[Rev. 2/28/2019 12:31:21 PM]
κ1979 Statutes of Nevada, Page 401 (CHAPTER 280, SB 124)κ
in NRS 80.170,] the secretary of state shall also notify immediately the county clerks of [such] the fact.
[4.] 3. In case a foreign corporation makes default as herein provided, the secretary of state shall issue his warrant stating the amount of the filing fee, penalty and costs due to the state, and shall deliver the warrant to any sheriff of any county of this state who may seize and sell any property of a foreign corporation as upon execution and apply the proceeds to the payment of the filing fee, penalty, costs and accruing costs. Any balance remaining after [such] the sale shall by the sheriff be paid to the secretary of state, who shall return the same to the corporation whose property was sold. No more than sufficient property to pay the filing fee, penalty and costs shall be seized and sold.
Sec. 12. NRS 89.090 is hereby amended to read as follows:
89.090 1. A professional corporation shall, on or before July 1 of each year, furnish a statement to the secretary of state showing the names and residence addresses of all stockholders, directors, officers and employees in such corporation and shall certify that all stockholders, directors, officers and employees are [duly] licensed or otherwise legally authorized to render professional service in this state. The statement [shall] must be made on a form prescribed by the secretary of state, but [shall contain no] must not contain any fiscal or other information except that expressly called for by this section. The statement [shall] must be signed by the president or vice president of the corporation and acknowledged before a notary public by the person signing the statement. [, and such statement shall be] The statement is in lieu of the regular annual report of corporations otherwise required by chapter 78 of NRS.
2. Upon filing the statement, the professional corporation shall pay to the secretary of state a fee of $20.
Sec. 13. NRS 645A.220 is hereby amended to read as follows:
645A.220 It is unlawful for any foreign corporation to transact any escrow business in this state unless [:] it:
1. [A valid certificate of authority pursuant to chapter 80 of NRS is obtained; and
2. The corporation complies] Qualifies under chapter 80 of NRS; and
2. Complies with the provisions of this chapter unless exempted by NRS 645A.190.
Sec. 14. Section 4 of chapter 123, Statutes of Nevada 1979, at page 186, is hereby amended to read as follows:
Sec. 4. NRS 80.110 is hereby amended to read as follows:
80.110 1. [Each] Beginning on January 1, 1981, each foreign corporation doing business in this state shall, on or before [July 1 of] the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the corporation.
κ1979 Statutes of Nevada, Page 402 (CHAPTER 280, SB 124)κ
2. Upon filing the list and designation, the corporation shall pay to the secretary of state a fee of $20.
3. The secretary of state shall, [30 days before July 1 of each year,] 60 days before the last day for filing the list required by subsection 1, cause to be mailed to [all corporations] each corporation required to comply with the provisions of NRS 80.110 to 80.180, inclusive, and which [have] has not become delinquent, the blank forms to be filed with the secretary of state. Failure of any corporation to receive the forms does not excuse the corporation from the penalty imposed by the provisions of NRS 80.110 to 80.180, inclusive.
Sec. 15. Section 6 of chapter 123, Statutes of Nevada 1979, at page 187, is hereby amended to read as follows:
Sec. 6. NRS 80.160 is hereby amended to read as follows:
80.160 1. On or before [October 15 of each year,] the 15th day of the 3rd month following the month in which filing was required, 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. Immediately after the 1st [Monday in March] day of the 9th month following the month in which filing was required, 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 reinstatement, the secretary of state shall also notify immediately the county clerks of the fact.
3. In case a foreign corporation makes default as herein provided, the secretary of state shall issue his warrant stating the amount of the filing fee, penalty and costs due to the state, and shall deliver the warrant to any sheriff of any county of this state who may seize and sell any property of a foreign corporation as upon execution and apply the proceeds to the payment of the filing fee, penalty, costs and accruing costs. Any balance remaining after the sale shall by the sheriff be paid to the secretary of state, who shall return the same to the corporation whose property was sold. No more than sufficient property to pay the filing fee, penalty and costs shall be seized and sold.
Sec. 16. Section 7 of chapter 123, Statutes of Nevada 1979, at page 187, is hereby amended to read as follows:
Sec. 7. NRS 89.090 is hereby amended to read as follows:
89.090 1. [A] Beginning on January 1, 1981, each professional corporation shall, on or before [July 1 of] the last day of the month in which the anniversary date of its incorporation occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all stockholders, directors, officers and employees in such corporation and shall certify that all stockholders, directors, officers and employees are licensed or otherwise legally authorized to render professional service in this state.
κ1979 Statutes of Nevada, Page 403 (CHAPTER 280, SB 124)κ
month in which the anniversary date of its incorporation occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all stockholders, directors, officers and employees in such corporation and shall certify that all stockholders, directors, officers and employees are licensed or otherwise legally authorized to render professional service in this state. The statement must be made on a form prescribed by the secretary of state, but must not contain any fiscal or other information except that expressly called for by this section. The statement must be signed by the president or vice president of the corporation and acknowledged before a notary public by the person signing the statement. The statement is in lieu of the regular annual report of corporations otherwise required by chapter 78 of NRS.
2. Upon filing the statement, the professional corporation shall pay to the secretary of state a fee of $20.
________
Senate Bill No. 128Committee on Government Affairs
CHAPTER 281
AN ACT relating to elections; providing for the nomination of independent candidates for President and Vice President of the United States and selection of their electors; designating the proper courts to determine challenges to independent candidates generally; increasing the number of signatures to qualify a presidential nominee for a partisan primary ballot; 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 293.200 is hereby amended to read as follows:
293.200 1. Independent candidates for partisan office shall qualify by filing with the proper filing officer a certificate of candidacy signed by a number of registered voters equal to at least 5 percent of the total number of ballots cast in the state or in the county, district or municipality electing such officer at the last preceding general election. The certificate may consist of more than one document.
2. Each signer shall add to his signature the address of the place at which he actually resides and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. One of the signers of each such certificate shall sign an affidavit attesting that the signatures on the certificate are genuine to the best of his knowledge and belief.
3. Such certificate of candidacy may state the principle, if any, which the person qualified represents.
4. Certificates of candidacy provided for in this section for officers to be voted for by the registered voters of the entire state or by districts composed of two or more counties shall be filed with the secretary of state and all other such certificates of candidacy shall be filed with the clerk of the county wherein the officers are to be voted for.
κ1979 Statutes of Nevada, Page 404 (CHAPTER 281, SB 128)κ
composed of two or more counties shall be filed with the secretary of state and all other such certificates of candidacy shall be filed with the clerk of the county wherein the officers are to be voted for.
5. Certificates of candidacy provided for in this section shall be filed not earlier than the 2nd Monday in June and not later than 5 p.m. on the last Friday in June.
6. No certificate of candidacy, provided for in this section, may contain the name of more than one candidate for each office to be filled.
7. A person may not file as an independent candidate if he, in fact, is proposing to run as the candidate of a political party whose name includes the word independent.
8. The names of independent candidates shall be placed on the general election ballot and shall not appear on the primary election ballot.
9. If the candidacy of any person seeking to qualify under this section is challenged, all affidavits and documents in support of such challenge shall be filed not later than 5 p.m. on the 3rd Wednesday in July. Any court proceeding resulting from such challenge shall be set for hearing not less than 5 days and not more than 10 days after the 3rd Wednesday in July.
10. Any challenge pursuant to subsection 9 shall be filed with:
(a) [The supreme court] The district court for Carson City if the certificate of candidacy was filed with the secretary of state.
(b) The district court [of] for the county where the certificate of candidacy was filed if the certificate was filed with a county clerk.
Sec. 2. Chapter 298 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. A person who desires to be an independent candidate for the office of President of the United States must, not later than 5 p.m. on September 1 in each year in which a presidential election is to be held, file with the secretary of state a certificate of candidacy, in which he may also designate his nominee for Vice President. If September 1 falls on a Saturday, Sunday or legal holiday, the certificate must be filed not later than 5 p.m. on the preceding Friday or business day. The certificate must be signed by the candidate for President, his nominee for Vice President if designated, and by a number of registered voters equal to not less than 5 percent of the entire number of votes cast at the last preceding general election for Representative in Congress, declaring that they support the candidacy of the designated candidate for President, and his nominee for Vice President if one is designated in the certificate, and requesting that the names of the proposed candidates be placed on the ballot at the general election that year.
2. The certificate may consist of more than one document and each person signing shall add to his signature the address of the place at which he then resides and the name of the county wherein he is registered to vote. Each certificate must also contain the affirmation of at least one of the signers that all signatures thereon are genuine to the best of his knowledge and belief.
3. Each independent candidate so nominated for the office of President shall at the time of filing his certificate as provided in subsection 1, or within 10 days thereafter, file with the secretary of state his written designation of the names of the number of presidential electors then authorized by law, whom the independent candidate desires to act as his electors, all of whom must then be registered voters.
κ1979 Statutes of Nevada, Page 405 (CHAPTER 281, SB 128)κ
or within 10 days thereafter, file with the secretary of state his written designation of the names of the number of presidential electors then authorized by law, whom the independent candidate desires to act as his electors, all of whom must then be registered voters. Immediately following receipt of each candidates written designation of his nominees for electors, the secretary of state shall record them in his office as the nominees for Presidential electors of that independent candidate.
Sec. 4. Presidential electors are not nominated at the primary election or placed upon the general election ballot, but the nominees of the presidential candidates who receive the highest number of votes at the general election thereby become the official presidential electors, and they shall perform the duties of such electors as required by law and the Constitution of the United States.
Sec. 5. NRS 298.020 is hereby amended to read as follows:
298.020 [1] Each political party in this state, qualified by law to place upon the general election ballot candidates for the office of President and Vice President of the United States in the year when they are to be elected, shall, at the state convention of the political party held in that year, choose from the qualified electors, who are legally registered members of such political party, the number of presidential electors required by law and no more, who shall be nominated by the delegates at the state convention. Upon the nomination thereof, the chairman and the secretary of the convention shall certify the names and addresses of such nominees to the secretary of state, who shall record the names in his office as the [presidential elector] nominees of that political party [.] for presidential elector.
[2. No presidential electors shall be nominated at the primary election. The names of the presidential elector nominees chosen at the state convention, as provided in subsection 1, shall not be placed upon the general election ballot, but the presidential elector nominees of the political party whose candidates for President and Vice President of the United States receive the highest number of votes shall be deemed the elected presidential electors and thereafter they shall perform the duties of presidential electors required by law and the Constitution of the United States.
3. The secretary of state shall give notice to each state convention of the qualified political parties of the required nomination and election of presidential electors provided in this section.]
Sec. 6. NRS 298.105 is hereby amended to read as follows:
298.105 1. Each registered voter may vote on the official presidential preference primary ballot for one person to be the candidate for nomination by his party for President of the United States.
2. The name of any candidate for a political party nomination for President of the United States shall be printed on the ballots only:
(a) If the secretary of state has determined in his [sole] discretion that the persons candidacy is generally advocated or recognized in national news media throughout the United States; or
(b) If a petition for nomination meeting the requirements of subsection 3 of this section is presented by members of the political party to which the candidate belongs.
κ1979 Statutes of Nevada, Page 406 (CHAPTER 281, SB 128)κ
3. The petition referred to in paragraph (b) of subsection 2 [shall:] must:
(a) Have attached thereto a sheet or sheets containing the signatures of a number of registered voters [at least equal to 1] equal to not less than 5 percent of the number of votes cast [in the state for candidates of such political party for presidential electors at the last general election;] at the last preceding general election for Representative in Congress;
(b) Contain on each signature sheet the residence address and name or number of the precinct of each registered voter whose signature appears thereon;
(c) Have affixed to each signature sheet an affidavit by one of the signers of such sheet to the effect that all of the signatures on such sheet are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence; and
(d) Be filed with the secretary of state not later than the 30th day prior to the presidential preference primary.
________
Senate Bill No. 224Committee on Finance
CHAPTER 282
AN ACT making an appropriation from the state general fund to the department of parole and probation for the employment of additional personnel; 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. There is hereby appropriated from the state general fund to the department of parole and probation the sum of $63,424 for the employment of additional personnel.
Sec. 2. After June 30, 1980, 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 407κ
Senate Bill No. 258Committee on Finance
CHAPTER 283
AN ACT relating to public employees retirement; extending certain temporary increases and providing additional temporary increases; 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. Section 1 of chapter 465, Statutes of Nevada 1977, at page 926, is hereby amended to read as follows:
Section 1. 1. In addition to the other post-retirement allowances and increases provided by law, the public employees retirement system shall provide a monthly post-retirement increase during the period beginning on July 1, 1977, and ending on June 30, [1979,] 1981, as follows:
Base Benefit Monthly Increase
$0 — $100 $20
101 — 200 15
201 — 300 10
301 — 500 5
501 and above 3
This benefit shall be paid only to a person who began receiving benefits before January 1, 1977, or to his designated beneficiary upon his death.
2. A single post-retirement increase pursuant to this section [shall] must be [provided and] prorated [between or] among two or more recipients of [survivor benefits] benefits for survivors on behalf of one deceased member.
Sec. 2. In addition to other post-retirement allowances or benefits provided by law, and subject to the limitation provided in section 4 of this act, the public employees retirement system shall, if money is provided for this purpose from a source other than the public employees retirement fund or the police and firemens retirement fund, provide a post-retirement increase to each eligible person, based upon:
1. The number of years he has received a retirement allowance or in the case of a beneficiary of a retired employee, the number of years an allowance or benefits have been received since the retired employees effective date of retirement; and
2. The amount of his cumulative allowance or benefit computed as of the dates on which these increases are payable.
Sec. 3. The increases provided in section 2 are payable on July 1, 1979, and July 1, 1980, as follows:
κ1979 Statutes of Nevada, Page 408 (CHAPTER 283, SB 258)κ
Number of Years Receiving Increase in Cumulative
Allowance or Benefit Allowance or Benefit
5 years or more 5 percent
4 years 4.5 percent
3 years 4 percent
2 years 3.5 percent
1 year 3 percent
Sec. 4. These percentage increases are payable only if they do not exceed the percentage increase in the All Items Consumer Price Index for the preceding calendar year. If the percentage increase in the index for the preceding year is less than any percentage increase described in section 3, the latter increase must be reduced to the former.
Sec. 5. A person is eligible to receive the increase provided in section 2 of this act if he is:
1. A retired employee receiving a retirement allowance;
2. A survivor of a deceased member who is receiving a benefit; or
3. A beneficiary of a deceased retired employee who is receiving a benefit.
Sec. 6. The percentage increase payable to each beneficiary is based on the effective retirement date of the retired employee from whom that beneficiarys eligibility is derived, and:
1. The amount of his cumulative benefits on the payment dates if the retired employee had selected options 2 or 4; or
2. One-half of his cumulative benefits on the payment dates if the retired employee had selected options 3 or 5.
________
Senate Bill No. 353Senator Don Ashworth
CHAPTER 284
AN ACT relating to the administration of trusts; providing that a trustee has the power to sell, convey or encumber property to which he has title; 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 164 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When title to real or personal property is taken in the name of a trustee, the trustee has the power to sell, convey or encumber that property unless the deed or conveyance to the trustee specifically limits his power to do so.
2. This section applies to property acquired by a trustee on or after July 1, 1979.
________
κ1979 Statutes of Nevada, Page 409κ
Senate Bill No. 372Committee on Finance
CHAPTER 285
AN ACT making an appropriation from the state general fund to the reserve for statutory contingency fund; 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. There is hereby appropriated from the state general fund to the reserve for statutory contingency fund created pursuant to NRS 353.264 the sum of $1,921,359.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 616Committee on Taxation
CHAPTER 286
AN ACT relating to taxation; providing for an election concerning the Sales and Use Tax Act and contingently amending other statutes; and providing other matters properly relating thereto.
[Approved May 4, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1 to Sec. 29, inclusive. (Deleted by amendment.)
Sec. 30. At a special election on June 5, 1979, a proposal shall be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the Nevada legislature, approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 31. As long in advance of the special election as is practicable, the secretary of state shall issue a proclamation giving notice of the special election. The proclamation must be in substantially the following form:
PROCLAMATION OF A SPECIAL ELECTION
Notice is hereby given that on Tuesday, June 5, 1979, a special election will be held for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto, approved March 29, 1955, as amended.
κ1979 Statutes of Nevada, Page 410 (CHAPTER 286, AB 616)κ
THE PEOPLE OF THE STATE OF NEVADA
DO ENACT AS FOLLOWS:
Section 1. The above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 56.2, which shall immediately follow section 56.1 and shall read as follows:
Section 56.2. 1. There are exempted from the taxes imposed by this act the gross receipts from sales and the storage, use or other consumption of food for human consumption.
2. Food for human consumption does not include:
(a) Alcoholic beverages.
(b) Pet foods.
(c) Tonics and vitamins.
(d) Prepared food intended for immediate consumption.
Sec. 2. Sections 22 to 33, inclusive, 39 to 47.1, inclusive, and 68 to 153.2, inclusive, of the above-entitled act, being chapter 397, Statutes of Nevada 1955, as amended, are hereby repealed.
Sec. 3. This act shall become effective on July 1, 1979. Section 1 of this act expires by limitation on June 30, 1981, if before that date the constitution of the State of Nevada is amended to limit the amount of general (ad valorem) taxes on real property to $1 for each $100 of full cash value, or to any lesser amount.
Sec. 32. 1. As far in advance of the special election as is practicable, the secretary of state shall prepare and transmit by mail to the county clerk of each county in this state a sufficient number of certified copies of the proclamation of the special election for the county clerk to carry out the duties imposed upon him by the provisions of this act.
2. Not less than 10 days before the date of the special election, each county clerk shall cause one certified copy of the proclamation of the special election to be posted within the county outside of incorporated cities.
Sec. 33. Registration of qualified electors to vote in the special election closes at 9 p.m. on Saturday, May 5, 1979.
Sec. 34. Each county shall bear the cost of any paper for ballots which must be purchased and for the printing of ballots for the special election.
Sec. 35. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to exempt certain foods and restore administration of the tax to legislative control?
YES........................ NO.........................
Sec. 36. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same exemptions.
κ1979 Statutes of Nevada, Page 411 (CHAPTER 286, AB 616)κ
will be amended to provide the same exemptions. All of these exemptions will automatically expire on June 30, 1981, if the constitutional limit on real property taxes is reduced before that date to 1 percent of full cash value or less.
Sec. 37. The board of county commissioners in each county shall convene not less than 3 days after the county clerk has received the returns of the special election and shall forthwith canvass the returns.
Sec. 38. 1. On June 20, 1979, the justices of the supreme court, or a majority of them, shall meet with the secretary of state, and shall open and canvass the vote for and against the question and shall forthwith declare the results.
2. If a majority of the votes cast on the question is yes, the amendments to the Sales and Use Tax Act of 1955 shall become effective on July 1, 1979. If a majority of the votes cast on the question is no, the proposed amendments to the Sales and Use Tax Act of 1955 do not become effective.
Sec. 39. All general election laws not inconsistent with this act apply to the special election required by this act to the extent they can be made applicable.
Sec. 40. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act, or in the other proceedings by the officers thereof under which the special election is held may not be so construed as to invalidate the adoption of the act by a majority of the registered voters voting on the question, if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the amendments were adopted or rejected by a majority of the registered voters.
Sec. 41. 1. There is hereby appropriated from the state general fund to the secretary of state the sum of $2,000 for the payment of the necessary costs incurred by the secretary of state in carrying out the provisions of this act.
2. There is hereby appropriated from the state general fund the sum of $268,400 to be used to pay the counties of this state for the actual costs of conducting the special election. The money appropriated by this subsection is allocated as follows:
County Amount
Carson City................................................................................................. $30,600
Churchill...................................................................................................... 9,000
Clark............................................................................................................. 80,000
Douglas....................................................................................................... 20,000
Elko............................................................................................................... 13,000
Esmeralda.................................................................................................... 5,000
Eureka.......................................................................................................... 6,400
Humboldt..................................................................................................... 11,000
Lander.......................................................................................................... 6,200
Lincoln......................................................................................................... 6,400
Lyon............................................................................................................. 9,000
Mineral......................................................................................................... 15,000
Nye............................................................................................................... 8,800
κ1979 Statutes of Nevada, Page 412 (CHAPTER 286, AB 616)κ
County Amount
Pershing....................................................................................................... 6,000
Storey........................................................................................................... 3,000
Washoe....................................................................................................... 30,000
White Pine................................................................................................... 9,000
3. Immediately after it ascertains the cost of the special election incurred by the county, each board of county commissioners shall certify the amount to the state board of examiners by a claim. The board of examiners shall approve each claim for the amount of the actual costs incurred by the county or for the amount of money allocated to the county in subsection 2, whichever is the lesser. Claims must be paid as other claims against the state are paid. Any costs incurred by a county which are in excess of the amount allocated to that county in subsection 2 must be paid by the county.
4. Any money appropriated by this section which remains unexpended on September 1, 1979, reverts to the state general fund on that date.
Sec. 42. Chapter 372 of NRS is hereby amended by adding thereto the provisions set forth as sections 43 to 154, inclusive, of this act.
Sec. 43. 372.120 Separate display of tax from list, other price. The department may by regulation provide that the amount collected by the retailer from the consumer in reimbursement of the tax be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sales check or other proof of sale.
Sec. 44. 372.125 Application for permit: Form; contents.
1. Every person desiring to engage in or conduct business as a seller within this state must file with the department an application for a permit for each place of business.
2. Every application for a permit must:
(a) Be made upon a form prescribed by the department.
(b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business.
(c) Set forth other information which the department may require.
3. The application must be signed by the owner if he is a natural person; in the case of an association or partnership, by a member or partner; in the case of a corporation, by an executive officer or some person specifically authorized by the corporation to sign the application, to which must be attached the written evidence of his authority.
Sec. 45. 372.130 Permit fee. At the time of making an application, the applicant must pay to the department a permit fee of $1 for each permit.
Sec. 46. 372.135 Issuance and display of permit; assignability. After compliance with sections 44, 45 and 97 of this act by the applicant, the department shall grant and issue to each applicant a separate permit for each place of business within the state. A permit is not assignable, and is valid only for the person in whose name it is issued and for the transaction of business at the place designated on it. It must at all times be conspicuously displayed at the place for which issued.
κ1979 Statutes of Nevada, Page 413 (CHAPTER 286, AB 616)κ
Sec. 47. 372.140 Reinstatement fee for suspended, revoked permit. A seller whose permit has been previously suspended or revoked must pay the department a fee of $1 for the renewal or issuance of a permit.
Sec. 48. 372.145 Revocation, suspension of a permit: Procedure.
1. Whenever any person fails to comply with any provision of this chapter relating to the sales tax or any regulation of the department relating to the sales tax prescribed and adopted under this chapter, the department, upon hearing, after giving the person 10 days notice in writing specifying the time and place of hearing and requiring him to show cause why his permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person.
2. The department shall give to the person written notice of the suspension or revocation of any of his permits.
3. The notices may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
4. The department may not issue a new permit after the revocation of a permit unless it is satisfied that the former holder of the permit will comply with the provisions of this chapter relating to the sales tax and the regulations of the department.
Sec. 49. 372.150 Engaging in business as seller without permit unlawful. A person who engages in business as a seller in this state without a permit or permits or after a permit has been suspended, and each officer of any corporation which so engages in business, is guilty of a misdemeanor.
Sec. 50. 372.155 Presumption of taxability; resale certificate. For the purpose of the proper administration of this chapter and to prevent evasion of the sales tax it is presumed that all gross receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless he takes from the purchaser a certificate to the effect that the property is purchased for resale.
Sec. 51. 372.160 Effect of resale certificate. A resale certificate relieves the seller from the burden of proof only if taken in good faith from a person who is engaged in the business of selling tangible personal property and who holds the permit provided for in sections 44 to 55, inclusive, of this act and who, at the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
Sec. 52. 372.165 Form and contents of resale certificate.
1. The certificate must:
(a) Be signed by and bear the name and address of the purchaser.
(b) Indicate the number of the permit issued to the purchaser.
(c) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business.
2. The certificate must be substantially in such form as the department may prescribe.
Sec. 53. 372.170 Liability of purchaser giving resale certificate. If a purchaser who gives a certificate makes any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business, the use is taxable to the purchaser as of the time the property is first so used by him, and the sales price of the property to him is the measure of the tax.
κ1979 Statutes of Nevada, Page 414 (CHAPTER 286, AB 616)κ
a purchaser who gives a certificate makes any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business, the use is taxable to the purchaser as of the time the property is first so used by him, and the sales price of the property to him is the measure of the tax. Only when there is an unsatisfied use tax liability on this basis is the seller liable for sales tax with respect to the sale of the property to the purchaser. If the sole use of the property other than retention, demonstration or display in the regular course of business is the rental of the property while holding it for sale, the purchaser may elect to include in his gross receipts the amount of the rental charged rather than the sales price of the property to him.
Sec. 54. 372.175 Improper use of resale certificate; penalty. Any person who gives a resale certificate for property which he knows at the time of purchase is not to be resold by him in the regular course of business for the purpose of evading payment to the seller of the amount of the tax applicable to the transaction is guilty of a misdemeanor.
Sec. 55. 372.180 Resale certificate: Commingled fungible goods. If a purchaser gives a certificate with respect to the purchase of fungible goods and thereafter commingles these goods with other fungible goods not so purchased but of such similarity that the identity of the constituent goods in the commingled mass cannot be determined, sales from the mass of commingled goods shall be deemed to be sales of the goods so purchased until a quantity of commingled goods equal to the quantity of purchased goods so commingled has been sold.
Sec. 56. 372.210 Separate display of tax from list, other price. The tax required to be collected by the retailer from the purchaser must be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sales check or other proof of sales.
Sec. 57. 372.215 Unlawful acts. Any person who violates section 36 or 38 of the Sales and Use Tax Act or section 56 of this act is guilty of a misdemeanor.
Sec. 58. 372.220 Registration of retailers. Every retailer who sells tangible personal property for storage, use or other consumption in this state shall register with the department and give:
1. The name and address of all agents operating in this state.
2. The location of all distribution or sales houses or offices or other places of business in this state.
3. Such other information as the department may require.
Sec. 59. 372.225 Presumption of purchase for use; resale certificate. For the purpose of the proper administration of this chapter and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property sold by any person for delivery in this state is sold for storage, use or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless he takes from the purchaser a certificate to the effect that the property is purchased for resale.
Sec. 60. 372.230 Effect of resale certificate. A resale certificate relieves the person selling the property from the burden of proof only if taken in good faith from a person who is engaged in the business of selling tangible personal property and who holds the permit provided for by sections 44 to 55, inclusive, of this act and who, at the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
κ1979 Statutes of Nevada, Page 415 (CHAPTER 286, AB 616)κ
selling tangible personal property and who holds the permit provided for by sections 44 to 55, inclusive, of this act and who, at the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
Sec. 61. 372.235 Form and contents of resale certificate.
1. The certificate must:
(a) Be signed and bear the name and address of the purchaser.
(b) Indicate the number of the permit issued to the purchaser.
(c) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business.
2. The certificate must be substantially in such form as the department may prescribe.
Sec. 62. 372.240 Liability of purchaser giving resale certificate: Use of article bought for resale. If a purchaser who gives a certificate makes any storage or use of the property other than retention, demonstration or display while holding it for sale in the regular course of business, the storage or use is taxable as of the time the property is first so stored or used. If the sole use of the property, other than retention, demonstration or display in the regular course of business, is the rental of the property while holding it for sale, the purchaser may elect to pay the tax on the use measured by the amount of the rental charged rather than the sales price of the property to him.
Sec. 63. 372.245 Resale certificate: Commingled fungible goods. If a purchaser gives a certificate with respect to the purchase of fungible goods and thereafter commingles these goods with other fungible goods not so purchased but of such similarity that the identity of the constituent goods in the commingled mass cannot be determined, sales from the mass of commingled goods shall be deemed to be sales of the goods so purchased until a quantity of commingled goods equal to the quantity of purchased goods so commingled has been sold.
Sec. 64. 372.250 Presumption of purchase from retailer. It is presumed that tangible personal property shipped or brought to this state by the purchaser on or after July 1, 1979, was purchased from a retailer on or after July 1, 1979, for storage, use or other consumption in this state.
Sec. 65. 372.255 Presumption of use: Out-of-state delivery.
1. On and after July 1, 1979, it is presumed that tangible personal property delivered outside this state to a purchaser known by the retailer to be a resident of this state was purchased from a retailer for storage, use or other consumption in this state and stored, used or otherwise consumed in this state.
2. This presumption may be controverted by:
(a) A statement in writing, signed by the purchaser or his authorized representative, and retained by the vendor, that the property was purchased for use at a designated point or points outside this state.
(b) Other evidence satisfactory to the department that the property was not purchased for storage, use or other consumption in this state.
Sec. 66. 372.355 Due date of taxes. The taxes imposed by this chapter are payable to the department quarterly on or before the last day of the month next succeeding each quarterly period.
κ1979 Statutes of Nevada, Page 416 (CHAPTER 286, AB 616)κ
Sec. 67. 372.360 Return: Time for filing; persons required to file; signatures.
1. On or before the last day of the month following each quarterly period of 3 months, a return for the preceding quarterly period must be filed with the department in such form as the department may prescribe.
2. For purposes of the sales tax a return must be filed by each seller. For purposes of the use tax a return must be filed by each retailer maintaining a place of business in the state and by each person purchasing tangible personal property, the storage, use or other consumption of which is subject to the use tax, who has not paid the use tax due to a retailer required to collect the tax.
3. Returns must be signed by the person required to file the return or by his duly authorized agent but need not be verified by oath.
Sec. 68. 372.365 Contents of return.
1. For the purposes of the sales tax, the return must show the gross receipts of the seller during the preceding reporting period. For purposes of the use tax, in case of a return filed by a retailer, the return must show the total sales price of the property sold by him, the storage, use or consumption of which property became subject to the use tax during the preceding reporting period.
2. In case of a return filed by a purchaser, the return must show the total sales price of the property purchased by him, the storage, use or consumption of which became subject to the use tax during the preceding reporting period.
3. The return must also show the amount of the taxes for the period covered by the return and such other information as the department deems necessary for the proper administration of this chapter.
Sec. 69. 372.370 Reimbursement to taxpayer for collection of tax. The taxpayer shall deduct and withhold from the taxes otherwise due from him 2 percent of it to reimburse himself for the cost of collecting the tax.
Sec. 70. 372.375 Delivery of return; remittance. The person required to file the return shall deliver the return together with a remittance of the amount of the tax due to the department.
Sec. 71. 372.380 Return periods: Quarterly periods other than calendar quarters. The department, if it deems it necessary in order to insure payment to or facilitate the collection by the state of the amount of taxes, may require returns and payment of the amount of taxes for quarterly periods other than calendar quarters, depending upon the principal place of business of the seller, retailer or purchaser, as the case may be, or for other than quarterly periods.
Sec. 72. 372.385 Lease and rental receipts: Reporting; payment. For the purposes of the sales tax, gross receipts from rentals or leases of tangible personal property must be reported and the tax paid in accordance with such regulations as the department may prescribe.
Sec. 73. 372.390 Collection of tax: Affixing, cancellation of revenue stamps. The department, if it deems it necessary to insure the collection of the taxes, may provide by regulation for the collection of the taxes by the affixing and canceling of revenue stamps and may prescribe the form and method of the affixing and canceling.
κ1979 Statutes of Nevada, Page 417 (CHAPTER 286, AB 616)κ
Sec. 74. 372.395 Extensions for filing return, payment of tax: Interest.
1. The department for good cause may extend for not to exceed 1 month the time for making any return or paying any amount required to be paid under this chapter.
2. Any person to whom an extension is granted and who pays the tax within the period for which the extension is granted shall pay, in addition to the tax, interest at the rate of 6 percent per annum from the date on which the tax would have been due without the extension until the date of payment.
Sec. 75. 372.400 Recomputation of tax; determination on discontinuance of business.
1. If the department is not satisfied with the return or returns of the tax or the amount of tax required to be paid to the state by any person, it may compute and determine the amount required to be paid upon the basis of the facts contained in the return or returns or upon the basis of any information within its possession or that may come into its possession. One or more deficiency determinations may be made of the amount due for one or for more than one period.
2. When a business is discontinued, a determination may be made at any time thereafter within the periods specified in section 81 of this act as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability as otherwise specified in this chapter.
Sec. 76. 372.405 Interest on deficiency. The amount of the determination, exclusive of penalties, bears interest at the rate of one-half of 1 percent per month, or fraction of a month, from the last day of the month following the quarterly period for which the amount or any portion of it should have been returned until the date of payment.
Sec. 77. 372.410 Offsetting of overpayment; computation of interest.
1. In making a determination the department may offset overpayments for a period or periods, together with interest on the overpayments, against underpayments for another period or periods, against penalties, and against the interest on the underpayments.
2. The interest on underpayments and overpayments must be computed in the manner set forth in sections 96 and 127 of this act.
Sec. 78. 372.415 Penalty for negligence, disregard of law, regulations. If any part of the deficiency for which a deficiency determination is made is due to negligence or intentional disregard of this chapter or authorized regulations, a penalty of 10 percent of the amount of the determination must be added to it.
Sec. 79. 372.420 Penalty for fraud, intent to evade. If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade this chapter or authorized regulations, a penalty of 25 percent of the amount of the determination must be added to it.
Sec. 80. 372.425 Notice of departments determination: Service.
1. The department shall give to the retailer or person storing, using or consuming tangible personal property written notice of its determination.
κ1979 Statutes of Nevada, Page 418 (CHAPTER 286, AB 616)κ
2. The notice may be served personally or by mail; if by mail, the notice must be addressed to the retailer or person storing, using or consuming tangible personal property at his address as it appears in the records of the department.
3. In case of service by mail of any notice required by this chapter, the service is complete at the time of deposit in the United States post office.
Sec. 81. 372.430 Time within which notice of deficiency determination to be mailed; consent to later mailing of notice.
1. Except in the case of fraud, intent to evade this chapter or authorized regulations issued under it, failure to make a return, or claim for additional amount pursuant to section 92 of this act, every notice of a deficiency determination must be personally served or mailed within 3 years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within 3 years after the return is filed, whichever period expires the later. In the case of failure to make a return, or claim for additional amount pursuant to section 92 of this act, every notice of determination must be mailed or personally served within 8 years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.
2. The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use or other consumption of which notice of a deficiency determination has been or is given pursuant to sections 80, 86 and 88 of this act, and to subsection 1 of this section. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use or other consumption of property for the sale of which notice of a deficiency determination has been or is given pursuant to sections 80, 86 and 88 of this act, and to subsection 1 of this section.
3. If, before the expiration of the time prescribed in this section for the mailing of a notice of deficiency determination, the taxpayer has consented in writing to the mailing of the notice after that time, the notice may be mailed at any time before the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.
Sec. 82. 372.435 Determination if no return is made: Estimate and computation; discontinuance of business.
1. If any person fails to make a return, the department shall make an estimate of the amount of the gross receipts of the person, or, as the case may be, of the amount of the total sales price of tangible personal property sold or purchased by the person, the storage, use or other consumption of which in this state is subject to the use tax. The estimate must be made for the period or periods in respect to which the person failed to make a return and be based upon any information which is in the departments possession or may come into its possession. Upon the basis of that estimate, the department shall compute and determine the amount required to be paid to the state, adding to the sum thus arrived at a penalty equal to 10 percent of the sum.
κ1979 Statutes of Nevada, Page 419 (CHAPTER 286, AB 616)κ
a penalty equal to 10 percent of the sum. One or more determinations may be made for one or for more than one period.
2. When a business is discontinued, a determination may be made at any time thereafter within the periods specified in section 81 of this act as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability as otherwise specified in this chapter.
Sec. 83. 372.440 Offsets: Computation; interest.
1. In making a determination, the department may offset overpayments for a period or periods, together with interest on the overpayments, against underpayments for another period or periods, against penalties, and against the interest on the underpayments.
2. The interest on underpayments and overpayments shall be computed in the manner set forth in sections 96 and 127 of this act.
Sec. 84. 372.445 Interest on amount of determination. The amount of the determination, exclusive of penalties, bears interest at the rate of one-half of 1 percent per month, or fraction of a month, from the last day of the month following the quarterly period for which the amount or any portion of it should have been returned until the date of payment.
Sec. 85. 372.450 Penalties for fraud, intent to evade. If the failure of any person to file a return is due to fraud or intent to evade this chapter or regulations, a penalty of 25 percent of the amount required to be paid by the person, exclusive of penalties, must be added to it in addition to the 10 percent penalty provided in section 82 of this act.
Sec. 86. 372.455 Notice of estimate, determination and penalty: Service. Promptly after making its determination the department shall give to the person written notice of the estimate, determination and penalty, the notice to be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
Sec. 87. 372.460 Jeopardy determination: When made; due date. If the department believes that the collection of any tax or any amount of tax required to be collected and paid to the state or of any determination will be jeopardized by delay, it shall thereupon make a determination of the tax or amount of tax required to be collected, noting that fact upon the determination. The amount determined is due immediately.
Sec. 88. 372.465 Nonpayment: Finality of determination. If the amount specified in the determination is not paid within 10 days after service of notice of it upon the person against whom the determination is made, the amount becomes final at the expiration of the 10 days, unless a petition for redetermination is filed within the 10 days, and the delinquency penalty and the interest provided in section 96 of this act attaches to the amount of the tax or the amount of the tax required to be collected.
Sec. 89. 372.470 Petition for redetermination; deposit of security. The person against whom a jeopardy determination is made may petition for the redetermination of it pursuant to sections 90 to 96, inclusive, of this act. He must file the petition for redetermination with the department within 10 days after the service upon him of notice of determination. The person shall also within the 10-day period deposit with the department such security as it may deem necessary to insure compliance with this chapter.
κ1979 Statutes of Nevada, Page 420 (CHAPTER 286, AB 616)κ
department such security as it may deem necessary to insure compliance with this chapter. The security may be sold by the department in the manner prescribed by section 97 of this act.
Sec. 90. 372.475 Petition for redetermination: Time to file.
1. Any person against whom a determination is made under sections 75 to 86, inclusive, of this act, or any person directly interested, may petition for a redetermination within 30 days after service upon the person of notice of the determination.
2. If a petition for redetermination is not filed within the 30-day period, the determination becomes final at the expiration of the period.
Sec. 91. 372.480 Oral hearing: Notice; continuances.
1. If a petition for redetermination is filed within the 30-day period, the department shall reconsider the determination and, if the person has so requested in his petition, shall grant the person an oral hearing and give him 10 days notice of the time and place of the hearing.
2. The department may continue the hearing from time to time as necessary.
Sec. 92. 372.485 Increase, decrease of amount of determination.
The department may decrease or increase the amount of the determination before it becomes final, but the amount may be increased only if a claim for the increase is asserted by the department at or before the hearing.
Sec. 93. 372.490 Order of department on petition for redetermination: Finality of order. The order or decision of the department upon a petition for redetermination becomes final 30 days after service upon the petitioner of notice of the order or decision.
Sec. 94. 372.495 Due date of determinations; penalties. All determinations made by the department under sections 75 to 86, inclusive, of this act, are due at the time they become final. If they are not paid when due, a penalty of 10 percent of the amount of the determination, exclusive of interest and penalties, must be added to it.
Sec. 95. 372.500 Service of notice. Any notice required by sections 90 to 94, inclusive, of this act, must be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
Sec. 96. 372.505 Penalty, interest for failure to pay tax: Amount; rates. Any person who fails to pay any tax to the state or any amount of tax required to be collected and paid to the state, except amounts of determinations made by the department under sections 75 to 86, inclusive, of this act, within the time required shall pay a penalty of not more than 10 percent of the tax or amount of the tax, as determined by the department, in addition to the tax or amount of tax, plus interest at the rate of one-half of 1 percent per month, or fraction of a month, from the date on which the tax or the amount of tax required to be collected became due to the state until the date of payment.
Sec. 97. 372.510 Deposit of security: Amounts; sales of security; return of surplus.
1. The department, whenever it deems it necessary to insure compliance with this chapter, may require any person subject to the chapter to place with it such security as the department may determine.
κ1979 Statutes of Nevada, Page 421 (CHAPTER 286, AB 616)κ
to place with it such security as the department may determine. The department shall fix the amount of the security which, except as noted below, may not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in such manner as the department deems proper, or $10,000, whichever amount is the lesser.
2. In the case of persons who are habitually delinquent in their obligations under this chapter, the amount of the security may not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons required to file returns for monthly periods, or $10,000, whichever amount is the lesser.
3. The limitations provided in this section apply regardless of the type of security placed with the department.
4. The amount of the security may be increased or decreased by the department subject to the limitations provided in this section.
5. The department may sell the security at public auction if it becomes necessary so to do in order to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who placed the security personally or by mail; if by mail, service must be made in the manner prescribed for service of a notice of a deficiency determination and must be addressed to the person at his address as it appears in the records of the department. Security in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may be sold by the department at a private sale at a price not lower than the prevailing market price.
6. Upon any sale any surplus above the amounts due must be returned to the person who placed the security.
Sec. 98. 372.515 Notice of delinquency to persons holding credits or property of delinquent; transfer or disposition of property or debt after notice; bank deposits.
1. If any person is delinquent in the payment of the amount required to be paid by him or in the event a determination has been made against him which remains unpaid, the department may, not later than 3 years after the payment became delinquent, or within 3 years after the last recording of an abstract under section 106 of this act, or of a certificate under section 109 of this act, give notice of it personally or by registered mail to all persons, including any officer or department of the state or any political subdivision or agency of the state, who have in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before the time it presents the claim of the delinquent taxpayer to the state controller.
2. After receiving the notice, the persons so notified may not transfer or otherwise dispose of the credits, other personal property, or debts in their possession or under their control at the time they received the notice until the department consents to a transfer or other disposition, or until 60 days after the receipt of the notice, whichever period expires earlier.
κ1979 Statutes of Nevada, Page 422 (CHAPTER 286, AB 616)κ
or otherwise dispose of the credits, other personal property, or debts in their possession or under their control at the time they received the notice until the department consents to a transfer or other disposition, or until 60 days after the receipt of the notice, whichever period expires earlier.
3. All persons so notified shall, within 10 days after receipt of the notice, advise the department of all such credits, other personal property, or debts in their possession, under their control, or owing by them.
4. If the notice seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of a bank, the notice must be delivered or mailed to the branch or office of the bank at which the deposit is carried or at which the credits or personal property is held.
5. If, during the effective period of the notice to withhold, any person so notified makes any transfer or other disposition of the property or debts required to be withheld, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due under this chapter from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
Sec. 99. 372.520 Action for collection of tax, penalties, interest: Limitation. At any time within 3 years after any tax or any amount of tax required to be collected becomes due, and at any time within 3 years after the delinquency of any tax or any amount of tax required to be collected, or within 3 years after the last recording of an abstract under section 106 of this act, or of a certificate under section 108 of this act, the department may bring an action in the courts of this state, or any other state, or of the United States, in the name of the people of the State of Nevada, to collect the amount delinquent together with penalties and interest.
Sec. 100. 372.525 Attorney general to prosecute action; provisions of NRS, N.R.C.P., N.R.A.P. applicable. The attorney general shall prosecute the action, and the provisions of NRS and the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.
Sec. 101. 372.530 Issuance of writ of attachment without bond, affidavit. In the action a writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment is required.
Sec. 102. 372.535 Evidentiary effect of delinquency certificate. In the action a certificate by the department showing the delinquency is prima facie evidence of the determination of the tax or the amount of the tax, of the delinquency of the amounts set forth, and of the compliance by the department with all the provisions of this chapter in relation to the computation and determination of the amounts.
Sec. 103. 372.540 Action for use tax: Manner of service of process. In any action relating to the use tax brought under this chapter, process may be served according to the Nevada Rules of Civil Procedure or may be served upon any agent or clerk in this state employed by any retailer in a place of business maintained by the retailer in this state.
κ1979 Statutes of Nevada, Page 423 (CHAPTER 286, AB 616)κ
retailer in a place of business maintained by the retailer in this state. In the latter case a copy of the process must forthwith be sent by registered or certified mail to the retailer at his principal or home office.
Sec. 104. 372.545 Application for summary judgment: Filing of certificate of delinquency. If any amount required to be paid to the state under this chapter is not paid when due, the department may, within 3 years after the amount is due, file in the office of the county clerk of any county a certificate specifying the amount required to be paid, interest and penalty due, the name and address as it appears on the records of the department of the person liable, the compliance of the department with this chapter in relation to the determination of the amount required to be paid, and a request that judgment be entered against the person in the amount required to be paid, together with interest and penalty as set forth in the certificate.
Sec. 105. 372.550 Entry of judgment by county clerk. The county clerk immediately upon the filing of the certificate shall enter a judgment for the people of the State of Nevada against the person in the amount required to be paid, together with interest and penalty as set forth in the certificate.
Sec. 106. 372.555 Filing of abstract, copy of judgment with county recorder; judgment lien; duration and extension.
1. An abstract of the judgment or a copy may be filed for record with the county recorder of any county.
2. From the time of the filing, the amount required to be paid, together with interest and penalty set forth, constitutes a lien upon all the real property in the county owned by the person liable or acquired by him afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years from the date of the judgment so entered by the county clerk unless sooner released or otherwise discharged.
3. The lien may, within 5 years from the date of the judgment or within 5 years from the date of the last extension of the lien pursuant to this subsection, be extended by filing for record in the office of the county recorder of any county, an abstract or copy of the judgment, and from the time of filing, the lien is extended to the real property in the county for 5 years, unless sooner released or otherwise discharged.
Sec. 107. 372.560 Execution: Issuance; sale. Execution must issue upon the judgment upon request of the department in the same manner as execution may issue upon other judgments, and sales must be held under the execution as prescribed by law.
Sec. 108. 372.565 Priority of tax claim or lien: Subordination to prior recorded lien, other debts.
1. The amounts required to be paid by any person under this chapter together with interest and penalties must be satisfied first in any of the following cases:
(a) Whenever the person is insolvent.
(b) Whenever the person makes a voluntary assignment of his assets.
(c) Whenever the estate of the person in the hands of executors, administrators or heirs is insufficient to pay all the debts due from the deceased.
(d) Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount under this chapter are levied upon by process of law.
κ1979 Statutes of Nevada, Page 424 (CHAPTER 286, AB 616)κ
absent person required to pay any amount under this chapter are levied upon by process of law.
2. This section does not give the state a preference over any recorded lien which attached before the date when the amounts required to be paid became a lien, or preference over costs of administration, funeral expenses, expenses of last illness, family allowances, debts preferred by the laws of the United States or wages as provided in NRS 150.220.
Sec. 109. 372.570 Recordation of certificate of delinquency: Resulting lien; duration and extension.
1. If any amount required to be paid to the state under this chapter is not paid when due, the department may, within 3 years after the amount is due, file for record in the office of any county recorder a certificate specifying the amount, interest and penalty due, the name and address as it appears on the records of the department of the person liable for the amount due, and the fact that the department has complied with all provisions of this chapter in the determination of the amount required to be paid.
2. From the time of the filing for record, the amount required to be paid, together with interest and penalty, constitutes a lien upon all real property in the county owned by the person or acquired by him afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years from the time of the filing of the certificate unless sooner released or otherwise discharged.
3. The lien may, within 5 years from the date of the filing of the certificate or within 5 years from the date of the last extension of the lien pursuant to this subsection, be extended by filing for record a new certificate in the office of the county recorder of any county, and from the time of filing, the lien is extended to the real property in the county for 5 years, unless sooner released or otherwise discharged.
Sec. 110. 372.575 Department may release, subordinate lien. The department may at any time release all or any portion of the property subject to any lien provided for in this chapter from the lien or subordinate the lien to other liens and encumbrances if it determines that the amount, interest and penalties are secured sufficiently by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.
Sec. 111. 372.580 Evidentiary effect of certificate of release, subordination. A certificate by the department to the effect that any property has been released from the lien, or that the lien has been subordinated to other liens and encumbrances, is conclusive evidence that the property has been released, or that the lien has been subordinated as provided in the certificate.
Sec. 112. 372.585 Warrant for collection of tax: Issuance; effect; levy and sale.
1. At any time within 3 years after any person is delinquent in the payment of any amount required to be paid, or within 3 years after the last recording of an abstract under section 106 of this act, or of a certificate under section 109 of this act, the department or its authorized representative may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the state under this chapter.
κ1979 Statutes of Nevada, Page 425 (CHAPTER 286, AB 616)κ
for the collection of any amount required to be paid to the state under this chapter.
2. The warrant must be directed to any sheriff or constable and has the same effect as a writ of execution.
3. The warrant must be levied and sale made pursuant to it in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.
Sec. 113. 372.590 Fees for services of sheriff, constable; approval of newspaper publication fees. The department may pay or advance to the sheriff or constable the same fees, commissions and expenses for his services as are provided by law for similar services pursuant to a writ of execution. The department, and not the court, shall approve the fees for publication in a newspaper.
Sec. 114. 372.595 Liability for fees of sheriff, constable. The fees, commissions and expenses are the obligation of the person required to pay any amount under this chapter and may be collected from him by virtue of the warrant or in any other manner provided in this chapter for the collection of the tax.
Sec. 115. 372.600 Power of department to seize and sell delinquents property; exemptions.
1. At any time within 3 years after any person is delinquent in the payment of any amount, the department may seize any property, real or personal, of the person and sell the property, or a sufficient part of it, at public auction to pay the amount due, together with any interest or penalties imposed for the delinquency and any costs incurred on account of the seizure and sale.
2. Any seizure made to collect a sales tax due may be only of the property of the retailer not exempt from execution under the provisions of law.
Sec. 116. 372.605 Notice of sale: Contents; mailings; publication.
1. Notice of the sale and the time and place of it must be given to the delinquent person in writing at least 10 days before the date set for the sale in the following manner:
(a) The notice must be enclosed in an envelope addressed to the person, in case of a sale for use taxes due, at his last-known address or place of business, and, in case of a sale for sales taxes due, at his last-known residence or place of business in this state. It must be deposited in the United States mail, postage prepaid.
(b) The notice must also be published for at least 10 days before the date set for the sale in a newspaper of general circulation published in the county in which the property seized is to be sold. If there is no newspaper of general circulation in the county, notice must be posted in three public places in the county 10 days before the date set for the sale.
2. The notice must contain a description of the property to be sold, a statement of the amount due, including interest, penalties and costs, the name of the delinquent, and the further statement that unless the amount due, interest, penalties and costs are paid on or before the time fixed in the notice for the sale, the property, or so much of it as is necessary, will be sold in accordance with law and the notice.
κ1979 Statutes of Nevada, Page 426 (CHAPTER 286, AB 616)κ
Sec. 117. 372.610 Sale; delivery of bill of sale, deed; disposition of unsold portion.
1. At the sale the department shall sell the property in accordance with law and the notice and shall deliver to the purchaser a bill of sale for the personal property and a deed for any real property sold. The bill of sale or deed vests the interest or title of the person liable for the amount in the purchaser.
2. The unsold portion of any property seized may be left at the place of sale at the risk of the person liable for the amount.
Sec. 118. 372.615 Disposition of excess proceeds; third-party claims.
1. If, upon the sale, the money received exceeds the total of all amounts, including interest, penalties and costs due the state, the department shall return the excess to the person liable for the amounts and obtain his receipt.
2. If any person having an interest in or lien upon the property files with the department, before the sale, notice of his interest or lien, the department shall withhold any excess, pending a determination of the rights of the respective parties to it by a court of competent jurisdiction.
3. If for any reason the receipt of the person liable for the amount is not available, the department shall deposit the excess money with the state treasurer, as trustee for the owner, subject to the order of the person liable for the amount, his heirs, successors or assigns.
Sec. 119. 372.620 Successor, assignee to withhold tax from purchase price. If any retailer who is liable for any amount under this chapter sells out his business or stock of goods, or quits the business, his successors or assigns shall withhold sufficient of the purchase price to cover that amount until the former owner produces a receipt from the department showing that it has been paid or a certificate stating that no amount is due.
Sec. 120. 372.625 Liability of purchaser for failure to withhold purchase price; release.
1. If the purchaser of a business or stock of goods fails to withhold the purchase price as required, he becomes personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money. Within 60 days after receiving a written request from the purchaser for a certificate, or within 60 days from the date the former owners records are made available for audit, whichever period expires later, but not later than 90 days after receiving the request, the department shall issue the certificate or mail notice to the purchaser at his address as it appears on the records of the department, of the amount that must be paid as a condition of issuing the certificate.
2. Failure of the department to mail the notice releases the purchaser from any further obligation to withhold the purchase price.
3. The time within which the obligation of a successor may be enforced begins at the time the retailer sells out his business or stock of goods or at the time that the determination against the retailer becomes final, whichever event occurs later.
Sec. 121. 372.630 Certification of excess amount collected; credit and refund; overpayment of use tax by purchaser.
κ1979 Statutes of Nevada, Page 427 (CHAPTER 286, AB 616)κ
1. If the department determines that any amount, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the department shall set forth that fact in the records of the department and certify to the state board of examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom paid. If approved by the state board of examiners, the excess amount collected or paid must be credited on any amounts then due from the person under this chapter, and the balance refunded to the person, or his successors, administrators or executors.
2. Any overpayment of the use tax by a purchaser to a retailer who is required to collect the tax and who gives the purchaser a receipt therefor pursuant to sections 34 to 38, inclusive, of the Sales and Use Tax Act and sections 56 to 65, inclusive, of this act, must be credited or refunded by the state to the purchaser.
Sec. 122. 372.635 Claims for refund, credit: Limitation.
1. No refund may be allowed unless a claim for it is filed with the department within 3 years from the last day of the month following the close of the quarterly period for which the overpayment was made, or, with respect to determinations made under sections 75 to 86, inclusive, of this act, within 6 months after the determinations become final, or within 6 months from the date of overpayment, whichever period expires later.
2. No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period, or unless the credit relates to a period for which a waiver is given pursuant to section 81 of this act.
Sec. 123. 372.640 Credit or refund for use tax: Reimbursement of vendor for sales tax. No credit or refund of any amount paid pursuant to sections 34 to 38, inclusive, of the Sales and Use Tax Act and sections 56 to 65, inclusive, of this act, may be allowed on the ground that the storage, use or other consumption of the property is exempt under section 67 of the Sales and Use Tax Act, unless the person who paid the amount reimburses his vendor for the amount of the sales tax imposed upon his vendor with respect to the sale of the property and paid by the vendor to the state.
Sec. 124. 372.645 Claim for refund, credit: Form; contents. Every claim must be in writing and must state the specific grounds upon which the claim is founded.
Sec. 125. 372.650 Effect of failure to file claim: Waiver. Failure to file a claim within the time prescribed in section 122 of this act constitutes a waiver of any demand against the state on account of overpayment.
Sec. 126. 372.655 Notice of disallowance of claim: Service. Within 30 days after disallowing any claim in whole or in part, the department shall serve notice of its action on the claimant in the manner prescribed for service of notice of a deficiency determination.
Sec. 127. 372.660 Interest on overpayments.
1. Interest must be paid upon any overpayment of any amount of tax at the rate of one-half of 1 percent per month from the last day of the calendar month following the quarterly period for which the overpayment was made.
κ1979 Statutes of Nevada, Page 428 (CHAPTER 286, AB 616)κ
the calendar month following the quarterly period for which the overpayment was made. No refund or credit may be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.
2. The interest must be paid:
(a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the department that a claim may be filed or the date upon which the claim is certified to the state board of examiners, whichever is earlier.
(b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.
Sec. 128. 372.665 Disallowance of interest: Circumstances. If the department determines that any overpayment has been made intentionally or by reason of carelessness, it may not allow any interest on it.
Sec. 129. 372.670 Injunction, other process to prevent tax collection prohibited. No injunction, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against this state or against any officer of the state to prevent or enjoin the collection under this chapter of any tax or any amount of tax required to be collected.
Sec. 130. 372.675 Action for refund: Claim as condition precedent. No suit or proceeding may be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been filed.
Sec. 131. 372.680 Action for refund: Time to sue; venue of action; waiver.
1. Within 90 days after the mailing of the notice of the departments action upon a claim filed pursuant to this chapter, the claimant may bring an action against the department on the grounds set forth in the claim in a court of competent jurisdiction in Carson City for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
2. Failure to bring action within the time specified constitutes a waiver of any demand against the state on account of alleged overpayments.
Sec. 132. 372.685 Right of action on failure of department to mail notice. If the department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may, before the mailing of notice by the department of its action on the claim, consider the claim disallowed and bring an action against the department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
Sec. 133. 372.690 Judgment for plaintiff: Credits; refund of balance.
1. If judgment is rendered for the plaintiff, the amount of the judgment must first be credited as follows:
(a) If the judgment is for a refund of sales taxes, it must be credited on any sales or use tax due from the plaintiff.
κ1979 Statutes of Nevada, Page 429 (CHAPTER 286, AB 616)κ
(b) If the judgment is for a refund of use taxes, it must be credited on any use tax due from the plaintiff.
2. The balance of the judgment must be refunded to the plaintiff.
Sec. 134. 372.695 Allowance of interest. In any judgment, interest must be allowed at the rate of 6 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the department.
Sec. 135. 372.700 Judgment not to be rendered for assignee-plaintiff. A judgment may not be rendered in favor of the plaintiff in any action brought against the department to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.
Sec. 136. 372.705 Recovery of erroneous refunds: Action; jurisdiction and venue. The department may recover any refund or part of it which is erroneously made and any credit or part of it which is erroneously allowed in an action brought in a court of competent jurisdiction in Carson City in the name of the State of Nevada.
Sec. 137. 372.710 Change of venue in action to recover erroneous refund. The action must be tried in Carson City unless the court with the consent of the attorney general orders a change of place of trial.
Sec. 138. 372.715 Attorney general to prosecute action for recovery of erroneous refund; applicability of NRS and N.R.C.P. The attorney general shall prosecute the action, and the provisions of NRS, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.
Sec. 139. 372.720 Cancellation of illegal determination: Procedure; limitation.
1. If any amount in excess of $25 has been illegally determined, either by the person filing the return or by the department, the department shall certify this fact to the state board of examiners, and the latter shall authorize the cancellation of the amount upon the records of the department.
2. If an amount not exceeding $25 has been illegally determined, either by the person filing a return or by the department, the department, without certifying this fact to the state board of examiners, shall authorize the cancellation of the amount upon the records of the department.
Sec. 140. 372.725 Enforcement by department: Regulations.
1. The department shall enforce the provisions of this chapter and may adopt regulations relating to the administration and enforcement of this chapter.
2. The department may prescribe the extent to which any regulation may be applied without retroactive effect.
Sec. 141. 372.730 Employment of accountants, investigators and other persons; delegation of authority. The department may employ accountants, auditors, investigators, assistants and clerks necessary for the efficient administration of this chapter, and may delegate authority to its representatives to conduct hearings, adopt regulations or perform any other duties imposed by this chapter.
κ1979 Statutes of Nevada, Page 430 (CHAPTER 286, AB 616)κ
the efficient administration of this chapter, and may delegate authority to its representatives to conduct hearings, adopt regulations or perform any other duties imposed by this chapter.
Sec. 142. 372.735 Records to be kept by sellers, retailers and others.
1. Every seller, every retailer, and every person storing, using or otherwise consuming in this state tangible personal property purchased from a retailer shall keep records, receipts, invoices and other pertinent papers in such form as the department may require.
2. Every seller, retailer or person who files the returns required under this chapter shall keep the records for not less than 4 years from their making unless the department in writing sooner authorizes their destruction.
3. Every seller, retailer or person who fails to file the returns required under this chapter shall keep the records for not less than 8 years from their making unless the department in writing sooner authorizes their destruction.
Sec. 143. 372.740 Examination of records; investigation of business. The department, or any person authorized in writing by it, may examine the books, papers, records and equipment of any person selling tangible personal property and any person liable for the use tax and may investigate the character of the business of the person in order to verify the accuracy of any return made, or, if no return is made by the person, to ascertain and determine the amount required to be paid.
Sec. 144. 372.745 Reports for administering use tax: Contents. In its administration of the use tax, the department may require the filing of reports by any person or class of persons having in his or their possession or custody information relating to sales of tangible personal property, the storage, use or other consumption of which is subject to the tax. The report must:
1. Be filed when the department requires.
2. Set forth the names and addresses of purchasers of the tangible personal property, the sales price of the property, the date of sale, and such other information as the department may require.
Sec. 145. 372.750 Disclosure of information unlawful; examination of records when ordered by governor.
1. It is a misdemeanor for any member of the Nevada tax commission or officer or employee of the department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular of them, set forth or disclosed in any return, or to permit any return or copy of a return, or any book containing any abstract or particulars of it to be seen or examined by any person not connected with the department.
2. The governor may, by general or special order, authorize examination of the records maintained by the department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person.
κ1979 Statutes of Nevada, Page 431 (CHAPTER 286, AB 616)κ
The information so obtained may not be made public except to the extent and in the manner that the order may authorize that it be made public.
3. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.
Sec. 146. 372.755 Penalty for failure to make return, furnish data. Any retailer or other person who fails or refuses to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the department, or who renders a false or fraudulent return shall be fined not more than $500 for each offense.
Sec. 147. 372.760 Penalty for false and fraudulent returns. Any person required to make, render, sign or verify any report who makes any false or fraudulent return, with intent to defeat or evade the determination of an amount due required by law to be made, shall for each offense be fined not less than $300 nor more than $5,000, or be imprisoned for not more than 1 year in the county jail, or be punished by both fine and imprisonment.
Sec. 148. 372.765 Penalty for other violations. Any violation of this chapter, except as otherwise provided, is a misdemeanor.
Sec. 149. 372.770 Statute of limitations. Any prosecution for violation of any of the penal provisions of this chapter must be instituted within 3 years after the commission of the offense.
Sec. 150. 372.775 Application of res judicata doctrine. In the determination of any case arising under this chapter, the rule of res judicata is applicable only if the liability involved is for the same quarterly period as was involved in another case previously determined.
Sec. 151. 372.780 Sales tax fund: Payments of taxes, penalties.
1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the state under this chapter must be paid to the department in the form of remittances payable to the department.
2. The department shall transmit the payments to the state treasurer for deposit in the state treasury to the credit of the sales tax fund.
Sec. 152. 372.785 Withdrawals, transfers from sales tax fund. The money in the sales tax fund may, upon order of the state controller, be used for refunds under this chapter, or be transferred to the state general fund.
Sec. 153. 372.790 Remedies of state are cumulative. The remedies of the state provided for in this chapter are cumulative, and no action taken by the department or the attorney general constitutes an election by the state to pursue any remedy to the exclusion of any other remedy for which provision is made in this chapter.
Sec. 154. 372.795 Departments authority. In all proceedings under this chapter the department may act for and on behalf of the people of the State of Nevada.
Sec. 155. Chapter 374 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There are exempted from the taxes imposed by this chapter the gross receipts from sales and the storage, use or other consumption of food for human consumption.
κ1979 Statutes of Nevada, Page 432 (CHAPTER 286, AB 616)κ
gross receipts from sales and the storage, use or other consumption of food for human consumption.
2. Food for human consumption does not include:
(a) Alcoholic beverages.
(b) Pet foods.
(c) Tonics and preparations.
(d) Prepared food intended for immediate consumption.
Sec. 156. 1. The section numbers and leadlines contained in the respective sections added to chapter 372 of NRS by sections 43 to 154, inclusive, of this act are for convenient reference only and are not part of the law.
2. It is the intent of the legislature that the exemption of food for human consumption from the sales and use tax and local school support tax, if it becomes effective, be strictly construed and be applied only to those foods and beverages commonly purchased for preparation and consumption at home. As of the effective date of this section, such foods and beverages are those eligible for purchase with food coupons issued by the Department of Agriculture and sold in food stores or departments where sales of eligible foods and beverages constitute more than half of total sales. The exemption is not intended to include sales by or from catering services or vending machines.
Sec. 157 to Sec. 160, inclusive. (Deleted by amendment.)
Sec. 161. 1. This section and sections 30 to 41, inclusive, of this act shall become effective upon passage and approval.
2. Sections 42 to 156 of this act shall become effective on July 1, 1979, only if the question provided for in section 31 of this act is approved by the voters at the special election on June 5, 1979.
3. Section 155 of this act expires by limitation on June 30, 1981, if before that date the constitution of the State of Nevada is amended to limit the amount of general (ad valorem) taxes on real property to $1 for each $100 of full cash value, or to any lesser amount.
________
Senate Bill No. 323Senators Wilson, Gibson, Neal and Jacobsen
CHAPTER 287
AN ACT relating to the region of Lake Tahoe; limiting licensed gaming therein; and providing other matters properly relating thereto.
[Approved May 4, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.780 is hereby amended to read as follows:
278.780 The legislature finds and declares that:
1. The waters of Lake Tahoe and other resources of the Lake Tahoe region are threatened with deterioration or degeneration, which may endanger the natural beauty and economic productivity of the region.
κ1979 Statutes of Nevada, Page 433 (CHAPTER 287, SB 323)κ
2. By virtue of the special conditions and circumstances of the natural ecology, developmental pattern, population distribution and human needs in the Lake Tahoe region, the region is experiencing problems of resource use and deficiencies of environmental control.
3. There is a need to maintain an equilibrium between the regions natural endowment and its manmade environment, and to preserve the scenic beauty and recreational opportunities of the region.
4. For the purpose of enhancing the efficiency and governmental effectiveness of the region, it is imperative that there be established an areawide planning agency with power to exercise effective environmental controls and to perform other essential functions.
5. It is not the intent of NRS 278.780 to 278.828, inclusive, [to impose a moratorium upon construction of facilities or limit the development of facilities subject to the provisions of NRS 278.780 to 278.828, inclusive, or] and sections 4 to 6, inclusive, of this act to rezone areas subject to the provisions of [such] those sections.
6. Every application referred to the agency created by NRS 278.780 to 278.828, inclusive, [shall] and sections 4 to 6, inclusive, of this act must be considered individually as to its effect on the facilities necessary for people and traffic and whether or not the granting of such application would exceed the capacity of the environment to tolerate development in those particular areas under the jurisdiction of the agency.
Sec. 2. NRS 278.782 is hereby amended to read as follows:
278.782 As used in NRS 278.780 to 278.828, inclusive, and sections 4 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 278.784 to 278.790, inclusive, and section 4 of this act have the meanings ascribed to them in [NRS 278.784 to 278.790, inclusive.] those sections.
Sec. 3. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 6, inclusive, of this act.
Sec. 4. Restricted gaming license means a license to operate not more than 15 slot machines for which a quarterly fee is charged pursuant to NRS 463.373.
Sec. 5. 1. Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on January 1, 1979, the agency shall recognize as a permitted and conforming use:
(a) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on January 1, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or by default before that date. The agency shall not permit the construction of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure.
(b) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before January 1, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.
(c) Gaming conducted pursuant to a restricted gaming license issued before January 1, 1979, to the extent permitted by that license on that date.
κ1979 Statutes of Nevada, Page 434 (CHAPTER 287, SB 323)κ
before January 1, 1979, to the extent permitted by that license on that date.
The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on the effective date of this act. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on the effective date of this act.
2. Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume and land coverage existing or approved on the effective date of this act.
Sec. 6. 1. Gaming conducted pursuant to a restricted gaming license is exempt from the provisions of section 5 of this act if it is incidental to the primary use of the premises.
2. The provisions of section 5 of this act are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 49Assemblymen Getto, Dini and Horn
CHAPTER 288
AN ACT relating to nurses; limiting permanent licenses by reciprocity to nurses who have passed examinations which are at least equivalent to those required in Nevada; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 632.160 is hereby amended to read as follows:
632.160 The board [may,] shall, without examination, issue a license to practice nursing as a professional nurse to any applicant who otherwise meets the qualifications required of professional nurses in this state and who has been duly licensed or registered as a registered nurse [, after examination,] under the laws of any other [state, territory or foreign country.] jurisdiction after passing an examination required by that jurisdiction, if it appears to the board that the requirements and scope of the required examination were at least equivalent to those prescribed by this chapter for examinations. If the applicant was trained as a nurse in a jurisdiction where English is not the prevalent language, the board shall require that the applicant pass an examination testing his proficiency in reading, writing and speaking English.
κ1979 Statutes of Nevada, Page 435 (CHAPTER 288, AB 49)κ
the board shall require that the applicant pass an examination testing his proficiency in reading, writing and speaking English.
Sec. 2. NRS 632.200 is hereby amended to read as follows:
632.200 Upon application and payment of the required fee the board may without examination grant a temporary license to practice professional nursing to [an individual] a person whose license from another [state, territory or country] jurisdiction is in good standing. Only one temporary license may be issued to any one person during any 12-month period.
Sec. 3. NRS 632.270 is hereby amended to read as follows:
632.270 Each applicant for a license to practice as a practical nurse shall submit to the board written evidence, under oath, that he:
1. Is of good moral character.
2. Has [completed 2 years of] a high school diploma or its equivalent [and has such other preliminary qualification requirements as the board may prescribe.] as determined by the state board of education.
3. Is at least 18 years of age.
4. Has successfully completed the prescribed course of study in an accredited school of practical nursing.
Sec. 4. NRS 632.280 is hereby amended to read as follows:
632.280 The board shall grant a license to practice as a practical nurse in this state to each applicant [having] who has the preliminary qualifications set forth in NRS 632.270 and who:
1. Passes the practical nurses examination, which examination [shall] must be given by the board not less than once each calendar year; or
2. Holds a license as a practical nurse under the laws of another [state, territory or country, if the standards for licensure of practical nurses in such state, territory or country are equivalent to those of this state.] jurisdiction after passing an examination required by that jurisdiction, if it appears to the board that the requirements and scope of the required examination were at least equivalent to those prescribed by this chapter for examinations. If the applicant was trained as a nurse in a jurisdiction where English is not the prevalent language, the board shall require that the applicant pass an examination testing his proficiency in reading, writing and speaking English.
Sec. 5. NRS 632.300 is hereby amended to read as follows:
632.300 Upon application and payment of the required fee, the board may without examination grant a temporary license to practice practical nursing to [an individual] a person whose license from another [state, territory or country] jurisdiction is in good standing. Only one temporary license may be issued to any one person during any 12-month period.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 436κ
Assembly Bill No. 89Assemblymen Getto, Dini, Marvel, Bergevin and Mello
CHAPTER 289
AN ACT relating to outdoor advertising; prohibiting the posting of advertising signs on certain property of public utilities; providing that temporary political signs erected during a period before and after elections are exempt from the payment of certain fees to the department of highways; providing a penalty; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is unlawful for any person to post any advertising sign, display or device, including a temporary political sign, on any pole, support or other device of a public utility which is used to support a telegraph, telephone or electric transmission line.
Sec. 2. NRS 410.400 is hereby amended to read as follows:
410.400 1. The board shall prescribe:
(a) [Rules and regulations] Regulations governing the issuance of permits for advertising signs, displays or devices and the collection of fees therefor reasonably related to defraying the administrative costs of processing and issuing such permits; and
(b) Such other [rules and] regulations as it deems necessary to implement the provisions of NRS 410.220 to 410.410, inclusive.
2. No fee [shall] may be collected for any authorized directional sign, display or device, or for authorized signs, displays or devices erected by chambers of commerce, civic organizations or local governments, advertising exclusively any city, town or geographic area.
3. No fee may be collected for any temporary sign, display or device advertising for or against a candidate, political party or ballot question in an election if the sign, display or device is:
(a) Erected not more than 60 days before a primary election and concerns a candidate, party or question for that primary or the ensuing general election; and
(b) Removed within 30 days after:
(1) The primary election if the candidate, party or question is not to be voted on at the ensuing general election.
(2) The general election in any other case.
The department may summarily remove any temporary political sign for which no fee has been paid if the sign is erected before or remains after the times prescribed.
4. All permit fees [shall] must be deposited with the state treasurer [in] for credit to the state highway fund.
________
κ1979 Statutes of Nevada, Page 437κ
Assembly Bill No. 142Assemblymen Stewart, Horn, Sena, FitzPatrick, Brady, Tanner, Hayes, Fielding and Wagner
CHAPTER 290
AN ACT relating to crimes against the person; creating the separate offense of using a minor in producing pornography; broadening the definition of sexual abuse; providing a penalty; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A person who knowingly uses, promotes, entices or permits a minor to simulate or engage in or assist others to simulate or engage in any performance of sexual intercourse, lewd exhibition of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or penetration of any part of a persons body or of any object manipulated or inserted by a person into the genital or anal opening of the body of another for the purpose of producing a performance, film, photograph or any other representation, is guilty of a felony and 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.
Sec. 3. A child is not abused or neglected, nor is his health or welfare harmed or threatened for the sole reason that his parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this state in lieu of medical treatment.
Sec. 4. NRS 200.5011 is hereby amended to read as follows:
200.5011 As used in NRS 200.501 to 200.508, inclusive [:] , and sections 2 and 3 of this act:
1. Child abuse and neglect means the nonaccidental physical or mental injury, sexual abuse, negligent treatment or maltreatment of a child under the age of 18 years by a person who is responsible for the childs welfare under circumstances which indicate that the childs health or welfare is harmed or threatened thereby.
2. [A child is not abused or neglected, nor is his health or welfare harmed or threatened for the sole reason that his parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this state in lieu of medical treatment.] Sado-masochistic abuse has the meaning ascribed to it in NRS 201.262.
3. Sexual abuse includes but is not limited to acts upon a child constituting: [the crimes of:]
(a) Incest under NRS 201.180;
(b) The infamous crime against nature under NRS 201.190;
(c) Lewdness with a child under NRS 201.230;
κ1979 Statutes of Nevada, Page 438 (CHAPTER 290, AB 142)κ
(d) Annoyance or molestation of a minor under NRS 207.260;
(e) Sado-masochistic abuse;
(f) Sexual assault under NRS 200.366; and
[(f)] (g) Statutory sexual seduction under NRS 200.368.
________
Assembly Bill No. 161Committee on Legislative Functions
CHAPTER 291
AN ACT relating to legislators; increasing certain allowances to legislators for travel and telephone calls; broadening the purposes of reimbursable travel; granting additional allowances for communication to certain officers of the houses of the legislature; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen duly elected or appointed and in attendance at any session or presession orientation conference of the legislature [shall] must be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a regular or special session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a regular or special session or termination of a presession orientation conference of the legislature, each senator and assemblyman [shall] is entitled to receive:
(a) A per diem expense allowance of $40 for one days travel to and one days travel from regular and special sessions and presession orientation conferences of the legislature.
(b) Travel expenses computed at the rate of 17 cents per mile traveled.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental travel allowance which [shall] must not exceed:
(a) A total of [$1,700] $2,550 during each regular session of the legislature; and
(b) A total of $710 during each special session of the legislature,
for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee hearings, computed at the rate of 17 cents per mile.
4. Each senator and assemblyman [shall be allowed] is entitled to receive for each day that the legislature is in regular or special session or in a presession orientation conference a per diem allowance of $40 per day.
κ1979 Statutes of Nevada, Page 439 (CHAPTER 291, AB 161)κ
5. Each senator and assemblyman is entitled to receive not to exceed the total sum of $500 as a telephone allowance for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not to exceed the total sum of $200 during each special session of the legislature.
6. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
7. Claims for expenses made under the provisions of this section [shall] must be made in the same manner as other claims are made against the state, and [shall] must be allowed and paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 [shall] must be allowed and paid once each week during a legislative session and upon completion of a presession orientation conference.
Sec. 2. NRS 218.220 is hereby amended to read as follows:
218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen duly elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a regular or special session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a regular or special session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:
(a) A per diem expense allowance of $40 for one days travel to and one days travel from regular and special sessions and presession orientation conferences of the legislature.
(b) Travel expenses computed at the rate of 17 cents per mile traveled.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental travel allowance which must not exceed:
(a) A total of $2,550 during each regular session of the legislature; and
(b) A total of [$710] $1,000 during each special session of the legislature,
for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee hearings [,] or for individual travel within the state which relates to legislative business, computed at the rate of 17 cents per mile.
4. Each senator and assemblyman [shall be allowed] is entitled to receive for each day that the legislature is in regular or special session or in a presession orientation conference a per diem allowance of $40 per day.
5. Each senator and assemblyman is entitled to receive a telephone allowance not to exceed the total sum of [$500 as a telephone allowance] $1,000 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not to exceed the total sum of $200 during each special session of the legislature.
κ1979 Statutes of Nevada, Page 440 (CHAPTER 291, AB 161)κ
allowance not to exceed the total sum of [$500 as a telephone allowance] $1,000 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not to exceed the total sum of $200 during each special session of the legislature.
6. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
7. Claims for expenses made under the provisions of this section must be made in the same manner as other claims are made against the state, and must be allowed and paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 must be allowed and paid once each week during a legislative session and upon completion of a presession orientation conference.
Sec. 3. NRS 218.221 is hereby amended to read as follows:
218.221 [The chairman of each standing committee of each house]
1. Each of the following officers of the houses of the legislature is entitled to an allowance of not more than [$100] $300 for each regular session and $40 for each special session [,] for the payment of postage, telephone tolls and other communication charges incurred by him in the performance of his duties [as chairman, to be paid from the legislative fund.] :
(a) The president and president pro tempore of the senate.
(b) The speaker and speaker pro tempore of the assembly.
(c) The majority floor leader and minority floor leader of each house.
(d) The chairman of each standing committee of each house, except that any chairman who would otherwise qualify for more than one allowance is entitled only to one allowance.
2. All allowances made pursuant to this section must be paid from the legislative fund.
Sec. 4. 1. This section and section 1 of this act shall become effective upon passage and approval.
2. Sections 2 and 3 of this act shall become effective on January 1, 1981.
________
Assembly Bill No. 428Committee on Government Affairs
CHAPTER 292
AN ACT relating to planning and zoning; requiring a description of property by metes and bounds on the surveyors certificate on final maps of subdivisions under certain circumstances; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.375 is hereby amended to read as follows:
278.375 A final map presented for filing [shall] must include a certificate of the surveyor responsible for the survey.
κ1979 Statutes of Nevada, Page 441 (CHAPTER 292, AB 428)κ
certificate of the surveyor responsible for the survey. [and the certificate shall] The certificate must be in the following form:
SURVEYORS CERTIFICATE
I, ............................................................................... , a Registered Land Surveyor
(Name of Surveyor)
in the State of Nevada, certify that:
1. This is a true and accurate representation of the lands surveyed under my supervision at the instance of .........................................................
.................................................. .
(Owner, Trustee, Etc.)
2. The lands surveyed lie within .............................................................. .
(Section(s), Township, Range, [and] Meridian, [)] and, if required by the governing body, a description by metes and bounds for any subdivision which is divided into lots containing 5 acres in area or less)
and the survey was completed on ........................................................
(date)
3. This plat complies with the applicable state statutes and any local ordinances.
4. The monuments are of the character shown and occupy the positions indicated.
(OR)
4. The monuments will be of the character shown and occupy the positions indicated by ........................................................................ .
(a day certain)
and that an appropriate performance bond has been posted with the Governing Body to assure their installation.
.......................................... ...................................................................
date Name of Surveyor,
Registration Number and Seal
________
Assembly Bill No. 470Assemblymen Getto and Dini
CHAPTER 293
AN ACT relating to industrial insurance; providing coverage for paid firemen injured while performing certain voluntary services off duty; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1979 Statutes of Nevada, Page 442 (CHAPTER 293, AB 470)κ
A fireman who is employed by a regular organized and recognized fire department, while engaged off duty in the voluntary performance of services as a fireman within the jurisdiction served by his department or a jurisdiction with which his department has a reciprocal agreement, is entitled to receive the benefits provided by this chapter as though he were an employee receiving the wage which he receives from his regular employer.
________
Assembly Bill No. 502Assemblyman Horn
CHAPTER 294
AN ACT relating to indigents; reducing the requirement of residence; providing for involuntary changes of location; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 428.040 is hereby amended to read as follows:
428.040 When an application is made by any pauper to the board of county commissioners of any county for relief, the board of county commissioners shall require of the pauper [satisfactory evidence that he has been a resident of the State of Nevada for 3 years and of the county for 6 months immediately preceding the day upon which such application is made, or if such is not the case, satisfactory evidence in regard to where the pauper last resided for 6 months prior to arrival in the county where such application is made.] a statement that he is or intends to become a resident of that county.
Sec. 2. NRS 428.060 is hereby amended to read as follows:
428.060 1. If it [shall appear] appears to the satisfaction of the board of county commissioners that a pauper applying for relief has not [been a resident of the state and county for the times required by NRS 428.040, but that the pauper, previous to removing to the county where the application was made,] established his residence and came to the county for some other purpose, but before coming to the county was a resident of some other county of this state, [as required by NRS 428.040,] the board shall provide temporary relief for the pauper in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of funds which may be lawfully appropriated thereby for this purpose pursuant to NRS 428.050, and shall notify immediately the board of county commissioners of the county where the pauper last had a residence. [for 6 months.]
2. The notice [shall] must be in writing, duly attested by the clerk of the board of county commissioners, and deposited in the post office, addressed to the board of county commissioners of such county.
3. The board of county commissioners receiving the notice [shall] may cause the pauper to be removed immediately to that county, and shall pay a reasonable compensation for the temporary relief afforded.
κ1979 Statutes of Nevada, Page 443 (CHAPTER 294, AB 502)κ
shall pay a reasonable compensation for the temporary relief afforded. If the board of county commissioners [neglects or refuses] chooses not to remove the pauper, the county affording relief [shall have] has a legal claim against that county for all relief necessarily furnished, and may recover [the same] it in a suit at law.
[4. After service of such notice, as provided in subsection 2, no pauper shall be entitled to relief from such county, unless the board of county commissioners shall deem it absolutely necessary.]
________
Assembly Bill No. 566Assemblyman May
CHAPTER 295
AN ACT relating to toilets; empowering the governing bodies of counties and cities to enact ordinances regulating the installation of toilets in certain structures; and providing other matters properly relating thereto.
[Approved May 9, 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 may, by ordinance, impose reasonable restrictions relating to the water capacity and devices to reduce water consumption of toilets to be installed after July 1, 1979, within the unincorporated area of the county in any new hotel, motel, apartment house or dwelling or as part of an addition to or renovation of any hotel, motel, apartment house or dwelling.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The governing body of an incorporated city may, by ordinance. impose reasonable restrictions relating to the water capacity and devices to reduce water consumption of toilets to be installed after July 1, 1979, within its jurisdiction in any new hotel, motel, apartment house or dwelling or as part of an addition to or renovation of any hotel, motel, apartment house or dwelling.
Sec. 3. NRS 444.432 is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 444κ
Assembly Bill No. 588Committee on Government Affairs
CHAPTER 296
AN ACT relating to county hospitals; permitting the employment of certain medical personnel as independent contractors; authorizing certain purchasing arrangements; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 450.180 is hereby amended to read as follows:
450.180 The board of hospital trustees shall have the power:
1. To appoint a suitable superintendent or matron, or both, and necessary assistants, and to fix their compensations.
2. To employ physicians [, surgeons] and internes, either full-time or part-time, as the board determines necessary, and to fix their compensations.
3. To remove [such] those appointees and employees.
4. To control the admission of physicians [, surgeons] and internes to the staff by promulgating appropriate rules, regulations and standards governing [such] those appointments.
5. To contract with individual physicians or private medical associations for the provision of certain medical services as may be required by the hospital. The compensation provided for in the contract must not include compensation to the physician for services rendered to indigent patients.
Sec. 2. NRS 450.191 is hereby amended to read as follows:
450.191 1. The governing body of a county hospital may contract with a hospital management company for the rendering of management services in a county hospital [,] under the ultimate authority of the governing body.
[Such] 2. The agreement may [permit the hospital to utilize the purchasing facilities of the hospital management company and may] provide that the hospital administrator [shall] be an employee of the hospital management company.
3. The agreement may also provide that the hospital may, with the approval of the governing body of the hospital, purchase supplies, materials and equipment after complying with the requirements for competitive bidding of chapter 332 of NRS if the hospital finds that similar merchandise is available, at a reasonable savings below the lowest bid, through the purchasing contracts of the hospital management company, or through another group purchasing arrangement among hospitals. The prices available to the hospital management company or to other hospital purchasing groups must be submitted at the time of the bid opening as other bids are made under chapter 332 of NRS. The documents pertaining to each proposed purchase or acquisition must be summarized in writing for presentation at the next regularly scheduled meeting of the governing body of the hospital. After reviewing the summary the governing body shall approve or disapprove the proposed purchase or acquisition.
________
κ1979 Statutes of Nevada, Page 445κ
Assembly Bill No. 600Assemblymen Rusk, Polish, Bergevin, Rhoads, Price, Weise, Marvel, Mann, Horn, Sena, Craddock, Prengaman, Fielding, Banner, Robinson, Brady, Glover, Westall, Jeffrey, Malone, Webb, Bremner, Harmon, Bennett and Bedrosian.
CHAPTER 297
AN ACT relating to dairy products; establishing county milk commissions to regulate the production and sale of certified raw milk; requiring the state board of health to adopt regulations governing inspections of the production process; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 584 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Certified raw milk is unpasteurized, marketed milk which conforms to the regulations and standards adopted by the county milk commission for the production and distribution of certified raw milk and certified raw milk products in the county in which they are produced.
2. In each county in which certified raw milk or certified raw milk products are produced for public consumption, there must be a county milk commission to regulate the production and distribution of those products. The board of county commissioners shall appoint to the commission three members for terms of 4 years all of whom are eligible for reappointment. The members must all be residents of the county and have the following respective qualifications:
(a) One member must be a physician licensed in this state and a member of the medical society of the state;
(b) One member must be a veterinarian licensed in this state and a member of the county or regional veterinarian association; and
(c) One member must be a representative of the public at large.
3. A county milk commission shall:
(a) Elect one of its members chairman and adopt appropriate rules to govern:
(1) The time and place of its meetings;
(2) Its rules of procedure; and
(3) Its recordkeeping and other internal operations.
(b) Adopt written regulations, which must be approved by the state board of health, governing the production, distribution and sale in the county of certified raw milk and products made from it, to protect the public health and safety and the integrity of the product. The regulations so adopted must conform as nearly as practicable to, but may be more stringent than, the standards adopted by the American Association of Medical Milk Commissions.
(c) Certify raw milk and the products thereof for any applicant producing raw milk within the county, whose product and methods of production, distribution and sale comply with the regulations and standards adopted by the commission.
4. A county milk commission may:
(a) Establish and collect such fees and charges as appear reasonably necessary to defray the costs and expenses incurred by it in the performance of its duties under this section, and expend any money so collected as is necessary for such performance.
κ1979 Statutes of Nevada, Page 446 (CHAPTER 297, AB 600)κ
necessary to defray the costs and expenses incurred by it in the performance of its duties under this section, and expend any money so collected as is necessary for such performance.
(b) Conduct such tests, inspections and analyses as are necessary to enable it to perform its duties under this section and employ such personnel and equipment as it deems necessary therefor.
5. Each applicant for certification shall, as a condition for entertaining his application and as a condition for any certification granted, submit for testing by the commission such samples as the commission requests, and allow inspections by the commission or its agents at any reasonable times, of any or all of his facilities, equipment, herds or other property employed in his dairy operations, including without limitation all of his books and records relating thereto.
Sec. 3. 1. Certified raw milk and products made from it may be sold if the milk has been:
(a) Cooled to 45 degrees Fahrenheit or less immediately after being drawn from the cow or goat and maintained at or below that temperature until it is delivered to the consumer, at which time it may not contain more than 10 coliform bacteria per milliliter or more than 10,000 bacteria per milliliter; and
(b) Certified by the county milk board of the county in which it was produced.
2. No person may come in contact with or be near raw milk before it is sold to the consumer unless the person maintains scrupulous cleanliness and is not afflicted with any communicable disease or in a condition to disseminate any disease which can be transmitted by milk. No person may handle milk to be sold as raw unless he has a physical examination before any employment requiring him to do so and every 3 months thereafter while continuing in the employment.
3. The state board of health shall adopt regulations governing:
(a) Inspections to determine the health of cows and goats which produce milk for sale as raw milk.
(b) Inspections of dairy farms which produce milk for sale as raw milk and establishing minimum standards of cleanliness and sanitation for the farms.
(c) Examinations of all persons who come in contact with raw milk before it is sold to a consumer.
(d) Other matters connected with the production and sale of raw milk which the board deems necessary to protect the public health.
Sec. 4. NRS 584.205 is hereby amended to read as follows:
584.205 1. In addition to the initial inspection of new applicants, the state board of health shall, except as provided in subsection 2, direct a periodic inspection, not less than annually, of all facilities belonging to permittees in order to ascertain whether or not the services, facilities and equipment continue to comply with the regulations referred to in NRS 584.180 and 584.195.
2. [Milk] Except as provided in section 3 of this act and regulations adopted pursuant to that section, milk and milk products, including certified raw milk and products made from it, imported from outside the State of Nevada may be sold in this state without inspection by the health division of the department of human resources if the requirements of paragraph (c) and the requirements of paragraph (a) or paragraph (b) are met:
κ1979 Statutes of Nevada, Page 447 (CHAPTER 297, AB 600)κ
division of the department of human resources if the requirements of paragraph (c) and the requirements of paragraph (a) or paragraph (b) are met:
(a) In the case of certified raw milk and products made from it, they have been produced under standards adopted by the American Association of Medical Milk Commissions and under the statutory provisions of the State of California applicable to such products.
(b) The milk and milk products have been produced, pasteurized, processed, transported and inspected under statutes or regulations substantially equivalent to the Nevada milk and milk products statutes and regulations. [; and]
[(b)] (c) The milk and milk products have been awarded an acceptable milk sanitation, compliance and enforcement rating by a state milk sanitation rating officer certified by the United States Public Health Service.
3. Whenever the health division has reasonable grounds to believe that a seller of milk or milk products, including certified raw milk and products made from it, is violating any of the [rules,] regulations [or specifications promulgated] adopted by the state board of health or any county milk commission relating to the sanitation and grading of milk and milk products, including certified raw milk and products made from it, or that his facilities or products fail to meet the [rules,] regulations, [or specifications,] or that his operation is in any other manner not in the best interests of the people of this state, the health division may conduct a reasonable inspection, and if any violation or other condition inimical to the best interests of the people of this state is found, to take corrective action pursuant to NRS 584.180 to 584.210, inclusive.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 632Committee on Government Affairs
CHAPTER 298
AN ACT relating to public investments; authorizing local governments to invest in certain securities; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.500 is hereby amended to read as follows:
354.500 Cash means cash on hand, cash deposited in banks, insured savings and loan associations which are stock companies and not mutual associations or with county treasurers, cash in transit, demand or time certificates of deposit, treasury bills or notes having a maturity date of 1 year or less, or equivalent assets, including investments set forth in paragraphs (a) [and (b)] , (b), (h) and (i) of subsection 1 of NRS 355.170 acquired under the terms of repurchase agreements providing for the investment of the idle [funds] money of a local government.
κ1979 Statutes of Nevada, Page 448 (CHAPTER 298, AB 632)κ
NRS 355.170 acquired under the terms of repurchase agreements providing for the investment of the idle [funds] money of a local government.
Sec. 2. NRS 355.170 is hereby amended to read as follows:
355.170 1. [A] Except as provided in subsection 2, a board of county commissioners or the governing body of an incorporated city may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which [shall] do not extend more than 10 years from the date of purchase [;] .
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended [;] .
(c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase.
[, when, in the opinion of the board of county commissioners or the governing body of the city, there are sufficient moneys in any fund or funds in such county or city, the use of which for the purpose of purchasing the type of bonds herein referred to will not result in the impairment of such fund or funds for the purposes for which the same were created.]
(d) Obligations of the United States Postal Service or the Federal National Mortgage Association, the maturity date of which is not more than 10 years from the date of purchase.
(e) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations which are stock companies and not mutual associations.
(f) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provisions of Nevada Revised Statutes or by any special law.
[(f)] (g) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to NRS 354.440.
(h) Commercial paper as it is set forth in the Uniform Commercial Code — Commercial Paper, NRS 104.3101 et seq. Eligible commercial paper may not exceed 270 days maturity and must be of prime quality as defined by a nationally recognized organization which rates those securities. It is further limited to issuing corporations with net worth in excess of $50 million which are incorporated under the laws of the United States or any state thereof or the District of Columbia. Purchases of commercial paper may not exceed 10 percent of the money available to a local government for investment.
κ1979 Statutes of Nevada, Page 449 (CHAPTER 298, AB 632)κ
(i) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers acceptances may not exceed 180 days maturity. Purchases of bankers acceptances may not exceed 10 percent of the money available to a local government for investment.
2. The securities described in paragraphs (a) to (c), inclusive, of subsection 1 may be purchased when, in the opinion of the board of county commissioners or the governing body of the city, there is sufficient money in any fund of the county or city to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.
3. When the board of county commissioners or governing body of the city has determined that there [are available moneys] is available money in any fund or funds for the purchase of bonds as set out in subsection 1, [such] those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds [shall] must be credited to the funds in the amounts purchased, and the [moneys] money received from the redemption of [such] the bonds, as and when redeemed, [shall] must go back into the fund or funds from which the purchase money was taken originally.
[3.] 4. Any interest earned on [funds] money invested pursuant to subsection 2 of this section, may, at the discretion of the board of county commissioners or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county or incorporated city.
[4.] 5. The board of county commissioners or governing body of an incorporated city may invest any [moneys] money apportioned into funds and not invested pursuant to subsection 2 of this section and any [moneys] money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which [shall not be] is not more than 1 year from the date of investment. [Such investments shall] These investments must be considered as cash for accounting purposes, and all the interest earned [thereon shall] on them must be credited to the general fund of the county or incorporated city.
[5.] 6. This section does not authorize the investment of [moneys] money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of [such] the contract, agreement or grant.
________
κ1979 Statutes of Nevada, Page 450κ
Senate Bill No. 290Committee on Judiciary
CHAPTER 299
AN ACT relating to probate; extending the means allowed for the proof of service in probate proceedings; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 155.080 is hereby amended to read as follows:
155.080 All proofs of publication or other mode or modes of giving notice or serving papers may be made by the affidavit of any person competent to be a witness, which affidavit [shall] must be filed, and [shall constitute] constitutes prima facie evidence of [such] publication or service, as the case may be. Proof of service may also be made by any means permitted by the Nevada Rules of Civil Procedure.
________
Senate Bill No. 291Committee on Judiciary
CHAPTER 300
AN ACT relating to actions concerning property; authorizing the award of a deficiency judgment directly to the beneficiary of a deed of trust; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 40.455 is hereby amended to read as follows:
40.455 Upon application of the judgment creditor or the [trustee] beneficiary of the deed of trust within 3 months from the date of the foreclosure sale or the trustees sale held pursuant to NRS 107.080, respectively, and after the hearing conducted under NRS 40.457, the court may award a deficiency judgment to the judgment creditor or [trustee] the beneficiary of the deed of trust if it appears from the sheriffs return or the recital of consideration in the trustees deed that there is a deficiency of sale proceeds and a balance remaining due to the judgment creditor or the [trustee,] beneficiary of the deed of trust, respectively.
________
κ1979 Statutes of Nevada, Page 451κ
Senate Bill No. 359Senators Faiss and Echols
CHAPTER 301
AN ACT to amend an act entitled An Act incorporating the City of North Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 26, 1971, as amended.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1.060 of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1211, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
1. A vacancy in the city council or in the office of mayor or municipal judge shall be filled by a majority vote of the members of the city council, or the remaining members in the case of a vacancy in the city council, within 30 days after the occurrence of [such] the vacancy. The appointee shall have the same qualifications as are required of the elective official.
2. No such appointment [shall] may extend beyond the 1st [Monday in] day of July after the next municipal election, at which election the office shall be filled for the remaining unexpired term.
Sec. 2. Section 2.040 of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1213, is hereby amended to read as follows:
Sec. 2.040 Meetings: Quorum.
1. The city council shall hold at least one regular meeting each month, and by ordinance may provide for additional regular meetings.
2. A majority of all members of the city council constitutes a quorum to do business. [, but a lesser number may meet and recess from time to time.]
3. Except as otherwise provided by law, all sessions and all proceedings of the city council [shall be] are public.
Sec. 3. Section 2.050 of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1213, is hereby amended to read as follows:
Sec. 2.050 Meetings: Special.
1. Special meetings may be held on call of the mayor or by a majority of the city council.
2. At a special meeting: [, unless consented to by the entire city council:]
(a) No contract involving the expenditure of money, except emergency purchases, may be made or claim allowed. [unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the city at least 1 day before such meeting.]
κ1979 Statutes of Nevada, Page 452 (CHAPTER 301, SB 359)κ
in a newspaper of general circulation within the city at least 1 day before such meeting.]
(b) No business may be transacted except such as has been stated in the call of the meeting.
(c) No ordinance may be passed except an emergency ordinance, or one specified in section 7.040.
Sec. 4. Section 2.100 of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1214, as amended by chapter 723, Statutes of Nevada 1973, at page 1438, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the city council by title, after which an adequate number of copies of the proposed ordinance shall be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of [such] the filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 1 week [prior to] before the adoption of the ordinance.
2. At the next regular meeting [or adjourned meeting] of the city council following the proposal of an ordinance, it [shall] must be read by title as first introduced, any amendment [shall] must be proposed and voted upon and thereupon the proposed ordinance, with any adopted amendments, [shall] must be finally voted upon or action thereon postponed.
3. Where the ordinance is of a kind specified in section 7.040, by unanimous consent a special meeting may be called for the purpose of taking final action, and by a majority vote of the city council final action may be taken immediately and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published. It shall become effective immediately upon passage.
4. All ordinances [shall] must be signed by the mayor, attested by the city clerk, and [shall] be published in the city, once, by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, before the ordinance, except as otherwise provided in subsection 3, shall become effective. The city council may, by a majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall maintain a record of all ordinances, together with the affidavits of publication by the publisher, until disposed of in accordance with law.
Sec. 5. Section 3.020 of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1219, is hereby amended to read as follows:
Sec. 3.020 City Manager: Powers and duties.
κ1979 Statutes of Nevada, Page 453 (CHAPTER 301, SB 359)κ
1. The city manager [shall be] is the chief administrative officer of the city. He [shall be] is responsible to the city council for the administration of all city affairs placed in his charge by or under this charter.
2. The city manager shall:
(a) Except as otherwise provided by law, this charter, or personnel rules adopted pursuant to this charter, appoint, and when he deems it necessary for the good of the service, discharge or suspend all city employees and appointed administrative officers provided for by this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise the powers enumerated in this paragraph with respect to subordinates in that officers department, office or agency.
(b) Direct and supervise the administration of all departments, offices and agencies of the city, except:
(1) As otherwise provided by law; and
(2) For any department, office or agency whose head is not appointed by the city manager.
(c) Attend all city council meetings and have the right to take part in all discussions. He may not vote.
(d) Be responsible for the enforcement of all laws, provisions of this charter and acts of the city council subject to enforcement by him or by his officers subject to his direction and supervision.
(e) Prepare and submit the annual budget and capital program to the city council.
(f) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year.
(g) Make such other reports as the city council may require concerning the operations of city departments, offices and agencies subject to his direction and supervision.
(h) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs as he deems desirable.
(i) Perform such other duties as are specified in this charter or which may be required by the city council.
Sec. 6. Section 5.080 of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1225, as amended by chapter 723, Statutes of Nevada 1973, at page 1442, is hereby amended to read as follows:
Sec. 5.080 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place [such] the returns in a safe or vault, and no person [shall] may be permitted to handle, inspect or in any manner interfere with [such] the returns until canvassed by the city council.
2. The city council shall meet at any time within 14 days after any election and canvass the returns and declare the result. The election returns [shall] must then be sealed and kept by the city clerk for 6 months, and no person [shall] may have access thereto except on order of a court of competent jurisdiction or by order of the city council.
κ1979 Statutes of Nevada, Page 454 (CHAPTER 301, SB 359)κ
election returns [shall] must then be sealed and kept by the city clerk for 6 months, and no person [shall] may have access thereto except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st [Monday in] day of July next following their election.
4. If any election should result in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
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Senate Bill No. 364Committee on Judiciary
CHAPTER 302
AN ACT relating to estates of deceased persons; removing the requirement of a supporting affidavit for certain small claims against estates; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 147.070 is hereby amended to read as follows:
147.070 1. Every claim for an amount of $250 or more filed with the clerk [shall] must be supported by the affidavit of the claimant that:
(a) The amount is justly due (or if the claim is not yet due, that the amount is just a demand and will be due on the ......................... day of .............................................).
(b) No payments have been made thereon which are not credited.
(c) There are no offsets to the [same] amount demanded to the knowledge of the claimant or other affiant.
2. Every claim filed with the clerk [shall] must contain the mailing address of the claimant. Any written notice mailed by an executor or administrator to the claimant at the address furnished is proper notice.
3. When the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant [shall] must be set forth in the affidavit.
4. The oath may be taken before any officer authorized to administer oaths.
5. The amount of interest [shall] must be computed and included in the statement of the claim and the rate of interest determined.
6. The court may, in its discretion, for good cause shown, allow a defective claim or affidavit to be corrected or amended on application made at any time before the filing of the final account.
________
κ1979 Statutes of Nevada, Page 455κ
Senate Bill No. 368Committee on Judiciary
CHAPTER 303
AN ACT relating to fiduciaries; conferring certain additional powers on fiduciaries and their successors; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 162 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. A successor or substitute fiduciary succeeds to all the powers and duties which the will, deed or other instrument conferred on the original fiduciary with respect to the estate or trust unless the instrument expressly prohibits a successor or substitute from succeeding to those powers and duties.
Sec. 3. The survivor of two or more fiduciaries may continue to administer the property of the estate or trust without the appointment of a successor unless the continued administration by the survivor is contrary to an express provision of the will, deed or other instrument governing the estate or trust.
Sec. 4. At the time for distribution of any property of an estate or trust, the fiduciary may withhold any part or all of the property from the beneficiaries if the fiduciary determines that the property may be subject to conflicting claims, tax deficiencies or other liabilities, contingent or otherwise, relating to the estate or trust.
Sec. 5. Chapter 163 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A trustee may:
1. Join with a decedents surviving spouse, the executor of the decedents will, or the administrator of the decedents estate in the execution and filing of a join income tax return for any period before the decedents death for which the decedent had not filed an income tax or gift tax return on gifts made by the spouse;
2. Consent to treat such gifts as having been made one-half by the decedent for any period before his death; and
3. Pay such taxes thereon as are chargeable to the decedent.
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κ1979 Statutes of Nevada, Page 456κ
Senate Bill No. 468Committee on Government Affairs
CHAPTER 304
AN ACT relating to economic development revenue bonds; modifying the requirement of a financial rating of certain persons; and providing other matters properly relating thereto.
[Approved May 9, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.920 is hereby amended to read as follows:
244.920 1. After holding a public hearing [or hearings,] as provided in NRS 244.9199, the board of county commissioners shall proceed no further unless or until by resolution it:
(a) Determines the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;
(b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued; [and]
(c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing a rating within one of the top four rating categories of either Moodys Investor Service, Inc. or Standard and Poors Corporation, except that a public utility regulated by the public service commission of Nevada is not required to furnish that evidence; and
(d) Determines that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement.
2. The board may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the board desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting [such] the approval, the board of county commissioners shall transmit to the state board of finance all evidence received pursuant to subsection 1.
3. If any part of the project or improvements is to be constructed by a lessee or [a lessees designee or] his designee, a purchaser or [a purchasers] his designee or an obligor or [an obligors] his designee, the board shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by the county will be expended solely for the purposes of the project.
[4. Prior to the issuance of the bonds, the board shall receive evidence that the contemplated lessee or purchaser, or other enterprise which guarantees principal and interest payments, has received, within the 12 months preceding the issuance of the bonds, a rating within one of the top four rating categories of either Moodys Investor Service, Inc.,
κ1979 Statutes of Nevada, Page 457 (CHAPTER 304, SB 468)κ
or Standard and Poors Corporation, except that a public utility regulated by the public service commission of Nevada is not required to furnish such evidence.]
Sec. 2. NRS 268.530 is hereby amended to read as follows:
268.530 1. After holding a public hearing [or hearings,] as provided in NRS 268.528, the governing body shall proceed no further unless or until by resolution it:
(a) Determines the total amount of money necessary to be provided by the city for the acquisition, improvement and equipment of the project;
(b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued; [and]
(c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing a rating within one of the top four rating categories of either Moodys Investor Service, Inc. or Standard and Poors Corporation, except that a public utility regulated by the public service commission of Nevada is not required to furnish that evidence; and
(d) Determines that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement.
2. The governing body may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the governing body desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting [such] the approval, the governing body shall transmit to the state board of finance all evidence received pursuant to subsection 1.
3. If any part of the project or improvements is to be constructed by a lessee or [a lessees designee or] his designee, a purchaser or [a purchasers] his designee or an obligor or [an obligors] his designee, the governing body shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by the city will be expended solely for the purposes of the project.
[4. Prior to the issuance of the bonds, the governing body shall receive evidence that the contemplated lessee or purchaser, or other enterprise which guarantees principal and interest payments, has received, within the 12 months preceding the issuance of the bonds, a rating within one of the top four rating categories of either Moodys Investor Service, Inc., or Standard and Poors Corporation, except that a public utility regulated by the public service commission of Nevada is not required to furnish such evidence.]
Sec. 3. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 458κ
Senate Bill No. 99Committee on Judiciary
CHAPTER 305
AN ACT relating to civil actions for wrongful death; consolidating various statutory provisions; clarifying the damages recoverable in those actions; and providing other matters properly relating thereto.
[Approved May 9, 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 a new section which shall read as follows:
1. As used in this section, heir means a person who, under the laws of this state, would be entitled to succeed to the separate property of the decedent if he had died intestate.
2. When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against his personal representatives, whether the wrongdoer died before or after the death of the person he injured. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for his conduct, the action may be maintained against that other person, or if he is dead against his personal representatives.
3. An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by his personal representatives which arose out of the same wrongful act or neglect may be joined.
4. The heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for his grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.
5. The damages recoverable by the personal representatives of a decedent on behalf of his estate include:
(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before his death, and funeral expenses; and
(b) Any penalties that the decedent would have recovered if he had lived,
but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.
Sec. 2. NRS 41.100 is hereby amended to read as follows:
41.100 1. [Causes of action, whether suit has been brought upon the same or not, in favor of the injured party for personal injuries other than those resulting in death, whether such injuries be to the health or to the reputation or to the person of the injured party, shall not abate by reason of his death nor by reason of the death of the person against whom such cause of action shall have accrued; but in the case of the death of either or both, such cause of action shall survive to and in favor of the heirs and legal representatives of such injured party and against the person, receiver or corporation liable for such injuries, and his or its legal representatives; and so surviving such cause of action may be hereafter prosecuted in like manner and with like legal effect as would a cause of action for injuries to or destruction of personal property.
κ1979 Statutes of Nevada, Page 459 (CHAPTER 305, SB 99)κ
to the reputation or to the person of the injured party, shall not abate by reason of his death nor by reason of the death of the person against whom such cause of action shall have accrued; but in the case of the death of either or both, such cause of action shall survive to and in favor of the heirs and legal representatives of such injured party and against the person, receiver or corporation liable for such injuries, and his or its legal representatives; and so surviving such cause of action may be hereafter prosecuted in like manner and with like legal effect as would a cause of action for injuries to or destruction of personal property.
2. The court or jury in every such action may give such damages, pecuniary and exemplary, as it shall deem fair and just. Every person entitled to maintain such action, and every person for whose benefit such action is brought, may prove his respective damages, and the court or jury may award such person that amount of damages to which it considers such person entitled, including damages for loss of probable future companionship, society and comfort.
3. Nothing in this section shall be construed to make such causes of action assignable, nor may an insurer obtain a trust or loan receipt from an insured prior to making medical payments to the insured under an insurance policy.
4. The provisions of this section shall] Except as provided in this section, no cause of action is lost by reason of the death of any person, but may be maintained by or against his executor or administrator.
2. In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if he had lived, except damages awardable under NRS 42.010 or other damages imposed primarily for the sake of example or to punish the defendant.
3. Except as provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by his executor or administrator include all losses or damages which the decedent incurred or sustained before his death, including any penalties or punitive and exemplary damages which the decedent would have recovered if he had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium. This subsection does not apply to the cause of action of the decedent brought by his personal representatives for his wrongful death.
4. This section does not prevent subrogation suits under the terms and conditions of an uninsured motorists provision of an insurance policy.
Sec. 3. NRS 698.180 is hereby amended to read as follows:
698.180 Survivor means [a person identified in NRS 12.090 as one] an heir of the decedent and a personal representative of the decedent who is entitled to receive benefits by reason of the death of [another person.] the decedent.
Sec. 4. NRS 12.090, 41.080, 41.090, 41.110 and 41.120 are hereby repealed.
________
κ1979 Statutes of Nevada, Page 460κ
Assembly Bill No. 338Committee on Judiciary
CHAPTER 306
AN ACT relating to privileges; authorizing the testimony of one spouse in a criminal proceeding against the other, as to events which occurred before the marriage; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 49.295 is hereby amended to read as follows:
49.295 1. Except as provided in [subsection 2] subsections 2 and 3 and NRS 49.305:
(a) A husband cannot be examined as a witness for or against his wife without her consent, nor a wife for or against her husband without his consent.
(b) Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage.
2. The provisions of subsection 1 do not apply to a:
(a) Civil proceeding brought by or on behalf of one spouse against the other spouse;
(b) Proceeding to commit or otherwise place his spouse, the property of his spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
(c) Proceeding brought by or on behalf of a spouse to establish his competence;
(d) Proceeding in the juvenile court pursuant to chapter 62 of NRS; or
(e) Criminal proceeding in which one spouse is charged with:
(1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether such crime was committed before or during marriage.
(2) Bigamy or incest.
(3) A crime related to abandonment of a child or nonsupport of a wife or child.
3. The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the husband and wife were married.
________
κ1979 Statutes of Nevada, Page 461κ
Assembly Bill No. 526Assemblyman Getto
CHAPTER 307
AN ACT relating to justices of the peace; authorizing substitution of a police judge when a justice of the peace is disqualified or unable to serve, in counties having a population of 100,000 or less; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 4 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In counties having a population of 100,000 or less, if the justice of the peace is disqualified by reason of being a party to or interested in a proceding pending in the justices court or of being related to the defendant, plaintiff or complaining witness in the proceeding by consanguinity or affinity within the third degree, or in any case of his sickness, absence or inability to act, and if a substitute justice of the peace has not been obtained pursuant to NRS 4.340, a police judge of a municipal court of any city in the county may, on the written request of the chairman of the board of county commissioners, serve in place of the justice of the peace.
________
Assembly Bill No. 605Assemblymen Hayes and Sena
CHAPTER 308
AN ACT relating to the civil liability of parents and guardians; increasing the amount of that liability for certain willful misconduct of minors; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41.470 is hereby amended to read as follows:
41.470 1. Any act of willful misconduct of a minor which results in any injury or death to another person or injury to the private property of another or to public property [shall be] is imputed to the parents or guardian having custody and control of the minor for all purposes of civil damages, and [such] the parents or guardian having custody or control [shall be] are jointly and severally liable with the minor for all damages resulting from [such] the willful misconduct.
2. The joint and several liability of one or both parents or guardian having custody or control of a minor under this section shall not exceed [$3,000] $10,000 for any such act of willful misconduct of the minor.
3. The liability imposed by this section is in addition to any liability now imposed by law.
________
κ1979 Statutes of Nevada, Page 462κ
Assembly Bill No. 669Committee on Judiciary
CHAPTER 309
AN ACT relating to trial jurors; allowing service of summons by ordinary mail; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 6.090 is hereby amended to read as follows:
6.090 1. To constitute a regular panel of trial jurors for the district court such number of names as the district judge may direct [shall] must be drawn from the jury box. The district judge [must] shall make and file with the county clerk an order that a regular panel of trial jurors be drawn, and the number of jurors to be drawn must be named in the order. The drawing [shall] must take place in the office of the county clerk, during regular office hours, in the presence of all persons who may choose to witness it. The panel [shall] must be drawn by the district judge and clerk, or, if the district judge so directs, by any one of the county commissioners of the county and the clerk. If the district judge directs that the panel be drawn by one of the county commissioners of the county and the clerk, the district judge [must] shall make and file with the clerk an order designating the name of the county commissioner and fixing the number of names to be drawn as trial jurors and the time at which the persons whose names are so drawn [shall be] are required to attend in court.
2. The drawing [shall] must be conducted as follows:
(a) The number to be drawn having been previously determined by the district judge, the box containing the names of the jurors [shall] must first be thoroughly shaken. It [shall] must then be opened and the district judge and clerk, or one of the county commissioners of the county and the clerk, if the district judge has so ordered, shall alternately draw therefrom one ballot until of nonexempt jurors the number determined upon is obtained.
(b) If the officers drawing the jury deem that the attendance of any juror whose name is so drawn cannot be obtained conveniently and inexpensively to the county, by reason of the distance of his residence from the court or other cause, his name may [, in the discretion of the officers,] be returned to the box and in its place the name of another juror drawn whose attendance the officers may deem can be obtained conveniently and inexpensively to the county.
(c) A list of the names so obtained [shall] must be made out and certified by the officers drawing the jury. [, which list shall] The list must remain in the clerks office subject to inspection by any officer or attorney of the court, and the clerk shall immediately issue a venire.
3. Every person named in the venire [shall] must be served by the sheriff either personally or by mailing a summons to [such] the person, commanding him to attend as a juror at a time and place designated therein. If the summons is mailed, it [shall be certified and] must have the postage fully prepaid and be deposited in the post office, addressed to [such] the person at his usual post office address.
κ1979 Statutes of Nevada, Page 463 (CHAPTER 309, AB 669)κ
to [such] the person at his usual post office address. [The receipt of the person so addressed for the certified summons shall be regarded as personal service of the summons upon such person.] Mileage [shall be] is allowed only for personal service. The postage [and certification fee shall] must be paid by the sheriff and allowed him as other claims against the county. The sheriff shall make return of the venire at least the day before the day named for their appearance, after which the venire [shall be] is subject to inspection by any officer or attorney of the court.
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Assembly Bill No. 735Assemblymen Rusk, Westall, Malone, Webb, Price, Mello, Dini, Barengo, Weise, Wagner, Tanner, Hickey, Marvel, Bergevin and Fielding
CHAPTER 310
AN ACT relating to jails; requiring a prisoner to pay the cost of medical treatment for any self-inflicted injury; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 211.140 is hereby amended to read as follows:
211.140 1. The sheriff of each county has charge and control over all prisoners committed to his care in the respective county jails, and the chiefs of police and town marshals in the several cities and towns throughout this state have charge and control over all prisoners committed to their respective city and town jails.
2. The sheriffs, chiefs of police and town marshals [, and each of them,] shall see that the prisoners under their care are at all times kept at labor on the public works in their respective counties, cities and towns, at least 6 hours a day during 6 days of the week, when the weather permits when required by the board of county commissioners or metropolitan police commission, by the mayor and board of aldermen of their respective cities or by the board of trustees of their respective towns.
3. Public works as used in NRS 211.120 to 211.170, inclusive, means the construction, repair, or cleaning of any streets, road, sidewalks, public square, park, building, cutting away hills, grading, putting in sewers, or other work whatever, which is or may be authorized to be done by and for the use of any of the counties, cities or towns, and the expense of which is not to be borne exclusively by persons or property particularly benefited thereby.
4. The sheriff, chief of police or town marshal shall arrange for the administration of such medical care as may be required by prisoners committed to his custody. The county, city or town, or the metropolitan police department where one exists, shall pay the cost of appropriate medical:
(a) Treatment for injuries incurred by a prisoner during his arrest for commission of a public offense or while he is in custody;
κ1979 Statutes of Nevada, Page 464 (CHAPTER 310, AB 735)κ
(b) Treatment for any infectious, contagious or communicable disease which the prisoner contracts while he is in custody; and
(c) Examinations required by law or by court order unless the order otherwise provides.
5. A prisoner shall pay the cost of medical treatment for:
(a) Injuries incurred by the prisoner during his commission of a public offense;
(b) Injuries or illnesses which existed before the prisoner was taken into custody; [and]
(c) Self-inflicted injuries; and
(d) Except treatment provided pursuant to subsection 4, any other injury or illness incurred by the prisoner.
6. A health and care facility furnishing treatment pursuant to subsection 5 shall attempt to collect the cost of the treatment from the prisoner or his insurance carrier. If the facility is unable to collect the cost and certifies to the appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.
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Senate Bill No. 122Senator Lamb
CHAPTER 311
AN ACT relating to pari-mutuel betting; increasing the commission deducted and the tax payable by a licensee; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 464.040 is hereby amended to read as follows:
464.040 1. The commission deducted from pari-mutuels by any licensee licensed under the provisions of this chapter [shall] must not exceed [13] 18 percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license.
2. Each licensee shall pay to the Nevada gaming commission for the use of the State of Nevada a tax at the rate of [2] 3 percent on the total amount of money wagered on any racing or sporting event except horse racing and dog racing.
3. The licensee may deduct odd cents less than 10 cents per dollar in paying bets.
4. The amount paid to the Nevada gaming commission [shall] must be, after deducting costs of administration which [shall] must not exceed 5 percent of the amount collected, paid over by the Nevada gaming commission to the state treasury for deposit in the general fund.
________
κ1979 Statutes of Nevada, Page 465κ
Senate Bill No. 158Senators Blakemore, Neal, Dodge and Glaser
CHAPTER 312
AN ACT relating to property tax; providing for the conveyance of an undivided interest in an allotment of Indian land upon which taxes are delinquent; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any Indian tribe may acquire property held in trust by the county treasurer if:
(a) The property is an undivided interest in Indian land which is allotted to members of the tribe;
(b) The taxes due on the property are delinquent; and
(c) The period of redemption has expired.
2. The tribe must apply to the board of county commissioners of the county in which the property is located for permission to acquire the property under this section.
3. If the board of county commissioners is satisfied that all of the conditions specified in subsection 1 are met, it may order the county treasurer to convey the property to the tribe without consideration.
Sec. 2. NRS 361.585 is hereby amended to read as follows:
361.585 1. When the time allowed by law for redemption has expired, and no redemption has been made, the tax receiver who issued the certificate, or his successor in office, shall execute and deliver to the county treasurer a deed of the property described in each respective certificate in trust for the use and benefit of the state and county and any officers having fees due him in such cases.
2. The county treasurer and his successors in office, upon obtaining a deed of any property in trust under the provisions of this chapter, shall hold [such] that property in trust until [the same] it is sold or otherwise disposed of pursuant to the provisions of this chapter.
3. Notwithstanding the provisions of NRS 361.595 or 361.603, at any time during the 90-day period specified in NRS 361.603, or [prior to] before the public notice of sale by a county treasurer, pursuant to NRS 361.595, of any property held in trust by him by virtue of any deed made pursuant to the provisions of this chapter, any person or persons specified in subsection 4 is entitled to have such property reconveyed upon payment to the county treasurer of an amount equal to the taxes accrued, together with any costs, penalties and interest legally chargeable against such property. A reconveyance shall not be made after expiration of the 90-day period specified in NRS 361.603 or after commencement of posting or publication of public notice pursuant to NRS 361.595.
4. Property may be reconveyed pursuant to subsection 3 to one or more of the persons specified in the following categories, or to one or more persons within a particular category, as their interests may appear of record:
κ1979 Statutes of Nevada, Page 466 (CHAPTER 312, SB 158)κ
or more persons within a particular category, as their interests may appear of record:
(a) The owner.
(b) The beneficiary under a deed of trust.
(c) The mortgagee under a mortgage.
(d) The person to whom the property was assessed.
(e) The person holding a contract to purchase the property [prior to] before its conveyance to the county treasurer.
(f) The successor in interest of any person specified in this subsection.
5. The provisions of this section apply to land held in trust by a county treasurer on or after April 17, 1971.
Sec. 3. NRS 361.590 is hereby amended to read as follows:
361.590 1. If the property is not redeemed within the time allowed by law for its redemption, the tax receiver or his successor in office must make to the county treasurer as trustee for the state and county a deed of the property, reciting in the deed substantially the matters contained in the certificate of sale or, in the case of a conveyance under section 1 of this act, the order of the board of county commissioners, and that no person has redeemed the property during the time allowed for its redemption.
2. [Such deeds issued after July 1, 1955, shall] The deed must be recorded in the office of the county recorder within 30 days from the date of expiration of the period of redemption.
3. All such deeds [, whether issued before or after July 1, 1955,] are primary evidence that:
(a) The property was assessed as required by law.
(b) The property was equalized as required by law.
(c) The taxes were levied in accordance with law.
(d) The taxes were not paid.
(e) At a proper time and place the property was sold or otherwise disposed of as prescribcd by law, and by the proper officer.
(f) The property was not redeemed.
(g) The person who executed the deed was the proper officer.
(h) Where the real estate was sold to pay taxes on personal property, the real estate belonged to the person liable to pay the tax.
4. Such deeds are (except as against actual fraud) conclusive evidence of the regularity of all other proceedings, from the assessment by the county assessor up to the execution of the deed.
5. Such deed conveys to the county treasurer as trustee for the state and county the property described therein, free of all encumbrances, except any lien for any taxes or assessments [levied before or after July 1, 1955,] by any irrigation or other district for irrigation or other district purposes, and except interest and penalties on the same, except when the land is owned by the United States or this state, in which case it is prima facie evidence of the right of possession accrued as of the date of the deed to the purchaser, but without prejudice to the lien for such other taxes or assessments or the claim of any such district for such interest or penalties.
κ1979 Statutes of Nevada, Page 467 (CHAPTER 312, SB 158)κ
6. No tax assessed [before or after July 1, 1955,] upon any property, or sale therefor, [shall] may be held invalid by any court of this state on account of:
(a) Any irregularity in any assessment; or
(b) Any assessment or tax roll not having been made or proceeding had within the time required by law; or
(c) Any other irregularity, informality, omission, mistake or want of any matter of form or substance in any proceedings which the legislature might have dispensed with in the first place if it had seen fit so to do, and that does not affect the substantial property rights of persons whose property is taxed.
All such proceedings in assessing and levying taxes, and in the sale and conveyance therefor, shall be presumed by all the courts of this state to be legal until the contrary is shown affirmatively.
Sec. 4. NRS 361.595 is hereby amended to read as follows:
361.595 1. Any property held in trust by any county treasurer by virtue of any deed made pursuant to the provisions of this chapter may be sold and conveyed in the manner prescribed in this section and in NRS 361.603 [.] or conveyed without sale as provided in section 1 of this act.
2. [The] If the property is to be sold, the board of county commissioners may make an order, to be entered on the record of its proceedings, directing the county treasurer to sell the property particularly descried therein, after giving notice of sale, for a total amount not less than the amount of taxes, costs, penalties and interest legally chargeable against such property as stated in the order.
3. Notice of such sale [shall] must be posted in at least three public places in the county, including one at the courthouse and one on the property, for a period of not less than 20 days [prior to] before the day of sale or, in lieu of such posting, by publication of such notice for a like period of time in some newspaper published within the county, if the board of county commissioners shall so direct by its order.
4. Upon compliance with such order the county treasurer shall make, execute and deliver to any purchaser, upon payment to him, as trustee, of a consideration not less than that specified in the order, an absolute deed, discharged of any trust of the property mentioned in such order.
5. Before delivering any such deed, the county treasurer shall record the same at the expense of the purchaser.
6. All such deeds, whether issued before or after July 1, 1955, are primary evidence of the regularity of all proceedings relating to the order of the board of county commissioners, the notice of sale and the sale of the property; but no such deed [shall] may be executed and delivered by the county treasurer [after July 1, 1955,] until he [shall have filed] files at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of the notice of sale, as the case may be, together with his return of sale, duly verified, showing compliance with the order of the board of county commissioners, which return [shall constitute] constitutes primary evidence of the facts recited therein.
κ1979 Statutes of Nevada, Page 468 (CHAPTER 312, SB 158)κ
board of county commissioners, which return [shall constitute] constitutes primary evidence of the facts recited therein.
7. If such deed when regularly issued is not recorded in the office of the county recorder, such deed, and all proceedings relating thereto, [shall be] is void as against any subsequent purchaser in good faith and for a valuable consideration of the same property, or any portion thereof, when his own conveyance [shall be] is first duly recorded.
8. The board of county commissioners shall provide its clerk with a record book in which shall be indexed the name of each purchaser, together with the date of sale, a description of the property sold, a reference to the book and page of the minutes of the board of county commissioners where the order of sale is recorded, and the file number of the affidavits and return.
________
Senate Bill No. 226Senator Jacobsen
CHAPTER 313
AN ACT to amend an act entitled An Act relating to Douglas County; authorizing the county to levy, collect and otherwise administer lodgers occupancy taxes; providing for exemptions thereto, the collection of delinquencies, penalties, the purposes for which such tax proceeds may be expended, and other details pertaining thereto; providing for airport facilities, for recreational facilities and for the issuance of bonds and other securities by the county in connection with airport facilities; providing for the creation of a commission relating to airport facilities, recreational facilities or such combined facilities, the procedure to be followed in the organization and reorganization, and the composition, powers and duties of such commission, providing civil and criminal penalties; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection therewith; and providing other matters properly relating thereto, approved April 28, 1969.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 34 of the above-entitled act, being chapter 639, Statutes of Nevada 1969, at page 1255, is hereby amended to read as follows:
Sec. 34. Use of tax proceeds. 1. Subject to the provisions of section 35 of this act, the municipality may use the proceeds of its occupancy tax, if any, at any time or from time to time, as the governing body may determine, but subject to any contractual limitations pertaining to such tax proceeds, to defray costs of:
(a) The collection and other administration of the occupancy tax;
(b) The planning, establishment, acquisition, improvement, equipment, repair, operation and maintenance (or any combination thereof) of:
(1) Municipal airport facilities; or
(2) Municipal recreational facilities; or
(3) Combined facilities;
κ1979 Statutes of Nevada, Page 469 (CHAPTER 313, SB 226)κ
(c) The acquisition, improvement, repair, operation, maintenance and disposal (or any combination thereof) of property for such airport facilities, such recreational facilities, or such combined facilities or appurtenant or incidental thereto, including without limitation sites, buildings, fixtures, other structures, other improvements and equipment therefor;
(d) Reasonably advertising, publicizing and promoting the recreational facilities for the attraction of tourists and vacationists to the county; or
(e) All or any combination of the foregoing purposes or transactions stated in this subsection.
2. Except as may be otherwise provided in any ordinance or other proceedings authorizing the issuance of or otherwise pertaining to outstanding municipal airport bonds or other outstanding municipal airport securities [:
(a) The] , the proceeds of the municipal occupancy tax may be held in a reserve account or reserve accounts as the governing body may determine for use subsequently for any one, all or any combination of the purposes or transactions stated in subsection 1. [: and
(b) If in any fiscal year proceeds of the municipal occupancy tax are not expended for municipal airport purposes, not less than 75 percent of the proceeds expended in such year shall be expended for the acquisition or improvement of capital improvements for recreational facilities.]
________
Senate Bill No. 289Committee on Judiciary
CHAPTER 314
AN ACT relating to easements for the collection of solar energy; providing for creation of such an easement; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. An easement for collection of solar energy may be created by a grant from the owner of neighboring land to the owner of land on which equipment for the collection of solar energy has been or is planned to be installed.
2. The easement is an interest in real property.
3. The grant must be expressed in a written instrument, signed by the grantor. When acknowledged, the instrument must be recorded by the county recorder in the county where the burdened and benefited lands are situated.
4. The instrument must include a description of:
(a) The burdened and benefited lands.
κ1979 Statutes of Nevada, Page 470 (CHAPTER 314, SB 289)κ
(b) The location, size and periods of operation of the equipment to be used in collection the solar energy.
(c) The open area to be preserved for passage of direct solar radiation across the burdened land to the collecting equipment, by dimensions or bearings from the collecting equipment or by a statement that no obstructions which cast a shadow on the equipment during its periods of operation are allowed on the burdened land.
Sec. 3. 1. An easement for the collection of solar energy becomes vested in a grantee upon the recording of the grant.
2. The easement is appurtenant to the benefited land. The benefit of the easement passes with the benefited land and the burden of the easement passes with the burdened land upon any transfer, voluntary or involuntary, of the respective lands.
Sec. 4. An easement for the collection of solar energy:
1. Terminates upon the expiration of a period of limitation specified in the grant creating the easement.
2. Terminates upon recording of a release of the easement by the owner of the benefited land.
3. May be modified or extinguished by an order of a court based upon principles of equity, changes in conditions or abandonment.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 329Committee on Finance
CHAPTER 315
AN ACT relating to the oil, gas and mining board; providing a salary of $40 per day for its members; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 513.061 is hereby amended to read as follows:
513.061 1. There is hereby created in the division the oil, gas and mining board consisting of seven members appointed by the governor.
2. The members of the board [shall] must be appointed as follows:
(a) Four members shall represent the mining industry;
(b) One member shall represent the oil and gas industry; and
(c) Two members shall represent the general public.
3. Except for the initial terms, the appointments shall be for terms of 4 years.
4. [Any vacancy shall be filled by the governor for the unexpired term.
5.] Members of the board [receive no compensation but are entitled to receive] are entitled to receive a salary of $40 for each day while engaged in the business of the board and the travel expenses and subsistence allowances provided by law.
[6.] 5. The members of the board shall select a chairman from among their number.
________
κ1979 Statutes of Nevada, Page 471κ
Senate Bill No. 340Committee on Finance
CHAPTER 316
AN ACT authorizing the state public defender to collect certain amounts from the counties for the use of his services; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state public defender may collect not more than the following amounts from the counties for use of his services:
For the fiscal year For the fiscal year
ending June 30, ending June 30,
1980 1981
CARSON CITY............................... $60,432.09 $61,200.15
CHURCHILL................................... 16,397.51 16,605.91
DOUGLAS....................................... 48,266.88 48,880.30
ELKO................................................ 29,533.95 29,909.29
ESMERALDA................................. 4,051.02 4,102.50
EUREKA.......................................... 2,025.51 2,051.25
HUMBOLDT................................... 24,306.11 24,615.02
LANDER.......................................... 12,153.06 12,307.51
LINCOLN......................................... 7,975.44 8,076.80
LYON............................................... 15,772.64 15,973.08
MINERAL....................................... 13,643.83 13,817.23
NYE.................................................. 12,787.10 12,949.50
PERSHING....................................... 15,189.85 15,384.38
STOREY........................................... 1,014.46 1,025.82
WHITE PINE................................... 10,127.55 10,256.26
________
Senate Bill No. 344Senator Dodge
CHAPTER 317
AN ACT relating to vital statistics; providing for issuance of birth certificates to replace evidences of birth written in a language other than English; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 440 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A person whose birth certificate or other evidence of birth is written in a language other than English, or the parent or guardian of the person, may apply to the state registrar for a birth certificate in the English language.
κ1979 Statutes of Nevada, Page 472 (CHAPTER 317, SB 344)κ
2. Application for a birth certificate pursuant to this section must be made in writing on a form supplied by the state registrar and be accompanied by:
(a) The document for which a replacement is sought.
(b) A translation of the document.
(c) An affidavit executed by the translator before a person who is authorized to administer oaths, attesting to the accuracy of the translation.
(d) A certificate from the United States Immigration and Naturalization Service which establishes that the person who is the subject of the document has entered the United States legally.
(e) The fee required by this chapter for the making and certification of the record of any birth by the state registrar.
3. When he receives an application and the documents required by this section, the state registrar shall prepare a birth certificate and clearly mark it on its face: ISSUED TO REPLACE A BIRTH RECORD FROM ........................................ IN THE ........................................ LANGUAGE.
Sec. 2. NRS 440.310 is hereby amended to read as follows:
440.310 1. Whenever the state registrar receives a report of adoption, amendment or annulment of adoption filed in accordance with the provisions of NRS 127.157 [,] or the laws of another state or foreign country, [upon receipt of] or a certified copy of the adoption decree he shall prepare a supplementary certificate of birth in the new name of the adopted person which shows the adoptive parents as the parents, and, except as provided in subsection 2, seal and file the report or decree and the original certificate of birth. [with the certified copy of the adoption decree attached to the certificate.]
2. Whenever the state registrar receives a report of adoption, amendment or annulment of an order or decree of adoption from a court concerning a person born outside this state, the report [shall] must be forwarded to the office responsible for vital statistics in the persons state of birth. If the birth occurred in a foreign country, the report [shall] must be returned to the attorney or agency handling the adoption for submission to the appropriate federal agency [.] unless a birth certificate has been prepared pursuant to section 1 of this act, in which case the state registrar shall, if he receives evidence that:
(a) The person being adopted is a citizen of the United States; and
(b) The adoptive parents are residents of Nevada,
prepare a supplementary certificate of birth as described in subsection 1.
3. Sealed documents may be opened only upon an order of the court issuing the adoption decree, expressly so permitting, pursuant to a petition setting forth the reasons therefor.
4. Upon the receipt of a certified copy of a court order of annulment of adoption, the state registrar shall restore the original certificate to its original place in the files.
________
κ1979 Statutes of Nevada, Page 473κ
Senate Bill No. 435Committee on Finance
CHAPTER 318
AN ACT amending the general appropriation made for the supreme court by transferring a certain amount from the sum specifically appropriated for the court to the sum specifically appropriated for the state board of pardons commissioners; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 18 of chapter 574, Statutes of Nevada 1977, at page 1468, is hereby amended to read as follows:
Sec. 18. Supreme Court of Nevada.
For the support of the supreme court of Nevada ...................................... $1,030,425 [$1,092,224]................................... $1,079,824
For the support of the state board of pardons commissioners............................. 15,794.......................................... [13,500] 25,900
For the support of the law library.... 187,401........................................... 196,866
For the support of the commissions on judicial selection and discipline.............. 17,100............................................. 18,200
For the support of the retired justice duty fund ............................................. 25,000 25,000
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 448Committee on Judiciary
CHAPTER 319
AN ACT relating to the department of prisons; authorizing the director to transfer certain offenders to correctional institutions outside Nevada; and providing other matters properly relating thereto.
[Approved May 10, 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:
κ1979 Statutes of Nevada, Page 474 (CHAPTER 319, SB 448)κ
The director may transfer to a correctional institution of another state any offender who is sentenced in that state to serve a term of imprisonment which is concurrent with and at least as long as the term which the offender would otherwise serve in Nevada.
________
Senate Bill No. 165Committee on Judiciary
CHAPTER 320
AN ACT relating to gaming licensing and control; prohibiting affiliates of licensees from paying remuneration to, contracting with or employing certain unsuitable and unlicensed persons; eliminating an exemption from requirements for suitable or licensing; permitting certain agreements if the prior approval of the gaming control commission is obtained; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 463.165 is hereby amended to read as follows:
463.165 1. Except for persons associated with licensed corporations and required to be licensed by NRS 463.530, each employee, agent, guardian, personal representative, lender or holder of indebtedness of a gaming licensee who, in the opinion of the commission, has the power to exercise a significant influence over the licensees operation of a gaming establishment may be required to apply for a license.
2. A person required to be licensed pursuant to subsection 1 shall apply for a license within 30 days after the commission requests that he do so.
3. If an employee required to be licensed under subsection 1:
(a) Does not apply for a license within 30 days after being requested to do so by the commission, and the commission makes a finding of unsuitability for such reason;
(b) Is denied a license because of a lack of good character, honesty or integrity; or
(c) Has his license revoked by the commission,
the gaming licensee by whom he is employed shall terminate his employment upon notification by registered or certified mail to the licensee of such action.
4. A gaming licensee or an affiliate of the licensee shall not pay to a person who has been terminated pursuant to subsection 3 [of this section] any remuneration for any service except for amounts due for services rendered before the date of receipt of notice of such action by the commission. Any contract or agreement for personal services or for the conduct of any activity at the licensed gaming establishment between a gaming licensee or an affiliate of the licensee and a person terminated pursuant to subsection 3 is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee or registered holding company upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise.
κ1979 Statutes of Nevada, Page 475 (CHAPTER 320, SB 165)κ
on the part of the licensee or registered holding company upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
5. A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the commission, enter into any contract or agreement [, except a bona fide entertainment contract,] with a person who is found unsuitable or who is denied a license because of lack of good character, honesty or integrity or whose license is revoked by the commission or with any business enterprise under the control of that person after the date of receipt of notice of such action by the commission. Every contract or agreement for personal services to a gaming licensee or an affiliate or for the conduct of any activity at a licensed gaming establishment shall be deemed to include a provision for its termination without liability on the part of the licensee or registered holding company upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
6. A gaming licensee or an affiliate of the licensee shall not employ [, except as a bona fide entertainer,] any person who is found unsuitable, who has been denied a license because of a lack of good character, honesty or integrity or whose license is revoked by the commission after the date of receipt of notice of such action by the commission, without prior approval of the commission.
7. As used in this section, affiliate means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a gaming licensee.
Sec. 2. NRS 463.645 is hereby amended to read as follows:
463.645 If any person who is required by or pursuant to this chapter to be licensed or found suitable because of his connection with a corporate licensee, holding company or intermediary company, including a publicly traded corporation, fails to apply for a license or a finding of suitability after being requested to do so by the commission or is denied a license or a finding of suitability because of a lack of good character, honesty or integrity, or if his license or finding of suitability is revoked, the corporate licensee, holding company [or] , intermediary company or any person who directly or indirectly controls, is controlled by or is under common control with the corporate licensee, holding company or intermediary company shall not, after receipt of written notice from the commission:
1. Pay him any remuneration for any service relating to the activities of a corporate licensee, except for amounts due for services rendered before the date of receipt of notice of such action by the commission. Any contract or agreement for personal services or the conduct of any activity at a licensed gaming establishment [, except a bona fide entertainment contract,] between a former employee whose employment was terminated because of failure to apply for a license or a finding of suitability, denial of a license or finding of suitability because of a lack of good character, honesty or integrity, or revocation of a license or a finding of suitability, or any business enterprise under the control of that employee and the corporate licensee, holding or intermediary company or registered publicly traded corporation is subject to termination.
κ1979 Statutes of Nevada, Page 476 (CHAPTER 320, SB 165)κ
honesty or integrity, or revocation of a license or a finding of suitability, or any business enterprise under the control of that employee and the corporate licensee, holding or intermediary company or registered publicly traded corporation is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
2. Enter into any contract or agreement with him or with a business organization under his control which involves the operations of a corporate licensee, [except a bona fide entertainment contract.] without the prior approval of the commission.
3. Employ him [, except as a bona fide entertainer,] in any position involving the activities of a corporate licensee [,] without prior approval of the commission.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 275Senator Wilson
CHAPTER 321
AN ACT relating to industrial insurance; requiring the Nevada industrial commission and the rehabilitation division of the department of human resources to conclude annual agreements for rehabilitation services to disabled persons; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.223 is hereby amended to read as follows:
616.223 1. Subject to the provisions of this section, the commission [is authorized to] shall each year enter into [cooperative agreements] a cooperative agreement with the rehabilitation division of the department of human resources [for the benefit of] , and may annually enter into agreements with other agencies to benefit disabled employees entitled to compensation and benefits pursuant to the provisions of this chapter [.] by best using the resources of each agency to provide rehabilitation services and to enable those employees and other disabled persons to enter or return to gainful employment.
2. Among other things [such] the cooperative agreements [may] must provide [that:
(a) With the consent of the disabled employee, the compensation and money benefits due him under the provisions of this chapter shall be paid to the rehabilitation division of the department of human resources for deposit by such division in the vocational rehabilitation fund hereby created in the state treasury to be expended by such division for the benefit of such disabled employee.
κ1979 Statutes of Nevada, Page 477 (CHAPTER 321, SB 275)κ
for deposit by such division in the vocational rehabilitation fund hereby created in the state treasury to be expended by such division for the benefit of such disabled employee.
(b) Within the limits of the money so made available to the rehabilitation division of the department of human resources such division shall:
(1) Provide allowances for living expenses while the disabled employee is undergoing examination or treatment or awaiting or receiving restorative or vocational training.
(2) Pay for such medical and psychological examinations and treatments and for such prosthetic appliances as are determined by the division, in its sole discretion, to be necessary for the disabled employees rehabilitation.
3. The rehabilitation division may direct the apportionment of benefits between those provided under subparagraph (1) of paragraph (b) of subsection 2 and those provided under subparagraph (2) of paragraph (b) of subsection 2.
4. Compensation, benefits or any other payments required under any such authorized cooperative agreement shall not exceed the compensation and benefits authorized and provided for under this chapter.] :
(a) That each agency will establish procedures which require that agency to provide any services offered by it for disabled persons, at any of its facilities, at the request of the other agency, if:
(1) The services are in the best interests of the disabled persons; and
(2) The agency to which the person is referred is providing full service to the disabled persons for whom it is responsible and has space and facilities left over to provide the services to the person referred.
(b) That each agency will provide services to persons referred at rates which are reasonable in relation to the cost of the services.
(c) Standards and procedures for referrals.
(d) Reporting procedures which require that the agency providing services at the request of another agency make reports of the progress of the disabled person to the referring agency at least monthly.
3. The commission, and the rehabilitation division of the department of human resources through the director of that department, shall report annually to the governor. The report must contain information on the effectiveness of services furnished under the agreement. The governor may require that any succeeding annual agreement be modified to provide more effective services to disabled employees.
________
κ1979 Statutes of Nevada, Page 478κ
Senate Bill No. 352Senator Don Ashworth
CHAPTER 322
AN ACT relating to estates of deceased persons; providing the form, procedures and effect of the affidavit required to obtain possession of the assets of certain small estates consisting of personal property; providing for a court order directing the transfer of certain property in such estates; and providing other matters properly relating thereto.
[Approved May 10, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 146.080 is hereby amended to read as follows:
146.080 1. When a decedent leaves no real property, nor interest therein nor lien thereon, in this state, and the gross value of the decedents property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $5,000, the surviving spouse, the children, lawful issue of deceased children, the parent, the brother or sister of the decedent, or the guardian of the estate of any minor or insane or incompetent person bearing [such] that relationship to the decedent, if [such] that person has a right to succeed to the property of the decedent or is the sole beneficiary under the last will and testament of the decedent, may, 40 days after the death of decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to him upon furnishing the person, representative, corporation, officer or body owing the money, having custody of [such] the property or acting as registrar or transfer agent of [such] the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive [such] the money or property or to have [such] the evidences transferred.
2. An affidavit made pursuant to this section must state:
(a) The affiants name and address, and that the affiant is entitled by law to succeed to the property claimed;
(b) That the decedent was a resident of Nevada at the time of his death;
(c) That the gross value of the decedents property in this state, except amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $5,000, and that the property does not include any real property nor interest therein nor lien thereon;
(d) That at least 40 days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(f) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for;
(g) A description of the personal property and the portion claimed;
(h) That the affiant has given written notice, by personal service or by certified mail, identifying his claim and describing the property claimed, to every person whose right to succeed to the decedents property is equal or superior to that of the affiant, and that at least 10 days have elapsed since the notice was served or mailed; and
κ1979 Statutes of Nevada, Page 479 (CHAPTER 322, SB 352)κ
claimed, to every person whose right to succeed to the decedents property is equal or superior to that of the affiant, and that at least 10 days have elapsed since the notice was served or mailed; and
(i) That the affiant is personally entitled to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property.
3. If the affiant:
(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives is subject to all debts of the decedent.
(b) Fails to give notice to other successors as required by subsection 2, any money or property he receives is held by him in trust for all other successors who have an interest in the property.
4. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.
5. Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:
(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.
6. If any property of the estate not exceeding $5,000 is located in a state which requires an order of a court for the transfer of the property, or if it consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified under the provisions of subsection 1 to have the stocks or bonds or other property transferred to him may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a verified petition in a court of competent jurisdiction containing:
(a) A specific description of all of the property of the decedent.
(b) A list of all the liens and encumbrances of record at the date of the decedents death.
(c) An estimate of the value of the property of the decedent.
(d) The names, ages and residences of the decedents heirs and legatees.
(e) A prayer requesting the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed $5,000.
If the court finds that the gross value of the estate does not exceed $5,000 and the person requesting the transfer is entitled to it, the court may issue an order directing the transfer.
Sec. 2. NRS 159.197 is hereby amended to read as follows:
159.197 1. After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the wards property to the ward, his executor or administrator or the successor guardian, as the case may be, and obtain a receipt therefor.
κ1979 Statutes of Nevada, Page 480 (CHAPTER 322, SB 352)κ
2. If the guardianship has terminated by reason of the death of the ward, the court, by order, may authorize the guardian to distribute the deceased wards property in the same manner as authorized by NRS 146.070, if the value of the property remaining in the hands of the guardian does not exceed $10,000, or as authorized by NRS 146.080, if the value of the property remaining in the hands of the guardian does not exceed [$2,000.] $5,000.
________
Assembly Bill No. 441Assemblyman Dini
CHAPTER 323
AN ACT relating to irrigation districts; increasing to 20 acres the number which must be owned to qualify as an elector in irrigation districts; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 539.123 is hereby amended to read as follows:
539.123 1. Any person, male or female, of the age of 21 years or over, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States is an elector for the purposes of this chapter and is entitled to one vote at any election held under the provisions of this chapter, except an election governed by NRS 539.553, if the following conditions as to ownership of land are met:
(a) The elector shall be the bona fide holder of title or evidence of title, as defined in NRS 539.020 and 593.023, to land within the district or have a contract right to acquire title to land within the district upon payment of a fixed sum to the record titleholder.
(b) The acreage of such land must be [5] 20 acres or more. The holder of an undivided interest in land is an elector only if the product of the fraction representing his interest multiplied by the number of acres subject to his interest equals [5] 20 or more, but if an elector qualifies with respect to [10] 40 acres or more and his interest is community property, his spouse is an elector whether or not such spouse appears of record as the owner of an interest in such acreage. If two or more persons hold undivided or community interests in [5] 20 acres or more, and none of them otherwise qualifies as an elector under this subsection, one such person may vote upon presenting the written consent of his fellow holders.
(c) A surface water right must be appurtenant to the acreage.
2. Any elector residing outside of the district owning at least [5] 20 acres of land in the district, and qualified to vote at district elections, shall be considered as a resident of that division and precinct of the district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office.
κ1979 Statutes of Nevada, Page 481 (CHAPTER 323, AB 441)κ
district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office.
3. Any elector residing within the district boundaries shall be deemed a resident of the division in which he actually resides, for the purpose of determining his qualification for voting and holding office.
4. A guardian, executor or administrator shall be considered as the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the state for which he is such guardian, executor or administrator, and shall have the right to sign petitions, vote and do all things that any elector may or can do under this chapter.
5. Corporations holding land in the district shall be considered as persons entitled to exercise all the rights of natural persons, and the president of the corporation, or other person duly authorized by the president of the corporation, or other person duly authorized by the president or vice president, in writing, may sign any petition authorized by this chapter, and register and cast the vote of the corporation at any election.
Sec. 2. NRS 539.553 is hereby amended to read as follows:
539.553 In any election to approve any bond issue, contract or other proposal which would subject the lands in any district to the repayment of an obligation to be incurred for capital purposes, the following procedure shall be followed:
1. The secretary of the district shall prepare from the assessment book a list of all electors qualified by an ownership of land which meets the conditions prescribed in paragraphs (a), (b) and (c) of subsection 1 of NRS 539.123, showing the number of acres listed to each such elector. For the purposes of this section, the number of acres listed to an elector who holds an undivided interest in land shall be the product of the fraction representing his interest multiplied by the number of acres subject to his interest.
2. At the time and place appointed for the election, such list shall be open for inspection. An inspector of election shall mark indelibly upon the ballot issued to each elector the number of acres listed to such elector. If both spouses vote with respect to acreage in which their interest is community property, the number of acres listed shall be divided equally between them. If one holder of an undivided interest votes with the consent of his fellow holders of an acreage of [5] 20 acres or more with respect to which there is no otherwise qualified elector, the entire acreage shall be attributed to him.
3. At the end of the time appointed for voting the secretary of the district shall determine the total number of electors approving the proposal and shall declare it passed if:
(a) The proposal is approved by a majority of the electors voting; and
(b) The proposal is approved by electors holding property representing a majority of the number of acres listed to electors voting in the election.
4. If the proposal is not so approved, the proposal is rejected and such result shall be entered of record.
κ1979 Statutes of Nevada, Page 482 (CHAPTER 323, AB 441)κ
5. No informalities in conducting the election shall invalidate the result if the election is fairly conducted and the result can be clearly ascertained.
6. For the purposes of this section, eligibility to vote and the number of acres listed to each elector shall be determined from the current assessment book. The board may by regulation permit holders of real property in the district to establish eligibility to vote by providing proof of acquisition of an interest in real property in the district since the last assessment roll was closed.
________
Assembly Bill No. 504Committee on Government Affairs
CHAPTER 324
AN ACT relating to bailiffs; authorizing their appointment in counties polling less than 4,500 votes, under certain circumstances; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 3.310 is hereby amended to read as follows:
3.310 1. The judge of each district court may appoint a bailiff for the court in counties polling 4,500 or more votes. [The bailiff may be appointed and removed at the pleasure of the judge appointing him.] In counties polling less than 4,500 votes, the judge may appoint a bailiff with the concurrence of the sheriff. In either case, the bailiff serves at the pleasure of the judge he serves.
2. In all judicial districts where there is more than one judge, there may be a number of bailiffs at least equal to the number of judges, and in any judicial district where a circuit judge has presided for more than 50 percent of the regular judicial days of the prior calendar year, there may be one additional bailiff, each bailiff to be appointed by the joint action of the judges. If the judges cannot agree upon the appointment of any bailiff within 30 days after a vacancy occurs in the office of bailiff, then the appointment shall be made by a majority of the board of county commissioners.
3. Each bailiff shall:
(a) Preserve order in the court.
(b) Attend upon the jury.
(c) Open and close court.
(d) Perform such other duties as may be required of him by the judge of the court.
4. The bailiff [shall] must be a qualified elector of the county and shall give a bond, to be approved by the district judge, in the sum of $2,000, conditioned for the faithful performance of his duty. The bailiff [shall have] has all the powers of peace officer.
5. The compensation of each bailiff for his services [shall] must be fixed by the board of county commissioners of the county [in which the district is located.
κ1979 Statutes of Nevada, Page 483 (CHAPTER 324, AB 504)κ
fixed by the board of county commissioners of the county [in which the district is located. The salary of each bailiff shall be] and his salary paid by the county wherein he is appointed, the same as the salaries of other county officers are paid.
6. The board of county commissioners of the respective counties shall allow the salary stated in subsection 5 as other salaries are allowed to county officers, and the county auditor shall draw his warrant for [the same,] it, and the county treasurer shall pay [the same.] it.
7. The provisions of this section [shall not be construed:
(a) To authorize] do not:
(a) Authorize the bailiff to serve any civil or criminal process, except such orders of the court which [shall be] are specially directed by the court or the presiding judge thereof to him for service.
(b) [To relieve] Relieve the sheriff of any duty required of him by law to maintain order in the courtroom.
________
Assembly Bill No. 549Assemblymen Getto, Dini and May
CHAPTER 325
AN ACT relating to county motor vehicle fuel taxes; authorizing the use of the proceeds of motor vehicle fuel taxes for surfacing and resurfacing of highways as well as new construction; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 373.020 is hereby amended to read as follows:
373.020 As used in this chapter, unless the context otherwise requires:
1. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, herein authorized.
2. Board means the board of county commissioners.
3. City means an incorporated city or incorporated town.
4. Commission means the regional street and highway commission.
5. Cost of the project, or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including without limitation preliminary expenses advanced by the county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of and interest on the bonds, the filing or recordation of instruments, the costs of short-term financing, construction loans and other temporary loans of not exceeding 5 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.
κ1979 Statutes of Nevada, Page 484 (CHAPTER 325, AB 549)κ
county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of and interest on the bonds, the filing or recordation of instruments, the costs of short-term financing, construction loans and other temporary loans of not exceeding 5 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.
6. Federal securities means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States of America.
7. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or other major improvement (or any combination thereof) of any project, or an interest therein, herein authorized. Improvement or improve does not include renovation, reconditioning, patching, general maintenance or other minor repair.
8. Project means street and highway construction, including without limitation the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including without limitation the acquisition and improvement of all types of property therefor.
9. Town means an unincorporated town or city.
Sec. 2. NRS 373.140 is hereby amended to read as follows:
373.140 1. After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from the county motor vehicle fuel tax [shall] must be first submitted to the regional street and highway commission.
κ1979 Statutes of Nevada, Page 485 (CHAPTER 325, AB 549)κ
county motor vehicle fuel tax [shall] must be first submitted to the regional street and highway commission.
2. Where the project is within the area covered by the streets and highways plan described in NRS 373.030, the commission shall evaluate it in terms of:
(a) The priorities established by the plan;
(b) The relation of the proposed [construction] work to other projects already constructed or authorized;
(c) The relative need for the project in comparison with others proposed; and
(d) The funds available.
If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter (except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities, or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160) and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. If the board authorizes the project the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project [shall] must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by the streets and highways plan described in NRS 373.030.
3. Where the project is outside the area covered by the plan, the commission shall evaluate it in terms of:
(a) Its relation to the streets and highways plan;
(b) The relation of the proposed [construction] work to other projects constructed or authorized;
(c) The relative need for the proposed [construction] work in relation to others proposed by the same city or town; and
(d) The availability of funds.
If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
4. In counties having a population of 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, the commission shall:
(a) Certify the adoption of the plan;
(b) Submit a copy of the plan to the department; and
(c) Certify its compliance with subsections 2 and 3 in the adoption of the plan.
________
κ1979 Statutes of Nevada, Page 486κ
Assembly Bill No. 590Committee on Government Affairs
CHAPTER 326
AN ACT relating to property taxes; deleting the requirement that local governments and the University of Nevada System pay penalties, interest and costs upon the acquisition of tax-delinquent properties; also deleting the requirement to pay the taxes in certain instances; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.603 is hereby amended to read as follows:
361.603 1. Any local government or the University of Nevada System may, in the manner provided in this section, acquire property held in trust by the treasurer of the county in which such local government or any party of the system is located by virtue of any deed made pursuant to the provisions of this chapter.
2. Whenever any local government or the system determines that a public purpose may be served by the acquisition of such property, it may make application to the board of county commissioners for permission to acquire such property. If the board of county commissioners approves the application, it shall direct the county treasurer to give notice of intent to sell to the last-known owner or heirs or devisees of [such] the last-known owner of the property in the manner provided by law.
3. [Such] The last-known owner may, within 90 days of such notice, redeem the property by paying to the treasurer the amount of the delinquent taxes, plus penalties, interest and costs.
4. If [such] the owner fails to redeem the property within the time allowed, the county treasurer shall transfer the property to the local government or the board of regents of the University of Nevada upon receiving from it the amount of the delinquent taxes, [plus penalties, interest and costs.] except as otherwise provided in subsection 5.
5. If property which was offered for dedication as a street is so transferred to a local government, the delinquent taxes need not be paid.
________
Assembly Bill No. 598Committee on Government Affairs
CHAPTER 327
AN ACT relating to marriage; requiring in certain counties that offices issuing marriage licenses be open to the public during specified hours, and that they be set in other counties by the county commissioners; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 122.040 is hereby amended to read as follows:
122.040 1. Before persons may be joined in marriage, a license [shall] must be obtained for that purpose from the county clerk of any county in the state.
κ1979 Statutes of Nevada, Page 487 (CHAPTER 327, AB 598)κ
[shall] must be obtained for that purpose from the county clerk of any county in the state. Licenses may be obtained [:
(a) At] at the county seat. [; and
(b) In counties having a population of 100,000 or more, but less than 200,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, at one place within the county in addition to the county seat if the county clerk designates such additional place.]
2. Before issuing a marriage license, the county clerk may require evidence that the [person applying] applicant for the [marriage] license is of age. The county clerk [may also require] shall accept a statement under oath by the [person applying for the marriage license and the persons] applicant and the applicants parent, if available, that the [person] applicant is of age.
3. The county clerk [, when] issuing the license [,] shall require the [person applying] applicant to answer under oath each of the questions contained in the form of license, and, if the [person applying] applicant cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license. If any of the information required is unknown to such person or persons, he or she shall state that the answer is unknown.
4. If any of the persons intending to marry is under age and has not been previously married, the clerk shall issue the license if the consent of the parent or guardian is:
(a) Personally given before the clerk;
(b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom [shall] must appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge [the same;] it; or
(c) In writing, subscribed to and duly acknowledged before an officer authorized by law to administer oaths.
5. All records pertaining to [such] marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010. Any county clerk who refuses to permit such an inspection is guilty of a misdemeanor.
Sec. 2. Chapter 122 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In any 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 office of the county clerk where marriage licenses may be issued must be open to the public for the purpose of issuing such licenses from 8 a.m. to 12 p.m. every day including holidays, and may remain open at other times.
2. In all other counties, the board of county commissioners shall determine the hours during which the offices which issue marriage licenses must remain open to the public.
________
κ1979 Statutes of Nevada, Page 488κ
Assembly Bill No. 601Committee on Elections
CHAPTER 328
AN ACT relating to election campaign practices; limiting the reports of campaign contributions and expenses which must be forwarded to the secretary of state to reports from candidates for legislative and judicial offices; adding provisions on filing reports by mail; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 294A.010 is hereby amended to read as follows:
294A.010 1. Every candidate for state, district, county, city or township office at a recall, special, primary or general election shall, not later than:
(a) Fifteen days after the primary election if the candidate wins or 30 days after the primary election if he loses, for the remaining period up to the primary election;
(b) Fifteen days before the general election, for the period from the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election,
report the total amount of all of his campaign contributions on affidavit forms to be designed and provided by the secretary of state.
2. Reports of campaign contributions shall be filed with the officer with whom he filed his declaration of candidacy or acceptance of candidacy. A candidate may mail his report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
3. Every county clerk who receives from candidates for legislative or judicial office reports of campaign contributions pursuant to subsection 2 shall file a copy of each report with the secretary of state.
4. Each contribution, whether from a natural person, association or corporation, in excess of $500, [shall] must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the affidavit report form provided by the secretary of state.
5. As used in this section, contribution means a gift, subscription, pledge, loan, conveyance, deposit, payment, transfer or distribution of money, and includes the payment by any person other than a candidate, of compensation for the personal services of another person which are rendered to a candidate without charge to the candidate.
6. Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 2. NRS 294A.020 is hereby amended to read as follows:
294A.020 1. Every candidate for state, district, county, city or township office at a recall, special, primary or general election shall, not later than:
(a) Fifteen days after the primary election if the candidate wins or 30 days after the primary election if he loses, for the remaining period up to the primary election;
κ1979 Statutes of Nevada, Page 489 (CHAPTER 328, AB 601)κ
(b) Fifteen days before the general election, for the period from the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election,
report his campaign expenses on affidavit forms to be designed and provided by the secretary of state.
2. Reports of campaign expenses [shall] must be filed with the officer with whom he filed his declaration of candidacy or acceptance of candidacy. A candidate may mail his report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing
3. County clerks who receive from candidates for legislative or judicial office reports of campaign expenses pursuant to subsection 2 shall file a copy of each report with the secretary of state.
4. Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 3. NRS 294A.070 is hereby amended to read as follows:
294A.070 The secretary of state shall, within 10 days after receipt of the reports required by NRS 294A.010 and 294A.020, prepare and make available for public inspection a compilation of the total campaign contributions, the contributions which are in excess of $500 and the total campaign expenses of each of the candidates for legislative and judicial offices from whom reports of [such] those contributions and expenses are required.
________
Assembly Bill No. 606Committee on Government Affairs
CHAPTER 329
AN ACT relating to assessment districts; providing for the financing of certain assessment districts in cities without the issuance of bonds; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Where the cost of an improvement to be defrayed by special assessment does not exceed $150,000, the governing body may advance money to cover the cost of the improvement from the general fund of the municipality in lieu of issuing bonds.
Sec. 3. No special assessment to defray the cost of any improvement for which money is advanced from the general fund of the municipality, pursuant to section 2 of this act, may be divided into more than 10 annual installments.
Sec. 4. If there is not sufficient money in the general fund of the municipality and if the requirements of chapter 354 of NRS with respect to short-term financing are met, money may be provided by short-term financing to cover the cost of an improvement made pursuant to section 2 of this act.
κ1979 Statutes of Nevada, Page 490 (CHAPTER 329, AB 606)κ
to short-term financing are met, money may be provided by short-term financing to cover the cost of an improvement made pursuant to section 2 of this act. In such case, the loan must be repaid from the special assessments made, in lieu of the special tax required by chapter 354 of NRS.
Sec. 5. 1. The governing body may authorize an improvement, the cost of which will be defrayed pursuant to sections 2 to 4, inclusive, of this act, if:
(a) Owners of at least two-thirds of the tracts to be assessed consent to the improvement;
(b) The owners of tracts to be assessed which represent at least two-thirds of the total amount of the assessment consent to the improvement; and
(c) The governing body holds a hearing and levies the assessment in the manner provided in NRS 271.380 to 271.470, inclusive.
2. The consent required pursuant to subsection 1 must be solicited by the governing body by sending to the owner of each tract to be assessed, by certified mail, documents containing:
(a) A description of the proposed improvement and its expected cost.
(b) The costs to be assessed against the owner to whom the document is addressed.
(c) A form to be signed by the property owner if he desires to consent to the improvement.
Sec. 6. NRS 271.015 is hereby amended to read as follows:
271.015 [1.] This chapter [shall apply:
(a)] applies:
1. To any unincorporated city or unincorporated town.
[(b)] 2. To any incorporated city, including Carson City, or any incorporated town, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise.
[2. Nothing herein contained shall prevent any act or charter appertaining to any municipality or other subdivision of the state to which this chapter does not apply by the terms hereof from adopting the provisions hereof as from time to time amended, or otherwise, by expressed reference therein to the provisions hereof.]
Sec. 7. NRS 271.145 is hereby amended to read as follows:
271.145 Municipality means any unincorporated city, unincorporated town, incorporated city or incorporated town in the state, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter of any type. [, except as provided in NRS 271.015.] Municipal pertains thereto. Where the context so indicates, municipality means the geographical area comprising [such] the municipality.
________
κ1979 Statutes of Nevada, Page 491κ
Assembly Bill No. 648Assemblyman Barengo
CHAPTER 330
AN ACT relating to elections; prohibiting change in a candidates party affiliation under certain circumstances; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.176 is hereby amended to read as follows:
293.176 No person may be a candidate for a party nomination in any primary election if he has changed the designation of his political party affiliation on an official affidavit of registration in the State of Nevada or in any other state since September 1 prior to the closing filing date for such election [.] , whether or not his previous registration was still effective at the time of the change in party designation.
________
Assembly Bill No. 667Assemblyman Price
CHAPTER 331
AN ACT relating to certain health care facilities and agencies; establishing a procedure for the review of certain decisions involving their licensing; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 439A.100 is hereby amended to read as follows:
439A.100 1. The health division of the department of human resources shall not issue a new license or alter an existing license for changes in the number of beds or types of services offered by a hospital, ambulatory surgical care center, skilled nursing facility, intermediate care facility or home health agency without an approval in writing from the director of the department or office of health planning and resources.
2. The situations in which this approval is required include:
(a) The construction, development or other establishment of a new health care facility or health maintenance organization;
(b) Any expenditure by or on behalf of a health care facility or health maintenance organization in excess of $150,000, or such amount as the department may specify in regulations adopted pursuant to this chapter, which under generally accepted accounting principles consistently applied is a capital expenditure;
(c) A change in the number of existing beds in a hospital, skilled nursing facility, intermediate care facility, end-stage renal disease treatment facility or health maintenance organization through the addition or removal of five or more beds, or the relocation of five or more beds from one physical facility to another; and
κ1979 Statutes of Nevada, Page 492 (CHAPTER 331, AB 667)κ
or removal of five or more beds, or the relocation of five or more beds from one physical facility to another; and
(d) The offering of health services in or through a health care facility, home health agency or health maintenance organization, costing more than $150,000 or such amount as the department may specify in regulations adopted pursuant to this chapter, which were not offered on a regular basis in or through that facility, agency or organization within the 12-month period before the time when [such] those services would be offered.
3. Upon receipt of an application for [such] the approval, the director or office shall consider any recommendation of a health systems agency. A decision to approve or disapprove the application must generally be based on the need for services, utilizing criteria, established by the department by regulation, which are consistent with the purposes set forth in NRS 439A.020 and with the goals and priorities of the health plans developed pursuant to the Federal Act.
Sec. 2. Chapter 439A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A hearing officer shall hear and determine all appeals from the decisions of the director or the office rendered pursuant to this chapter. No appeal may be heard and determined except upon the evidence and data submitted to the director or the office and the record compiled by the health systems agency, unless it is proven to the satisfaction of the hearing officer that it was impossible in the exercise of due diligence to have discovered or secured that evidence and data in time to have submitted it to the health systems agency before it made its recommendation or to the director or the office before the decision was reached.
2. The governor shall appoint a hearing officer to conduct the hearing provided in subsection 1.
3. The decision of the hearing officer is a final decision for purposes of judicial review.
Sec. 3. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University of Nevada System.
(d) The department of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The state board of parole commissioners.
(h) The welfare division of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
2. The state board of education is subject to the provisions of this chapter for the purpose of regulation-making but not with respect to any contested case.
3. The special provisions of:
(a) Section 2 of this act for the review of decisions involving the issuance of letters of approval for health facilities and agencies;
κ1979 Statutes of Nevada, Page 493 (CHAPTER 331, AB 667)κ
(b) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;
[(b)] (c) Chapters 616 and 617 of NRS for the determination of contested claims; and
[(c)] (d) Chapters 704 and 706 of NRS for the judicial review of decisions of the public service commission of Nevada,
prevail over the general provisions of this chapter.
4. The provisions of this chapter do not apply to any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, object or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.
________
Assembly Bill No. 695Committee on Transportation
CHAPTER 332
AN ACT relating to abandoned vehicles; extending the time for appraisal and requiring notice to the owners by the towing operators; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 487.240 is hereby amended to read as follows:
487.240 The department or the political subdivision employing the person who removed the vehicle shall have the vehicle appraised within [5 days of] 10 days after its removal by a person designated by the department.
Sec. 2. NRS 487.250 is hereby amended to read as follows:
487.250 1. The department or political subdivision shall, within 48 hours after the appraisal [:
(a) Notify] notify the director of the department of the removal of the vehicle. The notice shall contain:
[(1)] (a) A description of the vehicle.
[(2)] (b) The appraised value of the vehicle.
[(3)] (c) A statement as to whether the vehicle will be junked, dismantled or otherwise disposed of.
[(b) Notify] 2. The person who removed the vehicle must notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.
κ1979 Statutes of Nevada, Page 494 (CHAPTER 332, AB 695)κ
[2.] 3. Failure to reclaim within 15 days after [official] notification a vehicle appraised at $200 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.
[3.] 4. If all recorded interests in a vehicle appraised at $200 or less are waived, either as provided in subsection [2] 3 or by written disclaimer by any person having an interest in the vehicle, the department shall issue a certificate of dismantling to the automobile wrecker to whom the vehicle may have been delivered or a certificate of ownership to the garage owner if he elects to retain the vehicle and the vehicle is equipped as required by chapter 484 of NRS.
________
Assembly Bill No. 714Committee on Judiciary
CHAPTER 333
AN ACT relating to the Juvenile Court Act; requiring parents to pay for counsel appointed to represent their child in certain circumstances unless they are indigent; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 62.195 is hereby amended to read as follows:
62.195 1. Upon application of a party, the clerk of the court shall issue, and the court on its own motion may issue, subpenas requiring attendance and testimony of witnesses and production of records, documents or other tangible objects at any hearing.
2. If a child is alleged to be delinquent or in need of supervision, the child and his parents, guardian or custodian shall be advised by the court or its representative that the child is entitled to be represented by counsel at all stages of the proceedings. If counsel is not retained for the child, or if it does not appear that counsel will be retained, counsel shall be appointed for the child, unless waived. In neglect cases, the parents, guardian or custodian shall be informed of their right to be represented by counsel.
3. If counsel is appointed to represent a child pursuant to the provisions of subsection 2 the parents of that child shall pay the reasonable fees and expenses of the attorney unless they are indigent.
4. Criminal proceedings and other juvenile proceedings based upon the offense alleged in the petition or an offense based upon the same conduct, are barred where the court has begun taking evidence or where the court has accepted a childs admission of the facts alleged in the petition. No child may be prosecuted first as a juvenile and later as an adult, or in two juvenile court hearings for the same offense.
________
κ1979 Statutes of Nevada, Page 495κ
Assembly Bill No. 732Committee on Ways and Means
CHAPTER 334
AN ACT relating to industrial insurance; removing the requirement of actuarial experience for the chairman of the Nevada industrial commission; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.140 is hereby amended to read as follows:
616.140 1. The third commissioner selected by the governor shall be the chairman. The appointee shall [have not less than 5 years actuarial experience and shall] have a degree of master of business administration or experience deemed equivalent to that degree.
2. The annual salary of the chairman [shall] must be in an amount determined pursuant to the provisions of NRS 284.182.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 738Committee on Ways and Means
CHAPTER 335
AN ACT relating to the public employees retirement system; providing for full service credit for part-time employment of public employees who are otherwise eligible for retirement; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An employee may receive full service credit for part-time employment if:
(a) The employee and his employer enter into an agreement covering his part-time employment and the agreement is approved by the board;
(b) The employee is 60 years of age or older, and has contributed to the system on a full-time basis for 10 years or more as of the date on which the agreement becomes effective;
(c) The employee works half time or more, but less than full time, according to the regular schedule established by the employer for his position;
(d) The employee and the employer make contributions equal to the lesser of:
(1) The amount which a person serving on a full-time basis in the position would contribute and which his employer would contribute for him; or
κ1979 Statutes of Nevada, Page 496 (CHAPTER 335, AB 738)κ
(2) The amount which the employee and employer contributed during the last 12 months of the employees full-time employment;
(e) Employment ends on or before the fifth anniversary of the day on which the agreement became effective; and
(f) The employee agrees in writing to the forfeiture of credit provided in subsection 2.
2. An employee loses all service credit which he did not earn by actual work and which has accrued pursuant to this section if he:
(a) Returns to full-time employment in the service of any public employer at any time after beginning part-time work under the agreement, except for full-time employment as an elected public officer as a result of appointment to an elective office.
(b) Continues in his part-time employment beyond the fifth anniversary of the day on which the agreement became effective.
________
Assembly Bill No. 741Committee on Taxation
CHAPTER 336
AN ACT relating to the property tax; limiting the charitable exemption for certain corporations; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.140 is hereby amended to read as follows:
361.140 1. In addition to the corporations defined by law to be charitable corporations, there are hereby included:
(a) [Corporations] Any corporation whose objects and purposes are [for public charity,] religious, [or] educational [,] or for public charity and whose funds have been derived in whole or [in] substantial part from public donations [;] , not including donations from any officer or trustee of the corporation; and
(b) [Corporations] Any corporation prohibited by [their] its articles of incorporation from declaring or paying dividends, and where the money received by [them] it is devoted to the general purpose of charity and no portion of the [same] money is permitted to inure to the benefit of any private [individual] person engaged in managing the charity, and where indigent persons without regard to race or color may receive medical care and attention without charge or cost.
2. All buildings belonging to a corporation defined in subsection 1, together with the land actually occupied by [such] the corporation for the purposes described and the personal property actually used in connection therewith, are exempt from taxation when used solely for the purpose of the charitable corporation.
________
κ1979 Statutes of Nevada, Page 497κ
Senate Bill No. 41Committee on Government Affairs
CHAPTER 337
AN ACT relating to punchcard vote recording systems; authorizing the secretary of state to purchase and lease such systems to counties; making an appropriation; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 293B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The secretary of state may purchase punchcard vote recording systems and lease them to counties, giving priority to those counties still using paper ballots.
2. The secretary of state may pay for such systems purchased by him out of any money specifically appropriated for that purpose by the legislature.
Sec. 3. 1. The secretary of state and each participating county shall enter a written agreement designated as Lease of Equipment with Option to Purchase. Each agreement must provide in substance:
(a) That the systems particularly described in the agreement are leased by the state, as lessor, to the county, as lessee, for a term of 2 years from the date of the agreement, with an exclusive option in the lessee to extend the term for like periods of 2 years at a time, for an agreed maximum term not exceeding 20 years after the date of the agreement.
(b) That the lessee will maintain and insure the systems for the original term and each succeeding agreed term.
(c) That the aggregate of rental payments provided for under the maximum term of the lease agreement must equal the aggregate of the purchase price of the vote recording systems covered by the agreement, together with all interest, shipping, installation and other costs paid or agreed to be paid by the state. Upon payment of the latter aggregate sum by any lessee to the state, the state shall forthwith convey to that lessee legal title to the systems covered by the paid agreement.
2. The secretary of state shall promptly transmit all rental payments received by him under all such agreements to the state general fund.
Sec. 4. 1. There is hereby appropriated from the state general fund to the secretary of state the sum of $180,000 for the purchase of punchcard vote recording systems to be leased to counties as provided in sections 2 and 3 of this act.
2. The money appropriated by this section must be kept in a separate account and must not be included in the operating budget of the secretary of state.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 498κ
Senate Bill No. 72Committee on Government Affairs
CHAPTER 338
AN ACT relating to classifications based on population; defining population; changing the population basis for the exercise of powers by local governments when based upon population; changing the basis for certain classifications based on the total number of votes cast to a population figure; and providing other matters properly relating thereto.
[Approved May 11, 1979]
Whereas, The growth of the states population has altered the conditions under which certain statutes were originally enacted or last amended; and
Whereas, The forthcoming availability of a new census makes it appropriate to review and revise certain statutes based upon population; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 0 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Except as otherwise expressly provided in a particular statute or required by the context, population means the number of people in a specified area as determined by the last preceding national 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 4.020 is hereby amended to read as follows:
4.020 1. There shall be one justices court in each of the townships of the state, for which there shall be elected by the qualified electors of the township the following number of justices of the peace according to the population of the township: [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:]
(a) If the population is less than 60,000, one justice of the peace.
(b) If the population is 60,000 or more but less than 150,000, two justices of the peace.
(c) If the population is 150,000 or more, five justices of the peace.
2. Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.
3. The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of the justice of the peace. The certificate [shall] must be filed in the office of the secretary of state as evidence of the official character of [such] that officer.
Sec. 3. NRS 6.045 is hereby amended to read as follows:
6.045 1. The district court in and for any county with 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,] may by rule of court designate the clerk of the court or one of his deputies as jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.
κ1979 Statutes of Nevada, Page 499 (CHAPTER 338, SB 72)κ
his deputies as jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.
2. If a jury commissioner is so selected, he shall from time to time estimate the number of trial jurors which will be required for attendance on the district court and shall select [such] that number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not. He shall keep a record of the name, occupation and address of each person so selected.
Sec. 4. 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 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 clerk of the court under the supervision of the district judge presiding over the impaneling of the grand jury shall select at random the names of not more than 1,000 qualified persons to be called as prospective grand jurors. The clerk shall then prepare and mail to each person whose name was selected a questionnaire prepared by the 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] must be requested to complete and return the questionnaire, indicating thereon his willingness and availability to serve on the grand jury. The 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 the names of persons who indicated their willingness to serve as grand jurors [shall] must be made 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] must be made by the clerk, certified by the district judges making the selection and filed in the clerks office. The clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the proposed grand jurors to attend in court at such time as the district judge directs.
3. The sheriff shall summon the proposed grand jurors, and 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. 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] must be selected from the list of prospective grand jurors by the district judge presiding over the impaneling, and the persons so selected [shall] must be summoned to appear in court at such time as he directs.
4. Every person named in the venire as a grand juror [shall] must 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. The summons [shall] must be registered or certified and deposited in the post office addressed to the person at his usual mailing address.
κ1979 Statutes of Nevada, Page 500 (CHAPTER 338, SB 72)κ
post office addressed to the person at his usual mailing address. The receipt of the person so addressed for the registered or certified summons must be regarded as personal service of the summons upon such person and no mileage may be allowed for service. The postage and fee for registered or certified mail must be paid by the sheriff and allowed him as other claims against the county.
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. An alternate [shall] must be served by the sheriff in the manner provided in subsection 4.
Sec. 5. NRS 6.120 is hereby amended to read as follows:
6.120 1. In any county having a population of less than 15,000, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] the county clerk under the supervision of the district judge, shall randomly select the names of 50 qualified persons to serve as prospective grand jurors. The county clerk shall then prepare and mail to each person whose name was selected a questionnaire drawn up by the district judge or presiding district judge, where applicable, 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 return [such] the questionnaire, indicating [thereon] on it his willingness to serve on the jury. The county clerk shall continue the selection of names and mailing of of questionnaires until a panel of 36 persons who are willing to serve is established. The requirement of subsection 1 of NRS 6.110 that a grand jury must be called at least once in every 4 years [shall] does not apply to [such] the county unless the district judge otherwise directs. A list of the names of the 36 persons who indicate their willingness to serve as grand jurors [shall] must be made [out] and certified by the county clerk and [shall be] filed in the county clerks office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons willing to serve as grand jurors to attend in court at such time as the district judge may have directed.
2. The sheriff shall summon [such] the 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 17 persons to constitute the grand jury and 12 persons to act as alternate grand jurors are chosen.
3. Every person named in the venire as a grand juror shall be served by the sheriff mailing a summons to [such] that person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered or certified and deposited in the post office addressed to the person at his usual post office 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] that 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.
4. 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.
κ1979 Statutes of Nevada, Page 501 (CHAPTER 338, SB 72)κ
judge shall select one of the alternate grand jurors to serve in his place. [Such] The alternate shall be served by the sheriff in the manner provided in subsection 3.
Sec. 6. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county who is neglected because:
(1) He has been abandoned by his parents, guardian, or other custodian;
(2) He is without proper parental care and control, or subsistence, education, medical or other care or control necessary for his well-being because of the faults or habits of his parents, guardian or other custodian or their neglect or refusal, when able to do so, to provide them;
(3) His parents, guardian, or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity; or
(4) He has been placed for care or adoption in violation of law.
(b) Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;
(2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or
(3) Deserts, abandons or runs away from his home or usual place of abode,
and is in need of care or rehabilitation. [Such a] The child shall not be considered a delinquent.
(c) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he:
(1) Commits an act designated a crime under the law of the State of Nevada except murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law; or
(2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.
(d) Concerning any child in need of commitment to an institution for the mentally retarded.
2. This chapter does not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.
3. This chapter does not deprive justices courts and municipal courts in any county having a population of [200,000] 250,000 or more [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] of original jurisdiction to try juveniles charged with minor traffic violations but:
(a) The restrictions set forth in subsection 3 of NRS 62.170 are applicable in [such] those proceedings; and
(b) [Such] Those justices courts and municipal courts may, upon adjudication of guilt of [such] the offenses, refer any juvenile to the juvenile court for sentencing if [such] the referral is deemed in the best interests of the child and where [such] the minor is unable to pay the fine assessed or has been ordered to be imprisoned.
κ1979 Statutes of Nevada, Page 502 (CHAPTER 338, SB 72)κ
interests of the child and where [such] the minor is unable to pay the fine assessed or has been ordered to be imprisoned.
In all other cases prior consent of the juvenile court judge or judges is required before reference to the juvenile court may be ordered. Any child charged in a justices court or municipal court pursuant to this subsection shall be accompanied at all proceedings by a parent or legal guardian.
Sec. 7. NRS 62.100 is hereby amended to read as follows:
62.100 1. The judge or judges of the court in each judicial district which does not include a county having a population of [200,000] 250,000 or more [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] shall, when facilities for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children have been established within that district, and may at any other time in their discretion, by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in [such] the committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which [shall] must specify the time in which to appear, and shall qualify by taking an oath, which [shall] must be entered in the records, faithfully to perform the duties of a member of the committee. [The members of the committee shall hold office for 3 years, provided that of those] Of the members first appointed, [1] one shall be appointed for a term of 1 year, [2] two for terms of 2 years, and [2] two for terms of 3 years. Thereafter, all appointments shall be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office [shall] must be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges.
2. The duties of the probation committee [shall be] are the following:
(a) The paramount duty of the probation committee is to advise the court, at its request.
(b) The probation committee shall advise with the judge and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children [now or hereafter] established by boards of county commissioners.
(c) Upon the request of the judge or judges, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all [individuals,] natural persons, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee [shall also have the power to] may initiate an investigation thereof if it deems [such] an investigation proper or necessary, and must thereafter report its findings, conclusions and recommendations to the judge or judges.
κ1979 Statutes of Nevada, Page 503 (CHAPTER 338, SB 72)κ
thereof if it deems [such] an investigation proper or necessary, and must thereafter report its findings, conclusions and recommendations to the judge or judges.
(d) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports [shall] must be submitted to the court and filed as public documents with the clerk of the court.
(e) The judge or judges shall, in cooperation with the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county, except as hereinafter provided.
(f) The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home or other commitment facilities administered or financed by the county. The examinations [shall] must have reference to the necessary ability, education and special aptitudes for the work to which they are to be assigned.
(g) The probation committee shall advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county. Any employees are subject to discharge by the judge or judges.
(h) The probation committee may, upon the majority vote of its members, recommend the removal or discharge of any probation officer.
Sec. 8. NRS 62.105 is hereby amended to read as follows:
62.105 1. The judge or judges of the court in each district which includes a county having a population of [200,000] 250,000 or more [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce] shall, by an order entered in the minutes of the court, appoint not less than five nor more than seven representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in [such] the committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which [shall] must specify the time in which to appear, and shall qualify by taking an oath, which [shall] must be entered in the records, faithfully to perform the duties of a member of the committee. [The members of the committee shall hold office for 3 years, provided that of those] Of the members first appointed, [1] one shall be appointed for a term of 1 year, [2] two for terms of 2 years, and [2] two for terms of 3 years. Thereafter, all appointments shall be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office [shall] must be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges.
κ1979 Statutes of Nevada, Page 504 (CHAPTER 338, SB 72)κ
by the judge or judges. Any member who is absent from three consecutive meetings of the committee without the permission of the chairman shall relinquish his office and the vacancy shall be filled as provided in this subsection.
2. The duties of the probation committee shall be the following:
(a) The paramount duty of the probation committee is to advise the court, at its request.
(b) The probation committee shall advise with the director of juvenile services and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children [now or hereafter] established by boards of county commissioners.
(c) Upon the request of the director of juvenile services, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all [individuals,] natural persons, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee [shall also have the power to] may initiate an investigation thereof if it deems [such] an investigation proper or necessary, and must [thereafter] report its findings, conclusions and recommendations to the director of juvenile services.
(d) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports [shall] must be submitted to the court and filed as public documents with the clerk of the court.
(e) The director shall, in cooperation with the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county, except as hereinafter provided.
(f) The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home or other commitment facilities administered or financed by the county. The examinations [shall] must have reference to the necessary ability, education and special aptitudes for the work to which they are to be assigned.
(g) The probation committee shall advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county.
(h) The probation committee shall act as a hearing board pursuant to the provisions of subsection 2 of NRS 62.117.
Sec. 9. NRS 62.110 is hereby amended to read as follows:
62.110 1. The judge or judges of each judicial district which does not include a county having a population [200,000] 250,000 or more [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] shall appoint one or more probation officers and such other employees as may be required to carry on the work of the probation department and detention home. If more than one probation officer is appointed, one of them shall be designated as chief probation officer.
κ1979 Statutes of Nevada, Page 505 (CHAPTER 338, SB 72)κ
be designated as chief probation officer. All probation officers and detention personnel shall be appointed from lists of eligible persons established through competitive examinations conducted by the probation committee. Probation officers and employees may be removed, discharged or reduced in position only after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the judge in answer thereto.
2. Whenever the judge serves two or more counties, probation officers may be appointed to serve the counties jointly, and the salaries and expenses of the probation officers shall be allocated between the counties by the judge. [thereof.]
3. The salaries of the probation officers, detention home personnel and other employees [shall] must be fixed by the judge with the advice of the probation committee and consent of the board or boards of county commissioners.
Sec. 10. NRS 62.117 is hereby amended to read as follows:
62.117 In each judicial district which includes a county having a population of [200,000] 250,000 or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] any probation officer or employee of the probation department, any detention home or other commitment facility administered or financed by the county, appointed under the provisions of NRS 62.115, who has been employed in [such] that capacity for 12 months or more and is dismissed from [such] that employment may:
1. Within 15 days of his dismissal, request a written statement from the director of juvenile services specifically setting forth the reasons for [such] the dismissal; and within 15 days of the date of [such] the request he shall be furnished [such a] that written statement.
2. Within 30 days after the receipt of [such] the written statement, request, in writing, a public hearing before the probation committee. The probation committee shall adopt rules for the conduct of [such] the hearings.
3. Appeal the decision of the probation committee to the board or boards of county commissioners.
Sec. 11. NRS 62.120 is hereby amended to read as follows:
62.120 1. In counties having a population of less than [200,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 250,000, the probation officer under the general supervision of the judge or judges and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and detention home, including the social, financial and clerical work, and he shall perform such other duties as the judge may direct. All information obtained in discharge of official duty by an officer or other employee of the court is privileged and [shall] must not be disclosed to anyone other than the judge and others entitled under this chapter to receive [such] that information, unless [and until] otherwise ordered by the judge.
2. Probation officers and assistant probation officers have the same powers as peace officers.
3. Every effort [shall] must be made by the various counties throughout the state to provide sufficient personnel for the probation department to uphold the concept of separation of powers in the court process.
κ1979 Statutes of Nevada, Page 506 (CHAPTER 338, SB 72)κ
throughout the state to provide sufficient personnel for the probation department to uphold the concept of separation of powers in the court process.
Sec. 12. NRS 62.123 is hereby amended to read as follows:
62.123 1. The judge or judges of each judicial district which includes a county having a population of [200,000] 250,000 or more [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] shall appoint a director of juvenile services directly responsible to the court to coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to, the welfare division of the department of human resources, the public schools of the judicial district, all law enforcement agencies of the judicial district, the probation committee, and detention home or facilities of the judicial district. The director of juvenile services may also be responsible for [the implementation of] carrying out preventive programs relating to juvenile delinquency. The director of juvenile services shall serve as administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.
2. The director of juvenile services shall be appointed by the juvenile court judge or judges from a list of candidates provided by the probation committee.
3. The director of juvenile services shall serve at the pleasure of the court and be subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the judge to answer thereto.
4. The director of juvenile services shall have such staff of employees to assist in the performance of his duties as is advised by the probation committee, approved by the juvenile court judge or judges, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.
5. The salary of the director of juvenile services [shall] must be fixed by the juvenile court judge or judges, with the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.
Sec. 13. NRS 122.040 is hereby amended to read as follows:
122.040 1. Before persons may be joined in marriage, a license [shall] must be obtained for that purpose from the county clerk of any county in the state. Licenses may be obtained:
(a) At the county seat; and
(b) In counties having a population of 100,000 or more, but less than [200,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 250,000, at one place within the county in addition to the county seat if the county clerk designates [such] an additional place.
2. Before issuing a marriage license, the county clerk may require evidence that the person applying for the marriage license is of age. The county clerk may also require a statement under oath by the person applying for the marriage license and the persons parent, if available, that the person is of age.
κ1979 Statutes of Nevada, Page 507 (CHAPTER 338, SB 72)κ
3. The county clerk, when issuing the license, shall require the person applying to answer under oath each of the questions contained in the form of license, and, if the person applying cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license. If any of the information required is unknown to [such person or persons, he or she] either person, the person questioned shall state that the answer is unknown.
4. If any of the persons intending to marry is under age and has not been previously married, the clerk shall issue the license if the consent of the parent or guardian is:
(a) Personally given before the clerk;
(b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom shall appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge the same; or
(c) In writing, subscribed to and duly acknowledged before an officer authorized by law to administer oaths.
5. All records pertaining to [such] these licenses are public records and open to inspection pursuant to the provisions of NRS 239.010. Any county clerk who refuses to permit [such] inspection is guilty of a misdemeanor.
Sec. 14. NRS 213.280 is hereby amended to read as follows:
213.280 The department shall provide for the disbursement of [such funds] that money to each juvenile court proportionately on the basis of the population within the jurisdiction of [such court, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, and such] each court, and any other factors determined to be relevant by the department in accordance with [rules and] regulations adopted pursuant to NRS 213.245. Where it appears that any juvenile court does not intend to submit an application to the department, the proportionate share of [such] that juvenile court may be disbursed to other juvenile courts in accordance with [rules and] regulations adopted by the department.
Sec. 15. NRS 218.084 is hereby amended to read as follows:
218.084 1. If any area of this state is omitted from the provisions of NRS 218.050 to 218.082, inclusive, inadvertently or by virtue of the complexities of the information supplied to the legislature, the county clerk or the Carson City clerk, upon discovery of [such] the omission, shall attach [such] that area to the appropriate assembly district or senatorial district as follows:
(a) If the area is surrounded by the assembly district or senatorial district, the area [shall] must be attached to [such] that district.
(b) If the area is contiguous to two or more assembly districts or senatorial districts, the area [shall] must be attached to the district that has the least population. [according to the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
2. Any attachments made pursuant to the provisions of this section [shall] must be certified in writing and filed with the secretary of state.
κ1979 Statutes of Nevada, Page 508 (CHAPTER 338, SB 72)κ
[shall] must be certified in writing and filed with the secretary of state. No change may be made in any [such] attachments until the legislature is again reapportioned.
Sec. 16. NRS 220.167 is hereby amended to read as follows:
220.167 1. Each board of county commissioners shall provide a complete set of Nevada Revised Statutes (excluding the annotations thereto and the digest of cases except as provided in subsection 4) for each district court or department thereof and for each justices court or department thereof regularly established in the county, and shall provide corresponding sets of replacement or supplementary pages as issued.
2. The governing body of each city shall similarly provide for each department of its municipal court.
3. If a justice of the peace is ex officio municipal judge, the county and city shall share equally the cost for his court.
4. The board of county commissioners shall provide a set of the annotations to Nevada Revised Statutes and the digest of cases for each district court or department thereof and for the justices court in each township having a population of 50,000 or more [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] and shall provide corresponding sets of replacement or supplementary pages as issued.
Sec. 17. NRS 237.065 is hereby amended to read as follows:
237.065 1. In counties whose population is 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,] single-member districts mentioned in subsection 2 of NRS 237.035 [shall] must be formed so that the voters in each district elect their representative.
2. Elected representatives shall be residents of the district which they represent throughout their term of office.
Sec. 18. NRS 244.011 is hereby amended to read as follows:
244.011 1. In each county having a population of 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,] the board of county commissioners may, by ordinance, provide that the board of county commissioners shall consist of five members. Upon enactment of [such] the ordinance, the board of county commissioners shall submit the ordinance to the registered voters of the county at the next primary or general election. The voters at [such] the election shall vote on the question, Shall the board of county commissioners be increased to five members. If a majority of votes cast approve the question, the ordinance [shall become] becomes effective upon certification of the vote by the county clerk, otherwise, the ordinance [shall] does not become effective.
2. If [such an] the ordinance is enacted, the two additional members shall be elected at the next general election. One member shall be elected to an initial 2-year term and the other member shall be elected to an initial 4-year term. The county clerk shall, on or before the 1st Monday in June of the year in which [such] the election is to be held, designate which new position on the board will consist of a 2-year term and which will consist of a 4-year term. When the initial terms expire, subsequent terms for each new position [will be] are for 4 years.
κ1979 Statutes of Nevada, Page 509 (CHAPTER 338, SB 72)κ
3. A board of county commissioners increased to five members pursuant to this section shall not be decreased except by action of the legislature.
Sec. 19. NRS 244.014 is hereby amended to read as follows:
244.014 In each county having a population of 100,000 or more but less than [200,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:] 250,000:
1. At the general election in 1976, and every 4 years thereafter, two county commissioners shall be elected respectively from two of the county commissioner election districts established pursuant to this chapter.
2. At the general election in 1978, and every 4 years thereafter, three county commissioners shall be elected respectively from three of the county commissioner election districts established pursuant to this chapter.
3. The board of county commissioners shall establish five county commissioner election districts which [shall] must be as nearly equal in population as practicable. If the county comprises no partial assembly districts and a number of whole assembly districts that is evenly divisible by the number of county commissioners, each county commissioner election district [shall] must be composed of a number of contiguous and undivided assembly districts equal to this quotient.
Assembly district, as used in this subsection, means one of the districts, identified by number, established by NRS 218.080.
Sec. 20. NRS 244.018 is hereby amended to read as follows:
244.018 In any county whose population is 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,] where new or changed county commissioner election districts must be established because of changes in population or applicable law, the board of county commissioners shall establish [such] those districts by ordinance and provide for the election from specified districts of the proper numbers of county commissioners for 4-year and 2-year terms respectively so that the numbers of county commissioners to be elected at each general election thereafter will be as nearly equal as possible. If at the time a general election is to be conducted for the election of county commissioners from new districts there is incumbent any county commissioner, elected at large or from a validly established election district, whose term extends beyond the 1st Monday of January of the following year, he is entitled to serve out his term and shall be deemed to represent the new district in which he resides.
Sec. 21. NRS 244.025 is hereby amended to read as follows:
244.025 1. County commissioners shall be elected by the qualified electors of their respective counties.
2. At the general election held in 1968 and at the general election every 4 years thereafter, two persons shall be elected to serve on the board of county commissioners for terms of 4 years.
3. At the general election held in 1970 and at the general election held every 4 years thereafter, one person shall be elected to serve on the board of county commissioners for a term of 4 years.
κ1979 Statutes of Nevada, Page 510 (CHAPTER 338, SB 72)κ
4. This section [shall] does not apply to counties having a population of 100,000 or more. [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 22. NRS 244.050 is hereby amended to read as follows:
244.050 1. Whenever a number of registered voters equal to 35 percent or more of the number of persons registered to vote at the last preceding general election in any county in this state having less than 100,000 population [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall petition] petitions the board of county commissioners of their county to divide the county into three commissioner districts, the question [shall] must be submitted to the qualified electors of the county for approval or disapproval at the next succeeding general election. If a majority of the voters voting on [such] the question approve the division, the board of county commissioners shall divide the county into three commissioner districts on or before the 1st Monday in July preceding each general election. [Such] The division shall be made to conform to the established boundaries of election precincts or wards, and each election precinct or ward [shall] must be wholly within one of the commissioner districts herein provided for. Each commissioner district [shall] must embrace, as near as may be, one-third of the voting population of the county, to be determined by the vote cast at the last general election, and [shall] must consist of adjoining precincts; but in case not more than three election precincts or wards exist in the county, then each election precinct or ward [shall constitute] constitutes a commissioner district.
2. The board of county commissioners shall provide by resolution for the dates of election of commissioners from newly created districts, in such manner as to secure the earliest representation of each district as the terms of incumbent commissioners expire.
3. The board of county commissioners shall cause to be published in some newspaper in the county, if there be one, and if not, then by posting at the door of the courthouse and one or more conspicuous places in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established. [Such notice shall] The notice must be posted or published for a period of not less than 20 days prior to each general election.
4. County commissioners shall be elected at large by the qualified electors of the county.
5. [Such] The commissioner districts, regardless of when created, may be abolished by petition and election in the same manner as provided for their creation in subsection 1.
6. Upon the abolition of commissioner districts the incumbent county commissioners [shall be] are entitled to serve the remainder of the terms for which they were elected or appointed, and thereafter county commissioners shall be elected at large from within the county.
Sec. 23. NRS 244.164 is hereby amended to read as follows:
244.164 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 have the power to] may create the office of registrar of voters, [to] prescribe the qualifications, duties and compensation of [such] that office and [to] make appointments to [such] that office.
κ1979 Statutes of Nevada, Page 511 (CHAPTER 338, SB 72)κ
of registrar of voters, [to] prescribe the qualifications, duties and compensation of [such] that office and [to] make appointments to [such] that office.
2. The registrar of voters, upon appointment as provided in subsection 1, shall assume all of the powers and duties [heretofore] vested in and imposed upon the county clerk of [such] the county with respect to elections, except the duties imposed by virtue of NRS 293.393 to make out and deliver certificates of election.
Sec. 24. NRS 244.286 is hereby amended to read as follows:
244.286 1. The board of county commissioners of any county whose population is [200,000] 250,000 or more [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] may enter into an agreement with a corporation incorporated to advance civic interests in a county, under the provisions of NRS 81.350 to 81.400, inclusive, whereby the corporation agrees to construct an athletic facility according to specifications adopted by [such] the board of county commissioners and thereupon enter into a lease-purchase agreement with [such] the board of county commissioners for [such] that building or facility.
2. Any such board of county commissioners may convey property to such a corporation where the purpose of [such] the conveyance is the entering into an agreement contemplated by subsection 1.
Sec. 25. NRS 244.3081 is hereby amended to read as follows:
244.3081 1. In addition to powers elsewhere conferred upon counties, any 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,] is authorized and empowered:
(a) To establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better recreational and park facilities and buildings therefor, and improvements incidental thereto;
(b) To equip and furnish the same;
(c) To acquire suitable sites or grounds, or any interests therein, for any [such] recreational or park facilities; and
(d) To operate and maintain [such] the facilities and to sell and otherwise dispose of [such] the facilities.
2. Recreational and park facilities [shall be deemed to] include, without limiting the generality of the provisions of subsection 1, [such] those buildings, incidental improvements, equipment, furnishing, sites and grounds, or interest therein, as are used for [such] recreational and park purposes.
Sec. 26. 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, soft-drink 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 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.
κ1979 Statutes of Nevada, Page 512 (CHAPTER 338, SB 72)κ
(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 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 is the clerk thereof, in the respective counties of this state.
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 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 therefor as provided in this section is guilty of a misdemeanor.
8. In any county having a population of [200,000] 250,000 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 person for the purpose of prostitution.
κ1979 Statutes of Nevada, Page 513 (CHAPTER 338, SB 72)κ
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 person for the purpose of prostitution.
Sec. 27. NRS 244.347 is hereby amended to read as follows:
244.347 1. The county license board of a county having a population of 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,] may license greyhound racing in the county outside of an incorporated city or incorporated town.
2. An application for licensing under this section must not be considered unless the applicant has first been approved for licensing by the Nevada racing commission. Each member of the firm, partnership, association or corporation receiving [such] the license must have been approved by the county license board before [such] the license is issued. Not more than one such license may be issued and it is not transferable.
3. Such racing is subject to the control of the Nevada racing commission. Pari-mutuel wagering may be permitted at the track where such racing occurs.
Sec. 28. NRS 244.366 is hereby amended to read as follows:
244.366 1. The board of county commissioners of any county having a population of [200,000] 250,000 or more [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce] shall have the power, outside of the limits of incorporated cities and towns:
(a) To construct, acquire by gift, purchase or the exercise of eminent domain, otherwise acquire, reconstruct, improve, extend, better and repair water and sewer facilities, such as:
(1) A water system, including but not limited to water mains, conduits, aqueducts, pipelines, ditches, canals, pumping stations, and all appurtenances and machinery necessary or useful and convenient for obtaining, transporting or transferring water.
(2) A water treatment plant, including but not limited to reservoirs, storage facilities, and all appurtenances necessary or useful and convenient thereto for the collection, storage and treatment, purification and disposal of water for domestic uses and purposes.
(3) A storm sewer or sanitary sewage collection system, including but not limited to intercepting sewers, outfall sewers, force mains, collecting sewers, storm sewers, combined sanitary and storm sewers, pumping stations, ejector stations, and all other appurtenances necessary, useful or convenient for the collection, transportation and disposal of sewage.
(4) A sewage treatment plant, including but not limited to structures, buildings, machinery, equipment, connections and all appurtenances necessary, useful or convenient for the treatment, purification or disposal of sewage.
(b) To acquire, by gift, purchase or the exercise of the right of eminent domain, lands or rights in land or water rights in connection therewith, including but not limited to easements, rights-of-way, contract rights, leases, franchises, approaches, dams and reservoirs.
κ1979 Statutes of Nevada, Page 514 (CHAPTER 338, SB 72)κ
(c) To operate and maintain [any such] those water facilities, sewer facilities, lands, rights in land and water rights.
(d) To sell, lease, donate for public use and otherwise dispose of [such] those water facilities, sewer facilities, lands, rights in land and water rights.
(e) To prescribe and collect rates, fees, tolls or charges, including but not limited to the levy or assessments of such rates, fees, tolls or charges against governmental units, departments or agencies, including the State of Nevada and political subdivisions thereof, for the services, facilities and commodities furnished by [such] those water facilities and sewer facilities, and to provide methods of collections, and penalties, including but not limited to denial of service, for nonpayment of [such] the rates, fees, tolls or charges.
(f) To provide it is unlawful for any persons, associations and corporations owning, occupying or in any way controlling any building or other structure, any part of which is within 400 feet of any street, alley, court, passageway, other public highway, right-of-way, easement or other alley owned or occupied by the county in which a public sewer is then in existence and use, to construct, otherwise acquire, to cause or permit to be constructed or otherwise acquired, or to use or continue to use any private sewage displosal plant, privy vault, septic tank, cesspool or other private sewage system, upon such terms and conditions as the board of county commissioners may provide.
(g) To provide for the disconnection of plumbing facilities from any [such] of those private sewage facilities and for the discontinuance and elimination of [such] those private sewage facilities.
2. The powers conferred by this section [shall be] are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section [shall] do not affect the powers conferred by, any other law. No part of this section [shall repeal or affect] repeals or affects any other law or any part thereof, it being intended that this section [shall] provide a separate method of accomplishing its objectives, and not an exclusive one.
3. This section, being necessary to secure and preserve the public health, safety and convenience and welfare, [it shall] must be liberally construed to effect its purpose.
4. Any person, association or corporation violating any of the provisions of any ordinance adopted pursuant to this section [shall be] is guilty of a misdemeanor.
Sec. 29. NRS 244.380 is hereby amended to read as follows:
244.380 1. Annually, the boards of county commissioners of the several counties may include in their respective county budgets items to cover the expense of exploiting, promoting and publishing to home-seekers and the public at large, by any means in their judgment calculated to accomplish this purpose, the agricultural, mining and other resources, progress and advantages of their respective counties.
2. Such expenditures as may by the board of county commissioners be decided upon shall be met by including [the same] them in the annual tax levy of and for that county; provided:
(a) That the tax levy shall not in any 1 year exceed 3 cents on each $100 of the assessed valuation of the property in that county.
κ1979 Statutes of Nevada, Page 515 (CHAPTER 338, SB 72)κ
(b) That in counties [in which there were cast for Representative in Congress, at the last preceding general election 6,221 or more votes,] having a population of 100,000 or more, the county commissioners of [such] those counties may levy a tax of 2 cents on each $100 of the assessed valuation of property in that county.
(c) That pending the accumulation and setting aside of the fund for the purposes authorized by this section, the boards of county commissioners are authorized and empowered to pledge their respective counties for those purposes to an amount not exceeding the sum to be raised as in this section provided, and to be paid out of the fund raised and set aside therefor as herein authorized.
3. The boards of county commissioners may enter into contracts with any person, group, corporation, agency or commission to carry out the purposes of this section and are authorized to pay over to any such person, group, corporation, agency or commission, pursuant to such contracts, any moneys derived from the tax levy provided for in subsection 2.
Sec. 30. NRS 244.3821 is hereby amended to read as follows:
244.3821 1. In addition to the powers elsewhere conferred upon all counties, any county whose population is 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,] may establish a medical scholarship program to induce students in the medical professions to return to [such] those counties for practice. Students in the medical professions for the purposes of NRS 244.382 to 244.3823, inclusive, [shall] include persons studying to be physicians assistants.
2. The boards of county commissioners of [such] those counties may appropriate [moneys] money from the general fund of the counties for medical scholarship funds and may accept private contributions to augment the scholarship funds.
Sec. 31. NRS 244.645 is hereby amended to read as follows:
244.645 1. Whenever the board of county commissioners of any county or the board of supervisors of Carson City desires the powers granted in NRS 244.640 to 244.780, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of [such] those powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive. After approval of the resolution, the county or city clerk shall:
(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county or city; and
(b) In the case of a county, cause a certified copy of the resolution to be mailed by registered or certified mail to the mayor or other chief executive officer of each incorporated city within the county.
2. In counties having a population of 100,000 or more, the county fair and recreation board shall be selected as provided in NRS 244.646 or 244.647. In counties having a population of 11,000 or more and less than 100,000, and in which there is [one or] more than one incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member and any incorporated city which is the county seat shall be represented by four members.
κ1979 Statutes of Nevada, Page 516 (CHAPTER 338, SB 72)κ
city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered or certified mail to the county clerk.
3. In all other counties having a population of less than [11,000,] 100,000, any incorporated city which is the county seat shall be represented by one member, who shall be appointed and certified as provided in [this section,] subsection 2, and the board of county commissioners shall appoint three representatives as follows:
(a) One member to represent the motel operators in the county.
(b) One member to represent the hotel operators in the county.
(c) One member to represent the other commercial interests in the county.
[3.] 4. In all counties having a population of less than 100,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.
[4. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
5. In Carson City the board of supervisors shall appoint five representatives to the fair and recreation board established as provided in subsection 1 as follows:
(a) Two members to represent the hotel and motel operators in the city.
(b) One member to represent the other commercial interests in the city.
(c) One member who is a member of the board of supervisors.
(d) One member to represent the city at large.
6. Members who are not elected officials shall serve for 2-year terms.
7. The terms of all elected officials [shall be] are coterminous with their terms of office. Any such member may succeed himself.
Sec. 32. NRS 244.646 is hereby amended to read as follows:
244.646 1. In any county having a population of 100,000 or more, and less than [200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 250,000, the county fair and recreation board consists of nine members who are appointed as follows:
(a) Two members, by the board of county commissioners.
(b) Two members, by the governing body of the largest incorporated city in the county.
(c) One member, by the governing body of the next largest incorporated city in the county.
(d) Except as provided in subsection 2, four members, by the members appointed pursuant to paragraphs (a), (b) and (c), from lists of three nominees for each position submitted by the chamber of commerce of the largest incorporated city in the county.
κ1979 Statutes of Nevada, Page 517 (CHAPTER 338, SB 72)κ
three nominees for each position submitted by the chamber of commerce of the largest incorporated city in the county. The lists [shall] must respectively include nominees who are actively engaged in:
(1) Resort hotel business.
(2) Motel business.
(3) Banking or other financial occupations.
(4) General business or commerce.
2. [If before July 1, 1977, a county fair and recreation board has created an advisory board of four members who respectively are actively engaged in the resort hotel business, the motel business, banking or other financial occupations and general business or commerce, such advisory board members shall be appointed on July 1, 1977, as the first four members specified in paragraph (d) of subsection 1.
3.] The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 shall be coterminous with their terms of office. Of the members first appointed pursuant to paragraph (d) of subsection 1, two members shall be appointed for terms of 1 year and two members shall be appointed for terms of 2 years. Thereafter such members shall be appointed for 2-year terms. Any vacancy occurring on the board [shall] must be filled by the authority entitled to appoint the member whose position is vacant.
[4.] 3. If a member ceases to be engaged in the business or occupation which he was appointed to represent, he ceases to be a member, and another person engaged in that business or occupation shall be appointed for the unexpired term.
[5.] 4. Any member appointed by the board of county commissioners or a governing body of a city shall be a member of the appointing board or body.
Sec. 33. NRS 244.647 is hereby amended to read as follows:
244.647 1. In any county having a population of [200,000] 250,000 or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] the county fair and recreation board consists of 11 members selected as follows:
(a) Two members by the board of county commissioners from their own number.
(b) Two members by the governing body of the largest incorporated city in the county from their own number.
(c) One member by the governing body of the second largest incorporated city in the county from their own number.
(d) One member by the governing body of one of the other incorporated cities in the county from their own number.
(e) Five members to be appointed by the members selected pursuant to paragraphs (a), (b), (c) and (d). [Such] These members shall be selected from a list of three nominees for each position submitted by the chamber of commerce of the largest incorporated city in the county. The members shall be selected as follows:
(1) Two members who are representatives of the resort hotel business, at least one of whom is engaged in that business in the central business district of the largest city;
κ1979 Statutes of Nevada, Page 518 (CHAPTER 338, SB 72)κ
(2) One member who is a representative of motel operators;
(3) One member who is a representative of finance business; and
(4) One member who is a representative of other commercial interests.
2. In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph (d) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city shall be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing, until July 1, 1975. Commencing July 1, 1975, the city then entitled to representation on the board is entitled to representation for 2 years, and thereafter each city is entitled to representation for 2 years in its proper turn as determined by the original drawing.
3. Any vacancy occurring on a county fair and recreation board [shall] must be filled by the authority entitled to appoint the member whose position is vacant.
4. After the initial appointments of members appointed pursuant to paragraph (e) of subsection 1, all members shall be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business shall be appointed to fill the unexpired term. Any such member may succeed himself.
5. The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 [shall be] are coterminous with their terms of office. Any such member may succeed himself.
Sec. 34. NRS 244.660 is hereby amended to read as follows:
244.660 1. Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at county expense, in an amount not to exceed $1,000, and conditioned for the faithful performance of his duties as a member of the board.
2. Except as provided in subsection 3, no member [shall] may receive any compensation as an employee of the board or otherwise, and no member of the board [shall] may be interested in any contract or transaction with the board or the county except in his official representative capacity.
3. Each member of a board created and existing in a 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] shall receive $100 per month or $25 for each regular board meeting attended, whichever is less.
Sec. 35. NRS 244.6861 is hereby amended to read as follows:
244.6861 In any county having a population of 100,000 or more and less than [200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 250,000, the county fair and recreation board may at any time [or from time to time] appropriate and authorize the expenditure of [moneys] money derived from any source and under the jurisdiction of the board for recreational facilities as described in NRS 244.640, regardless of any limitations in any transfer to the board of the proceeds of any license taxes or other [moneys] money initially caused to be collected by any political subdivision, but subject to any contractual limitations pertaining to [moneys] money so appropriated and subject to any existing appropriations and any other encumbrances on [such moneys] that money to meet obligations existing when [such an] the appropriation is made, accrued or not accrued and determinable or contingent.
κ1979 Statutes of Nevada, Page 519 (CHAPTER 338, SB 72)κ
time [or from time to time] appropriate and authorize the expenditure of [moneys] money derived from any source and under the jurisdiction of the board for recreational facilities as described in NRS 244.640, regardless of any limitations in any transfer to the board of the proceeds of any license taxes or other [moneys] money initially caused to be collected by any political subdivision, but subject to any contractual limitations pertaining to [moneys] money so appropriated and subject to any existing appropriations and any other encumbrances on [such moneys] that money to meet obligations existing when [such an] the appropriation is made, accrued or not accrued and determinable or contingent.
Sec. 36. NRS 244.687 is hereby amended to read as follows:
244.687 Notwithstanding any other provision of law, no county fair and recreation board in a county having a population of 100,000 or more and less than [200,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall] 250,000 may acquire, purchase, lease, sell, or dispose of any real property or engage in any other transaction relating to real property without prior approval of the board of county commissioners.
Sec. 37. NRS 244.775 is hereby amended to read as follows:
244.775 No county having a population of [200,000] 250,000 or more [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall] may ever become indebted for [such] those county recreational purposes under the provisions of NRS 244.640 to 244.780, inclusive, by the issuance of [such] general obligation bonds and other general obligation securities (other than any notes or warrants maturing within 1 year from the respective dates of their issuance), but excluding any outstanding revenue bonds, special assessment bonds or other special obligation securities, and excluding any [such] outstanding general obligation notes and warrants, exceeding 5 percent of the total last assessed valuation of the taxable property in the county; and no such county [shall] may ever become indebted in an amount exceeding 10 percent of [such] that valuation by the issuance of any [such] general obligation securities (other than any such notes or warrants), but excluding any [such] outstanding special obligation securities and excluding any [such] outstanding general obligation notes and warrants.
Sec. 38. NRS 244.780 is hereby amended to read as follows:
244.780 No county having a population of less than [200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall] 250,000 may ever become indebted for [such] those county recreational purposes under the provisions of NRS 244.640 to 244.780, inclusive, by the issuance of [such] general obligation bonds and other general obligation securities (other than any notes or warrants maturing within 1 year from the respective dates of their issuance), but excluding any outstanding revenue bonds, special assessment bonds, or other special obligation securities, and excluding any [such] outstanding general obligation notes and warrants, exceeding 3 percent of the total last assessed valuation of the taxable property in the county; and no such county [shall] may ever become indebted in an amount exceeding 10 percent of [such] that valuation by the issuance of any [such] general obligation securities (other than any such notes or warrants), but excluding any [such] outstanding special obligation securities and excluding any [such] outstanding general obligation notes and warrants.
κ1979 Statutes of Nevada, Page 520 (CHAPTER 338, SB 72)κ
county [shall] may ever become indebted in an amount exceeding 10 percent of [such] that valuation by the issuance of any [such] general obligation securities (other than any such notes or warrants), but excluding any [such] outstanding special obligation securities and excluding any [such] outstanding general obligation notes and warrants.
Sec. 39. NRS 244.9221 is hereby amended to read as follows:
244.9221 NRS 244.922 to 244.9263, inclusive, [shall apply] applies to any county having a population of [200,000] 250,000 or more. [according to the last national census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 40. NRS 244.9238 is hereby amended to read as follows:
244.9238 1. In each county there shall be appointed a technical advisory committee to be designated as the county sewage and waste water advisory committee.
2. The advisory committee [shall consist] consists of two members appointed by the board, three members appointed by the governing body of the most populous city in the county, two members appointed by the governing body of the second most populous city in the county, one member appointed by the governing body of each other city in the county, and one member appointed by the governing body of each water district, sanitation district or water and sanitation district in the county having within its boundaries a population of 5,000 or more. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
3. Each [such] appointee shall be an employee of the municipality or district whose governing body is required to make [such] the appointment and shall at the time of [such] that employment be actively engaged in the operation or management of sewer or water facilities within [such] the municipality or district, except the county prior to its operation of facilities.
4. Each [such] appointee shall serve without additional compensation or fidelity bond for his duties as a member of the advisory committee and [shall remain] remains a member until death or resignation or his termination as a member, with or without cause, by the governing body of the appointing municipality or district and its appointment of his successor. The governing body of an appointing municipality or district shall in any case terminate the membership on the advisory committee of any of its appointed members within a reasonable time after [such] any member ceases to be employed by the municipality or district in sewer or water work and shall appoint a successor with [such] the required qualifications.
5. The committee shall elect such officers from within its membership, fix such time and place of meetings, adopt such rules of procedure and keep such records all as in its sole discretion it shall determine to be consistent with the purposes of NRS 244.922 to 244.9263, inclusive.
6. No member of the advisory committee may be interested in any contract or transaction with the county under consideration by the advisory committee except in his official representative capacity or in his capacity as a public officer or employee.
κ1979 Statutes of Nevada, Page 521 (CHAPTER 338, SB 72)κ
7. The advisory committee shall proceed immediately upon appointment and at all times thereafter diligently to inform itself as to all laws, matters and things which may be of significance in maintaining the quality of collection, disposal and treatment of sewage and waste water in the county and the consequent purity of water within the county. The advisory committee shall also advise the board of conditions which in the judgment of the advisory committee require action by the board, and make recommendations in regard thereto.
8. It is the intent of NRS 244.922 to 244.9263, inclusive, that the existence and activities of the advisory committee [shall] in no way diminish the responsibility of the board or the officers of the county in fulfilling the legislative declaration expressed in NRS 244.9222 and in performing its duties as the master agency of the county in [such] these matters.
Sec. 41. NRS 245.065 is hereby amended to read as follows:
245.065 1. When an employee of a county other than a department head, county manager or county administrator who has been employed by the county for 12 or more months is dismissed from employment he may request within 15 days of the date of dismissal a written statement specifically setting forth the reasons for [such] the dismissal. Within 15 days of the date of [such] the request he shall be furnished [such a] the written statement. Within 30 days after receipt of [such] the written statement, the dismissed employee may, in writing, request a public hearing before the board of county commissioners to determine the reasonableness of [such] the action. The board of county commissioners shall grant the dismissed employee a public hearing within 15 days after receipt of the written request. At the public hearing, technical rules of evidence [shall] do not apply.
2. Boards of county commissioners are authorized to enact ordinances necessary to make effective the purposes of this section.
3. The provisions of this section do not apply in counties having a population of 100,000 or more. [, as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 42. NRS 245.213 is hereby amended to read as follows:
245.213 1. In each county having a population of 100,000 or more 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 national 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. 43. NRS 245.350 is hereby amended to read as follows:
245.350 1. The board of county commissioners of any county may, by order of the board and for the purpose of providing advance [moneys] money to county officers and employees for travel expenses and subsistence allowances, create a fund, designated the county travel revolving fund in amounts as follows:
κ1979 Statutes of Nevada, Page 522 (CHAPTER 338, SB 72)κ
by order of the board and for the purpose of providing advance [moneys] money to county officers and employees for travel expenses and subsistence allowances, create a fund, designated the county travel revolving fund in amounts as follows:
(a) In counties having a population of [200,000] 250,000 or more [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce such] the fund shall not exceed $7,000.
(b) In counties having a population under [200,000, such] 250,000, the fund shall not exceed $2,500.
2. The county treasurer shall deposit the [moneys] money in the county travel revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS.
3. Notwithstanding the provisions of any other law, the county treasurer or his deputy shall sign all checks and warrants drawn upon the county travel revolving fund.
Sec. 44. NRS 248.095 is hereby amended to read as follows:
248.095 In counties having a population of 650 or less, [as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce,] sheriffs shall cooperate with police officers in patrolling unincorporated towns in order that [such towns shall] those towns be patrolled at all hours during which patrol is found to be necessary by the board of county commissioners.
Sec. 45. NRS 248.245 is hereby amended to read as follows:
248.245 In counties having a population of 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,] the sheriff shall report immediately to the public administrator all deaths which he gains knowledge of in the performance of his duties.
Sec. 46. NRS 251.010 is hereby amended to read as follows:
251.010 1. The county recorder [shall be] is ex officio county auditor in counties having a population of 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.]
2. County auditors shall keep an office at the county seat of their county, which [shall] must be kept open in accordance with the provisions of NRS 245.040.
Sec. 47. NRS 251.170 is hereby amended to read as follows:
251.170 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:]
(a) Where there is a county administrator or county manager, the county administrator or county manager, with the confirmation of the board of county commissioners, shall appoint a county comptroller.
(b) Where there is no county administrator or county manager, the board of county commissioners shall appoint a county comptroller.
The county comptroller shall perform all of the duties required of county auditors under this chapter or any other applicable law of this state, including county ordinances.
2. In any county having a population of 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:]
κ1979 Statutes of Nevada, Page 523 (CHAPTER 338, SB 72)κ
determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:]
(a) Where there is a county administrator or county manager, the county administrator or county manager, with the confirmation of the board of county commissioners, may appoint a county comptroller.
(b) Where there is no county administrator or county manager, the board of county commissioners may appoint a county comptroller.
The county comptroller shall perform all of the duties required of county auditors under this chapter or any other applicable law of this state, including county ordinances.
3. The board may fix the compensation of the county comptroller. In counties where there is a county administrator or county manager, [such] the administrator or manager may specify the procedures which the county comptroller shall follow in performing the duties of his office. In counties where there is no county administrator or county manager, the board of county commissioners may specify the procedures which the county comptroller shall follow in performing the duties of his office.
4. The county comptroller [shall be] is the chief fiscal officer of his county under the direction of the county administrator or county manager, where there is one, subject to approval of the board of county commissioners. Where there is no county administrator or county manager, the county comptroller [shall be] is under the direction of the board of county commissioners.
5. The county comptroller, as directed by the board of county commissioners, shall audit all books and records of any fund or department of the county and report the findings to the board.
6. The county comptroller shall keep an office at the county seat of his county, which [shall] must be kept open in accordance with the provisions of NRS 245.040.
Sec. 48. NRS 252.045 is hereby amended to read as follows:
252.045 The district attorney of a county having a population of 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] may engage in the private practice of law except as provided in NRS 245.043 and 245.0435. In any other county, the district attorney shall not engage in the private practice of law. [after July 1, 1975.]
Sec. 49. NRS 252.070 is hereby amended to read as follows:
252.070 1. All district attorneys are authorized to appoint deputies, who [shall have power to] may transact all official business appertaining to the offices, to the same extent as their principals.
2. District attorneys [shall be] are responsible on their official bonds for all official malfeasance or nonfeasance of the [same.] deputies. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.
3. All appointments of deputies under the provisions of this section shall be in writing, and shall, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the district attorney legally holds and exercises his office. Revocations of [such] those appointments shall also be filed and recorded as herein provided.
κ1979 Statutes of Nevada, Page 524 (CHAPTER 338, SB 72)κ
appointments shall also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the [same.] appointments or revocations.
4. Deputy district attorneys of counties having a population of 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] may engage in the private practice of law. In any other county, deputy district attorneys shall not engage in the private practice of law. [after July 1, 1975.]
5. Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his office may require. The compensation of any such person appointed shall be fixed by the board of county commissioners.
Sec. 50. NRS 253.045 is hereby amended to read as follows:
253.045 In addition to other duties provided in this chapter, in counties having population of 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,] the public administrator shall:
1. Obtain all information concerning deceased persons and their estates which is required to be given to him by:
(a) The county health officer;
(b) The sheriff or any constable; or
(c) Any other public officers.
2. Contact the next of kin of any deceased person listed in the report filed by the county health officer concerning the administration of [such] that persons estate.
Sec. 51. NRS 258.010 is hereby amended to read as follows:
258.010 1. Except as provided in subsections 2 and 3:
(a) Constables shall be elected by the qualified electors of their respective townships.
(b) The constables of the several townships of the state shall be chosen at the general election of 1966, and shall enter upon the duties of their offices on the 1st Monday of January next succeeding their election, and shall hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.
(c) Constables shall receive certificates of election from the boards of county commissioners of their respective counties.
2. In any county which includes but one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. [Such a] The resolution shall not [be] become effective until the completion of the term of office for which a constable may have been elected.
3. In all counties having a population of more than [200,000] 250,000 or 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,] if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may by ordinance abolish the office of constable in such one or more townships.
κ1979 Statutes of Nevada, Page 525 (CHAPTER 338, SB 72)κ
constable in such one or more townships. For any township in which the office of constable has been abolished, the board of county commissioners may by resolution appoint the sheriff ex officio constable to serve without additional compensation.
Sec. 52. NRS 258.065 is hereby amended to read as follows:
258.065 1. In any township [in this state wherein the population at the last preceding federal decennial census was] having a population of 25,000 or more, the board of county commissioners may appoint for the constable of [any such] that township a clerk, and provide compensation therefor.
2. The constables clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of [such] that township and county.
3. The constables clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.
Sec. 53. NRS 258.075 is hereby amended to read as follows:
258.075 In counties having a population of 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,] every constable shall report immediately to the public administrator all deaths which he gains knowledge of in the performance of his duties.
Sec. 54. NRS 260.010 is hereby amended to read as follows:
260.010 1. In counties having a population of 100,000 or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] the boards of county commissioners shall create by ordinance the office of public defender. In counties having a population of 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,] boards of county commissioners shall have the power and jurisdiction in their respective counties to create by ordinance the office of public defender.
2. The office of public defender when created shall be filled by appointment by the board of county commissioners.
3. The public defender shall serve at the pleasure of the board of county commissioners.
Sec. 55. NRS 260.040 is hereby amended to read as follows:
260.040 1. The compensation of the public defender shall be fixed by the board of county commissioners. The public defender of any two or more counties shall be compensated and be permitted private civil practice of the law as determined by the boards of county commissioners of [such] those counties, subject to the provisions of subsection 4.
2. The public defender may appoint as many deputies or assistant attorneys, clerks, investigators, stenographers and other employees as he considers necessary to enable him to carry out his responsibilities, with the approval of the board of county commissioners. An assistant attorney must be a qualified attorney licensed to practice in this state and may be placed on a part-time or full-time basis.
κ1979 Statutes of Nevada, Page 526 (CHAPTER 338, SB 72)κ
3. The compensation of persons appointed under subsection 2 [shall] must be fixed by the board of county commissioners of the county or counties so served.
4. The public defender and his deputies and assistant attorneys in a county having a population of 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] may engage in the private practice of law. In any other county, the public defender and his deputies and assistant attorneys shall not engage in the private practice of law. [after July 1, 1975.]
5. The board of county commissioners shall provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of the business of his office. However, the board of county commissioners may provide for an allowance in place of facilities. Each [such item] of those items is a charge against the county in which public defender services are rendered. If the public defender serves more than one county, expenses that are properly allocable to the business of more than one of those counties [shall] must be prorated among the counties concerned.
Sec. 56. NRS 267.485 is hereby amended to read as follows:
267.485 Municipality means any incorporated city or any incorporated town organized pursuant to NRS 267.010 to 267.140, inclusive, which has a population of 4,000 or more. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 57. NRS 268.085 is hereby amended to read as follows:
268.085 Before the city council or other governing body of any incorporated city or town in any county having a population of 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,] grants a franchise to any person, company or association to construct, maintain and operate a television installation system where a general improvement district has been formed in the county where [such] that city or town is located, to exercise the powers conferred by NRS 318.1192, [such] the city council or governing body shall notify the board of county commissioners of [such] that county of its intention to grant [such a franchise. Such franchise shall] the franchise. The franchise may not be granted unless it is approved by the qualified electors of [such] the district in the manner prescribed in NRS 318.1194.
Sec. 58. NRS 268.570 is hereby amended to read as follows:
268.570 The provisions of NRS 268.570 to 268.608, inclusive, [shall] apply only to cities located in counties having a population of [200,000] 250,000 or more. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 59. NRS 268.577 is hereby amended to read as follows:
268.577 1. No city in a county having a population of [200,000] 250,000 or more [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] shall in any manner solicit the commencement of proceedings, or the circulation of any petition for the annexation of any property to [such] that city.
κ1979 Statutes of Nevada, Page 527 (CHAPTER 338, SB 72)κ
or the circulation of any petition for the annexation of any property to [such] that city.
2. Annexation proceedings conducted pursuant to any solicitation prohibited by subsection 1 are void.
Sec. 60. NRS 268.610 is hereby amended to read as follows:
268.610 1. The provisions of NRS 268.610 to 268.670, inclusive, apply only to cities located in counties having a population of less than [200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.] 250,000.
2. The provisions of NRS 268.610 to 268.670, inclusive, except NRS 268.663, do not apply to any city specified in subsection 1 whose charter provides specifically for the creation of an annexation commission to serve the city.
Sec. 61. NRS 268.626 is hereby amended to read as follows:
268.626 There is hereby created, in each county of the state having a population [according to the most recent decennial census of the Bureau of the Census of the United States Department of Commerce] of 100,000 or more and less than [200,000,] 250,000, a city annexation commission which [shall consist] consists of members to be selected as follows:
1. Two members representing the county, one of whom shall be the chairman of the board of county commissioners and the other a member of the board to be chosen by the board.
2. One member representing each city, who shall be a member of the governing body to be chosen by the governing body.
3. If the provisions of subsections 1 and 2 result in an even number of members, one member shall be added who [shall be] is a resident owner of real property in the county chosen by the members of the commission already selected. If at the expiration of 90 days after the end of the month in which commission members are to be selected, as provided in NRS 268.628, no additional member has been chosen, the governor shall appoint some person qualified as provided in this subsection.
Sec. 62. NRS 269.011 is hereby amended to read as follows:
269.011 The provisions of NRS 269.016 to 269.022, inclusive, and 269.024 to 269.0248, inclusive, apply to each unincorporated town in a county having a population of less than [200,000] 250,000 which has not elected to accept the provisions of the Unincorporated Town Government Law. [(NRS 269.500 to 269.625, inclusive).]
Sec. 63. NRS 269.0165 is hereby amended to read as follows:
269.0165 1. A town board form of government may be adopted by means of initiative petition of the residents of [such] the town.
2. The procedures established by NRS 295.085 to 295.125, inclusive, for the adoption of county ordinances by initiative petition [shall] must be followed by [such] the residents and each document of the petition [shall] must set forth briefly the proposal to establish a town board form of government. The election required to be held if the proposal is not adopted by the board of county commissioners [shall] must be held not less than 30 days nor more than 60 days after the date of the final board vote thereon.
κ1979 Statutes of Nevada, Page 528 (CHAPTER 338, SB 72)κ
3. Members of the town board shall be appointed and elected as provided in:
(a) NRS 269.017, if the proposal to adopt the town board form of government is approved by the board of county commissioners; or
(b) NRS 269.0171, if [such] the proposal is submitted to the electors for their approval.
4. This section does not apply to any 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.]
Sec. 64. NRS 269.400 is hereby amended to read as follows:
269.400 As used in NRS 269.405 to 269.470, inclusive, town means an unincorporated town in the State of Nevada having a population of less than 7,500. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 65. NRS 269.530 is hereby amended to read as follows:
269.530 The provisions of the Unincorporated Town Government Law apply:
1. To each unincorporated town in any county having a population of [200,000] 250,000 or more. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
2. To each unincorporated town in any other county, upon the passage of an ordinance adopting the Unincorporated Town Government Law by the board of county commissioners.
Sec. 66. NRS 277.060 is hereby amended to read as follows:
277.060 1. In any 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,] any county, city, town, unincorporated city or town, water district, sewer or sanitation district or other political subdivision of the state authorized by law to acquire, operate and maintain water or sewage facilities, or both, or to improve a governmental service in connection therewith, may contract with one or more of [such] these political subdivisions [, provided such contract shall be] if the contract is authorized by each party thereto with the approval of its legislative body or other authority having the power to enter into or approve [such] the contract.
2. Any such contract shall set forth fully the purposes, powers, rights, obligations and responsibilities, financial and otherwise, of the contracting parties.
3. The contract may:
(a) Include, among other things, the renting of machinery and equipment, mobile or otherwise.
(b) Provide for the payment for water facilities, sewer facilities, lands, rights in land and water rights sold, leased or otherwise alienated, [such] the payment to be made within a period of time not exceeding 30 years from the date of the contract from the rates, fees, tolls or charges derived from the operation of the water or sewer facilities, or both, upon such terms and conditions as may be specified in the contract, without [such] the obligation being authorized by any qualified electors of any political subdivision which is a party to the contract.
κ1979 Statutes of Nevada, Page 529 (CHAPTER 338, SB 72)κ
without [such] the obligation being authorized by any qualified electors of any political subdivision which is a party to the contract.
4. The equipment and employees of any such political subdivision, while engaged in performing any [such] governmental service, activity or undertaking under [such a] the contract, shall have and retain all the rights, privileges and immunities of, and shall be deemed to be engaged in the service and employment of, [such] that political subdivision, not withstanding [such] that the governmental service, activity or undertaking is being performed in or for another [such] political subdivision.
5. The powers conferred by this section [shall be] are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section [shall] do not affect the powers conferred by, any other law. No part of this section [shall repeal or affect] repeals or affects any other law or any part thereof, it being intended that this section [shall] provide a separate method of accomplishing its objectives, and not an exclusive one.
6. This section, being necessary to secure and preserve the public health, safety and convenience and welfare, [it shall] must be liberally construed to effect its purpose.
Sec. 67. NRS 278.040 is hereby amended to read as follows:
278.040 1. The members of the planning commission shall be appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The members shall hold no other public office, except that one [such] member may be a member of the zoning board of adjustment. The majority of the members of the county planning commission in any county of over [200,000] 250,000 population shall reside within the unincorporated area of the county, subject to the provisions of subsection 7.
2. In Carson City, the members of the planning commission established as provided in NRS 278.030 shall be appointed by the mayor from the city at large, with the approval of the board of supervisors.
3. All members of the commission shall serve [as such] without compensation excepting reasonable traveling expenses made necessary in the fulfillment of their duties.
4. The term of each member [appointed after February 15, 1959, shall be] is 4 years, or until his successor takes office. [, except that the terms of two of the members first appointed shall be 3 years, and the respective terms of two members first appointed shall be 1 and 2 years. Members appointed prior to February 15, 1959, may serve the balance of the term for which they were appointed.]
5. Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty or malfeasance of office.
6. Vacancies occurring otherwise than through the expiration of term [shall] must be filled for the unexpired term.
7. Appointments to meet the requirements of subsection 1 with respect to members residing in unincorporated areas in counties of over [200,000] 250,000 population shall be made as follows:
κ1979 Statutes of Nevada, Page 530 (CHAPTER 338, SB 72)κ
(a) The member newly appointed on July 1, 1973, shall reside in the unincorporated area of the county; and
(b) The members appointed to fill the next three vacancies, whether occurring by expiration of term or otherwise, shall reside in the unincorporated area of the county.
Sec. 68. NRS 278.150 is hereby amended to read as follows:
278.150 1. The planning commission shall prepare and adopt a comprehensive, long-term general plan for the physical development of the city, county or region which in the commissions judgment bears relation to the planning thereof.
2. The plan shall be known as the master plan, and [shall] must be so prepared that all or portions thereof, except as provided in subsection 3, may be adopted by the governing body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for the development of the city, county or region for such reasonable period of time next ensuing after the adoption thereof as may practically be covered thereby.
3. In counties having a population of 100,000 or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] if the governing body of the city or county adopts only a portion of the master plan, it shall include in [any such] that portion a conservation plan and a population plan as provided in NRS 278.160.
Sec. 69. NRS 278.170 is hereby amended to read as follows:
278.170 1. The commission may prepare and adopt all or any part of the master plan or any subject thereof, except as provided in subsection 2, for all or any part of the city, county or region; but master regional plans [shall] must be coordinated with similar plans of adjoining regions, and master county and city plans within each region [shall] must be coordinated so as to fit properly into the master plan for the region.
2. In counties having a population of 100,000 or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] if the commission prepares and adopts less than all subjects of the master plan, as outlined in NRS 278.160, it shall include, in [any such] its preparation and adoption, the conservation and population plans described in [such] that section.
Sec. 70. NRS 278.345 is hereby amended to read as follows:
278.345 Whenever any subdivider proposes to subdivide any lands within an incorporated city in a county having a population of [200,000] 250,000 or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] which does not have a regional planning commission, the city planning commission or governing body shall file a copy of the subdividers tentative map of the proposed subdivision with the county planning commission. The county planning commission shall have not to exceed 30 days time for action on the map and report to the governing body of the city in which the subdivision is situated. The planning commission or governing body of the city shall take in to consideration the report of the county planning commission before approving the tentative map of any subdivision.
κ1979 Statutes of Nevada, Page 531 (CHAPTER 338, SB 72)κ
report of the county planning commission before approving the tentative map of any subdivision.
Sec. 71. NRS 278.564 is hereby amended to read as follows:
278.564 1. Any deed restrictions in the unincorporated area of a county having a population of 100,000 or more but less than [200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 250,000, recorded subsequent to July 1, 1973, may provide for the establishment and operation, under appropriate rules and procedure, of a construction committee.
2. As soon as a construction committee has been established and organized pursuant to the provisions of subsection 1, and no later than January 1 of each year thereafter, the officers of [such] the committee shall file an affidavit with the building inspector having jurisdiction over the area within which the subdivision is situated, identifying the committee as the duly constituted construction committee empowered pursuant to recorded deed restrictions to determine compliance with [such] those restrictions on lots in the subdivision. [Such affidavit shall] The affidavit must also set forth the names of the officers of [such] the committee, including the address of a particular officer designated as the duly authorized representative of the committee for the purposes of NRS 278.563 to 278.568, inclusive.
Sec. 72. NRS 278.565 is hereby amended to read as follows:
278.565 1. A copy of deed restrictions proposed for a subdivision in a county having a population of 100,000 or more but less than [200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall] 250,000 must be filed with the planning commission or governing body with the tentative map.
2. Upon final approval of the subdivision, a copy of [such restrictions shall] the restrictions must be:
(a) Filed with the building inspector having jurisdiction over the area within which [such] the subdivision is situated.
(b) Presented to each prospective purchaser of real property within [such] the subdivision.
Sec. 73. NRS 278.566 is hereby amended to read as follows:
278.566 1. Except as provided in subsection 3, the building inspector in a county having a population of 100,000 or more but less than [200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 250,000, shall not issue any building permit for the construction, reconstruction, alteration or use of any building or other structure on a lot subject to deed restrictions unless he has received a written report thereon from the construction committee.
2. An application for a written report [shall] must be made by certified mail addressed to the duly authorized representative of the construction committee. If the construction committee fails or refuses to submit its written report to the building inspector within 20 days from the date of its receipt of a written request therefor, the building inspector shall proceed as provided by law in cases where there is no functioning construction committee.
κ1979 Statutes of Nevada, Page 532 (CHAPTER 338, SB 72)κ
proceed as provided by law in cases where there is no functioning construction committee.
3. This section [shall] does not apply if the cost of the construction, reconstruction, alteration or use specified in subsection 1 is $500 or less.
Sec. 74. NRS 280.020 is hereby amended to read as follows:
280.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 280.030 to [280.090,] 280.080, inclusive, have the meanings ascribed to them in [such] those sections.
Sec. 75. NRS 280.100 is hereby amended to read as follows:
280.100 1. Each county which has a population of [200,000] 250,000 or more and the city which is the county seat of each such county shall comply with the provisions of this chapter. [on July 1, 1973.] Any other city in any such county may comply with provisions of this chapter. [on or after July 1, 1973.]
2. Each county which has a population of less than [200,000,] 250,000, and any city or cities located in the county may comply with the provisions of this chapter. [on or after July 1, 1973.]
Sec. 76. NRS 280.190 is hereby amended to read as follows:
280.190 The police commission shall:
1. Cause to be prepared and approve an annual operating budget for the department.
2. Submit [such] the budget to the governing bodies of the participating political subdivisions prior to February 1 for funding for the following fiscal year.
3. If there is more than one participating city, cause to be prepared the funding apportionment plan provided for in NRS 280.201 and submit [such] the plan to the governing bodies of the participating political subdivisions and the department of taxation for approval. The Nevada tax commission has the final right of approval for [such] the plan and shall act as an arbitrator if the local governing bodies cannot agree on the funding apportionment.
4. If there is more than one participating city, cause a new funding apportionment plan to be prepared:
(a) [Every 10 years] In 1980 and every 10 years thereafter upon ascertaining the results of the national decennial census taken by the Bureau of the Census of the United States Department of Commerce;
(b) If the law enforcement agencies of additional cities are merged into an existing department; and
(c) At intervals of not less than 4 years upon request by a majority vote of each of a majority of the governing bodies of the participating political subdivisions. If only one city is participating in a department, the police commission shall prepare a new plan under the provisions of this paragraph only upon request by a majority vote of each of the governing bodies of the participating political subdivisions.
Sec. 77. NRS 280.310 is hereby amended to read as follows:
280.310 1. Each department shall have a system of civil service, applicable to and governing all employees of the department except elected officers and such other positions as designated by the police commission.
κ1979 Statutes of Nevada, Page 533 (CHAPTER 338, SB 72)κ
elected officers and such other positions as designated by the police commission.
2. The system of civil service shall be governed by a board composed of five civil service trustees appointed by the police commission. Upon creation of [such] the board, the police commission shall appoint one trustee for a term of 2 years, two trustees for terms of 3 years and two trustees for [a term] terms of 4 years. Thereafter all trustees [shall] serve for terms of 4 years.
3. The board shall prepare rules or regulations governing the system of civil service to be adopted by the police commission, but in the case of a county having a population of [200,000] 250,000 or more which is required to comply with the provisions of this chapter, [by July 1, 1973,] the initial civil service rules [shall] must be those governing the police department of the largest city in the county, as [such] these rules are modified and approved for [such] that purpose by the law enforcement consolidation committee organized and operating pursuant to resolution of the special committee created by chapter 613, Statutes of Nevada 1971, to study the problems of local government in Clark County. [Such] The rules or regulations [shall] must provide for:
(a) Examination of potential employees;
(b) Recruitment and placement procedures;
(c) Classification of positions;
(d) Procedures for promotion, disciplinary actions and removal of employees; and
(e) Such other matters as the board may consider necessary.
4. Copies of the rules or regulations of the system of civil service [shall] must be distributed to all employees of the department.
5. The sheriff shall designate a personnel officer to administer the personnel functions of the department according to the policies, rules or regulations of the board, including but not limited to the items enumerated in subsection 3.
Sec. 78. (Deleted by amendment.)
Sec. 79. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers shall be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Five justices of the supreme court.
(g) District judges, as provided in NRS 3.010.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) Other officers whose elections are provided for by law.
κ1979 Statutes of Nevada, Page 534 (CHAPTER 338, SB 72)κ
(n) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who shall be ex officio county auditor in counties having a population of 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.]
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. The following officers shall be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(c) All officers who are not elected.
Sec. 80. NRS 293.557 is hereby amended to read as follows:
293.557 1. The county clerk shall cause to be published in counties having a population under 100,000 and may cause to be published in counties having a population of 100,000 or more, [as such population is determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] once in each of the newspapers circulated in different parts of the county a list of all registered voters, segregated by precincts or districts, within the circulation area of each newspaper, or cause to be published once in a newspaper circulated in the county a segregated listing for the entire county:
(a) At least 75 days before any primary election.
(b) After each primary election and not less than 2 weeks before the close of registration for the ensuing general election.
2. The county may not pay more than 10 cents per name for six-point or seven-point type or 15 cents per name for eight-point type or larger to each newspaper publishing the list.
3. The list of registered voters [shall] must not be printed in type smaller than six-point.
Sec. 81. NRS 293.560 is hereby amended to read as follows:
293.560 1. Registration 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 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:
κ1979 Statutes of Nevada, Page 535 (CHAPTER 338, SB 72)κ
(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 must be open during the last 3 days before registration closes;
(b) In all other counties, registration offices 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 the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
Sec. 82. NRS 318.0953 is hereby amended to read as follows:
318.0953 1. In every county having a population of [200,000] 250,000 or more, [as shown by the most recent decennial census of the Bureau of the Census of the United States Department of Commerce,] notwithstanding the provisions of NRS 318.080 to 318.0952, inclusive, the board of county commissioners shall be, and in counties with a population of less than [200,000] 250,000 the board of county commissioners may be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized, in addition to [such] those basic powers, to exercise any one or more other basic powers designated in this chapter, except as provided in subsections 2 and 3.
2. The board of county commissioners of any county may be, at its option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing water facilities as provided in NRS 318.144, or, furnishing both water facilities and sanitary sewer facilities as provided in NRS 318.144 and 318.140, respectively, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which:
(a) Is authorized, in addition to its basic powers, to exercise any one or more other basic powers designated in this chapter.
(b) Is organized or reorganized pursuant to this chapter the boundaries of which include all or a portion of any incorporated city or all or a portion of a water district created by special law.
3. A board of county commissioners may exercise the options provided in subsections 1 and 2 by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is, ex officio, the board of trustees of the district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case promptly within the 30-day period the county clerk shall cause a copy of the ordinance to be:
κ1979 Statutes of Nevada, Page 536 (CHAPTER 338, SB 72)κ
the latter case promptly within the 30-day period the county clerk shall cause a copy of the ordinance to be:
(a) Filed in his office;
(b) Transmitted to the secretary of the district; and
(c) Filed in the office of the secretary of state without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
4. When the board of trustees of any district is so constituted, the following special provisions [shall] apply and supersede the corresponding provisions of NRS 318.080 to 318.0952, inclusive:
(a) The members need not file the oath of office or bond required by NRS 318.080.
(b) The members of the board of county commissioners [shall] may receive no additional compensation as trustees of the district.
(c) The chairman of the board of county commissioners may be chairman of the board of trustees and president of the district, or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as chairman of the board of trustees and president of the district for a term of 1 year.
(d) The vice chairman of the board of county commissioners may be vice chairman of the board of trustees and vice president of the district, or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as vice chairman of the board of trustees and vice president of the district for a term of 1 year.
(e) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of [such] those offices. No additional bond may be required of the county treasurer as ex officio district treasurer nor of any other county officer appropriately bonded as ex officio a district officer.
(f) No member of the board of county commissioners may be removed from the office of trustee under NRS 318.080, but any member is automatically removed from that office upon his removal from the office of county commissioner in the manner provided by law.
(g) The regular place of meeting of the board need not be within the corporate limits of the district but [shall] must be within the corporate limits of the county and [shall] be the regular meeting place of the board of county commissioners unless the board otherwise provides by resolution.
(h) The times of regular meetings of the board [shall] must be the same as the times of the regular meetings of the board of county commissioners unless the board otherwise provides by resolution.
(i) Special meetings may be held on notice to each member of the board as often as, and at such place or places within the county as, the board may determine, unless it otherwise provides by resolution.
(j) The office or principal place of the district need not be located within the corporate limits of the district and [shall] must be the office of the county clerk unless the board otherwise provides by resolution.
κ1979 Statutes of Nevada, Page 537 (CHAPTER 338, SB 72)κ
Sec. 83. NRS 318.1194 is hereby amended to read as follows:
318.1194 1. In any area where a general improvement district has been formed which exercises the powers conferred by NRS 318.1192, in a county having a population of 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,] no franchise may be granted under NRS 244.185, 266.305, 268.085 and 269.125 and no certificate of public convenience and necessity may be issued under chapter 711 of NRS, unless approved by the qualified electors of such district.
2. The board of county commissioners of the county where such a district is located shall order that the question of approval of [such] the franchise or certificate be voted upon by the qualified electors of such district not less than 30 days nor more than 90 days after [such] the franchise is approved by the county commissioners or notice is received of approval by the city council or of readiness to issue [such] the certificate by the public service commission of Nevada. If no regular election is to be held within the period prescribed in this subsection, the board of county commissioners shall provide for a special election; otherwise, the vote shall be held at the same time as [such] the primary or general election. The general election laws of the state [shall] apply to any special election held under the provisions of this section.
Sec. 84. NRS 332.215 is hereby amended to read as follows:
332.215 1. In each county of this state having a population of 100,000 or more, [as determined by the last preceding national census by the Bureau of the Census of the United States Department of Commerce,] there is hereby created a government purchasing study commission composed of all purchasing agents of the local governments within [such] those counties. The members shall select a chairman from among their number.
2. The government purchasing study commission shall meet no less than quarterly or at the call of the chairman to study government purchasing practices and laws relating thereto and shall make recommendations with respect to [such] those laws to the next regular session of the legislature.
Sec. 85. NRS 354.603 is hereby amended to read as follows:
354.603 Notwithstanding any other provisions of law, in counties with a population of less than 20,000: [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:]
1. The board of trustees of any county school district or the board of hospital trustees of any county hospital may establish and administer separate accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation or in any savings and loan association which is a stock company and not a mutual association and whose deposits if made by the state, a local government or an agency of either are insured by the Federal Savings and Loan Insurance Corporation for [moneys] money deposited by the county treasurer which are by law to be administered and expended by [such] those boards. The county treasurer shall transfer [such moneys to such] that money to a separate account when the following conditions are met:
κ1979 Statutes of Nevada, Page 538 (CHAPTER 338, SB 72)κ
county treasurer shall transfer [such moneys to such] that money to a separate account when the following conditions are met:
(a) The board of trustees of the county school district or the board of hospital trustees of the county hospital shall adopt a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.
(b) The board of trustees of the county school district or the board of hospital trustees of the county hospital shall send a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the state department of education, attested by the secretary of [such] the board, declaring the intention of [such] the board to establish and administer a separate account in accordance with the provisions of this section.
(c) The board of trustees of the county school district or the board of hospital trustees of the county hospital shall submit monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor, the board of county commissioners, and, in the case of the board of trustees of the county school district, to the state department of education. [Such reports shall] The reports must be certified by the secretary of [such] the board. In addition, [such] the boards shall give a full account and record of all [moneys in such] money in those accounts upon request of the board of county commissioners.
2. The separate account of the board of trustees of the county school district established under the provisions of this section [shall] must be composed of two funds:
(a) The county school district fund; and
(b) The county school district building and sites fund.
3. The separate account established by the board of county hospital trustees shall be known as the county hospital fund.
4. No expenditures from either account shall be made in excess of the balance of [such] that account.
5. [Such account shall] The account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to debt service, capital projects, capital outlay and operating expenses.
6. The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of funds in any [such] separate account, may order the closing of [such] the account and the return of [such funds] the money to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district or the board of hospital trustees of the county hospital [shall be] are entitled to a hearing before the board of county commissioners.
Sec. 86. NRS 361.340 is hereby amended to read as follows:
361.340 1. Except as provided in subsection 2, the board of equalization of each county shall consist of:
κ1979 Statutes of Nevada, Page 539 (CHAPTER 338, SB 72)κ
(a) Five members, only two of whom may be elected public officers in counties having a population of 10,000 or more; and
(b) Three members, only one of whom may be an elected public officer, in counties having a population of less than 10,000. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
2. A district attorney, county treasurer or county assessor or any of their deputies or employees shall not be appointed to the county board of equalization.
3. The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees shall be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.
4. Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.
5. The county clerk shall be the clerk of the county board of equalization.
6. Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.
7. The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided by law.
8. A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.
9. The county board of equalization of each county shall meet during January of each year, and shall hold such number of meetings during that month as may be necessary to care for the business of equalization presented to it, and in any event shall meet at least once each week during the time provided by this section. The county board of equalization shall conclude the business of equalization on or before the 31st day of January of each year. The state board of equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the boards authority.
10. The county assessor or his deputy shall attend all meetings of the county board of equalization.
Sec. 87. NRS 361.483 is hereby amended to read as follows:
361.483 1. Taxes assessed upon the real property tax roll and upon mobile homes as defined in NRS 361.561 are due and payable on the 1st Monday of July.
κ1979 Statutes of Nevada, Page 540 (CHAPTER 338, SB 72)κ
2. Taxes assessed upon the real property tax roll may be paid in four equal installments.
3. In any county having a population of 100,000 or more, taxes assessed upon a mobile home may be paid in four equal installments if the taxes assessed exceed $100.
4. If a person elects to pay in quarterly installments, the first installment is due and payable on the 1st Monday of July, the second installment on the 1st Monday of October, the third installment on the 1st Monday of January, and the fourth installment on the 1st Monday of March.
5. If any person charged with taxes which are a lien on real property fails to pay:
(a) Any one quarter of such taxes on or within 10 days following the day such taxes become due and payable, there shall be added thereto a penalty of 4 percent.
(b) Any two quarters of such taxes, together with accumulated penalties, on or within 10 days following the day the later of such quarters of taxes becomes due, there shall be added thereto a penalty of 5 percent of the two quarters due.
(c) Any three quarters of such taxes, together with accumulated penalties, on or within 10 days following the day the latest of such quarters of taxes becomes due, there shall be added thereto a penalty of 6 percent of the three quarters due.
(d) The full amount of such taxes, together with accumulated penalties, on or within 10 days following the 1st Monday of March, there shall be added thereto a penalty of 7 percent of the full amount of such taxes.
6. Any person charged with taxes which are a lien on a mobile home as defined in NRS 361.561, who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:
(a) The entire amount of the taxes are due and payable;
(b) A penalty of 10 percent of the taxes due and payable;
(c) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and
(d) The county assessor may proceed under NRS 361.535.
[7. Population is determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 88. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax as levied in NRS 365.180 shall be allocated monthly by the department to the counties upon the following formula:
(a) One-fourth in proportion to total area.
(b) One-fourth in proportion to population. [, according to the latest available federal census.]
(c) One-fourth in proportion to road mileage and street mileage (non-federal aid primary roads).
(d) One-fourth in proportion to vehicle miles of travel on roads (non-federal aid primary roads).
κ1979 Statutes of Nevada, Page 541 (CHAPTER 338, SB 72)κ
2. The amount due the counties under the formula [shall] must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties, and the state treasurer shall pay the same out of the proceeds of the tax levied in NRS 365.180.
3. [Moneys] Money received by the counties by reason of the provisions of this section [shall] must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for [such] that work, under the direction of the boards of county commissioners of the several counties, and [shall] must not be used to defray expenses of administration.
4. The formula computations shall be made as of July 1 of each year by the department, based on estimates which shall be furnished by the department of highways. The determination so made by the department shall be conclusive.
Sec. 89. NRS 371.107 is hereby amended to read as follows:
371.107 The county assessor of each county with a population of 100,000 or more [, as determined by the last preceding national census compiled by the Bureau of the Census of the Department of Commerce of the United States,] is designated as an agent to assist the department in administering the exemptions provided in this chapter, and shall, after establishing the validity of an application for an exemption, issue a certificate for use by the department to allow a claimant the appropriate exemption on his vehicle.
Sec. 90. NRS 371.125 is hereby amended to read as follows:
371.125 The county assessor of each county with a population of less than 100,000 [, as determined by the last preceding national census compiled by the Bureau of the Census of the Department of Commerce of the United States,] is designated as agent to assist in the collection of the tax required to be levied under this chapter. The county assessor of each county is designated as agent to assist the department in administering the exemptions provided in this chapter.
Sec. 91. NRS 373.040 is hereby amended to read as follows:
373.040 1. In counties having a population of 100,000 or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] the commission shall be composed of representatives selected as follows:
(a) Two by the board.
(b) Two by the governing body of the largest city.
(c) One by the governing body of each additional city in the county.
2. In counties having a population of less than 100,000, [as so determined,] the commission shall be composed of representatives selected as follows:
(a) If the county contains a city:
(1) Two by the board.
(2) One by the governing body of the largest city.
(b) If the county contains no city, the board shall select:
(1) Two members of the board; and
κ1979 Statutes of Nevada, Page 542 (CHAPTER 338, SB 72)κ
(2) One representative of the public, who [shall be] is a resident of the largest town, if any, in the county.
3. In Carson City, the commission shall be composed of representatives selected by the board of supervisors as follows:
(a) Two members of the board of supervisors.
(b) One representative of the city at large.
4. The first representatives shall be selected within 30 days after passage of the ordinance creating the commission, and shall serve until the next-ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance shall be selected within 30 days after the first meeting of the governing body, and shall serve until the next-ensuing December 31 of an even-numbered year. Their successors shall serve for terms of 2 years, and vacancies [shall] must be filled for the unexpired term.
Sec. 92. NRS 373.140 is hereby amended to read as follows:
373.140 1. After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction projects in the county which are proposed to be financed from the county motor vehicle fuel tax shall be first submitted to the regional street and highway commission.
2. Where the project is within the area covered by the streets and highways plan described in NRS 373.030, the commission shall evaluate it in terms of:
(a) The priorities established by the plan;
(b) The relation of the proposed construction to other projects already constructed or authorized;
(c) The relative need for the project in comparison with others proposed; and
(d) The funds available.
If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter (except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities, or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160) and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. If the board authorizes the project the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project shall be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by the streets and highways plan described in NRS 373.030.
3. Where the project is outside the area covered by the plan, the commission shall evaluate it in terms of:
(a) Its relation to the streets and highways plan;
(b) The relation of the proposed construction to other projects constructed or authorized;
κ1979 Statutes of Nevada, Page 543 (CHAPTER 338, SB 72)κ
(c) The relative need for the proposed construction in relation to others proposed by the same city or town; and
(d) The availability of funds.
If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
4. In counties having a population of 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,] the commission shall:
(a) Certify the adoption of the plan;
(b) Submit a copy of the plan to the department; and
(c) Certify its compliance with subsections 2 and 3 in the adoption of the plan.
Sec. 93. NRS 373.143 is hereby amended to read as follows:
373.143 In counties having a population of 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,] the commission shall submit an annual report to the department for the fiscal year showing the amount of receipts from the county motor vehicle fuel tax and the nature of the expenditures for each project.
Sec. 94. NRS 373.145 is hereby amended to read as follows:
373.145 In counties having a population of 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,] the commission shall, before commencement of the work on any project, submit specifications and plans of [such] the project to the state highway engineer for review. The commission is not required to follow any suggestion made by the state highway engineer.
Sec. 95. NRS 386.120 is hereby amended to read as follows:
386.120 1. The board of trustees of a county school district in counties having a population of 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] shall consist of five or seven members as may be determined by the appropriate board of county commissioners.
2. Unless otherwise provided by law, in any county school district where 1,000 or more pupils were enrolled during the school year next preceding any general election, the board of trustees shall consist of seven members.
3. Unless otherwise provided by law, in any county school district where less than 1,000 pupils were enrolled during the school year next preceding any general election, the board of trustees shall consist of five members.
Sec. 96. NRS 386.170 is hereby amended to read as follows:
386.170 1. At the general election in 1972, and every 4 years thereafter, in a county school district in any county having a population of [200,000] 250,000 or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] four trustees shall be elected, one from each of the school trustee districts, designated districts A, B, C and E, herein created.
κ1979 Statutes of Nevada, Page 544 (CHAPTER 338, SB 72)κ
each of the school trustee districts, designated districts A, B, C and E, herein created.
2. At the general election in 1974 and every 4 years thereafter, in [such] those school districts, three trustees shall be elected, one from each of the school trustee districts designated districts D, F and G, herein created.
3. Seven school trustee districts are hereby created within [such] those county school districts as follows:
(a) District A shall be composed of assembly districts Nos. 16, 21 and 22 and enumeration districts Nos. 228A, 228B and 236 in assembly district No. 13.
(b) District B shall be composed of assembly districts Nos. 17 and 20; enumeration districts Nos. 45, 46B and 48 in assembly district No. 11 and enumeration districts Nos. 250, 253, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275 and 276 in assembly district No. 19.
(c) District C shall be composed of assembly districts Nos. 6, 7 and 18.
(d) District D shall be composed of assembly district No. 9; enumeration districts Nos. 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 126, 127, 128, 129, 165A and 166 in assembly district No. 8; enumeration districts Nos. 35, 41, 42, 46A, 47, 52, 53 and 55 in assembly district No. 11; enumeration districts Nos. 57, 58, 130, 131, 132, 135, 137, 138, 139, 140, 141, 142, 143, 145 and 159 in assembly district No. 12.
(e) District E shall be composed of assembly districts Nos. 2, 3 and 4 and enumeration districts Nos. 85, 87, 108 and 147 in assembly district No. 8.
(f) District F shall be composed of assembly districts Nos. 1 and 5; enumeration districts Nos. 176A, 176B, 176C, 176D, 177, 178A, 178D and 235 in assembly district No. 10 and enumeration districts Nos. 99B, 178B, 178C, 180, 181, 182, 195, 201, 227, 229, 230, 231, 232, 237B and 238A in assembly district No. 13.
(g) District G shall be composed of assembly districts Nos. 14 and 15; enumeration districts Nos. 165B, 173A, 175A, 175B, 175C, 175D and 175E in assembly district No. 10; enumeration districts Nos. 51B, 54 and 56 in assembly district No. 11; enumeration district No. 164A in assembly district No. 12; enumeration districts Nos. 167, 168, 169, 172, 179, 184, and 185 in assembly district No. 13 and enumeration district No. 287 in assembly district No. 19.
4. Assembly districts and enumeration districts, as used in subsection 3, refer to and have the meaning conferred by the appropriate provisions of chapter 218 of NRS.
[5. The members of the board of trustees of such school district as such board is constituted on June 1, 1972, shall continue to hold office for the terms for which they were elected.]
Sec. 97. NRS 386.365 is hereby amended to read as follows:
386.365 1. Except as provided in subsection 3, each board of trustees in any 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] shall give 30 days notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4.
κ1979 Statutes of Nevada, Page 545 (CHAPTER 338, SB 72)κ
days notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4. The notice [shall:] must:
(a) Include a description of the subject or subjects involved and [shall] state the time and place of the meeting at which the matter will be considered by the board; and
(b) Be mailed to the following persons from each of the schools affected:
(1) The principal;
(2) The president of the parent-teacher association or similar body; and
(3) The president of the classroom teachers organization or other collective bargaining agent.
A copy of the notice and of the terms of each proposed policy or regulation, or change in a policy or regulation, [shall] must be made available for inspection by the public in the office of the superintendent of schools of the school district at least 30 days before its adoption.
2. All persons interested in a proposed policy or regulation or change in a policy or regulation shall be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.
3. Emergency policies may be adopted by the board upon its own finding that an emergency exists.
4. This section applies to policies and regulations concerning:
(a) Attendance rules;
(b) Zoning;
(c) Grading;
(d) District staffing patterns;
(e) Curriculum and program;
(f) Pupil discipline; and
(g) Personnel, except as provided in chapter 391 of NRS.
Sec. 98. NRS 387.170 is hereby amended to read as follows:
387.170 1. There is hereby created in each county treasury a fund to be designated as the county school district fund, except as otherwise provided in subsection 3.
2. Immediately after March 2, 1956, each county treasurer shall transfer to the county school district fund all public school [moneys] money held by him and remaining to the credit of the several school districts and educational districts abolished by NRS 386.020, the areas of which are included within the county school district, and all public school [moneys] money held by him and remaining to the credit of the county school fund, the county aid to district high school fund, and any other unapportioned county fund established for the support of the public schools. Any [moneys] money so transferred from an existing school district building reserve fund [shall] may be expended only in the manner provided in NRS 387.290.
3. In counties with a population of less than 20,000, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, all moneys] all money received by the county treasurer under the provisions of NRS 387.175 may be transferred to a separate account established and administered by the board of trustees of the county school district under the provisions of NRS 354.603.
κ1979 Statutes of Nevada, Page 546 (CHAPTER 338, SB 72)κ
received by the county treasurer under the provisions of NRS 387.175 may be transferred to a separate account established and administered by the board of trustees of the county school district under the provisions of NRS 354.603.
Sec. 99. NRS 427A.130 is hereby amended to read as follows:
427A.130 1. The state advisory committee on older Americans, consisting of nine members appointed by the governor, is hereby created within the aging services division of the department of human resources.
2. The governor shall appoint members who have experience with or an interest in and knowledge of the problems of and services for the aging.
3. Committee members shall be selected on a geographic basis to give statewide representation in general proportion to the elderly population, except that:
(a) Not more than four members may represent counties having a population of [200,000] 250,000 or more;
(b) Not more than three members may represent counties having a population of 100,000 or more but less than [200,000,] 250,000.
[as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
4. The committee shall make recommendations to the division concerning policies for providing services to the elderly of the State of Nevada pursuant to the Older Americans Act of 1965 (42 U.S.C. § 3001 et seq.).
5. A member may be dismissed by the governor for cause or for failure to attend committee meetings.
Sec. 100. NRS 432.100 is hereby amended to read as follows:
432.100 1. There is hereby established a statewide central registry for child abuse and neglect.
2. The statewide central registry shall be maintained by and in the central office of the welfare division.
3. The welfare division may designate a county hospital 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,] as a regional registry for child abuse and neglect.
Sec. 101. NRS 445.546 is hereby amended to read as follows:
445.546 1. Except as provided in subsection 4 and in subsections 2 and 3 of NRS 445.493:
(a) The district board of health, county board of health or board of county commissioners in each county which has 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,] shall establish an air pollution control program [within 2 years after July 1, 1971,] and administer [such] the program within its jurisdiction unless superseded.
(b) The program shall:
(1) Establish by ordinance or local regulation standards of emission control, emergency procedures and variance procedures equivalent to or stricter than those established by statute or state regulation; and
κ1979 Statutes of Nevada, Page 547 (CHAPTER 338, SB 72)κ
(2) Provide for adequate administration, enforcement, financing and staff.
(c) The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of NRS 445.401 to 445.601, inclusive, and the federal act insofar as it pertains to local programs, and [such] that agency is authorized to take all action necessary to secure for the county the benefits of the federal act.
(d) Powers and responsibilities provided for in NRS 445.461, 445.476 to 445.526, inclusive, 445.571 to 445.581, inclusive, and 445.601 shall be binding upon and shall inure to the benefit of local air pollution control authorities within their jurisdiction.
2. The local air pollution control board shall carry out all provisions of NRS 445.466 with the exception that notices of public hearings shall be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, once a week for 3 weeks, which notice [shall] must specify with particularity the reasons for the proposed [rules or] regulations and provide other informative details. NRS 445.466 [shall] does not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445.598.
3. Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the state, or may establish its own air pollution control program. If [such] the county establishes such a program, it [shall be] is subject to the approval of the commission.
4. No district board of health, county board of health or board of county commissioners may adopt any regulation or establish a compliance schedule, variance order or other enforcement action relating to emission control of fossil fuel-fired electric steam generating facilities.
Sec. 102. NRS 445.630 is hereby amended to read as follows:
445.630 1. In any county having a population of 100,000 or more, the commission shall, in cooperation with the department of motor vehicles and any local air pollution control agency, adopt regulations for the control of motor vehicle emissions.
2. In counties having a population of less than 100,000, if the commission determines that it is feasible and practicable to [implement] carry out a program of inspecting and testing motor vehicles and motor vehicle emission control systems, and if [the implementation of such] carrying out the program is deemed necessary to achieve or maintain prescribed ambient air quality standards in areas of the state designated by the commission, the commission shall, in cooperation with the department of motor vehicles and any local air pollution control agency established under NRS 445.546 which has jurisdiction in a designated area, adopt regulations and transportation controls as may be necessary to [implement such a] carry out the program.
3. The regulations shall distinguish between light-duty and heavy-duty motor vehicles and may prescribe:
(a) Appropriate criteria and procedures for the approval, installation and use of motor vehicle pollution control devices; and
κ1979 Statutes of Nevada, Page 548 (CHAPTER 338, SB 72)κ
(b) Requirements for the proper maintenance of motor vehicle pollution control devices and motor vehicles.
4. The regulations shall establish:
(a) Requirements by which the department of motor vehicles shall license authorized stations to inspect, repair, adjust and install motor vehicle pollution control devices, including criteria by which any person may become qualified to inspect, repair, adjust and install [such] those devices.
(b) Requirements by which the department of motor vehicles may license an owner or lessee of a fleet of three or more vehicles as a fleet station [provided that such] if the owner or lessee complies with the regulations of the commission. The fleet station shall only certify vehicles which constitute that fleet.
(c) Requirements by which the department provides for inspections of motor vehicles owned by this state and any of its political subdivisions.
5. The commission shall consider, before adopting any regulation or establishing any criteria pursuant to paragraph (a) of subsection 3:
(a) The availability of devices adaptable to specific makes, models and years of motor vehicles.
(b) The effectiveness of [such] those devices for reducing the emission of each type of air pollutant under conditions in this state.
(c) The capability of [such] those devices for reducing any particular type or types of pollutants without significantly increasing the emission of any other type or types of pollutant.
(d) The capacity of any manufacturer to produce and distribute the particular device in such quantities and at such times as will meet the estimated needs in Nevada.
(e) The reasonableness of the retail cost of the device and the cost of its installation and maintenance over the life of the device and the motor vehicle.
(f) The ease of determining whether any such installed device is functioning properly.
[6. Population is determined by using the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 103. NRS 450.060 is hereby amended to read as follows:
450.060 In all counties where existing hospitals are taken over by a board of hospital trustees, as provided in NRS 450.010 to 450.510, inclusive, additional necessary buildings and sites may be acquired only by holding an election and voting a bond issue according to the terms of NRS 450.010 to 450.510, inclusive, [the same] as if no hospital then existed; but in counties having a population of 100,000 persons or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] in cases where buildings or parts thereof have been constructed but remain unfinished and unequipped, the board of hospital trustees may complete the building or buildings or part or parts thereof and furnish and equip [the same] them from the boards current receipts, without a bond issue.
Sec. 104. NRS 450.070 is hereby amended to read as follows:
κ1979 Statutes of Nevada, Page 549 (CHAPTER 338, SB 72)κ
450.070 1. Except in counties where the board of county commissioners is the board of hospital trustees, the board of hospital trustees for the public hospital [shall consist] consists of five trustees, who shall:
(a) Be residents of the county or counties concerned.
(b) Be elected as provided in subsection 2.
2. In any county:
(a) Whose population is 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,] hospital trustees shall be elected for terms of 4 years in the same manner as other county officers are elected.
(b) Whose population is 100,000 or more but less than [200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 250,000, hospital trustees shall be elected from the county at large for terms of 4 years.
Sec. 105. NRS 450.090 is hereby amended to read as follows:
450.090 1. In any county having a population of [200,000] 250,000 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 be,] is, ex officio, the board of hospital trustees and shall serve during their terms of office as county commissioners.
2. In any county having a population of 100,000 or more but less than [200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 250,000, the board of hospital trustees for the public hospital shall be composed of the five regularly elected or appointed members, and, in addition, three county commissioners selected by the chairman of the board of county commissioners shall be voting members thereof, and shall serve during their terms of office as county commissioners.
3. In any county having less than 100,000 population, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] the board of hospital trustees for the public hospital shall be composed of the five regularly elected or appointed members, and, in addition, the board of county commissioners may, by resolution, provide that one county commissioner selected by the chairman of the board of county commissioners shall be a voting member of the board of hospital trustees during his term of office as county commissioner.
Sec. 106. NRS 450.130 is hereby amended to read as follows:
450.130 1. In counties having [less than 30,000 registered voters in the 1954 general election, or any subsequent general election,] a population of less than 100,000, a hospital trustee [may] is entitled to receive a salary as follows:
(a) The chairman and secretary of the board of hospital trustees [may] are entitled to receive $20 for each board meeting which they attend, which sum is not to exceed $40 per month.
(b) The other trustees [may] are entitled to receive $15 for each board meeting they attend, which sum is not to exceed $30 per month.
2. In any county [or counties having 30,000 or more registered voters in the 1954 general election, or any subsequent general election,] having a population of 100,000 or more, a hospital trustee, [may,] subject to the provisions of subsection 3, is entitled to receive a salary of $50 per month and the chairman of the board of hospital trustees [may] is entitled to receive a salary of $100 per month.
κ1979 Statutes of Nevada, Page 550 (CHAPTER 338, SB 72)κ
voters in the 1954 general election, or any subsequent general election,] having a population of 100,000 or more, a hospital trustee, [may,] subject to the provisions of subsection 3, is entitled to receive a salary of $50 per month and the chairman of the board of hospital trustees [may] is entitled to receive a salary of $100 per month.
3. Before any hospital trustee is entitled to any compensation as provided in subsection 2, he shall first have devoted a minimum of 1 day during the month exclusively to the business and affairs of the hospital, exclusive of regular meetings of the board of hospital trustees.
4. Any trustee of any county hospital [may] is entitled to receive reimbursement for any cash expenditures actually made for personal expenses incurred as [such] a trustee. An itemized statement of all [such] those expenses and money paid out [shall] must be made under oath by each of [such] the trustees and filed with the secretary. An itemized statement [shall] may be allowed only by an affirmative vote of all trustees present at a meeting of the board.
5. In counties where the county commissioners are the board of hospital trustees, they shall serve without compensation, but are allowed the per diem allowance and traveling expenses fixed by law.
Sec. 107. NRS 450.250 is hereby amended to read as follows:
450.250 1. The board of hospital trustees shall have the exclusive control of:
(a) The expenditures of all [moneys] money collected to the credit of the hospital fund.
(b) The purchase of the site or sites.
(c) The purchase or construction of any hospital building or buildings.
(d) The supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased or set apart for that purpose.
2. All [moneys] money received for the hospital [shall] must be deposited in the county treasury of the county in which the hospital is situated to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of the county or counties upon properly authenticated vouchers of the board of hospital trustees, after their approval [of the same] by the county auditor, except as provided in subsection 3.
3. All [moneys] money received for a hospital which is located in a county having a population of less than 20,000 [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] may be deposited in a separate account established and administered by the board of hospital trustees under the provisions of NRS 354.603.
Sec. 108. NRS 450.290 is hereby amended to read as follows:
450.290 1. Subject to the provisions of NRS 450.010 to 450.510, inclusive, for any hospital project stated in a bond question approved as provided in NRS 350.070, the board of county commissioners, at any time, [or from time to time,] in the name and on the behalf of the county, may issue:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of the hospital facilities, and, if so determined by the board of county commissioners, further secured by a pledge of gross or net revenues derived from any other income-producing project of the county or from any license or other excise taxes levied by the county for revenue, as may be legally made available for their payment.
κ1979 Statutes of Nevada, Page 551 (CHAPTER 338, SB 72)κ
additionally secured by a pledge of gross or net revenues derived from the operation of the hospital facilities, and, if so determined by the board of county commissioners, further secured by a pledge of gross or net revenues derived from any other income-producing project of the county or from any license or other excise taxes levied by the county for revenue, as may be legally made available for their payment.
2. The board of county commissioners of any county having a population of [200,000] 250,000 or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] in the name and on behalf of the county, may issue, for any hospital project, without the securities being authorized at any election:
(a) Special obligation municipal securities payable solely from net revenues or gross revenues derived from the operation of hospital facilities.
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of hospital facilities. The board of county commissioners may use for the payment of principal or interest of [such] the bonds, or both, any other revenue available to the county. Bonds may be issued under the authority of this paragraph only if their principal amount, plus the principal amount of any previously so issued, does not exceed 1 percent of the assessed valuation of all taxable property in the county.
Sec. 109. NRS 450.510 is hereby amended to read as follows:
450.510 1. The board of county commissioners of any county whose population is 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,] may contract with any nonprofit corporation to which a public hospital has been conveyed or leased, for the care of indigent patients from the contracting county and the receiving of other persons falling sick or being maimed or injured within the contracting county.
2. The contracting county may participate, from its county hospital construction fund or otherwise, in the enlargement or alteration of [such] the hospital.
Sec. 110. NRS 451.070 is hereby amended to read as follows:
451.070 The governing body of any incorporated city, having a population of 50,000 or more [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] may order the disinterment and removal of all human remains interred in all or any part of any cemetery situated within its limits, where the right of interment in [such] that cemetery has been limited by a city ordinance for a period of 35 years or more to the filling of plots and lots therein containing human remains with additional human remains until [such] those plots and lots are filled and all spaces occupied, whenever the governing body, by ordinance, declares that the further maintenance of all or any part of the cemetery as a burial place for the human dead threatens or endangers the health, safety, comfort or welfare of the public and demands the disinterment and removal beyond the limits of the city of the human remains interred therein.
κ1979 Statutes of Nevada, Page 552 (CHAPTER 338, SB 72)κ
welfare of the public and demands the disinterment and removal beyond the limits of the city of the human remains interred therein.
Sec. 111. NRS 466.095 is hereby amended to read as follows:
466.095 The commission shall not issue any license to conduct parimutuel wagering in connection with any greyhound race unless:
1. Greyhound racing is permitted by a special charter of a city to be conducted in [such] that city and a license to conduct [such] the race has been issued by the city council or other governing body of [such] the city; or
2. The county license board of a county having a population of 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,] has issued a license to conduct [such] the race in the county outside of an incorporated city or incorporated town.
Sec. 112. NRS 474.200 is hereby amended to read as follows:
474.200 1. At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy the tax certified upon all property, both real and personal, except as provided in subsection 2, subject to taxation within the boundaries of the district, including the net proceeds of mines. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized herein shall be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
2. Except in counties having more than 8,000 but less than 8,500 population, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] cattle and other livestock which are defined as personal property in NRS 361.030 are not property subject to taxation under the provisions of subsection 1.
3. When levied, the tax [shall] must be entered upon the assessment rolls and collected in the same manner as state and county taxes.
4. When the tax is collected it [shall] must be placed in the treasury of the county in which the greater portion of the district is located, to the credit of the current expense fund of the district, and [shall] may be used only for the purpose for which it was raised.
Sec. 113. NRS 481.057 is hereby amended to read as follows:
481.057 In counties with a population in excess of 100,000, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] the director may arrange for the office of the drivers license division to remain open on Saturdays and Sundays and at hours other than 8 a.m. to 5 p.m.
Sec. 114. NRS 482.160 is hereby amended to read as follows:
482.160 1. The director may adopt and enforce such administrative [rules and] regulations as may be necessary to carry out the provisions of this chapter.
2. The director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department under this chapter.
κ1979 Statutes of Nevada, Page 553 (CHAPTER 338, SB 72)κ
an agent to assist in carrying out the duties of the department under this chapter. The director shall designate the county assessor of each county with a population of less than 100,000 [, as determined by the last preceding national census compiled by the Bureau of the Census of the Department of Commerce of the United States,] as agent to assist in carrying out the duties of the department in [such] that county.
3. The contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates shall provide for compensation based upon the reasonable value of the services of [such] the agent but shall not exceed $1 for each registration.
Sec. 115. NRS 482.180 is hereby amended to read as follows:
482.180 1. The motor vehicle fund is hereby created as an agency fund. Money received by the department shall be deposited with the state treasurer for credit to the motor vehicle fund. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter shall, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.
2. Money for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.
3. The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and that money shall be distributed monthly as provided in subsection 4.
4. The distribution of the privilege tax within a county shall be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution. The amount attributable to the debt service of each school district shall be included in the allocation made to each county government. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455. Local governments, other than incorporated cities, shall receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located. The department shall make distributions directly to counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county shall be paid to the counties for distribution to the other local governments.
5. Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation shall be distributed among the counties in the following percentages:
κ1979 Statutes of Nevada, Page 554 (CHAPTER 338, SB 72)κ
Carson City................. 1.07 percent Lincoln.................. 3.12 percent
Churchill...................... 5.21 percent Lyon...................... 2.90 percent
Clark............................. 22.54 percent Mineral................. 2.40 percent
Douglas....................... 2.52 percent Nye........................ 4.09 percent
Elko............................... 13.31 percent Pershing............... 7.00 percent
Esmeralda.................... 2.52 percent Storey................... .19 percent
Eureka.......................... 3.10 percent Washoe................ 12.24 percent
Humboldt..................... 8.25 percent White Pine........... 5.66 percent
Lander.......................... 3.88 percent
The distributions shall be allocated among local governments within the respective counties pursuant to the provisions of subsection 4.
6. As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of this chapter and chapter 706 of NRS the department shall retain 6 percent from counties having a population of 100,000 or more [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] and 1 percent from counties having a population of less than 100,000. [as determined by the last preceding national census.]
7. When the foregoing requirements have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
Sec. 116. NRS 482.225 is hereby amended to read as follows:
482.225 1. Whenever application is made to the department for registration of a vehicle purchased outside the state and not previously registered within this state where the registrant or owner at the time of purchase was not a resident of or employed in this state, the department shall notify the representative of the department of taxation or its agent of the owners or registrants intent to register [such] that vehicle. The representative of the department of taxation or its agent shall determine and collect any use tax due, and shall remit the taxes he collects to the department of taxation.
2. If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of [such] that vehicle, it shall be presumed that [such] the vehicle was purchased for use within the state and the representative or agent of the department of taxation shall collect such tax and remit it to the department of taxation.
3. Until notified by the representative of the department of taxation or its agent of payment of or exemption from the tax, the department shall refuse to register the vehicle.
4. In counties with a population of 100,000 or more, where the department has established branch offices, space shall be provided by the department for a representative of the department of taxation, who shall determine and collect the use tax on vehicles as provided in subsections 1 and 2. In any county with a population of less than 100,000, [as determined by the last preceding national census compiled by the Bureau of the Census of the United States Department of Commerce,] the department of taxation may designate the county assessor, the department or the agent of the department as the agent of the department of taxation for the collection of use tax.
κ1979 Statutes of Nevada, Page 555 (CHAPTER 338, SB 72)κ
5. For purposes of collection of use tax under the provisions of chapter 372 of NRS, the department of taxation may designate the department as agent.
6. If the taxpayer can controvert the presumption stated in subsection 2 that he purchased the vehicle for use in this state, he must pay the tax to the representative of the department of taxation, and must substantiate his claim for exemption by a statement in writing, signed by the registrant or owner, or his authorized representative, and forward [such] the statement to the department of taxation together with his claim for refund of tax erroneously or illegally collected.
7. If the department of taxation finds that the tax has been erroneously or illegally collected, [such] the tax shall be refunded as provided in NRS 372.630 to 372.720, inclusive.
Sec. 117. NRS 484.2155 is hereby amended to read as follows:
484.2155 Urban area means the area encompassed within the city limits of a city which has a population of 5,000 or more. [as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 118. NRS 541.160 is hereby amended to read as follows:
541.160 In addition to the other means of providing revenue for such districts as herein provided, the board shall have power and authority to levy and collect taxes and special assessments for maintaining and operating [such] those works and paying the obligations and indebtedness of the district by any one or more of the methods or combinations thereof, classified as follows:
1. Class A. To levy and collect taxes upon all property within the district as hereinafter provided.
2. Class B. To levy and collect assessments for special benefits accruing to property within municipalities for which use of water is allotted as hereinafter provided.
3. Class C. To levy and collect assessments for special benefits accruing to lands within irrigation districts for which use of water is allotted as hereinafter provided.
4. Class D. To levy and collect assessments for special benefits accruing to lands for which use of water is allotted as hereinafter provided.
5. Class E. In the case of any subdistrict located in a county with a population of 75,000 or more and less than 120,000, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] to levy and collect assessments for special benefits accruing to lands from irrigation, flood control, drainage, safety and health resulting or to result from projects undertaken by the district.
Sec. 119. NRS 630.273 is hereby amended to read as follows:
630.273 1. The board may issue a certificate to properly qualified applicants to perform medical services under the supervision of a supervising physician. The application for a certificate as a physicians assistant [shall] must be cosigned by the supervising physician, and the certificate is valid only so long as that supervising physician employs and supervises the physicians assistant.
2. A supervising physician shall not cosign for, employ or supervise more than one physicians assistant at the same time, except that a supervising physician practicing in a township whose population is less than 16,000 [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] may supervise not more than two physicians assistants at the same time.
κ1979 Statutes of Nevada, Page 556 (CHAPTER 338, SB 72)κ
more than one physicians assistant at the same time, except that a supervising physician practicing in a township whose population is less than 16,000 [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] may supervise not more than two physicians assistants at the same time.
Sec. 120. NRS 662.015 is hereby amended to read as follows:
662.015 1. In addition to the powers conferred by law upon private corporations, a bank has the power to:
(a) Exercise by its board of directors or duly authorized officers and agents, subject to law, all powers necessary to carry on the business of banking, by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness, by receiving deposits, by buying and selling exchange, coin and bullion and by loaning money on personal security or real and personal property. Loans secured by real property [shall] must not exceed 80 percent of the appraised value of the real property, nor [shall such] may those loans have a maturity date in excess of 30 years. At the time of making loans, banks may take and receive interest or discounts in advance where the effective rates of interest or discounts collected do not exceed the maximum rates of interest as provided by law.
(b) Adopt regulations for their own government not inconsistent with the constitution and laws of this state.
(c) Issue, advise and confirm letters of credit authorizing the beneficiaries thereof to draw upon the bank or its correspondents.
(d) Receive money for transmission.
(e) Establish and become a member of a clearing house association and to pledge assets required for its qualification.
(f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the superintendent.
(g) Provide for the performance of bank service corporation services, such as data processing service and bookkeeping, subject to such rules and regulations as may be adopted by the superintendent.
2. A bank may purchase, hold and convey real property for the following purposes:
(a) Such as is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion, which investment shall not exceed 60 percent of its paid-in capital stock and permanent surplus; but the superintendent may, in his discretion, authorize any bank located in a city having a population of more than 5,000 [according to the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] to invest more than 60 percent of its capital and permanent surplus in its banking houses, furniture and fixtures.
(b) Such as is mortgaged to it in good faith by way of security for loans made or [moneys] money due to the bank.
3. Nothing in this section prohibits any bank from holding or disposing of any real property it may acquire through the collection of debts due it; but no such real property [shall] may be held for a longer time than 10 years.
κ1979 Statutes of Nevada, Page 557 (CHAPTER 338, SB 72)κ
time than 10 years. It must be sold at private or public sale within 30 days thereafter. During the time that the bank holds [such] that real property, the bank shall charge off [such] the real property on a schedule of not less than 10 percent per year, or at such greater percentage per year as the superintendent may require.
Sec. 121. NRS 677.330 is hereby amended to read as follows:
677.330 1. The director may authorize a licensee to operate mobile offices to serve areas other than cities whose population exceeds 25,000. [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
2. [Such areas shall] Those areas must be served by the licensees mobile unit at least once each 30 days. No area may be served by more than two licensees. Each mobile unit [shall] must be licensed as a branch office.
3. Each application for authority to operate a mobile office [shall] must specify the permanent office of the licensee, either its main office or one of its branches, at which the records of the mobile office will be kept.
Sec. 122. NRS 693A.350 is hereby amended to read as follows:
693A.350 1. A domestic mutual insurer shall not merge or consolidate with a stock insurer.
2. Except as provided in this section, a domestic mutual insurer may merge or consolidate with another mutual insurer under the applicable procedures prescribed by the laws of this state governing ordinary business corporations.
3. If the insurer is then unimpaired, the plan and agreement for merger or consolidation [shall] must be submitted to and approved by at least two-thirds of the members of each mutual insurer voting thereon at meetings called for the purpose pursuant to reasonable notice and procedure. The plan and agreement may provide for giving [such] that notice to members by publishing the [same] notice once a week for 2 successive weeks in any two of the four cities of greatest population [according to the last-preceding national census of the Bureau of the Census of the United States Department of Commerce] in each state in which the insurer is authorized, or by depositing the notice in the United States mail, postage prepaid, addressed to the member at his address last of record with the insurer, or by personal delivery. For a life insurer, the right to vote may be limited to members whose policies are other than term and group policies, and have been in effect for more than 1 year.
4. No such merger or consolidation [shall] may be effectuated unless in advance thereof the plan and agreement therefor have been filed with the commissioner and approved by him in writing. If the insurer is not then impaired the commissioner shall not act upon [such] the plan and agreement until after a hearing thereon. The commissioner shall give [such] his approval within a reasonable time after [such] the filing unless he finds [such] the plan or agreement:
(a) Inequitable to the policyholders of any domestic insurer involved; or
(b) Would substantially reduce the security of and service to be rendered to policyholders of the domestic insurer in this state and elsewhere; or
κ1979 Statutes of Nevada, Page 558 (CHAPTER 338, SB 72)κ
rendered to policyholders of the domestic insurer in this state and elsewhere; or
(c) Would materially tend to lessen competition in the insurance business in this state or elsewhere as to the kinds of insurance involved, or would materially tend to create any monopoly as to [such] that business; or
(d) Is subject to other material and reasonable objections.
5. If the commissioner does not approve [such] the plan or agreement he shall so notify the insurers in writing specifying his reasons therefor.
6. No director, officer, agent or employee of any insurer party to such merger or consolidation, or any other person, shall receive any fee, commission or other special valuable consideration whatsoever for in any manner aiding, promoting or assisting therein except as set forth in the plan and agreement approved by the commissioner.
Sec. 123. NRS 693A.370 is hereby amended to read as follows:
693A.370 1. A domestic insurer shall not reinsure with another insurer all or substantially all of its business in force, or of a major class thereof, or during a period of 6 consecutive months reinsure with another insurer over 20 percent of its insurance in force exclusive of individual risks currently reinsured in the ordinary course of business, except under an agreement of bulk reinsurance and in compliance with this section. No such agreement [shall] may become effective unless filed with the commissioner and approved by him in writing.
2. The commissioner shall approve [such] the agreement within a reasonable time after filing if he finds that:
(a) The plan and agreement are fair and equitable to each insurer and to the policyholders involved;
(b) The reinsurance, if effectuated, would not substantially reduce the protection or service to the policyholders of any domestic insurer involved;
(c) The agreement embodies adequate provisions by which the reinsuring insurer becomes liable to the original insureds for any loss or damage occurring under the policies reinsured in accordance with the original terms of [such] those policies;
(d) The assuming reinsurer is authorized to transact [such] that insurance in this state, or is qualified [as for such] for that authorization and will appoint the commissioner and his successors as its irrevocable attorney for service of process, so long as any policy so reinsured or claim thereunder remains in force or outstanding;
(e) [Such] The reinsurance would not materially tend to lessen competition in the insurance business in this state or elsewhere as to the kinds of insurance involved, and would not materially tend to create any monopoly as to [such] that business; and
(f) The proposed bulk reinsurance is free of other reasonable objections.
3. If the commissioner does not so approve he shall forthwith notify each insurer involved in writing, specifying his reasons therefor.
4. If for reinsurance of all or substantially all of the business in force of a mutual insurer at a time when the insurers surplus is not impaired, the plan and agreement for [such] reinsurance must be approved by a vote of not less than two-thirds of the mutual insurers members voting thereon at a meeting of members called for the purpose, pursuant to such reasonable notice and procedure as is provided for in the agreement.
κ1979 Statutes of Nevada, Page 559 (CHAPTER 338, SB 72)κ
impaired, the plan and agreement for [such] reinsurance must be approved by a vote of not less than two-thirds of the mutual insurers members voting thereon at a meeting of members called for the purpose, pursuant to such reasonable notice and procedure as is provided for in the agreement. The agreement may provide for giving notice to members of a mutual insurer by publishing the [same] notice once a week for [two] 2 successive weeks in any two of the four cities of greatest population [according to the last-preceding national census of the Bureau of the Census of the United States Department of Commerce] in each state in which the insurer is authorized, or by depositing the notice in the United States mail, postage prepaid, addressed to the member at his address last of record with the insurer, or by personal delivery. For a life insurer, the right to vote may be limited to members whose policies are other than term or group policies, and have been in effect for more than 1 year.
Sec. 124. NRS 704.230 is hereby amended to read as follows:
704.230 1. Except as otherwise provided in this section or in any special law for the incorporation of a city, it is unlawful for any public utility, for any purpose or object whatever, in any city or town containing more than 7,500 inhabitants, to install, operate or use, within such city or town, any mechanical watermeter, or similar mechanical device, to measure the quantity of water delivered to residential water users.
2. A public utility which furnishes water shall file with the commission a schedule establishing a separate individual and joint rate or charge for residential users who have installed watermeters or similar devices to measure the consumption of water.
3. A watermeter or similar device may be installed to measure the consumption of water by a residential customer only:
(a) With the consent of the customer; and
(b) To obtain information concerning a representative sample of residential customers in order to determine what benefits, if any, would be derived from the installation and use of watermeters for residential customers generally.
Unless the residential customer has agreed, in writing, to pay the separate rate, the public utility shall charge the residential customer for whom such a meter is installed the same amount for water used as if no meter had been installed.
4. This section does not apply to cities or towns owning and operating municipal waterworks, or to cities and towns located in counties having a population of [200,000] 250,000 or more. [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
Sec. 125. NRS 706.881 is hereby amended to read as follows:
706.881 1. NRS 706.8811 to 706.885, inclusive, apply to a county whose population is [200,000] 250,000 or more. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]
2. Within any such county, those provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the public service commission of Nevada do not apply.
κ1979 Statutes of Nevada, Page 560 (CHAPTER 338, SB 72)κ
Sec. 126. NRS 711.095 is hereby amended to read as follows:
711.095 Before the commission issues a certificate of public convenience and necessity to any CATV company in any county having a population of 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,] where a general improvement district has been organized which exercises the powers conferred by NRS 318.1192, it shall notify the board of county commissioners in [such] that county of its readiness to issue [such] the certificate. [Such] The certificate shall not be issued unless it is approved by the qualified electors of [such] the districts in the manner prescribed in NRS 318.1194.
Sec. 127. NRS 280.090 is hereby repealed.
Sec. 128. The legislature declares that in enacting this act it has reviewed each of the classifications by population amended by this act, has requested the suggestions of the several counties and of other interested persons in the state whether any should be retained unchanged or amended differently, and has found that each of the sections in which a criterion of population has been changed should not under present conditions apply to a county larger or smaller, as the case may be, than the new criterion established.
Sec. 129. Whenever there appears in any chapter of Statutes of Nevada 1979, or in any section of Nevada Revised Statutes not amended by this act, a county classification based upon a maximum population of 200,000 or less, such maximum population shall be deemed to read 250,000, and where the county classification is based upon a minimum population of 200,000 or more, such minimum population shall be deemed to read 250,000; and in preparing the 1979 supplement to Nevada Revised Statutes, the legislative counsel shall change such county population classifications to correspond therewith.
Sec. 130. 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).
________
Senate Bill No. 221Committee on Finance
CHAPTER 339
AN ACT making an appropriation from the state general fund to the central data processing division of the department of general services to develop a computerized licensing system for certain state agencies; and providing other matters properly relating thereto.
[Approved May 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 central data processing division of the department of general services the sum of $75,000 to develop a computerized licensing system for the insurance division and the real estate division of the department of commerce.
κ1979 Statutes of Nevada, Page 561 (CHAPTER 339, SB 221)κ
the insurance division and the real estate division of the department of commerce.
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.
________
Senate Bill No. 228Senator Kosinski
CHAPTER 340
AN ACT relating to crimes against property; establishing possession of items on which identification has been removed, altered or defaced as prima facie evidence of knowing possession of stolen property; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 205.275 is hereby amended to read as follows:
205.275 1. Every person who, for his own gain, or to prevent the owner from again possessing his property, [shall buy, receive, possess or withhold] buys, receives, possesses or withholds stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement:
(a) Knowing the [same so] goods or property to have been so obtained; or
(b) Under such circumstances as should have caused a reasonable man to know that such goods or property were so obtained,
shall [, upon conviction,] be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine or not more than $5,000, or by both fine and imprisonment. Every such person may be tried, convicted and punished as well before as after the trial of the principal.
2. Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturers serial number or manufacturers identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.
3. No person convicted of the offense specified in this section [shall] may be condemned to imprisonment in the state prison, unless the value of the thing bought, received, possessed or withheld [shall amount to] is $100, or more, but the [same] person shall be punished as provided in cases of petit larceny.
________
κ1979 Statutes of Nevada, Page 562κ
Senate Bill No. 335Senators Blakemore and Dodge
CHAPTER 341
AN ACT relating to railroads; authorizing the department of highways to develop and carry out a state plan for rail service; providing powers and duties of the department to preserve, rehabilitate and restore rail lines; providing allowances for taxes on operating property of lines of railroad whose owners and operators agree to suspend service for a specified time as an alternative to abandonment; permitting the state to contract for the acquisition of rail lines by lease or purchase and the operation of them; permitting the state to contract for the construction, improvement or rehabilitation of rail lines; providing certain restrictions; authorizing counties and cities to lease, purchase, construct and provide financial assistance to rail lines; providing penalties; and providing other matters properly relating thereto.
[Approved May 11, 1979]
Whereas, The legislature finds and declares that rail service is vital in many areas of this state and the continued availability of such service is a public purpose and a matter which is of concern to the state as a whole; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 705 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The department of highways:
1. Shall develop, in conjunction with the public service commission, a state plan for rail service; and
2. May carry out the plan, including projects to:
(a) Preserve rail lines;
(b) Rehabilitate rail lines in order to improve service; and
(c) Restore or improve freight service on rail lines which are potentially subject to abandonment.
Sec. 3. 1. The department of highways may:
(a) Apply for and accept federal, state, local and private money to develop the state plan for rail service and to carry it out; and
(b) Enter into compacts, contracts and agreements with other states or groups of states, the Federal Government, railroad corporations, users of railroads or other persons if the state highway engineer determines that the compacts, contracts and agreements are consistent with the state plan for rail service and are necessary for the preservation or restoration of rail fregiht service which is vital to the state,
but no state money may be expended to carry out the plan and no compact, contract or agreement may require the expenditure of state money unless previously authorized by the legislature.
2. The department of highways may serve as agent for any county or city upon the request of the governing body of the county or city in applying for and accepting money from public and private sources for railroad purposes and in carrying out any of the statutory powers of the county or city with respect to railroads.
Sec. 4. 1. A state program for the physical preservation, in place, of property of lines of railroad, while service on such lines is discontinued, is hereby established to provide an alternative to actual abandonment.
κ1979 Statutes of Nevada, Page 563 (CHAPTER 341, SB 335)κ
of property of lines of railroad, while service on such lines is discontinued, is hereby established to provide an alternative to actual abandonment.
2. The department of highways shall determine whether a line of railroad is eligible for admission to the program. A rail line may be admitted if:
(a) The Interstate Commerce Commission has approved the line for abandonment or discontinuance of service or the department of highways has determined that the line is potentially subject to abandonment;
(b) The owners, operators and users of the line, the department of highways and all counties and cities affected have agreed to the admission of the line to the program; and
(c) The owners and operators of the line agree to suspend service on the line for 5 years without removing or disposing of any of the trackage or other operating rail properties of the line, as an alternative to abandonment, to permit consideration by interested parties of means of preventing the ultimate abandonment of the line.
3. At the end of 5 years the department of highways may grant an extension, admitting the line of railroad to the program for not more than 5 additional years, if, in the judgment of the state highway engineer:
(a) The line is still potentially subject to abandonment; and
(b) The extension will facilitate the restoration of service on the line.
4. The owner of a line of railroad which has been admitted to the program is entitled to an allowance for taxes on the trackage and other operating rail properties of the line admitted. The department of highways shall provide to the department of taxation all information requested by the department of taxation to carry out the system of allowances for taxes on the operating property of lines admitted to the program.
Sec. 5. The department of highways may contract for the acquisition, by lease or purchase, and operation of trackage and other rail properties of lines of railroad which:
1. The Interstate Commerce Commission has approved for abandonment or discontinuance of service; or
2. The state highway engineer has determined to be potentially subject to abandonment,
for the purpose of maintaining existing freight service or providing for such service in the future, but no such contract may require the expenditure of state money unless previously authorized by the legislature.
Sec. 6. The department of highways may contract for the construction, improvement or rehabilitation of the trackage and other rail properties of any rail line, but no such contract may require the expenditure of state money unless previously authorized by the legislature.
Sec. 7. The department of highways shall adopt such regulations as are necessary to carry out the provisions of sections 2 to 7, inclusive, of this act.
Sec. 8. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section:
κ1979 Statutes of Nevada, Page 564 (CHAPTER 341, SB 335)κ
(a) Program means the state program established by section 4 of this act for the physical preservation, in place, of property of certain lines of railroad while service on such lines is discontinued.
(b) Property means the trackage and other operating rail properties of a line of railroad.
(c) Taxes accrued means the taxes (exclusive of special assessments, delinquent taxes and interest) levied on the property of a line of railroad which are due and payable during July, immediately succeeding the date on which the owner of the property files a claim for an allowance under this section.
2. The owner of property which is placed upon the tax roll and has been admitted to the program by the department of highways is entitled to an allowance equal to the taxes accrued against such property.
3. A claim for an allowance under the program may be filed with the assessor of the county in which the claimants property is located between January 15 and April 30, inclusive. The claim must be made under oath or affirmation and filed in such form and content and accompanied by such proof as the department may prescribe. The county assessor shall furnish the appropriate form to each claimant.
4. The county assessor shall, within 10 days after receiving a claim, determine the assessed valuation of the property to which the claim applies and submit the claim to the department. The department shall examine the claim and may obtain from the department of highways any information necessary to verify whether the line of railroad which is the subject of the claim has been admitted to the program, and if so, the date of admission and the identification of the owner of the line.
5. The department shall grant or deny each claim and shall notify both the claimant and the county assessor of its decision not later than June 30.
6. If the claim is granted, the county assessor immediately shall notify the auditor and ex officio tax receiver of the county, who shall make such adjustments with respect to the tax roll and the claimants tax bill as are necessary to carry into effect the allowance granted to the claimant.
7. The ex officio tax receiver of the county shall send to the department a statement showing the allowances granted pursuant to this section. Upon verification and audit of the allowances, the department shall authorize reimbursement to the county by the state from money appropriated for that purpose.
8. The department shall adopt such regulations as are necessary to carry out the provisions of this section.
9. Any person who willfully makes a materially false statement on a claim filed under this section or produces false proof, and as a result of such false statement or false proof an allowance is granted to a person not entitled to the allowance, is guilty of a gross misdemeanor.
Sec. 9. NRS 710.290 is hereby amended to read as follows:
710.290 [Upon there being filed with a board of county commissioners of any county a petition signed by two-thirds of the taxpayers of such county requesting the board so to do, the board of county commissioners is authorized to]
κ1979 Statutes of Nevada, Page 565 (CHAPTER 341, SB 335)κ
1. The governing body of any county or city may lease, purchase, [or] construct or provide financial assistance for the operation of a railway line or lines within the limits of the county [,] or the city, if in the judgment of the [board] governing body it would be to the interest of the county or the city so to do, and [to pay for the same] pay the resulting expenses out of the [county] general fund of the county or city or from a fund to be created for that purpose by the sale of bonds as provided in NRS 710.290 to 710.390, inclusive.
2. The governing body of any county or city may enter into agreements with other public agencies in accordance with the provisions of the Interlocal Cooperation Act, whereby the powers conferred by subsection 1 may be exercised jointly with respect to any railway line which extends beyond the county or city limits.
Sec. 10. NRS 710.300 is hereby amended to read as follows:
710.300 [The] Subject to the provisions of any agreement entered into pursuant to the Interlocal Cooperation Act, the title to any railway line or lines constructed or acquired by or under the authority of [any board of county commissioners] the governing body of any county or city, as provided in NRS 710.290 to 710.390, inclusive, [shall be vested in the county and] is vested in that county or city and the railway line or lines are under its control and management.
Sec. 11. NRS 710.310 is hereby amended to read as follows:
710.310 Subject to the provisions of NRS 710.310 to 710.390, inclusive, the [board of county commissioners,] governing body of the county or city, for the lease, purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, financial assistance for operation, or any combination thereof, of a railroad system, including without limitation the lease, purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, engines, cars, tracks, telegraphic equipment, signal equipment, traffic control equipment, maintenance equipment, other equipment, furnishings, electric transmission lines, other facilities, lands in fee simple, easements, rights-of-way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county [,] or the city, issue:
1. 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:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system.
2. Revenue bonds constituting special obligations and payable from such net revenues, without the necessity of the revenue bonds being authorized at any election.
Sec. 12. NRS 710.320 is hereby amended to read as follows:
710.320 1. The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.290 to 710.390, inclusive, shall be in a principal amount not to exceed 2 percent of the assessed valuation of all property in the county or the city for the year in which the bonds [shall be] are issued.
κ1979 Statutes of Nevada, Page 566 (CHAPTER 341, SB 335)κ
assessed valuation of all property in the county or the city for the year in which the bonds [shall be] are issued. Such general obligation securities [shall] constitute a separate classification of debt of the county or city and [shall] do not exhaust its debt-incurring power for other purposes under any other statutory debt limitation.
2. [No revenue bonds or other securities constituting special obligations of the county payable from the revenues of the system shall be issued for any undertaking authorized in NRS 710.290 to 710.390, inclusive, unless the earnings derived from the operation of the system for the fiscal year immediately preceding the date of the issuance of such revenue bonds or other securities has been sufficient to pay the operation and maintenance expenses of the system for the fiscal year, and, in addition, sufficient to pay an amount representing 125 percent of the average annual principal and interest requirements of the outstanding bonds and other securities of the county payable from the revenues of the system and the bonds or other securities proposed to be issued.
3. Nothing in this section shall be construed as preventing the county] This section does not prevent the county or city from funding, refunding or reissuing any securities of the county appertaining to the system as provided in the Local Government Securities Law, as from time to time amended, except as therein limited.
Sec. 13. NRS 710.390 is hereby amended to read as follows:
710.390 Subject to the provisions of NRS 710.290 to 710.390, inclusive, for any undertaking [therein] authorized [the board of county commissioners,] in those sections the governing body of the county or city, as it may determine from time to time, may, on the behalf and in the name of the county [,] or the city, as the case may be, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other [county] securities, and in connection with such undertaking or the railroad system, [the board] may otherwise proceed, all as provided in the Local Government Securities Law, as from time to time amended.
________
Senate Bill No. 349Senators Blakemore and Jacobsen
CHAPTER 342
AN ACT relating to tow cars; allowing the operator of a tow car to make a cash or other deposit in lieu of maintaining a policy of cargo insurance; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Each person who holds a certificate of public convenience and necessity for transportation of vehicles by use of a tow car and is required by regulation of the commission to maintain a policy of cargo insurance may, in lieu of maintaining the policy of insurance, deposit with the state treasurer, under terms which the commission prescribes:
κ1979 Statutes of Nevada, Page 567 (CHAPTER 342, SB 349)κ
regulation of the commission to maintain a policy of cargo insurance may, in lieu of maintaining the policy of insurance, deposit with the state treasurer, under terms which the commission prescribes:
1. An amount of lawful money of the United States fixed by the commission or bonds or other lawful negotiable instruments of the United States or of the State of Nevada of an actual market value fixed by the commission; or
2. A savings certificate issued by a bank or savings and loan association in Nevada which indicates an amount at least equal to the amount fixed by the commission and which states that the amount is unavailable for withdrawal except on order of the commission. Interest earned on the deposit accrues to the holder of the certificate.
________
Senate Bill No. 360Senators Blakemore, Jacobsen, Gibson, Wilson, McCorkle, Neal, Keith Ashworth, Hernstadt, Dodge, Raggio, Echols and Close
CHAPTER 343
AN ACT relating to experimental vehicles; providing for their licensing and registration; exempting them from certain emission and pollution control requirements; and providing other matters properly relating thereto.
[Approved May 11, 1979]
Whereas, Automobile transportation is essential to the economy of the State of Nevada; and
Whereas, The development of technology for automobiles would benefit this state and its citizens in numerous ways; and
Whereas, For example, better emission control devices would help improve the quality of air, and other technology could lead to advances in the areas of fuel conservation and automobile safety; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department may issue special license plates and registration certificates for an experimental motor vehicle which meets reasonable motor vehicle safety standards to residents of Nevada who apply for registration under this section.
2. The director in his discretion shall determine whether a particular motor vehicle is experimental and meets reasonable motor vehicle safety standards, and he shall adopt regulations for the licensing of experimenters and the reporting of test results and modifications at least annually. Test results reported to the department by a licensee must be kept confidential if the licensee so requests.
3. The license plate fee for an experimental motor vehicle is $25 per year, in addition to all other registration and license fees and motor vehicle privilege taxes.
κ1979 Statutes of Nevada, Page 568 (CHAPTER 343, SB 360)κ
vehicle privilege taxes. The department may renew the license if the results of tests on the vehicle conducted during the immediately preceding 12 months, proposed modifications and any other information relating to the experimental motor vehicle which may be required by the director are supplied by the licensee.
4. For purposes of this section, experimental motor vehicle means a vehicle which has been modified in design or engine to test innovations which could lead to improvements in fuel economy, emission control and safety.
Sec. 2. NRS 445.650 is hereby amended to read as follows:
445.650 The provisions of NRS 445.640 do not apply to:
1. Transfer of registration or ownership between:
(a) Husband and wife; or
(b) Companies whose principal business is leasing of vehicles, if there is no change in the lessee or operator of [such vehicle; or] the vehicle.
2. Motor vehicles which are subject to prorated registration pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which are not based in this state.
3. Transfer of registration if evidence of compliance was issued within 90 days before the transfer.
4. Motor vehicles which have been licensed by the department of motor vehicles as experimental vehicles.
Sec. 3. NRS 484.644 is hereby amended to read as follows:
484.644 [No person shall] 1. Except as provided in subsection 2, no person may operate or leave standing on any highway any motor vehicle which is required by state or federal law to be equipped with a motor vehicle pollution control device unless [such] the device is correctly installed and in operating condition. No person [shall] may disconnect, alter or modify any such required device.
2. The provisions of this section [shall] do not apply to [an] :
(a) An alteration or modification found by the state environmental commission not to reduce the effectiveness of any required motor vehicle pollution control device.
(b) Motor vehicles which have been licensed by the department of motor vehicles as experimental vehicles.
________
Senate Bill No. 362Committee on Judiciary
CHAPTER 344
AN ACT relating to corporations; providing for service of process on a corporation which is continued by law as a body corporate after dissolution, expiration or forfeiture of charter; and providing other matters properly relating thereto.
[Approved May 11, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 78.750 is hereby amended to read as follows:
78.750 1. In any action commenced against any corporation in any court of this state, service of process [shall] may be made in the manner provided by law and rule of court for the service of civil process.
κ1979 Statutes of Nevada, Page 569 (CHAPTER 344, SB 362)κ
court of this state, service of process [shall] may be made in the manner provided by law and rule of court for the service of civil process.
2. Service of process on a corporation which has been continued as a body corporate under NRS 78.585 may be made by mailing copies of the process and any associated documents by certified mail, with return receipt requested, to:
(a) The secretary of state;
(b) The resident agent of the corporation, if there is one; and
(c) Each officer and director of the corporation as named in the list last filed with the secretary of state before the dissolution or expiration of the corporation or the forfeiture of its charter.
The manner of serving process described in this subsection does not affect the validity of any other service authorized by law.
________
Senate Bill No. 515Committee on Government Affairs
CHAPTER 345
AN ACT relating to general improvement districts; correcting an internal reference concerning registration for elections; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 318.09525 is hereby amended to read as follows:
318.09525 1. Any person residing within a district who is otherwise qualified to vote at general elections in this state may register to vote in district elections by appearing before the county clerk or registrar of voters of the county in which such district is located, completing an affidavit of registration and giving true and satisfactory answers to all questions relevant to [such] the persons right to vote in district elections. Registration for a district [elections which are] election which is not held simultaneously with [general elections shall] a general election must close at 5 p.m. of the fifth Friday preceding [such] the district election and registration offices [shall] must be open from 9 a.m. to 5 p.m., excluding Saturdays, during the last days before the close of registration. As full compensation for services rendered pursuant to this subsection the county clerk or registrar of voters is entitled to receive from the district on behalf of the county the sum of 15 cents for each registration. All money so received by the county clerk or registrar of voters [shall] must be deposited by him to the credit of the general fund of the county.
2. Within 30 days after April 29, 1977, the board of trustees of each existing district shall cause to be filed with the county clerk or registrar of voters of the county in which the district is located a copy of its original official plat and changes thereto theretofore filed with the county recorder and county assessor. Upon receipt of such plats the county clerk or registrar of voters shall, at the expense of the district, prepare a list of all registered voters residing within the district.
κ1979 Statutes of Nevada, Page 570 (CHAPTER 345, SB 515)κ
registered voters residing within the district. Subsequent registrations [shall] must be added to the list as they occur.
3. Whenever a district election is required, the county clerk or registrar of voters shall submit a list of all persons who have registered to vote in the district elections to the election officers who are charged with the duty of conducting the required election.
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Senate Bill No. 514Committee on Government Affairs
CHAPTER 346
AN ACT relating to public investments; removing the reference to corporations in regard to investment of state permanent school fund; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 355.070 is hereby amended to read as follows:
355.070 1. The state board of finance shall:
(a) Make due and diligent inquiry as to the financial standing and responsibility of [the state or states, county or counties, or person or persons] any state, county or person in whose bonds or securities on agricultural lands it proposes to invest.
(b) Require the attorney general to:
(1) Give his written legal opinion as to the validity of any act [or acts] of any state or county under which [such] the bonds or securities are issued and authorized and in which the state board of finance contemplates investment.
(2) Examine [and pass upon] and give his written opinion upon the title and the abstract of title of all agricultural land on which the state contemplates taking mortgages.
2. If the state board of finance is satisfied as to the financial standing and responsibility of the state [or states] or county [or counties] whose bonds or securities it proposes to purchase, or is satisfied of the financial standing and responsibility of the person [or persons or corporation or corporations] whose mortgages on agricultural land are offered to the state, and the attorney general gives his written opinion that the act [or acts] under which the bonds or securities are issued [are] is valid and that the issues were duly and regularly made, or approves the abstract of title of the agricultural land proposed to be mortgaged, the board may approve [such] the investment. By a majority vote, the board shall order the state controller to draw his warrant in favor of the state treasurer for the amount to be invested. The state controller shall [thereupon] then draw his warrant as directed, and the state treasurer shall complete the purchase of the securities authorized by the board.
________
κ1979 Statutes of Nevada, Page 571κ
Senate Bill No. 513Committee on Government Affairs
CHAPTER 347
AN ACT relating to state lands; clarifying the provisions of law under which state land may be leased; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 232.158 is hereby amended to read as follows:
232.158 1. Notwithstanding the provisions of chapters 321, 322 and 323 of NRS, the state land registrar shall not sell or exchange any state lands, except those acquired by escheat, until the legislature, by concurrent resolution, authorizes the resumption of sales or exchanges.
2. State land [shall] may be leased only pursuant to the provisions of [NRS 322.030.] chapter 322 of NRS.
________
Senate Bill No. 506Committee on Commerce and Labor
CHAPTER 348
AN ACT relating to general improvement districts; authorizing general improvement districts to provide space heating; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 318.116 is hereby amended to read as follows:
318.116 Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by law:
1. Furnishing electric light and power, as provided in NRS 318.117;
2. Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;
3. Furnishing public cemetery facilities or services, as provided in NRS 318.119;
4. Furnishing swimming pool facilities, as provided in NRS 318.1191;
5. Furnishing television facilities, as provided in NRS 318.1192;
6. Furnishing street and alley facilities, as provided in NRS 318.120;
7. Furnishing curb, gutter and sidewalk facilities, as provided in NRS 318.125;
8. Furnishing sidewalk facilities, as provided in NRS 318.130;
9. Furnishing storm drainage facilities, as provided in NRS 318.135;
10. Furnishing sanitary sewer facilities, as provided in NRS 318.140;
11. Furnishing street lighting facilities, as provided in NRS 318.141;
κ1979 Statutes of Nevada, Page 572 (CHAPTER 348, SB 506)κ
12. Furnishing garbage and refuse collection and disposal facilities, as provided in NRS 318.142;
13. Furnishing recreation facilities, as provided in NRS 318.143;
14. Furnishing water facilities, as provided in NRS 318.144;
15. Furnishing fencing facilities, as provided in NRS 318.1195; [and]
16. Furnishing fire protection facilities, as provided in NRS 318.1181 [.] ; and
17. Furnishing space heating as provided in section 2 of this act.
Sec. 2. Chapter 318 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A board of trustees may develop natural sources of energy for and supply the energy for space heating.
________
Senate Bill No. 492Committee on Judiciary
CHAPTER 349
AN ACT relating to crimes against the person; correcting the omission of the word anal from the definition of statutory sexual seduction; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 200.364 is hereby amended to read as follows:
200.364 As used in NRS 200.364 to 200.368, inclusive, unless the context otherwise requires:
1. Perpetrator means a person who commits a sexual assault.
2. Sexual penetration means cunnilingus, fellatio or any intrusion, however slight, of any part of a persons body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.
3. Statutory sexual seduction means ordinary sexual intercourse, [and] anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a consenting person under the age of 16 years.
4. Victim means a person who is subjected to a sexual assault.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 573κ
Senate Bill No. 475Committee on Government Affairs
CHAPTER 350
AN ACT relating to communications; reorganizing the system used by the state; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 233F of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The purposes of the subdivision are:
1. To provide communications installation, maintenance and repair service for state agencies.
2. To provide technical assistance but not administrative control of communications within the several state agencies.
Sec. 3. 1. The provisions of sections 2 to 5, inclusive, of this act, do not apply to the department of highways, the department of conservation and natural resources, the Nevada department of fish and game, the Nevada military department and the state civil defense and disaster agency, but subject to the provisions of sections 2 to 5, inclusive, of this act, such departments, officers and agencies may utilize the services of the communications subdivision.
2. The communications subdivision shall provide all other state agencies with all of their required communications repair and maintenance services.
3. If the demand for services is in excess of the capability of the subdivision to supply such services, the coordinator of communications shall contract with other agencies or independent contractors to furnish the required service and is responsible for the administration of such contracts.
Sec. 4. The communications subdivision may provide service at the request of an agency which is not under the governors control to facilitate the economical servicing of communications equipment throughout state government.
Sec. 5. 1. The Nevada highway patrol communications subdivision fund is hereby created as an intragovernmental fund. Money from the fund must be paid out on claims as other claims against the state are paid.
2. All costs for operation, maintenance, rental, repair and replacement of equipment and the salaries of personnel assigned to the subdivision must be paid from the fund.
3. Each agency using the services of the subdivision shall pay a fee for such use, which is set by the coordinator of communications in an amount which reimburses the subdivision for the entire cost of providing such services, including overhead. Each agency using the services of the subdivision must budget therefor. All fees, proceeds from the sale of equipment and other money received by the subdivision must be deposited with the state treasurer for credit to the fund.
Sec. 6. The coordinator of communications shall:
κ1979 Statutes of Nevada, Page 574 (CHAPTER 350, SB 475)κ
1. Administer the provisions of sections 2 to 5, inclusive, of this act and chapter 233F of NRS, subject to administrative supervision of the chief of the Nevada highway patrol.
2. Consolidate the communications system and services of state agencies and provide for their joint use by federal and state agencies, except as provided in section 4 of this act.
3. Prepare plans, conduct studies and review planning for the orderly development of the state communications system.
4. Procure, install, maintain and purchase or lease communications equipment, facilities and services.
5. Consolidate state procurement required on a periodic basis in accordance with specifications approved by the state communications board.
6. Enter into and administer agreements involving the state communications system.
7. Develop a comprehensive system of equitable billing and charges for communications services provided in any consolidated or joint use system of communications. Such charges must reflect as nearly as practicable the actual share of costs incurred on behalf of or for services rendered to a user agency.
8. Advise agencies of the state as to systems or methods to be used to meet communications requirements efficiently and effectively.
9. Assure that maintenance is performed on the state communications system efficiently and economically.
10. Standardize policies and procedures for the joint use of the state communications system.
11. Perform such other duties in connection with each of his specified duties, and consistent therewith, as may be imposed by the director of the department of motor vehicles or state communications board.
Sec. 7. The director of the department of motor vehicles may appoint the supervising radio technician of the Nevada highway patrol division as the ex officio coordinator of communications.
Sec. 8. NRS 233F.050 is hereby amended to read as follows:
233F.050 [Director means the state communications director.] Coordinator of communications means the supervisor of the communications subdivision of the Nevada highway patrol division.
Sec. 9. NRS 233F.060 is hereby amended to read as follows:
233F.060 State communications system means communication equipment and associated facilities owned, leased or used by state agencies [.] , except the state telephone system.
Sec. 10. 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] the greatest 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.
κ1979 Statutes of Nevada, Page 575 (CHAPTER 350, SB 475)κ
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.
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 fiscal analysis division of the legislative counsel bureau for review.
(b) Upon receipt of such report, the staff of the 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 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] carried out without the approval of the interim finance committee.
Sec. 11. NRS 233F.090 is hereby amended to read as follows:
233F.090 [There is hereby established a state communications board composed of the:
1. Director of the civil defense and disaster agency;
2. Director of the department of general services;
3. Director of the department of law enforcement assistance;
4. Director of the department of motor vehicles;
5. Director of the Nevada department of fish and game;
6. Director of the state department of conservation and natural resources; and
7. State highway engineer.] 1. The state communications board is hereby created. The board consists of a chairman and two members, who:
(a) Are appointed by the governor from among those using the state communications system.
(b) Serve at the pleasure of the governor and are responsible to him.
2. The governor may appoint additional persons to act in an advisory capacity to the board.
Sec. 12. NRS 233F.100 is hereby amended to read as follows:
233F.100 1. [The board shall elect a chairman and such other officers as it deems necessary from among its members. Each officer shall serve 1 year and until a successor is elected by the board.
κ1979 Statutes of Nevada, Page 576 (CHAPTER 350, SB 475)κ
serve 1 year and until a successor is elected by the board. Board officers may be reelected.
2.] The board shall meet at least quarterly and at such times and places as are specified by a call of the chairman. [or any two members of the board. Four members of the board constitute a quorum.
3. Each member of the board shall:
(a) Designate a permanent voting alternate to represent him at the board meetings in his absence.
(b) Appoint a technical representative] 2. The chairman of the board shall appoint technical representatives to serve on a technical advisory committee which is hereby created to serve the board.
[4.] Members of the board [and the technical advisory committee] shall serve without compensation [.] but may be reimbursed from the Nevada highway patrol communications subdivision fund for necessary travel and per diem expenses in the amounts provided by law.
Sec. 13. NRS 233F.110 is hereby amended to read as follows:
233F.110 1. The board shall establish and [implement] administer policy respecting the development, administration and operation of the state communications system. The board shall provide sufficient numbers of microwave channels for use by state agencies.
2. Regulations governing the joint use of the state communications system [shall] must establish a minimum standard for such use and are supplemental to rules or regulations of the Federal Communications Commission on the same subject.
3. [Microwave] Except as provided in subsection 5, microwave channels assigned to user agencies by the board [prior to July 1, 1975, shall] must not be reassigned without the concurrence of the user agency.
4. Microwave channels [shall] may be assigned [permanently] to the department of law enforcement assistance for assignment by [such] that department to local, state and federal [law enforcement] criminal justice agencies as [the] that department may desire. [Operating costs shall be assumed by the department of law enforcement assistance with equitable billings charged to user agencies.] The department of law enforcement assistance shall assume the operating costs of those channels and bill user agencies for those costs.
5. The board may revoke the assignment of a microwave channel if an agency fails to pay for its use and may reassign that channel to another agency.
Sec. 14. NRS 481.023 is hereby amended to read as follows:
481.023 Except as otherwise provided therein, the department of motor vehicles shall execute, administer and enforce, and perform the functions and duties provided in:
1. Title 43 of NRS relating to vehicles.
2. Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by such carriers.
3. Chapter 366 of NRS relating to imposition and collection of taxes on special fuels used for motor vehicles.
4. Chapter 233F relating to the state communications system.
Sec. 15. NRS 481.067 is hereby amended to read as follows:
481.067 The department shall consist of:
1. The registration division.
κ1979 Statutes of Nevada, Page 577 (CHAPTER 350, SB 475)κ
2. The motor carrier division.
3. The drivers license division.
4. The Nevada highway patrol division [.] and communications subdivision.
5. The administrative services division.
6. The automation division.
7. Such other divisions as the director may in his discretion from time to time establish.
Sec. 16. NRS 233F.120 and 233F.130 are hereby repealed.
________
Senate Bill No. 464Committee on Commerce and Labor
CHAPTER 351
AN ACT relating to development corporations; revising the law relating to those corporations; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 670 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Before the articles of incorporation or any amendment to them are filed with the secretary of state they must be approved by the superintendent.
Sec. 3. A development corporation shall obtain a license from the superintendent before conducting any business. The application for the license must be on a form and be accompanied by a nonrefundable application fee of not more than $1,000 prescribed by the superintendent.
Sec. 4. The superintendent shall adopt such regulations as may be necessary to carry out the purposes and provisions of this chapter.
Sec. 5. NRS 670.010 is hereby amended to read as follows:
670.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 670.020 to [670.060,] 670.050, inclusive, have the meanings ascribed to them in [such] those sections.
Sec. 6. NRS 670.030 is hereby amended to read as follows:
670.030 Corporation means a Nevada [industrial] development corporation created under this chapter.
Sec. 7. NRS 670.070 is hereby amended to read as follows:
670.070 [Twenty-five] Five or more persons, a majority of whom are residents of this state, may create [an industrial] a development corporation by filing articles of incorporation in the office of the secretary of state in accordance with the provisions of this chapter.
Sec. 8. NRS 670.080 is hereby amended to read as follows:
670.080 The articles of incorporation of the corporation [shall] must contain:
1. The name of the corporation, which [shall] must include the words [industrial development corporation of Nevada.]
κ1979 Statutes of Nevada, Page 578 (CHAPTER 351, SB 464)κ
words [industrial development corporation of Nevada.] development corporation.
2. The location of the principal office of the corporation, but the corporation may have other offices [throughout the state as may be fixed by] as the board of directors [.] deems necessary, but all offices of the corporation must be in this state.
3. The purposes for which the corporation is founded, which [shall] must be:
(a) To assist, encourage, [and, through the cooperative efforts of the institutions and corporations which from time to time become members thereof,] develop and advance the business prosperity and economic welfare of this state;
(b) To encourage and assist in the location of new business and industry in this state and to rehabilitate existing business and industry;
(c) To stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of this state, provide maximum opportunities for employment, encourage thrift and improve the standard of living of the citizens of this state;
(d) To cooperate and act in conjunction with other organizations, public or private, the objects of which are the promotion and advancement of industrial, commercial, agricultural and recreational developments in this state; and
(e) To furnish money and credit to approved and deserving applicants, for the promotion, development and conduct of all kinds of business activity in this state, thereby establishing a source of credit not otherwise readily available therefor.
4. The names and post office addresses of the members of the first board of directors, who, unless otherwise provided by the articles of incorporation or the bylaws, shall hold office for the first year of existence of the corporation or until their successors are elected and have qualified.
5. Any provision which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation and any provision creating, dividing, limiting and regulating the powers of the corporation, the directors, stockholders or any class of the stockholders, including but not limited to a list of the officers, and provisions governing the issuance of stock certificates to replace lost or destroyed certificates, except that no provision [shall be contained] may be included for cumulative voting for directors.
6. The amount of authorized capital stock and the number of shares into which it is divided, the par value of each share and the amount of capital with which the corporation will commence business and, if there is more than one class of stock, a description of the different classes; the names and addresses of the preorganization subscribers of stock and the number of shares subscribed by each. The aggregate of the subscription [shall be] is the minimum amount of capital with which the corporation may commence business which [shall] may not be less than [$300,000.] $500,000.
7. Any provision consistent with the laws of this state for the regulation of the corporation.
κ1979 Statutes of Nevada, Page 579 (CHAPTER 351, SB 464)κ
8. A recitation that the corporation is organized under the provisions of this chapter.
Sec. 9. NRS 670.100 is hereby amended to read as follows:
670.100 [The secretary of state shall not approve articles of incorporation for a corporation organized under this chapter until a total of at least six national banks, state banks, savings banks, industrial savings banks, federal savings and loan associations, domestic building and loan associations or insurance companies authorized to do business within this state, or any combination thereof, have agreed in writing to become members of the corporation and their written agreement has been filed with the articles of incorporation.] When the articles of incorporation have been approved by the superintendent and filed in the office of the secretary of state and approved by [him,] the secretary of state, and all application, licensing and filing fees and taxes prescribed by law have been paid, the subscribers, their successors and assigns constitute a corporation, and the corporation is then authorized to commence business, and stock [thereof] of the corporation to the extent authorized by this chapter may from time to time be issued.
Sec. 10. NRS 670.110 is hereby amended to read as follows:
670.110 1. The articles of incorporation may be amended by the [votes of the stockholders and the members of the corporation, voting separately by classes, and such amendments require approval by the affirmative vote of two-thirds of the votes to which the stockholders are entitled and two-thirds of the votes to which the members are entitled, except that no] affirmative vote of stockholders representing not less than two-thirds of the issued and outstanding stock entitled to vote. No amendment of the articles of incorporation which is inconsistent with the general purposes expressed in this chapter or [which authorizes any additional class of capital stock to be issued, or] which eliminates or curtails the right of the superintendent of banks to examine the corporation or the obligation of the corporation to make reports as provided in NRS 670.250, may be made. [, and no amendment of the articles of incorporation which increases the obligation of a member to make loans to the corporation, or makes any change in the principal amount, interest rate, maturity date, or in the security or credit position of any outstanding loan of a member to the corporation, or affects a members right to withdraw from membership as provided in this chapter, or affects a members voting rights as provided in this chapter may be made without the consent of each member affected by such amendment.]
2. The amendment must then be approved by the superintendent before it is submitted to the secretary of state.
3. Within 30 days after any meeting at which an amendment of the articles of incorporation has been adopted, articles of amendment signed and sworn to by the president, treasurer and a majority of the directors, setting forth [such] the amendment and due adoption [thereof, shall] of it, must be submitted to the secretary of state who shall examine them, and if he finds that they conform to the requirements of this chapter, shall so certify and endorse his approval [thereon.] on them. Then the articles of amendment [shall] must be filed in the office of the secretary of state, and no [such amendment shall] amendment may take effect until [such] the articles of amendment [shall] have been filed.
κ1979 Statutes of Nevada, Page 580 (CHAPTER 351, SB 464)κ
secretary of state, and no [such amendment shall] amendment may take effect until [such] the articles of amendment [shall] have been filed.
Sec. 11. NRS 670.130 is hereby amended to read as follows:
670.130 In furtherance of its purposes and in addition to the powers conferred on business corporations by law, the corporation [shall,] has, subject to the restrictions and limitations contained in this chapter, [have] the following powers:
1. To elect, appoint and employ officers, agents and employees, to make contracts and incur liabilities for any of the purposes of the corporation. [except that the] The corporation shall not incur any secondary liability by way of guaranty or endorsement of the obligations of any natural person, firm, corporation, joint-stock company, association or trust, or in any other manner [.] , except that the corporation may guarantee or endorse obligations of borrowers.
2. To borrow money and negotiate guarantees from [its members and the Small Business Administration and any other similar federal agency] federal agencies for any of the purposes of the corporation, to issue [therefor] its bonds, debentures, notes or other evidences of indebtedness, whether secured or unsecured, and to secure [the same] them by mortgage, pledge, deed of trust or other lien on its property, franchises, rights and privileges of every kind and nature, or any part [thereof] of them or interest [therein,] in them, without securing stockholder [or member] approval.
3. To make loans to any natural person, firm, corporation, joint-stock company, association or trust, and to establish and regulate the terms and conditions with respect to [any such] those loans and the charges for interest and service connected therewith, except that the corporation shall not approve any application for a loan unless the person applying for the loan shows that he has applied for the loan through ordinary banking channels and that the loan has been refused by at least one bank or other financial institution.
4. To purchase, receive, hold, lease or otherwise acquire, and to sell, convey, transfer, lease or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant [thereto] to the property and the use [thereof,] of it, including but not restricted to any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations.
5. To acquire the good will, business, rights, real and personal property and other assets, or any part [thereof,] of them, or interest [therein,] in them, of any natural person, firm, corporation, joint-stock company, association or trust, and to assume, undertake or pay the obligations, debts and liabilities of [any such] that natural person, firm, corporation, joint-stock company, association or trust; to acquire improved or unimproved real estate for the purpose of constructing industrial plants or other business establishments [thereon] on it or for the purpose of disposing of [such] that real estate to others for the construction of industrial plants or other business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease or otherwise dispose of industrial plants or business establishments.
κ1979 Statutes of Nevada, Page 581 (CHAPTER 351, SB 464)κ
6. To acquire, subscribe for, own, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the stock, shares, bonds, debentures, notes or other securities and evidences of interest in or indebtedness of any natural person, firm, corporation, joint-stock company, association or trust, and while the owner or holder thereof to exercise all the rights, powers and privileges of ownership including the right to vote thereon.
7. To mortgage, pledge or otherwise encumber any property, right or thing of value acquired pursuant to the powers contained in subsections 4, 5 or 6 as security for the payment of any part of the purchase price [thereof.] of them.
8. To cooperate with and avail itself of the facilities of the United States Department of Commerce, the Nevada department of economic development and any other similar state or federal governmental agencies; and to cooperate with and assist, and otherwise encourage organizations in the various communities of the state in the promotion, assistance and development of the business prosperity and economic welfare of [such] those communities or of this state. [or of any part thereof.]
9. To do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter.
Sec. 12. NRS 670.180 is hereby amended to read as follows:
670.180 The stockholders [and the members] of the corporation [shall] have the following powers:
1. To determine the number of and elect directors as provided in NRS 670.200.
2. To make, amend and repeal bylaws.
3. To amend its charter as provided in NRS 670.110.
4. To dissolve the corporation as provided in NRS 670.300.
5. To do all things necessary or desirable to secure aid, assistance loans and other financing from any financial institutions and from any agency established under the Small Business Investment Act of 1958, Public Law 85 — 699, 85th Congress, or other similar federal laws now or hereafter enacted.
6. To exercise such other of the powers of the corporation consistent with this chapter as may be conferred on the stockholders [and the members] by the bylaws.
Sec. 13. NRS 670.200 is hereby amended to read as follows:
670.200 1. The business and affairs of the corporation [shall] must be managed and conducted by a board of directors, a president, a vice president, a secretary, a treasurer and such other officers and agents as the corporation by its bylaws may authorize. The board of directors shall consist of [such] a number not less than [15] 9 nor more than [21 as shall] 15 as may be determined in the first instance by the incorporators and [thereafter] after that annually by the [members and the] stockholders of the corporation.
2. The board of directors may exercise all the powers of the corporation except those conferred by law or by the bylaws of the corporation upon the stockholders [or members] and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except vacancies in the office of director, which [shall] must be filled as provided in this section.
κ1979 Statutes of Nevada, Page 582 (CHAPTER 351, SB 464)κ
3. The board of directors shall be elected in the first instance by the incorporators and [thereafter] after that by the stockholders at the annual meeting, which annual meeting [shall] must be held during the month of January or, if no annual meeting is held in the year of incorporation, then within 90 days after the approval of the articles of incorporation at a special meeting as provided in this chapter. [At each annual meeting, or at each special meeting held as provided in this section, the members of the corporation shall elect two-thirds of the board of directors, and the stockholders shall elect the remaining directors.]
4. The directors shall hold office until the next annual meeting of the corporation or special meeting held in lieu of the annual meeting after the election and until their successors are elected and qualified, unless sooner removed in accordance with the provisions of the bylaws.
5. Any vacancy in the office of a director [elected by the members shall be filled by the directors elected by the members, and any vacancy in the office of a director elected by the stockholders shall] must be filled by the directors. [elected by the stockholders.]
6. Directors and officers [shall not be] are not responsible for losses unless the losses [shall] have been occasioned by the willful misconduct of [such] those directors and officers.
Sec. 14. NRS 670.220 is hereby amended to read as follows:
670.220 [The corporation shall not deposit any of its funds in any banking institution unless that institution has been designated as a depository by a vote of a majority of the directors present at an authorized meeting of the board of directors, exclusive of any director who is an officer or director of the depository so designated.] The corporation shall not receive money on deposit.
Sec. 15. NRS 670.240 is hereby amended to read as follows:
670.240 1. Every corporation organized and engaged in business under the provisions of this chapter shall pay an annual state license fee of [$50.] $100.
2. The county and city wherein [any such] the corporation maintains a place of business may also levy a license fee which does not exceed $50.
Sec. 16. NRS 670.250 is hereby amended to read as follows:
670.250 1. The superintendent of banks shall examine the corporation [at least annually.] as often as he deems necessary.
2. The corporation shall make reports of its condition at least annually to the superintendent of banks and more frequently upon the order of the superintendent of banks. The superintendent of banks shall furnish copies of these reports to the commissioner of insurance, the commissioner of savings associations and the governor. The corporation shall also furnish such other information as may from time to time be required by the superintendent of banks or the secretary of state.
3. The corporation shall pay [the actual cost of the examinations.] a reasonable cost for each hour expended by a state examiner in conducting the examination and preparing the examination report.
4. The superintendent of banks shall exercise the same supervisory authority over corporations organized under this chapter as he now exercises over banks and trust companies [.] chartered by the state.
κ1979 Statutes of Nevada, Page 583 (CHAPTER 351, SB 464)κ
Sec. 17. NRS 670.290 is hereby amended to read as follows:
670.290 The period of existence of a corporation is 50 years, except that the stockholders [and the members] may dissolve the corporation [prior to] before the expiration of that period as provided in NRS 670.300.
Sec. 18. NRS 670.300 is hereby amended to read as follows:
670.300 A corporation may dissolve upon the affirmative vote of stockholders representing not less than two-thirds [of the votes to which the stockholders are entitled and two-thirds of the votes to which the members are entitled. Upon the dissolution of a corporation, none of the corporations assets shall be distributed to the stockholders until all sums due the members of the corporation as creditors thereof have been paid in full.] of the issued and outstanding stock.
Sec. 19. NRS 99.050 is hereby amended to read as follows:
99.050 1. Parties may agree for the payment of any rate of interest on money due or to become due on any contract which does not exceed the rate of 12 percent per annum, except as otherwise provided in subsection 2.
2. If the lowest daily prime rate at the three largest United States banking institutions is 9 percent or more, the maximum rate of interest shall not exceed such lowest daily prime rate plus 3.5 percent. If a loan is made pursuant to this subsection:
(a) The lender shall certify on the loan document, under penalty of perjury, what the lowest prime rate is on the date of execution of the final loan document.
(b) The lender shall not impose any charge or penalty for prepayment of all or any part of the loan.
(c) The lender, except as provided in subsection 4, shall not require any compensating balance or use any other device to increase the cost to the borrower of borrowing the net amount of the loan.
As used in this subsection, lender means any person who advances money for the use of another or forbears the immediate collection of money due for value received, and the terms borrower and loan have corresponding meanings.
3. Any agreement for a greater rate of interest than specified in this section is null and void and of no effect as to [such] the excessive rate of interest.
4. The provisions of paragraph (c) of subsection 2 do not apply to development corporations governed by chapter 670 of NRS.
Sec. 20. NRS 662.099 is hereby amended to read as follows:
662.099 A state bank may purchase for its own account the shares and other securities of [an industrial] a development corporation organized under the provisions of chapter 670 of NRS on the same terms and under the same conditions as a national bank may purchase them.
Sec. 21. NRS 670.060, 670.140 to 670.170, inclusive, 670.190 and 670.210 are hereby repealed.
Sec. 22. This act shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 584κ
Senate Bill No. 446Committee on Government Affairs
CHAPTER 352
AN ACT relating to general improvement districts; revising certain provisions of law governing issuance of bonds; extending the permissible periods for collection of installments on special assessments; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 318.325 is hereby amended to read as follows:
318.325 1. Subject to the limitations and other provisions in this chapter, a board of any district may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsection 3:
(a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;
(b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;
(c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes or any special assessments, which payment is secured by a pledge of and lien on such net revenues; or
(d) Any combination of such securities.
2. [Nothing in this chapter prevents a district from funding, refunding or reissuing] The board may fund, refund or reissue any outstanding securities of the district of a type designated in subsection 1 [as provided] in the same manner and subject to the same limitations as are provided by the Local Government Securities Law [.] for securities governed by its provisions.
3. General obligation or revenue bonds may be sold for not less than [90 percent of their face amount and for an interest coupon rate of not to exceed 9 percent per annum, without regard to effective interest rate. If no bids are received or if the bid or bids received are not satisfactory as to price or responsibility of the bidder, the bonds may be readvertised or sold at private sale.] the principal amount thereof and accrued interest thereon, or at a discount not exceeding 9 percent of the principal amount thereof and at a price which will not result in an effective interest rate of more than 9 percent per annum if the amount of discount permitted by the board has been capitalized as a cost of the project.
Sec. 2. NRS 318.420 is hereby amended to read as follows:
318.420 1. All special assessments [shall] from the date of their approval [thereof] constitute a lien upon the respective lots or parcels of land assessed. The lien is coequal with the lien of general taxes, is not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and is prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.
2. Upon the approval of any assessment, the amount thereof, with interest at a rate not to exceed 10 percent per annum, may be divided into not more than [15] 20 substantially equal annual or [30] 40 substantially equal semiannual installments to be collected at such time, [with such interest, at a rate not to exceed 10 percent per annum,] and with such penalties to be collected upon delinquent payments, as the board may determine; but at the option of the owner of property assessed, the whole or any part of the unpaid principal, with interest accruing thereon to the next interest payment date, is payable at any time.
κ1979 Statutes of Nevada, Page 585 (CHAPTER 352, SB 446)κ
interest at a rate not to exceed 10 percent per annum, may be divided into not more than [15] 20 substantially equal annual or [30] 40 substantially equal semiannual installments to be collected at such time, [with such interest, at a rate not to exceed 10 percent per annum,] and with such penalties to be collected upon delinquent payments, as the board may determine; but at the option of the owner of property assessed, the whole or any part of the unpaid principal, with interest accruing thereon to the next interest payment date, is payable at any time.
3. A notice of the lien created by such a special assessment, separately prepared for each lot affected, [shall] must be:
(a) Delivered by the board to the office of the county recorder of the county within which the property subject to [such] the lien is located.
(b) Recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land.
(c) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.
Sec. 3. NRS 318.460 is hereby amended to read as follows:
318.460 1. When the board determines to make any public improvements and determines to defray the whole or any part of the cost or expense thereof by special assessment, the board may, by resolution, at the time it directs [such] the special assessment to be made by the assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the general improvement district at any general or special election, cause to be issued bonds of [such] the district, not exceeding the amount of the assessments outstanding and unpaid, for the purpose of defraying all or part of the cost or expense of [such] the improvements, but not for the purpose of capitalizing interest payments thereon during the construction and development period under any such public improvements determination except during the initial period not to exceed 2 years from the date of issue of the bonds.
2. The bonds [shall:] must:
(a) Be signed by the chairman of the district and countersigned by the secretary of the district.
(b) Each be in a denomination in a multiple of $100, but not exceeding [$1,000,] $5,000, except that bond numbered one may be in an odd denomination.
(c) Be serial in form and maturity [, the various annual maturities commencing not later than the third year and ending not later than 15 years after date of issue, and shall mature in equal annual installments; but the first and last installments may be for a greater or lesser amount than the other installments.
(d)] , and must mature in such denomination or denominations at such time or times, beginning not later than 1 year and ending not later than 20 years after their dates of issue, as is provided in the resolution for the issuance of the bonds.
(d) Bear interest at a rate or rates not exceeding 9 percent per annum.
(e) Be subject to prior redemption at the option of the district, whenever funds are available therefor, on any interest payment date prior to maturity, at a price equal to the principal amount thereof and with accrued interest to the redemption date.
κ1979 Statutes of Nevada, Page 586 (CHAPTER 352, SB 446)κ
3. The bonds and coupons [shall] must be payable to bearer and [shall] must be transferable by delivery.
[4. The principal of the assessments shall be payable and be collected in semiannual or annual installments, as determined in the resolution providing for the issuance of the bonds, in annual amounts equal to the principal determined each year to accrue for such year on bonds then outstanding, as nearly as may be, and NRS 318.420 shall not apply.
5. Interest on the unpaid assessments shall be at the rate stated in the bonds, and shall be payable and be collected in semiannual or annual amounts sufficient to pay the interest to accrue for such year on bonds then outstanding.]
________
Senate Bill No. 437Committee on Judiciary
CHAPTER 353
AN ACT relating to victims of sexual assault; requiring counties to provide counseling and medical treatment to the victims; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 217.290 is hereby amended to read as follows:
217.290 The board of county commissioners of [any county may] each county shall provide by ordinance for the counseling and medical treatment of victims of sexual assault in accordance with the provisions of NRS 217.280 to 217.350, inclusive.
Sec. 2. NRS 217.310 is hereby amended to read as follows:
217.310 1. [Any] If any victim of sexual assault requires medical treatment for physical injuries as a result of the sexual assault, in addition to any initial emergency medical care provided, or if any victim or spouse of such a victim [who] suffers emotional trauma as a result of the sexual assault, the victim or spouse may, upon submitting an affidavit as required by subsection 2, apply to the board of county commissioners in the county where the sexual assault occurred for treatment at county expense.
2. The board [may] shall approve an application for treatment upon receiving an affidavit from the applicant declaring that:
(a) The applicant is a victim of sexual assault or spouse of such a victim;
(b) The sexual assault occurred in the county; and
(c) The [applicant] victim requires medical treatment for physical injuries, or the victim or spouse has suffered emotional trauma,
as a result of the sexual assault.
3. The filing of a [criminal complaint against the alleged offender] report with the appropriate law enforcement agency is a prerequisite to qualify for treatment under the provisions of this section.
κ1979 Statutes of Nevada, Page 587 (CHAPTER 353, SB 437)κ
Sec. 3. NRS 217.320 is hereby amended to read as follows:
217.320 1. Upon approval by the board of county commissioners as provided in NRS 217.310, medical treatment for the victims physical injuries or treatment in the form of psychological, psychiatric and marital counseling [shall be made available to] for the victim [of a sexual assault] and the victims spouse must be made available at a county hospital or other facility with which the board may contract for the purpose of providing such treatment.
2. Any costs for treatment provided pursuant to this section, not exceeding $1,000, shall be paid by the county which authorized the treatment.
Sec. 4. NRS 217.330 is hereby amended to read as follows:
217.330 1. The board of county commissioners shall require the psychologist, psychiatrist or counselor treating a victim of sexual assault or the victims spouse for emotional trauma suffered as a result of the sexual assault to certify from time to time that the counseling relates to the sexual assault and that the victim or spouse still suffers from the effects of the emotional trauma which resulted from the sexual assault.
2. If the person providing the treatment fails to make the certification upon request by the board, the board may order the treatment terminated.
Sec. 5. NRS 449.244 is hereby amended to read as follows:
449.244 1. Any costs incurred by a hospital for:
[1.] (a) The examination of the victim of a sexual offense, when such examination is performed for the purposes of gathering evidence for possible prosecution of the person who committed the offense; or
[2.] (b) Initial emergency medical care for the victim,
shall not be charged directly or indirectly to the victim. Such costs shall be charged to the county in whose jurisdiction the offense was committed.
2. Whenever costs are incurred by a hospital for treatment which has been approved by the board of county commissioners pursuant to NRS 217.310 for the victim of a sexual assault or the spouse of such a victim, or both, the costs of the treatment, not to exceed $1,000, must be charged to the county which authorized the treatment. Any remainder must be handled the same as other hospital costs.
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κ1979 Statutes of Nevada, Page 588κ
Senate Bill No. 431Committee on Government Affairs
CHAPTER 354
AN ACT to amend an act entitled An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to designate such district as the agency responsible for water distribution; to provide for the procurement, storage, and distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the groundwater resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds and other securities; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds and other securities of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 1947, as amended.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 11 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as amended by chapter 797, Statutes of Nevada 1973, at page 1790, is hereby amended to read as follows:
[Section] Sec. 11. All moneys belonging to or in the custody of the water district shall, so far as possible, be deposited in such state or national bank or banks in this state as the treasurer or other officer of such water district having legal custody of said moneys shall select for the safekeeping thereof, and shall be subject to withdrawal at any time on demand of the treasurer or other authorized officer, subject to the compliance of such treasurer or other authorized officer with any order, directive or policy determination with respect thereto as may be established by the board.
For the security of such deposits there shall be delivered to the treasurer of such water district a bond or bonds of a corporate surety qualified to act as sole surety on bonds or undertakings required by the laws of this state, and approved by the insurance commissioner of this state as a company possessing the qualifications required for the purpose of transacting a surety business within this state; provided, that the penal amount of such bond or bonds shall at no time be less than the amount of money deposited by such water district with such depositary; said bond or bonds shall secure and guarantee the full and complete repayment to such water district or the payment to its order of all funds so deposited, together with interest thereon. The premium for such corporate surety bond or bonds, in the discretion of the directors of the water district, may be paid out of the funds so deposited or may be required to be paid by the depositary; provided, however, that said depositary may, in lieu of said corporate surety bond or bonds, deposit with the treasurer of such water district treasury notes or United States bonds, or other securities which are legal investments for [savings bonds] banks in this state, the market value of which shall at all times equal the amount of funds so deposited as collateral security, and such securities shall be placed by such treasurer in escrow in some bank other than the depositary of the funds of such district.
κ1979 Statutes of Nevada, Page 589 (CHAPTER 354, SB 431)κ
United States bonds, or other securities which are legal investments for [savings bonds] banks in this state, the market value of which shall at all times equal the amount of funds so deposited as collateral security, and such securities shall be placed by such treasurer in escrow in some bank other than the depositary of the funds of such district. In the event of the failure of the depositary to repay such funds to the district on demand, or to pay the same to its order, the securities so placed in escrow shall be redelivered to the treasurer and may be sold by him with or without notice, and the proceeds thereof used to reimburse the district. The treasurer, or other officer, of such district having legal custody of its moneys, may, in his discretion, deposit such moneys, in whole or in part, in United States postal savings banks. He shall also have power to deposit such moneys in the same manner and under the same conditions as may be applicable to the deposit of state, county, and/or municipal funds by the legal custodians thereof. Such treasurer or other officer shall at all times comply with any order, directive or policy determination with respect to such deposits as may be established by the board.
Sec. 2. Section 42 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as added by chapter 446, Statutes of Nevada 1963, at page 1202, is hereby amended to read as follows:
[Section] Sec. 42. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general funds of the district; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to [those by whom it was paid.] the owners of record, at the time the refund is made, of the property against which the special assessment was levied.
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Senate Bill No. 395Senator Don Ashworth
CHAPTER 355
AN ACT relating to guardianships; expanding the powers of guardians; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 159.113 is hereby amended to read as follows:
159.113 1. At any time after his appointment, the guardian of the estate may petition the court for an order authorizing the guardian to:
(a) Invest the property of the ward.
(b) Continue the business of the ward.
κ1979 Statutes of Nevada, Page 590 (CHAPTER 355, SB 395)κ
(c) Borrow money for the ward.
(d) [Complete] Enter into contracts for the ward or complete the performance of contracts of the ward.
(e) Make gifts from the wards estate or make expenditures for the wards relatives.
(f) Sell, lease, place into any type of trust or surrender any property of the ward.
(g) Exchange or partition the wards property.
(h) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the wards property.
(i) Release the power of the ward as trustee, personal representative, custodian for a minor or guardian.
(j) Exercise or release the power of the ward as a donee of a power of appointment.
(k) Change the state of residence or domicile of the ward.
2. [Any such petition shall] The petition must be signed by the guardian and contain:
(a) The name, age, residence and address of the ward.
(b) A concise statement as to the condition of the wards estate.
(c) A concise statement as to the advantage to the ward of or the necessity for the proposed action.
(d) The terms and conditions of any proposed sale, lease, partition, trust exchange or investment, and a specific description of any property involved.
3. [All or any] Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do [any] one or more of [such] those acts.
4. A petition filed pursuant to paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for appointment of the guardian, and if the guardian is appointed the court may enter additional orders authorizing the guardian to continue the business of the ward, enter contracts for the ward, or to complete contracts of the ward.
Sec. 2. NRS 159.117 is hereby amended to read as follows:
159.117 1. Upon approval of the court by order, a guardian of the estate may: [invest]
(a) Invest the property of the ward, make loans and accept security therefor, in the manner and to the extent authorized by the court.
(b) Exercise options of the ward to purchase or exchange securities or other property.
2. A guardian of the estate may, without securing the prior approval of the court, invest the property of the ward in the following:
(a) Savings accounts in any bank or savings and loan association in this state, to the extent that such deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
(b) Interest-bearing obligations of or fully guaranteed by the United States.
κ1979 Statutes of Nevada, Page 591 (CHAPTER 355, SB 395)κ
(c) Interest-bearing obligations of the United States Postal Service.
(d) Interest-bearing obligations of the Federal National Mortgage Association.
(e) Interest-bearing general obligations of this state.
(f) Interest-bearing general obligations of any county, city or school district of this state.
3. A guardian of the estate for two or more wards may invest the property of two or more of the wards in property in which each ward whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each ward in the investment and in the income, profits or proceeds therefrom.
Sec. 3. NRS 159.125 is hereby amended to read as follows:
159.125 A guardian of the estate, with prior approval of the court by order, may, from the estate of the ward which is not necessary for the proper care, maintenance, education and support of the ward and of persons to whom the ward owes a legal duty of support:
1. Make reasonable gifts [to charitable or religious institutions] directly, or into a trust, on behalf of the ward. [, consistent with the wards standard of living.]
2. Provide for or contribute to the care, maintenance, education or support of persons who are or have been related to the ward by blood or marriage.
3. Pay or contribute to the payment of reasonable expenses of remedial care and treatment for and the funeral and burial of persons who are or have been related to the ward by blood or marriage.
Sec. 4. NRS 159.127 is hereby amended to read as follows:
159.127 A guardian of the estate, with prior approval of the court by order, may sell, [or] lease or place in trust any of the property of the ward:
1. For the purpose of paying claims against the ward, the guardianship estate or the guardian of the estate. [as such.]
2. For the purpose of providing for the proper care, maintenance, education and support of the ward and any person to whom the ward owes a legal duty of support.
3. For the purpose of investing the proceeds.
4. To obtain income through rentals or royalties.
5. For any other purpose that is in the best interests of the ward.
Sec. 5. NRS 159.169 is hereby amended to read as follows:
159.169 1. A guardian of the estate may petition the court for advice and instructions in any matter concerning:
(a) The administration of the wards estate;
(b) The priority of paying claims;
(c) The propriety of making any proposed disbursement of funds;
(d) Elections for or on behalf of the ward to take under the will of a deceased spouse;
(e) Exercising for or on behalf of the ward any options or other rights under any policy of insurance [, except the right to change beneficiaries of any policy of life insurance, which shall not be allowed;] or annuity;
κ1979 Statutes of Nevada, Page 592 (CHAPTER 355, SB 395)κ
(f) The propriety of exercising any right exercisable by owners of property; and
(g) Matters of a similar nature.
2. Any act done by a guardian of the estate after securing court approval or instructions with reference to the matters set forth in subsection 1 [shall be] is binding upon the ward or those claiming through the ward, and the guardian [shall not be] is not personally liable for performing any such act.
3. If any other party may be adversely affected by the proposed act of the guardian, the court shall direct the issuance of a citation to [such] that party, to be served upon [such] the person at least 20 days [prior to] before the hearing on the petition. [Such citation shall] The citation must be served in the same manner that summons is served in a civil action and [shall direct such] must direct the party to appear and show cause why the proposed act of the guardian should not be authorized or approved. All parties so served [shall be] are bound by the order of the court [, and such order shall be] which is final and conclusive, subject to any right of appeal.
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Senate Bill No. 145Committee on Human Resources and Facilities
CHAPTER 356
AN ACT relating to nursing; authorizing the state board of pharmacy to issue registration certificates to registered nurses for the prescription, possession, administration and dispensing of controlled substances, poisons, dangerous drugs and devices; and providing other matters properly relating thereto.
[Approved May 14, 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:
1. A registered nurse may possess, administer and dispense controlled substances, poisons, dangerous drugs and devices if he:
(a) Is authorized to do so by the state board of nursing in a certificate issued by that board; and
(b) Applies for and obtains a certificate of registration from the state board of pharmacy and pays the fee set by a regulation adopted by the board.
2. The state board of pharmacy shall consider each application from a registered nurse separately, and may:
(a) Issue a certificate of registration limiting:
(1) The authority of the registered nurse to possess, administer or dispense controlled substances, poisons, dangerous drugs and devices;
(2) The area in which the registered nurse may perform the acts authorized by the certificate;
κ1979 Statutes of Nevada, Page 593 (CHAPTER 356, SB 145)κ
(3) The kind and amount of controlled substances, poisons, dangerous drugs and devices which the certificate permits the registered nurse to possess and use; and
(4) The practice of the registered nurse which involves controlled substances, poisons, dangerous drugs and devices in any manner which the board finds necessary to protect the health, safety and welfare of the public;
(b) Issue a certificate of registration without any limitation not contained in the certificate issued by the state board of nursing; or
(c) Refuse to issue a certificate of registration, regardless of the provisions of the certificate issued by the state board of nursing.
3. If a certificate of registration issued pursuant to this section is suspended or revoked, the board may also suspend or revoke the registration of the physician for and with whom the registered nurse is in practice to dispense controlled substances.
4. The board shall adopt regulations setting forth the maximum amounts of any controlled substance, poison, dangerous drug and devices which a registered nurse who holds a certificate from the board may possess, the conditions under which they must be stored, transported and safeguarded, and the records which each such nurse must keep. In adopting its regulations, the board shall consider:
(a) The areas in which a nurse who holds a certificate from the board can be expected to practice and the populations of those areas;
(b) The experience and training of the nurse;
(c) Distances between areas of practice and the nearest hospitals and physicians;
(d) Effects on the health, safety and welfare of the public; and
(e) Other factors which the board considers important to the regulation of the practice of nurses who hold certificates from the board.
Sec. 2. NRS 453.126 is hereby amended to read as follows:
453.126 Practitioner means:
1. A physician, dentist, veterinarian, scientific investigator, podiatrist or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
2. A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting the nurse to possess, administer or dispense controlled substances.
3. A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
Sec. 3. NRS 454.191 is hereby amended to read as follows:
454.191 Administer means the furnishing:
1. By a physician, physicians assistant if authorized by the board, dentist, podiatrist or veterinarian to his patient of such amount of drugs or medicines referred to in NRS 454.181 to 454.381, inclusive, as are necessary for the immediate needs of the patient; [or]
2. By a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting the nurse to possess and administer dangerous drugs to a patient of such amounts of drugs or medicines referred to in NRS 454.181 to 454.381, inclusive, as are necessary for the immediate needs of the patient; or
κ1979 Statutes of Nevada, Page 594 (CHAPTER 356, SB 145)κ
of nursing and a certificate from the state board of pharmacy permitting the nurse to possess and administer dangerous drugs to a patient of such amounts of drugs or medicines referred to in NRS 454.181 to 454.381, inclusive, as are necessary for the immediate needs of the patient; or
3. By a nurse pursuant to a chart order of individual doses of a drug or medicine:
(a) From an original container which has been furnished as floor or ward stock by a hospital pharmacy;
(b) From a container dispensed by a registered pharmacist pursuant to a prescription; or
(c) Furnished by a physician, dentist, podiatrist or veterinarian.
Sec. 4. NRS 454.211 is hereby amended to read as follows:
454.211 Dispense means the furnishing of:
1. Drugs by a registered pharmacist upon the legal prescription from a physician, dentist, podiatrist or veterinarian; [or]
2. Drugs or medicines to a patient personally by a physician, physicians assistant if authorized by the board, dentist, podiatrist or veterinarian in any amount greater than that which is necessary for the present and immediate needs of the patient [.] ; or
3. Drugs or medicines to a patient personally in an amount greater than that which is necessary for the present and immediate needs of the patient by a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting the nurse to possess and dispense dangerous drugs.
Sec. 5. NRS 454.221 is hereby amended to read as follows:
454.221 1. Any person who furnishes any dangerous drug except upon the prescription of a physician, dentist, podiatrist or veterinarian is guilty of a gross misdemeanor, unless the dangerous drug was obtained originally by a legal prescription.
2. The provisions of this section do not apply to the furnishing of any dangerous drug by:
(a) A physician, physicians assistant if authorized by the board, dentist, podiatrist or veterinarian to his own patients as provided in NRS 454.301;
(b) A registered nurse while participating in a public health program approved by the board [;] , or a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting the nurse to possess and administer or dispense dangerous drugs; or
(c) A manufacturer or wholesaler or pharmacy to each other or to a physician, dentist, podiatrist or veterinarian or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.
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κ1979 Statutes of Nevada, Page 595κ
Senate Bill No. 90Committee on Commerce and Labor
CHAPTER 357
AN ACT relating to trade-marks, trade names and service marks; providing for their registration; prohibiting certain acts; providing civil remedies for infringement or dilution; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 600 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 22, inclusive, of this act.
Sec. 2. As used in sections 2 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Applicant means the person filing an application for registration of a trade-mark, his legal representatives, successors or assigns.
Sec. 4. Mark includes any trade-mark, trade name or service mark entitled to registration whether registered or not.
Sec. 5. Person means any natural person or partnership, corporation, association and any other form of business organization.
Sec. 6. Registrant includes the person to whom the registration of a mark is issued, his legal representatives, successors or assigns.
Sec. 7. Service mark means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.
Sec. 8. Trade-mark means any word, name, symbol or device, or any combination of them, adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others.
Sec. 9. Trade name means a word, symbol, device, or any combination of them, used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others.
Sec. 10. A mark is deemed to be used in this state:
1. On goods when it is placed in any manner on the goods, their containers, the displays associated with them or on the tags or labels affixed to them and the goods are sold or otherwise distributed in the state; and
2. On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.
Sec. 11. A mark must not be registered if it:
1. Contains immoral, deceptive or scandalous matter;
2. Contains matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, national symbols or which may bring them into contempt or disrepute;
3. Resembles or simulates the flag or other insignia of the United States, or of any state or municipality, or of any foreign nation;
κ1979 Statutes of Nevada, Page 596 (CHAPTER 357, SB 90)κ
4. Contains the name, signature or portrait of any living person, except when his written consent has been obtained;
5. Consists of a mark which:
(a) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
(b) When applied to the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or
(c) Is primarily merely a surname,
but this subsection does not prevent the registration of a mark used by the applicant which has become distinctive of the applicants goods or services. Proof of continuous use of the mark by the applicant in this state or elsewhere for 5 years next preceding the date of the filing of the application for registration may be accepted by the secretary of state as evidence that the mark has become distinctive; or
6. So resembles a mark registered in this state or a mark or trade name previously used in this state by another and not abandoned that it is likely that confusion, mistake or deception may result.
Sec. 12. 1. Any person who adopts and uses a mark in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth, but not limited to, the following information:
(a) The name and business address of the person applying for the registration and, if a corporation, the state of incorporation;
(b) The goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with those goods or services and the class as designated by the secretary of state which includes those goods or services;
(c) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or his predecessor in business; and
(d) A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this state either in the form set forth in the application or in such near resemblance to it as might deceive or cause mistake.
2. The application must:
(a) Be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.
(b) Be accompanied by a specimen or facsimile of the mark in triplicate and by a filing fee of $25 payable to the secretary of state.
Sec. 13. 1. Upon compliance by the applicant with the requirements of sections 11 and 12 of this act, the secretary of state shall issue and deliver a certificate of registration to the applicant. The certificate of registration must be issued under the signature of the secretary of state and the seal of the state, and it must designate the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods or services to which the mark applies, a description of the goods or services on which the mark is used, a reproduction of the mark, the registration date and the term of the registration.
κ1979 Statutes of Nevada, Page 597 (CHAPTER 357, SB 90)κ
2. The certificate of registration or a copy of the certificate certified by the secretary of state is admissible in evidence as competent and sufficient proof of the registration of the mark in any action or judicial proceedings in any court of this state, and raises a disputable presumption that the person to whom the certificate was issued is the owner of the mark in this state as applied to the goods or services described in the certificate.
Sec. 14. 1. The registration of a mark is effective for 10 years from the date of registration and, upon application filed within 6 months before the expiration of that period, on a form to be furnished by the secretary of state, the registration may be renewed for a successive period of 10 years. A renewal fee of $10, payable to the secretary of state, must accompany the application for renewal of the registration.
2. A mark registration may be renewed for further successive 10-year periods if the requirements of subsection 1 are satisfied.
3. The secretary of state shall give notice to each registrant when his registration is about to expire. The notice must be given within the year next preceding the expiration date, by writing to the registrants last-known address.
4. Any filing of a mark in force on July 1, 1979, expires 10 years from the date of the filing or of the last renewal of the registration, or on July 1, 1980, whichever is later, and may be renewed by filing an application with the secretary of state on a form furnished by him and paying the required renewal fee within 6 months before the expiration of the filing.
5. All applications for renewals must include a statement that the mark is still in use in this state.
6. The secretary of state shall before January 1, 1980, notify all persons who filed marks with his office before July 1, 1979, of the date when their filing expires under this section by writing to the last-known address of the registrants.
Sec. 15. 1. Any mark and its registration is assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by an instrument in writing which may be recorded with the secretary of state upon the payment of a fee of $25 to the secretary of state who, upon recording the assignment, shall issue in the name of the assignee a new certificate for the remainder of the period of registration.
2. An assignment of any registration is void as against any subsequent purchaser for valuable consideration without notice, unless:
(a) The assignment is recorded with the secretary of state within 3 months after the date of the assignment; or
(b) The assignment is recorded before the subsequent purchase.
Sec. 16. The secretary of state shall keep for public examination a record of all registered marks.
Sec. 17. The secretary of state shall cancel from the register:
1. After July 1, 1980, any filing or registration of a mark which has expired and is not renewed in accordance with the provisions of section 14 of this act.
κ1979 Statutes of Nevada, Page 598 (CHAPTER 357, SB 90)κ
2. Any registration which the registrant or the assignee of record voluntarily requests be canceled.
3. Any registration concerning which a court of competent jurisdiction finds that:
(a) The registered mark as been abandoned.
(b) The registrant is not the owner of the mark.
(c) The registration was granted improperly.
(d) The registration was obtained fraudulently.
(e) The registered mark is likely to cause confusion or mistake or to deceive because of its similarity to a mark registered by another person in the United States Patent and Trademark Office, before the date of the filing of the application for registration by the registrant under sections 2 to 22, inclusive, of this act, and not abandoned. But if the registrant proves that he is the owner of a concurrent registration of his mark in the United States Patent and Trademark Office covering an area including this state, the registration with the secretary of state must not be canceled.
4. Any registration when a court of competent jurisdiction orders cancellation of the registration on any ground.
Sec. 18. 1. The secretary of state may adopt regulations defining general classes of goods and services for which a mark may be registered. Classes defined pursuant to this subsection are deemed to be for administrative convenience and must not be deemed to be exclusive or limit or extend the rights of the applicant or registrant.
2. A single application for registration of a mark may include any goods within their class on which the mark is used, or any services within their class rendered in connection with the mark. If a mark is used for more than one class of goods or more than one class of services the applicant must file a separate application for each class.
Sec. 19. Any person who for himself, or on behalf of any other person, attempts to procure or procures the registration of any mark in this state by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, is liable for all damages sustained in consequence of the registration to any party injured thereby.
Sec. 20. Any person:
1. Who uses, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered in this state in connection with the sale, offering for sale or advertising of any goods or services, which use is likely to cause confusion or mistake or result in deception as to the source of origin of such goods or services; or
2. Who reproduces, counterfeits, copies or colorably imitates any mark registered in this state and applies or causes to apply that reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in conjunction with the sale or other distribution in this state of goods or services,
is liable in a civil action by the owner of the registered mark for any or all of the remedies provided in section 21 of this act, except that the owner of the mark is not entitled to recover profits or damages under subsection 2 unless the act or acts were committed with knowledge that the reproduction, counterfeit, copy or imitation of the mark was intended to be used to cause confusion, mistake or deception.
κ1979 Statutes of Nevada, Page 599 (CHAPTER 357, SB 90)κ
the reproduction, counterfeit, copy or imitation of the mark was intended to be used to cause confusion, mistake or deception.
Sec. 21. 1. Any owner of a mark registered in this state may proceed by suit to enjoin the manufacture, use, display or sale of counterfeits or imitations of it and a court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as it deems just and reasonable under the circumstances, and may require the defendants to pay to the owner all profits derived from his wrongful acts and all damages suffered by reason of these acts. The court may also order that any counterfeits or imitations in the possession or control of any defendant be delivered for destruction to an officer of the court or to the complainant.
2. The enumeration of any right or remedy in this section does not affect a registrants right to prosecute under any penal law of this state.
Sec. 22. The rights and remedies enumerated in sections 2 to 22, inclusive, of this act, are in addition to those to which an owner of a mark is entitled under the common law.
Sec. 23. NRS 225.140 is hereby amended to read as follows:
225.140 1. In addition to other fees authorized by law, the secretary of state shall charge and collect the following fees for the use of the state:
For a written copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, per page.................................... $0.25
For certifying to any such copy and use of the state seal, for each impression 5.00
For [filing and recording trade-marks and names] registering a mark 25.00
For the delivery of [a duly] an attested certificate of the record of [filing any label, trade-mark or form of advertisement, as provided by NRS 600.010] the registration of a mark............................................................... 5.00
For each passport or other document signed by the governor and attested by the secretary of state........................................................................ 10.00
For filing power of attorney...................................................................... 10.00
2. The secretary of state shall charge a reasonable fee for searching records and documents kept in his office.
3. The secretary of state is required to collect the fees specified in this section in all cases, whether the services rendered are to a person, firm, corporation or association.
4. The secretary of state may not charge or collect any filing or other fees:
(a) For services rendered by him to the State of Nevada or any county, city or town thereof, or any officer thereof in his official capacity or respecting his office or official duties.
(b) For attesting extradition papers or executive warrants for other states.
(c) For any commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.
κ1979 Statutes of Nevada, Page 600 (CHAPTER 357, SB 90)κ
Sec. 24. NRS 600.030 is hereby amended to read as follows:
600.030 1. It [shall be] is unlawful for any person or corporation:
(a) To imitate any [label, trade-mark or form of advertisement adopted] mark registered as provided in [NRS 600.010; or] sections 2 to 22, inclusive, of this act;
(b) To use knowingly any counterfeit or imitation thereof; [or]
(c) To use or display such genuine [label, trade-mark or form of advertisement] mark unless authorized to do so; or
(d) [To use or display the name or seal of such person, association or union, or of any officer thereof, unless authorized to do so; or
(e)] To use or display such genuine [label, trade-mark or form of advertisement] mark in a manner not authorized by [such person, association or union; or
(f) To use or display the name or seal of such person, association or union, or any officer thereof, in a manner not authorized by him or it.] the registrant.
2. Any person violating any provision of subsection 1 is guilty of a misdemeanor.
Sec. 25. NRS 600.010 and 600.020 are hereby repealed.
Sec. 26. The provisions of this act do not affect any suit, proceeding or appeal pending on July 1, 1979.
Sec. 27. Section 23 of this act shall become effective at 12:02 a.m. on July 1, 1979.
________
Assembly Bill No. 772Committee on Government Affairs
CHAPTER 358
AN ACT relating to planning and zoning; revising the notice requirement for vacation or abandonment of streets or easements; and providing other matters properly relating thereto.
[Approved May 14, 1979]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.480 is hereby amended to read as follows:
278.480 1. Any abutting owner or local government desiring the vacation or abandonment of any street or easement or portion thereof shall file a petition in writing with the governing body having jurisdiction.
2. If there is a planning commission, the governing body shall refer the petition to the planning commission, which shall report thereon to the governing body as set forth in NRS 278.240.
3. Whenever any street or easement is proposed to be vacated, the governing body shall [cause the street or easement to be posted with a notice] notify by registered mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once