis division to secure the appropriate information for [bill] summaries [.] of bills and joint resolutions.
Sec. 10. NRS 218.2755 is hereby amended to read as follows:
218.2755 1. After a bill or joint resolution has been drafted, the 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 fiscal analysis division shall promptly determine the agency to which the bill or joint resolution should be submitted and shall submit it for a fiscal note. If the requester is a legislator and desires to introduce the bill or joint resolution without a fiscal note, he may do so, but when the bill is introduced, the fiscal analysis division shall promptly determine the agency to which the bill or joint resolution 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 fiscal analysis division.
Sec. 11. NRS 218.2756 is hereby amended to read as follows:
218.2756 1. If the fiscal note is obtained before the bill or joint resolution is introduced the fiscal analysis division shall submit a copy of the note to the requester. If the requester desires to introduce the bill [,] or joint resolution the legislative counsel shall attach a duplicate copy of the note to the bill or joint resolution and shall prepare the bill or joint resolution for introduction. The original, signed copy of the note [shall] must be retained by the fiscal analysis division to be used as printers copy after the bill or joint resolution is introduced.
2. If the fiscal note is obtained after the bill or joint resolution has been introduced, the fiscal analysis division shall forward a duplicate copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the original, signed copy to the superintendent of the state printing and records division of the department of general services for the purposes of printing.
3. The triplicate copy of the fiscal note [shall] must be retained by the fiscal analysis division.
κ1979 Statutes of Nevada, Page 392 (CHAPTER 276, SB 55)κ
4. The fiscal analysis division shall send a copy of the fiscal note to the chairman of the standing committee or committees to which the bill or joint resolution has been referred.
Sec. 12. NRS 218.2757 is hereby amended to read as follows:
218.2757 All fiscal notes of bills or joint resolutions that have been introduced [shall] must be printed together, separate from the bills [,] or joint resolutions, in the order of introduction in the assembly and the senate.
Sec. 13. NRS 218.2758 is hereby amended to read as follows:
218.2758 Any legislator may at any time while a bill or joint resolution is before his house raise the issue that [such bill] the bill or joint resolution requires a fiscal note, and if the presiding officer determines that the bill [requires] or joint resolution does require a note, he shall request the fiscal analysis division to obtain the note before further action is taken.
Sec. 14. This act shall become effective upon passage and approval.
________
Senate Bill No. 89Senators Close, Wilson and Raggio
CHAPTER 277
AN ACT relating to judgments; specifying when sums may be paid directly to parents or must be paid to appointed guardians upon judgments entered or compromises approved in favor of minors; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 17 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever a judgment for a sum of money is entered in favor of a minor for whom no guardian has been appointed, or a court approves a compromise of a claim of such a minor:
1. If the sum is less than $2,500, exclusive of costs and attorneys fees, the court may make it payable directly to the parents of the minor or the parent having custody of the minor.
2. If the sum is $2,500 or more, exclusive of costs and attorneys fees, the court shall make it payable to a guardian appointed for the minor.
________
κ1979 Statutes of Nevada, Page 393κ
Senate Bill No. 102Committee on Judiciary
CHAPTER 278
AN ACT relating to disqualification of judges; providing that a judge sought to be disqualified must be served with a copy of the affidavit for disqualification; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 1.235 is hereby amended to read as follows:
1.235 1. Except to the extent otherwise permitted in a civil action by this chapter, any party to an action or proceeding pending in any court other than the supreme court, who seeks to disqualify a judge for actual or implied bias or prejudice shall file an affidavit specifying the facts upon which the disqualification is sought. The affidavit of a party represented by an attorney must be accompanied by a certificate of the attorney of record that the affidavit is filed in good faith and not interposed for delay. Except as provided in subsection 2, the affidavit must be filed:
(a) Not less than 20 days before the date set for trial or hearing of the case; or
(b) Not less than 3 days before the date set for the hearing of any pretrial matter.
2. Except as provided in this subsection, if a case is not assigned to a judge before the time required under subsection 1 for filing the affidavit, the affidavit must be filed:
(a) Within 3 days after the party or his attorney is notified that the case has been assigned to a judge;
(b) Before the hearing of any pretrial matter; or
(c) Before the jury is empaneled, evidence taken or any ruling made in the trial or hearing,
whichever occurs first. If the facts upon which disqualification of the judge is sought are not known to the party before he is notified of the assignment of the judge or before any pretrial hearing is held, the affidavit may be filed not later than the commencement of the trial or hearing of the case.
3. At the time the affidavit is filed, a copy must be served upon the judge sought to be disqualified. Service must be made by delivering the copy to the judge personally or by leaving it at his chambers with some person of suitable age and discretion employed therein.
4. The judge against whom an affidavit alleging bias or prejudice is filed shall proceed no further with the matter and shall:
(a) Immediately transfer the case to another department of the court, if there is more than one department of the court in the district, or request the judge of another district court to preside at the trial or hearing of the matter; or
(b) File a written answer with the clerk of the court within 2 days after the affidavit is filed, admitting or denying any or all of the allegations contained in the affidavit and setting forth any additional facts which bear on the question of his disqualification.
κ1979 Statutes of Nevada, Page 394 (CHAPTER 278, SB 102)κ
which bear on the question of his disqualification. The question of the judges disqualification must thereupon be heard and determined by another judge agreed upon by the parties or, if they are unable to agree, by a judge appointed:
(1) By the chief judge in judicial districts having more than one judge, or if the chief judge is sought to be disqualified, by the judge having the greatest number of years of service.
(2) By the supreme court in judicial districts having only one judge.
________
Senate Bill No. 114Committee on Judiciary
CHAPTER 279
AN ACT relating to civil actions, permitting actions against political subdivisions and other governmental agencies without naming the members of their governing bodies; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 12 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any political subdivision, public corporation, special district, or other agency of state or local government which is capable of being sued in its own name may be sued by naming it as the party without naming the individual members of its governing body in their representative capacity. In addition to any other method which may be provided by statute or rule of court, service may be made upon the clerk or secretary of the political subdivision, corporation or agency.
________
Senate Bill No. 124Committee on Judiciary
CHAPTER 280
AN ACT relating to corporations; limiting incorporators to natural persons; precluding renewal or reservation of corporate names for a period immediately after reservation expires and changing the period of reservation; increasing certain fees and prescribing a fee; barring certain actions by a corporation until it has filed a list of its directors, officers and resident agent; removing the requirement for certain publications; and providing other matters properly relating thereto.
[Approved May 3, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 78.030 is hereby amended to read as follows:
78.030 1. Any number of natural persons, not less than three, may associate to establish a corporation for the transaction of any lawful business, or to promote or conduct any legitimate object or purpose, under and subject to the requirements of this chapter, by:
κ1979 Statutes of Nevada, Page 395 (CHAPTER 280, SB 124)κ
associate to establish a corporation for the transaction of any lawful business, or to promote or conduct any legitimate object or purpose, under and subject to the requirements of this chapter, by:
(a) Executing, acknowledging and filing in the office of the secretary of state articles of incorporation, or a certificate of incorporation; and
(b) Filing a copy thereof, certified under the hand and official seal of the secretary of state, in the office of the clerk of the county in which the principal place of business of the company is intended to be located. The county clerk may microfilm such copy for filing in his records rather than filing the copy.
2. The articles of incorporation, or certificate of incorporation, [shall] must be as provided in NRS 78.035, and the secretary of state shall require [the same] it to be in the form so prescribed. If any articles or certificates [shall be] are defective in such respect, the secretary of state shall return [the same] them for correction.
Sec. 2. NRS 78.040 is hereby amended to read as follows:
78.040 1. [The] Except as provided in subsection 3, the secretary of state, when requested so to do, shall reserve, for a period of [30] 90 days, the right to use any name available, under subsection 1 of NRS 78.035, for the use of any proposed corporation. During the period, a name so reserved shall not be available for use by any corporation without the consent of the person or persons, firm or corporation at whose request the reservation was made.
2. The use by any corporation of a name in violation of subsection 1 of NRS 78.035 or subsection 1 of this section may be enjoined, notwithstanding the fact that the certificate or articles of incorporation of the corporation may have been filed by the secretary of state.
3. A name which has been reserved as provided in subsection 1 may not be the subject of a renewal or of a reservation by any person, firm or corporation for a period of 90 days after the expiration of the reservation.
Sec. 3. NRS 78.390 is hereby amended to read as follows:
78.390 1. Every amendment adopted pursuant to the provisions of NRS 78.385 shall be made [and effected] in the following manner:
(a) The board of directors shall adopt a resolution setting forth the amendment proposed, declaring its advisability and call a meeting, either annual or special, of the stockholders entitled to vote for the consideration thereof.
(b) At [such] the meeting, of which notice shall be given to each stockholder entitled to vote pursuant to the provisions of this section, [in the manner provided in NRS 78.370,] a vote of the stockholders entitled to vote in person or by proxy shall be taken for and against the proposed amendment. If it appears upon the canvassing of the votes that stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power (or such greater proportion of the outstanding shares as may be required in the case of a vote by classes or series, as [hereinafter] provided [,] in subsections 2 and 4, or as may be required by the provisions of the certificate or articles of incorporation, or an amendment thereof) have voted in favor of the amendment, [thereupon the corporation shall make, by the hands of its] the president, or vice president, and secretary, or assistant secretary, shall execute a certificate [accordingly,] setting forth [such] the amendment, or setting forth the certificate or articles of incorporation as amended, and the vote by which [such] the amendment was adopted, and the president, or vice president, and secretary, or assistant secretary, shall [duly execute and] acknowledge [such] the certificate before an officer authorized by the laws of [this state] the place where the acknowledgment is taken to take acknowledgments of deeds.
κ1979 Statutes of Nevada, Page 396 (CHAPTER 280, SB 124)κ
its] the president, or vice president, and secretary, or assistant secretary, shall execute a certificate [accordingly,] setting forth [such] the amendment, or setting forth the certificate or articles of incorporation as amended, and the vote by which [such] the amendment was adopted, and the president, or vice president, and secretary, or assistant secretary, shall [duly execute and] acknowledge [such] the certificate before an officer authorized by the laws of [this state] the place where the acknowledgment is taken to take acknowledgments of deeds.
(c) The certificate so executed and acknowledged, shall be filed in the office of the secretary of state and upon filing the [same] certificate the articles of incorporation [shall be deemed to be] are amended accordingly. A copy of the certificate, [duly] certified by the secretary of state, shall be filed in the office of the county clerk of the county [wherein] where the corporation maintains its principal office.
2. If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then such amendment must be approved by the vote, in addition to the affirmative vote [herein] otherwise required, of the holders of a majority of the outstanding shares of each class or series [so] affected by the amendment regardless of limitations or restrictions on the voting power thereof.
3. It [shall be] is lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring, in the case of any specified amendments, a larger vote of stockholders than that required by [the foregoing provisions of] this section.
4. Different series of the same class of shares [shall not be deemed to] do not constitute different classes of shares for the purpose of voting by classes except when [such] the series is adversely affected by an amendment in a different manner than other series of the same class.
Sec. 4. NRS 78.395 is hereby amended to read as follows:
78.395 1. [The] If the provisions of NRS 78.150 and 78.160 have been complied with, the board of directors and stockholders of any corporation, when amending any portion of its articles of incorporation pursuant to the provisions of NRS 78.385 and 78.390, may, at the same time, [and] pursuant to the [same] procedure prescribed in NRS 78.390 to effect an amendment of articles, adopt amended articles of incorporation, which [shall:] must:
(a) Be titled amended articles of incorporation.
(b) Set forth in full [each and] every [portion and] provision of the original articles of incorporation as of record in the office of the secretary of state, including the execution and acknowledgment thereof, as amended to date.
(c) State, after each [such portion or] provision of the amended articles, whether or not [the same] it has been amended; and if any [portion or] provision of the articles has been amended it [shall] must be made to read as it was last amended, and the date of the certificate last amending [the same shall] it must be stated.
(d) Include [such portions or provisions of such articles as shall not have ever been] the provisions of the articles which were never amended.
2. Upon the filing with the secretary of state of the certificate of amendment, [provided for in NRS 78.390,] the articles of incorporation [shall be deemed to be] are amended accordingly.
κ1979 Statutes of Nevada, Page 397 (CHAPTER 280, SB 124)κ
amendment, [provided for in NRS 78.390,] the articles of incorporation [shall be deemed to be] are amended accordingly. A copy of such certificate [shall] must be filed with the county clerk of the county in which the original articles of incorporation have been filed.
3. Notice of any meeting of stockholders at which the adoption of the subject amended articles of incorporation is to be considered [shall] must specifically state the purpose to consider the adoption thereof at the meeting.
Sec. 5. NRS 78.486 is hereby amended to read as follows:
78.486 1. If at least 90 percent of the outstanding shares of each class of the stock of a corporation or corporations is owned by another corporation, and one of such corporations is a corporation of this state and the other or others are corporations of this state or are organized under the laws of a jurisdiction whose laws permit such a merger, whether or not such jurisdiction is one of the United States of America, the corporation having such stock ownership may either merge such other corporation or corporations into itself and assume all of its or their obligations, or merge itself, or itself and one or more of such other corporations, into one of such other corporations by filing with the secretary of state a certificate of such ownership and merger, setting forth a copy of the resolution of its board of directors so to merge and the date of the adoption thereof. The certificate [shall] must be signed by its president or a vice president and its secretary or treasurer, and acknowledged by its president or a vice president before an officer, authorized by the laws of [this state] the place where the acknowledgment is taken to take acknowledgments of deeds, to be the act and deed of the parent corporation.
2. If any of the corporations is organized under the laws of a jurisdiction other than one of the United States of America or the District of Columbia, it is a further condition of merger under this section that the surviving corporation be a corporation of this state.
3. If the parent corporation does not own all the outstanding stock of all the subsidiary corporations which are parties to a merger pursuant to this section, the resolution of the board of directors of the parent corporation [shall] must state the terms and conditions of the merger, including the securities, cash or other property to be issued, paid or delivered by the surviving corporation upon surrender of each share of the subsidiary corporation or corporations not owned by the parent corporation.
4. If the parent corporation is not the surviving corporation, the resolution [shall] must include provision for the pro rata issuance of stock of the surviving corporation to the holders of the stock of the parent corporation on surrender of the certificates therefor, and the certificate of ownership and merger [shall] must state that the proposed merger has been approved by the holders of a majority of the stock of the parent corporation at a meeting of its stockholders [duly] called and held after 20 days notice of the purpose of the meeting mailed to each of its stockholders at his address as it appears on the records of the corporation.
Sec. 6. NRS 78.580 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 398 (CHAPTER 280, SB 124)κ
78.580 1. [If it should be deemed desirable, in the judgment of the board of directors, and most for the benefit of any corporation organized under this chapter, that it] If the board of directors of any corporation organized under this chapter decides that the corporation should be dissolved, the board may adopt a resolution to that effect and call a meeting of the stockholders having voting power to take action upon the resolution. [so adopted.]
2. The meeting of the stockholders [shall] must be held upon due notice. [and if] If at the meeting or any adjournment thereof the holders of stock entitled to exercise a majority of all the voting power [shall by resolution consent that] consent by resolution to the dissolution, [shall take place,] a copy of the resolution, together with a list of the names and residences of the directors and officers, certified by the president, or a vice president, and the secretary, or an assistant secretary, and the treasurer, or an assistant treasurer, [shall] must be filed in the office of the secretary of state. The secretary of state, upon being satisfied that [the] these requirements [aforesaid] have been complied with [,] and that the corporate charter has not been revoked, shall issue a certificate that the corporation is dissolved.
Sec. 7. 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, is $5.
2. The fee for filing a designation of resident agent, other than as provided in NRS 78.160, is $5.
3. The fee for certifying articles of incorporation where a copy is provided is $5.
4. The fee for certifying a copy of amendment to articles of incorporation, or to a copy of the articles as amended where a copy is furnished, is $5.
5. The fee for certifying an authorized printed copy of the general corporation law as compiled by the secretary of state is $5.
6. The fee for certifying the reservation of a corporate name is [$2.] $5.
7. The fee for executing any certificate not provided for in NRS 78.760 to 78.785, inclusive, is [$5.] $10.
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 before certifying, is 20 cents for each folio of 100 words of each document or paper compared.
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 is $1 per photostatic page where the page does not exceed 8 1/2 by 14 inches. For photostatic pages of larger size, the secretary of state may charge the fee which he determines to be reasonable.
Sec. 8. 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 file: [in]
κ1979 Statutes of Nevada, Page 399 (CHAPTER 280, SB 124)κ
country, which enters this state for the purpose of doing business therein, shall file: [in]
(a) In the office of the secretary of state of Nevada:
[(a)] (1) 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.
[(b)] (2) A statement executed by an officer of the corporation, [duly] acknowledged before an officer authorized by the laws of [this state] the place where the acknowledgment is taken to take acknowledgments of deeds; setting forth:
[(1)] (I) 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)] (II) As of a date not earlier than 6 months [prior to] before 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)] (III) A general description of the purposes of the corporation.
(b) In the office of the county clerk of the county where the corporation has its principal office in Nevada, a copy of the certificate of corporate existence certified by the secretary of state.
2. The secretary of state shall not file the 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, unless the written acknowledged consent of [such] that other corporation or person for whom [such] the name is reserved to the adoption of [such] the name is filed with the documents.
Sec. 9. NRS 80.030 is hereby amended to read as follows:
80.030 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 copy of the document certified by an authorized officer of the place of its creation, or 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 copy of the agreement of merger filed in the place of its creation, certified by an authorized officer of the place of its creation, or 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.
κ1979 Statutes of Nevada, Page 400 (CHAPTER 280, SB 124)κ
state or country in which it is incorporated, it shall, within 30 days after the merger becomes effective, file a copy of the agreement of merger filed in the place of its creation, certified by an authorized officer of the place of its creation, or 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. 10. NRS 80.110 is hereby amended to read as follows:
80.110 1. 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, certified by the president, secretary or other officer of the corporation.
2. Upon filing the [amendments,] list and designation, the corporation shall pay to the secretary of state a fee of $20.
3. The secretary of state shall, 30 days [prior to] before 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 become delinquent, the blank forms to be filed with the secretary of state. Failure of any corporation to receive the forms [will] does not excuse [such] the corporation from the penalty imposed by the provisions of NRS 80.110 to 80.180, inclusive.
Sec. 11. NRS 80.160 is hereby amended to read as follows:
80.160 1. On or before October 15 of each year, the secretary of state shall compile a complete list of all defaulting corporations, together with the amount of the filing fee, penalties and costs remaining unpaid.
2. [The secretary of state shall cause such list to be published five times in the week prior to the 1st Monday in November following, in a newspaper published in Carson City, Nevada, and shall append to such list, and publish therewith, a notice to the effect:
(a) That unless the filing fee owing by such corporation, together with the penalties and all costs, is paid to the secretary of state, on or before 12 m. of the 1st Monday in March following, such defaulting corporation shall forfeit the amount of the tax and penalty and costs to the State of Nevada, and shall also forfeit its right to carry on business within the state; and
(b) That if the right of any corporation to carry on business in this state is annulled pursuant to the provisions of this section and remains annulled for a period of 10 consecutive years, it may not be reinstated.
3.] Immediately after the 1st Monday in March the secretary of state shall compile a full and complete list containing the names of all corporations whose right to do business has been annulled. The secretary of state shall forthwith notify the several county clerks in whose offices the defaulting corporations have copies of their articles of incorporation and other amendatory, supplemental and related instruments, filed or microfilmed as required by this chapter, of the annulment of the corporations rights to do business and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its right to do business in this state. In case of a reinstatement, [as provided